ACT Associates Ltd

Terms and conditions v4

The parties to this contract are ACT Associates Limited, hereinafter referred to as ACT and the purchaser

Please ensure that you read through the terms and conditions thoroughly before making a booking with ACT. By making a booking with ACT, you signify your agreement to be bound by these terms and conditions.

Payment Terms:

Terms of payment will be 14 days from date of invoice or payment 45 days prior to course commencement whichever is sooner. If cancellation is requested within the 45-day period immediate payment will become due. Failure to take up ACT goods or services within the 45-day period will be deemed as cancellation and payment will become due. The purchaser must ensure all orders raised to ACT state our terms of payment to reduce risk of order refusal by ACT. ACT does not accept the purchaser’s terms and conditions and the purchasers order for ACT goods or services will be taken as confirmation of the purchase’s agreement to ACT conditions of sale. If a stage pay agreement is made the dates and figures agreed will be clearly stated on the invoices and payment must be made as stated. ACT reserves the right to charge interest on any monies outstanding in accordance with our payment terms and if necessary to take legal action for recovery including any additional costs incurred.

Fees quoted are correct at time of publication, but ACT reserves the right to alter fees at any time.

Payment must be received before course begins. ACT reserves the right to refuse admittance to the course until payment is received. In addition, materials will not be issued until payment is received.

Orders made via the ACT website www.actassociates.co.uk and paid for using any Business or Credit Card will be subject to an additional 3% processing fee.

Card payments are arranged via a secure payment link that we will issue you via email. Note: there is an additional 3% charge applied to any Business or Credit Card.

Other Payment Options:

Klarna

Get more time to pay with Klarna. The payment methods you can choose from are:

Tailored payment plan

ACT can be flexible with payment plans, for example, we can offer different payment options with varying amounts and frequencies depending on a client’s / learner’s needs. We can offer a range between weekly, monthly or six-monthly payments to make it easier for those who want to spread the cost.

ACT has the right to refuse any payment plan applications due to client history together with the course, product or service being purchased and will be subject to a signed agreement which will include an agreed amount which is always payable upon receipt of booking / order.

20% off Vouchers (20%NC / 20%NCF):

Single use only and valid for 12 months from date of email. Cannot be redeemed against ACT admin or awarding body fees. Not to be used in conjunction with any other offer. Vouchers may not be exchanged for cash under any circumstances.

ACT Best Price Guarantee

ACT offer a best price guarantee which means that if you can find the product or service cheaper* elsewhere then we will match that price. All price match decisions will be made by our training department at their discretion.

Delegate / Learner details:

It is essential that all purchasers provide us with the correct and current contact details that can be used to communicate with in relation to courses and bookings and also inform us of any change of circumstances (e.g. name, address, email etc.).

Postage:

Postage costs given are an estimate and on occasions we may charge extra prior to shipping items. Customers in the European Union, and/or overseas countries, should note that they are directly responsible for the full payment of any further Tax or Import Duty incurred as good are delivered.

Winter Holiday Period

At the end of each year our offices will close for the UK holiday period.
Any order placed between the final day of our working year (typically the 24th of December) and the first UK working day of the following year will be processed promptly upon our re-opening.

Cancellation:

Cancellation charges relating to bookings are taken from the date of receipt of written cancellation. A part refund of fees (less a 10% cancellation fee to cover costs) will only be made for written cancellations received at least 45 days prior to the start of the course. We regret that refunds cannot be made during the 45-day period but you may send a substitute delegate (subject to their successful application). Failure to attend will be treated as a cancellation. Transfers to alternative course dates may be requested, but will be made at the discretion of ACT and subject to the same terms as cancellations. The request for transfer must be in writing. If received at least 45 days prior to the start date of the course a 10% transfer fee is liable. For transfers within 45 days prior to the course start date, a full fee is payable.

The course information is correct at the time of going to print. However, we reserve the right to alter or cancel the event due to circumstances beyond our control.

ACT reserves the right to cancel or change the dates or provision of service, method of delivery, the venue and the individual or organisation providing the service. This includes moving face to face classroom courses to our virtual online method of delivery or e-learning or a blended learning option, where we are unable to reasonably provide a face-to-face classroom environment. In the event of a course cancellation, bookings will normally be deferred to the next available course at the same venue unless the client specifically requests otherwise.

ACT accept no responsibility for accommodation costs should an event be cancelled as any accommodation is booked directly by you and at your own risk, therefore a cancellable rate is recommended.

COVID:

If you test positive you must NOT attend your training course. You may send a substitute delegate (subject to their successful application). Failure to attend will be treated as a cancellation.

Course Fees:

Fees include tuition, documentation, refreshments and light lunch (excludes CCNSG courses), but not overnight accommodation. (We offer discounts for organisations booking more than one delegate onto the same course at the same time – contact the ACT Enquiry Team for details). All course costs are correct at time of going to print; please ensure that you check the current cost before placing an order.

Course Materials:

Course materials for virtual course delivery are provided in advance of the course. It is the responsibility of the learner to ensure that a preferred delivery address is provided and that arrangements have been made to ensure receipt. In the event of non-receipt then additional costs may be incurred by the learner for replacement materials.

Shipment of materials to non-UK addresses may incur an additional fee.

Joining instructions:

Joining instructions will normally be provided in advance of the course start date.

Certification:

Once the course has been successfully completed and payment received then ACT will release the certificate as soon as reasonably practicable and subject to receipt from the Awarding Body. Any delay in payment may delay the certificate(s) from being sent out.

Digital certification is sent via email to all learners individually.

Hard copy certification requests made by individual learners are subject to a P&P fee for which payment is required prior to dispatch. Collections can also be made from our offices in Stourbridge.

For multiple e-learning licence purchases and in-house courses then all hard copy certification is provided to one address only for distribution to learners by the main contact (client).

NEBOSH Assessments:

ACT is a registered NEBOSH Examination Centre open to external learners (subject to meeting NEBOSH / ACT criteria) and re-sits (Admin/Invigilation Fee + VAT + NEBOSH fees apply).

All fees must be paid prior to assessment registration. Once the assessment (s) have been registered then no refunds are available for either the NEBOSH assessment fees or ACT admin/invigilation fees. Once an assessment booking has been received, transfer of a booking to another assessment sitting can be made but an additional transfer fee will be charged.

Learners are allowed to move their planned assessment sitting no more than two times but only if NEBOSH registrations have not yet taken place and takes place prior to the ACT registration deadline date. However, in the event of a third rescheduling of an assessment sitting then ACT reserve the right to charge the learner cancellation fees.

ACT reserves the right to cancel an assessment date. In the event of assessment cancellation, ACT will usually defer your assessment(2) to the next available date unless you specify otherwise.

Venues:

Quality locations are used where possible to enable delegates to attend on a residential or non-residential basis.

Car parking charges may vary from those listed on our website or detailed within the joining instructions. ACT is not liable for any such charges.

Whilst ACT does its best to keep venues as listed on the website, ACT reserves the right to change the venue at any time. Delegates will be notified of any changes to the course venue.

In-House Training:

For any courses that are to be provided on the client’s premises, it is the responsibility of the client to provide the following:

Note:

It may be necessary for reasons beyond the control of ACT Associates Ltd to change the content and timing of the programme, the speaker(s) or the venue. This does not affect your statutory rights.

RMS Powerpoint Presentations specific

All rights reserved. No part of the PowerPoint presentation may be made available, copied, reproduced, stored in a retrieval system, distributed, disseminated, sold, licenced, published, recorded, broadcast, transmitted in any form or by any means, electronic, mechanical, photographic or otherwise circulated to any person other than in accordance this Licence. This PowerPoint presentation may not be lent, resold, hired out or otherwise disposed of by way of trade in any form other than that in which it is published, without the prior written consent of the publishers. No part of this PowerPoint presentation may be translated into other languages or used for the creation of any other products or integrated into any other products, without the prior written consent of the Publisher.

The PowerPoint presentation may be adapted, enhanced and used to the extent that the Licensee can add material to them, reorder the slides and hide slides, the slide containing the PowerPoint licence must not be hidden. No part of the PowerPoint Presentation can be abstracted and incorporated into other materials in any form, without the prior written consent of the Publisher.

One copy of this PowerPoint presentation may be made for tutor use. Where the Licensee has adapted and enhanced the PowerPoint presentation a reference copy of this version may be retained by the Licensee under controlled conditions and the minimum number of back-up copies made in keeping with good practice. Sufficient copies of the PowerPoint(s) Presentation(s) may be printed in ‘six slides to the page handout’ form for the trainers and the students attending the course to have a personal copy. Whilst every effort is made to ensure the completeness and accuracy of the information contained herein, the Publisher can bear no liability for any omission or error. The provision of updates and maintenance of the PowerPoint Presentation(s) are subject to payment of an annual fee. Course Providers are reminded that course materials should be updated/maintained to meet NEBOSH accreditation requirements. For full conditions please see your NEBOSH Course Materials Agreement.

E-learning specific

Log in details and supporting materials will not be issued until payment is received.

Passwords:

A password, to enable on-line access to our e-learning products, will be issued to the purchaser on receipt and acceptance of their order by ACT. The e-learning user should access the purchased e-learning course using login details provided by ACT. A valid email address is required to enable us to create a unique student account. You are entirely responsible for submitting accurate details and keeping us informed of any changes relevant to your student status.

Transfers:

E-learning products are non-transferable and the contract for any such purchase is solely between ACT and the original purchaser. The user must not share or pass their Username and Password to any third party neither freely or for financial or any other form of gain. ACT reserves the right to cancel the purchase without refund if the product is transferred to a third party without written permission from ACT.

Cancellation and refund:

Provided the software has not been accessed (logged-on) by the user, the purchaser has the right to cancel the purchase for a limited period of up to 7 days from receipt of the ACT purchase confirmation e-mail or letter. To cancel the purchaser must email actsales@actassociates.co.uk with the e-learning course and purchase details.

Access:

The purchaser will have access to the e-learning course for the period specified in the ACT confirmation e-mail. The purchasers’ access to the e-learning course will cease after the purchase expiry date. ACT will endeavour to allow uninterrupted access to the e-learning material, but access may be suspended, restricted or terminated at any time. ACT reserve the right to change, modify, substitute or remove without notice any site information entered by ACT or the purchaser.

NEBOSH Assessment Fees:

If NEBOSH Assessment Registration Fees and ACT Admin Fees are paid at time of purchase of the E-learning then they are only valid for 12 months (Certificate) and 36 months (Diploma) from date of E-learning release.

This also applies to NEBOSH Diploma Enrolment Fees whereby they are only valid for 12 months from date of E-learning release.

Should fees increase during this period then ACT reserve the right to charge the difference prior to confirmation of the Assessment Registration/Booking.

Computer Compatibility and Technical Support:

The software is tested and developed for use on Windows based computers; we do not guarantee compatibility on any other platform. ACT does not make any commitment that the course software will be compatible with or operate with the software or browsers or hardware on all operating systems. It is the purchasers’ responsibility to ensure that their computer and/or means of accessing the site via the internet is suitable. Please contact our technical support team before purchase if you have any concerns.

It is your responsibility to ensure that your online access is protected from viruses and is secure from any unwanted intrusions.

Third Parties:

The e-learning course may contain hyperlinks to websites operated by other parties. We do not control such websites and take no responsibility for their content. The inclusion of hyperlinks to such websites does not imply any endorsement of views or information contained on such websites.

Force majeure:

ACT cannot be held responsible for unforeseen circumstances (including acts of God) that affect the running/delivery of a course. ACT will endeavour to work with our clients to resolve any such matter to the best of our ability.

General

Failure by ACT to enforce strict compliance with these terms and conditions by the purchaser shall not be considered to be a waiver of any provisions of these terms and conditions. No waiver by ACT of any breach by the purchaser of these terms and conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.

If any provision of these terms and conditions is invalid or unenforceable in whole or in part; the validity of the other provisions of these terms and conditions and the remainder of the provision in question, shall not be affected.

A person who is not a party to the contract governed by these terms and conditions shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 except where such rights are expressly granted in writing by ACT further to these terms and conditions but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.

Any failure by ACT to enforce any terms and conditions will not invalidate the remaining terms and conditions.

The liability of ACT under these terms and conditions is limited in total to the purchase price paid by the purchaser.

Course materials are reviewed and maintained under strict quality procedures. ACT cannot be held responsible for any omissions or errors in the course materials.

ACT does its best to keep venues as advised and as listed on the website, ACT reserves the right to change the venue at any time. Delegates / learners will be notified of any changes to the course venue as soon as possible. Car parking charges may vary from those listed on the ACT website and detailed within the Joining Instructions. ACT is not liable for any such charges.

This contract is subject to the jurisdiction of the courts of England and Wales.

Privacy Policy

Information disclosed to us through our website, email or in any other way will only be collected, stored and processed as set on in our Privacy Policy.

Our Data Protection and Privacy policy can be found in full here: https://actassociates.co.uk/privacy-policy/

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