Magic Training Ltd. Terms and Conditions for the Provision of Training
1. Definitions
- Attendees: Individuals registered to participate in Training.
- Cancellation Fee: The fee payable by the Customer for cancelling the booking.
- Course Date: The agreed date for the Training session.
- Confidential Information: Proprietary information belonging to the Awarding Body, Other Clients or Magic Training.
- Customer: The individual or entity booking the Services.
- Location: The venue for the Service Provision.
- Fees: Payments for the Services as specified.
- Services: Courses and qualifications provided by Magic Training.
- Business Days: Monday to Friday, excluding public bank holidays.
2. Provision of Training Services
2.1. If Training Services are delivered at the Client’s premises, the Client will provide necessary facilities and equipment.
2.2. Magic Training is not responsible for deficiencies caused by the Client’s failure to provide required information or support.
2.3. Magic Training may subcontract Training Services, but remains responsible for their delivery.
3. Fees and Payment
3.1. Fees, currency, and payment terms are outlined in the Booking Form. Payments are due as stated on the invoice, are non-cancellable, and non-refundable. Magic Training may suspend services for unpaid amounts, except for those disputed in good faith. All taxes are the Client’s responsibility.
4. Client Responsibilities
- To ensure Attendees attend the Location on the Course Date.
- To ensure Attendees are suitable for the Magic Training.
- To comply with Magic Training’s instructions and applicable laws.
- To withdraw Attendees upon Magic Training’s request.
- To pay all Fees on time.
- To pay any applicable Cancellation Fees.
5. Magic Training’s Obligations
- To provide the Services at the Location on the established Course Date.
- To exercise reasonable skill and care in the provision of the Services.
- Magic Training warrants the right to provide Training Services and will perform them according to industry standards.
6. Changes, Transfers or Cancellation
6.1. Client must notify Magic Training in writing for date changes or cancellations, subject to fees: [Fee schedule for changes and cancellations].
6.2 All Clients must pay in full 20 Working Days prior to the Course Date or if the Client books a course within the 20 Working Days prior to the Course Date, the Client must pay in full when submitting the Booking Form or by the end of the Working Day prior to the Course Date, whichever is the earlier.
6.3 Where attendance on a course results in certification of a customer, Magic Training LTD reserves the right to delay such certification until all Payments have been made.
6.4 The transfer option only relates to Attendees who are transferring to a different date on the same course. The choice of course date must be specified at the time of transfer (otherwise the instruction will be considered a cancellation). The option to transfer can only be used once for each Attendee, after which any transfer will be considered a cancellation.
7. Cancellation by Magic Training
7.1. Magic Training may change venue, postpone, cancel, or change instructors for justified reasons.
7.2. Client will be notified of changes. If no alternative is offered, no fees will be charged. Magic Training is not liable for Client expenses related to changes or cancellations.
8. Term and Termination
8.1. The Agreement term is specified in the Booking Form. Either party may terminate for material breach not cured within 10 days or repeated breaches. Termination also occurs in case of insolvency, bankruptcy, malpractice or maladministration.
9. Intellectual Property
9.1. Client trainees may search, view, copy, print, and use materials for personal training purposes.
9.2. Training materials cannot be reproduced, forwarded, or disclosed. Intellectual property rights to training materials is retained by the Awarding Body or Magic Training as applicable.
10. Warranty
10.1 Magic Training is not responsible for incompatibility issues – it is the responsibility of the client to ensure the Service requested is the correct one for their needs. Changes to the Service provided may be subject to additional fees.
10.2 Magic Training warrants to provide Training Services according to Awarding Body and Industry standards.
11. Limitation of Liability
11.1. Magic Training LTD does not exclude its liability (if any) to the Customer for a breach of its obligations arising under Section 2 Sale and Supply of Goods and Services Act 1982; for personal injury or death resulting from its negligence; under Section 2(3) Consumer Protection Act 1987; for any matter which it would be illegal to exclude or to attempt to exclude its liability; or for fraud or fraudulent misrepresentation
11.2 The total liability of Magic Training Ltd to the Customer for any reason and upon any cause of action shall be limited to the amount of any Payments and other charges which the Customer has paid to Magic Training Ltd under the agreement.
11.3 Magic Training Ltd will be under no liability whatsoever for any:
- loss of profit (direct or indirect);
- loss of revenue, loss of production or loss of business (in each case whether direct or indirect);
- loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct or indirect);
- loss of data (direct or indirect);
- loss of anticipated saving or loss of margin (in each case whether direct or indirect);
- liability of you to third parties (whether direct or indirect); or indirect, special or consequential loss.
12. Confidentiality
12.1 The policy with respect to data protection is detailed on Magic Training LTD website, which should be read in conjunction with these terms.
12.2 Each party shall maintain the strict confidentiality of all Confidential Information disclosed by the other party in connection with this Agreement. Confidential Information means any information disclosed by one party to the other, whether orally, in writing, or by electronic transmission, that is marked as confidential or proprietary or that should reasonably be understood to be confidential. Each party shall use its best efforts to protect the confidentiality of the other party’s Confidential Information as it protects its own confidential information. Neither party shall disclose any Confidential Information of the other party to any third party without the prior written consent of the other party, except as required by law or court order.