Legal

Terms & Conditions of Business for Enter IT Limited t/a Quasar (referred to as “the Company”)

These conditions shall be deemed to be incorporated in all Contracts and in the case of any inconsistency with any order or letter, form of contract sent by the client to the Company or any other communication between the Client and Company whatever may be their respective dates, the provisions of these Conditions shall prevail unless expressly varied in writing and signed by a Director on behalf of the Company. Any concession made or latitude allowed by the Company to the Client shall not affect the rights of the Company under the Contract. If in any particular case any of these Conditions shall be held to be invalid or shall not apply to the Contract the other Conditions shall continue in full force and effect.

The Company’s liability in respect of any breach of its contractual obligations arising under these terms and conditions or any representation or statement (save as herein provided) or tortuous act or omission including negligence arising under or in connection with these terms and conditions shall be limited to an amount equal to the cost of the individual Course or Consultancy fee paid by you. These terms and conditions constitute the entire agreement between the Company and the Client and the Company shall not be liable for any information given or statements made to the client not contained herein, which shall be deemed to be expressions of expectations and not representations of fact. For the avoidance of doubt, the Company shall not be liable to you for loss of profits, goodwill, or any type of special indirect or consequential loss even if such loss was reasonably foreseeable or you had advised the Company of the possibility of you incurring the same.

Obligation to Provide Services &/or Goods
Notwithstanding that the Company may have given a detailed quotation no request for the provision of Services and no order for the supply of Goods shall be binding on the Company unless and until it has been accepted in writing by the Company and where the Service in question relates to the provision of Training Services bookings will only be taken for a course where the Client has provided a valid purchase order number and/or a signed Booking Form as confirmation to the Company.

The Company’s Brochures, Catalogues, Leaflets or other correspondence including but not limited to particulars published on the Company’s internet website, with the exception of these terms, are not binding and reasonable variations may be made to the Services without notice, and the Services and/or the Goods so varied shall be accepted as complying with the Contract. Where the Services in question relate to the provision of training, the Company reserves the right to provide such Services at a venue or venues other than the Company’s Premises and to provide training personnel of its own choice.

The Company will make every effort to run all advertised and non-advertised Courses but reserves the right to cancel, curtail or re-schedule any training courses or events without notice to the Client and without liability for financial penalty or compensation to the Client. In such circumstances, the Company shall re-schedule such Course as promptly as reasonably possible. The Company also reserves the right to make minor variations to the content and duration of any Course at any time.

The Company reserves the right to refuse or curtail any training Services if a delegate or substitute delegate attending on behalf of the Client fails to satisfy those requirements, or pre-requisites for such course notified by the Company to the Client prior to the commencement of such course.
The Company shall not be liable for any failure to fulfill its obligations where such failure is due to circumstances beyond its reasonable control.

Instructor Led Courses
The Company provides instructor led training courses (“Courses”) solely by reference to their description, as detailed in its current Course descriptions. It is the Client’s responsibility to ensure that course participants have the knowledge skills and experience detailed in the Course Outline description entry criteria.

Course Bookings & Joining Instructions
Provisional Course bookings may be made by phone, fax or on our web site. The Company will reply by sending an e-mail or by telephone to clarify the details. Once this is done, a booking form will be generated and faxed or e-mailed for signature confirmation (giving purchase order number(s) if required) and returned by the Client to the Company by fax, e-mail or post. Course joining instructions and any pre Course documentation will be sent to the Client’s named contact, as on the Booking Form returned. It is the Clients responsibility to ensure that all Course Joining instructions and documentation sent by the Company is forwarded to ALL Course participants.

Payment Terms, Fees & Additional costs
Course Fees shall be due in accordance with the terms stated on the booking/order form or at least 10 working days prior to the date of the commencement of the Course whichever is the earlier. Course fees paid less than 10 working days prior to the date of the commencement of the Course shall carry a late payment charge of 10% of the original Course fee price. The late payment charge shall be waived where the booking is made less than 10 working days before commencement of the course providing payment has been received before the course date. Course Fees for Public Courses, Room Hire any Special Offers and Fees for Vouchers and/or Training Credits will always be due for immediate payment on receipt of invoice. Courseware Fees shall be due 50% on order (receipt by Quasar of signed written, e-mailed or faxed booking form) and 50% upon delivery. “Anytime” Subscriptions are due on invoice and no goods will be delivered until first agreed payment is received. Software Consultancy or Bespoke Project Fees shall be due 50% on acceptance of an agreed specification, 40% payable upon delivery/implementation, 10% balance payable 30 days after the delivery/implementation. If the Client requests Services or Courses to be provided otherwise than at Quasar premises, then all travel and subsistence expenses incurred shall be paid for by the Client. Any equipment hire, expenses or expenditure approved by the Client shall be charged to the Client.

Substitutions, Rescheduling & Cancellations in General
No charge will be made for the Substitution of course participants.
Rescheduling by the Company – in the event that the Company has to reschedule a Course, course participants will be offered an alternative booking.

All cancellations or postponements must be agreed and confirmed to the Company in writing. Quasar will hold the price of all rescheduled courses for a period of 90 days. After this period the course will move to a Cancelled status.

No refunds will be made for Cancelled bookings.

For Rescheduled bookings the following applies:
15+ working days written notice, £10 administration fee is payable to arrange the rescheduled date.
11-15 working days written notice, an additional 25% of the Course fee is payable to arrange the rescheduled date with the balance due in accordance with payment terms above.
10 working days or less, the Course status is considered to be as Cancelled.

For Voucher/Training Credit Clients, Cancelled course bookings, or Rescheduled bookings the following applies:
More than 10 working days, the voucher / training credit value will be re-credited to your account.

Less than 10 working days but more than 5 working days written notice, 50% of the voucher / training credit value will be re-credited to your account.
5 working days written notice or less, the voucher(s) / training credit(s) are forfeited.

For Room Hire Cancellations
More than 60 days written notice, £10 administration fee is payable.
Less than 60 days written notice, 100% of the Room Hire fee is payable.
The Company will endeavour to re-rent the training room/s booked by Clients and where a replacement booking is made the fee for the replacement booking received by the Company will reduce the liability accordingly.

Internet Based Courses
The Company shall not be held responsible for any failure of the Internet howsoever arising which prevents training from taking place – should the Internet connection not be capable of being restored within 1 hour then the Company reserves the right to reschedule the training to take place on a mutually acceptable future date and/or make such changes to the course to enable to course to take place.

Services at Client or 3rd Party locations

The Client shall advise the Company of any health and safety matters applicable to a Client site and notify the Company of all applicable safety, security and other site rules, practices and procedures. The Client warrants to the Company that it owns or has obtained the appropriate consents and licenses for any software which the Company’s personnel may be asked to use as part of a service.

Intellectual Property Rights & Confidentiality
All Course notes and materials are copyright protected. Course notes and materials provided to delegates are on loan for the exclusive use of the individual delegate remaining the property of the copyright holder. No part of the course notes or materials may be reproduced or transmitted in any form, or by any means, electronically or mechanically, including photocopying, recording or any information retrieval system without the prior written permission of the Company. Course notes and materials are provided on loan subject to the condition that they shall not, by way of trade or otherwise, be lent, resold, hired out, or otherwise circulated without prior written permission of the Company. Any unauthorised use, duplication or lending of Course notes or materials without the prior written consent of the Company is strictly prohibited. Each party agrees that it shall maintain as confidential all information of a confidential or commercially sensitive nature that it obtains from the other party (or from any person on behalf of the other party) unless in the public domain and shall use such information solely to fulfill its obligations under these Terms or as may be required by law.
Non-Solicitation

The Client shall not either directly or indirectly solicit services of any person, partnership or company introduced to them by the Company for the purpose of providing software training or other services similar to those generally provided by the Company.

Complaints Procedure
In the first instance, any complaints should be addressed to your Account Manager at the Company who will investigate your complaint immediately and recommend a solution no later than five working days from the date of receipt of the complaint. If the solution recommended by the Account Manager does not meet with your satisfaction, the complaint will be referred to a “Director” for further investigation who will use all reasonable endeavours to attain a satisfactory solution within no more than ten working days of the initial complaint.

In the unlikely event that the complaint is not resolved by this stage, the final internal arbitrator will be the Managing Director of the Company who will research the information presented and enter discussions with all interested parties in an attempt to reach a satisfactory conclusion.

If at this point you still feel that your complaint has not been addressed to your satisfaction then you have the right to notify the Institute of IT Training of the outstanding complaint. The Company will supply the necessary forms, which should be completed and sent direct to the Institute of IT Training. If the Institute of IT Training is satisfied that a complaint is justified, the Company shall be bound by the Institute of IT Training’s decision on the matter.

These terms are governed by the laws of England & Wales and are subject to the exclusive jurisdiction of the English Courts.