TERMS AND CONDITIONS
Summary
This document outlines the Terms and Conditions (“Ts&Cs”) between Mobius Training and Consultancy Limited from hereon know as "Mobius" and the Trainee applied in the provision of the Services and who are individually a Party and jointly Parties to the Contract.
In this document the following words have the following meanings:
‘Trainee’ means the independent person contracting Mobius to provide the Services and to whom these Ts&Cs apply to the exclusion of all others.
‘Mobius’ is the trading name of Mobius Training and Consultancy Limited of Salvus House, Aykley Heads, Durham, England, DH1 5TS, a Company registered in England and Wales under registration number 12194003.
‘Working Day’ means a day (other than a Saturday, Sunday, statutory, bank or public holiday or a day on which Mobius has specified that they will be on holiday).
“Contract” means an accepted Training Programme (“includes but not limited to IOSH Managing Safely”) and these Ts&Cs.
“Services” are as detailed in the conformation email.
The order of precedence of the Contract documentation is:
the Wix site T&C's; and
these Ts&Cs.
It is hereby declared that the paragraphs, sub-paragraphs and clauses of the Contract shall be read and construed independently of each other.
Should any part of these Ts&Cs, its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
No addition to or modification of any clause in the Contract shall be binding on the Parties unless made by a written instrument and signed by the signatories to the Contract or their duly authorised representatives.
This Contract sets out the entire contract and understanding of the Parties and is in substitution of any previous written or oral Contracts between the Parties.
Unless the context otherwise admits, words importing one gender shall include all other genders and words importing the singular shall include the plural and vice versa.
Reference to any statutory provisions in this Contract shall include any statutory provisions, which amends or replaces it
Obligations
During the term of the Contract Mobius shall:
provide the Services with all due care, skill and ability; and
promptly give to the Trainee all such information as it may reasonably expect in connection with matters relating to the provision of the Services.
The Trainee shall use reasonable endeavours to ensure that he is available at all times on reasonable notice to receive the Services.
The Trainee shall comply with all reasonable standards of safety and comply with the health and safety procedures from time to time in force at the premises where the Services are provided and report to Mobius any unsafe working conditions or practices.
In consideration for the Services to be performed by Mobius, the Trainee agrees to pay Mobius for the Services performed.
Fees will be agreed on a case-by-case basis dependent on the Services being provided.
Mobius shall have the obligation to make the final determination of the scope and nature of the Services to be provided to the Trainee.
The Trainee agrees to pay Mobius; at completion of the Services performed. Unless otherwise agreed.
The Trainee shall have the obligation to contact Mobius prior to the date of the training to confirm the date, time and any other information related to the training activities OR on a regular basis to provide an update on the Services being provided.
Warranties
Both Parties and the signatories to the Contract warrant that they are authorised and permitted to enter into the Contract and have obtained all necessary permissions and approvals.
Both Parties warrant and undertake that they are not aware as at the date of the Contract of anything within their reasonable control which might or will adversely affect their ability to fulfil the obligations under the Contract.
Indemnities and Limitation of Liability
Neither Party shall be liable to the other under this Contract in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits or anticipated savings or for any indirect or consequential or loss whatsoever.
The Trainee shall indemnify and hold Mobius harmless from any loss or liability from the performance of the Services under this Contract.
Nothing in this Contract shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.
Service Description
The actual Services to be provided shall be as detailed in the conformation document.
Service Costs
The cost of the Services to be provided shall be as detailed in the course bookings.
Changes to this Contract
Mobius reserves the right to change the terms of this Contract and all other terms and conditions and policies which may affect the Trainee in order to comply with changes in the law.
The Trainee will be informed of any such changes and shall be deemed to be bound by them 1 calendar month after receiving the notice.
If the Trainee does not agree to be bound by the changes, Mobius may terminate this Contract in accordance with the Termination clause of this Contract.
Invoice Procedure
The invoice procedure is as detailed in the cart page.
All online orders must be paid in full at time of purchase.
Term
This Contract shall commence on the commencement date that is stated in the conformation and continue until either party opt to terminate.
Confidentiality
Any documentation disclosed by each party to the other during the period of this Contract (including, without limitation, confidential information) shall be regarded as between the Parties, and as the property of the disclosing Party; and
It shall be used solely and exclusively for the purposes of this Contract and for no other purpose whatsoever.
Neither Party shall disclose any such confidential information to any third Party other than Employees, agents or assistants duly appointed in accordance with this Contract for the proper performance of their duties.
Termination
Either Party can terminate this Contract on 30 days’ notice.
Either Party may terminate this Contract immediately in the event that:
either Party commits a serious, grave or material breach or persistent breaches of this Contract including non-performance, default or neglect of its duties, responsibilities and obligations under this Contract, and
such breach remains unremedied for a period of 30 days from written notice given by the other party specifying the breach and requiring its remedy; or
such breach is not capable of remedy.
Mobius reserves the right to terminate this Contract at any point with one months’ notice at Mobius’ discretion, or Mobius reserves the right to terminate this Contract or to suspend the Service in the following circumstances:
if the Trainee is in breach of the terms of this Contract; or
becomes the subject of a voluntary arrangement under Section 1 of the Insolvency Act 1986; or
is unable to pay his debts within the definition of Section 123 of the Insolvency Act 1986; or
Force Majeure
Neither Mobius nor the Trainee shall be liable for breaching this Contract where that breach results from Force Majeure.
Force Majeure refers to any event that is beyond the reasonable control of the Parties and includes, but is not limited to, acts of God; acts of war; national emergencies; governmental action; union action; civil unrest; fire; explosion; flood and theft.
Severance
In the event that any provision of this Contract is found to be invalid or otherwise unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way.
The waiver by either Party of any provision of this Contract will not operate or be interpreted as a waiver of any other provision or a subsequent breach of any provision.
Notice
Any notice given by either of the Parties under this Contract shall be served on the other Party and addressed to that Party’s signatory by email, personal delivery, pre-paid recorded delivery or first-class post to the receiving Party.
Any such notice shall be deemed to be effectively served as follows:
in the case of service by pre-paid recorded delivery or first-class post 48 hours after posting;
in the case of service by email on the next working day.
Waiver
The failure by either Party to enforce at any time or for any period any one or more of these Ts&Cs shall not be a waiver of them or of the right at any time subsequently to enforce any provision of this Contract.
Entire Agreement
This Contract contains the entire agreement between the Parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.
Jurisdiction
This Contract shall be interpreted construed and enforced in accordance with the laws of England and Wales.
The Parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
18. Mediation
If at any time any question, dispute or difference whatsoever shall arise as to the formation, meaning, operation, validity or effect of the Contract or the rights, duties or liabilities of the Parties under or by virtue of it or otherwise or any other matter in any way connected with or arising out of the subject matter of the Contract, either Party may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to a mutually agreed Third Party Mediator within 14 days of such notice.
19. Arbitration
If an attempt at Mediation as in Clause 18 should fail then the dispute or difference shall be referred to the arbitration of a single arbitrator to be agreed upon by the Parties within 14 days of the failure of such an attempt, or in default of such Contract, to be nominated by the President for the time being of the Law Society of England and Wales such arbitration to be conducted in accordance with the Arbitration Act 1996.
20. Headings
The headings in these Ts&Cs are for convenience only and are not intended to have any legal effect.
21. Third Party Rights
A person who is not a Party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.