The Terms and Conditions of trade of Training Event Safety Solutions Limited and its operating brand The Tess Group (hereafter called the Company) are contained herein. Quotations are made and orders accepted subject to these Terms and Conditions. If any document placing an order on the Company includes or refers to other terms or conditions of contract then these shall not apply unless agreed in writing by the Company. No addition to or variation of these conditions will bind the Company unless it is specifically agreed in writing signed by a Director, the Secretary or Manager of the Company.
These terms and conditions will form the basis of all contracts with the Company, unless otherwise specified in writing by the Company.
All reservations should be confirmed by the client to the Company in writing, and accompanied by an official purchase order or purchase order number.
These Terms and conditions are correct at the date shown above but the Company Reserves the right to vary them without notice. An updated copy if applicable will be supplied to the Client.
2. TRAINING COURSES – DELEGATES’ REQUIREMENTS
Where the training being provided is other than theoretical, delegates must provide their own equipment as per the pre-requisites for the course. Hardwearing work clothing is most appropriate for confined space, NRSWA, plant training, etc.
Delegates must be physically fit to withstand the rigours of training. If there are any doubts relating to the fitness of delegates to undertake training, reference should be made to a G.P. The onus is entirely with the delegate to ensure his or her fitness to undergo training and the Company can not and will not accept any responsibility in this regard.
Equipment must not be removed from the training environment. Any damage caused by wilful misuse or misconduct will be invoiced to the client.
Certificates are awarded at the discretion of the trainer and only to those delegates who successfully complete the training. Certificates are NOT issued purely for attendance unless otherwise agreed prior to the course being carried out and in which case the certificates will be worded accordingly.
Delegates are required to be punctual at all courses and sessions.
Consumption of alcohol is not permitted during training, nor should it be consumed immediately prior to training. If there is any evidence of such trainers are obliged to refuse to train the delegates.
3. CLIENT SUPPLIED INFORMATION
Should any information or data supplied to the Company for the preparation of the quotation prove to be insufficient or inaccurate the Company reserves the right to amend the quotation to cover any cost difference.
Unless otherwise indicated written quotations remain firm for 30 days. The Company reserves the right to vary its standard prices, and its products and services which will be supplied at the Company’s prices applicable at the time of delivery.
Where prices are quoted to show the minimum number of delegates on a course
All prices are subject to Value Added Tax if applicable at the appropriate rate ruling from time to time
5. SETTLEMENT TERMS
For customers with approved credit accounts, unless otherwise specified in the quotation or other agreement, invoices for goods or services should be paid within 30 days from the date of invoice. The Company reserves the right to charge interest at the rate of 4% per annum over Lloyds TSB Bank base rate on the invoice price from the due date until the date the Company is in receipt of funds. The Client shall not be entitled to make any deduction from price in respect of any set-off or counterclaim.
Course fees for all public courses must be paid 14 days in advance of the start date. Payment may be made by Paypal at the time of booking or on receipt of invoice. Payment by other means can only be made in exceptional circumstances and with prior agreement.
The company reserves the right to re-allocate the course places to other delegates on the waiting list, if the fees are not paid on time.
6. HEALTH AND SAFETY
The Client shall use his best endeavours to ensure that any premises in which the Company’s employees servants or agents may have to work are safe and without risk for them. All known risks must be clearly identified and marked by the Client.
7. CANCELLATION AND POSTPONEMENT
The Company reserves the right to charge a cancellation fee in respect of courses already confirmed. Notice of all cancellations or transfers must be in writing and the following terms apply:
In Company Courses
- This version April 2015 Review date April 2016
- charge for any non attendees on courses unless prior notification is given and agreed in writing to defer
we reserve the right to all or part of the delegates course cost.
- Cancellation More than 10 working days prior to the course start date: No fees
- Cancellation Between 10-5 working days prior to course start date: 10% fee payable
- Cancellation 5 working or less prior to course start date: 25% fee payable
- If a postponement is mutually agreed at the time of cancellation then no fees will apply.
- If a course is postponed twice then 25% course fees will apply.
- If for any reasons beyond their control, The Company cancels a course without notice The Company will not be held liable for any costs incurred by the client as a result of such cancellations.
- Should it become necessary for The Company to postpone all or any part of a course, due to circumstances beyond their control, then a mutually agreeable date will be chosen on which to complete the course. The Company will not be liable for any costs incurred by the client for such actions.
- Cancellation 30 days or more prior to the course start date: No fees
- Cancellation 29-14 days prior to course start date: 10% Service Charge
- Cancellation 13 days or less prior to course start date: Full fee payable
- Delegates who fail to attend for any reason: Full fee payable
- Substitute delegates will be welcome at any time before the course start date with no penalty charge
9. COURSE CONTENT
The Company develop their training courses in line with the bespoke needs of the client and evolving best practices. Therefore The Company reserves the right to make changes to the advertised course content without prior notice. All course design and content remains the intellectual property of The Company.
10. APPLICABLE LAW
English law shall apply and any dispute shall be settled by English Courts. These terms and conditions do not affect any statutory rights available to the client.
The TESS Group welcomes all comments and suggestions about the services it provides and aims to resolve concerns informally and quickly at a local level. Any causes of concern should in the first instance be raised informally with either the Trainer/Assessor or Head of Operations. If it is not possible to satisfactorily resolve issues at this level, complainants should follow the TESS Group formal procedures for handling complaints – as specified below.
Purpose – The formal procedures are intended to ensure that all complaints are handled fairly, consistently and wherever possible resolved to the complainant’s satisfaction.
Scope – Learners, general public and external agencies (complainants may prefer matters to be raised on their behalf by their chosen representative, for example a friend, parent, guardian – this will need to be confirmed in writing).
Definition – The TESS Group has defined a complaint as “any expression of dissatisfaction that requires a response”. This definition will apply consistently across all functional areas. Complaints concerning assessment and accreditation are dealt with through appeals procedures set up with Awarding/Validating Bodies. Complaints from partners will be dealt with as appropriate under the relevant contract terms.
Responsibility of The TESS Group
The TESS Group will:
- Acknowledge receipt of the formal complaint and aim to respond normally within 10 days
- Deal objectively and sensitively with the complaint
- Take action where appropriate
- Use the Complaints Procedure to continually review and improve its services
Responsibility of the Complainant
The complainant will be expected to:
- Bring their complaint to The Tess Group attention normally within 12 weeks of it occurring
- Explain the problem as clearly and as fully as possible, including any steps taken to resolve the complaint at a local level
- Allow The TESS Group reasonable time to deal with the matter
- Recognise that some circumstances may be beyond The Tess Group’s control
Responsibility for Action
All staff including, but not exclusively, Directors, Managers and Team Leaders.
Except in exceptional circumstances, every attempt will be made to ensure that both the complainant and The Tess Group observe the confidential nature of issues. However the circumstances giving rise to the complaint may be such that it might not be possible to maintain confidentiality and each complaint will be judged on its own merit. Should this be the case, the situation will be explained to the complainant and/or their representative. In the case of students raising a complaint who are aged below 18 The TESS Group may be obliged to inform their parent/guardian.
Monitoring, Reporting and Review
The TESS Group Directors will monitor the handling of complaints in accordance with The TESS Group procedures. The TESS Group will receive an annual report from the Quality and Delivery manager relating to complaints made directly to The TESS Group under stage 2 of the formal procedure.
The TESS Group will review the Complaints Procedure annually and measure the extent to which it is meeting its commitments, through its review of complaints and outcomes of opinion surveys etc.
How to make a Formal Complaint
Formal complaints should normally be submitted, in writing, using the Record of Complaint form provided at the end of this procedure if possible. A letter or e-mail will also be accepted. The complaint should be sent to: Martin Parnham, Head of Operations, The Tess Group 28 Queensbridge, Rushmills, Northampton, Northamptonshire, NN4 7BF or [email protected]
The Head of Operations will acknowledge receipt of the complaint and confirm which manager they have referred the matter to.
Where the complainant requires support in making a formal complaint they can ask the Business Support Manager, or another member of staff, to complete the form on their behalf, but the complainant must sign the form. Business Support staff should check that informal procedures have been exhausted and, if appropriate, direct the complaint to the most appropriate section of The TESS Group to pursue an informal complaint.
Complainants may select a person of their choice to complain on their behalf if they are unable to complain on their own behalf (for example, friend, parent, guardian). Complainants are advised to keep their own records and any documents which they feel substantiate their complaint. Complainants will be asked to confirm whether or not the issue has been raised previously on an informal basis and if so, with whom.
It is normally the responsibility of the manager investigating the complaint to ensure that a written response is sent to the complainant within 10 working days. In exceptional circumstances, this may not be possible and the manager must ensure that the complainant is advised of any delay. The Manager is also responsible for ensuring appropriate action is taken. A copy of the response should be filed with the Head of Operations.
The TESS Group aims to resolve matters as quickly as possible. However, inevitably some issues will be more complex and therefore may require longer to investigate. Consequently timescales are indicative.
If the complainant is not satisfied with the outcome of Stage 1, they have the option of writing to the Commercial Director, stating the reason why they are dissatisfied with the outcome (normally within 10 working days of receiving written notification of the outcome of Stage 1).
The Commercial Director will respond normally within 10 working days to inform the complainant of the action being taken to investigate their complaint. At this stage any new information will be considered.
If the complainant is not satisfied with the outcome of Stage 2, they have the option of writing to the Managing Director, stating the reason why they are dissatisfied with the outcome, again normally within 10 working days of receiving written notification of the outcome of Stage 2
.The complainant will be informed normally within 10 working days of receipt of their letter of the action to be taken to investigate the complaint.