Terms and conditions of trade

  1. DEFINITION
    1. 'DEVELOP' means Develop Training Ltd trading as Develop whose registered office is at Develop Training Ltd, Derby Training Centre, Ascot Drive, Derby DE24 8GW.
    2. 'Contract' means the contract for the provision of Services by DEVELOP to the customer.
    3. 'Customer' means the person, firm or company ordering or buying Services from DEVELOP.
    4. 'Services' means the subject matter of the relevant Order or Contract.
    5. 'Intellectual Property Rights' means any patent, copyright, design, trademark, servicemark or other industrial or intellectual property right.
    6. 'Order' means the written order sent by the Customer for the supply of Services by DEVELOP and includes purchase orders and faxes, e-mails and letters whether sent by post or electronically.
    7. 'Terms' means the terms and conditions set out on this page.
  2. ORDER ACCEPTANCE
    1. No contract between DEVELOP and Customer shall exist until an order has been accepted in writing by DEVELOP.
    2. An acceptance by DEVELOP incorporates the Terms and the Customer shall be deemed to have accepted the Terms unless the Customer notifies DEVELOP in writing of any objections thereto within seven days of the date of the acceptance.
    3. No conditions or terms stipulated in any other communication or document shall amend or exclude any of the Terms except insofar as the same is expressly consented in writing by DEVELOP.
  3. PRICES
    1. Prices are based on DEVELOP'S current pricing policy, but DEVELOP reserves the right to amend its quoted prices at any time prior to the commencement of any Contract.
    2. Quoted prices are exclusive of VAT.
  4. PAYMENT
    1. Payment will be due in full upon receipt of invoice which will be issued prior to the commencement date of the Services.
    2. Where the Customer fails to pay prior to the commencement of the Services, the Services will be forfeited by the Customer and cancelled. In these circumstances, unless agreed otherwise, the charges detailed in 5.2 will apply.
    3. Where credit has been agreed* by DEVELOP, payment is due 30 days after the date of invoice unless otherwise agreed with the Customer. (* A Credit Application form must have been completed, checked and verified).
    4. Punctual payment of the invoices and other amounts payable under the contract is of the essence to the contract.
    5. The Customer will be treated as having repudiated the agreement if the Customer fails to pay on time.
    6. Where applicable DEVELOP reserves the right to claim interest and compensation for debt recovery costs under late payment legislation.
    7. Failure to pay any invoice on the due date shall entitle DEVELOP to suspend further work on any other order from the Customer without prejudice to any other right DEVELOP may have. DEVELOP reserves the right to suspend work on any order with liability until payments or satisfactory security for payment has been made where the Customer fails to adhere strictly to the agreed terms or where genuine doubts arise as to the Customer's financial position.
  5. CUSTOMER CANCELLATION OR RE-SCHEDULE
    1. DEVELOP will provide the Customer with a refund if written notice of cancellation for the Services is received at least 28 days before the commencement date of the Services and this is in accordance of our cancellation policy. DEVELOP reserves the right to deduct a reasonable administration charge from any refund.
    2. DEVELOP'S current cancellation policy is as follows:

      More than 28 days prior to course commencement
      0% of fee payable on cancellation AND 100% of fee refunded if pre-payment received.

      14-28 days prior to course commencement
      50% of fee payable on cancellation AND 50% of fee refunded if pre-payment received.

      Less than 14 days prior to course commencement
      100% of fee payable on cancellation AND 0% of fee refunded if pre-payment received.


    3. In the event that named individuals on a client's booking form cannot attend a course, DEVELOP will accept a named substitute providing written notice has been given to DEVELOP along with any further documentation requirements as deemed necessary by DEVELOP.
    4. No charge will normally be made for substitute delegates. DEVELOP does reserve the right to charge any reasonable administration charge for substitute delegates where deemed appropriate.
    5. DEVELOP will endeavour to assist any Customer requesting the due date for Services to be re-scheduled but DEVELOP shall be entitled to charge a cancellation charge as given in 5.2 or a reasonable administration charge. Any request must be confirmed to DEVELOP in writing. If Services are rescheduled the Customer agrees to forfeit any rights to any refund on their subsequent cancellation of the re-scheduled Services.
  6. DEVELOP CANCELLATION OR RE-SCHEDULE
    1. DEVELOP reserves the right to change the dates, times and venues of Services or cancel Services at its absolute discretion and without further liability. In the case of such cancellations all monies will be refunded.
    2. Availability for some Services may be limited and payment by the Customer to DEVELOP does not ensure that a place has been reserved. Places for some Services may also be subject to a minimum number of delegates attending. Reservation will be confirmed in writing by DEVELOP or a full refund will be made in instances when alternative Services cannot be offered.
  7. ONSITE REQUIREMENTS
    1. Where the Customer requests Services to be provided on the Customer's premises, the Customer will provide all necessary resources and equipment unless agreed otherwise in writing with DEVELOP at the time of order acceptance.
  8. ADDITIONAL SERVICES
    1. Where the Customer requests additional Services, then such Services shall be subject to a separate Order Acceptance before DEVELOP can commence work.
  9. INTELLECTUAL PROPERTY
    1. All Intellectual Property Rights in the Services or arising from the Contract shall remain with DEVELOP, unless expressly otherwise agreed in writing by DEVELOP.
    2. The reproduction by any means of DEVELOP's publications or any publications used by DEVELOP in performance of the Contract is expressly forbidden and DEVELOP will seek legal remedies in such circumstances.
    3. If the Services are to be provided by DEVELOP in accordance with a specification submitted by the Customer, the Customer shall indemnify DEVELOP against all liability, loss, damage, costs and expenses suffered or incurred by DEVELOP in respect of any claim for infringement of any Intellectual Property Rights of any other person which results from or arises out of the use of the Customer's specification.
  10. WARRANT AND LIABILITY (where applicable)
    1. Any equipment supplied by DEVELOP as part of the Service is guaranteed to be fit for its intended purpose.
    2. Save as expressly stated in the Terms, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law in respect of the provision of such Service.
    3. Except in the case of death or personal injury caused by DEVELOP's negligence, DEVELOP's liability in respect of a Contract shall be limited to the invoiced value of the Services provided under the contract and in no event shall DEVELOP be liable for any consequential loss or damage (whether for loss of profit or otherwise) which arise out of the sale or supply of the said Services.
  11. FORCE MAJEURE
    1. DEVELOP shall not be liable to the Customer or be deemed to be in breach of Contract by means of any delay in performing or failure to perform any of DEVELOP's obligations in respect of the Services if the delay or failure was due to any cause beyond DEVELOP's reasonable control.
  12. INSOLVENCY OF THE CUSTOMER
    1. In the event that the Customer makes any voluntary arrangement with its creditors; or becomes subject to an administration order becomes bankrupt; or enters liquidation; or an encumbrancer takes possession of, or a receiver is appointed over, any of the property or assets of the Customer; or the Customer ceases or threatens to cease to carry on business, DEVELOP shall be entitled without prejudice to any other rights or remedies available:
      1. to cancel the Contract and suspend any further performance under the Contract without any liability to the Customer; and
      2. be entitled to the immediate settlement of any outstanding amounts owed to DEVELOP by the Customer for any Services already provided.
  13. LAW
    1. These Terms and any Contracts shall be subject to English law only.