Terms and Conditions
SME Office Support terms and conditions of business for training are as follows:
The terms and conditions governing the provision of IT training services by SME Office Support with the exclusion of any other oral or written statement or agreement whatever its legal character
- ‘Customer’ means a company or individual that completes a booking form or enters into a contractual arrangement.
- ‘SME Office Support’ means SME Office Support
- ‘Attendee or delegate’ means the party or parties named as attendees on the course registration form.
- ‘Invoice’ means an invoice for the total charges for services delivered by SME Office Support to the customer.
- ‘Engagement’ means the delivery of consulting or training services for the charges stated on a booking form.
These Terms and Conditions shall apply to all work carried out in the provision of services by SME Office Support to the Customer in accordance with any order confirmation authorised by the Customer. No additions to, or modifications of, these Terms and Conditions shall have effect unless expressly agreed in writing by both parties and expressed to be amendments to these Terms and Conditions.
- Acceptance of order
- Bookings are made by electronically or manually signing a Booking Form supplied by SME Office Support.
- Confirmed bookings must be made electronically by email or using online digital signature software.
- Bookings will only be confirmed on receipt of your fully completed and signed booking form.
- Pricing and Payment terms
- All course and consulting fees are fixed, as per the booking form.
- Full payment is due two weeks prior to date of booking or before.
- SME Office Support reserves the right to charge interest on any outstanding balance at the rate of 5% above the prevailing Bank of England base rate.
- Payment can be made by Bank transfer or PayPal.
- The client agrees to pay for any loss or extra cost incurred by SME Office Support through the client’s instructions or lack of instruction or through failure or delay in taking delivery or through any act or default on the part of the client, its servants or employees.
- All invoices that have not been settled within ninety (90) days are automatically assigned to a debt collection agency.
- Rescheduling and Substitutions
- Delegate substitutions may be made prior to the start of the course without penalty, providing that the replacement delegate is suitable (see “Delegate suitability”)
- If a customer reschedules a booking a fee may be incurred – see point 6.2.
- In all circumstances SME Office Support require written notification of any points within this clause.
- Cancellations and Charges
- In accordance with our terms and conditions of trade, an order for the supply of Goods or Services may only be cancelled or re-scheduled in writing.
- The Client agrees to pay the Company a sum equal to the following percentages of the sums due in respect of a course invoice due to the company, which will be levied by a Cancellation Fee Invoice, by way of agreed damages if the course is cancelled at which such training services are to be provided, less than the following number of working days before course commencement.
14-21 days’ notice
8 – 15 days’ notice
0 – 7 days’ notice
Cancellation of course
Re-scheduling of course
- SME Office Support undertakes to provide training and consulting services on the dates specified except when external circumstances prevent this. In these circumstances SME Office Support will endeavor to re-run the course on a mutually agreeable basis.
- SME Office Support reserves the right to cancel an engagement up to the start date of the engagement unless 6.3 applies. In the event of a course being cancelled by SME Office Support, alternative dates will be proposed.
- SME Office Support takes no responsibility for loss of profit and/or for any incidental, consequential special or indirect losses as a consequence of exceptional cancellations.
- Any disputes or complaints regarding courses supplied by SME Office Support should be made to SME Office Support Ltd, 17 Kershope Drive, Oakwood, Derby DE21 2TQ within five working days of the completion of the engagement.
- In the event of any dispute made to SME Office Support, course evaluations or consulting evaluations will be examined and used in the first instance to evaluate the authenticity of any dispute.
- Delegate Suitability
- It is the Customer’s responsibility to ensure that the course is suitable for their requirements. All delegates should have read and understood the course outline and met the necessary prerequisites.
- SME Office Support reserves the right to ask a delegate to leave an engagement if the delegate does not meet the course prerequisites.
- SME Office Support urges clients to support this policy, which is designed to protect the Customer’s investment.
- Force Majeure
SME Office Support shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from, hindered in or delayed in the provision of services through any circumstances beyond its reasonable control including but not limited to strikes, lock outs, accidents, war, fire, acts of God, reduction in or unavailability of power, break-down of plant or machinery or shortage or unavailability of raw materials from normal sources of supply.
- Limitation of Liability and Indemnities
- Except as may otherwise be expressly provided in these Terms and Conditions and/or any applicable order confirmation, all warranties, conditions, terms, undertakings and representations of any kind whatsoever, express or implied, whether by statute, common law or otherwise, are hereby excluded by SME Office Support to the fullest extent permitted by law and SME Office Support shall have no other obligation, duty or liability whatsoever in contract, tort, statute or otherwise to the Customer.
- SME Office Support represents and warrants that the services provided hereunder will be performed in a professional, workmanlike and skillful manner consistent with the professional standards and the general customs and practices of the industry.
- SME Office Support further warrants that the services delivered under any order confirmation will conform in all material respects to the written specifications related thereto.
- SME Office Supports maximum aggregate liability for any and all losses, claims, demands, damages, costs and/or expenses of any kind whatsoever arising out of or in connection with any order confirmation and/or these Terms and Conditions (whether in contract, tort, by statute or otherwise) shall not, in total, exceed the amount actually paid by the Customer to SME Office Support for the services which are the subject of the order confirmation in question.
- Without prejudice to the generality of the foregoing, SME Office Support shall not be liable to the Customer (whether in contract, tort, by statute or otherwise) for loss of profits and/or for any incidental, consequential, special or indirect loss or damage arising out of or in connection with any order confirmation and/or these Terms and Conditions, including but not limited to: (a) loss of use; (b) loss of goodwill; (c) loss and/or corruption of data; (d) loss of information; (e) loss of business; (f) loss of goods; (g) loss of anticipated savings; (h) loss of revenue; (i) downtime; (j) any damage relating to the procurement by the Customer of any substitute services.
- For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses 12.5 (a) through (j) inclusive above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these Terms and Conditions and/or any order confirmation.
- For the avoidance of doubt, nothing in these Terms and Conditions and/or any order confirmation shall restrict and/or exclude in any way SME Office Support liability for (a) death or personal injury resulting from the negligence of SME Office Support, its officers and/or employees; and/or (b) fraudulent misrepresentation. The Customer is liable for any loss, damage or injury to SME Office Support staff or their property which may arise whilst working at the Customer location and is due to negligence or breach of statutory duty by the Customer.
- SME Office Support accepts no liability for the failure of any third party hardware, software and/or systems which may be the subject of any SME Office Support services: this includes failure to meet its operating specification and/or its ability to process date-specific data.
- No part of the training material may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, or otherwise, without prior permission in writing of the copyright owner.
- All Intellectual Property Rights for any product or service remain the property of SME Office Support unless otherwise stated or agreed.
- It is the Customer’s responsibility to ensure that they make adequate provisions to back-up their application, data and any other elements of the system. Unless a specific maintenance agreement is in place, SME Office Support does not guarantee to retain copies of the Customer’s application.
- SME Office Support may, by notice in writing to the Customer, cancel all or any part of any contract for the provision of services forthwith in the event that:-
- The Customer is in breach of any of these Terms and Conditions.
- In the event of any breach by the Customer of these Terms and Conditions, all outstanding sums due from the Customer to SME Office Support shall immediately become payable.
- Facilities and Access
- The Customer undertakes to make available suitable office, technology, software, printing and other facilities necessary for SME Office Support staff to undertake the work while at the Customer’s premises or working remotely.
- The Customer undertakes to make available access to suitably qualified staff to enable SME Office Support staff to perform their work.
Information which is stated to be confidential to the Customer and/or SME Office Support prior to or at the time of its disclosure shall be treated as such by the staff of both parties and shall not be disclosed other than with the appropriate party’s consent or until such information falls within the public domain through no fault of such staff.
- Governing Law
- This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- The parties irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).