1.1 The definitions and rules of interpretation in this Condition apply in these terms and conditions:
1.2 The definitions and rules of interpretation in this Condition apply in these terms and conditions:
Conditions means these terms and conditions;
Customer is the person, firm or company who purchases Services from the Supplier;
Intellectual Property Rights all 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, rights in designs, 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;
Price means the price of the Services
Services the services to be provided by the Supplier as set out in the Quotation
Supplier eLearning For You Limited t/a Affinity Training (Company No 07280241) whose registered office is at 37 Commercial Road, Poole, Dorset BH14 0HU
Training all documents, information and materials provided by the Supplier relating to the Services;
Quotation means the quotation provided to the Customer by the Supplier specifying the detailed Services and the Price;
VAT value added tax chargeable under English law for the time being and any similar additional tax.
2. Application of condition
2.1 These Conditions shall apply to and be incorporated into the contract between us, the Supplier, and prevail over any inconsistent terms or conditions contained, or referred to, in the Customer’s purchase order, confirmation of order, acceptance of a Quotation, or implied by law, trade custom, practice or course of dealing.
2.2 The Customer’s purchase order, or the Customer’s acceptance of a Quotation from the Supplier, constitutes an offer by the Customer to purchase the Services specified in it on these Conditions. No offer placed by the Customer shall be accepted by the Supplier other than by a written acknowledgement issued and executed by the Supplier or (if earlier) by the Supplier starting to provide the Services, when a contract for the supply and purchase of those Services on these Conditions will be established. The Customer’s standard terms and conditions (if any) attached to, enclosed with or referred to in any purchase order or other document shall not govern the contract.
2.3 Quotations are given by the Supplier on the basis that no contract shall come into existence except in accordance with condition 2.2. Any Quotation is valid for a period of 30 days from its date, provided that the Supplier has not previously withdrawn it.
3. Commencement and duration
3.1 The Services supplied under the contract shall be provided by the Supplier to the Customer from the date of the contract.
3.2 The contract shall continue until the end date specified in the Quotation or until all of the Services specified in the Quotation have been performed unless the contract is terminated in accordance with Condition 11.
4. Supplier’s obligations
4.1 Subject to receipt in cleared funds of the Price where the Supplier has invoiced the Customer in advance of providing the Services, the Supplier shall use reasonable endeavours to provide the Services and the Training Materials to the Customer at the Customer’s premises or such other venue as specified in the Quotation.
4.2 The Supplier shall use reasonable endeavours to meet any performance dates specified in the Quotation, but any such dates shall be estimates only and time shall not be of the essence of the contract.
4.3 The Supplier shall use all reasonable endeavours to observe all health and safety rules and regulations and any other reasonable security requirements that apply at any of the Customer’s premises and that have been communicated to it under condition 5.1.4, provided that it shall not be liable under the contract if, as a result of such observation, it is in breach of any of its obligations under the contract.
5. Customer’s obligations
5.1 The Customer shall:
5.1.1 co-operate with the Supplier in all matters relating to the Services;
5.1.2 provide, for the Supplier, its agents, sub-contractors and employees, in a timely manner and at no charge, access to the Customer’s premises, office accommodation, and other facilities as requested by the Supplier;
5.1.3 provide, in a timely manner, such information as the Supplier may request and ensure that it is accurate in all material respects;
5.1.4 inform the Supplier of all health and safety rules and regulations and any other reasonable security requirements that apply at any of the Customer’s premises;
5.1.5 obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services, insofar as such licences, consents and legislation relate to the Customer’s business, premises, staff and equipment in all cases before the date on which the Services are to start.