Nithcree Training Terms and Conditions

Nithcree Training Courses
Terms & Conditions

In these General Conditions:

Customer” means the company or individual booking the Courses;

Agreement” means the letter to which these General Conditions are attached, together with any schedules or attachments to that letter including these General Conditions:

Courses” means the relevant training course as specified in the letter to which these General Conditions are attached.

Premises” means the venue where the Course is held.

Nithcree Training Terms and Conditions

 

Nithcree Training Services
  • 1. Services
    • 1.1 Nithcree Training agrees to provide the Courses and the Customer agrees to pay for the same as stated in the Letter attached hereto and in accordance with the terms of this Agreement.
  • 2. Course Delivery
    • 2.1 Nithcree Training shall deliver the Courses in a professional manner and all Course syllabuses will be in accordance with that certified by the relevant approved governing body for the Courses;
    • 2.2 Courses will be delivered by appropriately qualified and experienced instructor(s) and consultant(s) approved by the relevant approved governing body for the Courses.
  • 3. Charges & Payment
    • 3.1 Nithcree Training Will invoice customer on request of course prior to course starting, Certification will only be given on receipt of full payment.
    • 3.2 Charges are inclusive of tuition, Course materials, assessment where applicable, and competence certification.
    • 3.3 Charges do not  include subsistence, travel, accommodation or living expenses, which delegates may incur in attending the Courses.
    • 3.4 Value Added Tax will be added to the invoice at the current rate of 17.5%
    • 3.5 If any sum payable under this Agreement is not paid on the due date for payment, save where such sum has been disputed in writing, the party in default shall pay to the other interest on such sum at 3% over the base lending rate from time to time of the  Bank of Scotland from the due date until payment (whether before or after judgment), such interest to accrue on a daily basis provided that this right shall not prejudice any other right or remedy in respect of any such sum.
    • 3.6 All payments to be made by Customer to Nithcree Training under this Agreement shall be made in full without any set-off, restriction or condition and without any deduction for or on account of any counterclaim unless otherwise agreed in writing by Nithcree Training.
    • 3.7 Nithcree Training shall be entitled at any time to suspend the provision of all or any part of the Courses if at any time any sums due from Customer to Nithcree Training, which have not been disputed in writing, shall not have been paid in accordance with this Agreement or if Nithcree Training shall reasonably form the view that Customer is or is likely to become unable to pay its debts when due.
  • 4. Substitutions, Changes of Dates & Cancellations
    (by the customer)
    • 4.1 The Customer may substitute a delegate on a Course at no additional charge subject to the new delegate meeting any relevant prerequisites as stipulated in clause 7
    • 4.2 The Customer may change the date of attendance of a delegate or cancel attendance at a course subject to the following scale of charges:

      Nithcree Training Course
      Notice to be given by the Customer to Nithcree Training:
        Change of Date Fee Cancellation Fee
      More than 7 days notice 50% 75%
      Less than 7 days notice 75% 100%
      No notice of non attendance given 100% 100%
    • 4.3 In relation to change of dates, the Customer agrees that if a replacement booking is not confirmed within 7 days then the applicable cancellation fee shall become payable.
  • 6. Substitutions, Changes of Dates & Cancellations
    (by Nithcree Training)
    • 6.1 Nithcree Training reserves the right to cancel or change a Course and undertakes to provide reasonable notice of such cancellation or change.
  • 7. Pre-requisites for Courses
    • 7.1 where the relevant governing body for a Course stipulates a prerequisite for delegate suitability attending that course; it is the Customers responsibility to ensure that such prerequisites are met. It is incumbent upon the Customer to consider the practical application of the relevant law to their businesses or organisations and, in the event of uncertainty, to contact the appropriate governing body for guidance.
    • 7.2 Nithcree Training does not
      • 7.2.1 take responsibility for determining a delegate’s suitability for training or
      • 7.2.2 assume liability for any condition or ailment held by the delegate which is exacerbated during training.
    • 7.3 If, during training, it is identified that a delegate cannot adequately perform set tasks, which are required during the Course to enable them to be certificated, then the Customer will be contacted by Nithcree Training. It is the Customer’s decision as to whether the delegate remains on the course until completed.
    • 7.4 Nithcree Training’s judgment as to a delegate’s performance during assessment and whether they have satisfied the requirements of the course shall be final. In the event that Nithcree Training determines that a delegate has not performed satisfactorily, that delegate will not be granted a certificate and will not be deemed to have acquired the skill set required by the relevant governing body. For the avoidance of doubt the Customer will remain liable for the full cost of the Course.
  • 8. Copyright
    • 8.1 Copyright and all other intellectual property rights in all Course materials shall at all times remain the property of Nithcree Training or any entity granting Nithcree Training the licence to use such materials as the case may be.
    • 8.2 The Customer agrees not to reproduce, sell, hire or copy Course Materials (in whole or in part) and not to use such materials except for the purposes of internal post Course reference.
  • 9. Limits of Liability
    • 9.1 Customer's only remedy against Nithcree Training, its employees and consultants for any breach or termination of this Agreement or breach of any other obligation whether in contract, tort or by statute arising out of or in connection with this Agreement or its performance (whether caused by negligence or otherwise) shall be limited to the value of any charges payable for Courses booked under this Agreement. Nithcree Training shall have no liability for any loss of profit, loss of sales, loss of business, loss of goodwill or reputation, third party claims or pure economic loss (in each case whether direct or indirect) or for any indirect or consequential loss.
    • 9.2 Nothing in this Agreement shall exclude or restrict Nithcree Training’s liability for death or personal injury caused by its negligence.
    • 9.3 Nithcree Training, its employees, agents and consultants shall not be liable for any and all liability and loss, damages, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by the Customer whether direct or consequential (including but without limitation any economic loss or other loss of profits, business or goodwill) arising out of any dispute or contractual, tortuous or other claims or proceedings brought against the Customer by any third party claiming relief against the Customer by reason of the use to which the instruction and advice obtained on any Course is put by the Customer or by any party with the authority of the Customer.
    • 9.4 Customer and Nithcree Training acknowledge and agree that the allocation of risk and liability contained in this Agreement is reasonable in all the circumstances. Neither party shall have any liability to the other whether arising out of or in connection with this Agreement or its termination unless proceedings are issued and served within one year after the date of termination or expiry of this Agreement.
  • 10. Loss and Damages
    • 10.1 Personal belongings and items belonging to or in the possession of the Customer or any Delegate brought onto the Premises are the sole responsibility of the owner and Nithcree Training accepts no responsibility for such items. Delegates using any car parking facilities provided at any Premises do so entirely at their own risk and Nithcree Training does not accept responsibility for damage, accident or loss resulting from such usage.
  • 11. Representations and Entire Agreement
    • 11.1 No understanding or representation which would have the effect of altering any term, obligation or condition of this Agreement shall bind either of the parties unless incorporated in this Agreement.
    • 11.2 Each party acknowledges that in entering into this Agreement it is not relying upon any representation, warranty, promise or assurance made or given by the other party or any other person, whether or not in writing, at any time prior to the execution of this Agreement which is not expressly set out in this Agreement, provided that neither this nor anything else in this Agreement shall exclude any liability which either party would otherwise have to the other in respect of any statements made fraudulently by that party prior to the date of this Agreement.
  • 12. Proper Law
    • 12.1 This Agreement shall be governed and construed in accordance with the laws of Scotland.
    • 12.2 The Scottish courts shall, have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement.
Nithcree Training Services

Driver CPC Training

Driver CPC is a European Union directive that affects all professional LGV (Large Goods Vehicle) and PCV (Passenger Carrying Vehicle) drivers.

For new drivers it introduces an initial qualification, the Driver CPC (Certificate of Professional Competence), which increases the amount of knowledge that drivers need before they can drive.

Funding your Training

There is funding that can assist with the cost of your training and development including Skills Development Scotland (SDS) Individual Learning Accounts (ILA). Contact us for further information.

Training Centres

Our training centres in Dumfries, Huntly and Carlisle serve Scotland and Northern England.

We can also deliver training directly at your own business location from our mobile classroom training vehicle.