Terms of Business

Terms of Business relating to open courses

1. Confirmation of Bookings: We are very happy to take your booking request online, email, or through one of our Account Managers. Availability for a particular course can always be checked by telephone but no reservation can be confirmed verbally.
2. The terms of business (in part or in their entirety) may be superseded by special terms for promotions and campaigns. Such alterations may include (but are not limited to) payment terms, booking periods, cancellation clauses and booking conditions. No promotional offer may be used in conjunction with any other standard or promotional offer available at that time.
3. For the avoidance of doubt, we will only provide services on these terms (which may be amended from time to time), to the exclusion of all other terms including any put forward by you. In the absence of express acceptance, your request for or acceptance of delivery of any course constitutes acceptance of these terms.
4. Payment: When written confirmation of your booking is received, we will send an acknowledgement and raise an invoice for the agreed course fees. The invoice is payable in full within 30 days of the invoice date.
5. All our courses are non-residential: Fees include lunch and refreshments throughout the day and all conference facilities during the day. They do not include any overnight accommodation.
6. We regret that we cannot accept cancellations within 30 days of a course start date, although you are most welcome to send substitute delegates. Any cancellations made within 30 days of the course start date are still subject to the full course fee being charged and refunds / credits cannot be applied. Cancellations received more than 30 days in advance of the course are accepted without any cancellation charge or penalty. If a cancellation is made on bookings made as part of an offer, any discounts applied to other courses booked as part of the offer that would no longer be valid as a result of the terms of the offer would be removed and the full amount would be payable on the courses to be attended.
7. Transfers: Bookings may be transferred to an alternative course date up to 30 days before a course start date. We regret that any transfers made within 30 days of the course start date are subject to the same cancellation terms as set out in clause 6 and cannot be refunded or credited.
8. Software: Any software provided by us is loaded and used at your own risk. We shall accept no responsibility for damage to your computer hardware or applications including any virus obtained via the internet.
9. You may not copy or make adaptations or variations of any software provided to you by us without our prior consent.
10. Nothing in these terms shall limit our liability for:
a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; or
b) fraud or fraudulent misrepresentation.
Nor shall anything in these terms limit our liability to consumers to the extent that such liability cannot lawfully be limited, or restrict a consumer’s statutory rights.
11. Subject to clause 10 above, we shall not be liable to you, whether in contract or tort (including negligence) for breach of statutory duty, or otherwise, arising under or in connection with our contract with you for:
a) loss of profits, loss of sales or business, loss of agreement or contracts, loss of anticipated savings, loss of use of corruption of software, data or information or loss of damage to goodwill; and
b) any indirect or consequential loss or damage.
12. Subject to clauses 10 and 11 above, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with our contract with you shall be limited to the amount paid by you in respect of the course in relation to which such liability has arisen.
13. Booking Information: All fees include course notes. All courses are non residential. Responsibility for booking accommodation rests with the delegate. Fees are quoted exclusive of VAT, which will be added to invoices at the prevailing rate. Full joining instructions will be sent to you well before the course. All dates and fees are correct at time of going to press. TACK International reserves the right to change them at any time without notice.
14. Pricing mistakes: It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order 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 require the return of any goods provided to you.
15. Course numbers: If delegate numbers are not sufficient to guarantee the best delegate experience, we reserve the right to cancel any course up to 30 days before the start date of the course without penalty. Any accommodation, transport or other associated costs incurred by you more than 30 days before the course date will not be covered by us in the event of a course cancellation. You will be notified in the event of a cancellation with a minimum of 30 days notice prior to the course start date.
16. Personal information that you provide to us will be used to:
a) supply our service to you;
b) to process your payment for the service; and
c) if you agreed to this during the order process, to give you information about similar services or courses that we provide, but you may stop receiving that at any time by contacting us; and
d) we will only give your personal data to third parties were the law either requires us or allows us to do so.
17. Each party undertakes to the other:
a) not to use the other party’s Confidential Information except for the performance of a booking; and
b) to keep the other party’s Confidential Information confidential and not to disclose it to another person.
Confidential Information shall mean any information identified as confidential or of a confidential nature disclosed (whether before or after the date of the parties contracting and whether in writing, in electronic format, verbally or by any other means and whether directly or indirectly) by or on behalf of one party to the other including, but not limited to, course materials provided by us to you.
18. Neither party will be liable for any failure to perform the services booked due to a cause beyond its reasonable control, such as natural disasters, acts of war or terrorism.
19. If any provision or part of a provision of these terms is found to be illegal, invalid or unenforceable, then that provision or part provision will be deemed to be severed from the terms to the extent necessary for the remainder of the terms to be legal, valid and enforceable, and the rest of the terms will remain in full force and effect.
20. These terms are between two independent contracting parties and do not create any form of special relationship, whether employer/employee, principal/agent or otherwise.
21. These terms are governed by and shall be construed in accordance with English law, and the parties submit to the jurisdiction of the English Courts.

Terms of Business relating to in-company bespoke training

1. These Terms of Business, together with the accompanying order form, constitute a legally binding agreement (the “Training Contract”). Please read them carefully and sign the Training Contract only if you agree to them.
2. TACK will only provide the Course on the terms of the Training Contract, to the exclusion of all other terms including any put forward by Client. In the absence of express acceptance, the Client’s request for or acceptance of delivery of any Course constitutes acceptance of the terms of the Training Contract.
3. In these conditions ‘TACK’ shall mean any Company within the TACK Group. ‘Course’ shall mean any course of instruction prepared by or run by TACK. ‘Client’ shall mean the persons or Company to whom TACK sells the Course.
4. Invoices shall be raised by TACK on the following basis:
a. Preparation and development fees (“Preparation Fees”) – monthly in arrears
b. Course Fees plus known course related costs (e.g. work books) – an invoice shall be raised at time of booking and is payable within 30 days of the invoice date. In the event that they are not paid when due, TACK reserves the right to release the reserved dates without further notice although such release will not constitute formal acceptance of a cancellation (“Course Fees”)
c. Other course expenses (“Other Expenses” - which may include, but are not limited to, travel, accommodation and subsistence allowances at cost) – monthly in arrears of expenditure.
5. TACK may revoke any credit at any time and for any reason.
6. Payment terms – all invoices are payable 30 days from date of invoice.
7. Notice of cancellation or change of date must be in writing and is subject to clause 8 and 9 below. Such notice becomes effective only from the date of TACK’s receipt of such notice in writing.
8. If TACK receives notice of cancellation, transfer or date change less than 30 days before the start of the course 50% of the Course Fees are payable. Any Preparation Fees plus Other Expenses incurred, are payable in full.
9. If TACK receives notice of cancellation, transfer or date change, more than 30 days before the start of the course, any Preparation Fees plus Other Expenses incurred, are payable in full. In this situation course fees are not payable.
10. TACK reserves the right to cancel any course in the event of illness, non-availability of any venue, national emergency, war or any cause outside its direct control. In such case TACK shall give the Client as much notice as may be reasonably possible and all Preparation Fees and Other Expenses which have been paid in advance for the course shall be repaid by TACK. In the case of illness TACK will make all reasonable efforts to find a suitable replacement trainer prior to cancellation.
11. TACK will retain the ownership of and sole rights to the copyright and all other intellectual property rights in any material produced for the purpose of the course (other than in respect of materials provided by the Client, which shall remain owned by the Client). No part of such material may be reproduced or transmitted in any form by any means including photocopying and recording without written permission from TACK. Such written permission must also be obtained before any part of the course material is stored on a retrieval system of any nature.
12. TACK undertakes to use all reasonable endeavours to produce courses as specified but reserves the right to vary, alter or modify any course if deemed necessary; however any material changes shall be agreed with Client prior to implementation.
13. Nothing in these terms shall limit TACK’s liability for:
c) death or personal injury caused by TACK’s negligence, or the negligence of TACK’s employees, agents or subcontractors; or
d) fraud or fraudulent misrepresentation.

14. Subject to clause 13 above, TACK shall not be liable to Client, whether in contract or tort (including negligence) for breach of statutory duty, or otherwise, arising under or in connection with a booking for:
c) loss of profits, loss of sales or business, loss of agreement or contracts, loss of anticipated savings, loss of use of corruption of software, data or information or loss of damage to goodwill; and
d) any indirect or consequential loss or damage.

15. TACK’s liability in all other respects, and whether in contract or tort (including negligence) shall be limited to that amount paid by Client in respect of the Course in relation to which such liability arose.
16. Software: any software provided by TACK is loaded and used at Client’s own risk. TACK shall accept no responsibility for damage to your computer hardware or applications including any virus obtained from the internet.
17. Client may not copy or make adaptations or variations of any software provided to Client by TACK without the prior consent of TACK.
18. If Client fails to pay any amount when due, TACK may, without prejudice to any other rights it has:
a) charge Client interest at the rate of 2% per month on any invoiced amount which remains unpaid for more than 30 days past the due date as defined above. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. Client shall pay the interest together with the overdue amount;
b) postpone the provision of any Courses until an agreed time once all amounts due have been paid in full; and/or
c) terminate the Training Contract by giving Client written notice.
19. VAT is added to all invoices at the prevailing rate at the invoice date.
20. Where the course is run in premises selected by Client, Client should ensure that they request a copy of the venue’s health and safety policies and a recent risk assessment, and provide a copy to TACK.
21. Each party undertakes to the other:
c) not to use the other party’s Confidential Information except for the performance of a booking; and
d) to keep the other party’s Confidential Information confidential and not to disclose it to another person.
Confidential Information shall mean any information identified as confidential or of a confidential nature disclosed (whether before or after the date of the parties contracting and whether in writing, in electronic format, verbally or by any other means and whether directly or indirectly) by or on behalf of one party to the other including, but not limited to, any information relating to TACK contained in any Course material.
22. No changes to the Training Contract are effective unless signed by both parties.
23. Neither party will be liable for any failure to perform the services booked due to a cause beyond its reasonable control, such as natural disasters, acts of war or terrorism.
24. If any provision or part of a provision of these terms is found to be illegal, invalid or unenforceable, then that provision or part provision will be deemed to be severed from the terms to the extent necessary for the remainder of the terms to be legal, valid and enforceable, and the rest of the terms will remain in full force and effect.
25. The Training Contract is between two independent contracting parties and does not create any form of special relationship, whether employer/employee, principal/agent or otherwise
26. This Agreement is subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England.