TERMS AND CONDITIONS

These Terms & Conditions apply to the provision of any training course by KB Training& Security Services Ltd and to the sale of Training Courses or Goods through e-commerce – online sales.

The contract between KB Training and Security Services Ltd and the client shall comprise these terms and conditions and the Fee Payment Schedule. Registration by the Customer on any training course provided by KB security training academy constitutes acceptance of these Terms & Conditions

1.    Interpretation

1.1  In these Terms & Conditions, the following definitions apply:

Booking: the booking for the provision of the Training Course by us, made by the Customer either via our website, via telephone or otherwise.

Conditions: These terms and conditions, incorporating the Fee Payment Schedule as amended from time to time in accordance with clause 19.8.

Contract: the contract between the Company and the Customer for the provision of the Training Course in accordance with these Conditions.

Customer: the person(s), firm, or public body who instructs the Company to carry out the Services or supply the Goods.

Delivery: Has the meaning set out at clause 4.

Fees: any and all fees charged by the Company in consideration of providing any Training Course.

Fee Payment Schedule: means a summary of the principal terms signed by the client, which, together with these terms and conditions shall form the Contract between the Company and the Customer.

Goods: the goods (or any part of them) have the meaning set out at clause 3.

Goods Specification: any specification for the Goods, including any relevant plans or drawings, which are agreed in writing by the Customer or us.

Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Order: the order for the supply of Goods and/or services as set out in Schedule 1, or in the Customer purchase order form or the Customer written acceptance of our quotation as the case may be.

Services: the training course provided by the Company to the Customer as set out in the Fee Payment Schedule.

Training Course: the training course provided by the Company to the Customer as agreed in writing.

Website: the website owned and operated by the Company and located at http://www.kbsecuritytraining.co.uk

2.    Basis of contract

2.1    The Order constitutes an offer by the Customer to purchase Goods and Training Courses from the Company in accordance with these Conditions.

2.2   Any Booking shall only be deemed to be accepted when we issue written acceptance to the Customer at which point and on which date the Contract shall come into existence.

2.3   Such written acceptance shall include the following information:

(a)   The Company’s name and address;

(b)   A description of the main characteristics of the Training Course and any specific requirements the Customer may need in order to attend the Training Course;

(c)   Details of any Fees including all taxes;

(d)   Details of how to pay any Fees (unless the Customer has prepaid via our website or by telephone);

(e)   Details of how the Customer may cancel the Booking.

2.4   The details of the Order, including but not restricted to the commencement, quotation and payment terms shall be set out in the Fee Payment Schedule.

2.5   Where Goods are purchased via the online store or directly from our premises, the contract shall come into existence upon receipt of the Goods.

2.6   The Contract shall expire following either:

(a)   Payment of any charges by the Customer pursuant to clause 7 and the subsequent provision of the Training Course by Us; and/or

(b)   14 days following Delivery of the Goods.

2.7    The Contract constitutes the entire agreement between the Customer and the Company. The Customer acknowledges that the Customer has not relied on any statement, promise or representation made or given by the Company or on our behalf which is not set out in the Contract.

2.8    Any descriptive matter or advertising issued by the Company and any descriptions of the Training Course or Goods contained in our catalogues, brochures or on the our website are issued or published for the sole purpose of giving an approximate idea of the Training Course or Goods described in them. They shall not form part of the Contract or have any contractual force.

2.9    These Conditions apply to the Contract to the exclusion of any other terms that the Customer may to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.10  Any quotation given by the Company shall not constitute an offer, and is only valid for a period of 30 Business Days from its date of issue.

2.11   All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.

3.    Goods and Quality of Goods

3.1     The Goods are described the Company’s website shop as modified from time to time.

3.2    The Company warrants that on delivery, and for a period of 12 months from the date of delivery the Goods shall:

                    (a)   Conform in all material respects with their description;

(b)   Be free from material defects in design, material and workmanship; and

(c)   Be fit for any purpose held out by the Company.

3.3    Subject to clause 3.4, if:

 (a)  The Customer gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 3.1;

 (b)  The Company is given a reasonable opportunity of examining such Goods; and

 (c)  The Customer (if asked to do so by the Company) returns such Goods to the Company’s place of business at the Customer’s cost, the Company shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

3.4   The Company shall not be liable for the Goods’ failure to comply with the warranty in clause 3.2, if:

(a)   The Customer makes any further use of such Goods after giving a notice in accordance with clause 3.3(a);

(b)   The defect arises because the Customer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;

(c)   The defect arises as a result of the Company following any drawing, design or Goods Specification supplied by the Customer;

(d)   The Customer alters or repairs such Goods without the written consent of the Company;

(e)   The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;

(f)   The Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.

3.5   Except as provided in this clause 3, the Company shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 3.1.

3.6   The terms of these Conditions shall apply to any repaired or replacement Goods supplied by the Company under clause 3.3.

4.    Delivery of Goods

4.1   The Company shall ensure that:

(a)   Each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and

(b)   If the Company requires the Customer to return any packaging material to us, that fact is clearly stated on the delivery note. The Company shall make any such packaging materials available for collection at such times as we shall reasonably request. Returns of packaging materials shall be at our expense.

4.2   The Company shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after we notify the Customer that the Goods are ready subject to the following restrictions:

(a)   The Company will only deliver to UK mainland addresses. Those who want delivery to addresses for outside of this area should contact the Company for a quote on postage to other regions.

(b)   The Company will only deliver to addresses provided by PayPal, it will be necessary for the Customer to ensure that the delivery address that is required is entered into PayPal before purchase.

4.3   Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location.

4.4   Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence of the contract. We shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

4.5   If the Company fails to deliver the Goods, our liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Company shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event, the Customer’s failure to provide us with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.

4.6  If the Customer fails to accept or take delivery of the Goods within 5 Business Days of us notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by our failure to comply with its obligations under the Contract in respect of the Goods:

(a)   Delivery of the Goods shall be deemed to have been completed at 9.00 am on the 5 Business Day following the day on which we notified the Customer that the Goods were ready; and

(b)   The company shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

4.7    If 5 Business Days after the Company notified the Customer that the Goods were ready for delivery the Customer have not accepted delivery of them, the Company may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.

4.8    The Customer shall not be entitled to reject the Goods if the Company delivers up to and including 5per cent more or less than the quantity of Goods ordered, but a pro-rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Goods was delivered.

4.9    All deliveries are sent via Royal Mail unless another option is presented or selected.

4.10  The Company aims to process and dispatch all orders within 2 working days.

4.11   If an item is out of stock the Company will inform the Customer within 1 working day.

4.12   In the event of the cancellation of an order, contact should be made by email. In the event that the item has not been processed or dispatched a refund will be considered.

4.13   The Company will not respond to queries regarding lost or misplaced deliveries unless the Customer have waited for the 10 day period stipulated by Royal Mail before contacting us.

5.    Title and risk

5.1   The risk in the Goods shall pass to the Customer on completion of delivery.

5.2  Title to the Goods shall not pass to the Customer until the earlier of:

(a)   The Company receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Company has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums; and

(b)   The Customer resells the Goods, in which case title to the Goods shall pass to the Customer at the time specified in clause 5.4.

5.3    Until title to the Goods has passed to the Customer, the Customer shall:

(a)   Store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Company’s property;

(b)   Not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;

(c)   Maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on the Company’s behalf from the date of delivery;

(d)   Notify the Company immediately if it becomes subject to any of the events listed in clause 10.2(b) to clause 10.2(m); and

(e)   Give the Company such information relating to the Goods as the Company may require from time to time.

5.4   Subject to clause 5.5, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Company receives payment for the Goods. However, if the Customer resells the Goods before that time:

(a)   It does so as principal and not as the Company’s agent; and

(b)   Title to the Goods shall pass from the Company to the Customer immediately before the time at which resale by the Customer occurs.

5.5   If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 10.2(b) to clause 10.2(m), then, without limiting any other right or remedy the Company may have:

(a)   The Customer’s right to resell Goods or use them in the ordinary course of its business ceases immediately; and

(b)   The Company may at any time:

(i)   Require the Customer to deliver up all Goods in its possession which have not been resold, or irrevocably incorporated into another product; and

(ii)  If the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.

6.    Provision of Training Course

6.1   In consideration of the Customer fulfilling its obligations hereunder the Company shall provide the Training Course to the Customer using reasonable care and skill and shall comply with the requirements of all legislation in force from time to time including, without limitation, the Data Protection Act 1998.

6.2   The Company shall have the right to make any changes to the Training Course which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Training Course, and the Company shall notify the Customer in any such event.

6.3   The Company reserves the right to refuse any Booking should the maximum number for each Training Course be exceeded.

6.4   The Company reserves the right, at its absolute discretion, to remove or refuse the Customer’s attendance on any Training Course should the Customer prove unsuitable, or fail to meet the code of conduct for all delegates.

6.5   The Company reserves the right to refuse the Customer’s attendance on any Training Course in the event that the Customer has not paid the Fees due 7 days prior to the commencement of the Training Course, or immediately, if the Booking takes place less than 7 days prior to its commencement.

6.6   The Company shall provide the Customer with confirmation of attendance and Training Course details by email, unless otherwise agreed.

7.    Customer obligations

7.1    The Customer shall:

(a)   Ensure that the terms of the Booking are complete and accurate;

(b)   Co-operate with the Company in all matters relating to the Training Course;

(c)   Provide the Company with such information as it may reasonably require in the provision of the Training Course, and ensure that such information is accurate in all respects;

(d)   Pay the Fees due at the time of the Booking or, where agreed by the Company, up to 7 days prior to attending any Training Course.

7.2    If the Company’s performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

(a)   The Company shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations;

(b)   The Company shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Company’s failure or delay to perform any of its obligations as set out in this clause 7.2; and

(c)   The Customer shall reimburse the Company on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

8.    Charges and payment

8.1    The Customer is liable for payment of the whole fee at the time of the Booking unless the Company receives written notification of cancellation or transfer, pursuant to clause 10. For costs of re-certification refer to clause 13.3

8.2   The Company requires payment of fees in full at the time of the Booking, unless otherwise agreed, by credit card, online payment, cash or cheque made payable to KB security training academy.

8.3   Without limiting its other rights or remedies, the Company shall have the right to suspend the provision of the Training Course if the Customer fails to pay any amount due under this Contract on the Due Date and any payment received to date shall become non-refundable.

8.4   At any point and without notice, the Company reserves the right to change the payment terms and conditions under the Contract.

8.5   Failure to act upon these terms and conditions could result in legal proceedings being taken against the Customer. All costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by us in enforcing this agreement as a result of any default by the Customer shall be added to the total then outstanding and will immediately be paid by the Customer.

8.6   All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services or Goods at the same time as payment is due for the supply of the Services or Goods.

8.7    If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above The Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.

8.8   The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding except as required by law. The Supplier may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.

9.    Right to cancel or transfer

9.1    The Company reserves the right to change advertised details of training events as deemed necessary. If the Company has to cancel a course, the Customer will be informed at least 14 days before commencement of the Training Course. The Company will reimburse all Training Course fees paid, but is unable to compensate the Customer for any other costs incurred, such as flights and accommodation.

9.2   If the Company has to change the dates of a course, the Customer may request a full refund if the new dates are not within 14 days of the original course dates.

9.3   If the Customer cancels a Booking within days of the commencement date of the Training Course, the Company may at its absolute discretion agree to find a replacement Booking. In the event that the Company successfully finds a replacement and subject to clause 8.6 below Booking the Customer may not be charged.

If the Customer has made a Booking online via the Company’s website or by telephone and has paid any Fees at the time of the Booking, the Customer may cancel the Booking as detailed in clause 8.10 where such periods begin the day after receipt by the Customer of the Company’s written acceptance pursuant to clause 2.2 of these Conditions.

Cancellation charges will apply subject to when the Company receives the written cancellation notice:

9.4   If cancelled at any time before 28 days of the course commencing, the Customer will be refunded in full if an alternative arrangement cannot be found as detailed in clause 10.7.

9.5   If cancelled between 14 and 28 days before the course start date, The Company will refund 90% of the total course fees (subject to a minimum charge of £30 + VAT) or credit 90% of the total course fee to another course. If the fee is unpaid in full at the time of cancellation, the Customer will pay 20% of the total course fee due (or £30 + VAT whichever is the greater).

9.6  In the event that the Customer makes a Booking less than 7 working days prior to the commencement of the Training Course, the Customer will pay in full at the time of the Booking. The Company reserves the right not to refund the fee in full, in the event that the Customer place cannot be filled prior to the commencement of the course. In the event that the Customer place can be filled, the Customer will pay a cancellation fee of 20% of the total course fee due (or £50 whichever is the greater).

The Customer may transfer the Customer booking to another course if circumstances change, subject to the following rules:

(a)   For transfer requests received between 14 and 28 days before the course start date, we will transfer the booking for an administration fee of 10% of the total course fees or £30 (whichever is greater). A subsequent cancellation of the transferred Booking will attract a minimum charge of 50% of the total course fees.

(b)   For transfer requests received less than 7 and 14 days before the course start date, if we are unable to fill the place made vacant, and where possible, we shall transfer the booking for an administration fee of 50% of the total course fee. We will reduce the transfer fee to 10% of the total course fee or £30 (whichever is greater) if we are able to fill the vacant space. A subsequent cancellation of the transferred booking will attract a minimum charge of 75% of the total course fees.

(c)   For a later transfer request of less than 7 days before the course start date if we are unable to fill the place made vacant, and where possible, we shall transfer the booking for an administration fee of 75% of the total course fee. The Company will reduce the transfer fee to 20% of the total course fee or £50 + VAT (whichever is greater) if the Company is able to fill the vacant space. A subsequent cancellation of the transferred booking will attract a minimum charge of 100% of the total course fees.

9.7   Any cancellation or transfer requests under these Conditions shall be in writing and sent to the Company:

(a)   By email to us or directly to the individual taking the Customer booking.