Terms and Conditions for Training Courses

1. An estimate for The Performance Solution (2004) Ltd’s charges and expenses for the assignments is provided in your Proposal. This remains valid for the period stated in the Proposal or for ninety days from the date of submission, whichever is the shorter.

2. 100% of your fees for open courses will be invoiced immediately. For in-house work, 50% of fees will be invoiced on written agreement and 50% on completion of delivery. For delivery over a period longer than one month, we will invoice monthly in arrears or at fixed stages as agreed in the Proposal. All invoices are payable together with Value Added Tax within thirty days of the invoice without the right of set-off or counterclaim statutory or otherwise. A signed contract must be in place prior to any in-house work being delivered.

3. In the event of cancellation by the Client, the Client shall be liable for all consequential charges imposed on The Performance Solution (2004) Ltd by any third party.

4. In the event of cancellation by the Client, the Client shall nevertheless remain liable for all agreed fees on a proportional basis in accordance with this clause within 30 days of that cancellation:

Courses/interventions and assignments
• Cancellation within 2 weeks of delivery:
100% of agreed fees will be payable
• Cancellation within one month of delivery:
80% of agreed fees will be payable
• Cancellation within two months of delivery:
50% of the agreed fees will be payable

1:1 Coaching
• Cancellation within 3 working days of delivery:
100% of agreed fees will be payable
• Cancellation within 5 working days of delivery:
80% of agreed fees will be payable
• Cancellation within 10 working days of delivery:
50% of agreed fees will be payable

5. If the Client fails to make payment as required by these Terms of Business or if the Client shall go into liquidation or has a Receiver or Administrator appointed, then The Performance Solution (2004) Ltd shall have the right to cancel this contract and discontinue any work and all sums owing at that time shall become immediately payable as a debt to The Performance Solution (2004) Ltd.

6. The Performance Solution (2004) Ltd reserves the right at any time prior to completion of the contract to adjust the price to take into account any increase in the cost of raw materials, labour, services or other overheads. Where possible, one months’ notice in writing of any change affecting the proposed estimate will be given.

7. Individual consultants will be selected and agreed with the Client. However, in the event of illness or any other reason affecting the availability of the selected consultant, The Performance Solution (2004) Ltd reserve the right to substitute a suitable replacement. In the event of cancellation by The Performance Solution (2004) Ltd due to illness of a consultant or any other reason beyond its control and a suitable replacement is unavailable, then The Performance Solution (2004) Ltd will reschedule the work or course as soon as possible after the cancelled date. No fees will be payable to The Performance Solution (2004) Ltd for the cancelled work or course. The re-scheduled programme will be payable at 80% of the agreed fees.

8. In line with Late Payment of Commercial Debts (Interest) Act 1998/2000/2002 regulations, interest on overdue accounts will be levied at 3.5% of the net amount per month.

9. In the event of cancellation by The Performance Solution (2004) Ltd due to illness of a consultant or any other reason beyond its control, The Performance Solution (2004) Ltd will not be responsible for any consequential losses by the client for cancelled accommodation or any other liability. In particular, The Performance Solution (2004) Ltd will not be responsible for any financial, economic or indirect loss incurred by the client including loss of business, profit, and income or missed opportunities. It is the client’s responsibility to take out suitable insurance cover to protect its property and business interests.

10. It is a condition of acceptance of the attached proposal and of any Contract arising there from that the Client will not recruit or employ either directly or indirectly either full or part time any person who is employed by The Performance Solution (2004)  Ltd upon or in connection with the execution of this project without The Performance Solution (2004) Ltd’s prior consent in writing either during the execution of this project or for a period or one year from the completion hereof.

11. All intellectual rights in products developed by The Performance Solution Ltd will be the absolute property of The Performance Solution Ltd unless specifically developed on behalf of and for a client and for the sole use of the client, when a different agreement may apply.

12. The duplication, resale or delivery to a third party of such product by the Client is not permitted unless The Performance Solution (2004) Ltd has previously granted express written permission.

13. Travel to the course venue on the evening prior to commencement of the event will be undertaken at the sole discretion of the Consultant taking into consideration other commitments. In the event that the Client’s choice of venue is some distance from the selected Consultant’s base, then The Performance Solution (2004) Ltd reserves the right to agree additional charges for travelling time.

14. For train travel in excess of four hours, the Consultant shall travel First Class. For Air travel in excess of five hours, the Consultant shall travel Business Class unless agreed otherwise in advance.

15. The person signing the contract shall expressly warrant that he/she has the authority of all persons included in the programme, whether detailed by name or not, to make application upon foregoing conditions on their behalf.

16. These Terms and Conditions supersede any conditions associated with client purchase orders unless otherwise agreed in writing.

17. A course booking, the production of any material or the agreement to provide any service does not give either party the right to use the other’s name, or the name of any of its Directors or representatives for advertising. Each party must seek consent before posting advertisements, direct mailing or seeking media advertising or editorial coverage of any kind whether in the press, over the Internet or on radio or television. Each party reserves the right to amend or refuse to allow any such advertisement to be published if, in its opinion, any such publication would not be of benefit to it.

18. This agreement shall be governed by and construed in accordance with the laws of England and Wales.