Terms and Conditions for Private Training Courses
The following sets out the Terms and Conditions for products & services provided by Agility International Limited, trading as Agile Skills, with the intention of managing expectations and clarifying rights and obligations so that all parties involved know exactly what to expect from one another.
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Definitions
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“We” or “us” or “our” or “Agile Skills” means Agility International Ltd trading as Agile Skills.
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“You” or “your” or “the client” means any (legal) entity or person that has reached an agreement with us.
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“Agreement” or “participation” means the arrangement in written or digital recording, based on which you can participate in a selected course.
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“Course” or “engagement” means any training course, workshop or event offered by us, or parties acting on our behalf
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“Trainer” means any person representing or acting on behalf of us who is responsible for facilitating, teaching or offering a course or any engagement.
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“Force majeure” means any external cause, expected or unexpected, including those specified in English Law and jurisprudence, over which we have no control and that hinder us from facilitating, teaching or providing a course or honour commitments we made to you.
Agreement
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The agreement between you and us starts after you receive our written confirmation of your booking a course or engagement.
Invoicing
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Agile Skills will submit a VAT invoice electronically (via email) upon completion of an engagement or monthly, whichever comes first. Unless otherwise agreed, all invoices are payable under UK statutory payment terms, i.e. payment is due 30 days after the client receives the invoice or after the goods or service are delivered.
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Agile Skills reserves the right to charge interest at 8% above bank base rate on overdue accounts. For further information please see the UK Government guidelines for Late commercial payments: charging interest and debt recovery.
Travel & Expenses (T&E)
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If travel is required, Agile Skills will invoice the amount previously agreed with the client for travel & expenses upon completion of the engagement or monthly, whichever comes first.
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Agile Skills will endeavour to minimise the cost of travel and expenses where possible with the understanding that
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It is reasonable to stay overnight in a city or location the night prior to delivering a training course
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Once an engagement is complete or a course has been delivered it is reasonable to want to return home that same day unless the cost is prohibitive.
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If the client believes it would be more cost-effective to book the travel and accommodation on our behalf, we are happy to compare quotes.
Cancellation Policy
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If written notice to cancel or reschedule an engagement is provided at ten (10) or more business days prior to the engagement, the client may do so at no charge.
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If written notice to cancel an engagement is provided less than ten (10) business days prior to the engagement, the client may incur a cancellation fee equal to 25% of the engagement price.
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In the case of training or workshops the client has the additional option to reschedule one engagement once every three (3) calendar months (i.e. the client has the right to reschedule a maximum of four (4) engagements every calendar year) at short notice (i.e. less than ten (10) business days) without incurring any cancellation fee although they will be liable for the agreed upon travel costs & expenses in full.
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Engagement “no shows” will be considered the same as a cancellation, as outlined above. In the case of training and workshops, no materials are provided in the event of a cancellation.
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Agile Skills will endeavour to deliver training and workshops as agreed however we reserve the right to reschedule or cancel an engagement at any time, including replacing personnel who may be scheduled to deliver the engagement. In the event an engagement is cancelled, the client is entitled to either a full refund or, in the case of a cancelled training or workshop, a credit to use for another training or workshop. Agile Skills shall not be responsible for any other loss incurred by the client as a result of a cancellation or reschedule.
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We will always endeavour to accommodate any movement of engagement dates whenever possible.
Force Majeure
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Agile Skills shall not be liable to the client as a result of any delay or failure to provide the course as a result of a Force Majeure Event.
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Where a course is cancelled by us due to a Force Majeure Event then the parties shall, acting in good faith, agree a new date for the provision of the course.
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Should the parties be unable to agree a new date for the course then we shall refund the course fee but deducting any travel & expense costs incurred specifically in relation to delivering the course.
Intellectual Property Rights and Ownership
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Ownership – All intellectual property rights in the work products and deliverables created during the course of the engagement, whether onsite or remotely, shall remain the exclusive property of Agile Skills. This includes, but is not limited to, any software, methodologies, tools, reports, documents, and other materials.
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Agile Skills grants to the client a perpetual, non-exclusive, non-transferable licence to use and modify the work products and deliverables for the client’s own business purposes. This licence does not include the right to sublicense, sell, distribute, or otherwise commercially exploit our work products and deliverables without the express written consent of Agile Skills.
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The trainers engaged in the provision of services are employees or contractors of Agile Skills and not of the client. The client acknowledges and agrees that the trainers owe their duties to Agile Skills and not to the client.
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Transfer – Nothing in this agreement shall be construed as a transfer of ownership of any intellectual property rights from Agile Skills to the client.
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The client shall notify us promptly if it becomes aware of any infringement or suspected infringement of the intellectual property rights in the work products and deliverables.
Data Protection
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Both parties may receive personal data (as defined in the Data Protection Act 1998) from the other party. Each party receiving such personal data agrees to process such information only in accordance with the lawful instructions of the other party and as necessary to fulfil its obligations and to take appropriate technical and organisational measures against unauthorised or unlawful processing of such information and against accidental loss or destruction of or damage to such personal data.
IR35
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Agile Skills does not operate under IR35.
Carbon Footprint
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Agile Skills endeavours to limit its negative impact on Climate Change. We try to avoid flights whenever possible, but where it is unavoidable to reasonably deliver on our engagements we will use GoClimate to offset our carbon footprint.
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If you have any advice for how to limit and/or offset our environmental impact, we are always interested in learning more.
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