Advance Performance | Terms & Conditions
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Terms & Conditions

Terms & Conditions

DEFINITIONS
The following words or phrases shall have the following meanings:

“The Client”

Any person, persons partnership or body corporate to whom and to which the Company shall supply Training Services and to whom a copy of these Terms and Conditions shall have been supplied.

“The Company”

Advance Performance

“Training Services”

The provision of training programmes, courses, consultancy, recruitment or other services by the Company to the Client

“The Agreed Fee”

The amount to be paid for the Training Services and agreed in writing between the parties

“The Agreed Date”

The date or dates agreed for the provision of Training Services

“Disbursements”

The cost of course notes and materials, delegate lunches and refreshments, trainer travelling, accommodation and subsistence expenses, and training facility/venue hire and equipment hire
1. These Terms and Conditions shall form the entire understanding between the parties whenever the Company shall supply Training Services to the Client. Variations may only be made in writing, such variations to be signed or acknowledged by the Company in writing.
2. The Company agrees to supply the Training Services upon the Agreed Date and at the times agreed between the parties in writing.
3. Payment

a) The Agreed Fee shall be paid by the Client to the Company within seven days of the date of the invoice for the Training Services or not less than fourteen days prior to commencement of the Training Services (whichever shall be the later)
b) In the event of any course or programme being delivered over a previously agreed time-scale (ie not following on consecutive days) each module or group of modules shall be treated as stand alone and the Company shall be entitled to submit an invoice for payment prior to the commencement of each module or group of modules and if submitted payment shall be due according to clause 3a). It is further agreed that payment of such invoice or invoices shall not be contingent upon completion of the subsequent modules.

c) In the event of the Client ordering a series of courses or programmes, payment for any one such course or programme shall be due in accordance with clauses 3a) and 3b) and shall not be contingent upon completion of all or any later part of such series.

4. In the event of the Client cancelling the Training Services it shall be liable to the Company for payment in the following manner:

Period before the
Agreed Date

12 weeks or longer

8 – 12 weeks

6-8 weeks

4-6 weeks

1-4 weeks

less than 7 days

Percentage of
Agreed Fee payable

no fee

10%

25%

50%

75%

100%

5. The Agreed Fee shall where applicable (unless otherwise agreed in writing) exclude Disbursements. Figures will be supplied for Disbursements on request.
6. All figures quoted for either the Agreed Fee or Disbursements shall be VAT exclusive and VAT shall be charged where appropriate at the rate in force for the time being.
7.It shall be the Client’s responsibility to ensure that delegates attend at the relevant time and place upon the Agreed Date for the provision of Training Services. No allowance will be made to the Agreed Fee should any delegate fail to attend unless covered by the provisions of clause 4.
8. Training Services shall be supplied by such Facilitator and in such manner determined at the absolute discretion of the Company.
9.There shall be no right of set-off in respect of individual invoices delivered to the Client nor in respect of invoices delivered to any parent, subsidiary, or other Company being part of a group of which the Client is also a member.
10. Where applicable, the masculine gender shall include the feminine and the singular shall include the plural.
11. These Terms and Conditions shall be governed by the laws of England and Wales.