Training General Terms and Conditions
1. Definitions and Interpretation
1.1. In these General Terms and Conditions, the following expressions shall have the meanings attached to them, unless the contrary appears from the context thereof:
"Agreement" means these General Terms and Conditions, any accepted Registration Form and any document which is supplemental hereto or which is collateral herewith or which is entered into pursuant to or in accordance with the terms hereof;
"Course(s)" means such of the Company training courses described in the then current Company Training Schedule as are specified on the current course outline(s) or under course details on the 8th Man Consulting website;
“Course Fee” means the charges set out in the then current Company Training Schedule payable by the Client to the Company for the Course(s);
"Client" means the Client so named in the Registration Form;
“Delegate/s” mean the person/s nominated by the Client as identified in the Registration Form;
"Registration Form" means the Company registration form which is expressed to be subject to these General Terms and Conditions and which relates to participation by the Delegate on the Company’s training Course(s);
"The Company" means 8th Man Consulting (Pty) Ltd.
1.2. The headings are for convenience only and shall not affect the interpretation of this Agreement.
1.3. If a Client comprises of more than one person or entity, all obligations of such Client shall be joint and several as regards such persons and entities.
1.4. Reference to the singular includes the plural and vice versa and reference to a gender includes the other genders unless the context requires otherwise.
2. Registration
2.1. A Registration Form constitutes an offer by the Client to participate on the Course(s) specified in such Registration Form. Such offer shall not be deemed to be accepted by the Company unless and until the Company expressly confirms acceptance in writing.
2.2. These General Terms and Conditions shall apply to the Agreement to the exclusion of any other terms and conditions on which any purchase order is placed or purported to be placed by the Client.
2.3. No variation to the Registration Form or these General Terms and Conditions shall be binding unless agreed in writing between the authorised representatives of the Company and the Client. For the avoidance of doubt, no variation to the Registration Form agreed via telephone shall be binding unless confirmed in writing to the Client by the Company.
3. Price and Payment
3.1. The Course Fee is exclusive of any Value Added Tax, which shall be payable in addition by the Client at the rate then prevailing.
3.2. The Course Fee includes standard documentation appropriate to the relevant Course and unless delivered on the Client’s premises or otherwise specified in the Company Training Schedule also includes light refreshments and buffet-style lunch.
3.3. For Course(s) delivered at the Client’s premises the Company's reasonable expenses shall be chargeable at cost in addition to the specified Course Fee.
3.4. The time period scheduled for each Course allows for meal and refreshment breaks, questions on aspects of the Course content, however should the Course content be completed within the allocated time period resulting in an early finish, no adjustment will be made by The Company to the Course Fee.
3.5. Unless otherwise agreed in writing between the parties, the Client shall pay the Course Fee:
a) fourteen (14) days prior to the relevant Course(s) commencement date or;
b) if the relevant course commencement date is within fourteen (14) days of first Registration, the course fee is due immediately.
3.6. Failure by the Client to pay the Course Fee on due date shall constitute a breach of this Agreement and such Course Fee due shall attract interest at the prime lending rate charged by the Company’s bankers on commercial overdraft facilities.
4. Cancellations and Transfer
4.1. The Company reserves the right to cancel or re-arrange any allocated dates for Course(s) at any time and for any reason. If a Course is not rearranged by The Company in agreement with the Client, the Company shall provide the Client with a full refund of the relevant Course Fee paid by the Client for the cancelled Course.
4.2. The Client may, with the consent of the Company and at no additional charge, substitute an alternative Delegate.
4.3. The Client may transfer a nominated Delegate to another scheduled date for the relevant Course provided that the Company’s written consent is first obtained at least ten (10) business days (or such shorter period as the Company may accept) prior to the scheduled Course commencement date.
4.4. The Client may cancel its registration for any Course by providing the Company with a minimum of fourteen (14) business days’ written notice. If the Client’s notice for such cancellation is less than the minimum of fourteen (14) business days, or in the event that any Delegate/s should fail to attend the Course even though registered, the full Course Fee for such Course shall be payable.
5. Duties of the Client
5.1. The Client is responsible for advance notification to the Company (within the related section of the Registration Form) of any special requirements relating to the Delegate/s. The Company will endeavour to accommodate such notified needs if it is considered both reasonable and practical to do so.
5.2. The Client shall ensure that Delegate/s shall have adequate competence, knowledge and skill to interpret and benefit from the Course(s) provided by the Company.
5.3. The Company reserves the right to exclude Delegate/s from any Course due to Delegate’s disorderly conduct or failure to fulfil the prerequisites as published by the Company or otherwise notified to the Client. The relevant Course Fee shall remain payable by the Client in such circumstances.
5.4. In relation to Course(s) to be delivered by the Company on the Customer’s premises, the Client is responsible for ensuring that all reasonable and necessary facilities (including but not limited to the adequate provision of suitable accommodation, hardware, software and other reasonable requirements pre-notified by the Company) are fulfilled and maintained throughout the duration of each Course.
6. Travel and Accommodation
6.1. The Client is responsible for all travel arrangements, accommodation requirements and other costs incurred by Delegate/s relating to attendance at the Company’s Course(s).
6.2. The Company shall have no responsibility for any non-refundable costs arising under clause 6.1 and resulting from Course(s) scheduling changes or cancellations howsoever arising.
7. Warranties and Liability
7.1. The Company will use reasonable endeavours to ensure that the Course(s) provided are dispensed with reasonable skill and care and will follow practices consistent with the professional standards in the industry.
7.2. The Client shall indemnify and hold harmless the Company, its officers, directors, agents and employees, from and against all claims, actions, demands, losses, costs, expenses (including, without limitation, all legal fees and disbursements), damages, liabilities and lawsuits arising from any breach of the Client’s obligations under this Agreement.
7.3. Notwithstanding any other provision of this Agreement, the Company does not accept liability for any loss of profits, or goodwill or for any special or indirect or consequential damages arising under this Agreement in delivering the Course(s).
7.4. All conditions and warranties not expressly set forth in this Agreement and whether expressed or implied are excluded.
8. Intellectual Property Rights
8.1. The copyright in and all other intellectual property rights relating to the Course(s) software, data and documentation employed by the Company and any related materials (“Course Materials”) provided to the Client hereunder by the Company are owned exclusively by and hereby reserved to the Company and/or its party licensors.
8.2. Under no circumstances may the whole or any part of the Course Materials be produced or copied in any form or by any means or translated into another language by the Client without the prior written consent of the Company.
8.3. The Client shall not delete, amend, alter or deface any confidentiality or proprietary notices on the Course Materials.
8.4. The Client shall, and shall also ensure that Delegate/s keep confidential the Course Materials and comply fully with all user restrictions notified to the Client by the Company in relation to Course Materials.
9. General
9.1. The Company reserves the right to amend the content of any Course(s) without notice to the Client when, in the opinion of the Company, such amendment does not fundamentally change the content of such Course(s).
9.2. The Company shall not be held in breach of its obligations hereunder nor be liable to the Client for any loss or damage which may be suffered due to any cause beyond its reasonable control including, without limitation, any act of God, failure, interruption of power supplies, failure of a network(s), flood, drought, lightning or fire, strike, lockout, or other industrial disputes (whether involving the workforce of the party so prevented or of any other party), environmental hazards, acts of terrorism, acts or omissions of Government, highway authorities or other circumstances beyond the control of the Company.
9.3. Any notice required or permitted to be given by either party to the other under these General Terms and Conditions shall be in writing and sent by facsimile transmission or delivered by hand or sent by registered post and addressed:
9.3.1. if to the Company at the address stated in the Registration Form (to the attention of the Training Department);
9.3.2. if to the Client at the address given in the Registration Form or such other address as may have been notified pursuant to this clause 9.3 to the party giving the notice and shall be deemed received on actual receipt by hand or three (3) business days after posting or next business day after transmission if sent by facsimile.
9.4. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected thereby.
9.5. Neither party has relied on any representation or warranty except as expressly set out in this Agreement and the Company and the Client hereby agree to submit to the exclusive jurisdiction of the Magistrates’ Court in respect of any dispute in relation to this Agreement.
9.6. In the event of the Company initiating legal action against the Client, whether in respect of any breach or failure to make any payment due, the Company shall be entitled to recover the costs of such legal action on a scale as between attorney and client.
