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Terms and Conditions of Sales
Rubus Consultants Limited. (Rubus) agrees to supply any such Training Consultancy Services as may be requested by the User and to perform certain support services in respect of such Products as specified in this agreement subject to the terms and conditions of this agreement.
1. DEFINITIONS
“Rubus” or “Rubus Consultants” means Rubus Consultants Limited
“TRAINING” or “TRAINING CONSULTANCY SERVICES” means any consultancy and training services provided by Rubus Consultants as detailed in the approved Confirmed Training Contract provided to the User.
“USER” - means the person, firm or company placing the Purchaser Order and with whom the Agreement is made whether directly or indirectly through an agent or factor.
“CONFIRM DATE” shall mean the date when all of the following conditions shall apply:
The User has formally requested Rubus Consultants to provide a Training or Training Consultancy Service
Rubus Consultants has confirmed to the User that the Training or Training Consultancy Service requested is available.
Payment terms as set out in the Confirmed Training Contract have been agreed by the User.
“AGREEMENT” means the agreement between Rubus Consultants and the User under which the Training will be supplied, the Confirmed Sales Contract forms part of this agreement.
“TRAINING PARTNER” means the Company delivering a Training service when this cannot be supplied directly by Rubus Consultants. As far as Rubus Consultantsis aware, all Training Partners have the respective qualifications to provide the Training service to the User.
2. PRICES
The prices payable for the Training offered by Rubus Consultantsshall be the list price as quoted by Rubus Consultants at the date of the Agreement as set out in the Confirmed Training Contract provided to and accepted by the User.
The price does not include any travel, accommodation, meals or other related expenses unless explicitly stated within the Sales Training Contract.
All prices quoted are exclusive of Value Added Tax and this will be charged at the appropriate rate.
Where Training is provided within the UK, regardless of the Users country of origin, the point of supply for VAT purposes is the UK.
3. TERMS OF PAYMENT
By invoice, strict 30 days payment period
All User specific payment terms shall be set out in the Confirmed Training Contract received from Rubus Consultants.
Rubus Consultants is entitled to charge interest at 2% per month or part thereof on overdue payments.
4. TRAINING CONSULTANCY SERVICES
Rubus Consultants provides a wide range of high quality Training and Training Consultancy Services in conjunction with selected Training Partners.
The contents of course schedules are intended for general guidance only and do not form part of a contract. Rubus Consultants reserves the right to make any reasonable variations to public and in-house courses, including the content and location of the courses, without notice.
The notification of course availability and the location shown on the Rubus Consultants website is for general guidance and does not form any part of a contract. Before making any booking, travel and accommodation arrangements, please contact Rubus Consultants to confirm a booking via the receipt of a Confirmed Training Contract. Rubus Consultants cannot be held liable for any action taken where a Confirmed Training Contract has not been received first.
It is the responsibility of the User to ensure that the delegates meet the prerequisites of the course on which they are booked, and that the course content meets their requirements.
Rubus Consultants will perform the Training Services with reasonable skill and care. Any other conditions or warranties whether express or implied as to the quality of the Services are hereby expressly excluded.
Unless otherwise indicated, all courses are delivered solely in English and all delegates must be sufficiently proficient in English language before attending a course.
For courses not exclusive to one User, Rubus Consultants and its Training Partners reserve the right to refuse admission to the training premises by any person whom they consider in their absolute discretion to be unsuitable for admission onto the training premises or to remove any such person after the commencement of a course.
5. Cancellation, Transfers and Substitutions with respect to Training Courses
Rubus Consultants reserves the right to cancel or arrange an alternative date for a course. In such circumstances Rubus Consultants will endeavour to provide notice of cancellation or change to the User. In the event of cancellation the User will be entitled to a credit note for the course fee which can be used on an alternative Rubus Consultants course but Rubus Consultants shall not be liable for any other loss or expense arising.
The User may cancel the course booking by notifying Rubus Consultants in writing by recorded delivery as soon as reasonably practicable. The User shall also be deemed to have cancelled the course booking if the delegate does not attend the event.
The User shall be liable to pay a cancellation fee of 100% if the cancelation notice is received by Rubus Consultants in 15 or less working days from the start of the course.
In the event that the delegate is unable to attend the course booked Rubus Consultants will endeavour to transfer the delegate to an alternative course.
6. Liability
Rubus Consultants’s total liability for any loss or damage shall not exceed the price payable for the Services, except in cases of direct physical damage to the User’s property, personal injury or death.
Rubus Consultants shall not be liable howsoever caused for indirect or consequential loss including but not limited to: loss of profits; loss of revenue; loss of goodwill; loss of data; failure to achieve savings.
7. Force Majeure
Rubus Consultants shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or other cause beyond its reasonable control.
If Rubus Consultants is unable to perform its duties and obligations under this contract as a direct result of one or more such causes Rubus Consultants shall give written notice to the User of such inability stating the cause in question.
8. Intellectual Property Rights and Confidentiality
Copyright and all other intellectual property rights in the Products, Consultancy Services, Website and any instructional documentation provided and shall remain at all times the property of Rubus Consultants or it’s licensors if any and the User shall acquire no rights in any such material except as expressly provided in this Agreement.
The User undertakes that all material (including the Products, and any instructional documentation provided by Rubus Consultants) belonging to or under the control of Rubus Consultants to which the User gains access or receives directly or indirectly as a result of the operation of this Agreement shall not be used by the User or accessed by any of its employees or other person involved on its behalf in using Products or receiving the Support Services for any purpose other than for its own internal training nor shall any such material be disclosed to any persons involved on its behalf in using the Products or receiving the Support Services without the User ensuring that such a person is bound by an undertaking in substantially the same terms and the User shall enforce such undertaking at the request of Rubus Consultants. The obligations under this clause shall not apply to such material as the User is able to show at the relevant time has become public knowledge other than by reason of the breach of any term of this Agreement by the User, its employees or other persons involved on its behalf in using the Products or receiving the Support Services.
If so permitted by Rubus Consultants, or if not so permitted but notwithstanding any obligation to the contrary contained in this Agreement the User makes any alteration improvement enhancement or other modification to the Products or Consultancy Services all rights and property in such modification shall belong to Rubus Consultants and the User shall promptly provide Rubus Consultants with full details of such modification and shall take such steps as Rubus Consultants may reasonably require to perfect the vesting of rights and property in such modification in Rubus Consultants.
The User shall give prompt notice to Rubus Consultants of any allegation of infringement of copyright, trade mark, design right (registered or unregistered) patent or breach of confidence in respect of the Products and the Rubus Consultants shall have the exclusive right to control and direct the investigation defence and settlement of any claim based on such allegation.
The User shall give prompt notice to Rubus Consultants if the User becomes aware of any unauthorised use or exploitation of the whole or any part of the Products or Consultancy Services or any instructional documentation by any person or body.
9. General
The Contract shall only become effective at the Confirmation Date.
Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by Rubus Consultants or its Training Partners shall be subject to correction without any liability on the part of Rubus Consultants.
No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorized representative of Rubus Consultants.
Rubus Consultants may assign or sub-contract the whole or any part of the Contract to any person, firm or company.
These Terms and Conditions expressly exclude any right afforded the Training Partners or any other third party pursuant to the Contracts (Rights of Third Parties) Act 1999.
During the term of the Contract and for a period of 12 months thereafter, the User shall not directly or indirectly employ or solicit for employment any employees of Rubus Consultants or its Training Partners.
The invalidity or unenforceability for any reason of any condition, sub-clause or paragraph of these Terms and Conditions shall not prejudice or affect the validity or enforceability of the remainder.
These Terms and Conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.