Objektum Training Course Terms and Conditions

1. Definitions

“Objektum” shall mean Objektum Ltd.

“Client” shall mean any party entering into this agreement for training.

“Course” shall mean any course of training arranged by Objektum.

“Delegate” shall mean any person accepted on a course.

“On-Site” shall mean client location or location as designated by client for the purposes of conducting training.

“Public” shall mean supplier location or location as designated by supplier for the purposes of conducting training.

“Investment” shall mean the consideration payable for any course and is subject to the addition of VAT at the prevailing rate.

A course will have commenced when the first scheduled session is conducted.

2. Course Bookings

Booking a course on a public or on an on-site basis must be confirmed in writing, preferably with a purchase order.

Course bookings will be deemed to have been accepted only when confirmed in writing by Objektum.

Objektum reserves the right to refuse any bookings without supplying a reason.

3. Terms of Payment

Objektum will raise an invoice on receipt of written confirmation of a course booking.

The fees must be paid prior to the commencement of the course unless otherwise agreed in writing by an officer of Objektum. A delegate may lose a place on a public course if payment has not been made prior to their arrival at the course venue.

4. Cancellation or alternatives

Should Objektum find it necessary to cancel or reschedule any course, the Client will be offered an alternative course or a full refund of any fees paid.

Objektum reserves the right to provide an alternative venue and presenter or instructor to those published.

Delegates may be substituted without penalty provided written notice is received prior to commencement of the course.

5. Cancellation fees

Should a delegate or Client find it necessary to cancel a course, Objektum reserves the right to charge a fee on the following basis:

More than 14 working days before the commencement of the course, 25% of the fees.

Between 14 and 7 days before commencement of the course, 50% of the fees.

Less than 7 days before commencement of the course, 100% of the fees.

No charges (except for incurred and irrecoverable expenses such as cancellation of flights, accommodation etc.) will be applied to any transfer request or to reschedule the training, provided that this is received at least 15 working days before the course start date. If a transfer or reschedule request is made within this period then 50% of the cost of the course will be charged in addition to any expenses (such as cancellation of flights, hotels etc.) that Objektum may have incurred.

6. Consequential loss

Objektum does not accept responsibility for any claims for consequential loss suffered by the delegate and/or the Client following the cancellation or postponement of a course.

The liability of Objektum for the cancellation or postponement of any course shall be limited to the course fees.

7. Copyright

Objektum reserves proprietary rights on all course notes and material provided for a Client or delegate and no part of any course notes or material may be reproduced or transmitted in any form or by any means electronic mechanical photocopying recording or otherwise or stored in any retrieval system of any nature without the written permission of Objektum.

The client agrees that neither they nor any representative thereof shall make use of recording equipment during any course delivered by Objektum without prior written consent.

In addition, the client agrees that neither they nor any representative thereof are to use trademarks, trade names, or other designations of Objektum without our prior written consent

8. Acceptance of terms

No variation can be made to these terms without written consent of an officer of Objektum.

These terms of business are deemed to have been accepted by the Client by virtue of written confirmation of the booking for a course.

9. Warranties and Liabilities

Objektum warrants that the courses will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with generally accepted industry standards.

Except for the express limited warranties set out in these conditions, Objektum makes no warranty of any kind with respect to the courses and hereby expressly excludes all other warranties, conditions, all other terms or guarantees, written or oral, express or implied, statutory or otherwise including without limitation, any implied warranties, conditions, all other terms or warranty of merchantability, satisfactory quality or fitness for a particular purpose of the course or course material.

Objektum shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any course material or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.

Except in respect of death or personal injury caused by Objektum’s negligence, or as expressly provided in these Conditions, Objektum shall not be liable to the Client or the delegate by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Objektum, its servants or agents or otherwise) which arise out of or in connection with the provision of the course (including any delay in providing or failure to provide the course or their use by the Client and the entire liability of Objektum under or in connection with the Contract shall not exceed the amount of the charges for the provision of the course, except as expressly provided in clause 3.

Objektum shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform, any of Objektum’s obligations in relation to the course, if the delay or failure was due to any cause beyond Objektum’s reasonable control.

10. Applicable Law

English Law shall apply to the Contract and the parties agree to submit to the exclusive jurisdiction of the English courts.

11. General

Any delegate attending an Objektum course on behalf of the client shall be deemed to be a duly appointed representative of that client for the purpose of interpreting these conditions.

It is the full responsibility of the Client to verify that the course is suitable for the requirements of the attending delegate, and that they have the necessary level of competence to be able to achieve the objective of the course.

All course materials are provided at the training site and an attendance certificate will be issued to all delegates on completion of the course. Objektum shall not be responsible for the loss or theft of course materials after delivery to the delegate. Course materials are provided as part of the purchase of the relevant course and not as separate items of supply.

These conditions constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

Objektum and the Client shall, at all times, in the performance of the Contract, conform with all applicable statutory and regulatory requirements including but not limited to the Data Protection Acts 1984 and 1998 and any statutory amendment or re-enactment of them.

Objektum shall be entitled to assign or transfer the Contract and/or any rights hereunder at any time. The Client may not assign or transfer the Contract and/or any rights hereunder without written consent and any attempt to do so without such consent shall be void.

A notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

If any provision of these conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.

Any dispute arising under or in connection with these conditions or the provision of the course, which cannot be settled amicably will in the first place be referred to a senior management representative chosen by each party. If there is still failure to settle the dispute, the dispute shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of the Chartered Institute of Arbitrators. The decision of that arbitrator shall be final and binding on both parties.

Any terms of this Agreement, which by their nature extend beyond its termination, remain in effect until fulfilled, and apply to respective successors and assignees.

This Contract is made solely for the benefit of Objektum and the Client and their respective successors and permitted assigns. No other person shall acquire or have any right under or by virtue of this Contract, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.