Sixfold Terms and Conditions of Contract
All contracts for the sale of products or services made by either Sixfold Ltd, PLCoaching Ltd or Sixfold International Ltd (hereinafter termed Sixfold Ltd) are deemed to incorporate these Terms and Conditions of Contract which shall prevail over any other document or communication between the parties unless otherwise agreed in writing.
For the purposes of this document the term "Report" shall include all documents or information created or produced by Sixfold in response to a request from a customer. "Training" shall include training courses, facilitation, workshops and seminars and the related reports, presentations and support material. The term "Customer" shall include any individual or organisation who has entered into a contract with Sixfold Ltd for the supply of consultancy, products or training services or combination thereof.
Orders
Orders and bookings for any Sixfold Ltd product or service will only be accepted if a valid purchase order is received by Sixfold Ltd from the Customer or the full purchase price is received by Sixfold Ltd in advance unless otherwise confirmed in writing in advance by an officer of Sixfold Ltd.
Once a order or booking has been accepted in writing by Sixfold Ltd, cancellation terms apply. Sixfold Ltd reserves the right not to accept any Customer order.
Substitutions
Sixfold Ltd will use all reasonable endeavours to provide nominated staff for agreed work. In the case of a substitute being provided, Sixfold Ltd warrants that the substitute will be suitable for the work to undertaken.
Suitably qualified delegates may be substituted at any time by the Customer prior to the start of a training course once written notification of the intended change has been received by Sixfold Ltd.
Sixfold follows a policy of continuous improvement for all products and services. Sixfold reserves the right to alter any product or service at any time in accordance with this policy.
Cancellation & Transfer Charges
Cancellation and transfer fees will be charged as follows:
- For cancellation less than 10 working days prior to commencement of the activity: 100% of fees due plus any agreed expenses incurred.
- For cancellation less than 20 working days prior to commencement of the activity: 50% of fees due plus any agreed expenses incurred.
- For cancellation more than 20 working days prior to commencement of the activity: 10% of fees due plus any agreed expenses incurred.
Consultancy
No part of a Report may be resold, reproduced, stored in a retrieval system, or transmitted, including photocopying and recording, in any form or by any means, without prior permission in writing from Sixfold Ltd.
Except as herein provided Sixfold Ltd will not be liable in any circumstances for any loss or damage whatsoever or howsoever caused (including without prejudice consequential loss of profit) arising from the supply, delay in supplying or failure to supply the Report or any part thereof.
Whilst Sixfold Ltd will make reasonable endeavours to adhere to any delivery date stipulated by the Customer or stated by Sixfold Ltd the adherence to any such date shall not be a term or condition of sale and Sixfold Ltd shall not be liable to make good any damage or loss to the Customer, arising directly or indirectly out of delay of delivery of the Report.
Whilst Sixfold Ltd will endeavour to ensure the highest standard and quality of any Report, Sixfold Ltd does not give any warranty as to the quality or fitness for any particular purpose whether or not the Customer makes known to Sixfold Ltd expressly or by implication any particular purpose for which the Report is being purchased.
Training
Suitability of Training Delegates
The Customer is responsible for ensuring that the backgrounds of delegates are suitable for any Sixfold Ltd training course that they are attending. Sixfold Ltd will not be liable for any refund in the case where delegates do not meet the course prerequisites.
Public Training
Public training course fees cover the cost of training materials and books supplied by Sixfold Ltd, use of appropriate facilities, lecturer's time, refreshments and any room or equipment rental Sixfold Ltd undertakes. Where relevant and if notified in advance, examination fees and other related expenses will be charged to delegates or the Customer as the Customer requires.
Public courses may be undertaken using portable equipment such as laptop computers and may be in rented accommodation such as a hotel conference room or similar. Customers agree that they understand and accept this and shall advise Sixfold Ltd if this is likely to be inappropriate for the delegate(s) concerned.
Provision of delegates lunch and other subsistence, travel and accommodation requirements associated with Sixfold Ltd public courses will not be made by Sixfold ltd and will the responsibility of the Customer or the individual delegates as the Customer requires.
Unless a written arrangement is in place between Sixfold Ltd and the Customer, payment for training is due in advance; delegates will not be permitted to enter the training room if advance payment has been not been made and cleared funds are available to Sixfold Ltd. The cancellation terms above shall apply in any case.
In-House (Onsite) Training
Where delivery of Training is made on Customer premises, all responsibility for training facilities and logistics rests with the Customer. In the event that the training facilities or any required audio/visual aids are unavailable, any subsequent consequential expenses for delays and provision of alternative facilities or audio/visual aids shall be borne by the Customer.
Customers are responsible for ensuring that facilities, equipment and materials suitable for the conduct of the course are supplied in accordance with the agreed course requirements. In particular, Customers are responsible for (but not limited to) the provision of:
- A suitably equipped training room.
- Student workspaces, typically a table/desk top sufficient to accommodate books and writing materials and a chair.
- Break out facilities where planned in advance.
- Delegate and tutor refreshments.
- Toilet facilities.
- Visual aids: two whiteboards or, preferably, flip charts, a projector suitable for connecting to a laptop computer and a screen suitable for the projected image.
- Internet access.
- Special needs requirements.
Sixfold Ltd may be able to provide a PC projector suitable for the delivery of training for an additional fee. Please ensure that there is no ambiguity about ordering the Sixfold Ltd equipment if it is required.
Unless otherwise agreed, in-house training charges cover provision of tuition, a full set of course notes and reference material (where appropriate) per delegate.
Additional rechargeable costs are the tutor's travel, accommodation and subsistence expenses plus miscellaneous and office expenses which will be agreed in advance.
Maximum Class Size
The maximum class size for training is 12 persons. In extreme cases it has may be possible to stretch the size of groups to 15, but Sixfold Ltd counsels against such large classes where supervision during exercises will necessarily suffer. Class sizes over 12 persons will normally require a second instructor and must be agreed with Sixfold Ltd beforehand in writing.
Tools and Methods
Sixfold Ltd grants a restricted licence for the use of its products and services limited to the delegates on a Sixfold Ltd Training event or the department who commissioned a Sixfold Ltd report and the product or report they were provided by Sixfold Ltd. This licence is not transferable and ceases if the delegate leaves the employ of the Customer (or in the case of a department, if the department is sold, transferred or the ownership of the department changes).
Products
The risk in any products supplied by Sixfold Ltd to the Customer under the terms of this agreement shall pass to the Customer upon delivery of the Products to the Customer.
Title in any consignment of products shall pass to the Customer only when Sixfold Ltd has received payment in full for the products and funds have cleared in the Sixfold Ltd account.
The Customer may not sell, loan or otherwise transfer the products to any other party without prior written agreement from Sixfold Ltd.
Sixfold Ltd warrants that all products are of merchantable quality, fit for purpose and guarantees the products against defects in manufacture.
Travel and Subsistence Costs
Travel and subsistence costs for staff engaged in delivery of consultancy or training where it is necessary to work away from Sixfold Ltd's offices shall be recharged at cost unless otherwise agreed in writing.
Time spent travelling shall be considered to be time worked on the delivery of the contracted services.
Property and Title
Reports and any consultancy material produced by Sixfold Ltd on behalf of The Customer shall be severally and independently owned unless otherwise agreed in writing. The customer and Sixfold Ltd shall be entitled independently to make any use of the material as the individual property of its own without requiring permission or authority from the other party.
The intellectual property of all training course material produced by Sixfold Ltd shall be owned by Sixfold Ltd unless otherwise agreed in writing. The Customer shall be entitled to make use of the course material for its own internal use once permission or authority from Sixfold Ltd has been received in writing. The Customer agrees not to provide subsequent training using any material covered in the course without prior written agreement from Sixfold Ltd.
Risk of damage to or loss of consultancy or training materials shall pass to the Customer at the time of delivery.
Liability
In no circumstances will Sixfold Ltd be liable to refund any amount in excess of the agreed fee for the deliverable in question. This applies in particular (but is not limited) to any travelling, subsistence or consequential expenses incurred by training delegates.
Sixfold Ltd shall not under any circumstances be liable for any indirect or consequential damages howsoever caused. Sixfold Ltd's liability in respect of any breach or non-performance of any order shall be limited to the refund of the invoice value to which the claim relates.
In the event that Sixfold Ltd is prevented from carrying out its obligations under a contract as a result of any cause beyond its reasonable control, such as, but not limited to, Acts of God, War, Strikes, Flood, Terrorism and Failure of third parties to deliver goods, Sixfold Ltd shall be relieved of its obligations and liabilities under such contract of sale for as long as such fulfilment is prevented.
Duties and Taxes
Any relevant duties or taxes including VAT will be added to the cost of all sales at the prevailing rate.
Carriage, Post and Packing
Carriage, post and packing for deliveries will be recharged at cost.
Payment Terms
Sixfold Ltd's standard payment terms are as follows:
- All invoices are due for payment within seven days of delivery.
- Payment must be received for Public Training course places before the training commences. Delegates for whom full payment has not been received before the commencement of the course will not be admitted to the course.
- If any invoice becomes overdue the Customer's full outstanding balance with Sixfold Ltd becomes due and payable.
- Sixfold Ltd reserves the right to charge interest on overdue invoices at 4% above the Bank of Scotland base rate in force calculated on a daily basis.
Payment shall be deemed to have been received only when the full amount has been credited to Sixfold Ltd's bank account and such monies are available as cleared funds without recourse.
Contract
If any provision herein is held to be invalid illegal or unenforceable the validity and enforceability of the remaining provisions shall not in any way be affected or impaired.
Waiver by Sixfold Ltd of any of the terms herein or the granting of time or indulgence by Sixfold Ltd to the Customer shall in no way affect Sixfold Ltd's rights hereunder.
The headings are for clarification and do not form part of the terms and conditions.
Any notice or demand to be given hereunder shall be in writing and shall be delivered by hand or by first class post. If posted any notice shall be deemed to have been delivered 48 hours after posting.
The law of England shall apply to all terms and conditions above.
