Terms of Sale

Contents

• Business Services
• Facilitated Session
• Training - Scheduled Courses
• Training - In-house Courses
• Training - Bespoke Courses

Business Services

Last updated 28/12/2019

Business services are made subject to the following terms and conditions.

B1. Service Booking

You can request a service by completing an online form, e-mail with the required information or by phone which is supported by a confirmation e-mail.

B2. Payment Terms

Our standard payment terms provide 14 days’ notice to pay an invoice unless otherwise agreed.

Late payment of invoices will incur a late fee of 5% for each month that the invoice is overdue.

B3. Payment Method

You will be invoiced for the agreed work when the customer is notified the work is complete.

A deposit will be agreed for all work and invoiced at the time of booking. The service will not commence until the deposit has been paid.

Deposits can be paid by credit to allow quick commencement of work. Please notify at the time of booking.

Business services will be invoiced at the start of the month for support for the following month.

B4. Commence of work

We will start working on your contract on payment of the agreed deposit.

B5. Regular payments for business support

Regular on-time payments for business support for a full 12 months, will provide an additional free 2 hours of support per year.

If a payment is late or missed, the 12-month period restarts.

We hold the right to suspend all services until payments are received in full for services and any late payment fees.

You are responsible for ensuring you keep us up to date with valid contacts details for contacts related to the service and valid payment information. If we find information to be invalid, we reserve the right to suspend your services. If we incur costs due to invalid payment information, we reserve the right to charge you for these fees.

B6. Sign off of the development of a product

On completion of a product, we will provide you with final review and sign off, before the product goes live, as per the terms of your contract. If you do not respond with sign off of the product within the agreed time frame, we will take this as acceptance of the product and issue invoices for the completion of the work as well as start any service charges agreed. We hold the right not to put the product live to the public until we have sign-off agreed in the contract.

B7. Changes to the specification of a product

If there are changes to the agreed specification of the product, we hold the right to review the cost for developing the product and to provide a quote for the additional work. If the quote is not agreed, the product will be developed to the original specification or cancelled with full development fee still due.

B8. Cancellation of development work by you

If you cancel the development product as part of your service, the full fee will be due for the development of the product.

B9. Cancellation of development work by ourselves

If we find we are unable to develop your product and have to cancel the contract, we will refund you the full fee agreed for the development and any related service support package. We will not be liable for any additional costs due to us being unable to deliver the product.

B10. Cancellations of service by you

Business or website support must be cancelled in writing by e-mail.

There is no cancellation fee from Dewi Development, but outstanding costs for services organised for the contract duration will need to be settled unless otherwise agreed. These will include but not limited to hosting fees and SSL Certificates.

The cost of cancellation will be provided on notification of cancellation and cancellation will not be activated until these costs are agreed.

B11. Distance selling regulations

When agreeing to a contract as a consumer for a service, you have 14 working days to review the contract and change your mind. You must notify us as soon as possible and confirm in writing by e-mail, otherwise, the full fee for the services stands.

If the work has started within the 14 working days, in order to develop your product in time for the agreed deadline, you waive your rights to a refund and the deposit will be non-refundable.

If you book on behalf of your business, you will be treated as a non-consumer and statutory consumer protection will not apply to this agreement.

B12. Passwords

It is your responsibility to keep all passwords safe, to ensure they are secure (with reference to accepted best practices) and to change passwords regularly. We are not responsible for any data loss or security compromises arising as a result of compromised passwords or as a result of You providing a third-party with access to your password.

You are responsible for any and all actions arising out of the use of your account password.

B14. Prices and Service

We hold the right to change our prices and services at any time by providing 30 days’ notice to customers in writing.

We hold the right to update our terms and conditions at any time. Any significant changes will be notified to you in writing with 30 days' notice.

B15. Fair use policy

You will work to our fair policy.

If you breach our fair use policy, we hold the right to cancel your agreement immediately and without warning, especially where use is in breach of the laws of the country of use.

B16. Disclaimers and Warranties

You agree that you use our online services at your own risk.

The Services are provided on an "as is" and “as available” basis. We do not warrant or represent that any Services will be uninterrupted or error-free. You accept that all Services are provided warranty-free.

B17. Liability

We shall not be liable for any loss or damage, of any nature, suffered by you, arising out of or in connection with any breach of these terms by you or any act, misrepresentation, error or omission made by you or on your behalf.

We will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

B18. Force Majeure

We shall not be responsible for any failure to provide any Services or perform any obligation under these terms because of any act of God, strike, lock-outs or other industrial disputes (whether our employees or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond our reasonable control.

Facilitated Sessions

Last updated 29/10/2020

Booking the planning and development of a facilitated session is made subject to the following terms and conditions.

F1. Facilitated Session Request

You can place a facilitated session request through the on-line booking form, phone or e-mail subject to all information required being provided. All facilitated session requests are provisional until contracts are agreed.

F2. Commence of work

We will start working on the planning and development of a facilitated session after payment of the agreed deposit.

F3. Distance selling regulations

When you agree to the planning and development of a facilitated session as a consumer, you have 14 working days to change your mind on commissioning us to plan and develop a specific session. You must notify us as soon as possible and confirm in writing by e-mail otherwise the full fee for development work will be due.

If we have started working within the 14 working days to meet the required deadline of the event you waive your rights to a refund and the deposit will be non-refundable.

If you book the planning and development of a specific facilitated session on behalf of your business, you will be treated as a non-consumer and statutory consumer protection will not apply to this Agreement.

F4. Cancellation of the planning and development by you

If you cancel the planning and development of a facilitated session, the full fee will be due for the planning and development of the facilitated session.

If events have been scheduled, the cancellation requirements covered in point F13 apply to events.

F5. Cancellation of the planning and development by ourselves

If we find we are unable to develop your specific resources for your facilitated session and have to cancel the contract, we will refund you the full fee agreed for the development and running of the course. We will not be liable for any additional costs due to us being unable to deliver the events.

F6. Sign off of the planned facilitated sessions

We will take you through the plan for the session prior to the event date, to review and confirm the content.

If the facilitated session is developed to your specification, but you do not sign off the session in time for the event to run on the agreed dates, the minimum event fee will still be due and will not be refundable.

F7. Changes to the specification

If there are changes to the agreed specification for the facilitated session, we hold the right to review the cost for planning and developing any specific resources for your session and to provide a quote for the additional work. If the quote is not agreed, the facilitated session will be developed to the original specification or cancelled with full development fee still due. If there are events due to run, the cancellation terms covered in point F13 will apply.

F8. Ownership

The facilitated sessions resources will be owned by Dewi Development Ltd unless otherwise agreed.

We may adapt developed resources to suit other clients who require similar topics to be facilitated. As part of this process, we will not share sensitive business information, case studies or figures with other customers.

F9. Provisional Booking of Events

Event dates can be provisionally arranged until contracts are agreed. Provisional bookings will be held for the duration detailed on the quote, but do not guarantee the dates will be held as an event with an agreed contract will have priority over a provisional booking. We will attempt to contact you on the details provided, to check if you wish to agree to the contract before accepting the other company’s contract.

F10. Payment Terms

Our standard payment terms provide 14 days’ notice to pay an invoice unless otherwise agreed.

Late payment of invoices will incur a late fee of 5% for each month that the invoice is overdue.

We hold the right to cancel an event that has been booked more than 14 days before the event start date, but all invoices for the event and development work have not been paid. If we cancel the event due to lack of payment, the event fees will still be due. We will not be liable for any costs incurred due to us cancelling the event.

You are responsible for ensuring you keep us up to date with valid contact details for individuals related to the service and valid payment information. If we find information to be invalid, we reserve the right to suspend your services. If we incur costs due to invalid payment information, we reserve the right to charge you for these fees.

F11. Payment Method

You will be invoiced at the time of booking for the minimum event fee and any deposit agreed for the planning and development of your specific facilitated session.

You will be invoiced for the final fees two weeks prior to the event.

F12. Transfers of events

In circumstances outside of your control where you may not be able to hold an event on the agreed date, you can transfer the event to a different date subject to the following charges.

• The first transfer made more than 2 months from the event, no charge.
• The first transfer made less than 2 months from the course 40% of the minimum event fee.
• Any additional transfers, 40% of the event fee.

F13. Cancellation of event

If circumstances mean you cannot run the event and cannot transfer your event to another date, you can cancel subject to the following charges.

• More than 2 months’ notice prior to the event will incur no charge.
• Less than 2 months’ notice prior to the event will incur a 40% minimum course fee.
• Less than 1 months’ notice prior to the event will incur the full minimum course fee.
• Places previously transferred, no matter the notice period will incur full minimum course fee.

The cancellation of a course should be notified as soon as possible and must be confirmed in writing by e-mail.

F14. COVID-19

If your candidates need to self-isolate due to COVID-19, you must notify us as soon as you know they will be self-isolating for part or all of the facilitated session. If notified prior to the event start, we will arrange with you a new date for the event.

If candidates attend the event without completing the pre-event COVID-19 online course safety session or without completing the online COVID-19 declaration including contact details, they will not be admitted to the event. In these circumstances, a refund for the place will not be provided.

If candidates attend the event with symptoms of COVID-19, they will not be admitted to the course and no refund will be provided for the place.

If a candidate develops COVID-19 symptoms during the event, they will be asked to leave the event to self-isolate and notify track and trace. Where social distancing has been maintained throughout, we may continue with the event. Where we are concerned for the whole group or identify deep cleaning must occur, we will send all candidates home to self-isolate and will discuss with you when we rearrange the event.

We hold the right to ask for evidence of positive COVID-19 test where transfer/cancellation is requested, especially in repeated requests to transfer.

If our team develop COVID-19 and we need to self-isolate during the development time of the facilitated event, we will provide notification. If self-isolation or the recovery time from COVID-19 is going to impact on our development time, we will discuss contingency options for the delivery of the program. Where we cannot provide a contingency, we will refund you the value of the work.

Where your team develop COVID-19 or are self-isolating during the development time, we will discuss contingency plans for delivering the program. Where we unable to complete the development work due to your staff not being available or providing the required information, we will not provide a refund.

If our facilitator develops symptoms of COVID-19, we will make every effort to find a replacement facilitator to deliver the event. Where we cannot find a replacement facilitator, we will postpone the event providing as much notice as possible. We will arrange a new date for candidates to complete the event once the facilitator is recovered.

Where you or we are unable to complete development of the event or deliver the sessions due to COVID-19, we will not be responsible for any additional costs incurred due to the cancellation.

F15. Non-attendance

If a candidate does not attend the event the fee will still be liable and non-refundable.

F16. Late attendance / Missed Sessions

If a candidate arrives late for a session or misses a session, we reserve the right not to accept them onto the remainder of the event, where we deem it will interfere on the running of the event. If we refuse the candidate onto the remainder of the course, the fee will still be liable and will be non-refundable.

F17. Attendee adaptions

Where there are learning support needs or physical adaptions, we should be notified in advance of the event and we will take reasonably practical actions to adapt the facilitation to meet the individual’s needs. Where we are not notified until the start of the event, we will have limited resource available to make adaptions.

If a candidate has concerns as to how learning support needs will affect their attendance on an event, these should be discussed with us prior to or on booking. Once they arrive at the course, we cannot refund the place if they decide the event is not suitable and you have not previously discussed their concerns with us.

F18. Unforeseen circumstances

On occasions, unforeseen circumstances occur and we will do everything possible to rectify them, however, it may lead to us cancelling the facilitated session. In these circumstances, we will give you as much notice as possible and will offer you a free transfer to another date or a full refund. We will not be liable for any other costs incurred by yourselves if we cancel the course.

F19. Prices and Service

We hold the right to change our prices at any time.

We hold the right to change our services by providing 30 days’ notice to customers with bookings in writing by e-mail.

We hold the right to change our terms at any time. We will notify you of significant changes in writing with 30 days' notice.

F20. Customers obligations

You will provide access for our staff to your premises of training facilities, breakout areas, washrooms and other facilities as is reasonably required to deliver the services of the contract.

You will ensure premises are ready to deliver the service and are of a fit state and safe.

You will provide access to information and materials as is reasonably expected to deliver the service and will ensure information is complete and accurate.

You will ensure prior to the event you hold the required licences, permissions and consents for the service to be delivered.

You will ensure you hold the required insurance cover for the service to be delivered, in conjunction with insurance held by Dewi Development Ltd to cover its professional liability.

You will keep all materials, equipment, documents and other property of Dewi Development Ltd safe while held at your premises and at your risk. You will ensure all items are kept in good condition until returned to Dewi Development Ltd. You will only use items in accordance with the contract and will not dispose of any items.

F20. Intellectual property

You grant Dewi Development Ltd a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to Dewi Development Ltd for the term of the contract for the purpose of providing the services.

You will not copy the intellectual property of Dewi Development Ltd, except in agreement with Dewi Development Ltd for the delivery of the service of the contract. You will not sub-license, assign or transfer the rights of the intellectual property to any other party.

F22. Confidentiality

All parties will manage the confidentiality of information concerning the business, affairs, customers, clients or suppliers of the other party and will not disclose to any person duringor for 2 years after the end of the contract, except:

• To employees, contractors, subcontractors or advisors who need to know such information for the purpose of carrying out the party’s obligation under the contract. Each party will ensure their representatives handle confidential information appropriately and in accordance with the contract.
• As is required by law or court jurisdiction

Neither party will use the other party’s confidential information for any purpose other than to deliver on the contract.

F22. Force majeure.

Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

 

Training - Scheduled Courses

Last updated 29/10/2019

Booking for scheduled courses is made subject to the following terms and conditions.

S1. Course Booking

You can place a booking through the on-line booking form, phone or e-mail subject to all information required being provided. All places will be provisional until payment is received.

S2. Provisional Bookings

A provisional booking will be taken while awaiting payment for the place on the course. A provisional booking will be held for a maximum of 14 calendar days but does not guarantee a place on a course. Bookings with full payment will have priority over provisional bookings.

S3. Payment Terms

Our standard payment terms require full payment for a place to be confirmed onto a scheduled course unless otherwise agreed.

S4. Payment Method

Companies will be invoiced for their place with 14 calendar days to pay and therefore confirm the place, but are subject to point S2.

Individuals can be invoiced with 14 calendar days to pay or pay by credit card through iZettle.

The payment method must be defined at the time of booking.

S5. Transfers

In circumstances where you may not be able to make the course you can transfer your place to another course within 6 months subject to the following charges.

• First transfer made more than 4 weeks from the course, no charge.
• First transfer made less than 4 weeks from the course will incur a 20% charge.
• Any additional transfers, 40% course fee.

S6. Cancellations

If circumstances mean you cannot attend the course or transfer your course to another date, you can cancel your place with the following charges.

• More than four weeks’ notice prior to the course will incur no charge
• Less than four weeks’ notice prior to the course will incur full course fee
• Places previously transferred, no matter the notice period will incur the full fee

The cancellation of a place on a course should be notified as soon as possible and must be confirmed in writing by e-mail.

S7. COVID-19

If you need to self-isolate due to COVID-19, you must notify us as soon as you know you will be self-isolating for part or all of the course. If notified prior to the course start, we will provide a transfer to another scheduled course. Where there is no other scheduled course available, we will either put you on a waitlist for the new schedule or refund you the price paid for the course.

If you attend training without completing the pre-course COVID-19 online course safety training or without completing the online COVID-19 declaration including contact details, you will not be admitted to the course. In these circumstances, a refund will not be provided.

If you attend the course with symptoms of COVID-19, you will not be admitted to the course and no refund will be provided.

If you develop COVID-19 symptoms during the course, you will be asked to leave the course to self-isolate and notify track and trace. You will be offered a transfer to the next available course to complete your training. If you do not arrange a transfer when you are well, no refund will be provided.

We hold the right to ask for evidence of positive COVID-19 test where transfer/cancellation is requested. Where a second request to transfer is requested due to COVID-19, evidence of a positive test will be required.

If our trainer develops symptoms of COVID-19, we will make every effort to find a replacement trainer to deliver the training. Where we cannot find a replacement trainer, we will postpone the training providing as much notice as possible. We will offer transfers for all candidates to a rescheduled date or future course.

Where you or we have to cancel due to COVID-19, we will not be responsible for any additional costs incurred due to the cancellation.

S8. Distance selling regulations

When placing a booking as a consumer, you have 14 working days from the day you place the booking to review your booking and change your mind. You need to notify Dewi Development as soon as possible and confirm your change of mind by e-mail.

When a course is within 14 working days of your booking, your time to change your mind ends at 17:00 the day before the course.

If you book a course on behalf of your business, you will be treated as a non-consumer and statutory consumer protection will not apply to this agreement.

S9. Non-attendance

If you do not attend the course and you have not previously informed us in writing by post or e-mail that you will not be attending, the full fee will still be liable and non-refundable.

S10. Late attendance / Missed Sessions

Accredited courses have minimum learning time which all students must achieve to meet the qualification requirements. If you do not attend all sessions, you will not be able to achieve the accredited course and the full fee will still be liable and there will be no refunds.

If you arrive late for a session or miss a session, we reserve the right not to accept you onto the remainder of the course, where we deem it not possible to make up the content or the learning hours. If we refuse you onto the remainder of the course, the full fee will still be liable and will be non-refundable.

S11. Unable to complete assessments

Accredited courses have set criteria that must be achieved by students in order to pass the course. Some courses have practical activities that must be achieved and require a certain level of physical fitness. If you are unable to carry out the assessment, we will not be able to award you an accredited certificate. In these circumstances, the full fee will still be due and non-refundable.

S12. Learning support needs

Where there are learning support needs or physical adaptions, we should be notified in advance of the course and we will take reasonably practical actions to support you through the course. Where we are not notified until the start of the course, we will have limited resource available to make adaptions.

If you have concerns as to how learning support needs will affect your attendance on a course, these should be discussed with us prior to or on booking. Once you arrive at the course, we cannot refund you for your place if you decide the course is not suitable and you have not previously discussed your concerns with us.

We will support candidates with learning support needs or physical adaptions to achieve assessments, through additional aids or finding methods that suit you. However, we cannot change the requirements of the assessment.

For further information on reasonable adjustments for assessments, please see the FAA Reasonable Adjustment policy we adhere to.

S13. Certification

Certificates will be issued on successful completion of all learning hours and assessments, where all payments for the course have been settled.

If a candidate completes the learning hours for the course but does not complete all assessments, a certificate of attendance can be issued by Dewi Development on request. This is not an accredited certificate of competence.

S14. Intellectual property

You will not copy the intellectual property of Dewi Development Ltd, except in agreement with Dewi Development Ltd for the delivery of the service of the contract. You will not sub-license, assign or transfer the rights of the intellectual property to any other party.

S15. Confidentiality

All parties will manage the confidentiality of information concerning the business, affairs, customers, clients or suppliers of the other party and will not disclose to any person during or for 2 years after the end of the contract, except:

• To employees, contractors, subcontractors or advisors who need to know such information for the purpose of carrying out the party’s obligation under the contract. Each party will ensure their representatives handle confidential information appropriately and in accordance with the contract.
• As is required by law or court jurisdiction

Neither party will use the other party’s confidential information for any purpose other than to deliver on the contract.

S16. Unforeseen circumstances

On occasions, unforeseen circumstances occur and we will do everything possible to rectify them, however, it may lead to us cancelling the course. In these circumstances, we will give you as much notice as possible and will offer you a free transfer to another course or a full refund. We will not be liable for any other costs incurred by yourselves if we cancel the course.

S17. Prices and Service

We hold the right to change our prices at any time.

We hold the right to change our services by providing 30 days’ notice to customers with bookings in writing by e-mail.

We hold the right to change our terms at any time. We will notify people with bookings with 30 days' notice of significant changes.

 

Training - In-house Courses

Last updated 29/10/2020

Booking for inhouse courses is made subject to the following terms and conditions.

I1. Course Booking

You can place a booking through the on-line booking form, phone or e-mail subject to all information required being provided. All course bookings are provisional until contracts are agreed.

I2. Provisional Bookings

A course date can be provisionally arranged until contracts are agreed. Provisional bookings will be held for the duration detailed on the quote, but do not guarantee the dates will be held as a course with an agreed contract will have priority over a provisional booking. We will attempt to contact you on the details provided, to check if you wish to agree to the contract before accepting the other company’s contract.

I3. Payment Terms

Our standard payment terms provide 14 days’ notice to pay an invoice unless otherwise agreed.

Late payment of invoices will incur a late fee of 5% for each month that the invoice is overdue.

We hold the right to cancel a course that has been booked more than 14 days before the course start date, but the invoice for the minimum numbers has not been paid. If we cancel the course due to lack of payment, the course fees will still be due. We will not be liable for any costs incurred due to us cancelling the course.

I4. Payment Method

You will be invoiced at the time of booking for the minimum course amount.

You will be invoiced after the course for any additional candidates that attended above the minimum number. Where the course is taught online, but resources are sent in advance of the sessions, additional numbers will be charged based on people registered in advance and resources sent.

You can agree to pay for set numbers at the time of booking, but if people do not turn up, we will not refund the difference.

I5. Transfers of course

In circumstances outside of your control where you are not able to hold the course on the agreed date, you can transfer the course to a different date subject to the following charges.

• First transfer made more than 1 month from the course, no charge.
• First transfer made less than 1 month from the course 40% of the minimum course fee.
• Any additional transfers, 40% of the course fee.

I6. Cancellations

If circumstances mean you cannot run the course and cannot transfer your course to another date, you can cancel subject to the following charges.

• More than 2 months’ notice prior to the course will incur no charge.
• Less than 2 months’ notice prior to the course will incur a 50% minimum course fee.
• Less than 2 weeks’ notice prior to the course will incur the full minimum course fee.
• Places previously transferred, no matter the notice period will incur full minimum course fee.

The cancellation of a course should be notified as soon as possible and must be confirmed in writing by e-mail.

I7. COVID-19

If your candidates need to self-isolate due to COVID-19, you must notify us as soon as you know they will be self-isolating for part or all of the course. If notified prior to the course start, we will arrange with you a new date for the course.

If candidates attend training without completing the pre-course COVID-19 online course safety training or without completing the online COVID-19 declaration including contact details, they will not be admitted to the course. In these circumstances, a refund for the place will not be provided.

If candidates attend the course with symptoms of COVID-19, they will not be admitted to the course and no refund will be provided for the place.

If a candidate develops COVID-19 symptoms during the course, they will be asked to leave the course to self-isolate and notify track and trace. Where social distancing has been maintained throughout, we may continue with the training and after the course, discuss with you how the individual completes the training. Where we are concerned for the whole group or identify deep cleaning must occur, we will send all candidates home to self-isolate and will discuss with you when we rearrange the training.

We hold the right to ask for evidence of positive COVID-19 test where transfer/cancellation is requested, especially in repeated requests to transfer.

If our trainer develops symptoms of COVID-19, we will make every effort to find a replacement trainer to deliver the training. Where we cannot find a replacement trainer, we will postpone the training providing as much notice as possible. We will arrange a new date for candidates to complete the training once training is recovered.

Where you or we have to cancel due to COVID-19, we will not be responsible for any additional costs incurred due to the cancellation.

I8. Distance selling regulations

When placing a booking as a consumer, you have 14 working days from the day you place the booking to review your booking and change your mind. You need to notify Dewi Development as soon as possible and confirm your change of mind by e-mail.

When a course is within 14 working days of your booking, your time to change your mind ends at 17:00 the day before the course.

If you book a course on behalf of your business, you will be treated as a non-consumer and statutory consumer protection will not apply to this Agreement.

I9. Non-attendance

If a candidate does not attend the course the fee will still be liable and non-refundable.

I10. Late attendance / Missed Sessions

Accredited courses have minimum learning time which all students must achieve to meet the qualification requirements. If a candidate does not attend all sessions, they will not be able to achieve the accredited course and the fee will still be liable and there will be no refunds.

If a candidate arrives late for a session or misses a session, we reserve the right not to accept them onto the remainder of the course, where we deem it not possible to make up the content or the learning hours. If we refuse the candidate onto the remainder of the course, the fee will still be liable and will be non-refundable.

I11. Unable to complete assessments

Accredited courses have set criteria that must be achieved by candidates in order to pass the course. Some courses have practical activities that must be achieved and require a certain level of physical fitness. If a candidate is unable to carry out the assessment, we will not be able to award an accredited certificate. In these circumstances, the fee will still be due and non-refundable. We will not be liable for any other costs you have incurred because we cancelled the course.

I12. Learning support needs

Where there are learning support needs or physical adaptions, we should be notified in advance of the course and we will take reasonably practical actions to support the candidate through the course. Where we are not notified until the start of the course, we will have limited resource available to make adaptions.

If a candidate has concerns as to how learning support needs will affect their attendance on a course, these should be discussed with us prior to or on booking. Once they arrive at the course, we cannot refund the place if they decide the course is not suitable and you have not previously discussed their concerns with us.

We will support candidates with learning support needs or physical adaptions to achieve assessments, through additional aids or finding methods that suit them. However, we cannot change the requirements of the assessment.

For further information on reasonable adjustments for assessments, please see the FAA Reasonable Adjustment policy we adhere to.

I13. Certification

Certificates will be issued on successful completion of all learning hours and assessments, where all payments for the course have been settled.

If a candidate completes the learning hours for the course but does not complete all assessments, a certificate of attendance can be issued by Dewi Development on request. This is not an accredited certificate of competence.

I14. Unforeseen circumstances

On occasions, unforeseen circumstances occur and we will do everything possible to rectify them, however, it may lead to us cancelling the course. In these circumstances, we will give you as much notice as possible and will offer you a free transfer to another date or a full refund. We will not be liable for any other costs incurred by yourselves if we cancel the course.

I15. Prices and Service

We hold the right to change our prices at any time.

We hold the right to change our services by providing 30 days’ notice to customers with bookings in writing by e-mail.

We hold the right to change our terms and conditions at any time. We will notify in writing any significant changes with 30 days' notice.

I16. Customers obligations

You will provide access for our staff to your premises of training facilities, breakout areas, washrooms and other facilities as is reasonably required to deliver the services of the contract.

You will ensure premises are ready to deliver the service and are of a fit state and safe.

You will provide access to information and materials as is reasonably expected to deliver the service and will ensure information is complete and accurate.

You will ensure prior to the event you hold the required licences, permissions and consents for the service to be delivered.

You will ensure you hold the required insurance cover for the service to be delivered, in conjunction with insurance held by Dewi Development Ltd to cover its professional liability.

You will keep all materials, equipment, documents and other property of Dewi Development Ltd safe while held at your premises and at your risk. You will ensure all items are kept in good condition until returned to Dewi Development Ltd. You will only use items in accordance with the contract and will not dispose of any items.

You will not copy the intellectual property of Dewi Development Ltd, except in agreement with Dewi Development Ltd for the delivery of the service of the contract. You will not sub-license, assign or transfer the rights of the intellectual property to any other party.

I17. Confidentiality

All parties will manage the confidentiality of information concerning the business, affairs, customers, clients or suppliers of the other party and will not disclose to any person during or for 2 years after the end of the contract, except:

• To employees, contractors, subcontractors or advisors who need to know such information for the purpose of carrying out the party’s obligation under the contract. Each party will ensure their representatives handle confidential information appropriately and in accordance with the contract.
• As is required by law or court jurisdiction

Neither party will use the other party’s confidential information for any purpose other than to deliver on the contract.

I18. Force majeure.

Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

 

Training - Bespoke Courses

Last updated 29/10/2020

Booking for bespoke in-house courses is made subject to the following terms and conditions.

T1. Course Development Request

You can place a course development request through the on-line booking form, phone or e-mail subject to all information required being provided. All course development requests are provisional until contracts are agreed.

T2. Commence of work

We will start working on the development of your bespoke course after payment of the agreed deposit for development work.

T3. Distance selling regulations

When you agree to the development of the course as a consumer, you have 14 working days to change your mind on commissioning us to develop your course. You must notify us as soon as possible and confirm in writing by e-mail otherwise the full fee for development work will be due.

If we have started working on the development of your course within the 14 working days to meet the required deadline, you waive your rights to a refund and the deposit will be non-refundable.

If you book the development of a course on behalf of your business, you will be treated as a non-consumer and statutory consumer protection will not apply to this Agreement.

T4. Cancellation of development by you

If you cancel the development of the course, we are developing for you, the full fee will be due for the development of the course.

If courses have been scheduled, the cancellation requirements covered in point T13 apply to the courses.

T5. Cancellation of development by ourselves

If we find we are unable to develop your course and have to cancel the contract, we will refund you the full fee agreed for the development and running of the course. We will not be liable for any additional costs due to us being unable to deliver the bespoke course.

T6. Sign off of bespoke course

We will provide you with the course materials prior to the course date to review and confirm the content of the bespoke course.

If the bespoke course is developed to your specification, but you do not sign off the course in time for the course to run on the agreed dates, the minimum course fee will still be due and will not be refundable.

T7. Changes to the specification

If there are changes to the agreed specification of the bespoke course, we hold the right to review the cost for developing the course and to provide a quote for the additional work. If the quote is not agreed, the course will be developed to the original specification or cancelled with full development fee still due. If there are courses due to run, the cancellation terms covered in point T13 will apply.

T8. Ownership

The training materials will be owned by Dewi Development Ltd unless otherwise agreed.

We may adapt developed resources to suit other clients who require similar topics to be delivered.

We will not share sensitive business information with other customers and will look to replace any specific case studies or facts with information related to the other customer.

T9. Provisional Booking of Courses

A course date can be provisionally arranged until contracts are agreed. Provisional bookings will be held for the duration detailed on the quote, but do not guarantee the dates will be held as a course with an agreed contract will have priority over a provisional booking. We will attempt to contact you on the details provided, to check if you wish to agree to the contract before accepting the other company’s contract.

T10. Payment Terms

Our standard payment terms provide 14 days’ notice to pay an invoice unless otherwise agreed.

Late payment of invoices will incur a late fee of 5% for each month that the invoice is overdue.

We hold the right to cancel a course that has been booked more than 14 days before the course start date, but the invoice for the development work and minimum numbers on the course has not been paid. If we cancel the course due to lack of payment, the course fees will still be due. We will not be liable for any costs incurred due to us cancelling the course.

You are responsible for ensuring you keep us up to date with valid contacts details for contacts related to the service and valid payment information. If we find information to be invalid, we reserve the right to suspend your services. If we incur costs due to invalid payment information, we reserve the right to charge you for these fees.

T11. Payment Method

You will be invoiced at the time of booking for the minimum course amount and the deposit for the development of the course.

You will be invoiced for the final course development fee on development completion.

You will be invoiced after the course for any additional candidates that attended above the minimum number. If the course is taught online but requires resources to be shipped in advance, the additional candidates will be based on the resources sent out in advance to registered candidates.

You can be invoiced for set numbers on each course, however, if people do not show up, we will not refund for the difference.

T12. Transfers of course

In circumstances outside of your control where you may not be able to hold a course on the agreed date, you can transfer the course to a different date subject to the following charges.

• First transfer made more than 2 months from the course, no charge.
• First transfer made less than 2 months from the course 40% of the minimum course fee.
• Any additional transfers, 40% of the minimum course fee.

T13. Cancellation of courses

If circumstances mean you cannot run the course and cannot transfer your course to another date, you can cancel subject to the following charges.

• More than 2 months’ notice prior to the course will incur no charge.
• Less than 2 months’ notice prior to the course will incur a 50% minimum course fee.
• Less than 2 weeks’ notice prior to the course will incur the full minimum course fee.
• Places previously transferred, no matter the notice period will incur full minimum course fee.

The cancellation of a course should be notified as soon as possible and must be confirmed in writing by e-mail.

T14. COVID-19

If your candidates need to self-isolate due to COVID-19, you must notify us as soon as you know they will be self-isolating for part or all of the course. If notified prior to the course start, we will arrange with you a new date for the course.

If candidates attend training without completing the pre-course COVID-19 online course safety training or without completing the online COVID-19 declaration including contact details, they will not be admitted to the course. In these circumstances, a refund for the place will not be provided.

If candidates attend the course with symptoms of COVID-19, they will not be admitted to the course and no refund will be provided for the place.

If a candidate develops COVID-19 symptoms during the course, they will be asked to leave the course to self-isolate and notify track and trace. Where social distancing has been maintained throughout, we may continue with the training and after the course, discuss with you how the individual completes the training. Where we are concerned for the whole group or identify deep cleaning must occur, we will send all candidates home to self-isolate and will discuss with you when we rearrange the training.

We hold the right to ask for evidence of positive COVID-19 test where transfer/cancellation is requested, especially in repeated requests to transfer.

If our team develop COVID-19 and we need to self-isolate during the development time of the bespoke course, we will provide the notification. If self-isolation or the recovery time from COVID-19 is going to impact on our development time, we will discuss contingency options for the delivery of the program. Where we cannot provide a contingency, we will refund you the value of the work.

Where your team develop COVID-19 or are self-isolating during the development time, we will discuss contingency plans for delivering the program. Where we are unable to complete the development work due to your staff not being available or providing the required information, we will not provide a refund.

If our trainer develops symptoms of COVID-19, we will make every effort to find a replacement trainer to deliver the training. Where we cannot find a replacement trainer, we will postpone the training providing as much notice as possible. We will arrange a new date for candidates to complete the training once training is recovered.

Where you or we are unable to complete the development of the course or deliver the sessions due to COVID-19, we will not be responsible for any additional costs incurred due to the cancellation.

T15. Non-attendance

If a candidate does not attend the course the fee will still be liable and non-refundable.

T16. Late attendance / Missed Sessions

Accredited courses have minimum learning time which all students must achieve to meet the qualification requirements. If a candidate does not attend all sessions, they will not be able to achieve the accredited course and the fee will still be liable and there will be no refunds.

If a candidate arrives late for a session or misses a session, we reserve the right not to accept them onto the remainder of the course, where we deem it not possible to make up the content or the learning hours. If we refuse the candidate onto the remainder of the course, the fee will still be liable and will be non-refundable.

T17. Unable to complete assessments

Accredited courses have set criteria that must be achieved by candidates in order to pass the course. Some courses have practical activities that must be achieved and require a certain level of physical fitness. If a candidate is unable to carry out the assessment, we will not be able to award an accredited certificate. In these circumstances, the fee will still be due and non-refundable.

T18. Learning support needs

Where there are learning support needs or physical adaptions, we should be notified in advance of the course and we will take reasonably practical actions to support the candidate through the course. Where we are not notified until the start of the course, we will have limited resource available to make adaptions.

If a candidate has concerns as to how learning support needs will affect their attendance on a course, these should be discussed with us prior to or on booking. Once they arrive at the course, we cannot refund the place if they decide the course is not suitable and you have not previously discussed their concerns with us.

We will support candidates with learning support needs or physical adaptions to achieve assessments, through additional aids or finding methods that suit them. However, we cannot change the requirements of the assessment.

For further information on reasonable adjustments for assessments, please see the FAA Reasonable Adjustment policy we adhere to.

T19. Certification

Certificates will be issued on successful completion of all learning hours and assessments, where all payments for the course, development of course materials and any late fees have been settled.

If a candidate completes the learning hours for the course but does not complete all assessments, a certificate of attendance can be issued by Dewi Development on request. This is not an accredited certificate of competence.

T20. Unforeseen circumstances

On occasions, unforeseen circumstances occur and we will do everything possible to rectify them, however, it may lead to us cancelling the course. In these circumstances, we will give you as much notice as possible and will offer you a free transfer to another date or a full refund. We will not be liable for any other costs incurred by yourselves if we cancel the course.

T21. Prices and Service

We hold the right to change our prices at any time.

We hold the right to change our services by providing 30 days’ notice to customers with bookings in writing by e-mail.

We hold the right to change our terms at any time. We will notify you of significant changes in writing with 30 days' notice.

T22. Customers obligations

You will provide access for our staff to your premises of training facilities, breakout areas, washrooms and other facilities as is reasonably required to deliver the services of the contract.

You will ensure premises are ready to deliver the service and are of a fit state and safe.

You will provide access to information and materials as is reasonably expected to deliver the service and will ensure information is complete and accurate.

You will ensure prior to the event you hold the required licences, permissions and consents for the service to be delivered.

You will ensure you hold the required insurance cover for the service to be delivered, in conjunction with insurance held by Dewi Development Ltd to cover its professional liability.

You will keep all materials, equipment, documents and other property of Dewi Development Ltd safe while held at your premises and at your risk. You will ensure all items are kept in good condition until returned to Dewi Development Ltd. You will only use items in accordance with the contract and will not dispose of any items.

T23. Intellectual property

You grant Dewi Development Ltd a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to Dewi Development Ltd for the term of the contract for the purpose of providing the services.

You will not copy the intellectual property of Dewi Development Ltd, except in agreement with Dewi Development Ltd for the delivery of the service of the contract. You will not sub-license, assign or transfer the rights of the intellectual property to any other party.

T24. Confidentiality

All parties will manage the confidentiality of information concerning the business, affairs, customers, clients or suppliers of the other party and will not disclose to any person during or for 2 years after the end of the contract, except:

• To employees, contractors, subcontractors or advisors who need to know such information for the purpose of carrying out the party’s obligation under the contract. Each party will ensure their representatives handle confidential information appropriately and in accordance with the contract.
• As is required by law or court jurisdiction

Neither party will use the other party’s confidential information for any purpose other than to deliver on the contract.

T25. Force majeure.

Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.