These terms and conditions set out the obligations between you and ParentAssess when you book any of our training courses.
They are governed by the law of England and Wales, or Scotland, as appropriate.
1 These terms and conditions
1.1 Why you should read them
Please read these terms and conditions carefully and make sure you understand them. They set out the obligations (the ‘terms’) between you (‘organisation’) and ParentAssess (‘ParentAssess’, ‘we’, ‘us’, or ‘our’). The terms explain what happens once you have made a booking, how to make payment, how you and we may change or end the contract, what to do if there is a problem and other important information. The terms are only available in English.
You should retain a copy of these terms for future reference.
1.2 What these terms cover
These terms cover the provision of the training that we organise with you (the ‘course’ or ‘workshop’).
1.3 Who we are
We are a private organisation providing training to those working in the Social Care sector. Our main office is at ParentAssess LTD, Unit 26 Interchange Business Centre, Howard Way, Newport Pagnell, MK16 9PY.
1.4 How to contact us
You may contact us by telephoning our office on 01908 892715, by writing to us at ParentAssess LTD, Unit 26 Interchange Business Centre, Howard Way, Newport Pagnell, MK16 9PY, or by emailing us at admin@parentassess.com. The team are available between 9am and 3pm, Monday to Friday (excluding public holidays in England).
1.5 How we may contact you
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us at the time you made your booking.
‘Writing’ includes emails. When we use the words ‘writing’ or ‘written’ in these terms, this includes emails.
2. Our contract with you
2.1 How we will accept your booking
Any description, advertisement, documentation issued by us and any description contained on the ParentAssess website or any brochures relating to the training are issued and published for the sole purpose of giving you a general idea of the event, its content and objectives. Subject to any obvious error, the description and price of the training will be as quoted via email when your booking is made. All payments under these terms shall be in UK pounds sterling.
2.1.1 Upon submitting a booking for a place or places on our training, whether online, in writing or by telephone, you will be given confirmation of our acceptance of your order (a ‘booking confirmation’) whether verbally, in writing or both.
2.1.2 A booking confirmation or attendance at the training (where the booking confirmation has not been received prior to the event) brings into existence a legally binding contract based on these terms between you and us.
2.1.3 Where you are booking on behalf of your organisation, you acknowledge and agree that you have authority to bind any business on whose behalf you have purchased a place or places on a training course or workshop.
2.1.4 Where you are booking on behalf of your organisation, these terms and any document expressly referred to in them constitute the entire agreement between your organisation and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
2.1.5 Where you are booking on behalf of your organisation you acknowledge and agree that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them.
2.1.6 Where you are booking on behalf of your organisation, you and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this contract.
3. Price and payment
3.1 Payment
You must purchase the training by paying the appropriate fees as set out in the quote provided. Payment can be made in the following ways:
- (i) online by credit or debit card using the Stripe link provided on the invoice
- (ii) by BACS (supplier details can be issued)
3.1.1 If the event is online, we request that a purchase order (‘PO’) is raised at the earliest opportunity following the booking so that we may invoice.
3.1.2 If the training has been booked for face-to-face, we can wait until the course has taken place for the PO to be raised. Trainer expenses will need to be added to the final amount and this is not known until after the course has taken place. A final quote will be provided following the training in order for the PO to be raised.
3.1.3 You are required to ensure that any invoice is paid within 30 days of the date on the invoice.
3.1.4 Attendance at the training before we receive payment will form a legally binding contract in accordance with clause 2.1.2.
3.2 Non-payment
Where you do not pay the appropriate fees in accordance with this Clause 3 or Clause 6.1.2 (ii) this will constitute a breach of this contract and, without prejudice to Clause 3.2.1, we may refuse to train you and your delegates.
3.2.1 We may take legal action in order to recover any outstanding fees.
3.2.2 Without prejudice to Clause 3.2.1, we may refuse or cancel future bookings where payments for training under these terms remain outstanding.
3.3 What happens if we got the price wrong
It is always possible that, despite our best efforts, some of the training we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the training’s correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the training’s correct price at your booking date is higher than the price stated to you, we will contact you for your instructions before we accept your booking. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and cancel your training.
3.3.1 We will pass on changes in the rate of VAT. Where VAT is payable, if the rate of VAT changes between your booking date and the date of training, we will adjust the rate of VAT that you pay, unless you have already paid for the training in full before the change in the rate of VAT takes effect.
4. Our rights to make changes
4.1 Changes to the event
We reserve the right to substitute trainers and consultants at our discretion.
4.1.1 Where ParentAssess is unable to deliver the training face-to-face, the parties may mutually agree an alternative digital platform for delivery.
5. About the training
5.1 Face to face training
5.1.1 The event(s) shall take place on the date set out in the booking confirmation.
5.1.2 The minimum numbers for bespoke group face to face bookings are 10 delegates. If the number of attendees falls below this number, ParentAssess still have the right to charge for 10 delegates.
5.1.3 The maximum numbers for bespoke group face to face bookings are 24 delegates.
5.1.4 It is the responsibility of the organisation to arrange a suitable venue for the training and pay any costs incurred.
5.1.5 The preferred layout for training is cabaret style with tables in groups of 3-5 depending on numbers.
5.1.6 It is requested that regular refreshments are made available for the delegates and the trainers, and any costs incurred for this will be paid by the organisation.
5.1.7 The trainers will require access to a large screen with sound where they are able to connect their laptop.
5.1.8 We shall use our reasonable skill and care to deliver the training and comply with the information you have been provided about it.
5.1.9 The trainers will take reasonable steps to ensure the health and safety within the room and will endeavour to meet any accessibility requirements as long as sufficient notice is provided (at least 5 working days).
5.1.10 It is the organisation’s responsibility to ensure the room provided meets the requirements of the relevant health and safety legislation and is clean, well ventilated, an appropriate temperature and free of hazards. ParentAssess will not be held liable for any accidents that occur due to hazards or health issues due to the room provided by you.
5.2 Online training
5.2.1 In advance of online training, both parties will make best endeavours to ensure that the agreed platform is accessible and capable of delivering/receiving the service to an acceptable standard. Our preferred delivery platform is currently Zoom.
5.2.2 The minimum numbers for bespoke group online bookings are 8 delegates. If the number of attendees falls below this number, ParentAssess still have the right to charge for 8 delegates.
5.2.3 The maximum numbers for bespoke group face to face bookings are 14 delegates.
5.2.4 At least 14 days prior to the training date, the organisation should provide us with a list of attendees and their email addresses so that joining instructions may be issued. At this time we should also be made aware of any accessibility requirements for the delegates.
5.2.5 At least 14 days prior to the training date, the organisation should provide a postal address or addresses for the training packs to be sent to for any courses that require a physical pack. This address can either be a central address for all the packs to be sent to and then distributed individually or we can send packs to individual delegates.
5.2.6 Any delegate who does not have a training pack, will not be able to attend the training on courses that require it.
5.2.7 Neither party shall be liable for fault or failure of the agreed platform that may occur during the delivery of the training, should it be deemed outside of their control.
5.3 Materials
Any materials provided for, during or after the our training are protected by Copyright (except where clearly stated otherwise). No materials should be shared or distributed without explicit permission from ParentAssess.
6. Cancellation, transfer or postponement
You can cancel or transfer your booking in the following circumstances:
6.1.1 where you are a consumer, you have the right to cancel within 14 days of receiving the booking confirmation (the ‘cancellation period’). Where you have given consent to the training taking place within the cancellation period, you will lose your right to cancel your booking on the event.
6.1.2 you have the right to transfer to another date providing you give us at least 21 days’ notice; however, we cannot guarantee availability on your replacement training – where we agree to the transfer:
- i) your original acceptance of these terms and conditions will also transfer
- ii) if the appropriate fees for the replacement training are less than the event you originally booked, we will refund the difference in accordance with clause 6.3
- iii) if the appropriate fees for the replacement training are more than the training you originally booked, we will send a revised invoice for payment, you should pay the invoice in accordance with Clause 3.1.3
6.1.3 outside of the cancellation period detailed in clause 6.1.1 you have the right to cancel your booking up to 21 days before the date of the training and refunds will be made in accordance with clause 6.3.
6.1.4 where you or other delegates are unable to attend, substitute delegates can be accepted at no cost. You should notify the team as soon as possible by contacting us using the details provided in clause 1.4.
6.1.5 You may only cancel your booking in writing using the details provided in clause 1.4. When contacting us, please provide your name, address, details of the booking, phone number and email address.
6.2 Your rights if we cancel a booking
6.2.1 Wherever possible, we will contact you in advance to tell you we will be cancelling a booking, unless an emergency requires us to cancel the booking on the day.
6.2.2 We reserve the right to cancel or postpone bookings if there are insufficient delegate numbers to ensure a high quality training experience or if a trainer is ill.
6.2.3 In the event that we cancel or postpone a booking, we will offer you a replacement on the next available date. Alternatively, if payment has been made, you may ask for a refund which shall be made in accordance with Clause 6.3.
6.3 How we will refund you
6.3.1 Where a booking is cancelled pursuant to 6.2 and in accordance with Clause 6.2.3 you shall be entitled to a refund of the fees paid for that booking within 30 days beginning with the day on which we agree that you are entitled to a refund.
6.3.2 Where a booking is cancelled pursuant to Clause 6.2.3 we will refund your fees for the booking but not any other expenses incurred by you (for example; hotel or rail fares). Your refund of booking fees will be paid within 30 days beginning with the day on which we agree that you are entitled to a refund.
6.3.3 Where you transfer to a replacement course or workshop pursuant to clause 6.1.2 and the fee is less than the original booking, we will refund the difference as soon as possible but in any event within 30 days beginning with the day on which we agree that you are entitled to a refund.
7. If there is a problem or you have a complaint
7.1 How to tell us about problems
If you have any questions or complaints about the booking process or a course or workshop, please contact us using the details in clause 1.4
8. Summary of your legal rights
8.1 Course content
Whilst every effort is made to ensure that our courses/workshops are relevant and topical they are not tailored or bespoke for specific businesses or individuals and therefore all warranties for fitness for purpose and all other express and implied warranties are excluded to the fullest extent lawfully permitted.
8.2 Liability
8.2.1 Nothing in these terms limits or excludes our liability for:
- (i) death or personal injury caused by our negligence
- (ii) fraud or fraudulent misrepresentation
8.2.2 Our liability to you shall be limited to the price you have paid for the training and, subject to Clause 8.2.1 and 8.2.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract, for:
- (i) any loss of profits, sales, business, or revenue
- (ii) loss or corruption of data, information or software
- (iii) loss of business opportunity
- (iv) loss of anticipated savings
- (v) loss of goodwill
- (vi) any indirect or consequential loss
8.2.3 If we are providing training at your business premises, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the training or any damage incurred by the training delegates.
9. How we may use your personal information
9.1.1 We will use the personal information you provide us:
- (i) to deliver the event to you
- (ii) to process your payment for the events
- (iii) to provide post course material and support
- (iv) to give you information about any of the services we offer, but you may stop receiving this at any time by contacting us using the details provided in Clause 1.4
9.1.2 Your personal information will be processed in line with data protection legislation and in accordance with our privacy policy which is hereby incorporated into this Agreement. Our Privacy Policy can be accessed online via our website or provided on request.
‘Data protection legislation’ means the Data Protection Act 1998, and from 25 May 2018, the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016), and any legislation which amends, extends, consolidates, re-enacts or replaces same, including any additional legislation or regulations that may be made pursuant thereto from time to time.
9.1.3 We will only share your personal information with third parties where the law requires us to do so.
9.2 Evaluation
9.2.1 ParentAssess attaches significant importance to the evaluation of its services. It will evaluate training following delivery based on completed anonymous online evaluation forms. ParentAssess agrees to share the outcome of that evaluation with you. In addition, ParentAssess or its research contractor may approach you to carry out a further evaluation of the impact of the training at a later date.
10. Other important terms
10.1 Queries
If you have any queries about the training please contact us using the details provided in Clause 1.4.
10.2 Notices
10.2.1 Any notice or other communication given by you to us, or by us to you, under or in connection with this contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.
10.2.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9am on the second business day after posting or if sent by email, one business day after transmission.
10.2.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.
10.3 Clause provisions
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
10.4 Transfers
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will inform you in writing if this happens and we will use reasonable endeavours to ensure that the transfer will not affect your rights under the contract.
10.5 Additional rights
Nobody else has any rights under this contract. This contract is between you and us. No other person (including delegates whom you have booked places for) shall have any rights to enforce any of its terms.
10.6 Unlawful parts
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.7 Delays
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to allow you to attend the training, we can still require you to make the payment at a later date.
11. Which laws apply to these terms and conditions and where you may bring legal proceedings
11.1 These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation of the contract between us (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, or Scotland, as appropriate.
11.2 We both irrevocably agree that the courts of England and Wales, or Scotland, as appropriate, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or its subject matter or formation (including non-contractual disputes or claims).