Terms and Conditions

Definition

'Company' means Blue-Eye Training Ltd whose registered office is at 68 Kings Mede, Horndean, Hampshire, PO8 9TH.
'Contract' means the contract for the provision of Services by the company to the customer.
'Customer' means the person, funding body, firm or company ordering or buying Services from the company.
'Services' means the subject matter of the relevant Order or Contract.
'Intellectual Property Rights' means any patent, copyright, design, trademark, servicemark or other industrial or intellectual property right.
'Order' means the written order sent by the Customer for the supply of Services by the Company and includes booking forms, purchase orders and faxes, e-mails and letters whether sent by post or electronically.
'Terms' means the terms and conditions set out in this document.

Acceptance of order

No contract between the Company and Customer shall exist until an order has been accepted in writing by the Company. An acceptance by the Company incorporates the Terms and the Customer shall be deemed to have accepted the Terms unless the Customer notifies the Company in writing of any objections thereto within seven days of the date of the acceptance. No conditions or terms stipulated in any other communication or document shall amend or exclude any of the Terms except insofar as the same is expressly consented in writing by the Company.

Prices

Prices are based on the Company's current pricing policy, but the Company reserves the right to amend its quoted prices at any time prior to the commencement of any Contract. Quoted prices do not include VAT.

Services Breakdown

The percentages of learners' fees as paid are proportioned as follows for all services being booked and arranged in accordance with qualifications programmes.

Break Down of Fees for Tuition, Support and Qualifications Assessment Services

Services	Open Programme Learners	Client Programme Learners	Distance Learners
Student support prior to booking and order confirmation	0%	0%	0%
Student support to arrange programme, attendance, induction and registration	3%	3%	3%
Tuition on open programme (allocated proportionally between each study unit)	63%	58%	72%
Venue attendance (without overnight accommodation)	18%	n/a	n/a
Tuition on site (client programme)	n/a	26%	n/a
Tutorial support during study and unit assessment period	8%	8%	17%
Processing and marking assessments in accordance with Awarding Organisation's processes	8%	8%	8%
Once a unit has been studied by learners, the fees are apportioned according to the chart above and any services taken in accordance with the above are non-refundable. Services not utilised are refundable in accordance with the detail as contained within these Terms and Conditions.
Overnight accommodation (if applicable)	Charged separately: Fees are not refundable once used
Awarding organisation registration fees	Charged separately: Fees are not refundable under any circumstances

Credit

Learners will remain in credit for the duration of their training programme / qualification registration period (the service period); whichever is completed first. Unused credit will be held and reserved for the customer that is proportionate to the remaining duration of the service period so long as the learner is actively studying for their chosen training or qualification programme. Learners who have suspended their studies for a period of six months (183 calendar days) or more are deemed to be dormant and their credit will be proportionately reduced from this period. The rate of reduction will be calculated on a daily basis.

Payment

Payment will be due upon receipt of invoice which will be issued approximately 4 weeks prior to the course commencement date. Should the course commencement date be within 4 weeks of the booking date payment should be with order. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs in accordance with late payment legislation if we are not paid according to agreed credit terms. Payment should normally accompany return of booking form.

Cancellation by the Customer

Please note: Cancellations apply to the full programme or each part thereof. All programme change requests or cancellations must be made in writing by the Customer. The proportion of fes lost via cancellation are given below.

More than 28 days before the start of the course (or individual session): No penalty
14-28 days before the start of the course (or individual session): 50% of session or course fee
Less than 14 days before the start of the course, or individual session (or after commencement): Full session or course fee payable
No charge will normally be made for substitute delegates but no transfer of credit will be made outside the Customer's purchasing organisation.

Additional Services

Where the Customer requests additional Services, then such Services shall be subject to a separate Order before the Company can commence work.

Intellectual Property

All Intellectual Property Rights in the Services or arising from the Contract shall remain with the Company, unless expressly otherwise agreed in writing by the Company. The reproduction by whatever means of the Company's publications or any publication used by the Company in the performance of the Contract is expressly forbidden and the Company will not hesitate to take legal proceedings in respect of any breaches. If the Services are to be provided by the Company in accordance with a specification submitted by the Customer, the Customer shall indemnify the Company against all liability, loss, damage, costs and expenses suffered or incurred by the Company in respect of any claim for infringement of any Intellectual Property Rights of any other person which results from or arises out of the use of the Customer's specification.

Warrant and Liability

Any equipment supplied by the Company as part of the Service is guaranteed to be fit for its intended purpose. Save as expressly stated in the Terms, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law in respect of the provision of such Service. Except in the case of death or personal injury caused by the Company's negligence, the Company's liability in respect of a Contract shall be limited to the invoiced value of the Services provided under the contract and in no event shall the Company be liable for any consequential loss or damage (whether for loss of profit or otherwise) which arise out of the use, sale or supply of the said Services.

Force Majeure

The Company shall not be liable to the Customer or be deemed to be in breach of Contract by means of any delay in performing or failure to perform any of the Company's obligations in respect of the Services if the delay or failure was due to any cause beyond the Company's reasonable control.

Insolvency of the Customer

If (a) the Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order (being an individual or firm) becomes bankrupt or (being a Company) goes into liquidation (otherwise for the purposes or amalgamation or reconstruction); or
(b) an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
(c) the Customer ceases, or threatens to cease, to carry on business:
without prejudice to any other rights to remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further performance under the Contract without any liability to the Customer and if the Service has been provided but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

Charges and Cancellations by the Company

The Company reserves the right in its absolute discretion and without further liability to change dates, times and venues or cancel an event; in the case of cancellation all monies will be refunded. The Company's events are constantly updated and improved; The Company reserves the right at any time and without notice to alter content and to change trainers.

Law

The Terms and any Contract shall be constructed in accordance with English law and the Company and Customer submit to the non-exclusive jurisdiction of the English court.