1. Please read the following General Terms and conditions very carefully as they affect your use of the Website and your rights.
1.1 Your use of the Website is subject to these General terms and Conditions together with any more specific terms we may draw your attention to before you purchase any products from the Website.
1.3 The following definitions apply
a) “Consumer” shall have the meaning ascribed in section 12 of the Unfair contract Terms Act 1977.
b) “General Terms and Conditions” means these terms and conditions
c) “Specific Terms and Conditions” means the Specific terms and conditions tailored to cover any product or service that you may purchase through the Website, and which take priority over these General Terms and Conditions to the extent of any conflict between them.
d) “Web site” “Website” or “Site” means the web site you are browsing when you clicked on a link to these General Terms and Conditions, including all subsidiary pages.
e) "BEST SUPPORT", "we", "us" or "ourselves" means Best Support a trading arm of NWES whose registered office is at Norwich Enterprise Centre, 4b Guildhall Hill, Norwich, Norfolk, NR2 1JH.
f) "Course" shall mean any course of training arranged by BEST Support.
g) "Company" shall mean the employer of the delegate or the company entering into this agreement for training, advice or coaching
h) "Delegate" or “Candidate” shall mean any person accepted on a course.
i) “Client” shall mean any person entering into an agreement for advice or coaching.
j) “Advice Session” shall mean any one hour business advice service arranged by BEST Support whether delivered face to face, by telephone, email or other method as agreed by the client.
k) “Coaching Session” shall mean any one hour business advice service arranged by BEST Support whether delivered face to face, by telephone, email or other method as agreed by the client.
l) "Investment" and “Cost” shall mean the consideration payable for any course and is subject to the addition of VAT at the prevailing rate, which may be described as “Inclusive of VAT”
m) A course will have commenced when the first scheduled session is conducted.
n) "FAQ’s" means Frequently Asked Questions for www.bestsupport.org.uk can be accessed here: www.bestsupport.org.uk/faqs
1.4 Information Contained on the Web site
a) While we take all reasonable care to ensure that the information contained on the Website is accurate and up to-date, we make no representations, warranties or undertakings about any of the information content or materials provided on the Website (including, without limitation, any as to quality, accuracy, completeness or reliability). b) All material on the Website is provided for information purposes only and does not constitute legal, accounting or other professional advice, and it must therefore not be relied upon as such. You should arrange your own advice from a qualified party before acting in reliance on any of the information, or purchasing any of the products or services, available on or from the Web Site.
1.5 Updates and Changes
a) The Website is being updated and improved on an ongoing basis. We reserve the right to change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal; and
b) Changes to these General Terms and Conditions or to the Specific Terms and Conditions may be made at any time and your use of the Website, or the purchase of products or services, are subject to any such changes. You agree to check to see if any changes have been made to the General or the relevant Specific terms each time you visit the Website or purchase products or services from it.
1.6 Exclusion of liability to you from the use of the Web Site
a) The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
b) Any and all liability to you that may arise from your access to and use of the Web Site, whether due to negligence, breach of duty or otherwise, is excluded to the maximum extent permitted by law.
c) No warranty is given that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Web Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
d) We are not responsible for the content of other Websites that link to the Website, nor are we responsible for the content of any Website to which links are provided from the Website. Links to other sites are provided purely for your convenience and do not imply that we approve of those sites.
e) Nothing in these General Terms and Conditions shall be construed so as to exclude or limit the liability of ourselves for death or personal injury as a result of our negligence or that of its employees or agents.
1.7 Copyright and trade marks (Intellectual Property)
a) The copyright in all materials on the Website, including their design, layout, text, graphics, photographs and the source code and software belong to their respective owners. Trade marks (whether registered or not) company names and the like are the property of their respective owners.
b) You are licensed to view and temporarily store Website pages and their content in your browser’s temporary cache, and also to print out for reference a single copy for non-commercial purposes and off-line review. You may not sell or re-sell anything available from the Website, save to the extent expressly permitted pursuant to any product or service purchased by you from the Web Site where such permission is either expressly given or is a necessary attribute of the product or service concerned.
1.8 Force Majeure –supply of goods or services ordered through the Website
a) In connection with the supply of any goods or services ordered by you through the Website, we shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and we shall be entitled to a reasonable extension of our obligations to you (to the extent we owe any such obligations) should a force Majeure event occur.
b) If a Force Majeure event to which this clause applies shall occur, we agree to notify you as soon as practicable. If the Force Majeure event continues for more than 14 days, either party shall have the right to cancel the agreement and where services have been paid for in advance but have not been rendered, you will be entitled to a refund from the date of cancellation for all such services.
1.9 User name and password
a) The website may provide the facility to register in order to gain enhanced access privileges or in order to purchase products or services. If you register, it is your responsibility to maintain the confidentiality of your password. On no account should you disclose your password to anyone else. You agree to indemnify and hold us harmless for any loss or damage we may incur resulting from breach of this clause.
1.10 Data Protection
a) We take our obligations of confidentiality and the protection of your personal data very seriously. We will not, therefore, sell or make your data available to any third party without your prior consent, except for the following limited purposes
I. Your data may be passed to other companies, partnerships or organisations in the same or associated management or control as ourselves for marketing purposes or to provide you with new product information that we think may be of interest to you. You agree that we or our associates may communicate with you by telephone, email, fax, or by post to advise you of new products or services that we or our associates may offer. You understand that your data may be transmitted and stored overseas (including outside the European Union) as part of these processes.
II. You may amend any information provided to us as part of registration on the Website at any time.
1.12 Terminating the use of the Website
a) We may withdraw or suspend your right to access or use the Website at any time, without prior notice and without providing any reason.
a) No waiver by us (whether express or implied) in enforcing any of our rights shall prejudice our right to enforce such rights in the future
a) If any provision of these General terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected
b) In the event of there being any conflict between these General Terms and Conditions and the Specific Terms and Conditions that apply specifically to the purchase of certain goods or services through the Website, the Specific terms and Conditions shall prevail.
c) No person who is not a direct a party to any agreement covered by these General Terms and conditions shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
d) Where you are a consumer, you have the right to cancel and contract for the provision of goods or services, by notice in writing, at any time before seven working days have passed from the day after the contract was made. If, however, we have started to perform our side of the contract before you exercise your right to cancel, then the right to cancel is lost.
e) BEST Support is eligible for referral fees from certain partners where lead information generates new business for those partners.
a) This clause applies where these General Terms and Conditions or the Specific Terms and Conditions provide expressly or by implication for the service of notices.
b) Any notice required to be given under our Agreement with you or in connection with the matters contemplated by it shall, except where otherwise specifically provided, be in writing in the English language.
c) Any such notice shall be addressed to the usual business address of the other party and may be:
I. 1.15.c.I personally delivered, in which case it shall be deemed to have been given upon delivery at the relevant address if it is delivered not later than 17.00 hours on a Business Day, or, if it is delivered later than 17.00 hours on a Business Day or at any time on a day which is not a Business Day, at 08.00 hours on the next Business Day; or
II. 1.15.c.II. if within the United Kingdom, sent by first class pre-paid post, in which case it shall be deemed to have been given two Business Days after the date of posting; or
III. 1.15.c.III. if from or to any place outside the United Kingdom, sent by pre-paid airmail, or by air courier in which case it shall be deemed to have been given seven Business Days after the date of posting in the case of airmail or two Business Days after delivery to the courier, in the case of air courier;
IV. 1.15.c.IV. sent by facsimile, in which case it shall be deemed to have been given when despatched, subject to confirmation of uninterrupted transmission by a transmission report provided that any notice despatched by facsimile after 17.00 hours on any Business Day or at any time on a day which is not a Business Day shall be deemed to have been given at 08.00 on the next Business Day; or
V. 1.15.c.V. sent by electronic mail, in which case, it shall be deemed to be given when received but subject to the same provisions regarding receipt after 17.00 hours as apply to notices sent by Facsimile.
1.16 Governing law and Jurisdiction
a) Your use of the Website and the purchase of any products or services from it are governed in accordance with the laws of England and Wales.
b) The English courts shall have exclusive jurisdiction over any dispute or difference whatsoever arising out of or in connection with your use of the web site or the purchase of any products or services from it.
2. Specific Terms and Conditions
2.1 Definitions – see 1.1 above.
2.2 Ordering, registration and payment
a) All orders that you place through this website are deemed to be an offer by you to purchase the product or services that we supply subject to these Terms and are subject to acceptance of the order by ourselves.
b) We reserve the right to refuse any order or registration without supplying a reason.
c) You are presented with a range of choices during the ordering process. It is your responsibility to ensure that you read and understand these choices before you proceed with any purchase or registration. Please contact us during normal office hours if you are unsure about anything before you proceed with the purchase or registration (please note that while we endeavour to respond to enquiries promptly, we cannot guarantee to do so. It remains your responsibility to take advice about the product you intend to order before the order is placed).
d) Registration on a course must be made by completing a registration form provided by BEST Support.
e) Registration must be completed by a delegate and/or company before a place on the course can be allocated.
f) Registration will be deemed to have been accepted only when confirmed in writing or by email by BEST Support.
g) Course fees must be paid in full when placing the order via the website. In all other cases course fees must be paid in full at least 7 working days prior to the course date unless otherwise agreed in writing by an officer of BEST Support.
h) A delegate may lose a place on the course if payment has not been made.
i) An invoice will accompany confirmation by BEST Support of registration.
j) Where the condition at (g) above is not met, BEST Support reserves the right to charge interest at 2% per month until the fees are paid in full.
a) The price for any good or services that you purchase from us is as set out on the option you select and unless otherwise stated, all prices include VAT at the prevailing rate.
b) The total purchase price including VAT, if any, will be displayed in your shopping cart prior to confirming the order.
c) We reserve the right to periodically update the prices on the website and to add to, amend, or withdraw the products and services that we offer, without prior notice. Every effort is made to ensure that the prices are correct, but in the event of a serious error any transaction shall be voidable by us and you will then be entitled to a full refund.
d) We shall not be liable to anyone for withdrawing or amending any of the products we sell, or for refusing or failing to process an order.
2.4 Cancellations and refunds
a) For all bookings cancellations should be made in writing by email to email@example.com. We will accept a cancellation by phone on 0845 373 1125 but it must be confirmed in writing by email to firstname.lastname@example.org within 24 hours of the phone call.
b) Should a delegate, client or company cancel a course, advice or coaching session booking , BEST Support reserves the right to charge a fee on the following basis:
I. More than 30 days before the commencement of a course, advice or coaching session no fee will be charged.
II.Between 30 and 14 working days before the commencement of the course,advice or coaching session booking , 10% of the fees.
III. Between 14 and 7 working days before commencement of the course, 50% of the fees.
IV. Within 7 working days of the course, 100% of the fees.
c) A delegate can transfer his booking to a later course providing the cancellation has been made more than 14 working days before the course date. Transfers will then be made without an administration charge otherwise an administration charge of £10 will apply.
d) Changing delegate details. There will be no charge if a substitute person wishes to replace the original.
2.5 Cancellations of courses by Best Support
a) BEST SUPPORT reserves the right to alter any of the course content without prior notice and to cancel a course at any time without liability. In such circumstances, delegates will be offered an alternative date or a full refund.
b) BEST Support reserves the right to provide an alternative venue within 10 miles and presenter or instructor to those published.
c) BEST Support does not accept responsibility for any claims for consequential loss suffered by the delegate and/or the company following the cancellation or postponement of a course.
d) The liability of BEST Support for the cancellation or postponement of any course shall be limited to the course fees
2.6 Course, training and PDF self-study (eLearning) publications
a) BEST SUPPORT courses will include course materials sometimes provided on the day of a course and sometimes available for download subsequently. We will also provide training booklets on various subjects for purchase and self-study. Neither BEST SUPPORT, nor its employees, trainers or consultants can accept responsibility for any actions by any people reading such notes or interpreting the training course, in litigation, or responsibility for any loss incurred as a result of relying on the training or the notes. As is normal, professional advice should be sought.
b) No charges are made for course notes which are supplied as part of the course.
a) BEST Support reserves proprietary rights on all course notes and material provided for a company or delegate and all downloadable PDF self-study (eLearning) material whether provided free of charge or purchased from BEST Support and no part of any of these material or materials may be reproduced or transmitted in any form or by any means electronic mechanical photocopying recording or otherwise or stored in any retrieval system of any nature without the written permission of BEST Support.
2.8 Warranties and Liabilitiesa. BEST Support warrants that the courses will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with generally accepted industry standards and within the times referred to in the course details.
b. A full refund of the amount paid for the course is available under our guarantee if the course does not meet your expectations. Course aims and objectives are made clear at the start of the course and you will have an opportunity to inform the trainer if they do not meet with your expectations and explain what your expectations are. Your attention is drawn to 2.2C above. To be eligible for this refund you will need to make your dissatisfaction known to the trainer, on the day, by morning break for a half day course or lunch time for a full day course. You must send an email within 48 hours of the course end to email@example.com explaining why the course was unsatisfactory. If you download any of the materials made available to you on the course no refund will be payable. Upon receipt of your email we will follow our complaints procedure and you will may be invited to take part in a discussion and then informed of the outcome by an officer of BEST Support.
2.9 Incorporation of General Terms and Conditions
a) These Specific Terms and Conditions must be read together with the General Terms and Conditions above. The General Terms and conditions apply to any agreement between us and to your use of the Website generally, including for the avoidance of doubt, Clause 1.16, the jurisdiction and governing law clause.
2.10 Acceptance of terms
I. No variation can be made to these terms without written consent of an officer of BEST Support.
II. These terms of business are deemed to be accepted by the company by virtue of the completion of a purchase, registration form for a course or advice session and written confirmation of the booking.