1. Definitions

These are the terms and conditions governing the provision of training services by Xplor-IT or its sub-contractors with the exclusion of any other oral or written statement or agreement whatever its legal character

• 'Client or Customer' means a company or individual that completes a
course booking form or enters into a contractual arrangement.
• 'Delegate’ means the party or parties named as attendees on the course booking form.
• 'Invoice' means an invoice for the charges delivered by Xplor-IT to the customer

2. General

These Terms and Conditions shall apply to all training carried out in the
provision of services by Xplor-IT to the Customer in accordance with
any order confirmation authorised by the Customer. No additions to, or
modifications of, these Terms and Conditions shall have effect unless
expressly agreed in writing by both parties and expressed to be amendments
to these Terms and Conditions. Xplor-IT employees or agents are not
authorised to make any representations whatsoever concerning the provision
of services unless confirmed by Xplor-IT in writing. The Customer
acknowledges that it does not rely on, and waives any breach of, any such
representations that are not so confirmed.

3. Acceptance of order

i. Bookings can be accepted at any time up to the course start date,
subject to availability.
ii. An official confirmation must be received from the Customer in order
to reserve a place. Prior to your confirmation, your place is only held
provisionally.
iii. Confirmed bookings can be made by letter, fax or email (provisional
bookings can be made by telephone, email or via our on-line service).
Bookings will only be confirmed on receipt of written authorisation plus deposit.

4. Substitutions, Rescheduling and Cancellations

i. Delegate substitutions may be made prior to the start of the course
without penalty, providing Xplor-IT is informed in writing. It is the Customer's responsibility, having referred to relevant Xplor-IT course information,
to ensure the course is suitable for the student's requirements.
ii. Bookings rescheduled by the customer within zero to seven days
of the commencement date of the course will incur a 10% transfer fee.
iii. Bookings transferred by the customer more than seven days before the
commencement date of the course will incur no transfer fee, however the
transfer must take place within 3 months of the commencement date of the
original class.
iv. In the event that a customer cancels a booking for which a transfer
has taken place, this will incur a minimum 50% cancellation fee (see below).
v. In all circumstances Xplor-IT require written notification of
any transfers.
vi. Cancellations by customers made more than thirty days before
course commencement will not incur cancellation charges.
vii. Cancellations within zero to seven days of course commencement
will incur a 100% cancellation fee, between eight and thirty days will incur a
50% cancellation fee.
viii. In all circumstances Xplor-IT require written notification of
any cancellations.
ix. Xplor-IT undertakes to provide the training course on the date
specified except when external circumstances prevent this. In these
circumstances Xplor-IT will endeavour to re-run the course on a
mutually agreeable basis.
x. Xplor-IT reserves the right to cancel a course, though we make every effort to ensure this does not occur. In the event of a course being cancelled by Xplor-IT, alternative dates will be proposed or a full refund of monies paid will be made to the customer.
xi. Xplor-IT takes no responsibility for loss of profit and/or for
any incidental, consequential special or indirect losses as a consequence of exceptional cancellations.

5. Sub-contracting

Xplor-IT reserves the right to assign or sub contract its training courses to other appointed and approved personnel

6. Pricing and Payment terms

i. All course fees are fixed and published by Xplor-IT, however
Xplor-IT reserves the right to review and change prices.
ii. The course fee includes tuition, training materials, manuals and computer time as appropriate to the course.
iii. Payment of the course fee, together with the VAT, should be received by Xplor-IT 30 days prior to the course start date or on booking, whichever is the later.
iv. No training services will be provided unless payment conditions have been satisfied.
v. All prices quoted are exclusive of VAT, which will be charged at the
prevailing rate as notified by Customs and Excise.
vi. Payment can be made by Bank transfer, guaranteed cheque or credit card (Master card or VISA). Credit card payments incur a 2% surcharge on the gross amount.
vii. The client agrees to pay for any loss or extra cost incurred by Xplor-IT through the client’s instructions or through failure in taking delivery on the part of the client, its servants or employees.

7. Course content

Our course listing is provided for information purposes only and does
not constitute an offer for a particular course or programme. Xplor-IT
constantly strives to improve the content of its courses and therefore
reserves the right to modify the specification of a course without notice to the Customer.
A course title, duration, cost, content and location are
liable to change at any time.

8. Delegate Suitability

i. It is the Customer’s responsibility to ensure that the course is
suitable for their requirements. All delegates should have read and
understood the course outline and met the necessary prerequisites.
ii. Xplor-IT reserves the right to ask a delegate to leave the
training event if the delegates does not meet the course prerequisites.
iii. Xplor-IT urges clients to support this policy, which is designed
to protect the Customer’s investment.
iv. All delegates will be required to abide by any site rules and regulations operating at the course location.

9. Force Majeure

Xplor-IT shall be entitled to delay or cancel delivery or to
reduce the amount delivered if it is prevented from, hindered in or delayed
in the provision of services through any circumstances beyond its reasonable control including but not limited to strikes, lock outs. Accidents, war, fire, acts of God, reduction in or unavailability of power, break down of plant or machinery or shortage or unavailability of raw materials from normal sources of supply.

10. Limitation of Liability and Indemnities

i. Except as may otherwise be expressly provided in these Terms and
Conditions, all warranties,
conditions, terms, undertakings and representations of any kind whatsoever,
express or implied, whether by statute, common law or otherwise, are hereby
excluded by Xplor-IT to the fullest extent permitted by law and Xplor-IT shall have no other obligation, duty or liability whatsoever in
contract, tort, statute or otherwise to the Customer.
ii. Xplor-IT represents and warrants that the services provided will be performed in a professional and skillful manner consistent with the professional standards and the general customs and practices of the industry.
iii. Xplor-IT’ maximum aggregate liability for any and all losses,
claims, demands, damages, costs and/or expenses of any kind whatsoever
arising out of or in connection with any order confirmation and/or these
Terms and Conditions (whether in contract, tort, by statute or otherwise)
shall not, in total, exceed the amount actually paid by the Customer to Xplor-IT for the services which are the subject of the order confirmation
in question.
iv. Without prejudice to the generality of the foregoing, Xplor-IT
shall not be liable to the Customer (whether in contract, tort, by statute
or otherwise) for loss of profits and/or for any incidental, consequential,
special or indirect loss or damage arising out of or in connection with any
order confirmation and/or these Terms and Conditions, including but not
limited to: (a) loss of use; (b) loss of goodwill; (c) loss and/or
corruption of data; (d) loss of information; (e) loss of business; (f) loss
of goods; (g) loss of anticipated savings; (h) loss of revenue; (i)
downtime; (j) any damage relating to the procurement by the Customer of any
substitute services.
v. For the avoidance of doubt, neither the types of loss and/or damage
specified in sub-clauses 12.5 (a) through (j) inclusive above nor any
similar types of loss and/or damage shall constitute direct loss for the
purposes of these Terms and Conditions and/or any order confirmation.
vi. For the avoidance of doubt, nothing in these Terms and Conditions
and/or any order confirmation shall restrict and/or exclude in any way Xplor-IT’ liability for (a) death or personal injury resulting from the
negligence of Xplor-IT, its officers and/or employees; and/or (b)
fraudulent misrepresentation. The Customer is liable for any loss, damage or injury to Xplor-IT staff or their property which may arise whilst
working at the Customer location and is due to negligence or breach of
statutory duty by the Customer.
vii. Xplor-IT accepts no liability for the failure of any third party
hardware, software and/or systems which may be the subject of any Xplor-IT services: this includes failure to meet its operating
specification.
viii. No part of the training material may be reproduced, stored in a
retrieval system, or transmitted in any form, or by any means, electronic,
mechanical, photocopying, or otherwise, without prior permission in writing
of Xplor-IT or the copyright owner.
ix. All Intellectual Property Rights for any product or service remain
the property of Xplor-IT unless otherwise stated or agreed.
Disclaimer :
The information contained in all Xplor-IT Training coursework & literature is distributed on an “As Is” basis, without warranty. While every precaution has been taken in the preparation of the training courses and associated literature, neither the author nor Xplor-IT shall have any liability to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the instructions contained in the coursework or by the computer software and hardware products described in it.

Publisher:
Xplor-IT
Byron House
Lower Road
Kenley
Surrey
CR8 5NB

© 2006 Xplor-IT. All rights reserved. The Xplor-IT logo, "Xplor-IT"
and " www.Xplor-IT.co.uk" are trademarks of Xplor-IT and are used
under licence.
E&OE