Terms & Conditions of Trading with Cpl Learning and Development Limited, T/A The Cpl Institute
TRAINING (inclusive of Decision Driver Training), CONSULTANCY & ONLINE
These terms and conditions of trading are those that govern the provision of services undertaken by Cpl Learning and Development Ltd (hereinafter called the company) on behalf of our Customer (“the Client”). They are deemed accepted by the client by virtue of our services being engaged and to which their written acceptance is required at the time of a booking being received from the client.
A) Booking conditions
Course booking: All bookings must be secured against receipt of a valid Purchase Order number or the client’s credit card details, which will be retained and used to process later payment, unless otherwise agreed by the company at the time of the client’s booking being processed and cleared.
All training courses will be charged exclusive of VAT. VAT will be charged at the higher prevailing rate currently at 23% for all other services provided by the company (i.e. Consultancy work). These rates are applied based upon the company’s interpretation of Irish legislation, although they are subject to change without notice.
i) Payment terms at time of booking (by credit card): Full payment will be charged to the client’s credit
card at the time of their booking being made.
ii) Payment from date of booking (by bank transfer or cheque): Full payment must be received from the
client in order to confirm the booking.
Our bank details are listed below; otherwise your cheque should be made payable to Cpl Learning and Development Ltd. and forwarded for the attention of the Credit Control Department, Cpl Group, 8-34 Percy Place, Dublin 4.
Bank name: Allied Irish Bank PLC
Account name: Cpl Learning and Development Ltd
Swift Code: AIBKIE2D
IBAN Ref: IE65 AIBK 9320 7831 142053
Should full payment fail to be received within 10 days prior to the course commencing, the company reserve the right to cancel client’s booking & refund any payment subsequently received. In the event of the client’s cheque being dishonoured upon presentation to their bank, the booking will automatically be cancelled.
iii) Credit terms (trading terms): Credit terms cannot be automatically assumed. Please note that a credit period of 30 days from invoice date net will apply to all approved credit applications received, subject to agreement by the company at the time of the client’s booking being accepted.
- Credit limit: The company reserve the right to apply a credit limit to the client’s account, notified to them once their account application has been approved. The Credit Manager of the company should be contacted directly (Tel: 01 6146147) if this “limit” is considered insufficient for the client’s trading requirements. Whilst sympathetic consideration will be given to all requests received, the company’s decision will be both final and binding and communicated to the client in writing.
- Late payment interest: This is covered under the provisions of the “European Communities (Late Payment in Commercial Transactions) Regulations 2002 (SI 388 of 2002), effective 7th August 2002, as enacted through an amendment made to the Finance Act of 1986. “The company reserve the right to charge the client interest at the European Central Bank main refinancing rate (currently 1.0%) plus 7 percentage points on all overdue accounts, calculated at the prevailing interest rate applicable on the day after payment falling due, until the day in which full & final settlement is received to clear”.
- Suspension of services: If payment falls overdue by more than 7 days beyond that of the company’s terms of trading (without “justifiable reason” and that of the company’s prior knowledge or consent), we reserve the right to cancel all further services automatically and without notice to the client.
- Integrity of contract: Payment to the company is not contingent upon the client, or an associated or subsidiary company, receiving payment from a third party. Furthermore our client agrees for these terms to remain in force, resulting from their subsequent change in name, legal composition or acquisition by another business enterprise, unless otherwise agreed and confirmed in writing by the company.
- Payment default: In the event of an invoice remaining unpaid for more than 30 days past due date (without “justifiable reason” and that of the company’s prior knowledge or consent), we reserve the right for the whole account (current and overdue) to be treated as due for immediate settlement. Failure to make full payment within a further 30 days will result in the client’s whole account being passed to the company’s solicitors for collection and the account automatically closed to further
business with the Cpl Group of companies.
iv) Account closure: The company reserve the right to reduce/withdraw credit facilities or close the client’s account at any time (and at their discretion) in the event of persistent problems arising with late settlement, or in light of adverse financial or trading information being received.
v) Claims (invoice queries/disputes): It is the responsibility of the client to notify the company in writing within 14 days from the date of the company’s invoice, in the event of claims or queries arising as to it’s accuracy or correctness. Whilst every care and consideration is taken in the production of all invoices, the company reserve the right to reject claims received beyond this date. It is also not permissible for payment to be withheld by the client over and above the value of an invoice(s) under query. The company will notify the client immediately of their decision once the claim has been investigated.
vi) Claims and refunds: Full payment must be received by due date for the client to qualify for a refund or
other warranties contained within the company’s terms & conditions of trading.
D) COURSE CANCELLATION/AMENDMENT/REFUNDS
i) Written confirmation must be received from the client no later than 3 working days in advance of the course start date, otherwise the full fee will apply and the participant(s) will not be entitled to either a partial or full refund.
ii) Placement transfers (change of participant course date) received from the client within 3 working days of the course start date will incur a 25% administration charge.
iii) Every effort is made by the company to ensure that courses booked are conducted within the terms of their agreement; however circumstances may arise for which they reserve the right to either cancel or amend the course date or venue. Alternative arrangements will also be offered to the client at that time and wherever possible; otherwise a full refund will be made.
E) Attendance requirements for all participants (where applicable, depending on particular programme)
i) In order to receive QQI Certification, all participants must provide us with their Public Personal Service Number (PPS) together with their date of birth at the time of registration on the course start date.
ii) Certification of attendance/accreditation by examination. Certificates will only be issued to participants who attend all modules of the course (where applicable). If a participant is absent for any part of the course then they will not receive a certificate of attendance. Similarly, participants who fail to present themselves throughout the full duration of the course will also not be permitted to sit examinations or participate in course exercises or projects as stipulated either by the Institution of Occupational Safety & Health (IOSH), Quality and Qualifications Ireland (QQI – formerly FETAC) or any other accredited organisation. No exceptions or exclusions will be permitted, as the company is contractually obliged to strictly enforce compliance to these regulations.
F) Corporate Governance (Governing Law)
The company’s contract of sale for the provision of all services shall be governed by, and subject to, the laws of the Republic of Ireland and any disputes arising during the subsequent course of trading will be subject to the jurisdiction of the Irish courts. Where the client is trading with more than one of the Cpl Group of companies (Cpl Resources Plc), either currently or at any time in the future, the company
reserve the right for these terms to be applied concurrently across all trading accounts in existence at that time.
We thank you for your booking and look forward to welcoming you on the day of your course, although in the meantime please do not hesitate to contact your course administrator (Tel: 01-895 5755) should you require assistance.
The engagement of our services by your organisation, whether by written or oral means, shall be deemed to be in full acceptance & compliance with our terms & conditions of trading.
For & on behalf of Cpl Learning and Development Ltd