Terms & Conditions
Important notice: Please read carefully before buying training courses or accessing or downloading any training materials from our website.
APPLICATION
These terms and conditions (the Terms and Conditions) shall apply to the provision of the Training by Phew Design Limited to the Client.
INTERPRETATION
In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:
Agreement: these Terms and Conditions and the signed Contract for Services.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Charges: the charges payable by the Client for the Training in accordance with the agreed training schedule
Contract for Services: The document sent by Phew to Client, following an indication by Client that it wishes to obtain training services from Phew, setting out the details of the Training to be provided and the basis upon which Phew proposes to provide them.
Delegate(s): an individual or representative scheduled by the Client to attend the Training.
Client: the person or firm who purchases the Training from Phew
Client Data: the data provided by the Client for the purpose of facilitating the Training.
Data Protection Legislation: means:
(a) The General Data Protection Regulation (GDPR), the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003; and
(b) any other legislation in force from time to time relating to privacy and/or the Processing of Personal Data and applicable to the provision and receipt of Training under these Terms and Conditions; and
any statutory codes of practice issued by the Information Commissioner in relation to such legislation.
Evaluation form
All evaluations are electronic, you will need to complete this in your booking history on the training booking system. These evaluations provide an indication of your knowledge and demonstrate how useful this course has been and how this will impact on your practice as well as an opportunity for you to feedback on the quality of the training.
In-House: Training provided by Phew at the Client’s premises for the Client’s Delegates.
Personal Data: has the meaning given to it in the Data Protection Legislation.
Processing: has the meaning given to it in the Data Protection Legislation.
Training Materials: any materials or documents provided by Phew as part of the Training.
BASIS OF THESE TERMS AND CONDITIONS
These Terms and Conditions shall come into effect when the Client books training services whether at their premises, online or eLearning.
A purchase order shall be deemed incorporated into the Contract for Services.
These Terms and Conditions apply to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Any Contract for Services is only valid for acceptance for a period of 30 calendar days from its date of issue.
Intellectual Property Rights
All Intellectual Property Rights (IPRs) including but not limited to copyrights, patents, trademarks, trade secrets, in or arising out of or in connection with the Training, including any associated Training Materials shall be owned by Phew Design Limited. The Client is granted a non-exclusive, non-transferable license to use these materials for personal and/or internal business purposes only, and only for the duration of the relevant Training. Any other use, including reproduction, redistribution, or modification of the Training Materials, is prohibited without prior written consent from Phew Design Limited.
Limitation of Liability
Except as explicitly stated in these Terms and Conditions, Phew Design Limited shall not be liable for any indirect, incidental, special or consequential damages, including loss of profits, arising out of or related to the provision of the Training or the use of the Training Materials, even if advised of the possibility of such damages. In no event shall the total liability of Phew Design Limited under these Terms and Conditions exceed the total amount paid by the Client to Phew Design Limited for the Training.
SUPPLY OF THE TRAINING
Phew shall use reasonable endeavours to supply the Training to the Client in accordance with these Terms and Conditions in all material respects but reserves the right to change the course content of any Training Course at any time and without notice.
Phew shall use reasonable endeavours to meet any specified training dates, but any such dates shall be anticipated dates only and may be subject to alteration.
Phew reserves the right to amend the Agreement if necessary to comply with any applicable law or regulatory requirement or if the amendment does not materially affect the nature or quality of the Training, and Phew shall notify the Client in any such event.
Notwithstanding the above sub-clauses, Phew reserves the right to cancel Training at any time, without incurring additional liability to the Client or any Delegates. In such circumstances, Phew will offer (at its sole discretion) alternative dates, a full refund, or a credit note.
CLIENT OBLIGATIONS
The Client shall:
Co-operate with Phew in all matters relating to the Training;
Provide Phew, its employees, agents, consultants and subcontractors, with any information which may reasonably be required by Phew in the organisation of the Training, including, but not limited to, details in respect of the Delegate(s) and ensure that such information is complete and accurate in all material respects; and
Where Training is being delivered at its premises, provide Phew with (i) access, training space and any equipment necessary for the delivery of the Training; and (ii) such facilities as are reasonably notified to the Client in advance.
Cancellation Policy
Cancellation of a Training by the Client must be received in writing at least 48 hours prior to the scheduled start time of the Training. If the Client fails to provide the required notice, or cancels after the Training has started, the full cost of the Training will be due. If cancellation is made with at least 48 hours' notice, the Client may reschedule for a later date or receive a full refund. If the Training is cancelled by Phew Design Limited for any reason, we will offer alternative dates, a full refund, or a credit note, at our sole discretion.
CLIENT DATA
Phew retains data in line with our data retention policy, please see our full privacy policy here: https://www.phew.org.uk/privacy-policy/
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including, but not limited to, liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; and
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
CONFIDENTIALITY
Each party may be given access to confidential information from the other party in order to perform its obligations under the Agreement. A party's confidential information shall not be deemed to include information that:
- is or becomes publicly known other than through any act or omission of the receiving party;
- was in the other party's lawful possession before the disclosure;
- is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
- is independently developed by the other party, which independent development can be shown by written evidence.
TERMINATION
Without affecting any other right or remedy available to it, either party to the Agreement may terminate it with immediate effect by giving written notice to the other party if:
- the other party commits a material breach of any term of the Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 calendar days after being notified in writing to do so;
- the other party takes any step or action in connection with its entering administration, provisional liquidation, bankruptcy or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
- the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
- the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Agreement has been placed in jeopardy.
- Without affecting any other right or remedy available to it, Phew may terminate the Agreement with immediate effect by giving written notice to the Client if the Client fails to pay any amount due under the Agreement on the due date for payment
Force Majeure
Phew Design Limited shall not be liable for any delay or failure to perform any of its obligations under these Terms and Conditions if such delay or failure is due to circumstances beyond its reasonable control, including but not limited to acts of God, strikes, lock-outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply. In such circumstances, Phew Design Limited will notify the Client as soon as reasonably possible, and the parties will negotiate in good faith to agree upon an equitable solution.
Trainer led courses
Cancellation within 48 hrs of planned training will require full payment
- If for any reasons you cannot access the system, please email support@phew.org.uk
- It is assumed that delegates are informing their manager of their training booking and have permission to take the course.
- Data security – training on our systems doesn’t include data protection training. Thus any users should consult with the information governance colleagues with any concerns on what can and can’t be published online
- Our LMS has been designed to train on solutions Phew have developed and to support our client understand how to use these systems.
- None of our training related to professional conduct within the sectors we work.