Terms and Conditions
terms and conditions are between DGB Health and Safety LTD and the Customer.
They replace any previous terms and conditions of DGB Health and Safety LTD and
are the complete and only terms and conditions between the parties. All
dealings between DGB Health and Safety LTD and the Customer shall be governed
by these terms and conditions which shall prevail over any others. DGB Health
and Safety LTD is a trading name of DGB Health and Safety LTD.
2. These terms and conditions and any contract formed pursuant to them may be varied provided any variation is confirmed in writing by an authorised representative of DGB Health and Safety LTD.
3. A binding contract will be formed when DGB Health and Safety LTD accept a Customer's order for services (the "Contract"). An invoice will be dispatched on completion or agreed part of the services (ie: per location or premises pre- agreed with the Customer) and shall be payable within 30 days (subject to paragraph 5).
4. A copy of these terms and conditions will be dispatched with advertising literature, with any good, with invoices and in the case of the provision of a training course, with the booking confirmation e-mail sent by DGB Health and Safety LTD. If the Customer has not had prior sight of them and reasonably objects to any of these terms and conditions, the Customer shall be entitled to notify such objection to DGB Health and Safety LTD within 7 days of first sight (failing which these terms and conditions will be deemed to have been accepted) and, provided a solution to the objection cannot be reached between the parties, cancel the Contract without penalty after 7 days of such notification.
5. In the case of the provision of an online training course by DGB Health and Safety LTD, payment must be made in full prior to the commencement of the course. Note that until payment has been received licences to access the courses on offer will not be issued. Certificates to prove completion of the course by DGB Health and Safety LTD through our partner Videotile Training Limited are on successful completion of our online training courses and attaining the required pass mark in the various tests and activities presented therein. No refund shall be given should a delegate who fails any online course more than 3 times provided by DGB Health and Safety LTD and DGB Health and Safety LTD make no guarantee as to a delegate successfully passing any online course. NB: Videotile Training Ltd are the owners of the e-learning training courses and own the accreditations. Videotile Training Ltd distribute their courses under Licence to DGB Health and Safety Ltd. DGB Health and Safety Ltd do not claim ownership of the accreditations however the courses are accredited through the licence provided by our partner Videotile Training Ltd.
6. Unless specified, Value Added Tax will not be included in any price and will be charged at the rate in force at the time of quotation or as presented on our website in respect on online training.
7. Interest on overdue invoices may be charged (at the discretion of DGB Health and Safety LTD) at 8% above the base rate of HSBC Bank Plc until the date of payment and the Customer agrees to pay any reasonable expenses incurred by DGB Health and Safety LTD in pursuing any outstanding debt or debts due from the Customer. Where relevant interest shall be charged pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
9. Proof of work for services may be submitted for the Customer's approval and DGB Health and Safety LTD shall incur no liability for any errors not corrected by the Customer in proofs so submitted. The Customer shall notify DGB Health and Safety LTD in writing within 7 working days stating whether or not the proofs are acceptable. If the Customer does not notify DGB Health and Safety LTD within this period, the proofs will be deemed to have been accepted.
10. DGB Health and Safety LTD shall not be liable to the
Customer by any failure to perform DGB Health and Safety LTD's obligations
under the Contract if the failure is due to any cause beyond DGB Health and
Safety LTD's reasonable control. DGB Health and Safety LTD shall not be liable
for any loss suffered by the Customer (except in respect of death or personal
injury caused by DGB Health and Safety LTD's negligence) including loss of
profits arising out of performance of the Contract by DGB Health and Safety LTD
(or it's Partners).
11. DGB Health and Safety LTD reserve the right to remove and/or amend course information to comply with best practice and current legislation requirements or as directed by our Partner Videotile Training Limited. Every effort will be made to give the Customer as much notice as possible and offer a reasonable alternative. If these are not satisfactory, DGB Health and Safety LTD shall refund in full the price of the course the Customer paid. No further compensation will be given.
12. The Customer shall indemnify DGB Health and Safety LTD for any loss or expenses caused as a result of providing inaccurate information to DGB Health and Safety LTD or its Partner Videotile Training Limited in respect of online training. Mistakes contained within the Customer's order, changes to the Contract requested by the Customer, the cancellation of the Contract by the Customer or breach of the Contract by the Customer (subject to DGB Health and Safety LTD using all reasonable endeavours to minimise such loss).
13. The Customer shall not be entitled to set-off or deduct any amount from any invoice unless otherwise agreed by DGB Health and Safety LTD.
14. If the Customer becomes bankrupt or enters into liquidation administration or administrative receivership or has a receiver of any of its assets appointed (or ceases or threatens to cease carrying on business) DGB Health and Safety LTD shall be entitled to cancel any outstanding Contract(s) and/or suspend further services without liability to the Customer and any sums outstanding shall become immediately due.
15. Any dispute which cannot be resolved between the parties should be referred to the decision of a sole arbitrator to be agreed between the parties or, in default or agreement, appointed at the request of either party by the President of the Chartered Institute of Arbitrators. Arbitration shall take place in accordance with the Arbitration Act 1996.
16. Any written notice given under these terms and conditions shall be served either by registered post or by email to the relevant party's registered/principal office or last known address.
17. The terms and conditions shall be governed and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts. In the event that one or more clauses of these terms and conditions becomes invalid, illegal or unenforceable, the enforceability of the remaining provisions shall not be effected.
18. DGB Health and Safety LTD reserves the right to increase the prices quoted at their discretion.
Dated: 23 July 2017 amended 22 August 2017
DGB Health and Safety Ltd
T&C Version 2
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