HIRE US / TERMS & CONDITIONS
In these Terms and Conditions the following expressions will have the following meanings:
“Customer” – the person(s), firm or company whose order for the Goods or Services is accepted by NCA Training.
“Contract” – any contract between NCA Training and the Customer for the sale and purchase of the Goods or supply of the Services.
“Good and Services” – any deliverables that NCA Training provides to the Customer under a Contract.
“Terms and Conditions” the standard terms and conditions of sale set out in this document together with any special terms agreed in writing between the Customer and NCA Training and attached to these terms and conditions.
2. CONTRACT FORMATION
2.1 The Contract is based on a project Estimate and these Terms and Conditions. This excludes all other terms and conditions and all previous oral or written representations or any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order or similar document, whether or not such document is referred to in the Contract.
2.2 The Customer may request Goods and Services from NCA Training in person, over the telephone or via email. The Customer will be provided with a written estimate which describes the Goods and Services to be provided and an estimated cost. No Goods or Services will be provided until the Customer indicates to proceed with the work in writing (via email is acceptable). An indication to proceed with the work is an acceptance of the Estimate and the Terms and Conditions.
2.3 Upon receiving written acceptance of the Estimate and the Terms and Conditions NCA Training will accept the Customer’s order. The Contract is formed when the order is accepted by NCA Training.
2.4 Estimates are valid for a period of 30 days only from its date, provided NCA Training has not previously withdrawn it.
2.5 The quantity and description of the Goods and Services will be as set out in the Estimate.
2.6 NCA Training does not do any spec work for a Customer based on his/her project specifics in hopes of being ‘picked’ to actually do the ‘real’ project, all work/ideas created are fully chargeable.
3. PROJECT SCOPE & PAYMENTS
3.1 The price for the Goods and Services will be set out in the Estimate. The Estimate will also cover the scope of the project. This will clearly specify what deliverables are in the scope of a project. Any work requested outside of the project scope will be recorded and quoted in a new estimate.
3.2 The Customer will agree to pay 50% of a project estimate prior to the project starting.
3.3 After the Customer has approved the final project deliverables by letter or email the final 50% payment will be due within 14 days of the date on the invoice. The customer must agree to this regardless of invoice recipient’s payment schedule (unless discussed and agreed prior to the project).
3.4 Any account overdue by more than 7 days after the 14 days stated can incur an interest charge of 8% APR above the Bank of England base rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
3.5 All cheques must be made payable to NCA Training. Cheques made out incorrectly will be counted as overdue. Returned cheques will incur an additional fee of £50 per returned cheque. NCA Training is currently not VAT registered.
3.6 Any commercial image or video content can only be released to the Customer once the full project Estimate has been paid.
3.7 All payments to be made by the Customer under the Contract will be made in full without any restriction or condition and without any deduction for or on account of any counterclaim.
3.8 NCA Training may at any time suspend the provision of the Goods or the Services if the Customer is late in making any payment.
3.9 Any invoice query must be made in writing/email within 5 working days of invoice date.
4. PROJECT SCHEDULING
4.1 Projects are taken on by NCA Training on a first come first served basis. No Customer has priority over any other. If a Customer requires a specific deadline for a project, NCA Training must be made aware of this at the time of briefing. NCA Training will only agree to deliver goods and services within a Customer’s deadline, if feasible.
4.2 Any work requested outside of Monday to Friday hours is done at the discretion of NCA Training and may be charged at double time.
4.3 If a project is suspended at the request of the Customer for a period of 3 months or more NCA Training shall be entitled to payment for work already carried out that is not covered by the 50% upfront project payment. If the project, then commences after 3 months then a new invoice will then be supplied for the completion of the project work.
5. DESIGN CHANGES
Prices supplied on request for projects are Estimates only. Once an Estimate has been accepted this will form the basis of the work to be carried out in a project. If any additional work is requested at a later stage by the Customer, this will be recorded on a change request form. A change request form will then be used to compile all changes into a new Estimate. Once the Customer agrees to the new Estimate, and pays for the work to carried out in advance, NCA Training will then complete the requested design changes.
6. PROJECT SIGN-OFFS
6.1 As a project progresses proofs/drafts will be submitted for the Customer’s approval; NCA Training shall incur no liability for any errors not identified by the Customer.
6.2 For a project to be delivered in the estimated timescale it is critical for the customer to approve proofs/drafts within the timescales outlined in the agreed project plan. If the Customer does not comply with the agreed sign off timescales NCA Training cannot be held responsible for any delay in the project.
6.3 All proofs/drafts must be checked thoroughly by the Customer prior to sign off (including grammar, spelling and technical content). Failure to notify NCA Training of any inaccuracies prior to sign-off will become the Customer’s responsibility.
6.4 Once a project is approved a letter or email must be forwarded to NCA Training clearly stating that the project is approved. This must come from the Project Manager or Project Sponsor.
6.5 Customers are required to inspect the Goods within 7 days of receipt. If the Customer does not notify NCA Training of any required amendments, then NCA Training will assume the Customer accepts the Goods and will invoice the Customer in full.
7. RISK / TITLE
7.1 NCA Training shall not be liable for any loss to the Customer arising from a delay in transit not caused by NCA Training.
7.2 The designs are completed and published at the risk of the Customer and the proprietor cannot be held responsible for third party costs incurred by the content of such designs.
7.3 It is the Customers’ responsibility to ensure the contents is in keeping with English laws including copyright, criminal law, patents, trademarks and any other authority legislation affected by the content of the eLearning. NCA Training reserves the right to terminate at any time a Contract to design, print, publish any material felt to be in contradiction of any of these laws and recover any costs from the Customer relating to such matter.
7.4 All Goods will remain the property of NCA Training until the price of such Goods and Services has been paid in full for a project.
7.5 Risk in the Goods will pass to the Customer from the date of the project completion.
7.6 The Customer’s right to possession will terminate immediately upon the occurrence of an event which would allow NCA Training to terminate the Contract.
7.7 The customer also agrees that NCA Training holds no responsibility for any amendments made by any third party, before or after a design is published.
8. LIABILITY OF NCA TRAINING
8.1 The Customer is responsible for checking the appropriateness and accuracy of the Goods. Reasonable efforts are made by NCA Training to check the Goods and ensure they meet Customer requirements but the Customer is responsible for final checks the decision to use the Goods is wholly theirs.
8.2 NCA Training will, free of charge, rework and replace Goods that are proven to be defective within a period 7 days from the date of delivery of Goods. This obligation will not apply where Terms and Conditions and/or any instructions as to the use of the Goods have not been complied with in all respects.
8.3 NCA Training will be under no liability to the Customer whatsoever (whether in Contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with any Contract including the provision of any Goods or Services.
9. INTELLECTUAL PROPERTY
9.1 All intellectual property rights in the Goods belong to NCA Training until the Customer has paid for the Goods in full. The Customer has no right to use or distribute the Goods supplied by NCA Training until the Goods are paid for in full.
9.2 The Customer shall notify NCA Training immediately if the Customer becomes aware of any claim made against the Customer that normal use or possession of the Goods or Services infringes or is alleged to infringe the intellectual property rights of any third party.
9.3 If at any time in connection with any Contract NCA Training creates any intellectual property related to the subject matter of the Contract, NCA Training shall treat such intellectual property and all information relating to it as confidential to the Customer.
9.4 If any claim or action is brought against NCA Training for breach of copyright or infringes of intellectual property rights or libel, as a result of materials supplied to NCA Training by the Customer, then the Customer agrees to indemnify NCA Training for the full amount and any costs incurred.
9.5 The Customer is responsible for ensuring any and all materials provided to NCA Training to be used and/or incorporated into Goods are the intellectual property of the Customer and free from copyright as defined under the Copyright Designs and Patents Act 1988.
10. FORCE MAJEURE
NCA Training will not be liable to the Customer for any failure or delay or for the consequences of any failure or delay in performance of the Contract, if it is due to any event beyond the reasonable control and contemplation of NCA Training including, without limitation, acts of God, war, industrial disputes, protests, fire, tempest, explosion, an act of terrorism and national emergencies and NCA Training will be entitled to a reasonable extension of time for performing such obligations.
11. CONTRACT TERMINATION
11.1 NCA Training may by written notice terminate the Contract immediately if the Customer is in material breach of the Contract or enters into insolvency, bankruptcy, any arrangement with its creditors or any other arrangement or situation which has a like effect. Failure to pay any sums due is a material breach of the terms of the Contract.
11.2 Once a Contract has come into existence between NCA Training and the Customer, the Customer has the right to cancel the Contract with 7 working days’ notice; however, NCA Training retains the right to charge for Services already started.
12.1 A project Estimate and/or these Terms and Conditions may only be varied or amended in writing by NCA Training.
12.2 The Contract contains all the terms which NCA Training and the Customer have agreed in relation to the Goods and/or Services and supersedes any prior written or oral agreements, representations or understandings between the parties relating to such Goods and/or Services. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of NCA Training which is not set out in the Contract.
12.3 For the avoidance of doubt should there be any conflict between the Terms and Conditions of sale set out in this document and any special terms attached to them then the special terms shall prevail.
12.4 The formation, existence, construction, performance, validity and all aspects whatsoever of the Contract or of any term of the Contract will be governed by English law. The English courts will have exclusive jurisdiction to settle any dispute which may arise out of, or in connection with the Contract. The parties agree to submit to that jurisdiction.