Terms and Conditions
1. These terms and conditions are between PLURAL GROUP or any division of PLURAL GROUP and the Customer.
2. These terms and conditions and any contract formed pursuant to them may be varied provided any variation is confirmed in writing by an authorised representative of PLURAL GROUP.
3. A binding contract will be formed when PLURAL GROUP notifies its acceptance of a Customer's order for services (the 'Contract'). An invoice will be dispatched or emailed prior to the performance of the services and shall be payable on whichever date is sooner, within 30 days of the date of the invoice, or 14 days prior to the commencement of the earliest course. If the booking is made less than 14 days prior to the commencement of a training course, payment is due immediately on receipt of invoice. No payment has been made by the course start date then the customer will not be allowed to attend the course.
4. PLURAL GROUP reserves the right to cancel and/or amend course dates, times, contents and venues. Every effort will be made to give the Customer as much notice as possible and offer a reasonable alternative. If these are not satisfactory, PLURAL GROUP shall refund in full the price of the course. No further compensation will be given.
5. If the Customer wishes to cancel a booking then no refund or alternative course date will be given. If a delegate does not attend, the full course fee shall remain payable and no refund shall be given. It is the Customer's responsibility to ensure that a delegate is booked on and attends the correct course.
6. No refund shall be given and the full course fee shall remain payable should a delegate fail any course provided by PLURAL GROUP. PLURAL GROUP makes no guarantee as to a delegate successfully passing any course. Re-sits are available to delegates who do not pass first time and resit fees will be charged should this service be required. Fees and payment terms will be discussed should this be a requirement.
7. Unless specified, Value Added Tax will not be included in any price and will be charged at the prevailing rate in force at the time of course booking.
8. Interest on overdue invoices may be charged (at the discretion of PLURAL GROUP) in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 until the date of payment and the Customer agrees to pay any reasonable expenses (not limited to expenses fixed by Court) incurred by PLURAL GROUP in pursuing any outstanding debt or debts due from the Customer.
9. Nothing in these terms shall operate to exclude or limit PLURAL GROUP's liability for death or personal injury caused by its negligence, any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or fraud.
10. PLURAL GROUP shall not be liable to the Customer whether in contract, tort (including negligence) or otherwise for any loss of profit; anticipated profits; revenues; anticipated savings; goodwill or business opportunity; or for any indirect or consequential loss or damage whatsoever or for any failure to comply with its obligations due to an event beyond PLURAL GROUP's reasonable control. PLURAL GROUP's aggregate liability to the Customer whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the total sum paid or payable by the Customer to PLURAL GROUP under the Contract.
11. PLURAL GROUP shall not be liable for mistreatment of any person or property arising out of the Customer's failure to follow the guidelines set out by PLURAL GROUP in its publications or courses.
12. The Customer shall indemnify PLURAL GROUP for any loss or expenses caused as a result of providing inaccurate information to PLURAL GROUP, mistakes contained within the Customer's order, changes to the Contract requested by the Customer or personal injury or death caused by the Customer not following PLURAL GROUP's guidelines correctly.
13. If the Customer becomes bankrupt or enters into liquidation, administration or administrative receivership or has a receiver of any of its assets appointed (or ceases or threatens to cease carrying on business) PLURAL GROUP shall be entitled to cancel any outstanding Contract(s) without liability to the Customer and any sums outstanding shall become immediately due and payable.
14. If the parties are unable to resolve any dispute arising between them, either party may initiate an alternative dispute resolution procedure with the assistance of a mediator agreed by the parties or, in default of such agreement, appointed at the request of either party by the Centre for Dispute Resolution or such other similar body as is agreed.
15. Any written notice given under these terms and conditions shall be served either by registered post or by facsimile to the relevant party's registered/principal office or last known address.
16. No other person or body who is not a party to the Contract has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the Contract.
17. These terms and conditions shall be governed and construed in accordance with Scottish law and the parties submit to the exclusive jurisdiction of the Scottish Courts.