1. Background:

These Terms and Conditions are the standard terms for the provision of services by AIT Medihelp Ltd, a company registered in England under 6994032 of 100 Church Street, Braintree, Essex CM7 5JY.

Effective from 1st January 2022

 

2. Definitions & Interpretation:

In these Terms & Conditions the following expressions shall have the following meanings:

“Business Day”

means any day other than a Saturday, Sunday or bank holiday;

“Calendar Day”

means any day of the year;

“Contract”

means the contract for the provision of Services;

“Confirmation Date(s)“

means the date(s) of execution of the Contract

“Month”

means a calendar month;

“Price”

means the price payable for the Services;

“Services”

means the services which are to be provided by Us to You under the terms of the Agreement.

“Special Price”

means a special offer price payable for Services which We may offer from time to time;

“Order”

means your order for the Services;

“Order Confirmation”

means Our acceptance and confirmation of your Order as described in Clause 2;

“We/Us/Our”

means AIT Medihelp Ltd, a company registered in England under 6994032 of 100 Church Street, Braintree, Essex CM7 5JY and includes all employees and agents of AIT Medihelp Ltd.

“You/Your”

means the Client instructing us

“Agreement”

means the agreement in the agreed form to be entered into by us and the Client for the purpose of regulating the goods and services to be provided by us to the Client, whether as a written contract (in paper or electronic form) or verbal contract.

“Client”

means the person, company or other legal entity identified as providing a request or instructing AIT to supply the Services.

“Intellectual Property”

means:

(a) all training materials, course manuals, copyrights, design rights, trademarks, service marks, trade secrets, know-how, database rights, rights in data, moral rights, rights protecting confidentiality and rights protecting goodwill and reputation and other rights in the nature of intellectual property rights (whether registered or unregistered)

(b) all other rights and forms of protection having a similar nature or effect anywhere in the world to any of the rights described in (a) above

(c) applications for or registrations of any of the rights described in (a) or (b) above; and

(d) the right to apply for registration of any of the rights described in (a) or (b) above;

“Invoice Date”

means the date stated on the invoice provided by AIT to the Client in respect of the Services rendered

“Minimum Price”

means the price quoted, as agreed between Us and the Client, for the minimum number of attendees required which are outlined below:

Foundation and Refresher Courses -minimum 8 attendees per session

Competency with Medicines Administration Course – minimum 8 attendees per session

“Writing”

means electronic communications whether sent by e-mail, text message, fax or other means.

 

3. Prices:

3.1 The Price of the Services will be that in place at the time of your Order unless otherwise expressly stated and shall be confirmed in writing.

3.2 The price is exclusive of all expenses unless expressly stated. AIT reserves the right to invoice to the Client all reasonable expenses in respect of travel, accommodation, food and other reasonable related expenses incurred during the provision of the Services, but only if expressly agreed between the parties in advance of the Services being provided.

3.3 All prices are exclusive of Value Added Tax. All Value Added Tax will be charged in accordance with the taxation laws of England and Wales as in force at the time.

3.4 If We quote a special price which is different to the price shown in Our current price list, the special price will be valid for 3 months or the period of the agreed contract, if the special price is part of an advertised special offer, for the period shown in the advertisement.  Contracts placed during this period will be accepted at the special price even if We do not accept the contract until after the period has expired.

3.5 Our prices may change at any time but these changes will not affect contracts that We have already accepted.

 

4. Terms of Payment:

4.1 For the provision of Services, payment is required to be made by bank transfer (BACS) or cheque within 30 Days of the invoice date.

4.2 If we do not receive your payment by the due date (i.e. 30 days from the invoice date), AIT is entitled to charge statutory interest (currently 8% pa plus the Bank of England base rate for business to business transactions – currently 0.5%) per day plus an administration charge of £40.00 for any payments not received.

4.3 The provisions of sub-Clause 4.2 will not apply if you have promptly contacted Us to dispute an invoice in good faith.  No interest will accrue while such a dispute is ongoing.

 

5. Cancellation Policy:

Unless by mutual agreement, We reserve the right to charge the following in the event of cancellation by the Client:

– More than 2 weeks in advance of the agreed training date: No charge.
– Less than 2 weeks in advance of the agreed training date: 50% of minimum price.
– Less than 1 week in advance of the agreed training date (but not on the date): 100% of minimum price.
– On the agreed training date: 100% of minimum price including trainers travel expenses if incurred.

 

6. Liability:

6.1 Our liability to you:

We will use all reasonable endeavours to ensure that all elements of the Service we have agreed to provide as part of our contractual obligations are carried out with reasonable care and skill.

Regarding the supply of any goods and services, we are not liable to you or any member of your party for any injuries, liabilities or any other losses incurred, except where it is expressly stated within these Terms and Conditions. Our total liability to anyone presenting a claim, relating to a negligent act by us, shall not exceed the total cost of the course.

 

6.2 Your liability

In entering the Agreement, you do so voluntarily and with the knowledge that as a direct result of your actions, you or any member of your party have any accident, injury or other incident it is entirely your responsibility and you hereby indemnify AIT Medihelp Ltd, its Directors and Agents in full against any claim brought about by you, a member of your party or a third party.

6.3 Variations

Occasionally it may become necessary to adapt these Terms and Conditions. If this happens you will be advised of the changes.

 

7. Intellectual Property Rights:

There will be no transfer of the Intellectual Property Rights or other proprietary rights of AIT Medihelp.

 

8. Force Majeure:

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause that could not be anticipated and/or which are beyond its control including, but not limited to:

Act of God,(such as, fires, explosions, earthquakes, extreme weather conditions, tidal waves and floods);
Governmental act,
War, hostilities (whether war declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo
Acts or threats of terrorism,
Civil commotion/disorder.

For the avoidance of doubt, nothing in clause 8 shall excuse the Client from any payment obligations arising under this Agreement (except under this clause 8) or from liability for any act or omission of any of its subcontractors or sublicensees which put the Client in breach of this Agreement.

 

9. Confidentiality:

9.1 Each party shall, during the term of this Agreement and thereafter, keep confidential all, and shall not use for its own purposes nor without the prior written consent of the other disclose to any third party, any information of a confidential nature (including, without limitation, trade secrets and information of commercial value) which may become known to such party from the other party and which relates to the other party unless such information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of this Agreement, or subsequently comes lawfully into the possession of such party from a third party.

9.2 The provisions of Clause 9 shall remain in full force and effect notwithstanding termination of this Agreement for any reason.

 

10. Problems with the Services:

We always use reasonable efforts to ensure that Our provision of the Services is trouble-free.  If, however, there is a problem with the Services we request that you inform Us as soon as is reasonably possible (you do not need to contact Us in writing).

We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.

We will not charge you for remedying problems under this Clause 10 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault.  If We determine that a problem has been caused by incorrect or incomplete information provided by you, Clause 5 will apply and We may charge you for remedial work.

As a consumer, you have certain legal rights with respect to the purchase of services.  We are, for example, required to provide the Services with reasonable care and skill.