Terms and Conditions
These terms and conditions are between Mid County Safety and the Customer. Mid County Safety shall be abbreviated to MCS for the purposes of this document.
These terms and conditions replace any previous terms and conditions of MCS and are the complete and only terms and conditions between the parties.
MCS and the purchaser shall agree that by placing an order of training or consultation either through the website (www.midcountysafety.co.uk) or by telephone order you accept these ‘terms’ and offer to the services from MCS and enter into a legally binding contract with MCS.
A booking enquiry does not tie the customer into a contract of purchase.
Your order constitutes an offer to MCS to buy the services. All orders are subject to acceptance by MCS, and MCS 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 or letter confirming the order (“Order Confirmation”). A contract will be formed between MCS and you, once your order confirmation has been sent by MCS.
Should the price advertised be identified to be incorrect either by human or system error. MCS reserves the right to correct any mistake within 48 hours of notification or accept the booking at the price advertised.
Failure to notify of any delay shall not on its own entitle the Purchaser to terminate the contract or withhold payment against MCS invoice. Unless otherwise agreed in writing with MCS, the Purchaser shall not be entitled to cancel any order for Services once the first performance of the Services has been performed by MCS.
Unless otherwise agreed in writing, these Terms are the only conditions upon which MCS is prepared to supply the services to you. These Terms shall constitute the whole agreement between MCS and you, and shall govern the contract between MCS 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).
“Onsite” means training provided on your premises or premises other than the MCS training venues.
If you have booked an onsite course and the site conditions are not appropriate for the provision of First Aid & Safety 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 quiet enough to conduct a training course without distractions.
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. “Offsite” means training provided at a venue other than the purchaser’s premises usually the location provided by MCS the training company.
“Purchaser” means the business or person booking the course.
“Delegates” or "Students" means the individuals booked onto the course by the purchaser and in some cases the purchaser.
Mid County Safety Obligations
In consideration of the payment of fees for onsite courses MCS agrees to provide a registered, fully qualified and certified trainer with the appropriate teaching materials and aids.
In consideration of the payment of fees for offsite courses MCS agrees to provide a suitable venue, a registered, fully qualified and certified trainer, with the appropriate teaching materials and aids.
In consideration of payment MCS will manage all the administration required to assess and certify successful delegates.
Booking on behalf of a delegate
In all cases where the booking is made on behalf of the delegate the purchaser undertakes to bring these terms and conditions to the attention of delegates. It is the purchaser’s responsibility to ensure that the delegates receive all the relevant information including the joining instructions and that they meet the eligibility and published prerequisite requirements.
Terms of payment
Unless subject to separate agreed arrangements, the Purchaser shall pay MCS within 28 days of the date of MCS invoice. If the Purchaser fails to make payment on the due date, MCS shall be entitled to charge the Purchaser interest at the annual rate of 4% above the base rate of The Bank of England. The purchaser agrees to cover all the debt recovery costs incurred by MCS. Interest will be charged on a compound daily cumulative rate from the date of the course until the full amount of the debt has been settled. Unless otherwise agreed with MCS or required by law, the Purchaser shall not be entitled to make any set off in respect of amounts due to MCS. MCS is not VAT registered, therefore no VAT is added to any course price. A binding contract will be formed when MCS notifies it’s acceptance of the order. Failure to abide by these terms can result in MCS retaining the course certificates, invalidating your training until payment is received.
Telephone orders are legally binding.
If the purchaser disputes payment and the result of the dispute has to be referred to a court of law the purchaser agrees that MCS can claim back its court expenses and any third party collection fees in addition to the original booking fee.
Any late payments will be subject to a late payment charge at the rate of 4% over the Bank of England base rate. Payments can be made by cheque or bank transfer. Details of which are supplied at the bottom of MCS invoices.
Where the relevant invoice has not been paid by course start date then we have the right to refuse the delegate(s) entry to the course. In these circumstances, the invoice in question will remain payable in full. We reserve the right to withhold examination results and certificates until all payments have been made. Administration fee for cancellations are payable immediately upon invoice. The Terms of this agreement override over any other terms of business or purchase conditions put forward by the Customer.
Once a payment has been made, the delegate is adhering to the MCS terms and conditions irrespective if a booking form has been signed. In addition, if payment has also been received via bank transfer or cheque the delegate is adhering to the MCS terms and conditions irrespective if a booking form has been signed.
The purchaser must satisfy themselves in relation to the suitability of any services ordered. MCS reserves the right to amend the specification of services or withdraw services at any time.
All pricing quotations are valid only for 7 days from the date they are first sent to the Customer.
MCS 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 the Disputes section below.
If you have placed an order and MCS subsequently requires to vary the price of the services, MCS will either refund your monies in full or you can accept the variation in the price.
The Purchaser accepts that it is their responsibility that the course booked is suitable for the requirements and abilities of the delegates attending. MCS may recommend courses or learning solutions, however, the assessment and the final decision concerning suitability of the course is the Purchaser’s responsibility.
Non Attendance & Late Attendance
Non-attendance of any course for any reason whatsoever is deemed to be a cancellation with no notice and payment is due in full. 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. At the discretion of the instructor late arrivals may be admitted up to 15 minutes beyond the scheduled course start time at the discretion of the instructor. Strictly no admittance will be permitted after 15 minutes from the course start time. No refunds are applicable and a new course booking and fee will be required.
Where illness or injury may have occurred within our cancellation period then evidence of these circumstances must be produced before any application for change or reschedule can be considered. Our decision is completely at the discretion of MCS and our decision is final without further recourse.
If you wish to substitute a candidate after the booking has been submitted, no charge will be applied for the first substitution provided MCS is notified not less than 14 days prior to the course start date. Any subsequent substitutions, or those made within 7 days of the course start date, will incur a fee of £25
Consumer Protection (Distance Selling) Regulations 2000 (‘the Regulations’)
Where a contract with a consumer is concluded on a distance selling basis the Regulations (as amended from time to time) will apply and the Purchasing consumer will have a general right to cancel. In the case of services this will expire 14 days after booking (except for late bookings when it will expire on the date the services are commenced). Subject to the Regulations and to the foregoing, if a request is made to amend services, the following fees may be applied:
First transfer more than four weeks notice – no charge
Two to four weeks notice – 50% of course fee
Less than two weeks notice – 100% of course fee
Should circumstances mean you need to transfer the date of your onsite course you are permitted to transfer the date subject to availability and the following charges apply:
First transfer more than four weeks notice – no charge
Two to four weeks notice – 25% of course fee
Less than two weeks notice – 100% of course fee
All transferred courses must be taken within a period of 3 months of the original course date, unless otherwise agreed by MCS.
Transfers must be received in writing by email (email@example.com) and received by the due date and confirmed as received by MCS, please note MCS is not responsible for undelivered written confirmations. Transfers are not valid without a written receipt from MCS acknowledging receipt of your transfer request. MCS may from time to time require proof written confirmation was sent.
To change the date of a booking please see the above section. Should circumstances require you to cancel your order and you are unable to reschedule you agree to the following cancellation charges:
Less than 8 weeks notice – 25% of course fee
Less than 6 weeks notice – 50% of course fee
Less than 4 weeks notice – 100% of course fee
In the case where a refund is made to the Purchaser by MCS, the refund may take up to 30 working days to be processed. Refunds will be processed using the same payment method that the original payment was made. All deposits and credit card surcharge fees are non-refundable. Upon payment of your deposit you are contracted to pay the confirmed course fee at the time of booking, and MCS reserve the right to change prices at any time at their discretion. Upon payment of a deposit, the delegate is adhering to the MCS terms and conditions. Refunds will be made in GBP (£) for the exact amount originally received, less any cancellation, pre course fees that may be payable. MCS will not be liable for any fluctuation in exchange rates or bank charges for overseas refund transactions.
The Contract may be terminated by MCS 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 MCS if you in any way bring into disrepute the name, the reputation, the interests of, the employees, sub contractors or the goods and services of MCS.
MCS reserves the right to refuse or terminate any booking without reason. MCS does not accept liability for the consequences of any refusal or termination of any booking. However where possible MCS will endeavor 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.
Consequences of Termination
The termination of this Agreement howsoever arising is without prejudice to the rights, duties and liabilities of either party accrued prior to termination. The clauses which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.
All intellectual property rights for all course materials and website photographs and additional content shall remain the property of MCS. The purchaser/delegate agrees not to reproduce, sell, hire, lend or copy the course materials or use them except for the purpose of personal reference. MCS warrants that it will not knowingly include any copyright material in its course materials without license or consent.
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.
MCS 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.
MCS 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.
MCS 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 MCS or the registered trainer operating on behalf of MCS booked to deliver course training.
MCS liability is to provide a registered trainer 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 third party registered trainers advice.
The purchaser accepts MCS does not deliver all the training courses and advice therefore any liability for training advice is the liability of the trainer who have agreed to provide the training on the terms herein.
The purchaser shall indemnify MCS for any loss or expenses caused as a result of providing inaccurate information to MCS, mistakes contained within the purchasers customers order or personal injury or death caused by a purchaser or purchasers delegates not following the registered trainers guidelines correctly.
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.
MCS accepts no responsibility for certificates lost or damaged in the post or sent to inaccurate addresses supplied. In the event of lost or misplaced certificates, electronic copies will be sent free of charge. Certificates can be guaranteed and sent by recorded delivery at an additional charge on request. Paper replacement certificates will incur a charge of £9.00 per certificate. Applications to advise of lost certificates must be made within 2 weeks of the notification of dispatch. No investigations can be carried out after this time.
In the event of a dispute the parties shall agree to keep the dispute confidential and use all reasonable endeavors 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 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.
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 and contemplation of a party to this Agreement including, without limitation, acts of God, war, industrial disputes, protests, fire, flood, storm, tempest, explosion, an act of terrorism and national emergencies.