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.
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.
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.
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.
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.