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.
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.
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.
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.
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.
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.