Terms & Conditions for the trainings provided by The Part-Time Artist – Céline Terranova

Effective from the 1st of August 2019

 

1. Definitions

In these Conditions the following expressions shall have the following meanings:
• “PTA” means The Part-Time Artist.
• The “Client” means the person, company or other legal entity identified as providing a request to PTA to supply Services.
• “Services” means the goods or services to be provided by PTA to the Client under the terms of the contract and “Services” shall be construed accordingly.
• “Confirmation Date” means the date when all the following apply:
– A request to supply Services has been received from the Client by PTA
– PTA has confirmed to the Client that the course or other Services requested are available and the price is correct.
– Payment has been received, or alternative payment method agreed.
• “Contract” means the contract between PTA and the Client under which the Services are to be supplied by PTA to the Client.
• “Working Day” means every day of the week apart from Saturday, Sunday and statutory holidays. “Month” means a calendar month. “Week” means seven consecutive days.
• “Intellectual Property” includes all training materials, course manuals, inventions, patent applications, granted patents, registered and unregistered designs, copyright works, trademarks and confidential information.

 

2. Scope

Unless otherwise agreed by PTA in writing prior to agreement by the Client to these Terms and Conditions the Client agrees that the provisions of these Terms and Conditions shall constitute all of the provisions relating to the Services to be provided to the Client by PTA. No other terms and conditions shall be accepted.

 

3. Prices

The price payable for the Services shall be the list price of PTA at the Confirmation Date unless otherwise stated.

PTA reserves the right to increase the price from that advertised on the website or in other forms at our discretion and for any reason prior to the course commencement. Where this affects the price payable by the customer and the customer has made payment of the previous advertised price (not including Purchase Orders and Reservations) and does not wish to proceed at the increased price a full refund will be payable.

The price does not include travel, accommodation, meals or other related expenses unless explicitly stated.

 

4. Terms of Payment

Payment for a training course by bank transfer, credit card or debit card is required no later than 15 Working Days before the course start date. Special arrangements may be separately agreed in the case of late bookings.

PTA is entitled to charge interest at 2% per Month or part thereof on overdue payments.

 

5. Training Courses

It is the responsibility of the Client to ensure that the delegates meet the prerequisites of the course on which they are booked, and that the course content meets their requirements.

PTA will perform the 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 Client, PTA reserves 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.

 

6. Course Duration

Course durations for classroom events  are clearly stated on the website.

All classroom-based courses are run on working days or weekends, depending on the needs of the Client.

 

7. Cancellation, Transfers and Substitutions

PTA reserves the right to cancel or arrange an alternative date for a course. In such circumstances, PTA will endeavour to provide notice of cancellation or change to the Client. In the event of cancellation, the Client will be entitled to a full refund of the course fee, but PTA shall not be liable for any other loss or expense arising.

The Client may cancel the course booking by notifying PTA in writing by acknowledged email as soon as reasonably practicable. The Client shall also be deemed to have cancelled the course booking if the delegates do not attend the event. The Client shall be liable to pay a cancellation fee as follows:

Number of Days Notice

0 – 7

8 – 15

Proportion of Course Fee Payable

100%

50%

 

8. Liability

PTA’s total liability for any loss or damage shall not exceed the price payable for the Services.

PTA shall not be liable 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 targets.

 

9. Force Majeure

PTA 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 PTA is unable to perform its duties and obligations under this contract as a direct result of one or more such causes PTA shall give written notice to the Client of such inability stating the cause in question.

 

10. Data Protection and Confidentiality

The policy of PTA with respect to data protection is detailed in these Terms and Conditions, and it’s Privacy Policy which should be read in conjunction with these terms and conditions of the contract.

Where Services are certified training courses, the Client consents to allow PTA full access to examination results arising from their bookings. This information will be used in accordance with the requirements of relevant data protection legislation. The data will only be used to evaluate the effectiveness of training and to assist PTA in providing advice to its clients.

All Intellectual Property associated with training courses or other Services shall remain vested in the owner be it PTA or others.

Intellectual Property which is identified as, or can reasonably be deemed to be, confidential shall not be copied or reproduced or disclosed to any third party without the prior written consent of PTA. The Client shall ensure that its employees and all those under the Client’s control and supervision comply with this obligation.

Where Services are provided to the specification or special requirements of the Client, the Client shall indemnify PTA against all costs, claims and damages incurred or arising out of any alleged infringements of Intellectual Property.

 

11. 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 PTA shall be subject to correction without any liability on the part of PTA.

No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of PTA.

PTA may assign or sub-contract the whole or any part of the Contract to any person, firm or company.

All parties shall comply with the Anti-Bribery Act 2010 and will make it clear to those providing services to it, that it does not accept or condone the payment of bribes on its behalf.

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.

 

12. Company Information

Céline Terranova – The Part-Time Artist (Sole Trader)

Unit 16826, PO Box 6945, London W1A 6US

Telephone: 0203 488 2736

Email: info@theparttimeartist.com