SIREN TRAINING LTD
L/G Floor 202-208 New North House
New North Road
Islington
London
N1 7BJ
Terms and Conditions of Business
These Terms and Conditions shall apply to each Training course or Event
Assignment entered into between you and SIREN TRAINING LIMITED , an
employment business, (‘we’, ‘our’ or ‘us’) of Lower Ground Floor, Unit 2 New
North House, 202-208 New North Road, London, N1 7BJ.
1. Definitions and Interpretation for Training
1.1. In these terms and conditions the following words and phrases have the
following meaning:
‘Training Course’ the action of our staff teaching a person or group a particular
skill;.
‘Assignment’ means our provision of Trainers to you for the provision of
Teaching at a Training Course as detailed in a Course Request or a Booking
Confirmation under these terms and conditions.
‘Course Request’ means a request from you in writing or telephone
conversation for us to provide a Training Course
‘Booking Confirmation’ means your acceptance of an invoice and
confirmation of a Training course whether verbal or in writing;
‘Commencement’ means the date and time that a Training course is scheduled
to commence as set out in an Course Request;
‘Fees’ means the fee payable by you in accordance with clause 3;
‘Trainer’ means a qualified individual with the necessary skills and experience to
provide you with a Training Course;
‘Services’ means the range of duties to be performed by a Trainer at a Training
Course based on the job descriptions detailed in an Course Request;
‘Accreditation’ means, Nationally recognised training through our partnership
with Qualsafe Awards. Ensuring that quality standards in education and training
are met through all courses and training programmes on an ongoing basis.
‘Qualsafe Awards’ means an OFQUAL Accredited group, Auditing SIREN
TRAINING and providing nationally recognised qualifications.
‘Website’ means our website located at http://sirentraining.co.uk.
1.2. Unless the context otherwise requires references to the singular include the
plural.
2. Acceptance, Variation and Cancellation
2.1 To be valid, Course Requests must be made or confirmed by you in writing,
by email or via ‘Add to Cart’ on the Website.
2.2. On receipt of a Course Request we will provide you with an invoice for your
Training Course
2.3. On receipt of a Booking Confirmation we will endeavour to book the Trainers
for your Training Course. Should such Trainers become unavailable we will
endeavour to book replacement Trainers of comparable skill, Qualification,
experience, presentation and attitude for your Training Course.
2.4. You accept and acknowledge that once you have provided a Booking
Confirmation an Assignment may only be varied at our discretion and may result
in an increase to the Minimum Fee.
2.5. If you cancel an Assignment within:
2.5.1 (7) Seven days or more, there is no charge.
2.5.2. (7) Seven days but more than forty eight (48) hours prior to
Commencement, we may charge you up to fifty per cent (50%) of the Minimum
Fee; and
2.5.3. Forty eight (48) hours of Commencement we may charge you up to one
hundred per cent (100%) of the Minimum Fee.
3. Fees, Expenses and Payment
3.1 In consideration for each Assignment you agree to pay us the greater of the
Minimum Fee or an amount equal to the hours worked on the Assignment (to the
nearest quarter hour) by each Trainer provided to you for a Training Course.
3.2 You further agree to reimburse all reasonable expenses incurred by Trainers
on an Assignment including, but not limited to, reasonable expenses incurred
travelling to and from a Training Course and office time incurred in the event of a
cancellation.
3.3 We will endeavour to invoice account clients within seven (7) days of the
booking confirmation of an Assignment and the payment of Fees (plus VAT if
applicable) and reimbursement of expenses will be due within fourteen days of
your receipt of our invoice unless otherwise agreed.
For all new clients we will endeavour to invoice at least forty eight (48) hours prior
to a Training Course and the payment and reimbursement of expenses will be
due Twenty Four (24) hours prior to a Training Course.
3.4 Notwithstanding our statutory rights we reserve the right to charge interest if
we do not receive payment in full by the due date for each invoice, Interest will be
charged on a daily basis (before and after judgment) until payment at 4% over the
base rate Barclays Bank plc from time to time.
3.5 We also reserve the right to refuse to train individuals on a training course if
payment has not been received prior to a training course.
4 Our Assurances
4.1 We warrant that each Trainer has been individually interviewed, has
undergone both a training programme, Together with an Audit from Qualsafe
Awards. They have been chosen for your Training Course on the basis of their
Qualification, presentation, experience and attitude.
4.2 On your written request we will perform security checks on prospective
Trainers on an Assignment, provided such checks are permissible under Data
Protection legislation and/or any other relevant laws and regulations. You agree
to indemnify us and keep us indemnified against any loss and damage suffered
by us arising from our performance of such security checks at your request.
4.3 Should a Trainer fail to arrive at your Training Course or be unable to perform
an Assignment satisfactorily, we will use our reasonable endeavours to replace
them with an appropriate Trainer. However, you agree that this will be your sole
remedy in relation to such failures and we will have no further liability to you.
4.4 We will remain responsible for payment of any earnings to Trainers and
accountable to the Inland Revenue in relation to such earnings.
4.5 We confirm that we maintain suitable Employers Liability Insurance and
Public Liability Insurance with a limit of at least £5 million respectively.
5 Your Responsibilities
5.1. You will be responsible for all Trainers from the moment they arrive at your
venue for a Training Course until you dismiss them at the end of a Training
Course. During a Training Course the Trainer will be under your sole direction
and supervision and we will bear no liability whatsoever for any errors or
omissions caused by a Trainer due to your lack of control, instruction, or suitable
supervision.
5.2. You undertake to ensure that reasonable, safe and adequate working
conditions are provided for Trainers at your Training Course and Trainers will be
fully briefed before commencing the Training and given adequate and prompt
assistance as and when required thereafter. You are solely responsible for the
health and safety of Workers while they are providing Training to the same extent
as they were your employees. For the avoidance of doubt this includes travel to
and from a training Course whether arranged by you or by us in accordance with
your instructions.
5.3. You will, in all matters arising in relation to an Assignment, comply with all
Acts of Parliament, including European Legislation that is applicable to a Training
Course and/or the provision of the Training. In particular, you undertake to
comply with all relevant health and safety legislation and work policies and all
other rights and regulations to which Trainers are entitled.
5.4. You will effect and maintain suitable insurance including Employers and
Public Liability insurance with a reputable insurance company to cover you
against any liabilities which may arise out of or in connection with the
performance of your obligations to Workers during an Assignment and such
insurance should cover the holding of the Training Course as well as the guests
who attend, our staff and all operators and contractors and other personnel
working at the Training Course.
5.5. You acknowledge and agree that you must satisfy yourself that Trainers
provided by us pursuant to an Assignment are suitable, trained and able to safely
operate any equipment required within the scope of the Training they are to
provide, prior to the commencement of the Training Course.
5.6. If you decide a Trainer is not suitable for a Training Course you must inform
us within the first three hours of the Training Course, stating why the person is
deemed to be unsatisfactory and we will use our reasonable endeavours to
provide a replacement Trainer. We cannot guarantee that we will be able to
provide a replacement Trainer and accept no liability for failing to do so.
5.7. You agree to comprehensively insure any equipment used by a Trainer in the
course of providing you with a Training Course and to ensure that such
equipment has been serviced and or inspected and does not breach any statute,
law or regulation.
5.8. You acknowledge that Trainers may refuse to train any person
attending a Training Course, if in their opinion that the individual is abusive,
Racist , behaving in an inappropriate manner or Drunk.
5.9. You will to indemnify us and keep us indemnified against any loses, claims,
demands, actions, proceedings, damages and other costs arising out of your
failure to comply with your obligations in these terms and conditions and/or
pursuant to an Assignment and for any liability incurred by us arising from your
acts or omissions.
6. Limitation of Liability
6.1. We are not seeking to limit or exclude our liability for death or personal injury
resulting from our negligence where it is not lawful to do so but in every other
circumstance whether in contract, tort (including negligence), misrepresentation
(unless fraudulent), strict liability or other liability, including liability for the acts or
defaults of our employees, agents, contractors or the Trainers our maximum
liability to you will not exceed the Minimum Fee for each Assignment performed in
the three months prior to the event causing such liability.
7. Miscellaneous
7.1 We will not be held liable or be deemed to be in breach of these conditions by
reason of any delay in performing or failure to perform any of our obligations
hereunder if the delay or failure is due to any cause beyond our reasonable
control which may include without limitation an act of God, national emergency,
disruption by other hostilities, prohibitive Government regulations, substantial
inclement weather, police advice, ill health or any other cause beyond our
reasonable control rendering performance by us impossible, impracticable or
otherwise such that the Training course or the assignment cannot reasonably be
expected to take place.
7.2 Neither party may assign any rights or liabilities under these terms and
conditions without the prior written consent of the other party, such consent not to
be unreasonably withheld or delayed.7.3 Nothing in these terms and conditions is intended to infer on any third party
any benefit or the right to enforce any term of the agreement.
7.4 If any provision of these terms and conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the validity of the other
provisions and the remainder of the provisions in question will not be affected.
7.5 Nothing in these terms and conditions will create, or be deemed to create, a
partnership or a relationship of employer and employee or agent and principal
between the parties.
7.6 These terms and conditions together with each Assignment constitute the
entire agreement between the parties and supersede any previous arrangements
and agreements relating to the same subject matter.
7.7 These terms and conditions prevail over your standard conditions, any
conditions customary in the trade and conditions, which may have been
previously applied between the parties. For the avoidance of doubt the provision
set out in an Assignment are in addition to and, where relevant, supersede the
provisions of these terms and conditions.
7.8 Any waiver, substitution, modification or addition to this contract must be
expressly agreed in writing by the parties
7.9 These terms and conditions and each Assignment will be governed by the
laws of England
