Booking Terms & Conditions
Click here to download a printable work document of the Booking Terms and Conditions
1. DEFINITIONS
1.1 We are Speak Easy Limited (The Company). The Company provides consultancy
and tuition courses and related products and services (the Services").
The Company’s registered office is at
EPD Multimedia / Speak Easy Associates
Innovator House,
Business Innovation Centre,
Wearfield,
Sunderland,
Tyne & Wear,
SR5 2TP
1.2 The (Customer) is the individual person, company, firm, corporation,
who attends or has booked or purchased the Services of the company.
1.3 The "Services" are any course, seminar, training or related
product or services provided by Speak Easy Associates limited.
- 2. GENERAL
2.1 No contract exists between the Customer and The Company for the supply of the Services until Speak Easy Associates have received and accepted the Customer's order and sent out our confirmation in writing to the Customer's address. Once we do so, there is a binding legal contract between The Company and the Customer.
2.2 Where the Customer is a consumer the contract is subject to the Customer's right of cancellation under the Consumer Protection (Distance Selling) Regulations 2000 as follows:
2.2.1 The Customer has the right to cancel the contract at any time up to the end of seven working days after the day upon which this contract is made under clause 2.1. If the Services are to be provided within 7 working days of the contract being made under clause 2.1 the Customer agrees that the Customer's right to cancel ends at the time the performance of the Services starts. A working day is any day other than weekends and bank or other public holidays. To exercise the Customer's right of cancellation, the Customer must give Written Notice to Speak Easy Associates limited.
2.2.2 Once the Customer has notified Speak Easy Associates that the Customer is canceling the contract, We will refund or credit the Customer within 30 days for any sum that has been paid by the Customer or debited from the Customer's credit card for the Services.
2.3 Travel and Accommodation is the responsibility of the Client and is
not included in the price of the Services. If required we may supply information
on local hotels and travel at our discretion and without any responsibility
to the Customer who must make their own decision as to the suitability
of any particular recommendation.
2.4 We may make any changes to the Services which are necessary to comply
with any applicable safety or other statutory requirements, or other changes
in trade or professional practice provided they do not materially affect
the nature or quality of the Services and Speak Easy Associates will advise
the Customer accordingly.
2.5 If the Customer is a consumer their statutory rights are not affected
by these terms and conditions
3. PAYMENT
3.1 Payment of the full fee must be made as stated above.
3.2 The fee stated above covers training, course materials, and any lunch
and refreshments during the day as detailed.
In the event of late payment of any money due to The Company under these
terms (including without limitation any moneys found owing to the Speak
Easy Associates under any other clause of these terms) the Customer shall
pay interest accruing from day to day calculated at the annual rate of
5% above the base rate from time to time of HSBC Bank Plc. on all such
money overdue from the Customer from the due date for payment until the
actual date of payment. In addition the Customer shall pay all costs and
disbursements incurred by the Owner in recovering fees which are paid
late or disputed. Furthermore Speak Easy Associates limited reserve the
right to suspend all or any part of the Services (whether under this or
any other contract between the Company and the Customer until payment
in full of all monies due to Speak Easy Associates limited has been received.
3.3 All charges quoted to the Client for the supply of the Services are
unless specifically stated are exclusive of any Value Added Tax, for which
the Client shall be additionally liable at the applicable rate from time
to time.
4. COPYRIGHT
4.1 The Client acknowledges that all intellectual property rights; including
without limit copyright, in any materials related to or used in the supply
of the Services or any part thereof remains the sole property of Speak
Easy Associates (including but without limitation all tape recordings
transcripts books papers records notes notebooks memoranda journals diaries
outlines drafts letters photographs other digital representations and
illustrations irrespective of the medium in or on which such objects are
held) (and any reconstruction, reproduction, recording or copy there of)
will be an infringement of our rights and the Customer may not authorised
any dissemination, publication disclosure or other use of any such materials
without our written consent. The Customer further acknowledges that due
to the importance of such materials to Our business a claim by us for
damages may not adequately protect Our legitimate interests and the Customer
hereby acknowledges and agrees that We shall be entitled to seek injunctive
relief to prevent infringement of Our rights in appropriate circumstances.
5. DISCLAIMER
5.1 All information provided by Speak Easy Associates
limited is given in best faith and Speak Easy Associates limited will
not be held responsible for actions taken by the Client or any other individual
or organisation as a result of the information provided during or after
provision of the Services by Speak Easy Associates.
5.2 It is our policy to monitor constantly the Services We offer as well
as the performance and content of the Services. Every care has been taken
to ensure the accuracy of, and verify the content of the information given
in providing the Services to the Client. However the Client acknowledges
that changes will occur after the Services have been designed or devised
or after publication of materials used by Speak Easy Associates limited
in the provision of the Services and We make no warranty, express or implied,
as to the suitability of any Services for the Client and the Client agrees
that they book or purchase the Services on this basis.
-
6. EXCLUSION & LIMITATION OF LIABILITY
6.1 Nothing in these terms in any way excludes or restricts our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be restricted. Nor does it affect consumers' statutory rights. This section (and any other terms excluding or limiting our liability) applies to our directors, consultants, officers, employees, subcontractors, agents, parent, subsidiary and affiliated companies as well as to Speak Easy Associates limited.
6.2 The Company warrants to the Client that the Services will be provided using reasonable skill and care. However without prejudice to the other terms of this contract, Speak Easy Associates limited exclude to the extent allowed by law all other liability for any loss or consequential loss including for breach of contract, tort (including negligence) or any other cause of action with respect to any of our Services or occasioned to any person acting, omitting to act or refraining from acting in reliance upon any course material or course presentation or, except to the extent that any such loss does not exceed the fees paid for the course, arising from or connected with any error or omission in the course material or course presentation. Consequential loss shall include: -
a) Economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) Loss of goodwill or reputation;
c) Special, indirect or consequential losses.
6.3 Any claim for damages by either party under this contract shall be
limited to a sum equal to the Fees payable to the Company under this contract.
7. DATA PROTECTION AND YOUR PERSONAL INFORMATION
7.1 For the purposes of the Data Protection Act 1998 the Client acknowledge
that in the course of registering with Speak Easy Associates and using
our Services certain information or data about the Client or company will
be captured electronically or otherwise. The Client agrees that Speak
Easy Associates limited may use, store, process such information or data
for the purposes of providing the Services to the Customer or marketing
any other Services to the Customer. Please note: you information will
not be distributed to any third party in whatsoever form.
7.2 We may use the data you provide for the purposes of financial control
and debt recovery through outside agencies.
8. TERMINATION
8.1 Speak Easy Associates limited has the right to cancel, postpone, any
course without any penalty or liability in whatsoever form under any circumstance
no matter how caused, buy contacting the course participants within 7
days of the commencement of course date buy, phone, e-mail, fax, or letter.
8.2 Either party may (without limiting any other remedy) at any time terminate
the contract by giving written notice to the other if the other commits
any material breach of these Conditions and if capable of remedy) fails
to remedy the breach within 30 days after being required by written notice
to do so.
8.3 Either party may terminate the contract by written notice if the other
goes into liquidation, becomes bankrupt, makes a voluntary arrangement
with its creditors or has a receiver or administrator appointed.
Upon termination by Speak Easy Associates We shall be entitled to be paid
for all Services provided to the date of termination.
9. NON SOLICITATION
The Customer agrees not within 12 months after the last date of the provision
of Services to the Customer by Speak Easy Associates limited whether under
this or any other contract to induce any employee or contractor of Ours
involved in the provision of the Services to the Client to leave his employment,
or terminate or breach his or its contract for services with Speak Easy
Associates limited as the case may be nor to appoint, engage or employ
for the purposes of providing services in competition with Speak Easy
Associates limited. If the Client is in breach of this clause, the Client
shall be liable to pay Speak Easy Associates limited. by way of liquidated
damages and a genuine pre-estimate of Speak Easy Associates limited loss
as a sum representing 40% of the employee's annual salary (excluding benefits)
or the fees paid to the contractor in the previous 12 months (as the case
may be).
10. ENTIRE AGREEMENT
10.1 These conditions constitute the entire agreement between you and
Speak Easy Associates limited in connection with the Client’s booking,
purchase or use of the Services. Any failure by Speak Easy Associates
limited to exercise or enforce any right or provision of these terms and
conditions shall not constitute a waiver of such right or provision. If
any provision of these conditions is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should Endeavour
to give effect to the parties' intentions as reflected in the provision
and that other provisions remain in full force and effect.
11. LAW AND JURISDICTION
11.1 No variation may be made to these terms and conditions without the
specific written request of Speak Easy Associates limited.
11.2 This contract is governed by the law of England and Wales, and is
subject to the exclusive jurisdiction of the courts of England.