Open Face to Face Courses

Terms of business for open face to face courses offered by HowToMoodle Ltd

Terms of Business

The following terms of business apply to public training events offered by HowToMoodle Ltd. All work carried out is subject to these terms of business except to the extent that changes are expressly agreed in writing.

HowToMoodle Ltd

We are HowToMoodle Ltd, a private limited company registered in England and Wales No 05029965. Our Registered Office is at 11 Queen Street, Wellington, Telford, Shropshire, TF1 1EH. References in these terms of business to "you" or "your" shall refer to each and every party to this agreement (other than us).

Fees for training provided by us

Fees for training are due in full at the time of booking. At our sole discretion we may accept a valid purchase order. Our fees will be subject to VAT at the prevailing rate.

Cancellation

Cancellation by you:

• Cancellation more than four weeks prior to the start date of the course - we will refund 100% of fees received by us from you less a refund administration fee of £20 per participant cancelled.
• Cancellation less than four weeks, but more than two weeks before the start date of the course - we will refund 50% of the course fees we have received from you, less a refund administration fee of £20 per participant cancelled.
• Cancellation less than two weeks before the start date of the course - no refund of fees.
• Private bookings i.e. not business to business may be cancelled within 7 days of completing our booking form and receive a 100% refund (Consumer Protection (Distance Selling) Regulations 2000).
• Discounted places are always treated as being the first to be cancelled.

Cancellation by us:

• In the event that we cancel the course we will refund 100% of fees we have received from you without deductions.

Substitution of participants

We will allow participants to be substituted provided that the substitution is for the entire event and we are notified in writing no later than the working day prior to the commencement of the course.

Confirmation

All bookings are provisional until we have received cleared funds from you or other forms of payment which we may accept at our sole discretion.

Our responsibilities

We will provide the services offered with reasonable skill and care and in a timely manner. We reserve the right to withdraw, amend the content and/or format of any event without prior notice.

Information and confidentiality

Where we receive confidential information we shall take such steps as we in good faith think fit to preserve confidential information from unauthorised disclosure.

Except where there is specific agreement to the contrary, our client relationship with you shall not be treated as confidential information and we may disclose this fact to clients or prospective clients.

As a Moodle Partner we are contractually required to disclose certain information about clients, potential and actual, for the purposes of accounting and oversight of territories.

Intellectual property rights

We retain all copyright and other intellectual property rights in everything developed, designed or created by us either before or during a training event including systems, methodologies, software, know-how and working papers. We also retain all copyright and other intellectual property rights in any other original materials provided by us to you, including but not limited to workbooks, handouts and electronic files .

No part of any printed materials provided by us to you may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission.

You may not without our prior written consent, provide or offer to provide any part of the materials provided by us, or any services involving their use, on a commercial basis to any third party.

Our liability

You agree that any claim of any sort whatsoever arising out of or in connection with this course shall be brought only against HowToMoodle Ltd and that no claims will be brought personally against any other persons involved in the provision of the course, whether actual or deemed servants or agents of us or not.

Limitation of liability

You agree that our total liability to you in respect of breach of contract or breach of duty or fault or negligence or otherwise whatsoever arising out of or in connection with this course shall be limited to the total amount of the fees charged by us to you for the training event to which such claim relates.

Conflicts of interest

Where we, at our sole discretion, consider that the participation of any individual may be incompatible with the business activities of HowToMoodle Ltd we reserve the right to decline or withdraw any offer of a place on any training event we may offer. Where we withdraw a place and payment has been received by us we will refund such payment in full without deductions.

Third party rights

A person who is not a party to this agreement shall have no right to enforce any of its terms.

Force majeure

We shall not be liable in any way for failure to perform, or delay in performing, our obligations under this agreement if the failure or delay is due to causes outside of our reasonable control.

Variation

No variation to these terms of business are accepted unless confirmed in writing by a director of HowToMoodle Ltd.

Governing law and jurisdiction

These terms of business shall be governed by and construed in accordance with the laws of England and Wales and any dispute arising out of this engagement or these terms shall be subject to the exclusive jurisdiction of the English courts.

Last updated: 13th October 2009