1. These terms and conditions are between Purple Dog Ltd (PD) and the Customer. They replace any previous terms and conditions of PD and are the complete and only terms and conditions between the parties. All dealings between PD and the Customer shall be governed by these terms and conditions which shall prevail over any others.
2. These terms and conditions and any contract formed pursuant to them may be varied provided any variation is confirmed in writing by an authorised representative of PD.
3. A binding contract will be formed when PD notifies its acceptance of a Customer’s order for goods or services (the ‘Contract’). An invoice will be dispatched or emailed prior to delivery of the goods or performance of the services and shall be payable on whichever date is sooner, within 30 days of the date of the invoice, or prior to the commencement of the earliest course. Up until this time (unless agreed) the booking is provisionally booked only. In agreement with PD, should a Purchase Order be produced at the time of course booking, payment can be made up to 30 days after the course has been undertaken. Should payment not be received within 30 days after course completion, then an additional 10% will be charged on the invoice amount, increasing by an additional 10% thereafter on a monthly basis and certificates will not be despatched until payment has cleared.
4. If the Customer is dealing as a consumer then they may cancel the Contract in accordance with the Consumer Protection (Distance Selling) Regulations 2000 up to the end of the working day from the date of receipt of the goods or the booking of a course (the ‘Cancellation Date’). The course may be cancelled up to 14 days before the start date of the course and a full refund will be given. If cancelled between 7 and 14 working days of the course start date, 50% of the fee will be charged. If less than 7 working days (Monday-Sunday inclusive) before the course start date, then 100% of course fee to be paid. The Customer must notify PD in writing on or before the Cancellation Date by letter or e-mail. This does not affect your statutory rights.
5. In the case of the provision of a training course by PD, certificates to prove completion of the course may be withheld by PD until payment is made. No refund shall be given and the full course fee shall remain payable should a delegate fail any course provided by PD and PD make no guarantee as to a delegate success- fully passing any course. If a delegate does not attend the full course, the fee shall remain payable and no refund shall be given. It is the Customer’s responsibility to ensure that a delegate is booked on and attends the correct course, no refund will be given in this instance. If a delegate attends a course and payment has not yet been made, the Customer accepts that payment is overdue.
7. Unless specified, Value Added Tax will be included in any price and will be charged at the rate in force at the time of quotation.
8. Interest on overdue invoices may be charged (at the discretion of PD as in paragraph 3) in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 until the date of payment and the Custom- er agrees to pay any reasonable expenses (not limited to expenses fixed by Court) incurred by PD in pursuing any outstanding debt or debts due from the Customer.
9. Nothing in these terms shall operate to exclude or limit PD’s liability for death or personal injury caused by its negligence, any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 or fraud.
10. PD shall not be liable to the Customer whether in contract, tort (including negligence) or otherwise for any loss of profit; anticipated profits; revenues; anticipated savings; goodwill or business opportunity; or for any indirect or consequential loss or damage whatsoever or for any failure to comply with its obligations due to an event beyond PD’s reasonable control. PD’s aggregate liability to the Customer whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the total sum paid or payable by the Customer to PD under the Contract.
11. PD shall not be liable for mistreatment of any person or property arising out of the Customer’s failure to follow the guidelines set out by PD in its publications or courses.
12. PD reserve the right to cancel and/or amend course dates, times, contents and venues. Every effort will be made to give the Customer as much notice as possible and offer a reasonable alternative. If these are not satisfactory, PD shall refund in full the price of the course. No further compensation will be given.
13. The Customer shall indemnify PD for any loss or expenses caused as a result of providing inaccurate information to PD, mistakes contained within the Customer’s order, changes to the Contract requested by the Customer or personal injury or death caused by the Customer not following PD’s guidelines correctly.
14. If the Customer becomes bankrupt or enters into liquidation, administration or administrative receivership or has a receiver of any of its assets appointed (or ceases or threatens to cease carrying on business) PD shall be entitled to cancel any outstanding Contract(s) without liability to the Customer and any sums outstanding shall become immediately due and payable.
15. If the parties are unable to resolve any dispute arising between them, either party may initiate an alternative dispute resolution procedure with the assistance of a mediator agreed by the parties or, in default of such agreement, appointed at the request of either party by the Centre for Dispute Resolution or such other similar body as is agreed.
17. Any written notice given under these terms and conditions shall be served either by registered post or by facsimile to the relevant party’s registered/principal office or last known address.
18. No other person or body who is not a party to the Contract has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the Contract.
19. These terms and conditions shall be governed and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.
Last Updated 28/03/2018