Ben Training terms and conditions

1.1. Bookings should be made and confirmed by completing
a BenTraining booking form to be returned by email to
bentraining@ben.org.uk.

1.2. Upon receipt of your booking form, we will send you a
booking confirmation and invoice by email.

1.3. The invoice will set out the course(s) that you have booked,
the cost of the course(s) and the resources that we will require
under clause 7 to deliver the course(s).

2.1. Payment of the fee for each course booked, together with
any VAT payable in respect of it or them is due 30 days from
the date of the invoice or before the seminar date whichever is
the sooner.

2.2. The organisation placing the booking shall be liable for
payment of the fees and VAT.

2.3. We reserve the right to claim interest pursuant to the
Late Payment of Commercial Debts (Interest) Act 1998 on
overdue fees, and we may also refuse to deliver the course(s)
in question without payment being received in full.

3.1. All cancellations must be made in writing.

3.2. For bookings cancelled at least 28 days (by 5.00pm) prior
to the course date we will refund the course fee(s).

3.3. For bookings cancelled at least 28 days prior to the course,
organisations may rearrange and send delegates on other of
our courses of equivalent value free of charge. Where the
substitute course costs less, the balance will either be held in
credit against your account or set off against outstanding fees
at our discretion.

3.4. For bookings cancelled within 27 days or fewer prior to
the course date (by 5.00pm and inclusive of the course date
itself) the course fee remains payable and is non-refundable.

We require final delegate numbers at least 7 days prior to the
course date. The attendance of any delegate or delegates from
any firm or organisation other than the organisation, or a
subsidiary company of that organisation, which booked the
course(s) in question is prohibited.

The course fee does not cover the cost of venue, equipment or
catering requirements which will be your responsibility.

Course materials are prepared solely for the benefit of
delegates and should not be relied upon nor used instead of
individual consultation. Neither the author of any course
materials, nor Ben accepts responsibility for loss howsoever
occasioned to any person or persons arising from reliance on
those course materials.

7.1. We will give you details of the technical equipment
required at your premises (or other premises by prior
agreement with us) for the delivery of the courses that you
have booked.

7.2. You agree to provide at no charge to Ben:

7.2.1.1. AV conference equipment including at the least
a projector and sound system together with broadband
wireless internet access;
7.2.1.2. A main conference room and break out rooms,
together with refreshments which will be specified by
Ben when it confirms your booking of the course(s).

7.3. It is your responsibility to ensure that your technology will
operate satisfactorily, and Ben shall not be liable or responsible
for any technical issues which may arise as a result of your
failure to do so.

7.4. If you do not comply with your obligations in this clause
or otherwise set out in these terms and conditions, then you
will be liable to reimburse us on demand for any costs or losses

Copyright and all other intellectual property rights in the
courses and course materials remains vested in Ben and/or its
presenters.

We shall not be liable to you for any of the following
howsoever arising: indirect or consequential loss, loss of
profit, loss of earnings and revenue, loss of time, loss and/or
corruption of data or anticipated savings or goodwill. In any
event Ben’s maximum liability to you for any claim arising
(whether in contract, negligence, tort or otherwise) shall be
limited to the fee paid in respect of the courses you have
booked.

Ben shall not be liable for any delay or failure in performance
if that delay or failure result from events, circumstances or
causes beyond its reasonable control.

No failure or delay by Ben to exercise any right or remedy
provided under these terms and conditions or by law shall
constitute a waiver of that or any other right or remedy, nor
shall it prevent or restrict the further exercise of that or any
other right or remedy.

If any provision or part-provision of these terms and
conditions is or becomes invalid, illegal or unenforceable, it
shall be deemed modified to the minimum extent necessary
to make it valid, legal and enforceable. If such a modification
is not possible, the relevant provision or part-provision shall
be deemed deleted. Any modification to or deletion of a
provision or part-provision shall not affect the validity and
enforceability of the rest of these terms and conditions.

13.1. These terms and conditions apply to any agreement
relating to the provision of training services or courses by Ben
to you to the exclusion of any other terms that you may seek
to apply impose or incorporate, or which are implied by trade
custom practice or course of dealing.

13.2. You will provide us, our servants, agents and employees
with any information or facilities that we reasonably request
in order to enable us to provide the courses that you have
booked.

13.3. We reserve the right to alter the course content, speaker
or venue where necessary. Should we have to cancel a course
we do not accept responsibility for travel, accommodation or
other costs which may have been incurred by any delegate.

13.4. Any advertisement description illustration or sample of
a course or any other product or services supplied by Ben is
issued for the sole purpose of giving an approximate idea of
the course or other product or service described in them and
they shall not form part of any contract between you and Ben.

13.5. You and we accept that for the purposes of the Data
Protection Act 1998 and the General Data Protection
Regulation, you are the Data Controller and we are the Data
Processor, and each of us agrees to comply in all respects with
our respective obligations in relation to the processing of those
data.

13.6. Nothing in these terms and conditions shall limit or
affect any loss or damage for death or personal injury as a
result of Ben’s negligence.

13.7. A person who is not a party to this agreement shall have
no rights under the Contract (Rights of Third Parties) Act 1999
to enforce any of its terms.

13.8. These conditions shall be subject to English law and any
dispute and/or difference shall be determined by proceedings in the English courts.