TERMS AND CONDITIONS
In this document the following words shall have the following meanings:
- “Agreement” means these Terms and Conditions together with the terms of any applicable Specification Document.
- “Company” means TRILENGO CONSULTING LIMITED, a Company constituted as a Limited Company registered in
England and Wales with Company Number 09728866 and whose registered office is situate at 1 Airport West,
Lancaster Way, Yeadon, Leeds, LS19 7ZA
- “Client” means the organisation or person who purchases products/services from the Company.
- “Delegate” means the person who derives the benefit of the products/services from the Company whether as Client or
- “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable.
- “Specification Document” means a statement, quotation or other similar document describing the products/services to be provided by the Company
- These Terms & Conditions shall apply to all contracts for the sale and supply of products/services by the Company to the Client. By registering to be a consumer of the Company’s products/services, the Client/Delegate agrees to the following Agreement and that these prevail over any inconsistent terms and conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.
- The Company agrees to work with Clients in good faith, ensuring that it will only carry out work within its capability and training. Clients/Delegates accept that they procure/take part in services on the basis that they need to be willing participants in activities and that they play a major role in the outcomes. If a Client/Delegate is not susceptible to this kind of work nor embark upon it with a positive mindset, this is not the responsibility of the Company.
- The Agreement between the parties comes into force upon the Company e-mailing the Client/Delegate to confirm the Company’s acceptance of the Client’s registration form for the products/services to be purchased and shall continue until terminated in accordance with this Agreement.
- The Company takes reasonable steps to protect the integrity of its computer systems by screening for viruses on email sent or received and expects Clients to do likewise for their computer systems.
- The Company is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees. If a Client has any reasonable special requirement in this regard, they should should let the Company know.
- Office hours are between 09.00 and 18.00, Monday to Friday, except bank holidays. There is no out of office or emergency service to clients except to PTSD clients. The Company aims to respond to all e-mails within 24 hours.
- PRICES, PAYMENT and REFUNDS
- Where discounts, early booking prices and promotional offers are available, these are time-limited after which time the products/services will be available at the normal price. No refunds of fee differences are available.
- Corporate bookings: when training is delivered in-house to a corporate client, the Company will invoice the Client 14 days in advance of the course with a settlement date of 28 days from the date of invoice. The Company is entitled to charge interest on overdue and unpaid invoices under the Late Payment of Commercial Debts (Interest) Act 1998 plus a fixed sum under the said Act as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002; and
- Individual bookings: settlement of invoices must be made within 5 days of booking unless a payment plan has been agreed with the Company.
- If a booking is cancelled and the Client decides not to commute the booking to another date, a full refund can be claimed by the Client as long as that cancellation is made in writing to the Company not less than 28 days before the date of service provision. If cancelled within 21-28 days, the refund shall be 75% and if cancelled within 14-21 days, the refund shall be 50% with no refund available in the event of cancellations within 14 days. In the event of commutation, the parties shall use best endeavours to procure a convenient/suitable date as soon as possible.
- Any refunds due will be credited to the same credit card or bank account as that of the original payment and shall be made on the 1st working day of the following month.
- Attendance for training/1-2-1 sessions will only be secured when full payment has been received unless a payment plan has been agreed with the Company in which case payments must be made in accordance with the terms agreed.
- All downloadable products purchased from the Company’s website are considered to be information products and the Company does not offer any refund or cancellation thereon.
- The Company does not accept payments in cash of over £1,000.00 regardless of whether the payment is to settle a bill or to pay money on account of fees.
- Please note that due to the varied methods used by online fraudsters, the Company will not, at any time, offer its bank account details by email. The Company’s bankers routinely advise their clients that, on occasion, criminals will attempt to hack emails to change the bank details in those emails so as to divert funds to their account. Clients are advised to call the Company before sending an online payment or via its bank to check that they have the correct details for the Company’s bank account.
- CLIENT’S OBLIGATIONS
- To enable the Company to perform its obligations under this Agreement, the Client shall:
4.1.1 Cooperate with the Company
4.1.2 Provide the Company with any information reasonably required that is useful for the training/coaching sessions.
4.2 Should the Client commit or omit anything which prevents or delays the Company from undertaking or complying with
any of its obligations under this Agreement, then the Company shall be able to make a claim against the Client for any
losses sustained as a result.
- Where the Client provides the Company with computer network addresses for sending material to, it will
assume, unless the Client tells it otherwise, that its arrangements are sufficiently secure and confidential to protect its interests.
- COMPANY’S OBLIGATIONS
- The Company warrants to the Client that the products/services purchased from it are of satisfactory quality and are
reasonably fit for the purpose for which they were supplied.
- Other than as set out in paragraph 5.1 above, all warranties and representations are excluded to the fullest extent
permitted by law. Due to the nature of training/coaching and that a Client’s success is dependent upon a number of factors over which the Company has no control, the Company does not guarantee any particular results.
- The Company will endeavour to ensure that all information that it provides is accurate and up-to-date but it shall not
be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise. The
Company acknowledges that in the course of provision of its products/services to the Client that it will have
access to the Client’s confidential information and it hereby expressly agrees not to (except in the proper
course of its duties) use or disclose to any third party such confidential information. This restriction does
not apply to: (a) any use or disclosure authorised by the Client or required by law; (b) any disclosure or use
which the Company in its absolute discretion consider necessary or advisable in order to prevent illegal
acts or harm to the Client or to others; or (c) any information which is already in, or comes into, the public
domain otherwise than through the Company’s unauthorised disclosure.
- DELIVERY AND PROGRAMME INFORMATION
- Mail order product delivery times specified by the Company are an estimate only. Such products may be in the form of CDs, DVDs, Course Manual etc… and any photographs of the products on the Company’s website are for illustration purposes only. Any time for delivery shall not be the essence of the contract and the Company shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in delivery of the product. Delivery charges are as set out on the website from time to time.
- Delivery will be completed when the products are successfully delivered to the Client/Delegate at the address given by them at the time of order and responsibility for the products shall be theirs from that point. If no-one is available at the address to take delivery, in the absence of instructions from the Client/Delegate, a note will be left that delivery was attempted and explaining how delivery can be re-effected. Return delivery will be at the Client’s expense.
- Training/coaching sessions are provided over the course specified on the sales page and can be delivered by a combination of online sessions, telephone sessions, video call sessions, 1-2-1 sessions, group video or call sessions, or as a downloadable product as detailed on the website.
- Some Company training and programmes are recorded via audio and video and the Company reserves the right to use this material for marketing.
- Individual sessions are payable either at the Company’s specified package rate or hourly rate to suit the Individual at a time and place convenient to the Client.
- If the Client needs to cancel and reschedule a session, they must provide as much notice as possible either by e-mail or phone and the Company will endeavour to reschedule to suit. However, if the Client provides the Company with less than 24 hours’ notice (or less than 48 hours’ notice for London appointments and those outside the South-West) then the Company may not be able to reschedule the session and will not be obliged to refund the Client any amounts paid in respect of such a session.
- If the Client arrives late for a 1-2-1 session, the Company will try to extend the time but if this is not possible, the session will end at the scheduled time and the Company will not be obliged to refund the Client any amounts paid in respect of such a session. This applies equally to an individual telephone call.
- Group telephone sessions shall start and end at the scheduled times regardless of when the Client joins in.
- Clients/Delegates are responsible for their own belongings that they take to any session (individual or otherwise) and the Company will not be liable for any loss, damage, theft or destruction of the Client’s/Delegate’s belongings.
- For the avoidance of doubt, no description, specification or illustration contained in any product, pamphlet or other
sales or marketing literature of the Company, and no representation written or oral, correspondence or statement shall
form part of the contract.
- It may be necessary for reasons beyond the control of the Company to change the venue, dates and/or trainers and in such case the Client will receive written or electronic notification with sufficient notice.
- The Company are not liable for any additional travel and accommodation costs the Client or Delegate may incur as a result of any such changes.
- LIMITATION OF LIABILITY
- Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the
Company to the Client or Delegate in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Client to which the claim relates
- In no event shall the Company be liable to the Client or Delegate for any loss of business, loss of opportunity or loss of
profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Company had been made aware of the possibility of the Client/Delegate incurring such a loss.
- Nothing in these Terms & Conditions shall exclude or limit the Company’s liability for death or personal injury resulting
from the Company’s negligence or that of its agents, employees or sub-contractors.
- INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
- All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Company, and the Client/Delegate shall do all that is reasonably necessary to ensure that such rights vest in the Company by the execution of appropriate instruments or the making of agreements with third parties. Nothing in this Agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the products and/or services or the contents thereof to the Client, Delegate or to any other person.
- Each Client/Delegate is presented with course materials and training notes for personal use and such are the copyright of the Company unless otherwise stated. The Client/Delegate agrees not to make copies of such materials other than one paper copy for personal use and shall not at any time reproduce, publish in any form, share, sell dispose of or otherwise make available to a third party in any way any of the content/materials contained in the products/ services.
- The Company grants to the Client a limited, non-exclusive, non-transferable, non-sublicensable revocable licence to use all or any of the content of the products/services for the purposes for which they were provided only.
- Except as set out in paragraph 9.3, the Client/Delegate may not use any of the Company’s intellectual property rights at any time except where duly licensed and use of the Company’s logo is strictly prohibited without the Company’s prior written consent.
- The Client/Delegate may not without the Company’s prior written consent make any audio or visual recordings of any part of the Company’s products/services.
- The Company may from time to time record the service being delivered during the Client’s/Delegate’s attendance and they authorise the Company to use their image and voice in any such recordings without payment, other condition or need for further consent.
- The Client acknowledges that certain information contained in the products/services are already in the public domain.
- The Client/Delegate is not permitted to sell or promote products/services to other Clients of the Company at or during any part of delivery of the Company’s products/services without its prior written consent.
- The provisions of this paragraph 9 shall survive termination of the Agreement.
- INDEPENDENT CONTRACTORS
- The Company may, in addition to its own employees, engage sub-contractors to provide all or part of the services
being provided to the Client/Delegate and such engagement shall not relieve the Company of its obligations under this
Agreement or any applicable Specification Document.
- The Client shall not be entitled to assign their rights or obligations or delegate their duties under this Agreement
without the prior written consent of the Company.
- Any notice to be given by either party to the other may be served by e-mail, personal service or by post, to the
address of the other party given by either party to the other. If sent by e-mail such shall be deemed to be received on
the date sent, if given by letter it shall be deemed to have been served at the time of personal delivery or if sent by
post, it shall be deemed to have been delivered in the ordinary course of postal services.
- The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions
herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of
- ENTIRE AGREEMENT
- This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
- TERM AND TERMINATION
The15.1 The Agreement shall continue until the end of delivery of the products/services when it shall expire other
than for the Terms that are specifically stated to remain in force.
15.2 Notwithstanding the provisions of paragraph 15.1 or 15.2, either party may terminate the Agreement on
written notice to the other with immediate effect if at any time the other commits any serious or repeated
breach or non-observance of any of the provisions of these Terms; or the other acts in any manner which in
the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is
materially adverse to the interests of the terminating party.
15.3 On or before the date of termination of the Agreement, the Client shall immediately pay any unpaid fees or
other sums payable under these Terms (which for the avoidance of doubt shall include any remaining
instalments regardless of the point at which the Agreement is terminated).
15.4. Termination of this agreement shall not affect either of the parties’ accrued rights, remedies, obligations
and liabilities of either of them as at the date of termination of this Contract, including the right to claim
damages in respect of any breach of the Agreement which existed at or before the date of termination.
15.5. Any delay by the Company in exercising its right to terminate the Agreement shall not constitute a waiver
of its right to terminate or to seek any other remedy.
15.6. Paragraphs which expressly or by implication have effect after termination of the Agreement Contract
shall continue in full force and effect after the date of termination of the Agreement.
15.7. This paragraph 8 shall survive termination of the Agreement.
15.8. Where the Agreement expires, this shall be treated as a termination for the purposes of paragraph 8.7 and
all other paragraphs that refer to ‘termination’.
- THIRD PARTY RIGHTS
- Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
- GOVERNING LAW AND JURISDICTION
- This Agreement shall be governed by and construed in accordance with the law in England & Wales and the parties
hereby submit to the exclusive jurisdiction of the Courts in England & Wales.