Booking Terms and Conditions

 These Terms and Conditions shall apply to the provision of the Services by Learning Pit Limited, a company registered in England and Wales under company number 12142540 and whose registered office is at Collingwood Buildings, 38 Collingwood Street, Newcastle Upon Tyne, England, NE1 1JF, to you, (the Client).

1 SERVICES
1.1 The Learning Pit provide the following categories of services:

1.1.1.  consultancy services which are events and training services that The Learning Pit provide in accordance with your specific requirements, either online or at a location of your choice, as detailed in the Proposal (“ConsultancyServices”); and

1.1.2 providing training videos to your specific requirements and as detailed in the Proposal (“Conferences”).

1.2 The Learning Pit will provide all of its services using reasonable skill and care and in a professional manner.

1.3 All descriptions and content on its website are intended merely to present a general idea of its services.

2 BASIS OF AGREEMENT

2.1 Following discussion with you, The Learning Pit shall produce a document setting out the specifics of the services to be provided (the Proposal).

2.2 The Learning Pit will treat each Proposal for its services as an offer by the Learning Pit for you to accept in accordance with and subject to these terms and conditions (“these Terms”). All Proposals are valid for a period of 30 days from the date of issue. If you should not accept the Proposal within this time period, the offer shall be deemed withdrawn.

2.3 No contract shall exist between you and The Learning Pit until both parties have agreed to the Proposal.Your acceptance of the Proposal creates the contract between The Learning Pit and you for its services (“its Agreement”).

3 PRICE AND PAYMENT

3.1 The price for the Services shall be set out inthe Proposal.

3.2 All prices are in Pounds Sterling and exclude VAT and any travel and accommodation expenses that may be required.

3.3 If The Learning Pit need to vary the price to take account of any substantial increase in its suppliers’ prices, changes in taxes and duties, errors or omission in the Proposal, The Learning Pit shall notify you in writing and allow you an opportunity to cancel your order.

3.4 Any requirement for travel and/or accommodation when The Learning Pit are providing Services will be notified in advance in accordance with its standard travel policy (which can be provided on request).

3.5 Unless a alternative payment terms are set out in the Proposal, you shall be required to pay 25% of the total charges within 7 days of accepting the Proposal, and the balance shall be payable within 14 days of performance of the Services.

3.6 The Learning Pit accept payment by credit and debit card and by BACS transfer.The Learning Pit also accept payment by BACS:

3.7 If The Learning Pit do not receive any payment on the due date then The Learning Pit may delay performance of the services until such payment is received by The Learning Pit.

3.8 Payment shall be made by you without any deduction or set off.

3.9 Interest at an annual rate of 8% above the base rate of the Bank of England from time to time will accrue daily (both before and after judgement) and be calculated on a daily basis on overdue accounts from the date of invoice until payment.

3.10 If your organisation requires a purchase order number to be stated on the invoice, please ensure that the number is quoted on the booking form.

4 YOUR RIGHT TO CANCEL

4.1 You have a right to cancel this agreement without giving any reason and this right can be exercised by emailing james@learningpit.org a notice of cancellation within the time limits set out below. You may exercise this right to cancel the services:-

4.1.1 at any time up to the date 12 weeks prior to the agreed delivery date for the services, in which case you shall be entitled to a full refund of the 25% deposit paid less any non-refundable travel and/or accommodation costs actually incurred;

4.1.2 at any time during the period of 8 to 12 weeks prior to the agreed date for delivery of the services, in which case you shall not be entitled to a refund of the 25% deposit paid and you agree to reimburse The Learning Pit for or any non-refundable travel and accommodation costs actually incurred within 7 days of receipt of such invoice.

4.1.3 at any time during the period of immediately prior to the agreed date for delivery of the services up to 8 weeks prior to the agreed date for delivery of the services, you shall The Learning Pit shall be entitled to charge 50% of the fees set out in the Proposal and you agree to reimburse The Learning Pit for or any non-refundable travel and accommodation costs actually incurred within 7 days of receipt of such invoice.

4.2 You have a right to postpone the performance of its services under its Agreement without giving any reason and this right can be exercised by forwarding to The Learning Pit at the address, or email address set out in condition 1 above, a request to postpone within the time limits set out below. You may exercise this right to postpone its Consultancy Services:-

4.2.1 at any time up to 4 weeks prior to the agreed delivery date for the services, in which case you shall be entitled to postpone its services free of charge (but shall reimburse The Learning Pit for any non-refundable travel and/or accommodation costs actually incurred);

4.2.2 at any time after the date 4 weeks prior to the agreed date for delivery of the services, in which case you shall be charged a postponement fee equivalent to the 25% deposit paid (and you shall be required to reimburse The Learning Pit for any non-refundable travel and accommodation costs actually incurred).

4.3 The Learning Pit reserve the right to defer the date of delivery or performance, or to cancel its Agreement without liability to you if The Learning Pit are prevented from or delayed in providing the services by any cause beyond its reasonable control (which includes explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary, local or other authority, strikes, lock-outs or other industrial actions or trade disputes (whether involving its employees or agents or of a third party) transportation delays or failures or serious illness or accident.In such circumstances, you may give written notice to cancel its agreement if the cause in question continues for a continuous period in excess of 90 days but in any event shall remain liable to pay for services delivered or supplied prior to such cancellation by The Learning Pit.

4.4 If you do not pay for the services within 7 days of the date payment is due, The Learning Pit may cancel its Agreement and any other agreement between The Learning Pit by giving 10 days’ notice and The Learning Pit will return any sum received by The Learning Pit up to that date less any reasonable expenses incurred by The Learning Pit.

4.5 If The Learning Pit cancel for any other reason, The Learning Pit will notify you in writing of the reasons for cancellation and refund in full all monies paid.

5 INTELLECTUAL PROPERTY RIGHTS

5.1 All intellectual property rights (including copyright) in all information and materials (including but not limited to copies of slides, delegate notes, training materials and handouts) provided to you in connection with its services (the “Materials”) shall belong to and shall remain the exclusive property of The Learning Pit. Nothing in its Agreement shall pass to you any rights of title or ownership in such intellectual property rights.

5.2 The Learning Pit grants to you a right to use and distribute the Materials that The Learning Pit provide to you within your own organisation and to make further copies of the Materials and to use and distribute those copies, provided that the Materials are not distributed outside of your organisation and the name ‘Sustained Success’ together with its copyright notice remains on all copies of those Materials.

5.3 The Learning Pit do not grant to you any licence (whether exclusive or otherwise) to modify, adapt, re-use or otherwise copy or incorporate all or part of the Materials (including the layout and design thereof) for use in other materials or publications.

6 LIMITS OF LIABILITY

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION

6.1 The following sets out its entire financial liability (including any liability for the acts or omissions of its employees, agents of or subcontractors) to you in respect of any breach of these Terms and any representation, statement or act or omission (including negligence) arising under or in connection with its Agreement and in respect of any contemplated performance or lack of performance.

6.2 Nothing in its Agreement excludes or limits its liability for death or personal injury caused by its negligence or for fraudulent misrepresentation.

6.3 Subject to condition 6.2-

6.3.1 The Learning Pit shall not be liable to you for:-

a) any loss of profit, loss of production, loss of performance, financial loss, depletion of goodwill; and

b) any indirect loss, damage, costs or expenses whatsoever;

in each case which arise out of or in connection with its Agreement or its completed performance or lack of performance; and

6.3.2  subject to condition 3.1 its total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance or lack of performance of its Agreement shall be limited to the price paid by you and set out in the Proposal.

7 GENERAL

7.1 Any communication given under these Terms shall be in

7.2 Each party undertakes to notify the other party in accordance with condition 1 if any address provided in accordance with condition 7.1 is no longer an appropriate address for the service of communications.

7.3 Nothing in these Terms or any arrangement contemplated by its Agreement shall constitute either party to its Agreement a partner, agent, fiduciary or employee of the other party.

7.4 No amendment or variation of these Terms (or any of the other agreed terms of its Agreement) shall be effective unless made or confirmed in writing and signed on behalf of The Learning Pit.

7.5 If any provision of these Terms shall be found by any court or body or authority of competent jurisdiction to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms which shall remain in full force and effect to the extent permitted by law.

7.6 The rights and remedies provided by these Terms are cumulative and (unless otherwise provided in these Terms) are not exclusive of any rights or remedies provided by law.

7.7 Its Agreement does not create, confer or purport to create or confer any benefit or right enforceable by any person not a party to it (except that a person who is a permitted successor to or assignee of the rights of a party to these Terms shall be deemed to be a party to these Terms).

7.8 Where The Learning Pit have agreed to provide services to you through a named consultant The Learning Pit will not subcontract its Agreement or any part of it or the services that The Learning Pit provide under it to any third party without your consent.Where a particular consultant is unable to provide the services due to any cause beyond the reasonable control of the consultant, The Learning Pit will use its best endeavours to find an alternative consultant, who would be acceptable to you.

8 GOVERNING LAW AND JURISDICTION

8.1 Its Agreement is governed by and shall be construed in accordance with the laws of England and Wales.

8.2 Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with these Terms and its Agreement.

9 ENTIRE AGREEMENT

9.1 These Terms constitute the entire agreement and understanding of the parties for the supply of the services and supersede any previous agreement between the parties.

9.2 These Terms shall govern its Agreement and the provision of its services to the exclusion of any terms and conditions which you would seek to apply at any time or which are implied by trade, custom or course of dealing.

9.3 You acknowledge and agree that:-

9.3.1 in placing an order for services that you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person, which has not been confirmed in writing; and

9.3.2 your only remedy in respect of statements, representations, warranties or understanding made or repeated in these Terms or in relation to these Terms shall be for breach of contract.

9.4 Nothing in this condition 9 shall operate to limit or exclude any liability for fraud