These are the Terms and Conditions from September 2013 to February 2016.
Delegates are now required to accept the current Training Terms and Conditions.
1. General Terms
These terms govern all training provided by Thriveftc to the exclusion of any terms imposed or proposed by you. Attendance at a course, confirmation of a booking or payment of any training fee will be deemed acceptance.
2. Provisional Bookings
When you make a provisional booking, Thriveftc will check the bookings and acknowledge availability by telephone or email. To retain your place on the course, you must provide written confirmation (email/letter/online) with a payment or Purchase Order to Thriveftc or by written acceptance of a Sales Order Confirmation produced by Thriveftc.
3. Confirmed Bookings
Once you confirm a booking, an agreement will be formed between us. The fee (together with VAT if appropriate) will then be invoiced with payment terms as follows:
Payment Terms on In-House Courses - Invoices will be issued in advance of the course start date. Our standard terms are payment within 30 days of the invoice date.
Payment Terms on Open-Access Courses - Payment is due on confirmation of your order, and should be received by Thriveftc at least 14 days prior to the course start date. Payment is due immediately if the booking is made within 14 days of the course start date.
Payment Terms on Third Party Training Courses - Full payment is due prior to course materials being issued.
4. Payment Method
Payment should be made directly to our bank account using the details on our invoice and quoting the invoice number. Cheques should be made payable to Fronting the Challenge Projects Ltd. Thriveftc reserves the right to levy a late payment charge, calculated at the rate shown on the invoice.
5. Joining Instructions
Joining instructions will be sent to delegates by email, where appropriate.
6. Cancellations and Transfers
For In-House course bookings, where the price agreed for a Cluster depends on your participation, we reserve the right to charge you a Cancellation fee in the event that you cancel or postpone the provision of our Services as set out below:
| As soon as course dates and your reserved places are accepted | 100% of Fee |
| Prior to agreement to join the Cluster | No charge |
6.1 For other In-house bookings and Open Access course bookings, we reserve the right to charge you a Cancellation Fee in the event that you cancel or postpone the provision of our Services as set out below:
| Less than 14 days notice | 100% of Fee |
| 15-28 days notice | 50% of Fee |
| Over 28 days notice | No charge |
6.2 Cancellation must be provided in writing either by post or email and the time is calculated from the time we receive the notice. Emails received after 5 pm or on non working days are deemed received on the next working day. Course places may be transferred to another.
6.3 Third Party Training Courses cannot be cancelled once materials have been issued.
7. Course Changes
The location and date of the course will normally be as advised at the time of booking. Thriveftc reserves the right to:
7.1 improve the specification and format of its courses for the benefit of its clients without notice;
7.2 change the Trainers without notice; and
7.3 change the location of the course and will advise the client as soon as any change is known.
7.4 cancel or reschedule any course and will advise the customer as soon as this change is known. Thriveftc will use all reasonable endeavours to avoid changes of this nature. When this is unavoidable Thriveftc will refund, in full, all monies paid by the customer, or at the customer's option apply all monies to a rescheduled or alternative course.
8. Force Majeure
Thriveftc shall be entitled to delay, cancel delivery or to reduce the amount delivered if it is prevented from, hindered in or delayed in the provision of Services through any circumstances beyond its reasonable control including, but not limited to, strikes, lock-outs, accidents, war, governmental actions, national emergency, acts of terrorism, protests, riot, civil commotion, explosion, flood, epidemic, fire, reduction in or unavailability of power or break-down of equipment.
9. Warranty and Liability
The client accepts that it is their responsibility to verify that the delegate has the necessary level of competence to be able to achieve the objectives of the course. Thriveftc's liability for loss and damage shall be limited to a claim for damages. The maximum aggregate liability will be the charges for the course out of which the loss or damage has arisen. Thriveftc will not be liable for indirect, special or consequential loss (including loss of anticipated profit or data), howsoever arising, even if it has been advised of such potential loss.
10. Copyright
You acknowledge that the copyright and all other intellectual property rights in all course materials shall remain the sole and exclusive property of Thriveftc. You undertake that you will not copy or permit the photocopying of course materials, nor disclose or permit the disclosure or sell or hire the same to third parties, nor use the same for running your courses except those licensed by Thrive.
11. Representations
No statement, description, information, warranty, condition or recommendation contained in any marketing materials, price list, advertisement or communication or made verbally by any of the agents or employees of Thriveftc shall be construed to enlarge, vary or override in any way any of these Conditions of the Contract.
12. Non-Solicitation
During the term of any contract, and for a period of 12 months thereafter, the Client will not directly nor indirectly employ or solicit for employment any members of Thriveftc's then current personnel. In respect of any breach of this Clause, Thriveftc, in addition to any other remedies available in this Agreement or at law, shall be entitled to recover from the Client liquidated damages of 75% of the gross annual salary of the member of Thriveftc employed or solicited for employment being a genuine pre-estimate of the lost revenue and the costs of recruiting and training a replacement.