TALKING LIFE LIMITED
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF TRAINING SERVICES
By confirming a booking with Talking Life Limited (Registered Company no. 02472954) whose registered office is at 361 Pensby Road, Pensby, Wirral CH61 9NF and whose trading address is at 36 Birkenhead Road, Hoylake, Wirral CH47 3BW (‘Talking Life’) you (‘the Client’) accept and agree to these terms and conditions of service (‘the Agreement’) which will, except where specifically varied, apply to all services supplied to you by Talking Life until this agreement is varied or terminated.
In this Agreement, the following words shall have the following meanings:
1.1 ‘Commissioning Letter’ means a letter supplied by Talking Life confirming the details of a booking for the provision of Training Services and any additional terms on which a booking is made.
1.2 ‘Fee(s)’ means the amount(s) as agreed by the Client and Talking Life for the Training Services as set out in the Commissioning Letter;
1.3 ‘Parties’ means Talking Life and the Client, and ‘Party’ shall mean either one of them;
1.4 ‘Receiving Party’ has the meaning given in clause 8;
1.5 ‘Specification’ means the specific Training Services to be provided by Talking Life under this Agreement and set out in the Commissioning Letter; and
1.6 ‘Supplying Party’ has the meaning given in clause 8.
1.7 ‘’Training Course’ means a course or workshop provided in performance of the Training Services.
1.8 ‘Training Services’ means on-site workshops and training courses provided by Talking Life;
2 Training Services
2.1 Talking Life shall provide the Training Services as the Parties may agree from time to time to the Client in consideration for the Client paying the Fee to Talking Life, subject to the provisions of this Agreement.
2.2 Talking Life and the Client shall agree the time and place for the performance of the Training Services subject to the availability of Talking Life’s staff and agents.
2.3 Talking Life shall use reasonable endeavours to complete the Training Services on the dates agreed by the Parties.
2.4 The Training Services shall be performed by such employees or agents that Talking Life may choose as most appropriate to carry out the Training Services as agreed from time to time by the Parties.
2.5 From the date of this Agreement the Parties shall discuss and agree the particular Training Services to be carried out by Talking Life. The Training Services to be performed as agreed by the Parties, the time estimates for the provision of the particular Training Services, and the Fee(s) to be paid shall be set out in the Specification.
2.6 Talking Life may where it thinks it necessary in the interests of safety and/or quality of provision impose a limit on the number of delegates permitted to attend a seminar.
Talking Life shall provide the Training Services in such places and locations as agreed by the Parties from time to time.
4 Fees and payment of Fees
4.1 Unless otherwise agreed Talking Life shall be entitled to send an invoice in respect of the Training Services to the Client prior to completion of the Training Services.
4.2 Except where otherwise agreed the payment of the Fees shall be made by the Client to Talking Life as follows:
4.2.1 Where the date on which a Training Course is to commence is more than three months from the date on which the invoice is sent, one-third of the Fees shall be payable within 30 days of receipt of the invoice and the remaining balance shall be payable no later than 30 days after the commencement of the Training Course.
4.2.2 Where the date on which a Training Course is to commence is less than three months from the date on which the invoice is sent, one-half of the Fees shall be payable within 30 days of receipt of the invoice and the remaining balance shall be payable no later than 30 days after the commencement of the Training Course.
4.2.3 Except where specifically agreed with Talking Life, all payments made in respect of the Fees will be payable by BACS to RBS Invoice Financing using the payment details printed on the invoice. Where required, Talking Life will provide a signed letter of authority on request.
4.3 Where the Training Services or any part of them are rescheduled at the Client’s request the Fees shall remain payable within the originally agreed timescale unless the date of the rescheduled course is earlier than that originally agreed in which case the timescales set out in clause 4.2 shall be amended accordingly.
4.4 Talking Life may at its absolute discretion charge to the Client an additional fee in respect of the preparation of any alterations to Talking Life’s standard training programmes and/or materials specifically requested by the Client and such charges shall be calculated in accordance with clause 4.7 below.
4.5 All amounts stated are exclusive of VAT, which will be charged in addition at the rate in force at the time the Client is required to make payment.
4.6 If the Client does not make a payment by the date stated in an invoice or as otherwise provided for in the Agreement, Talking Life shall be entitled to:
4.6.1 charge interest on the outstanding amount at the rate of 8% per year above the Bank of England base rate, accruing daily;
4.6.2 require the Client to pay, in advance, for any Training Services (or any part of the Training Services) which have not yet been performed;
4.6.3 not perform any further Training Services (or any part of the Training Services).
4.6.4 charge a fee for any recovery action pursuant to the Late Payment of Commercial Debts Regulations in force at the relevant time.
5 Cancellation and postponement of Training Services
5.1 A Client wishing to cancel or postpone a Training Course must do so in writing or else by telephone and confirmed in writing as soon as possible and certainly no later than the end of the next working day.
5.2 Except where expressly agreed in writing where a Training Course is cancelled or postponed at the Client’s request a fee will apply.
Except where otherwise agreed this fee will be calculated as follows: –