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›Terms and Conditions for Training Services

Terms and Conditions for Training Services

  1. Definitions

“Agreement” means these Terms and Conditions together with the terms of any applicable Proposal Document .

“Customer” shall mean the person, company or organisation to whom The Company agrees to provide the service detailed in the proposal document.

“Company” means Credit Management Group UK (Merseyside) Ltd . Whose registered office is 1 Abbots Quay, Monks Ferry, Birkenhead, Wirral, CH41 5LH .Company registration No. 4950171

“Material” means  advice such as bit not limited to recommendations, instructions, opinions, guidance, or any data  contained within but not limited to  emails, reports,  documents, written and electronic material or the Company’s web site.

“Proposal Document ” means a statement of work, quotation or other similar document describing the goods and services to be provided by the Company:

“Service” means any training, coaching or other work delivered by the Company to the Customer within this Agreement.

2. Scope

  1. This agreement shall apply to all training services ordered by the Customer from the Company currently and in the future.

3. Credit Management Group UK’s Duties

  1. Subject to agreement by the Company, the Company’s duties to the Customer shall consist of any of the services detailed the proposal document.
    1.  The Company’s duties will be carried out at the Customer’s premises, the Company’s premises, a third parties premises or virtually online as advertised and agreed.   

4. Advertising

  1. The Customer undertakes not to use the Company’s name, logo or address in the press, publications, websites, social media or other online platforms or products without the prior consent of the Company.

5. Contract Duration

  1. The contract will start and end on dates mutually agreed by both parties in writing.
  2. Either party may terminate this Agreement forthwith by notice in writing to the other if:
    1. the other party passes or threatens to pass a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent     jurisdiction makes an order to that effect
    1. the other party ceases to carry on its business or substantially the whole of its business; or
    1. the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a   liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

6. Charges and Payment

  1. All sums due to,  including VAT at the relevant rate,  the Company under this agreement shall be payable by the Customer a minimum of 14 days before the date of delivery of the training or as detailed in the Proposal Document
    1. The Company reserve the right to charge compensation and interest at 8% above Bank of England prevailing reference rate, in line with ‘Late Payment of Commercial Debts Legislation (2002) as amended and supplemented, on all overdue balances.
  2. During the period that any payment under this agreement remain outstanding the Company at their sole discretion may withhold the provision of services and or any related documentation. 
  3. The Customer agrees to reimburse the Company all costs including legal costs incurred by the Company in connection with any actions to recover sums outstanding under this Agreement.
  4. All invoices submitted by the Company shall be treated as agreed unless the Customer notifies the Company of any discrepancies within 7 days of the date of the invoice.
  5. All charges under this agreement shall be subject to VAT at the prevailing rate.
  6. The Company may, at its discretion assign each customer a credit limit in the event the aggregate value outstanding from the customer exceeds this limit the Company reserve the right to suspend the provision of the  service forthwith.
  7. For the avoidance of doubt, time of payment shall be of the essence of this Agreement.

7. Delivery

  1. The Company will use all reasonable endeavours to deliver the training on the date agreed. However, if due to circumstances outside the Company’s control the company is unable to deliver the training on the dates agreed, the Customer will agree to rearrange the training to another date.  To clarify, time of delivery will not be to the essence of this Agreement.
    1. Written notice of cancellation sent by the Customer to the Company received within at least 21 days in advance of an agreed delivery date will not incur a cancellation charge. Cancellations from the Customer to the Company thereafter may be subject to the full fee
    1. A request from the Customer to the Company to rearrange agreed delivery dates must be received within 14 days in advance of agreed delivery dates. Requests from the Customer to the Company to rearrange agreed dates thereafter may be subject to an additional fee.   

8. Information

a.          The Customer undertakes to provide the Company all information and co-operation that the Company reasonably requires to enable the Company to perform and observe its obligation under this Agreement.

9. Intellectual Property and Copyright.

a.          The Company own the copyright to all Materials provided during delivering the Service.

b.          The Customer agrees not to use any Material in any way that infringes on the Company’s intellectual property rights in such Material.

c.          The Customer may download and print any Material provided by the Company which it may then use, copy or reproduce for the Customers own internal purposes. However, under no circumstances is the Company permitted to use, copy or reproduce any Material with a view to profit or gain. In addition, the Customer must not sell or distribute Material to any third parties.

10. Confidentiality

  1. The Company  shall not at any time during the contract (except so far as is necessary and proper in the course of our contract) or at any time after the contract has terminated disclose to any person any information as to the practice, business dealings or affairs of the Customer or any of the Customer’s clients or as to any other matters which may have come to the Company’s by reason of the contract.

11. Data

  1. The Company shall treat all information concerning the client, its business and financial affairs in complete confidence.
    1. b.Data Protection Act 1998 Where  the Companyis provided with personal as defied by the Act data, the data will be processed to enable the Company to carry out its debt collection services and associated activities. The data will be held securely. The Companyis registered under the Data Protection Act. Registration number Z9053428.

12. Assignment

  1. The Company shall have the right to assign or otherwise delegate all or any of its rights and obligations under this agreement to associate companies or other persons on serving 30 days notice to the Customer.

13. Liability

a.          The Customer agrees that the Company’s advice provided as part of this agreement is based on their qualifications and experiences and is intended to serve as guidance only and does not constitute legal advice. Therefore, the Customer relies on such advice at their own risk. Any advice given by the Company in any format should not be considered as a replacement for professional legal advice.

b.          The Company or any company within the CMG UK Group will not be liable for any decision made or action taken in reliance on the advice or information provided in Material or verbally or for any consequential, special, or similar damages, even if advised of the possibility of such damages.

14. Damages

  1. The Customer agrees with the Company that liability for any damages arising out of the provision of the service to the customer by the Company whether caused by Credit Management Group UK’s negligence or otherwise is limited to actual damages and shall in any event not exceed 1 monthly invoice value for the provision of the service as detailed the proposal document. The Customer and the Company agree that as damages would be difficult to ascertain and quantify this provision liquidates the damages and is not a penalty.

15. Force Majeure

  1. Neither the Customer nor the Company shall be liable for any loss or damage which may be suffered by the other due to causes beyond the first party’s control including acts of God, war, weather, failure or interruptions in power supply, flood, drought, lightning, fire, strike, lock-out, trade disputes, epidemic,  Government recommended action, riot or failure or interruptions suffered by network providers.

16. Notice

  1. Any notice to be given by either party to the other may be served by personal service or by post to the address of the other party given in the Proposal Document  or such other address as such party may from time to time have communicated to the other in writing, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

17. Credit risk reports

Where the Company provides credit risk reports to the customer as part of their service, the following conditions shall apply

  1. Proprietary Rights
    1. Except as expressly provided herein access to the Service does not grant the Customer any database rights or rights in the copyright, trade marks or any other intellectual property rights of the Company or any third party.
    1. The Service made available to the Customer is protected by copyright and other intellectual property rights. The Customer are not permitted to copy, reproduce or modify any element of the Service without the Companies and ant relevant third party’s written permission. The Company and relevant third party  may take steps to assist identification of its Service including (without limitation) data encryption, addition of dummy records or any other technical or other method the company or relevant third party considers necessary.
  2. Customer’s Obligations and Conduct
    1. The Customer agree to abide by all laws & regulations applicable to your use of the Service and not withstanding fore going to comply in all respects in the Data Protection Act 1998, including obtaining consent before searching an individual (where applicable).
    1. The Service made available to the Customer  is provided solely for their own use and you will not, without the Company’s or relevant third party’s written permission, transfer or sell or attempt to transfer or sell your access to or use of the Service (or any part or facility of it) or any of your rights or obligations under this Agreement to any other person
    1. During this Agreement the Customer agree not to:
      1. Use the information or materials fraudulently, in connection with or forpurposes of committing a criminal offence, or otherwise unlawfully;
      1. Attempt to gain unauthorised access to the information or  materials,  means whatsoever; or
      1. Modify any of the information or  materials.
  3. Obligations, Warranties and Limitation of Liability
    1. The material and information that the customer is provided with is collated from Public Sources that are out of the Company’s or relevant third party’s control. Whilst the Company and relevant third party aims always to maintain a quality fully operative service, the Service and Alliance Partner services are nonetheless provided on an “as is”, as available basis without warranties of any kind, whether express or implied.
    1. Specifically the Company or relevant third party gives the Customer no warranty or assurance about the contents of the Service. Whilst the Company & relevant third party does endeavor to maintain the accuracy and the quality of the Service, they may be incorrect or out of date.  Therefore any use the Customer  make of the Service is at their  own risk.
    1.  The Company and relevant third party disclaims all liability in contract (including negligence) or otherwise in connection with the Service and Alliance Partner service for any indirect, incidental, third party, special or consequential loss, loss of profit, revenue, savings or data which may result from the use, delays in use, or inability to use the Service.

18. Governing Law

These terms and conditions shall be governed by and construed in all respects in accordance with the laws of England and both parties agree to be bound by the jurisdiction of the English Courts.

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