The Purchaser contracts with Mpirical Limited (Mpirical) on its own behalf and on behalf of persons (Students) who are enrolled by the Purchaser on Mpirical Courses including courses on Mpirical provided premises (Facilities), on Purchaser provided premises (onsite courses) or who receive Custom courses ordered on their behalf by the Purchaser. These terms and conditions supersede and replace any previous agreements, proposals or representations made between the Purchaser and Mpirical for the provision of Facilities and Onsite courses and packaged courses. These terms and conditions shall prevail notwithstanding any terms and conditions contained in any order submitted by the Purchaser. Any variation must be agreed in writing by Mpirical limited. The Waiver by Mpirical of any breach of any term of this Agreement shall not prevent the Subsequent enforcement of that term and shall not be deemed to be a waiver of any subsequent breach.
The Purchaser hereby certifies that all Students are employed directly by, or are under contract to, the Purchaser and undertakes to bring these terms and conditions to the attention of Students.
3. Confidentiality and Copyright
The Purchaser and Students will not:
(a) disclose or provide or make available to any person other than the Purchaser or Mpirical, or remove from Mpirical’s premises any Mpirical limited course materials or copies thereof acquired as a result of receiving Mpirical limited services without prior consent from Mpirical.
(b) copy in whole or in part of any program materials acquired as a result of receiving Mpirical services except under the supervision of or in accordance with the instructions of Mpirical’s Personnel. Course materials consist of the basic material and their related optional materials for Mpirical’s course. NOTE: Mpirical’s materials and courses are provided for the exclusive use of the Purchaser and Students. All rights in such materials and courses are reserved. The recording, copying, loan, unauthorized hire, public showing or broadcasting of such materials and courses are prohibited.
4. Start Date/Delivery
Onsite Training and Facilities will commence on the date specified by Mpirical in the quotation issued to the Purchaser. Custom, LiveOnsite and LiveOnline Courses will be delivered to the Purchaser as soon as reasonably practicable. Mpirical shall not be liable for any costs or damages suffered by the Purchaser or Students as a result of any delays in delivery of Courses or the cancellation or postponement of either Onsite Courses or Facilities. All Students will be required to complete a Student Registration Form on the start date of each course.
We will specify the dates of open scheduled course. We may cancel any scheduled event on notice. If we cancel an open scheduled event for which you have prepaid, we will refund the price you paid. We are not liable for any other costs.
6. Cancellation, Transfer and Refunds
The Purchaser agrees to pay the following charges to Mpirical in the Event that for whatever reason a Student fails to attend, withdraws or transfers from a course. Written Notice of Cancellation or Transfer – Open Scheduled Courses 11-20 days: 50% of course fee 0-10 days: 100% of course fee. Written Notice of Cancellation or Transfer – LiveOnsite training event 0-10 days: 100% of LiveOnsite training event fee.
The Purchaser agrees to pay the following charges to Mpirical in the Event that a course is cancelled for whatever reason without providing at least thirty (30) days’ written notice prior to the scheduled start of the course.
Written Notice of Cancellation or Transfer – Dedicated Company Courses (onsite courses and Mpirical Facilities) 0-30 days: 100% of course fee.
If Mpirical cancels an event for which you have prepaid, we will refund the price you paid. We are not liable for any other costs.
7. Payment Terms
(i) Open Scheduled Courses. Unless otherwise stipulated by Mpirical, fees for all open scheduled courses are payable by the Purchaser thirty (30) days prior to course commencement, or at time of order where this is less than thirty (30) days before course commencement. If we do not receive payment we reserve the right to cancel the course booking.
(ii) Dedicated LiveOnsite and LiveOnline Courses. Unless otherwise stipulated by Mpirical, fees for Dedicated LiveOnsite and LiveOnline Courses are payable within thirty (30) days from date of invoice, or at time of order where this is less than thirty (30) days before course commencement. If we do not receive payment we reserve the right to cancel the order.
Overdue payments are subject to interest chargeable at a rate of 4% above the Bank of England Base Rate per month or part thereof until payment in full is received whether before or after judgment. All fees are subject to Value Added Tax (VAT) which applies to all Students attending courses in the UK, regardless of country of origin as the tax point is the location of the course.
The Purchaser will not assign the benefit of this Agreement without obtaining the prior written consent of Mpirical.
9. Proper Law
The proper law governing this agreement shall be English and the forum for settling any disputes under this Agreement shall be the English courts.