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Business training terms and conditions

These terms and conditions are designed to cover training services provided to businesses. They should not be used for training services provided to domestic customers.

The document in particular protects the interests of the services provider, and accordingly is suitable for use in the creation of standard terms for a training services business.

Special provisions are included in the terms and conditions in respect of services appointments (covering matters including arrangement, late arrivals, rescheduling and cancellation), service provider personnel (identity, experience and qualifications) and customer premises (access and health and safety).

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Business training terms and conditions contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term: indefinite, or services completed and payment made; each contract distinct.
  3. Services: obligation to provide services; standard of services (B2C or mixed); failure to meet services standard; devotion of personnel to services; services: compliance with reasonable customer requests; no guarantees of exam success.
  4. Services appointments: services appointments; late services appointments; rescheduling services appointments; cancellation of services appointment on notice; personnel shortage and cancellation of appointments.
  5. Provider
    personnel:
    assurances relating to personnel.
  6. Customer
    Premises
    :
    obligations of second party in relation to premises; compliance with policies at premises; securing means of access to premises.
  7. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT; variation of charges.
  8. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments.
  9. Confidentiality obligations: first party confidentiality undertaking; second party confidentiality undertaking; disclosure of confidential information to certain persons; exceptions to confidentiality obligations; disclosures of confidential information mandated by law etc; parties to stop using confidential information upon termination; parties to return or destroy confidential information following termination; confidentiality obligations after termination.
  10. Warranties: first party warranty of authority; second party warranty of authority; exclusion of implied warranties and representations.
  11. Data protection: compliance with data protection laws; warranty of
    Customer
    's right to disclose personal data (GDPR); details of personal data and purposes of processing by 
    the Provider
     (GDPR); duration of personal data processing by
    Provider
    (GDPR); personal data processed by
    Provider
    on instructions (GDPR); personal data processed by
    Provider
    as required by law (GDPR); confidentiality obligations on
    Provider
     persons processing personal data (GDPR); security of personal data processed by 
    Provider
     (GDPR); appointment of sub-processor by
    Provider
    (GDPR); authorisation for
    Provider
    to appoint sub-processors (GDPR);
    Provider
     to assist with exercise of data subject rights (GDPR);
    Provider
     to assist with compliance (GDPR);
    Provider
     to provide information (GDPR); deletion of personal data by 
    Provider
     (GDPR);
    Provider
     to allow audit (GDPR); changes to data protection law.
  12. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
  13. Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
  14. Termination: termination without cause (optionally assymetric); termination by either party without cause; termination upon breach; termination upon insolvency; termination upon non-payment.
  15. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
  16. Notices: contractual notices must be in writing; methods and deemed receipt of contractual notices; substitute contact details for notices.
  17. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
  18. General: no waiver; severability; variation written and signed; assymetric assignment of contractual rights; no third party rights; entire agreement; governing law; exclusive jurisdiction.

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