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Terms and Conditions

Services Agreement

THIS AGREEMENT IS MADE BETWEEN

  1. [the Buyer] of Services provided
    and
  2. [the Service Provider] [Newcroft Training Limited]

Collectively referred to as the “Parties”.
[The buyer of services provided can also be referred to as customer or client]

The Buyer wishes to be provided with the Services (defined below) by the Service Provider and the Service Provider agrees to provide the Services to the Buyer on the terms and conditions of this Agreement.

1.Key Terms

1.1 Services

The Service Provider shall provide the following services (“Services”) to the Buyer in accordance with the terms and conditions of this Agreement:

  • DRIVER TRAINING (including but not limited to)
    Category: -A, -B, -B+E, -C1, -C, -C+E, -D, D1, -B, -B+E
  • CLASSROOM TRAINING
  • TRAINING FOR CONSTRUCTION VEHICLES (including but not limited to)
    -Forklift –Lorry Mounted Crane – Telehandler – Moffet
  • LORRY LOADER AND SLINGER BANKSMAN

SERVICES MAY BE SUBJECTED TO ACCREDITATIONS.
(Please note training includes but is not limited to external site training at customer/client site)

ANY OTHER BUSINESS SERVICES PROVIDED BY NEWCROFT TRAINING

1.2 Delivery of the Services

  1. Start date: The Service Provider shall provide the buyer of services with dates as to when the training will begin subject to booking availability.

Completion dateCompletion dates will be in its entirety the discretion of the booking department and Training Instructors (only if reasonably necessary). It is recommended to the buyer of services to consult the booking team or training instructors as to what in their belief is the most beneficial completion date for the buyer of services.

1.3 Site

  1. Start date: The Service Provider shall provide the Services at the following site(s):

35 PROGRESS ROAD
LEIGH-ON-SEA
SS9 5PR
CLIENT ADDRESS
FOR EXTERNAL
TRAINING IS INCLUDED

PLEASE NOTE: IF UNCONTROLLED CIRCUMSTANCES ARISE IN RELATION TO 35 PROGRESS ROAD LEIGH-ON-SEA SS9 5PR THE CONTRACT WILL NOT BE FRUSTRATED IF NEWCROFT TRAINING ARE ABLE TO PROVIDE AN ALTERNATIVE SITE. IF SUCH CIRCUMSTANCE ARISES NEWCROFT TRAINING WILL PROVIDE NOTICE TO BUYER OF SERVICES AT THE EARLIEST OPPURTUNITY POSSIBLE TO THEM OF THIS CIRCUMSTANCE. IF BUYER FORFEITS TRAINING DUE TO CHANGE OF TRAINING SITE IT WILL BE OF NO COST TO NEWCROFT TRAINING FOR THIS FORFEIT.

IF UNCONTROLLED CIRCUMSTANCES ARISE IN RELATION TO EXTERNAL CUSTOMER SITE AND TRAINING CANNOT TAKE PLACE AT THAT SITE, THE BUYER OF SERVICES MUST EITHER FIND A SUFFICIENT ALTERNATIVE SITE (AGREED BY NEWCROFT TO BE SUFFICIENT) OR THE COURSE MUST TAKE PLACE AT 35 PROGRESS ROAD, LEIGH ON SEA SS9 5PR SUBJECT TO SITE AVAILABILITY. ANY COSTS SUFFERED BY NEWCROFT TRAINING DUE TO CUSTOMER SITE UNAVAILABILITY WILL BE OWED TO NEWCROFT (including but not limited to Trainers’ inconvenience regarding travel and day rates).

1.4 Price and course forfeiting

Prices will be set at the current retail prices of Newcroft Training.
Prices will be given at the time of booking.

If the buyer needs to forfeit the training course due to mild illness or other reasonable circumstances any time within 14 working days of course commencement, the buyer must rearrange course dates with the booking In the events of complete cancellation the buyer will be subjected to pay for any expenses suffered by Newcroft Training for this cancellation if applicable.

1.4 (a)

This includes but is not limited to:

  • All test fees paid for by Newcroft Training
  • Trainer day rate inconvenience
  • Non-refundable deposit fee’s

The buyer will completely forfeit all potential refunds if cancellation is made within 10 working days of
course commencement, unless subjected to the booking team’s discretion Newcroft Training can find an alternative course date. The buyer may still be subjected to ‘out of pocket’ expenses found in 1.4(a) above.

1.5 Payment

The Buyer agrees to pay the Price to the Service Provider discussed at booking stage.

The Buyer must pay Newcroft Training the required minimum deposit in order to secure placement on required course.

If Newcroft Training have not received any deposit payments for the course required Newcroft Training cannot guarantee or hold the booking space.

Newcroft Training have discretionary powers to allow The Buyer to make part-payments towards their course if they so wish. The final payment must be completed on or before the day of course commencement.

1.5(a) Third Parties and Payments

If the Buyer independently choses to make payment plans through the use of a third party (i.e credit agreements or loans) as long as full payment has been received for the course, Newcroft Training will no longer be responsible for separate agreements made for payment of courses. Payment from this point on will be the Buyers sole responsibility between the Buyer and the third party.

1.5(b) The Buyer as Trade Customer and Payments

Subject to manager’s discretion; the Buyer (as Trade Customer) can make an application to Newcroft Training for a Trade Account allowing temporary credit for course bookings.

The basic terms of a Trade Account suffice in the following:

Bookings will be made by Newcroft Training on behalf of the Trade Buyer

Full payment of course must be paid within 21 days of invoice receipt or 7 days after course has commenced (whichever comes first). We welcome negotiable payment terms on behalf of the Trade Account holder, but we do remind the Trade Account holder all negotiations are subject to Managements discretion.

 

  1. Newcroft Training shall provide the Trade Customer with a sufficient invoice for services required of Newcroft Training. Method of payments required from Trade Customers include bank transfer, over the phone card payments and cheques. Details for payment will be clearly shown on Trade Customers Invoice.
  2. Any forfeits of courses due to customer on behalf of Trade will still be subjected to4 ‘Price and course forfeiting’ (including test fee forfeits).
  3. The Trade Customer will also be fully liable for any negligence caused as a result of their trainee’s actions when courses have commenced with Newcroft Training.
  4. Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity  arising as a result of the provision of the Services by the Service Provider to the Buyer under this Agreement and such shall be payable by the Buyer to the Service Provider in addition to all other charges payable hereunder.

2 General terms

2.1 Intellectual Property Rights

The Service Provider agrees to grant to the Buyer a non-exclusive, irrevocable, royalty free Licence to use, copy and modify any elements of the Material not specifically created for the Buyer as part of the Services. In respect of the Material specifically created for the Buyer as part of the Services, the Service Provider assigns the full title guarantee to the Buyer and any all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. If any third party intellectual property rights are used in the Material the Service Provider shall ensure that it has secured all necessary consents and approvals to use such third party intellectual property rights for the Service Provider and the Buyer. For the purposes of this Clause 2.1, “Material” shall mean the materials, in whatever form, used by the Service Provider to provide the Services and the products, systems, programs or processes, in whatever form, produced by the Service Provider pursuant to this Agreement.

2.2 Warranty

 

  • The Service Provider represents and warrants that:
    • it will perform the Services with reasonable care and skill; and
    • the Services and the Materials provided by the Service Provider to the Buyer under this Agreement will not infringe or violate any intellectual property rights or other right of any third party.

2.3 Limitation of liability

  1. Subject to the Buyer’s obligation to pay the Price to the Service Provider, either party’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the Price.
  2. To the extent, it is lawful to exclude the following heads of loss and subject to the Buyer’s obligation to pay the Price, in no event shall either party be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.
  3. Nothing in this Clause 2.3 will serve to limit or exclude either Party’s liability for death or personal injury arising from its own negligence.

2.4 Terms and Termination

This Agreement shall be effective on the date hereof and shall continue, unless terminated sooner in accordance with Clause 2.4(ii), until the Completion Date.

Either Party may terminate this Agreement upon notice in writing if:

  • The other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other Party so to do; or
  • A voluntary arrangement is approved, a bankruptcy or an administration order is made or a receiver or administrative receiver is appointed over any of the other Party’s assets or an undertaking or a resolution or petition to wind up the other Party is passed or presented (other than for the purposes of amalgamation or reconstruction) or any analogous procedure in the country of incorporation of either party or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in respect of the other Party.
  • Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

2.5 Relationship of the Parties

The Parties acknowledge and agree that the Services performed by the Service Provider, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.

2.6 Confidentiality

Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.

2.7 Notices

Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by:

  1. first class post, 2 days from the date of posting;
  2. hand or by facsimile transmission, on the date of such delivery or transmission; and
  3. Electronic mail, when the Party sending such communication receives confirmation of such delivery by electronic mail.

2.8 Miscellaneous

  • The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
  • If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of this Agreement shall be affected.
  • Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
  • This Agreement may not be amended for any other reason without the prior written agreement of both Parties.
  • This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
  • Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute.
  • This Agreement shall be governed by the laws of the jurisdiction in which the Buyer is located (or if the Buyer is based in more than one country, the country in which its headquarters are located) (the “Territory”) and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory.

2.9 Obligations of Trainee (classed as anyone who has paid, left a deposit or paid registration fees for any course offered by Newcroft Training):

  • The Trainee will provide accurate and full information to Newcroft at all times.
  • The Trainee will be in possession of all necessary driving documents at all times while undertaking course.
  • The Trainee will show to the Theory Test center and the DSA examiner a form of photographic I.D, their current driving license, the correct entitlement, and where appropriate, a valid theory test pass certificate, on the day of their theory or practical driving test. If these criteria are not met the Trainee will fail the relevant test and will forfeit all fees paid to Newcroft in relation to that test.
  • If the Trainee is considered by Newcroft or its accredited Training Partners to be under the influence of Alcohol of illegal drugs at any time, the course will be terminated and all relevant fee’s will be fortified.
  • It is the responsibility of the Trainee to ensure the correct Provisional Entitlement has been added to his/her driving license by the DVLA. Any trainee without the correct entitlement will not legally be allowed to train and all monies paid towards the course fees will be fortified.
  • It is the responsibility of the Trainee Driver to attend his/her training course on the dates provided.
  • If the Trainee wishes to change the dates provided, they will be subjected to terms 1.4 above. If date change is required within 10 working days of course commencement the buyer must rearrange course dates with the booking team. If the Trainee wishes to change the dates provided within 5 working days of course commencement they will be subjected to terms 1.4(a) above (Newcroft Inconveniences).
  • If test fees apply which are non-refundable and the Trainee forfeits the course, the Trainee will be responsible for all costings suffered by Newcroft Training.
  • Whilst attending any course with Newcroft Training or their Training Partners the Trainee must conduct themselves in an appropriate manner. Newcroft reserve the right to terminate a course without notice, should they, in their reasonable direction, decide that a Trainee has acted or behaved inappropriately, including but not limited to, verbal and physical abuse towards Newcroft staff, Training Provider or SDA staff.

3.0 Training with Newcroft:

  • The Trainee will provide accurate and full information to Newcroft at all times.
  • In the event of the Training Vehicle breaking down, Newcroft will arrange for the Trainee to have a replacement vehicle of similar standard and specification, if this is not possible further training to make up for the lost time at a convenient time for the Trainee will be awarded and at no extra cost to them.
  • In the event that a course is cancelled due to instructor illness, Newcroft will rebook the course for an alternative date convenient for the Trainee and at no extra cost to them.
  • If the Trainee fails to attend any course without notice or within 10 working days of course commencement (find 4 above) the Trainee will forfeit all cost fees.
  • The Trainee will accept that if an instructor believes that a Trainee is not fit to take his or her practical tests for reasons of safety, the Trainee will be informed and the test re-scheduled at the Trainee’s expense.
  • Any complaints must be forwarded to Management via email or post
    (charlie@newcrofttraining.com/ Newcroft Training Limited, for the Attention of Charles Norton, 35 Progress Road, Offices 17-19, Leigh-on-Sea, SS9 5PR)
  • Deposits will be non-fundable if no alternative can be found by Newcroft Training.
  • Any payments made on credit card will be subject to a non-refundable 3% handling fee.
  • Course fees must be paid in full before course commencement, if not course may be refused

3.1 Cancellations and refunds:

  • All requests for cancellations must be notified to the booking team at the earliest opportunity via phone call within working hours of Newcroft Training. We will accept cancellations over the phone, but the Trainee must also confirm the cancellation via email or by post within 2 working days of notification. The Trainee must provide proof of date when sending any cancellations via post by post receipt (recorded delivery). If Trainee cannot provide this proof and Newcroft haven’t received notification of cancellation within 10 working days of course commencement the Trainee will forfeit all costs paid to Newcroft Training.

3.2 Confidentiality Data Protection:

  • Newcroft will keep confidential information which the Trainee supplies to Newcroft in connection with this agreement, with the exception of basic personal details which may be shared with partner schools.
  • Newcroft will be responsible for ensuring that the processing of personal data complies with the Data Protection Act 1998.

This agreement is governed by English Law. Both Newcroft and the Trainee submit exclusive jurisdiction of the English and Welsh courses in relation to any dispute concerning this agreement. By paying the registration fee the Trainer agrees to be bound by the above terms.

All correspondence and queries’ in relation to the above Terms and Conditions are to be sent in writing to:

 

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