Terms and Conditions

Definitions

• 1. “Delegates” means those persons who will receive the training services from Prosper Safety
  2. “Charges” means the cancellation charge to be paid by the Client to Prosper Safety
  3. “Course Date” means the agreed course date between Prosper Safety and the Client at the time of booking
  4. “Client” means the individual or organisation that contracts with Prosper Training for the required Services
  5. “Data Protection” means the Data Protection Act 2018, this is the UK’s implementation of the General Data Protection Regulation (GDPR). Prosper Training Ltd follow strict rules called ‘data protection principles’. The company will make sure all information is used fairly, lawfully and transparently.
  6. “Location” means the place at which the Services will be provided
  7. “Payments” means the amounts to be paid by the Customer to Prosper Safety for the Services listed and quotations provided from online booking forms.
  8. “Booking Form” means the online or enquiry form booking system.
  9. “Force Majeure” means any natural and unavoidable catastrophes that interrupts the expected course of events and prevents participants from fulfilling obligations.

General terms and information

1. 1. We are Prosper Safety Ltd, registered in England and Wales; company number 13659963, Provide classroom and remote Health and safety related training. We hold public liability insurance of £5,000,000, professional indemnity insurance of £2,000,000 and employers liability of £10,000,000.
   2. These Terms and Conditions are between The Company and the individual, company or any other organisation.
   3. Prosper Safety shall exercise due care and diligence in providing all services
   4. Prosper Safety reserves the right to make reasonable amendments to these terms and conditions at any time and without notice. The latest version of this will be made available via The Company’s website.
   5. Prosper Safety Ltd (The Company) terms and conditions are contained herein. All quotations and orders accepted subject to these Terms and Conditions.
   6. Bookings can be made via the online booking system on the company website or by submitting a booking enquiry form.

Payment terms and conditions

1. 1. The charges for services via the online booking system shall be made at the time of booking
   2. Charges for services, which are subject to the online booking form or quotation, will be due 7 days from the invoice date unless stated otherwise
   3. The company reserves the right to delay certification until all payments have been made in full by the client.
   4. The client shall pay any applicable Cancellation Charges as set out within cancelations clause 3
   5. In the event the customer would like to make any changes to a booking, this must be done so in writing and prior to the commencement of the original booking. Changes may be classed as, name change, venue change, course or course date.
   6. All sums payable under this agreement are exclusive of VAT. Any VAT payable in addition to such sums shall be payable by the consumer at the same time as all other payments.

Cancellations and Amendments

1. 1. Prosper Safety reserves the right to cancel or amend the course dates or provision of services without prior notice. In the event of any cancellations/amendments made by Prosper Training, the booking will be transferred to the next available course. All notification will be made in writing, no later than 24 hours prior to course commencement.
   2. Clients will have a 24 hour cooling off period where they reserve the right to cancel, change or make amendments to current bookings. This must be done by contacting the company by email: info@prospersafetyltd.co.uk or telephone: 0333 4040 111
   3. Where the client wishes to cancel out with the 24hr cancelation period, the following charges will apply:
      • No cancelation fee if more than 28 days before course date.
      • 50% of the booking cost if the cancellation is within 28 days of the course date
      • 100% of the booking cost if the cancellation is within 21 days of the Course date
      • 100% where the delegate fails to attend the course at the intended location
   4. Where a Client wishes to alter a booking or transfer to an alternative course, the following will apply:
      • The option to transfer can only be used once for each Attendee, after which any transfer will be considered a cancellation.
      • The client may change the name of an attendee free of charge
      • No transfers shall be made within 7 days of course date unless agreed otherwise.
      • The client shall notify the company of any changes by telephone or email.

Intellectual Property

1. 1. Equipment must not be removed from the training environment. Any damage caused by wilful misuse or negligence will be invoiced to The Client.
   2. All intellectual property rights in all including, drawings, illustrations, diagrams, course literature and other documents issued by Prosper Training will remain the property of the company and shall not be reproduced in any form without consent.

Data Protection

1. 1. The Company is a registered Data Controller with the Information Commissioners Office and holds a data protection certificate.
   2. Any information disclosed to us, either directly or through The Company’s web site, will only be collected, stored and processed in accordance with the requirements of the business between The Company and The Client and as set out in our Privacy Policy.

Limitation of Liability

1. 1. The Company does not limit or exclude its liability to the customer for:
      • Death or personal injury caused by the company’s negligence
      • Fraud or Fraudulent misrepresentation
   2. To the extent permitted by law, Prosper Training will be under no liability whatsoever, whether in agreement tort (including negligence) in connection with the agreement for the following:
      • Loss of profit (direct or indirect)
      • loss of income or revenue or business (direct or indirect)
      • Loss of data
      • Loss of savings
      • Any liability for any direct, indirect or consequential loss or damage to third parties
      • losses arising out of any event or events beyond our reasonable control.
      • Any loss or corruption of any data, database or software
   3. The company will not be liable for any failure by reason of delay or failure in performance of the company’s obligations under in relation to an event outside our control.

Force Majeure

1. 1. Neither party shall be responsible for any delay or failure to in performance of its obligations if such failure or delay is due to Force Majeure.

Governing Law

1. 1. These terms and conditions shall be governed in accordance with English Law. The English courts shall have sole jurisdiction to determine any dispute in connection with this agreement