These are the Booking Terms and Conditions for open training registrations only.
"Contract" means the provision of Training to the Client as set out herein when accepted by ModuSpec.
"Conditions" means these Contract terms and conditions.
"Fees" means the fees and expenses for the Training as stated overleaf.
"ModuSpec" means whichever of ModuSpec Engineering (Int) B.V., ModuSpec Engineering (UK) Ltd, ModuSpec USA Inc., ModuSpec Risk Management Services Canada Ltd., ModuSpec Consultores de Risco Ltda., ModuSpec Australia Pty. Ltd., ModuSpec Malaysia Sdn. Bhd., ModuSpec Engineering Asia Pacific Pte. Ltd. and ModuSpec International (L) Ltd. that is contracted by the Client to provide their services.
"Notice" means any notice given in writing to ModuSpec by the Client during ModuSpec normal office hours in the location where the notice is received.
"Training" means the training services (detailed overleaf) which ModuSpec is prepared to provide to the Client.
After this booking is confirmed and accepted by or on behalf of ModuSpec a legally binding Contract is formed and these conditions apply.
ModuSpec reserves the right to turn down an application of refuse admission at the company's discretion.
3.1 Course Fees
All Fees become payable upon confirmation and acceptance of this booking and an invoice may be sent to you requiring immediate payment. Attendance on the course is only permitted following receipt of full payment of the Fees.
VAT is chargeable at the standard rate.
3.2 Transportation and accommodation are not included in the course fee
3.3 ModuSpec reserves the right to remove any student from the course if endangering the health and safety of other students or employees by any act of misconduct. In such circumstances no refund will be offered.
Neither ModuSpec nor the Client shall divulge or allow to be divulged to any person any confidential information disclosed by the other party in connection with the Training. This obligation will survive termination of the Contract. This obligation will not apply to confidential information which is in the receiving party's possession before its disclosure, that is or becomes part of the public domain through no fault of the receiving party, or that otherwise becomes available to the receiving party from an independent source not under a confidentiality obligation.
5.1 The course material for the Training has been designed as an integral part of the Training solely for the benefit of delegates attending the Training. The material is not intended to be relied upon by the Client or delegates for the giving of specific advice to third parties.
5.2 ModuSpec will not be liable to the Client by reason of breach of Contract, negligence or otherwise for any loss suffered by the Client. Nevertheless, if the Client suffers loss, damage, or expense that is proved to have been caused by any negligent act of ModuSpec then ModuSpec will pay compensation to the Client for its proved loss up to but not exceeding the amount of the fee (if any) charged by ModuSpec for that particular service, information, or advice.
5.3 Notwithstanding anything in this Contract to the contrary, Client agrees to look only to the specific ModuSpec entity which has undertaken to perform the services for the due performance of the services, and nothing contained in the Contract will impose any liability upon or entitle the Client to commence proceedings against any other Moduspec entity where such entity is not specifically identified as a party to the services.
Any intellectual property rights arising from or relating to the Training, including copyright in the course material shall belong to ModuSpec. No part of the course material may be reproduced in any form without the prior permission of ModuSpec.
In the event ModuSpec receives Notice of cancellation of any delegate's attendance by the Client:
In the event ModuSpec is required to cancel any part of the Training of any delegate ModuSpec will refund the Fees paid in respect of that delegate's Training in full and will not require any further payment from the Client in respect of that delegate. ModuSpec will not be responsible for the cancellation costs associated with cancellation of travel, hotels or subsistence booked by or on behalf of the Client or any delegate. Clients are advised to ensure that any such cancellation costs are adequately covered by insurance.
8.1 Delegate Substitution; It is possible to substitute an alternative delegate on any place booked at no additional cost.
8.2 Notwithstanding any termination of this Contract the provisions of clauses 3, 4, 5, 6, 7 and 9 shall continue to apply.
Any dispute about the Training or the Contract is subject to the exclusive jurisdiction of the English courts and will be governed by English law.
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