Terms & Conditions
These terms and conditions apply between you, the user (including any sub-domains unless expressly excluded by their terms and conditions), and Eastern Region Roof Training Group Ltd, the owner and operator of this website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.
In these terms and conditions, user or users means any third party that accesses the website and is not either (i) employed by Eastern Region Roof Training Group Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Eastern Region Roof Training Group Ltd and accessing the website in connection with the provision of such services.
You must be at least 18 years of age to use this website. By using the website and agreeing to these terms and conditions, you represent and warrant that you are at least 18.
Terms and Conditions of Business
- DEFINITIONS
1.1 “Agreement” means the agreement of the Company to supply and the Customer to purchase the Services in accordance with these Conditions.
1.2 “Booking Form” means the booking form confirming the Services to be purchased and the Fee payable, signed by the Company and the Customer (and to which these Conditions are attached);
1.3 “Business Day” means any day which is not a Saturday, Sunday or public or bank holiday in England.
1.4 “Company” means Eastern Region Roof Training Group Ltd whose registered office is at Unit 6 Lower Street, Baylham, Suffolk, England, IP6 8JP.
1.5 “Customer” means the individual, business or company who signs the Booking Form to receive the Services.
1.6 “Conditions” means the terms and conditions of the business hereinafter contained.
1.7 “Fee” means the fee set out in the Booking Form payable by the Customer to the Company for the Services.
1.8 “Services” means the training, consultancy, brokerage and/or other services agreed to be purchased by the Customer from the Company as detailed in the Booking Form.
1.9 “Relevant Date” means the date the Booking Form is signed by the last party to sign it.
- CONDITIONS OF SALE
2.1 These conditions shall apply to all contracts for the supply of the Services by the Company to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
- PRICE AND PAYMENT
3.1 In consideration of the provision of the Services, the Customer shall pay the Company the Fee in accordance with these Conditions.
3.2 Unless otherwise provided in writing by the Company the Fee shall bear VAT at the prevailing rate.
3.3 Invoices and Joining Instructions will be issued to the Customer no more than 1 month in advance of the course commencement date.
3.4 The monies owed shall be payable immediately upon receipt of the invoice unless otherwise agreed in writing by the Company (such as a credit agreement).
3.4.1 If the Customer and the Company do not have a current credit agreement, then full payment must be issued prior to the course commencement date. The Company reserves the right to refuse Services in the event of non-payment.
3.4.2 If the Customer and the Company do have a current credit agreement, and an invoice exceeds the agreed credit terms, all monies overdue for payment shall bear interest calculated daily at 5% above the base lending rate of Barclays Bank PLC enforced at the discretion of the Company, until the date of actual payment of the overdue amount. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time (the ‘’Act’’) and it is agreed that this condition constitutes a substantial remedy for the purposes of Section 9(1) of the Act.
3.6 Fees may be subject to change.
4 ACCEPTANCE
4.1 The Customer shall be deemed to have accepted the Services by signing the Booking Form.
4.2 Save as otherwise permitted under these Conditions, after acceptance, the Customer shall not be entitled to reject the Services.
4.3 Delegate names may be changed by the Customer at any point prior to course commencement.
4.4 This agreement is legally binding on the Customer, and the Customer hereby undertakes and warrants that it has the full right, power and authority to enter these Conditions in accordance with its terms.
5 TERM AND TERMINATION
5.1 These conditions shall commence with effect from the Relevant Date and shall continue until the Company has delivered the Services and has received all outstanding monies from the Customer in respect of any Fees due in accordance with the Agreement and these Conditions.
5.2 Subject to these conditions, the Customer is liable to pay the Fees and entitled to receive the Services once the Booking Form has been signed by the Customer and received back by the Company.
5.3 Without prejudice to the foregoing provision, either party may terminate the Agreement forthwith at any time by notice in writing if the Customer shall:
5.3.1 fail to pay any sum due to the Company under this agreement on the due date; or
5.3.2 commit a material breach of any of the terms of this Agreement and in the case of a breach capable of remedy shall have failed to remedy the same within 14 days of notice in writing served upon them by the Company specifying in reasonable detail the breach complained of and requiring the remedy; or
5.3.3 become insolvent or have a receiver or manager appointed or make a composition with its creditors or enter a liquidation or be made the subject of a winding up or administrative order or the subject of a reconstruction or amalgamation; or
5.3.4 suffer any distress or execution of a legal process to be levied upon or threatened against its assets, or cease or threaten to cease to carry on its business.
5.5 For the avoidance of doubt it is agreed that payments made in advance will not be repayable by the Company to the Customer under any circumstances in the event of termination of the Agreement.
5.6 The Customer confirms that it will provide public liability insurance cover for the Company’s representatives during the period of the contract and whilst the trainers are on the Customer’s premises.
5.7 For the purpose of closed courses the Customer will make necessary arrangements at their premises or an alternative venue of their choice, for a suitable training room and facilities for the trainer as requested by the Company.
- CANCELLATION TERMS
6.1 The Customer is required to give the Company notice if it wants to cancel all or part of the Services. The following cancellation charges shall be payable by the Customer to the Company in relation to that part of the Services to be cancelled where the Customer gives notice of cancellation of the Services within the timeframes given below.
10 working days or more before commencement of the Services – No cancellation fee.
6-9 working days before commencement of the Services – 50% of the Fees due; or
0-5 working days before commencement of the Services – 100% of the Fees due.
6.2 Requests by the Customer to transfer delegates from one Service to another (e.g. from one course to another) shall be subject to the same deadlines and charges as cancellations as set out in condition 6.1 above.
6.3 The Company reserves the right to vary programmes, speakers, venues and course content or otherwise cancel the Services where necessary and without prior notice.
6.4 The Company reserves the right to refuse delivery of the Services to any of the Customer’s delegates if any Fees owing by the Customers to the Company remain outstanding including those payable with respect to previous Services rendered by the Company to the Customer.
- LIABILITY
7.1 To the extent permitted by law, neither the Company nor its trainers shall be liable to the Customer whether in contract, tort (including breach of statutory duty or negligence) or otherwise for any loss or special indirect or consequential loss of any nature whatsoever arising directly or indirectly out of the supply of the Services by the Company or occasioned to any person acting, omitting to act or refraining from acting in reliance upon the content or presentation of the Services or any error or defect therein or out of the performance, non-performance or delayed performance by the Company of the Services. Consequential loss shall be deemed to include but is not limited to, any loss of profits or anticipated profits, damage to reputation or goodwill, loss of business or anticipated business, loss of revenues or anticipated savings, damages, costs, expenses incurred or payable to any third party or any other indirect or consequential losses.
7.2 The Company does not accept any responsibility or liability in respect of loss or damage to Customer’s property, belongings or persons whether at their own premises or any other premises unless a statutory liability.
7.3 The Company does not accept liability for any detrimental or damaging act by its servants or agents except for its statutory liability.
7.4 Car parking facilities are available at the Company’s premises, although no responsibility for any loss or damage to property whilst using the company’s facilities will be accepted.
7.5 Any breakages/damages to the Company’s property must be reported immediately and a charge may be made.
8 CONFIDENTIALITY
8.1 The Company acknowledges that in the provision of the Services, certain confidential information and data relating to the Customer’s business may come within the Company’s possession. The Company undertakes not to use that information or documentation for its own or other unauthorised purposes or to divulge any such information to any persons for any purpose whatsoever.
8.2 Both the Company and the Customer shall each keep confidential each other’s business information and documents and shall not without the prior consent in writing of the other disclose to any third party any information or documents which it has acquired from the other because of discussions, negotiations and other communications between them relating to the Services.
8.3 By signing this agreement you are acknowledging that your information will be shared with CITB, CTR and ATO meeting current legislation requirements to share for the purposes of gaining this qualification.
9 COPYRIGHT
9.1 The Services and any materials supplied while the Services contain information confidential to the Company and/or its trainers. Copyright in the materials is owned by the Company and/or its trainers and the materials should not be copied or disclosed to any other person without the express authorisation of the Company.
10 GENERAL PROVISIONS
10.1 The Company reserves the right to alter the conditions from time to time. It is recommended the Customer re-reads these Conditions each time that it signs a Booking Form to ensure that it is aware of any changes that have been made to these conditions.
10.2 Force Majeure – the Company shall not be liable for any failure to fulfil its obligations caused by circumstances beyond its reasonable control if it has made reasonable efforts to fulfil its obligations under the Agreement.
10.3 Any notice required or authorised to be given under the Agreement shall be sufficiently served if delivered or posted by first class recorded delivery post to the registered office of the relevant party and shall be deemed to have been served on the date of delivery or three working days after the date of posting, whichever shall first occur.
10.4 The Company reserves the right from time to time and on more than one occasion to waive any of the obligations imposed by the Agreement on the Customer. No waiver by the Company of any breach of any of these Conditions shall constitute a waiver by the Company of any prior concurrent or subsequent breach of the same or any other condition.
10.5 The Customer shall not assign or otherwise transfer all or any of its rights, interests or obligations under the Agreement without the prior written consent of the Company.
10.6 The Agreement shall be governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English Courts.
10.7 Termination of the Agreement shall be without prejudice to all rights and remedies which either party may have against the other hereunder or at law and shall not affect any accrued rights or liabilities of either party or the coming into or continuance in force of any provision hereof which is expressly or by implication intended to continue in force on or after such termination.
10.8 The headings to these Conditions do not form part of the Conditions and shall not affect the interpretation.
Intellectual property and acceptable use
All content included on the website is the property of Eastern Region Roof Training Group, our affiliates or other relevant third parties. In these terms and conditions, content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by users. By continuing to use the website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
You may, for your own personal, non-commercial use only, do the following:
a. Retrieve, display and view the content on a computer screen.You must not otherwise reproduce, modify, copy, distribute or use any content without the written permission of Eastern Region Roof Training Group for commercial purposes.
Prohibited use
You may not use the website for any of the following purposes:
In any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the website.
In any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, or governmental order.
Making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
Links to other websites
This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Eastern Region Roof Training Group or that of our affiliates.
We assume no responsibility for the content of such websites and disclaim liability for any form of loss or damage arising out of the use of them.
The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
Privacy Policy and Cookies Policy
Use of the website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please view the link at the bottom of this website.
Availability of the Website and disclaimers
Any online facilities, tools, services or information that Eastern Region Roof Training Group makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Eastern Region Roof Training Group is under no obligation to update information on the website.
Whilst Eastern Region Roof Training Group uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Eastern Region Roof Training Group accepts no liability for any disruption or non-availability of the website.
Eastern Region Roof Training Group reserves the right to alter, suspend or discontinue any part (or the whole of) the website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the website unless it is expressly stated otherwise.
Limitation of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Eastern Region Roof Training Group accepts no liability for any of the following:
a. Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. Loss or corruption of any data, database or software
c. Any special, indirect or consequential loss or damage.
General
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place concerning the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Eastern Region Roof Training Group details
Eastern Region Roof Training Group Ltd of Unit 6 Lower Street, Baylham, Ipswich, IP6 8JP operates the website www.easternregiontraining.co.uk.
You can contact Eastern Region Roof Training Group by email on the contact page.