Terms and Conditions
Application and entire agreement
These terms and conditions (T&Cs) will apply to the purchase of services detailed in our quotation (services) by the buyer (you) from Elephant in the Room Training Limited (‘EitR’)
The T&Cs will be deemed to have been accepted by you when you accept them or the quotation or from the date of delivery of the services (whichever happens earlier) and will constitute the entire agreement between us and you.
The description of the services is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation, you acknowledge that you have not relied upon any statement, promise or other representations about the services by us. Descriptions of the services set out in our sales documentation are intended as a guide only as we can tailor courses to suit.
Confirmation of Bookings
A short email acknowledgement will be issued on submitting an online booking form. Please note this is not confirmation of the course going ahead, this is just acknowledging your request to attend the course.
The full course confirmation will be sent direct to the person attending the course or booking organiser (attendee or booker) via email no later than one week prior to the start date of the course.
Attendees should NOT book accommodation/travel until they receive formal course confirmation details from us. EitR will not be responsible for costs incurred if the course has not been fully confirmed in writing.
The fees for our training courses are specific to each individual course. Full details of the course fees can be located on the relevant course page and these are intended as a guide to prices.
Prices include course notes, attendance certificates, lunch and refreshments on each day of the course (unless otherwise specified).
Prices are excluding VAT (VAT will be charged at the current UK rate).
Final prices agreed will be set out in our quotation.
You may be entitled to discounts, at the discretion of Elephant in the Room.
EitR will issue invoices for all course bookings. Our terms of payment are strictly 30 days from the date of the invoice and no later than the date of the course paid for. Payment must be made via BACS. Please note that EitR are unable to accept credit card payments.
For invoices still outstanding after 30 days, we reserve the right to charge interest for late payment in accordance with the Late Payment of Commercial Debts Regulations 2002.
For invoices still outstanding after 30 days and at the commencement date of the course TMS has the right to refuse the delegate(s) attendance on the course unless a justifiable reason is given for late payment.
Payment must be made in British Pounds unless otherwise agreed in writing between us.
Payment must be made in full under these T&Cs without deduction or withholding except as required by law and neither party is entitled to assert any credit, set off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
Cancellations can be made by telephone and/or email. EitR request that telephone cancellations are formally confirmed in writing (via email).
Cancellation fees will be charged at the following rates unless otherwise stated on individual booking forms:
7 - 28 days prior to course date (50% of course fee)
Less than 7 days prior to course date (100% of course fee)
Cancellation by EitR
EitR reserves the right to cancel courses or alter course dates. Should a course be cancelled or if the alternative date is not suitable and payment for that course has already been made, a full refund will be given.
EitR will not be liable for any costs incurred by the delegate unless full confirmation has been sent to the delegate.
We can terminate the sale of services under contract where:
- a. You commit a material breach of your obligations under these T&Cs;
- b. You are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
- c. You enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
- d. You convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is give by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.
- 1. When providing the services to the buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the buyer.
- 2. The parties agree that where such processing of personal data takes place, the buyer shall be 'data controller' and the seller shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
- 3. For the avoidance of doubt, 'Personal data', 'Processing', 'Data Controller', 'Data Processor', and 'Data Subject' shall have the same meaning as in the GDPR.
- 4. The seller shall only process personal data to the extent reasonably required to enable it to provide the services as mentioned in these T&Cs or as requested by and agreed with the buyer, shall not retain any personal data longer than necessary for the processing and refrain from processing any personal data for its own or for any third party's purposes.
- 5. The seller shall not disclose personal data to any third parties other than employees, directors' agents, subcontractors or advisers on a strict 'need to know' basis and only under the same (or more extensive) conditions as set out in these T&Cs or to the extent required by applicable legislation and/or regulations.
- 6. The seller shall implement and maintain technical and organisational security measures as are required to protect personal data processed by the seller on behalf of the buyer. Further information about the seller's approach to data protection are specified in its Data Protection policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can contact our Director at the following email address: firstname.lastname@example.org.
Circumstances beyond the control of either party
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.