TERMS AND CONDITIONS
1.1 Magenta Coaching Solutions agrees to provide and the Customer to take and pay for the training courses and/or facilities supplied under this Agreement.
The terms and conditions of this Agreement apply to:
1.1.1 Individual standard and bespoke courses at Magenta Coaching Solutions and the Customer’s premises.
1.1.2 Courses provided under an annual contract with Magenta Coaching Solutions.
1.2 All Charges quoted by Magenta Coaching Solutions are valid for a period of sixty (60) days unless otherwise specified.
2. COURSE BOOKINGS
2.1 No provisional places may be held on courses. To secure a place on a course and release and relevant pre-course study materials, the Customer agrees that cleared funds must have been received by Magenta Coaching Solutions. Magenta Coaching Solutions reserves the right to refuse attendance to the course in the event that payment has not cleared or has bounced.
The Customer may not substitute personnel attending the course prior to the commencement of the course unless specific permission has been granted by Magenta Coaching Solutions.
2.2 The description and date and charges for the course are as set out on the website and in the information provided to the Customer on enquiry. Magenta Coaching Solutions reserves the right to improve the specification and format of its courses for the benefit of its Customers without notice to the Customer.
2.3 The course will be given at the confirmed venue with the Customer. Magenta Coaching Solutions reserves the right to nominate a reasonable alternative venue and will advise the Customer of this.
2.4 Magenta Coaching Solutions reserves the right to cancel or reschedule any course if the number of attendees is insufficient to justify running the course, or if Magenta Coaching Solutions is prevented from doing so by events beyond its reasonable control, including in particular, but not limited to, illness of lecturing staff.
2.5 In the event Magenta Coaching Solutions is obliged to cancel or reschedule any course under the provisions of clause 2.6 Magenta Coaching Solutions will notify the Customer forthwith. Magenta Coaching Solutions will, in addition, refund in full all monies paid by the Customer, or at the Customer’s option apply the monies to a re-scheduled, or alternative course.
Magenta Coaching Solutions accepts no liability for travel, accommodation or incidental costs incurred by the Customer in the event that any course is cancelled or rescheduled.
3 COURSES AT CUSTOMER PREMISES
3.1 By prior arrangement with Magenta Coaching Solutions Ltd, and subject to the provisions of this clause, Magenta Coaching Solutions Ltd, agrees that it will provide specified training course(s) to the Customer at the Customer’s premises for the charges agreed. Magenta Coaching Solutions Ltd, reserves the right to increase the charges in the event that the normal course day is extended owing to reasons beyond control, or by specific requests from the Customer incurring substantial and unexpected expense to Magenta Coaching Solutions Ltd.
3.2 The Customer shall be responsible for the provision of a suitable and secure training room at the Customer’s premises for the duration of the course, (the specifications of which will be agreed with Magenta Coaching Solutions Ltd, prior to the course being given) together with all heating, lighting and a suitable electricity supply and power outlets, at no cost to Magenta Coaching Solutions Ltd. The Customer undertakes not to change the room. Magenta Coaching Solutions Ltd will provide an instructor, course materials, audio-visual and appropriate computer equipment. If requested by Magenta Coaching Solutions Ltd, the customer agrees to make the training room available to Magenta Coaching Solutions Ltd, in advance of the course being given for the installation of computer and other equipment.
3.3. The Customer will indemnify Magenta Coaching Solutions Ltd, against any loss of or damage to the equipment and/or injury or death to its employees or agents arising out of its use of the equipment under the provision of this clause save where the same is caused by the negligence of Magenta Coaching Solutions Ltd.
4. BESPOKE COURSES
4.1 The Customer may request Magenta Coaching Solutions Ltd, to develop a new course or modify an existing course specifically to the Customer requirements.
4.2 If such a request is accepted by Magenta Coaching Solutions Ltd:
4.2.1 the Customer will analyse and determine its requirements for the course.
4.2.2 the Customer and Magenta Coaching Solutions Ltd, will jointly prepare and agree on the specification for the course, including but not limited to the content of the course, and course notes, the depth to which the content is to be covered, the time to be allocated to each subject, the number of days over which the course is to be given, and the type and level of the Customer personnel who will undertake the course. The Customer will confirm the foregoing matters in writing to Magenta Coaching Solutions Ltd, prior to any development work being carried out.
4.3 If the Customer wishes to modify a standard course, Magenta Coaching Solutions Ltd, will provide details of the subjects covered within the said course.
4.4 In consideration of carrying out the development or modification work on the course, the Customer agrees to pay Magenta Coaching Solutions Ltd, the current per diem charges. Any estimate of the amount of time necessary to develop the course shall be given by Magenta Coaching Solutions Ltd, in good faith but shall not be binding on Magenta Coaching Solutions Ltd. All charges for bespoke work are due and payable to Magenta Coaching Solutions Ltd, upon completion of the development work, whether or not the course is given by Magenta Coaching Solutions Ltd, and the Customer agrees to pay Magenta Coaching Solutions Ltd, invoice pursuant to clause 5.4.
4.5 The Customer may request Magenta Coaching Solutions Ltd, to vary the extent or content of the course either during or after development. All such requests will be in writing. Magenta Coaching Solutions Ltd, shall not unreasonably refuse to carry out such variation. The Customer agrees to Magenta Coaching Solutions Ltd, standard daily course development charges for any variations carried out by Magenta Coaching Solutions Ltd, on the same basis as clause 4.4. No work shall commence until such variation and any consequential amendments have been recorded in writing.
4.6 If the course is consequentially given Magenta Coaching Solutions Ltd, the provisions of clause 5.4 of this Agreement will apply. Clause 4 will apply to bespoke courses given on the Customer’s premises.
5.1 Magenta Coaching Solutions Ltd, reserves the right to specify that payment for courses shall be made to Magenta Coaching Solutions Ltd, in full prior to the commencement of the course. The Customer is advised that the Customer’s employees will not be permitted to attend the course unless payment has been received by Magenta Coaching Solutions Ltd. Payment may be made by Purchase Order, Cheque, Bank Transfer or Credit Card.
5.2 For bespoke courses supplied pursuant to clause 4, Magenta Coaching Solutions Ltd, will invoice the Customer firstly when the bespoke development work has been completed and secondly when the course has been given by Magenta Coaching Solutions Ltd, in the event of any further expense incurred.
5.3 If not prepaid, all charges including any cancellation charges and charges due under clause 3.3 will be paid within thirty (30) days of the date of invoice.
5.4 If the Customer fails to make any payment when due, Magenta Coaching Solutions Ltd, reserves the right to levy a late payment charge calculated at the rate of 4.5% per month compound applicable after as well as before any judgement on the unpaid amount or part thereof.
5.5 All pre-payments or vouchers for courses must be used within 1 calendar year of receipt by Magenta Coaching Solutions Ltd, or customer. They cannot be used to purchase courses after this period.
5.6 Payment plans agreed in advance on training will be set up by automated Direct Payment via Magenta Coaching Solutions Ltd GoCardless system.
5.7 Where payment plans extend beyond the course commencement date payments must be completed in full.
5.8 Non-payment of fees due to Magenta Coaching Solutions Ltd, will be subject to a 5% compound per month and will be recovered to included administration fees as accrued by Magenta Coaching Solutions Ltd.
5.9 Entering into a payment plan is a binding agreement by which the customer agreed to payment via a payment contract agreed by both parties.
6.1 Accommodation is not included in course fees as standard. It is the responsibility of the attendee to arrange their own accommodation unless agreed in writing with Magenta Coaching Solutions Ltd or as part of a pre-paid training package.
6.2 Where Magenta Coaching Solutions Ltd, is arranging accommodation we will arrange appropriate accommodation within sensible commute of the training venue.
6.3 Magenta Coaching Solutions Ltd is unable to guarantee accommodation at a specific venue and will endeavour to provide on-site accommodation, subject to availability.
6.4 Where accommodation is not available on-site Magenta Coaching Solutions Ltd, will offer a reasonable alternative within 20 minutes of the venue.
6.5 Where the customer declined accommodation offered, Magenta Coaching Solutions Ltd, cannot be responsible for any additional costs incurred by the client in finding alternative accommodation.
6.6 Issues with accommodation must in the first instance be reported to the host provider of accommodation to seek a quick resolution of any issues.
6.7 If a resolution is not found the attendee must make Magenta Coaching Solutions Ltd aware of the issues and reasonable time give for the provider to look at help to resolve issues.
7 CANCELLATION /TRANSFERS
7.1 If the Customer cancels:
7.1.1 the attendance of any employee on any course.
7.1.2 any course due to take place at the Customer’s premises under clause 4. less than (30) working days prior to the commencement date of the course or the employees fails to attend the whole or part of the course for any reason, or if cancellation is not confirmed in writing within the said (30) working day period, then Magenta Coaching Solutions Ltd, will not refund any fees and will invoice the Customer for any expenses incurred and the Customer agrees to pay the same within thirty (30) days of receipt of Magenta Coaching Solutions Ltd, invoice.
7.2 If less than thirty (30) working day’s notice is given, the Customer will pay £350 + VAT for each Course Place
7.3 Cancellations by members of the public. If a member of the public cancels a place on a Public NLP Practitioner, Master Practitioner or NLP Coach course the following will apply:
- Pre-course materials that have been issued cannot be refunded under any circumstance.
- Cancellation within 31 days of the start of the course – there will be no refund of any fees paid.
- Cancellation within 32-60 days of the start of course – refund of the fee paid, less any pre-course materials, less £350plusVAT, less expenses incurred by Magenta Coaching Solutions Ltd, (admin time; courier charges; credit card charges where applicable)
- Cancellation 60 days plus from the start of course – full refund of fees paid, less pre-course materials, fewer expenses incurred by Magenta Coaching Solutions Ltd, (admin time; courier charges; credit card charges where applicable)
7.4 If a member of the public wishes to transfer to another course within 31 days of the start date of the course on which they were originally booked then a transfer fee of £35 plus VAT must be paid. Only one transfer will be allowed per client. If the original course has been booked at a special offer rate then the client must pay the difference between the normal full rate and the special offer rate. I.e. you cannot transfer a special offer rate course within 30 days of the course without paying the full rate.
8 WARRANTY AND LIMITATION OF LIABILITY
8.1 The courses are provided under this Agreement at the Customer’s request. The Customer accepts that he is responsible for verifying that the courses are suitable for his requirements. Magenta Coaching Solutions Ltd, will use all reasonable skill and care in the preparation and presentation of its courses and courses supplied under clause 4.
All other conditions, warranties, guarantees and representations whether express or implied, statutory or otherwise are excluded.
8.2 Other than as specified in this clause, Magenta Coaching Solutions Ltd, liability for loss and damage (whether arising in contract, tort or otherwise, shall be limited to a claim for damages. The maximum aggregate liability will be the charges for the course or hire of facilities out of which the loss and damage have arisen.
8.3 Magenta Coaching Solutions Ltd, will be responsible for death and injury resulting from Magenta Coaching Solutions Ltd, negligence when carrying out courses, or the hire of facilities.
8.4 Magenta Coaching Solutions Ltd, 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 the possibility of such potential loss.
8.5 Except in respect of liability of Magenta Coaching Solutions Ltd, for death or personal injury resulting from the negligence of Magenta Coaching Solutions Ltd, or its employees, or in respect of a claim for non-payment of monies due under this Agreement, no action regardless of form arising out of the provision of training courses or facilities under this Agreement may be brought by either party more than two years after the cause of action has been accrued.
8.6 The customer warrants that all attendees on courses are properly authorised by the customer to attend and that they are suitably qualified to attend. The customer acknowledges Magenta Coaching Solutions Ltd, right to refuse admission or require the removal of any attendee where there are doubts about identity, qualifications or if the attendee’s behaviour is unacceptable. In addition to this, it should be noted that Magenta Coaching Solutions Ltd, reserves the right to refuse admission or to eject any delegate where their behaviour is, in the opinion of the Magenta Coaching Solutions Ltd trainer, to be unacceptable and detrimental to the objectives of the course. If this occurs Magenta Coaching Solutions Ltd, will not refund any fees.
One verbal warning will be given to the delegate in these circumstances.
9. Pre Course Study
On booking an NLP Course the customer commits themselves to carry out any pre-course study work that is part of the course booked, to the standards laid down by Magenta Coaching Solutions Ltd.
If the pre-course study work is not completed at least 3 days or more before the start of the live training then Magenta Coaching Solutions Ltd reserves the right to preclude that person from the training. No refunds will take place if this occurs.
Please note that the satisfactory completion of any required test is a pre-requisite for joining the training. Failure to complete and email, to Magenta Coaching Solutions Ltd, any pre-course study test within advised timeframes will result in automatic exclusion from joining the course. There will be no refund in these circumstances.
The copyright and all other intellectual property rights in all course materials, and the specifications, therefore, and whether in standard courses, or courses developed under the provisions of clause 4 shall remain the sole and exclusive property of Magenta Coaching Solutions Ltd. The Customer undertakes that it will not copy or permit the copying of course materials, nor disclose or permit the disclosure or sell or hire the same to third parties, nor use the same for running the Customer’s own courses unless the express and written permission of Magenta Coaching Solutions Ltd, is gained.
10 TIME OF COURSES AND HIRE OF FACILITIES
10.1 All bespoke courses will be given by Magenta Coaching Solutions Ltd, personnel between the hours of 0900 and 1730hrs Monday to Friday, excluding Public Holidays. If the Customer requests in writing, Magenta Coaching Solutions Ltd, may be able to provide courses outside these hours and at weekends for additional charges
10.2 All public courses will be given by Magenta Coaching Solutions Ltd, personnel between the hours of 0930 and 1730hrs on days specified by Magenta Coaching Solutions Ltd.