Positive Safety Training Limited
Terms & Conditions
These Terms and Conditions shall apply to all Services provided by Positive Safety Training. These Terms and Conditions are published on our website and you are deemed to have accepted these once you book a course using a Booking Form.
1.1. The following terms shall have the following meanings in these Terms and Conditions:
1.1.1. “Booking Form” means the document which accompanies these Terms and Conditions detailing the Services to be provided to the Client and the Fee;
1.1.2. “Client”, “you, “your” and “your” means the person, firm, company or other legal entity to whom the Services are provided and whose name and address appears on the Letter of Engagement;
1.1.3. “Fee” means the fee specified in the Booking Form payable by the Client for the Services provided by Positive Safety Training;
1.1.4. “Force Majeure” means any event which is beyond the reasonable control of Positive Safety Training whereby it is prevented from or delayed in the carrying on of its business including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, extreme weather conditions, flood, epidemic, lock‐outs, strikes or other labour disputes, illness or an accident of a trainer (whether or not relating to Positive Safety Training’s workforce or that of any sub-contractor), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
1.1.5. “Intellectual Property Rights” or “IPR” means patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights of a similar nature, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world;
1.1.6. “Positive Safety Training”, “we”, “us” and “our” means Positive Safety Training Limited (company registration number 06957342) with a registered office address at e-Innovation Centre, Shifnal Road, Priorslee TF2 9FT;
1.1.7. “Services” means the training courses and/or any consultancy or advice provided by Positive Safety to the Client;
1.1.8. “Terms and Conditions” means the terms and conditions upon which the Services are provided and which are set out in this document.
2. Payment. 50% deposit will be required to secure your booking. The balance of the Fee is then due prior to the first day of your course. If booking within 2 weeks of the course date, the full payment is required with your form.
2.1. Payment may be made by bank transfer, cheque, credit or debit cards or cash.
2.2. If you have an approved credit account all invoices must be paid by you within 30 days of the date of the invoice preferably by bank transfer into our nominated bank account.
2.3. In the event of a query or dispute with an invoice you must notify us of your query or the nature of your dispute within 7 days of the date of the invoice. Failure to notify within this time will mean that you are deemed to have accepted the invoice in full and the full amount is due and payable. In the case of valid queries or disputes, you must pay us the undisputed amount by the due date. You are not entitled to set off any sum owing by you under this agreement against any sum that we may owe you.
2.4. Failure to pay on time will result in late payment charges which shall be calculated in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the date the payment was originally due until the date of actual payment.
2.5. We reserve the right to charge an administration fee for any late payment notices which we send to you in the event of your late payment. We also reserve the right to cancel any discount that we may have offered to you, to alter your payment terms and/or to suspend or cancel future Services in the case of late payment.
2.6. If we are not paid by the due date we may instruct a debt collection agency or law firm to collect our payment (including any interest and/or late payment charges) on our behalf. In such circumstances you will be liable to pay an additional sum to us which will not exceed the reasonable costs that we may have to pay the debt collection agency or law firm, who will add the sum to your outstanding debt on our behalf.
3. Monthly Payment Plan – in order to spread the cost of our Services we operate a monthly payment plan for certain approved Clients. The following additional terms shall apply:
3.1. The monthly Fee which has been agreed with the Client must be paid by the Client on the 1st day of each month preferably by bank transfer into our nominated bank account;
3.2. Payment of the monthly Fee entitles the Client to book the number of courses agreed with us which must be spread over an agreed period. The Client shall not be entitled to book all courses covered by the Fee to be held on the same month;
3.3. The Client may select from the courses which are displayed on our website;
3.4. If a Client fails to make a payment by the due date the Client shall not be entitled to book any further courses until payment is made in full and any courses already booked shall be automatically cancelled. The full total of all Fees for Services provided up to the date of non-payment shall become immediately due and payable by the Client.
3.5. In the event a course has to be cancelled for whatever reason, the cancellation charges set out in Clause 7 below shall apply and this shall be charged against the Fees already paid by the Client with the balance owing becoming immediately due and payable.
4. Fees. We reserve the right to alter the Fees from time to time. Any changes to the Fees will not apply to a confirmed booking for a course.
5. Booking. We take bookings in any way convenient to you. Verbal bookings represent the same formal contract as returning a signed booking form or online booking.
6. The Client shall at its own expense supply Positive Safety Training with all necessary information, documents or other materials within sufficient time to enable Positive Safety Training to provide the Service in accordance with the Booking Form. The Client shall ensure the accuracy of all information, documents or material supplied.
7. Cancellation Policy. In the event of course cancellation by the Client, the following proportion of the total Fees due will be payable, the time periods below being from the course start date. These terms are non-negotiable: -
4 weeks (20 working days) or less - loss of deposit
2 weeks (10 working days) or less - 75% of total Fee due
1 weeks (5 working days) or less - 100% of total Fee due
8. Cancellation by Positive Safety Training Limited –
8.1. Whilst every attempt is made to ensure that advertised courses run on the published date, we reserve the right to cancel or postpone any course, especially in circumstances where this is as a result of a Client(s) cancellation resulting in an unworkable minimum for the course. If this becomes necessary, as much notice as possible will be given and the Client will be offered a choice, with due consultation, of either
8.1.1. A full refund if the course has not yet commenced; or
8.1.2. An alternative date to commence or complete the course as appropriate to the circumstances.
8.2. We reserve the right to cancel or suspend your course at any time if you become bankrupt or insolvent, enter into any arrangement with your creditors, or being a company, go into liquidation or are wound-up, or being a partnership, are dissolved or if, in our reasonable opinion, one of the aforementioned events is likely to occur. You must notify us in writing immediately if any one of the aforementioned events occurs. In such cases you shall become liable to pay the total Fees if we have already started providing Services.
9. Failure to Attend. Notwithstanding the provision of clauses 7 and 8above, if any student fails to attend the course or any part of the course on which a place has been reserved, Fees in respect of that student will be payable by the Client in full. However, if the course on which a place has been reserved for a student has not yet commenced, a substitute student may be nominated by the Client for that course.
10. Force Majeure. Positive Safety Training shall not be liable to the Client or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of Positive Safety Training Training’s obligations in relation to the Service, if the delay or failure was due to a Force Majeure event.
11. Suitability. It is your responsibility to ensure that you, or your nominated candidates, are suitable for the booked course. We embrace inclusively and try and adapt our training to accommodate everybody. However, people can be temperamentally or physically impaired and, in these cases, may fail the course. Any special requirements for students need to be advised to the Positive Safety Training trainer and discussed before the start of the course. If a student is considered to be unsuitable in the opinion of the Positive Safety Training Trainer, with due consultation the student may be asked to leave the course.
For training at your venue Positive Safety Training require a clean and suitable training room with adequate lighting, ventilation and enough space to carry out practical and theory work in accordance with the group size – please contact us prior to the provision of the Service to discuss requirements.
12. Eligibility. We like to point out that candidates must have a valid First Aid at Work Certificate to be eligible for a Requalification/Refresher course; this is the full First Aid Course and not just the Appointed Persons’ Course. We require a copy of this certificate before the course starts.
13. Changes to Services. Positive Safety Training may at any time without notifying the Client make any changes to the Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Service
14. Certification. We require candidates to attend the full course and to pass any practical and/or theoretical assessments to earn certification. Some courses are assessed with an exam, practical assessment or both and not all are time based. Remedial training will be quoted upon request. Our courses are time based. Candidates that do not achieve the required performance standard within the given time will fail the course. In the unlikely event that this happens we would be delighted to provide remedial training, charged by the hour, to get candidates to the required standard. Certificates will be issued as appropriate at the end of a course. Replacement certificates may be ordered at a cost of £15 +VAT subject to confirmation of identification. We will issue replacement certificates without charge if an error by Positive Safety training is identified. Replacement certificates will be issued with the name of the learner at the time of the examination.
15. Health & Safety. The Client is required to ensure compliance with legislation, regulation, Codes of Practice and guidance laid down by the Health and Safety Executive with regard to the suitability of premises provided for courses at a Client provided venue. First Aid training is practical and active. We would normally expect participants to be capable of kneeling, bending, lying down, performing simulated CPR and able to take a full and active part by acting as casualties for both the trainer/s and each other. If you feel uncomfortable or have any concerns whatsoever please do not hesitate to inform our experienced trainer/s who may well have a strategy for helping you throughout the course.
16. Insurance – Positive Safety Training carry public liability insurance to a limit of £5 million. The Client is required to insure any equipment provided for In-house training against accidental damage.
17. Data Protection. We comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
18. Disclaimer and Liability.
18.1. Positive Safety Training warrants to the Client that the Service will be provided using reasonable care and skill. Where Positive Safety Training supplies any goods supplied by a third party in connection with the provision of the Services, Positive Safety Training does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise. We train you to the best of our abilities to give first aid and to protect yourself whilst doing so. That does not make you a medical expert or invulnerable to injury and infection. We accept no liability whatsoever for your health and wellbeing or that of any individuals you give first aid to, once you finish our course.
18.2. Positive Safety Training shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
18.3. Positive Safety Training shall not be liable for any loss, damage, expense, injury or delay of any kind to the Client, employee of the Client or any third party, by any act, default or omission howsoever caused, except in insofar as such liability cannot be excluded by law.
18.4. Except in respect of death or personal injury caused by Positive Safety Training Training’s negligence, Positive Safety Training shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Booking Form, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Positive Safety Training, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or its use by the Client, and the entire liability of the Supplier under or in connection with the provision of the Service shall not exceed the Fees paid by the Client for the provision of the Service, except as expressly provided in these Terms and Conditions.
19. Alteration –Positive Safety Training reserve the right to amend these Conditions without prior notification to the Client. Any changes will be published on our website and you will be deemed to have accepted these changes when you make a booking following the display on the revised Terms and Conditions on our website.
20. Confidentiality - We hereby undertake to take all reasonable steps to keep confidential any information relating to the Client which we obtain during the course of this agreement where such information is of a confidential or commercially sensitive nature. This obligation of confidentiality does not extend to any information which (i) is in the public domain, (ii) was in our possession prior to the commencement date of the Services or (iii) was disclosed by a third party not acting in breach of a confidentiality obligation.
21. Intellectual Property Rights
21.1. The IPR in any training materials, hand outs, working methods and other material developed by Positive Safety Training when undertaking work for the Client shall belong to Positive Safety Training absolutely and the Client shall not be able to claim any entitlement thereto.
21.2. The Client is hereby granted a personal non-transferable, non-exclusive, royalty free licence to use any material produced by Positive Safety Training during the course of the Services for the Client for its own internal purposes only.
22.1. These Terms and Conditions and the Booking Form constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
22.2. Any notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
22.3. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
Positive Safety Training Limited
e-Innovation Centre, Priorslee, Telford, Shropshire, TF2 9FT
0800 999 4494