Prospects Training International Limited (Scottish Company No: SC287175) trading as Geason Training with its registered office at Geason Training House, 3rd Floor,145 North Street, Glasgow G3 7DA (“Geason”); and the (“Customer”), being the company, business, sole trader or organisation of any other type detailed in the “Customer Details “section of the Contract document.
- GEASON Training has expertise in delivering training services on the terms and conditions set out in this Agreement; and
- (B) the Customer has agreed to accept the provision of these services on the terms and conditions set out in this Agreement including payment of the fees set out herein.
IT IS HEREBY AGREED as follows
In this Agreement-
“Awarding Body” means an organisation approved by the Office of Qualification and Examination Regulation (Ofqual) to award and accredit qualifications under the Qualifications and Credit Framework;
“Commencement Date” means Learner Enrolment Date.
“Course” means any programme of training and/or assessment provided by the Geason Training;
“Funding Body” means the Skills Funding Agency of Cheylesmore House, Quinton Road, Coventry CV1 2WT, and CITB Construction Skills of Bircham Newton, Kings Lynn, Norfolk, PE31 6RH or any other similar funding body as may provide funding in respect of the provision of a Course;
“Funding” means the total amount of funding payable to Geason Training by a Funding Body, or to the customer by a funding body in respect of the provision of a Course to a Learner (meaning not only any initial payment made by a Funding Body but the aggregate of payments in respect of each such provision); and
“Learner” means an individual who enrols and is confirmed as eligible to attend or participate in a Course
“Duration” is the estimated duration of the course and does not guarantee that the course shall be completed in the timescale indicated.
“Completion” is when the certificate is issued for the course in which the learner has participated.
- Geason’s Training obligations
- With effect from the Commencement Date, Geason Training will use reasonable skill and care to deliver the training in accordance with guidelines set down by the relevant awarding body and funding bodies.
- This contract is divisible. The work performed in each period during the currency of the contract shall be invoiced separately. Each invoice for work performed in any period shall be payable by the customer in full in accordance with the terms of payment provided for herein, without reference to and not withstanding any defect or default in the work performed or to be performed in any period.
- Customer’s Obligations
- The Customer hereby irrevocably agrees to pay to Geason Training in respect of each Learner a fee (the “Fee”) as set out in the course qualification details to this Agreement for the Learner’s attendance at or participation in the Course(s) he or she registers to attend or participate in. If applicable, VAT shall be payable in addition to the Fee, upon submission by Geason Training of a valid VAT invoice.
- Each Fee shall be paid within 30 days of issue of Geason Trainings invoice, which it may render at any time after the point as specified in the schedule and subject to any conditions therein.
- Any agreed instalments shall be payable pro-rata monthly for the duration of the Learners’ participation on the Course, or in accordance with any planned programme set out in the schedule.
- Where payment or part payment is made by monthly instalments, the first instalment falls due one week prior to the course starting and on that same date monthly thereafter.
- Every learner enrolled and confirmed as eligible to attend or participate in a course by Geason Training shall be included in this contract and covered by its terms
- Geason Training shall not be held responsible for any CITB grant monies that are not paid to customers due to the customers’ failure to submit the levy return and/or pay the required levy in accordance with CITB grant conditions
- Should payment of any Fee be made after the date on which it is due in accordance with this Agreement, Geason Training shall be entitled to charge interest on these at a rate of 4% above the then base lending rate of the Royal Bank of Scotland Plc from time to time, such interest to be applied daily and to run from the due date of payment to the date of actual payment in full.
- Payments shall be made to account details as stated on invoice.
- The person purporting to execute this Agreement on behalf of the Customer warrants that he is properly authorised to do so and to bind the Customer to this Agreement.
- This contract applies to all learners enrolled from this date henceforth. Geason Training reserves the right to review the fee schedule in the event of changes to funding rates or conditions. Any changes shall be communicated to the customer prior to any further enrolments.
- Stated fees apply to qualifications and courses delivered following the initial enrolment of each candidate. Any qualifications or courses subsequently delivered following a further enrolment shall be subject to additional charges unless otherwise stated.
- If the actual course duration is less than the indicated duration estimate, then the aggregate of outstanding monthly payments shall be rolled up and invoiced on completion. If the actual course duration is greater than the estimated duration then the monthly payments shall cease on the expiry of the estimated duration, with the completion payment being invoiced on actual completion. In all cases, the cost of the course shall be equal to the indicated fee per learner where the learner successfully completes the course.
- If the learner leaves the course prior to completion due to loss of employment or contract, then any outstanding monthly instalments and completion payment shall not be payable. No refund shall be payable for any monthly instalments paid prior to the date on which the learner leaves the course.
- If the learner leaves the course for any other reason than those stated in clause 4, or if course completion cannot be effected due to a refusal by the employer or contractor to allow access to the learner by Geason Training or representatives of Geason Training, then the customer shall be liable for the full fee for the learner.
- Failure by Geason Training at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of them or a waiver of their right to enforce such Terms and Conditions in the future.
- This contract is valid for learner starts in the 2015/16 (1st Aug 2015- 31st July 2016) and 2016/17 funding years and (1st Aug 2016- 31st July 2017). Any starts within these periods will be subject to amended costs relative to changes in funding terms and conditions as set down by the relevant funding bodies).
- The prices above are excluding VAT @ 20%. All invoices issued will show the above amounts and also VAT payable at 20%.
- Governing Law And Jurisdiction
- This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, Scots law.
- The parties irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter.