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Terms & Conditions

IBEX EDUCATION LIMITED

TERMS AND CONDITIONS FOR TRAINING SERVICES

These Training Terms and Conditions (as varied from time to time by Ibex) form part of each contract entered into between Ibex and a Customer.

 1. Definitions                                      

 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

'the Course'   means the training course referred to in the Schedule.

'the Course Date'    means the date of the Course referred to in the Schedule.

'the Training Fee'    means the training fee referred to in the Schedule.

'the Payment Due Date'   means the date specified in the Schedule by which the Training Fee must be paid.

'the Location'   means the premises specified in the Schedule at which the Course will take place.

 2. Services to be performed              

Ibex hereby agrees to provide the Course to the Customer upon the terms and conditions hereinafter contained ("the Specific Products and Services Terms and Conditions") and upon Ibex's General Terms and Conditions. In the event of any conflict between the Specific Products and Services Terms and Conditions and the General Terms and Conditions the former will prevail.

 3. Charges and payment                    

The Training Fee shall be paid by the Client to Ibex by the Payment Due Date. The Training Fee includes the provision by Ibex of materials, literature and equipment where necessary but excludes inter alia the cost of a delegate's travel and accommodation.

 4. Cancellation                                    

Cancellations can only be accepted by Ibex if made in writing by the Customer. If any cancellation is received less than fifteen Business Days prior to the Course Date a Cancellation Fee equal to 50% of the Training Fee will be payable by the Customer. However if the cancellation is received by ibex less than ten Business Days prior to the Course Date the Training Fee will be payable in full. In either situation the Customer shall be permitted to nominate a replacement delegate who may at Ibex's discretion be accepted without further charge.

 5. Transfer                                           

In the event that the Customer wishes a delegate to be transferred to a different course, this will be permitted where possible. If written notice is received by Ibex not less than ten Business Days prior to the Course Date there will be no charge for the transfer but if the transfer is requested less than ten Business Days prior to the Course Date an administrative charge of 20% of the Training Fee will be payable to Ibex by the Customer.

 6. Non-attendance                             

The full Training Fee will be payable notwithstanding the non-attendance of the delegate.

 7. Rescheduling                                 

 Ibex reserves the right to reschedule the Course if as a result of illness or absence of a member of Ibex's training staff, or any other reason beyond Ibex's control, Ibex is unable to commence or complete the Course. In that event Ibex will offer the Customer an alternative course and if an alternative cannot be offered then Ibex shall refund the Training Fee paid by the Customer.

 8. Facilities                                          

In the event that the Course takes place at a location under the control of the Customer then the Customer undertakes to provide the classroom and all related facilities, including all necessary hardware and software unless otherwise agreed in writing, and not to exceed the stated number of delegates per class.

 9. Delegates                                          

Each Course assumes an ability and understanding level as detailed in the Course overview. In order for a delegate to benefit fully from the Course the delegate must have the necessary prior ability and understanding and Ibex reserves the right to refuse to continue training any delegate who does not have that ability and understanding. The Customer is responsible for the delegate throughout the duration of the Course and, in particular, must ensure that delegates do not copy or remove from the Location any training documents and related literature without the prior consent of Ibex, or its employees or agents. Ibex retains copyright in all training documentation.

 10. Liability                                         

10.1Ibex shall indemnify the Customer and keep the Customer fully and effectively indemnified on demand against any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of Ibex, its employees, agents or sub-contractors.

10.2The Customer shall indemnify Ibex and keep Ibex fully and effectively indemnified on demand against any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors.

10.3Except in respect of injury to or death of any person the respective liability of Ibex and the Customer under Clauses 10.1 and 10.2 in respect of each event or series of connected events shall not exceed the Training Fee.

10.4Notwithstanding anything else contained in this Agreement Ibex shall not be liable to the Customer for loss of profits or contracts or other indirect or consequential loss whether arising from negligence, breach of contract or howsoever. 

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