Terms and Conditions of SDDW Hospitality Limited and any trading name of, and not limited to, Forge Graphic Design Studio, The Academy and Crackin Candy Events
1. Meanings of Words Used:
‘Agreement’ means the terms and conditions which form the basis upon which we will provide the services to you as set out in this document.
‘Bank holiday’ means a bank holiday under the Banking and Financial Dealings Act 1971.
‘Booking form deadline’ means the last date for return of the completed booking form from you to us and is 7 days from you receiving the booking form from us.
‘Cancellation fees’ means the fees payable by you to us in the event that you cancel a confirmed booking.
‘Cancellation notice’ means written notification to us by which you cancel a confirmed booking.
‘Confirmed booking/bookings’ mean a request by you for us to provide services to you which has been made in accordance with this agreement.
‘Delegate/delegates/delegation’ means a person or persons attending the training course, assessment or online learning provided by us as part of the services.
‘Effective date’ means the date upon which, according to the terms of this agreement, a cancellation notice is received by us.
‘Estimate’ means the document in which we set out a summary of the services to be provided.
‘Fee/fees/rate’ mean our charges for the provision of the services.
‘Invoice’ means the invoice which we sent to you in relation to our fees for the provision of the services.
‘Quotation’ and ‘training proposal’ mean a written document which we have sent to you in which we: 1) set out details of the services to be provided; and 2) state the price to be paid for the provision of those services.
‘Reservation/reservations’ mean a non-binding agreement to provide services before a confirmed booking is made.
‘Service/services’ mean the training course, assessment or online learning provided, or to be provided, by us and which are set out in our quotation or training proposal.
‘Trainer/trainers’ means the person or persons who deliver the training to the delegate. means the person or persons who deliver the training to the delegate.
‘Training date’ means the date on which the services are to be provided or commenced.
‘Training time’ means the time at which the services are to be provided or commenced.
‘We/us/our’ mean SDDW Hospitality Limited Ltd, its authorised agent(s) or representative(s).
‘Working day’ means any day except Saturday, Sunday, a bank holiday, Christmas Day or new years day.
‘You/your/yours/yourself’ mean the person who, or company which, has made a confirmed booking or a reservation in accordance with this agreement.
2. The Services
2.1. We will provide the services if a confirmed booking has been made in accordance with section 3 of this agreement.
2.2. The nature and extent of the services which are to be provided will be confirmed in writing, and confined to, those set out in the estimate or, subject to clause 12 of this agreement, any subsequent variation thereof.
3. Bookings and Reservations
3.1. A confirmed booking will be made once SDDW Hospitality Limited are in receipt of acceptance of services in writing. Any estimates provided are deemed as expired after 14 days of the date of issue. After this time another estimate will eed to be sought and may differ in the original value.
3.2. All remaining monies outstanding in ay invoice are required to be paid within 28 days of the date of issue. The 30 day period will include weekends and public holidays.
3.3. A retainer deposit is required at the time of booking amounting to 15% of the total estimate value. Failure to provide a deposit within 7 days of services being provided will result in the booking being released by SDDW Hospitality Limited.
3.4. Once a confirmed booking is made in accordance with this agreement, we will provide the services to you in accordance with, and at the time and place set out in, the booking form.
3.5. We may agree to make a reservation but will not be obliged to provide any services if a confirmed booking is not made in accordance with this agreement. Either you or we may cancel a reservation before a confirmed booking is made. If a reservation is cancelled, no fees will be payable to us.
4. Identity of Trainer
4.1. Trainers are selected based on expertise and suitability for the services which are to be provided.
4.2. Selection of the trainer shall be at our sole discretion and may include consultant trainers based on expertise and availability.
5. Payments and Refunds
5.1. You will pay our fees in the amount and by the time set out in our booking form. A 5% admin charge will be added to any fees not paid by the time set out in our invoice.
5.2. If payment of our fees is not received within 28 days of the time set out in our invoice then the file will be passed to our appointed solicitors to enforce payment of the fees.
5.3. Subject to the provisions of clause 6 of this agreement, you will not be entitled to any refund if a delegate does not attend, or fails to complete, any training course, assessment or seminar forming part of the services.
6.1. You may cancel a confirmed booking in accordance with this clause 6. To cancel a confirmed booking, you must inform us in writing or by email.
6.2. A cancellation notice must be sent either by email to email@example.com or by post to SDDW Hospitality Limited, 35 Forge Road, Ayr, KA89NJ.
6.3. If the cancellation notice is sent by post, the date on which we received it is the effective date. If the cancellation notice is sent by electronic means the effective date will be the date of receipt by SDDW Hospitality.co.uk
6.4. If you cancel a confirmed booking you must pay our cancellation fees. Our cancellation fees are calculated as a percentage of our fees. The percentage payable varies depending upon the number of days between the effective date and the training date booked as follows:
Over 15 days prior to commencement date: 0% of booking value due (Payment due within 14 days of cancellation)
14-7 days prior to commencement date: 15% of booking value due (Payment due within 14 days of cancellation)
7-0 days prior to commencement date: 25% of booking value due (Payment due within 14 days of cancellation)
6.5. If we cancel a confirmed booking, no refund is due so long as, we have made a reasonable offer to you to rearrange the provision of the services. If no such offer has been made, then you are entitled to a full refund of any fees paid.
6.6. We and you agree that, save as set out in this clause 6 and in clause 9, neither we nor you are liable to reimburse, or otherwise meet, any costs, fees, expenses or losses arising as a result of cancellation of a confirmed booking.
6.7. Any LMS Training comes with a 14 day cancellation period. Refund requests should be made to firstname.lastname@example.org. Refunds of any monies paid will be made within 14 days to the original payment method. At the point of any refund request being made, access to SDDW Hospitality’s Limited content will be removed. All content removed from our platform will remain intellectual property of SDDW Hospitality Limited and may not be used without prior written permission. Any unauthorised usage such as but not limited to recording, copying, saving, sharing will be deemed as theft an recovery of any losses will be sought.
7. Equipment and Belongings
7.1. We are not liable for loss or damage to your equipment or other belongings, nor those of delegates, howsoever caused. You are liable for any damage caused by you or by delegates to materials or equipment which we provide to them for use during the provision of the services.
7.2. In the event that any representative of SDDW Hospitality Limited is provided with company equipment by the client to complete their agreed duties will remain the property of the client. It is the clients sole responsibility to cover, maintain and protect against and not limited too, damage, replacement, upgrades, software purchases and data breaches from the use of any property provided.
8. Health & Safety
8.1. We and you agree that the responsibility for health and safety of you and delegates remains with you throughout. For example, if and to the extent that one may be necessary, you are responsible to yourself and to delegates (and for all other purposes and to any and all other third parties) for undertaking a risk assessment relating to both the location at which the services are to be provided and to the provision of the services.
9. Right to Remove
9.1. We and the trainer have the right, at our or, as the case may be, the trainer’s, sole discretion, to request that a delegate removes him or herself from any training course, assessment or seminar on reasonable grounds, including on grounds of health and safety and of misconduct. Notwithstanding a delegate may have removed him or herself from the training course, assessment or seminar, you will remain liable for 100% of our fees.
9.2. If the delegate refuses to remove him or herself from any training course, assessment or seminar following a request made in accordance with clause 9.1, we and the trainer have the right, at our or, as the case may be, the trainer’s, sole discretion to terminate the provision of the services.
9.3. If the conduct of a delegate is such that we or the trainer reasonably consider that the provision of the services must be suspended or cancelled as set out in clause 9.2, you will be liable to pay 100% of our fees.
10. Force Majeure
10.1. The provision of the services may be totally or partially suspended or cancelled by us or the trainer at any time if and to the extent that delivery is prevented through any circumstances beyond our or the trainer’s control.
11.1. We retain all intellectual property rights in all of the materials and/or documents and/or software which are made available to you and/or any delegate or delegates. Neither you nor any delegate or delegates may reproduce, retrain modify, amend, store in any retrieval system or transmit those materials and/or documents and/or software in any form or by any means without the express written permission of the trainer or us.
12.1. No variation of these terms and conditions will be valid unless evidenced in writing.
13. Entire Agreement
13.1. This agreement represents the entire agreement between you and us.
14. Governing Law
14.1. The law of Scotland applies to this agreement.