General Terms and Conditions 

1. Work Execution

1.1 The Consultant shall execute the Work in a highly professional manner, in accordance with applicable regulatory requirements, the Consultant's procedures, and the provisions of this Contract.

1.2 Any documented error or defect in the Work will be rectified by the Consultant within a reasonable period of time at the Consultant's sole cost, provided said error or defect is not attributed to the Client or Client's subcontractor and the Consultant is duly notified of said error or defect within six months after completion of work.

2. Safety, Health and Environment (SHE)

2.1 The Client shall inform the Consultant of any real or potential SHE hazard which may be relevant to or involved or introduced in the Work, prior to as well as during the performance of the Work.

2.2 Whenever the Consultant undertakes Work on site, the Client shall provide all adequate safety measures to ensure a working environment that is safe and in accordance with all relevant legislation.

3. Termination

3.1 Both the Client and the Consultant have the right to terminate this Contract at any time upon 30 days written notice to the other party.

3.2 In the event of termination, the Client shall reimburse the Consultant for all Work performed up to the date of termination and all costs and expenses reasonably incurred by the Consultant as a consequence of such termination.

3.3 Both the Client and the Consultant shall have the right to terminate this Contract with immediate effect if the other party is in material breach of its obligation hereunder or if the other party goes bankrupt or enters into liquidation proceedings.

4. Payment

4.1 All payments must be made via direct credit transfer within 30 days of invoice, unless otherwise stated.

4.2 The Consultant reserves the right to charge interest at 8% over the bank of England rate on all late payments.

5. Confidentiality

5.1 All matters under these terms and conditions shall be treated in strict confidence and both parties agree not to disclose to any third party, save to a member of its own group and its professional advisers, without the prior written consent of the other party any information obtained from the other party related to this Contract, as well as the existence or contents of these terms and conditions. Such consent shall not be unreasonably withheld or delayed.

5.2 Notwithstanding the above, each party shall be free to disclose such information as is:

5.2.1 known to it prior to the information being disclosed by the other party; or

5.2.2 part of the public domain at the time of disclosure; or

5.2.3 required to be disclosed by public authorities in accordance with applicable law.

5.3 Both parties may disclose information to their subcontractors without written prior consent to the extent necessary to complete the Work, provided that a written confidentiality agreement reflecting the principles above is entered into with such subcontractors.

5.4 The Client shall not make any public statement or issue any images in any media worldwide about the Consultant (including on the Internet, such as by way of “blogs” or other self-publication) without the prior written approval of the Consultant.

5.5 The obligations of both parties as defined in this article shall apply regardless of the completion of the Work or termination of this Contract.

6. Intellectual Property Rights

6.1 The Client shall have full ownership rights to the deliverables developed by the Consultant as part of the Work, unless otherwise specified.

6.2 Any procedures or other aids to the Consultant for executing the work (including but not limited to checklists, photographs, diagrams, models and computer programs) developed during the course of the Work, which are part of the deliverables, shall be the exclusive property of the Consultant.

6.3 Notwithstanding the above, both parties agree that any intellectual property right in existence prior to this Contract, either as a filed application or obtained, shall remain the sole property of the originating party.

7. Liability and Indemnity

7.1 the Consultant shall indemnify the Client from and against any claim concerning:

7.1.1 personal injury to or loss of life of any employee of the Consultant; or

7.1.2 loss of or damage to any property of the Consultant, or any other consequential loss or damage, arising out of or in connection with the Work. This applies regardless of any form of liability, whether strict or by negligence, in whatever form, on the part of the Client.

7.2 the Consultant shall, as far as practicable, ensure that other companies that are subsidiaries of or are subcontractors to the Consultant waive their right to make any claim against the Client when such claims are covered by the Consultant's obligation to indemnify under the agreed provisions.

7.3 The Client shall indemnify the Consultant from and against any claim concerning:

7.3.1 personal injury to or loss of life of any employee of the Client; or

7.3.2 loss of or damage to any property of the Client, or any other consequential loss or damage, arising out of or in connection with the Work. This applies regardless of any form of liability, whether strict or by negligence, in whatever form, on the part of the Consultant.

7.4 The Client shall, as far as practicable, ensure that other companies or organisations operating within the boundaries of the site of Work or that are subsidiaries or connected to the Client waive their right to make any claim against the Consultant when such claims are covered by Client's obligation to indemnify.

8. Insurance

8.1 All parties shall, at their own cost, maintain adequate insurance coverage in respect of its responsibilities under this Contract, including insurance cover as required by law.

9. Force Majeure

9.1 Delay in or failure of performance of either party hereto shall not constitute a default hereunder or give rise to any claim for damage if and to the extent such delay or failure is caused by any event beyond the control of the party affected which the party had no reasonable way of preventing or grounds to anticipate, including but not limited to an act of war, natural disaster, fire, explosion, labour dispute. The affected party shall immediately notify the other party in writing of the causes and expected duration of any such occurrence.

10. Governing Law

10.1 This Contract shall be governed and construed in accordance with the laws of England.

10.2 Any dispute arising in relation to or as a consequence of this Contract, which cannot be settled amicably through negotiations between the parties, shall be subject to the courts of England.

Training Course Terms and Conditions

1. Course

1.1 Wavetrain Ltd (hereinafter “Wavetrain”) shall deliver the Course as specified by the Client on the “Training Course Booking Form”. All administration for the Course, including invoicing, shall be undertaken by Wavetrain, even if acting on behalf of another entity. Any contractual matters or liabilities shall be between the Client and Wavetrain.

1.2 Any previously disseminated Course details shall be superseded by those specified on the “Training Course Booking Form” and accompanying documents.

1.3 Wavetrain shall deliver the Course in a highly professional manner, in accordance with applicable regulatory requirements, Wavetrain's procedures, and the provisions of these terms and conditions.

1.4 Any documented error or defect in the Course delivery will be rectified by Wavetrain within a reasonable period of time at Wavetrain's sole cost, provided said error or defect is not attributed to the Client or any of its representatives and Wavetrain is duly notified of said error or defect within six months after Course delivery.

2. Registration

2.1 Course bookings must be confirmed in writing to Wavetrain. Once Wavetrain has received the booking confirmation from the Client, these terms and conditions shall apply, unless otherwise agreed.

3. Fees and Payment

3.1 All fees are current at the time of their publication. However, Wavetrain reserves the right to change any previously published fees.

3.2 Upon confirmation of booking, an invoice is issued to the Client by Wavetrain. All payments must be made via direct BACS transfer within 30 days of invoice, unless otherwise stated.

3.3 Barring an alternative agreement, Wavetrain shall not provide training and the delegate is not registered for the Course, unless full payment of the Course fee is made.

3.4 Wavetrain reserves the right to charge interest at 8% over the bank of England base rate on all late payments.

4. Delegate Substitutions

4.1 Substitution of a registered delegate can be made by the Client at any time without incurring a penalty. Changes to any booking must be made in writing to Wavetrain.

5. Course Transfers

5.1 Transfer requests must be made by the Client in writing at least 14 days before the start date of a booked Course, failing which cancellation charges of the full Course fee will be charged. Wavetrain shall endeavour to offer the registered delegate a place on a subsequent Course (subject to availability) within six months of the original Course date.

6. Cancellation of Bookings

6.1 Cancellation notifications must made in writing:

6.1.1 at least 28 days before the start date of a booked Course for a full refund of the Course fee; or

6.1.2 at least 14 days prior to the start date of a booked Course for a refund of 75% of the Course fee.

6.2 No refund of the Course fee shall be issued for cancellations made later than 14 days prior to the start date of a booked Course.

7. Cancellation and Amendment of Courses

7.1 Wavetrain reserves the right to cancel or alter published Course dates and change venues without liability. In these circumstances, the Client shall be offered an alternative date for registered delegates or a full refund of the Course fee.

7.2 Wavetrain reserves the right to change previously agreed Course content and/or trainer at any time without liability, as long as full adherence to Course objectives and applicable regulatory requirements, as well as the timely delivery of the Course is ensured.

8. Liability and Indemnity

8.1 Any form of liability, whether strict or by negligence, in whatever form, on the part of Wavetrain arising from or in connection with the Course shall be limited to the Course fee charged by Wavetrain.

8.2 Wavetrain shall be relieved from all liability if and to the extent that it becomes unable to carry out any or all of its obligations as a result of any event beyond its control which it had no reasonable way of preventing or grounds to anticipate, including but not limited to an act of war, natural disaster, fire, explosion, labour dispute. Wavetrain shall immediately notify the Client in writing of the causes and expected duration of any such occurrence.

9. Confidentiality

9.1 All matters under these terms and conditions shall be treated in strict confidence and both parties agree not to disclose to any third party, save to a member of its own group and its professional advisers, without the prior written consent of the other party any information obtained from the other party related to the Course and its delivery, as well as the existence or contents of these terms and conditions. Such consent shall not be unreasonably withheld or delayed.

9.2 Notwithstanding the above, each party shall be free to disclose such information as is:

9.2.1 known to it prior to the information being disclosed by the other party; or

9.2.2 part of the public domain at the time of disclosure; or

9.2.3 required to be disclosed by public authorities in accordance with applicable law.

9.3 The Client shall not make any public statement or issue any images in any media worldwide about Wavetrain (including on the Internet, such as by way of “blogs” or other self-publication) without the prior written approval of Wavetrain.

9.4 The obligations of both parties as defined in this article shall apply regardless of the completion of the Course delivery or cancellation of the booking.

10. Governing Law

10.1 These terms and conditions shall be governed and construed in accordance with the laws of England.

10.2 Any dispute arising in relation to or as a consequence of these terms and conditions, which cannot be settled amicably through negotiations between the parties, shall be subject to the courts of England.