Standard Terms and Conditions
a) ‘The Company’ is “Fig Landscaping Ltd”, a provider of training and assessment services.
b) ‘The Client’ is the Person, Organisation or Company who has contracted with Fig Landscaping Ltd for the provision of training or assessment/testing services.
c) ‘The Candidate(s)’ are the person or persons who are being trained or assessed by The Company.
d) ‘The Course Joining Instructions’ is the document or facsimile from The Company to The Client, confirming arrangements for the service(s) to be provided by The Company.
2. The Courses & Programme:
The training and assessment courses will be defined in the ‘Course Joining Instructions’. Full details of each course provided by The Company, can be obtained from The Company. The Company undertakes to provide training/testing using suitably qualified trainers and to operate within the framework of the professional body under which the training is being provided. The Appropriate accreditation certificate(s) of The Company can be inspected at The Company’s office.
3. Location & Facilities
The Company offers training courses and testing at The Client’s premises or on live sites. The Client is providing the plant, vehicle or other equipment belonging to The Client, or hired by The Client, The Client shall indemnify The Company against risk damage, loss or claims from or to any party resulting from any act of negligence on the part of The Client’s employees or other Candidates undertaking the course. The Client will be responsible for the ensuring that its own premises and employees operate under the appropriate Employers Insurance policies, and The Company will have the right to inspect evidence of The Client’s Public Liability Insurance Cover on request in order to conduct training on The Client’s Premises, The Company will require: The Client’s truck, plant, vehicles or other equipment to be in a safe and sound mechanical condition for the duration of the course, copies of 6-monthly inspection certificate’s, a practical training area set aside from the main working area and preferably under cover. In addition, forklift courses will require a supply of stackable loads & empty pallets in the training area. On all courses, The Company will require access to a room in which to conduct theoretical training, presentation and testing.
The Company reserves the right to refuse to accept any Candidates on a course, or to refuse to continue training any Candidate, on the grounds of unsafe or unacceptable behaviour or an attitude that is inconsistent with a training environment.
5. Charges & Invoicing
All costs agreed with The Client, will be itemised on the bill with Quantity, Unit Amount, Net & VAT amount all divided within in columns.
The Company’s charges will be defined in our “Booking Confirmation” document and on The Company’s invoice. All accounts are subject to VAT at the prevailing rate. Unless otherwise stated by Fig Landscaping Ltd. The Client will pay full charge by BACS to The Company on the receipt of the “Booking Confirmation” document and 10 day before the course/test is undertaken. Exceptions to this condition are by prior arrangement only with Fig Landscaping Ltd and will be specifically stated on the ‘invoice’, in which case The Client will pay the full charge by BACS to The Company within 30 days of completion of the course or will be required to pay a 20% surcharge. The Company reserve the right to withhold Training Certificates until full payment has been received for the training that has been undertaken. All certificates remain the property of Fig Landscaping Ltd, until payment is made in full. A surcharge of 20% will be payable if payment is not received by ‘The Company’ on completion of training. If after 40 days of completion of the course, payment has not been received then any outstanding invoice will be referred to The Company recovery agency and will be subject to a further surcharge of 15% plus VAT to cover the collection costs incurred. This extra surcharge, together with all other charges and legal fees incurred will be the responsibility of the customer & will be legally enforceable.
In the event that The Client cancels any course after confirmation, full course fees will be fully payable to Fig Landscaping Ltd. In the unlikely event that The Company is unable to proceed with a course on an agreed date, The Company will endeavour to agree a suitable alternative date with The Client, though The Company will not be liable for any consequential loss arising from postponement or cancellation of the course The Company reserves the right to refuse to conduct training where, in The Company’s opinion, conditions or practices are found to be in breach of Health and Safety Legislation. In the event of The Company cancelling a course for these reasons, all course fees will be fully payable to Fig Landscaping Ltd.
8. General Provisions
The Company shall be responsible for providing competent training and assessment services and for completing the courses that are run, unless such courses are terminated at the request of The Client or for Health & safety reasons. The Copyright of all course notes and all representational material relating to the course(s) will rest with Fig Landscaping Ltd. The Client shall not reproduce, copy or save any of the material in any manner except with the express approval of The Company. Any variations, charges or amendments to the Standard Terms & Conditions of Trading can only be made and given in writing by the Director of Fig Landscaping Ltd. No other amendments to the Terms & Conditions will be applied.
9. Data Protection Statement
Fig Landscaping Ltd abides by the principles set out in the Data Protection Act (2018).