Terms & Conditions

2.3 A substitute delegate may be provided at no cost. 2.4 Notification of any cancellation or transfer must be made in writing to the Training Coordinator at MTST Ltd, MTST Ltd, Acre Street, Chadderton, OL9 7LU or via email: info@morethantraining.co.uk 2.5 MTST Ltd reserve the right to cancel, alter or rearrange courses without liability and as they deem necessary. In such an event, attendees will be offered alternative courses or a full refund. 2.5 Any transfers when the date is still to be confirmed will only stay valid for 6 months from the date of the transfer, after 6 months the booking will be cancelled and will be fully payable unless otherwise agreed. DELEGATES Delegates shall act reasonably throughout the training. MTST Ltd may remove a delegate from a course, where, in the opinion of the instructor, which shall be final, the Delegate is behaving unreasonably. CHARGES AND PAYMENT 3.1 The Charges for the Training Services which are subject to a Booking Form shall be due upon booking and shall be paid within 30 days of being invoiced (unless otherwise agreed). 3.1.1 In the event of a transfer from one course to another the original course date will still serve as the date for payment as per clause 3.1. 3.2 The Client shall pay the Charges without deduction or set-off. 3.3 Sums due under this Agreement are exclusive of VAT which shall be payable by the Client. 3.4 In the event the Client fails to make payment in accordance with this Agreement, MTST Ltd may:- 3.4.1 charge interest at the statutory interest rate specific in the Late Payment of Commercial Debt (interest) Act 1998; and/or 3.4.2 Suspend supply of the Training Services by notice in writing until such time that full payment is received (unless otherwise agreed). 3.4.3 Delay the release of certificates. 3.4.4 Please note that when an individual invoice becomes overdue then it automatically defaults that the whole account becomes due for payment. 3.4.5 In the event MTST Ltd seek legal advice to recover any debt, all legal fees will be chargeable to the client. RESITS 3.5 Re-sits are available to delegates who do not pass examinations first time but a re-sit fee will be charged in line with the accrediting body. LIABILITY AND ITS EXCLUSION AND LIMITATION 4.1 The Charges are determined on the basis of the limits and liability set out in these terms and conditions. The Client may, by written notice to MTST Ltd, request MTST Ltd to propose a higher limit of liability subject to an increase in the charge. 4.2 In no event shall MTST Ltd be liable for (whether direct or indirect) any loss of contracts, profits, anticipated savings, revenue, goodwill, business loss and corruption of data or software programs, financing expenses, interruption in the use or availability of data, stoppage to other work or consequential losses, nor for any indirect losses. 4.3 Subject to Clause 6.4, MTST Ltd liability shall not exceed charges. 4.4 MTST Ltd and the Client shall indemnify each other against damage to tangible property whether personal or real, and death or injury to persons to extent caused by the negligence of the other party provided that: 4.4.1 The other party is immediately notified of any claim and has full power to negotiate and settle any claims. 4.4.2 The total liability of each party to the other for damage to tangible property, whether personal or real, shall be limited to £2,000,000 in respect of each event or connected series of events and an annual aggregate of £5,000,000. 4.5 Each provision of this Clause shall survive independently. 4.6 Nothing in this Agreement shall operate to limit or exclude any liability of MTST Ltd which may not be excluded and or limited by law. 4.7 Clause 6 shall apply before and after any termination of this Agreement. INSURANCE 5.1 In the case of In House Training, the parties shall carry public liability insurance for a minimum amount of £2,000,000 for each and every claim and shall provide evidence of this cover upon request. ADVERTISING 6.1 MTST Ltd may make reference to a Clients contract within any proposal to further Clients, provided only fundamental facts are divulged and not proprietary and confidential information. 6.2 MTST Ltd may store the names of the Delegates for the purpose of advising them of the availability of further courses in the future. DATA PROTECTION 7.1 The Client shall ensure that it has in place all necessary consents in connection with Personal Data to allow MTST Ltd at all times to perform the Training Services without infringing any third party rights. 7.2 MTST Ltd warrants to the Client that it will only use the Personal data for the purposes of carrying out its obligations hereunder and that it will ensure that all reasonable and appropriate security measures are in place to protect the Personal Data. Furthermore, MTST Ltd will destroy or deliver up the Personal Data upon written demands from the Client, and further, that it has in all respects complied with its obligations under the GDPR and any amendments to or re-enactments thereof. INTELLECTUAL PROPERTY 8.1 All intellectual property rights, including copyright, patents and design arising in connection with this Agreement and shall belong to and remain vested in MTST Ltd and the Client shall execute any document necessary for this purpose. HEALTH AND SAFETY 9.1 The parties shall comply with all applicable health and safety legislation and codes of practice. TERMINATION 10.1 Either party may terminate this Agreement by written notice: 10.1.1 if the other party makes any voluntary arrangement with its creditors or enters into administration (whether or not pursuant to a court order) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation or is deemed under Section123 of the Insolvency Act 1986 to be unable to pay its debts or is dissolved and / or 10.1.2 if the other party fails to remedy a material breach of the Agreement within 30 days of written notice identifying the breach and notifying of an intention to terminate; and / or 10.1.3 if an encumbrancer takes possession, or a received or administrative received is appointed, of any of the property or assets of the party; and / or 10.1.4 the other party threatens to cease to carry on business. ASSIGNMENT 11.1 This Agreement is personal to the Client and may not be assigned by the Client in whole or in part. FORCE MAJEURE 12.1 Neither party shall be responsible for any failure or delay in performance of its obligations under this Agreement(other than the obligation to make payments of money) due to any force majeure event including, Act of God, refusal of license (other than as a result of any act or omission of MTST Ltd) or other Government act, fire explosion, embargo, terrorism, civil disturbance, accident, epidemics, lightning damage, electromagnetic interference, radio interference, strikes industrial dispute, or any other cause beyond its reasonable control. NON-SOLICITATION 13.1 The Client shall not during the term of this Agreement and for 6 months thereafter, entice or solicit for employment with it or any other entity any Instructor who has been engaged to provide the Training Services. ENTIRE AGREEMENT 14.1 This Agreement sets out the entire agreement between the parties in relation to the subject matter hereof and supersedes all previous arrangements, agreements and representations whether written, oral or implied between the Client and MTST Ltd relating to the Training Services. AGREEMENT AMENDMENTS 15.1 Any amendments to this Agreement shall be in writing. EFFECTIVENESS 16.1 This Agreement shall be effective upon signature by the parties or by returning a booking a signed booking THIRD PARTIES 17.1 Third parties have no rights under the Contracts (Rights of Third Parties) Act 1999 or any amendment to or re-enactment of it to enforce any provision of this Agreement. LAW 18.1 This Agreement shall be construed in accordance with English law and the English courts shall have sole jurisdiction. MTST Ltd OFFERS 19.1 No offer or discount can be used in conjunction with another offer or discount, unless stated otherwise CITB FAIR PROCESSING NOTICE 20.1 The information you provide to the CITB Approved Training Organisation, MTST Ltd, will be used for administering Training Courses and for purposes connected with the Construction Industry Training Board’s (“CITB”) role as an Industrial Training Board in accordance with the Industrial Training Act 1982. Your data will be held securely and treated confidentially and will not be disclosed to external parties other than as required for the purposes described above. This may include sharing your information on the CITB Construction Training Register as well as with employers, awarding organisations, competency card schemes or training providers. Further information, including your legal rights and how your information may be used, can be found by: • viewing the CITB Privacy Notice online at citb.co.uk/privacy; • asking the Approved Training Organisation for information about how they manage your personal data.