Beacons Safety Training Limited - Terms and Conditions
- These terms and conditions are between Beacons Safety Training Limited (company number 11922735) and the Customer. Beacons Safety Training Limited shall hereby be abbreviated to BST for the purposes of this document.
- Beacons Safety Training Limited has a registered office address at number 19, Yr Hen Gorlan, Gowerton, Swansea, SA4 3GP, Wales. Company number 11922375 and is registered for vat the number GB 325 0981 09.
- These terms and conditions replace any previous terms and conditions of BST and are the complete and only terms and conditions between the parties.
- These terms and conditions and any contract formed pursuant to them may be varied if confirmed in writing by an authorised person of BST.
- By placing an order either through the supplier’s Website (“Site”) or by telephone order (“telephone”) you accept these Terms and offer to buy the services from and enter into a legally binding contract with the supplier. Your order constitutes an offer to the supplier to buy the services. All orders are subject to acceptance by the supplier, and the seller will confirm receipt of your order by sending you an acknowledgement of your order (“Acknowledgement”) and will then confirm acceptance of your order by sending you either an e-mail, letter or fax confirming the order (“Order Confirmation”). A contract will be formed between the Supplier and you once your order confirmation has been sent by the supplier.
- Unless otherwise agreed in writing, these Terms are the only conditions upon which the supplier is prepared to supply the services to you. These Terms shall constitute the whole agreement between the supplier and you, and shall govern the contract between the supplier and you (the “Contract”) to the entire exclusion of all other terms or conditions (including your terms and conditions or those implied by trade, custom or practice).
- “BST” Beacons Safety Training Limited is a training provider.
- “Awarding Body” or “Awarding Bodies” means the relevant regulated training awarding bodies.
- “The Trainer” means an association of first aiders registered trainer or an awarding body registered training organisation.
- “Onsite” means training provided on your premises or premises other than the training company’s premises.
- “Offsite” means training provided at a venue other than the purchasers premises usually the location provided by the training company.
- “Online” means training provided via our online e-learning platform taken by each delegate using the given URL.
- “Purchaser” means the business or person booking the course.
- “Delegates” means the individuals booked onto the course by the purchaser and in some cases the purchaser.
Beacons Safety Training Limited Obligations
- In consideration of the payment of fees for onsite courses BST agrees to provide on the purchaser’s behalf a registered trainer.
- In consideration of the payment of fees for offsite courses BST agrees to provide a course on the purchaser’s behalf with a registered trainer.
- In consideration of the payment of fees for an online course BST agrees to supply a course on the purchaser’s behalf with a registered training organisation.
- In consideration of payment of fees BST agrees to handle all administration in relation to the bookings including payments between the purchaser and the trainer or training organisation.
- In consideration of the payment BST agrees to handle all certificate administration on behalf of the purchaser and shall arrange the posting of the first aid certificate on completion of a course where appropriate as part of the service.
- The purchaser and its delegates understand the BST obligation is to provide a registered trainer on behalf of the purchaser and the purchaser’s delegates and therefore BST shall not be liable for mistreatment of any person or property arising from the trainer’s advice.
- The services are the educational and training courses offered on the site and under the Contract.
- In consideration for the Services, you agree to pay the Supplier the Price in accordance with the Payment section below.
- The site and the customer services team via telephone (calls maybe recorded for training and quality purposes) provide details of both the VAT inclusive and the VAT exclusive Price. The services will conform in all material respects with the description of the services set out on the site or over the telephone. The purchaser must satisfy themselves in relation to the suitability of any services ordered. The supplier reserves the right to amend the specification of services or withdraw services at any time.
- VAT will be charged at the current rate applicable at the time your payment is processed, where appropriate.
- BST reserves the right to amend its prices without prior notice, however the price applicable to the services shall be the price stated on the site or over the phone at the time you received the Order Confirmation unless your order does not meet the conditions in point 6 and 7 below.
- If you have placed an order and the supplier subsequently requires varying the price of the services, the supplier will either refund your monies in full or you can accept the variation in the price.
- In the cases of onsite courses if the trainer has to travel more than 40 miles to a venue or has to incur any additional expenses such as overnight accommodation costs, parking costs the supplier may have to amend its prices. In these circumstances the purchaser may either accept the amended price or receive a full refund.
Supply & Eligibility
- The supplier will endeavour to supply the services on the dates outlined over the phone or on the site and will advise you of any anticipated changes to, delays with the course dates or the dates otherwise agreed with you. However, the supplier does not accept liability for the consequences of any change or delay to course dates provided.
However, where possible the supplier will endeavour to give reasonable notice of any such changes or delay.
- It is the Purchaser’s (employer’s) responsibility to ensure that students are free from any condition which would affect their capability to undertake their chosen course, and that they have the ability to cope with intensive physically applied training as well as class-based study. BST should be provided in advance notification of any assistance that a student is likely to need during the running of a course. If BST decides that a student has not achieved the learning outcomes of the course and/or the assessment standard, then they will be offered a free reassessment. Any further training or coaching over and above that provided on the course may be charged for.
- To be eligible to attend a regulated two-day Requalification course, students must present a valid First aid at work certificate issued by an HSE or Awarding body approved provider which is ‘in date’ on the last day of the Requalification course. ‘In date’ means the period within three months prior to the original certificate expiry date. Allowing a maximum of 28 days from the expiry date of the certificate to complete requalification training and assessment.
- The Purchaser (the employer) acknowledges that if a student arrives late for a course or is absent from any session, BST reserves the right to refuse to accept the Student for training. In all such cases, the full course fee remains payable.
- A binding contract will be formed when BST notifies its acceptance of the order. You agree to be invoiced either via post or email immediately with the invoice payable within 14 days of the date of the invoice. If courses are booked within 14 days of the course date you agree to pay on receipt of the invoice. Failure to abide by these terms can result in BST cancelling the course or retaining the course certificates, invalidating your training until payment is received.
- Telephone orders are legally binding, and you permit BST to record the call for training and quality purposes. You agree that all calls that are recorded may be used by BST as evidence of the contract.
- If the purchaser fails to make payment on the due date, BST shall be entitled to charge the purchaser interest at the annual rate of 3% above the base rate of Barclays Bank Plc. Unless otherwise agreed by BST or required by Law, the purchaser shall not be entitled to make any set off in respect of amounts due to BST.
- If the purchaser disputes payment and the result of the dispute has to be referred to a court of law the purchaser agrees that BST can claim back its court expenses and any third-party collection fees in addition to the original booking fee.
- All online courses must be paid for at the time of order unless otherwise agreed in writing.
Consumer Protection (Distance Selling) Regulations 2000
- Where a contract with a consumer is concluded on a distance selling basis the Regulations (as amended from time to time) will be adhered to.
- If you wish to substitute a candidate after the booking has been submitted, no charge will be applied for the first substitution provided the supplier is notified not less than seven days prior to the course start date. Any subsequent transfers or substitutions, or those made within seven days of the course start date, will incur a fee of £25.
Non- attendance & late attendance
- If you do not attend a course or refuse our trainer access and you have not previously informed us in writing as per the terms of the contract the full course fee remains payable.
- If you arrive late for a course or are absent from any session, we reserve the right to refuse to accept you for training, the full course fee remains payable.
Onsite training conditions
- If you have booked an onsite course and the site conditions are not appropriate for the provision of first aid training we reserve the right to refuse the training, you agree that your responsibility as part of the order is to provide an appropriate space as noted below, the full course fee is still payable.
- In the case of onsite courses, you agree to provide a clutter free and clean space with enough chairs for the trainer and the trainees. You confirm that the space will be safe and adhere to your normal HSE safety at work requirements. You agree the space will be quite enough to conduct a training course.
- The purchaser agrees to abide by the trainers decision as to whether the training space is suitable for purpose and as such agrees that the full course fee is still payable and cannot be withheld as a result of the trainer declining to train for the reason the onsite training conditions do not meet the trainers standard onsite expectations.
Cancellations onsite & offsite courses
To change the date of a booking please see Transfers section on the terms of business. Should circumstances require you to cancel your order and you are unable to reschedule you agree to the following cancellation charges:
- More than 8 weeks’ notice – 25% of course fee
- More than 4 weeks’ notice – 50% of course fee
- Less than 4 weeks’ notice – 100% of course fee
Cancellations must be received in writing and received by the due date and confirmed as received by BST, please note BST is not responsible for undelivered written confirmations. Cancellations are not valid without a written receipt from BST acknowledging receipt of your cancellation. BST may from time to time require proof written confirmation was sent. BST would recommend sending written proof via a registered provider like royal mail recorded service or phone customer services direct and ask for a receipt.
On occasion where a course has to be cancelled by BST the customer is making the booking on the agreement that BST cannot be held responsible for any costs incurred by the customer as a result of BST cancelling the course and therefore the customer accepts that BST cannot compensate the customer in any way for any expenses whatsoever as a result of the said cancellation. The customer understands the booking is being made on that basis.
If you are booking as an individual, you have seven working days in which to cancel your booking from the date it was made without charge. If your course is due to start within seven working days of the date you made the booking, the cancellation request has to be received prior to the course start date. For courses that are booked outside this period standard cancellation fees apply. This does not affect your statutory rights. Cancellations can be received by phone 01792 944322 or email email@example.com.
Cancellations online courses
Once purchased online courses cannot be cancelled by a business, if you have purchased the courses as a consumer and not for commercial purposes you cannot cancel the course if the course has become unsealed or used.
- On occasion unforeseen circumstances may require BST to cancel a course. For example, if a trainer is taken ill or has had an accident on the way to the training. In such circumstances you will be given as much notice as possible and either a free transfer to another course or a full refund will be given.
- On occasion where a course has to be cancelled by BST the booking is made on the understanding by the customer that BST cannot be held responsible for any costs incurred by the customer as a result of BST cancelling the course and therefore the customer accepts that BST cannot compensate the customer in any way for any expenses whatsoever as a result of the said cancellation.
- The Contract may be terminated by the Supplier with immediate effect if you fail to pay the price in accordance with these Terms and subject to the Payment terms and conditions outlined above.
- The contract may be terminated by the supplier if you in any way bring into disrepute the name, the reputation, the interests of, the employees of or the goods and services of the supplier.
- The supplier reserves the right to refuse or terminate any booking without reason. The supplier does not accept liability for the consequences of any refusal or termination of any booking. However, where possible the supplier will endeavour to give reasonable notice of any such termination.
- The contract may be terminated if either party ceases to carry on its activities, becomes unable to pay its debts when they fall due, becomes or is deemed insolvent, has a receiver, manager, administrator, administrative receiver or similar officer appointed in respect of the whole or any part of its assets or business, makes any composition or arrangement with its creditors, takes or suffers any similar action in consequence of debt, an order or resolution is made for its dissolution or liquidation (other than for the purpose of solvent amalgamation or reconstruction) or enters into liquidation whether compulsorily or voluntarily or shall suffer any analogous event under any jurisdiction which it is.
- Notwithstanding termination of the Contract for any reason you will continue to be liable for that proportion of the price attributable to those Services provided up until the date of termination.
Data Processing & Protection
Neither party will be liable to the other for any failure or delay or for the consequences of any failure or delay in performance of this agreement if it is due to any event beyond the reasonable control of a party to this Agreement including, without limitation, malicious damage, failure of a utility service, acts of God, war, industrial disputes, protests, fire, flood, storm, tempest, explosion, an act of terrorism and national emergencies.
All notices given by you to the Supplier must be sent to Beacons Safety Training Limited, 19 Yr Hen Gorlan, Gowerton, Swansea, SA4 3GP or via the email address firstname.lastname@example.org. The supplier may give notice to you at either the e-mail, mobile, fax or postal address you provide to the supplier when placing an order. Notice will be deemed received and properly served immediately when posted on the Site, 2 hours after the supplier sends an e-mail, mobile text or fax, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, mobile text or fax that such e-mail, mobile text or fax was sent to the specified e-mail address, mobile phone or fax number of the addressee.
Certificates & Requalification Certificates
- To be eligible to attend a two-day requalification course students must present a valid first aid at work certificate issued by an approved provider which is in date on the last date of the requalification course. In date means the period within three months prior to original certificate expiry date. Current government guidelines allow 28 days from expiry date of the certificate to complete a requalification course.
- In the case of the provision of a training course booked by BST certificates to prove completion of the course may be withheld by BST until payment is made.
- BST make no guarantee as to a delegate passing a course, the full course fee remains payable and no refund shall be given should a delegate fail a course.
- Nothing in this contract excludes or limits or attempts to exclude or limit the liability in respect of the implied warranties contained in the supply of Goods and Services Act 1982.
- BST will be under no liability to the purchaser whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct, indirect or consequential loss howsoever caused.
- BST aggregate liability under this agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused will be limited to the amount paid for the Services concerned.
- BST shall not be liable for mistreatment of any person or property arising out of the purchasers or purchasers’ delegates failure to follow the guidelines set out by the registered trainer or registered training company booked by BST to deliver first aid training.
- BST liability is to provide a registered trainer or registered training company to the purchaser of training and the purchasers delegates and therefore shall not be liable for mistreatment of any person or property arising from a registered trainers advice.
- (a). The purchaser shall indemnify BST for any loss or expenses caused as a result of providing inaccurate information to BST, mistakes contained within the purchaser’s customers order or personal injury or death caused by a purchaser or purchasers delegates not following the registered trainers’ guidelines correctly.
(b). The purchaser accepts that under the new HSE guidance as of 1st October 2013 that the new regulations now require employers to carry out their own due diligence and investigations on the first aid training provider in order to ensure that the training meets the requirements and necessary standards for their company.
In the event of a dispute the parties shall agree to keep the dispute confidential and use all reasonable endeavours to resolve it as soon possible. If they fail to do so within 14 days, the parties shall try to agree a method of dispute resolution. If an agreement cannot be reached within 14 days, the parties agree that the dispute will then become subject to the exclusive jurisdiction of the English courts.
The contract shall be governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any disputes.
The supplier has the right to revise and amend the terms from time to time without notice.
The failure of a party to exercise or enforce any right conferred on that party by the contract shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
BST warrants to provide services with all the care and skill to be expected of a competent booking agent experienced in undertaking services of the same kind as the services.
- Each party acknowledges and agrees that any and all information concerning the other’s business or the terms of the agreement including any disputes is confidential (hereinafter referred to as ‘Confidential Information’) and each party agrees that it shall not permit the duplication, use or disclosure of any such confidential Information to any person, website or third party (other than its own employee, agent or sub-contractor where the same requires such information for the performance of the Agreement) unless such duplication, use or disclosure is specifically authorised in writing by the other party, or is required by the operation of Law. The parties shall take steps to ensure that their employees, agents and sub-contractors keep Confidential Information confidential.
- Each party acknowledges and agrees that once a booking is made by you the customer with BST, then BST may use any positive testimonials given by you on their website and in marketing materials. In addition, all customers agree as standard, that their company logo may be displayed BST websites and emails in the ‘Some of our customers’ sections. If you would like to opt out of clause 1.1 and proceed with your booking without this clause, please make us aware at the time of booking via email. Both parties also agree that the customer can opt out of clause 1.1 at any time by sending a written request to BST.
The supplier may at any time assign the contract or any of the supplier’s rights or obligations under it.
Applicable laws require that some of the information or communications the supplier sends to you should be in writing. When using the site, you accept that communication with the supplier will be mainly electronic. The supplier will contact you by e-mail or provide you with information by posting notices on the site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the supplier provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Resources on our website and third-party links
On occasions where our website provides links to other sites and resources provided by third parties, these links are given for your information only.
We do not have any control over the contents of those sites or resources.
We do not give any guarantee that our website will be secure or free from viruses.
You take responsibility for configuring your computer programmes and information technology correctly in order to access our website. You should make use of your own virus protection procedures and software.
You must not misuse our website by knowingly introducing viruses, trojans, worms, or other material which is technologically harmful or malicious. You must not attempt to obtain access which is unauthorised to our website, our servers, computers or database which is connected to our website.
No reliance on content
The content of our website or provided by third party suppliers is provided for general information only. It is not intended to amount to advice on which you should rely on.
You must obtain your own professional or specialist advice before taking, or omitting to take, any action on the basis of the contents of our website. You must get your own health and safety risk assessment in place and make your own due diligence checks on the trainers and training companies booked to do your training by BST.
Although we make reasonable efforts to keep the information on our website up to date, we do not make any guarantees, representations or warranties whether express or implied, that the content on our website is complete, accurate or up to date.
We do not provide a guarantee that our website or the content on it will be free from omissions or errors.
We may change the content from time to time. Please note that from time to time some of our website may be out of date and we are under no obligation to update it.
Accessing our website
We are not able to provide a guarantee that our website or its content will always be available. We provide access to our website on a temporary basis and may withdraw, suspend or discontinue our website in whole or in part without notice. We are not liable to you if for any reason our website is not available for any period or at any time.
Account and password terms
- If you are provided with or choose a password, identification code or other piece of information as part of our security procedures then you are required to keep that information as confidential and must not disclose it to a third party.
- You agree to notify us at email@example.com if you suspect or know that your password has been obtained by anyone else.
Delivery of Online Courses
Online courses will be delivered automatically and in accordance with the Confirmation Email (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See terms for details of our responsibilities when this happens.
In the case of courses delivered electronically, these will be delivered within 24 hours and can be accessed immediately following the Confirmation Email. However please note our normal opening times as online accounts are administered during these hours.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, car breakdowns, or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under an Agreement we will contact you as soon as reasonably possible to notify you and our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Courses to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.