Terms & Conditions
Terms and Conditions of the use of this website
Note: This website www.pelatisonline.co.uk and other websites owned or operated by Pelatis Online Ltd are referred to in this document as the Site
- Pelatis Online Ltd.
Registered address(not for correspondence):
6 HIGH STREET
Registered in England and Wales Nº 08804617
- Use of the Site
You may access the Site solely for your own personal use. You must not use any content of the Site for any commercial or illegal purpose. By submitting any material to us, you acknowledge that we may copy, modify, distribute or create a derivative work from the Material in any manner that we shall determine. You will indemnify us if any third party takes action against us in relation to the Material. We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons.
- Intellectual Property Rights
The Site and its content are protected by intellectual property rights, including copyright and trade marks. Except as expressly authorised by us or relevant parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part.
Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis and we do not guarantee that the Site will be suitable for your purposes or requirements. If your computer does not support relevant technology, you may not be able to use certain services or access certain information on the Site. The Site is accessed via the World Wide Web which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for all information or service obtained by you on the World Wide Web. The content of the Site has been compiled from a variety of sources and is subject to change without notice. We use reasonable care in compiling and presenting the content of the Site, but we give no guarantee that the content is complete, accurate, error or virus free or up to date. So far as permitted by law, we disclaim all warranties, conditions and other terms of any kind, whether express or implied, whether in contract, tort (including liability for negligence) or otherwise, including, but not Ltd to any implied term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill.
- Limitation of Liability
Pelatis Online Ltd shall not be liable, to the fullest extent permitted by applicable law, for any damages that may result from the use or non-use of any of the content of this website.
- General Information
Pelatis Online Ltd website www.pelatisonline.co.uk is provided for the purposes of our Clients seeking information regarding our products and services. It does not at this time offer for sale specific items or currently trade online.
- Governing Law
This Agreement, all matters regarding the interpretation or enforcement of it, and any other matters or disputes arising in connection with it or its subject matter, including the Consultancy Services (see below) shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
Terms and Conditions for the provision of services
The services referred to in these terms and conditions are provided by Pelatis Online Ltd of
Registered address(not for correspondence):
6 HIGH STREET
Registered in England and Wales Nº 08804617
- SCOPE OF CONTRACT
1.1 The terms and conditions set out in this Agreement and the proposal shall govern the contract between Pelatis Online Ltd and the Client for the provision of the Consultancy Services.
1.2 Including to the exclusion of all other terms and conditions, any oral or written quotation, purchase order, acceptance or acknowledgement of an order by the Client, any specification not set out in this Agreement or any other document (whether or not referred to in this Agreement) or any purported attempt by the Client to impose or incorporate its own terms and conditions.
1.3 All drawings, descriptive matter, specifications, advertising and promotional material issued by Pelatis Online Ltd and any descriptions or illustrations contained in Pelatis Online Ltd Website or brochures are issued or published for the sole purpose of giving an approximate idea of the Consultancy Services described in them, and shall not form part of this Agreement.
1.4 In this Agreement: (i) any terms in the singular shall include the plural and vice versa; (ii) the words “include” “including” “in particular” or “excluding” or the like will not be construed as a terms of limitation, (iii) any reference to a “Clause” means a clause of this Agreement; (iv) the headings are included for convenience only and may not be used in construing or interpreting this Agreement.
1.5 “Consultancy Services” means the service to be provided by Pelatis Online Ltd to the Client as described in the Proposal, and “Deliverables” means those documents or forms of information or delivery to be provided in the Service, again as set out in the Proposal.
1.6 “Client” means where the Client is an individual or individuals, business or businesses, for profit or not-for-profit, private or public who employs or contracts the services of Pelatis Online Ltd. “Business” means where the Client is either (i) a company, partnership or sole trader or (ii) individual(s) acting other than as Consumers, who, for example, are requesting the Service as they are marketing a website for whatever purpose.
1.7 “Customer” refers the customers of the client, and is also used interchangeably when referring to websites as “users” whether commercial or otherwise.
2.1 The parties confirm that all quotations provided by Pelatis Online Ltd are not an offer capable of acceptance. Each order for Consultancy Services on the basis of the Proposal placed by the Client shall be deemed to be an offer by the Client to purchase the Consultancy Services subject to this Agreement. No such order placed by the Client shall be deemed to be accepted by Pelatis Online Ltd until a written confirmation of the order is sent to the Client. This will normally be in the form of an email although this may be subject to change in individual circumstances.
2.2 Unless previously withdrawn or Pelatis Online Ltd specify otherwise in writing, quotations are valid for a period of 90 days only from the date of issue. If, after such a period, Pelatis Online Ltd, at their discretion or at the Client’s request, agrees to supply the Consultancy Services detailed in such a lapsed quotation this Agreement shall apply thereto.
3.1 Pelatis Online Ltd will use reasonable endeavours to perform the Consultancy Services and deliver the Deliverables to the Client by or within any date or period agreed in writing, but such dates or periods are estimates only given in good faith and Pelatis Online Ltd will not be liable for any failure to complete or deliver by such dates or within such periods. Time for performance of the Consultancy Services or delivery of the Deliverable will not be of the essence nor be made of the essence by notice. In any event, or if no dates or periods are so specified, performance or delivery will be within a reasonable time.
3.2 Where the Client wishes to change the scope of the Consultancy Services or any Deliverables, including any dates for performance or delivery it shall put such request in writing to Pelatis Online Ltd. Pelatis Online Ltd shall confirm in writing whether it will be able to comply with the request and set out any changes to the Fees or dates of performance or delivery. This will normally be in the form of an email. For the avoidance of doubt, although Pelatis Online Ltd will endeavour to comply with reasonable requests by the Client for such changes, it shall not be under any obligation to do so.
3.3 The Client shall provide Pelatis Online Ltd with such information, cooperation, assistance and access to the pertinent information, at the Client’s cost, as Pelatis Online Ltd may reasonably require in connection with the provision of the Consultancy Services. Pelatis Online Ltd will not be responsible for any delays as a result of the Client’s breach of this Clause. For example if the Client delays giving Pelatis Online Ltd access to the relevant information required for Pelatis Online Ltd to perform the Consultancy Services then delays or changes to dates previously agreed may be unavoidable.
3.4 APPOINTMENTS & MEETINGS
Pelatis Online Ltd is a knowledge company. Knowledge and information transfer is our fundamental product and process.
Appointments may be scheduled for fact finding, discussion of strategic approach, feedback or recommendations. All appointments or meetings that are for the purposes of information or knowledge transfer are subject to being charged at the consultancy rate, minimum charge of one hour.
Waiver of any applicable fees is entirely at the discretion of the directors.
No-show or abandoned appointments. Notice of a minimum of one working day is required for cancellation or rescheduling of appointments. Where no notice is provided the full rate for the service scheduled (e.g. a training day or evaluation feedback session) will be charged or for meetings the minimum consultancy rate will apply. This will be invoiced and is due for immediate payment.
We reserve the right to impose arrangement or administration fees for repeated rescheduling or cancellation.
3.5 Neither party shall be liable for any breach of its obligations under this Agreement due to any cause beyond its reasonable control (“force majeure”) provided the party concerned has acted reasonably and prudently to prevent and to minimise the effect of such causes. For the avoidance of doubt where the Client suffers a force majeure event, the Client shall still be liable to pay any Fees which become due and payable for Consultancy Services provided by Pelatis Online Ltd during the event of force majeure and where Pelatis Online Ltd suffers a force majeure event, the Client shall not be liable to pay for any Consultancy Services not provided by Pelatis Online Ltd. Should an event of force majeure continue without interruption for 3 months or more, then either party may by notice to the other, cancel this Agreement without incurring any liability for any resulting loss or damage.
- CLIENT’S INSTRUCTIONS
4.1 If Consultancy Services are carried out to a specification, design or other instruction supplied by the Client or any third party on the Client’s behalf then:
(i) the Client will be solely responsible for the suitability and accuracy of such specification, design or other instruction; and
(ii) the Client warrants to Pelatis Online Ltd that Pelatis Online Ltd’ use of, or its acting upon, such specification, design or other instruction will not infringe any rights of any third party;
(iii) the Client will reimburse Pelatis Online Ltd for any loss damage or expense Pelatis Online Ltd may incur as a result of any claim made against Pelatis Online Ltd in relation to such specification, design or other instruction and/or Pelatis Online Ltd’ use of it, including any compensation paid to a third party and Pelatis Online Ltd associated legal costs.
5.1 The Client undertakes that it will at all times provide a safe environment for any of Pelatis Online Ltd’ employees, agents or sub-contractors who pursuant to providing the Consultancy Services attend their premises or any other premises which are under the Client’s ownership and/or control. The Client will comply with all statutory or other regulations and codes of practice in connection with such premises.
5.2 Where the provision of the Consultancy Services involves Pelatis Online Ltd working on or with any materials provided by the Client, it is a fundamental condition of this Agreement that the Client shall ensure that such hardware, equipment or other materials shall not present either on their own or when handled in any manner which should be reasonably anticipated by the Client, any hazardous situation whether to Pelatis Online Ltd, its employees, agents or sub-contractors, or otherwise. In particular the Client shall immediately inform Pelatis Online Ltd of any suspected hazard including but not Ltd to those of a radioactive, explosive, toxic, carcinogenic, biological environmental or other nature. If any such hazards are identified during the course of the provision of the Consultancy Services Pelatis Online Ltd reserves the right to terminate this Agreement immediately. Any costs or expenses incurred by Pelatis Online Ltd up to the date of such termination and all loss or damage resulting from Pelatis Online Ltd exposure to any such hazard (including the Fees for any Consultancy Services provided up to the time of termination) shall be payable by the Client.
5.3 The Client will reimburse Pelatis Online Ltd and Pelatis Online Ltd’ employees, agents and sub-contractors, in respect of any loss, damage, expense, claim or injury it may suffer as a result of any breach of this Clause 5.
6.1 Each party shall keep strictly confidential all information concerning the business of the other party (including any trade secrets and Intellectual Property Rights (patents, trade marks, registered designs and applications for same, copyright, design rights, knowledge and know-how, techniques, professional or proprietary practices, trade and business names and any other similar protected rights in any country) received from or on behalf of the other party, or otherwise relating to this Agreement, and in each case which is of a secret or confidential nature (“Confidential Information”).
6.2 Each party undertakes to only use the other party’s Confidential Information for the purposes envisaged by this Agreement. Pelatis Online Ltd shall only disclose the Client’s confidential information to such of its employees, agents and sub-contractors who have a reasonable need to know the same, and who are subject to a written equivalent obligation of confidentiality.
6.3 The obligations of confidence contained in this Clause 6 shall not apply to any Confidential Information that the recipient party can reasonably prove
(i) was in the public domain at the time of disclosure;
(ii) was lawfully in its possession and was not acquired directly or indirectly from the other party or from a third party under an obligation of confidence (directly or indirectly) to the other party;
(iii) is or becomes public knowledge by act or acts other than those of such party; and/or
(iv) is required to be disclosed by law.
7.1 This Agreement shall automatically terminate upon the complete delivery of the Consultancy Services and/or Deliverables as set out on the Proposal.
7.2 This Agreement may be terminated for cause by either party in the following circumstances, with immediate effect, from the date of service on the other of written notice if the other party is in breach of any material obligation under this agreement and, if the breach is capable of remedy, that party has failed to remedy such breach within 28 days of receipt of notice so to do.
7.3 Where the Client is an individual or consumer, Pelatis Online Ltd may terminate this Agreement immediately if a bankruptcy order is made against them (or any of them)
7.4 Either party may terminate this Agreement if (i) an order is made or a resolution is passed for the winding up of the other party; or (ii) an administrator is appointed to manage the affairs, business and property of the other party; or (iii) a receiver is appointed of any of the other party’s assets or undertaking or (iv) the other party makes any arrangement or composition with its creditors or makes an application to a court of competent jurisdiction for the protection of its creditors in any way.
7.5 Without prejudice to any other of its rights or remedies, upon termination, the Client shall immediately pay the Fees for Consultancy Services performed up to the time of termination provided that any Deliverables completed, or part completed or evidence and/or content of progress of consultancy activities will be provided to the Client.
- FEES AND PAYMENT
The Fees shall be calculated as set out in the Proposal, and, if not set out on the Proposal, calculated in accordance with Pelatis Online Ltd’ then current rates.
8.1 Unless otherwise agreed by Pelatis Online Ltd in writing, invoices shall be rendered at Pelatis Online Ltd’s discretion either on completion of the Consultancy Services or at intervals during the performance of the Consultancy Services.
8.2 Invoices are payable by the date for payment as set out on that invoice.
8.3 Without prejudice to any other rights of Pelatis Online Ltd, in the event that the Client/Account Client is in breach of any of the payment terms contained in this Agreement Pelatis Online Ltd reserves the right to charge interest upon the sum outstanding and overdue for more than thirty days at 8 per cent above Barclays Bank Plc base rate per annum calculated from the due date for payment until the date of actual payment.
8.4 Consultancy services other than monthly maintenance or management services are subject to advance payment of 30% of the project fee charged. This includes (but is not limite to) fees for set-up, initialisation, research or review, authoring or similar. Advance charging of deposits are at the discretion of Pelatis Online Ltd.
8.5 Where monthly management consultancy activities are supplied, monthly management fees will be paid by regular invoice, standing order or direct debit to Pelatis Online Ltd. By the Client agreeing to a monthly management payment scheme the Client is committing to paying the whole fee due for the full period of the contract, usually one year. The Management agreement period is not subject to cancellation once the Client has accepted and the management period has begun. Non-payment or late payment of monthly management fees will result in the full amount becoming due unless by prior arrangement and agreement in writing.
8.6 Unless by prior arrangement prices are always quoted and invoiced in GBP (£ Sterling). Currency exchange rates on the day of invoicing apply.
8.7 Non-payment will result in debt recovery action being taken against the Client for the outstanding amount. The client will repay the outstanding amount to Pelatis Online Ltd within 14 days of receiving the invoice for the outstanding amount. The Client will pay a late payment fee of £40.
8.8 Without prejudice to any other rights Pelatis Online Ltd may have, Pelatis Online Ltd may suspend its performance of the Consultancy Services during any period in which any invoices or other payments due under this Agreement remain overdue including any interest payable thereon.
9.1 Pelatis Online Ltd warrants that (subject to the other provisions of this Agreement) it will use reasonable skill and care in providing the Consultancy Services.
9.2 If the performance of the Consultancy Services do not conform with the warranty in Clause 9.1 Pelatis Online Ltd
shall at its option either: (i) promptly carry out such Consultancy Services to the correct standard or (ii) refund the price of the applicable at the pro rata amount of the Fees. Such remedy will only be available to the Client if it reports the non-conformity with the warranty to Pelatis Online Ltd within 1 month of receipt of the Service and Deliverables.
9.3 If Pelatis Online Ltd complies with Clause 9.2 it shall have no further liability for a breach of the warranty in Clause 9.1 in respect of such Consultancy Services. If the Client does not report the breach of the warranty within the time limit in Clause 9.2 it shall have no remedy.
9.4 All warranties, conditions and other terms implied by statute or common law (save as expressly provided in this Agreement and for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from this Agreement.
9.5 Any re-supplied Consultancy Services under Clause 9.2 will be warranted on these terms.
10.1 Pelatis Online Ltd accepts liability for any loss or damage to private property, death or personal injury caused by the Consultancy Services supplied, the negligence or deliberate misconduct of Pelatis Online Ltd, or any employees acting on Pelatis Online Ltd’ behalf, provided, however that in all cases Pelatis Online Ltd’ liability for losses suffered by the Client shall be assessed as set out in clauses 10.2, 10.3 and 10.4 below.
10.2The World Wide Web is independent of Pelatis Online Ltd. The Clients use of the World Wide Web for business, trade or other purposes is beyond the control of Pelatis Online Ltd and is solely at the Client’s own risk and subject to all applicable national and international laws and regulations. Pelatis Online Ltd shall have no liability for any information or service obtained on the World Wide Web, or for gains or losses incurred by virtue of the Clients online activities.
10.3 In any event Pelatis Online Ltd’ total liability to the Client shall not exceed the contract value.
10.4 In claiming against Pelatis Online Ltd for any such losses, the Client is expected to have acted reasonably, for example, with regard to:
(i) how the losses were accrued – including steps taken to mitigate or to avoid losses occurring; &
(ii) taking reasonable precautions to avoid loss (such as contacting Pelatis Online Ltd promptly upon becoming aware of an issue).
(iii) having reasonable expectations of the outcomes or performance from any undertaking resulting from consultancy services provided.
11.1 Sub-contracting: Pelatis Online Ltd reserves the right to sub-contract the provision of the whole or part of any Consultancy Services required under this Agreement in whole or in part where specific expertise is required for the provision of such services and provided that the subcontract occurs without negatively affecting the provision of the Consultancy Services and Deliverables and the rights and remedies of the Client under the Agreement.
11.2 Assignment: Neither party may assign, transfer, or otherwise dispose of its rights or obligations under this Agreement without the prior written consent of the other party (not to be unreasonably withheld or delayed).
11.3 Modification: No variation or modification of this Agreement (including any specification of the Consultancy Services) shall be valid unless in writing and signed by both parties.
11.4 No Waiver: The failure of either party to require the performance of any of the terms of this Agreement or the waiver by either party of any default under this Agreement will not prevent a subsequent enforcement of such term, nor be deemed a waiver of any subsequent breach.
11.5 Severability: Should any provision of this Agreement be declared invalid for any reason, such decision will not affect the validity of any remaining provisions which will remain in force and effect. In any such event, the parties will negotiate in good faith to replace the invalid provision with an equivalent economic provision.
11.6 Status of the Parties: Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture of any kind between the parties or to authorise either party to act as agent for the other and neither party shall have authority to act in the name or on behalf of or otherwise bind the other in any way.
11.7 No Set Off: The Client shall pay all Fees to Pelatis Online Ltd
in full (without deduction or withholding more than a reasonable and proportionate amount except as required by law and the Client shall not be entitled to assert any credit, set-off or counterclaim against Pelatis Online Ltd to justify withholding payment of more than a reasonable and proportionate amount of any such amount, in whole or in part).
11.8 Third Parties: Nothing in this Agreement will be construed as conferring any rights on any person that is not a Party to this Agreement, whether under The Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.9 Notices: Any notices should be in writing and should be made by hand, by recorded delivery or by email or fax (for notices sent by email a supporting physical copy must be sent on the same day by post) to such numbers as the parties may specify from time to time. Notices sent by hand, by fax or by recorded delivery post will be treated as having been received on the working day after the day upon which they were sent. Proof of fax transmission and of successful far-end receipt must be kept. Emails will only be treated as having been received when a non-automated response is obtained from the email recipient.
11.10 Entire Agreement: This Agreement constitutes the entire agreement and supersedes all previous verbal or written proposals and agreements between the Parties relating to the Consultancy Services. The Client shall have no remedy, and Pelatis Online Ltd shall have no liability, in respect of any statement whether written or oral made to it upon which it relied in entering into this Agreement unless such statement was made by Pelatis Online Ltd knowing that it was untrue or it was a statement as to a fundamental matter under the Agreement
11.11 Governing Law: This Agreement, all matters regarding the interpretation or enforcement of it, and any other matters or disputes arising in connection with it or its subject matter, including the Consultancy Services shall be governed by the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts in England and Wales.
Terms and Conditions for the provision of training
Pelatis Online Ltd
Registered address(not for correspondence):
6 HIGH STREET
Registered in England and Wales Nº 08804617
- APPLICATION of THESE TERMS
These Terms and Conditions will govern the provision of any Internet Marketing Training, sessions, workshops, educational programmes or courses, speeches or presentations at seminars or conferences or otherwise to equivalent effect by Pelatis Online Ltd, its personnel or representatives, to you and you agree to be bound by these Conditions.
“Account Client” means an individual(s), training provider or company, business or other organisation who, at the sole discretion of Pelatis Online Ltd, is permitted to open an account with Pelatis Online Ltd and settle payment for any course provided in accordance with Clause 4(B).”Client” means an individual(s), training provider or company, business or other organisation to whom a Course is provided under these Terms and Conditions who is not an Account Client.”The Contract” means the agreement between a Client/Account Client and Pelatis Online Ltd relating to the Course provision, the Terms and Conditions, the Course Fee and any subsequent changes thereto as notified by Pelatis Online Ltd in writing
“Course” means one (or more) of the training sessions, workshops, educational programmes or courses, speeches or presentations at seminars or conferences or otherwise, full details of which are provided on the web site under the heading [Internet Marketing Training and Seminars and Conferences Workshops] or as supplied to the Client/Account Client separately in writing.
“Course Fee” the total cost of the Course including where applicable any travelling costs or other expenses incurred if the Course is not held on Pelatis Online Ltd premises solely as a result of that course.
“Equipment” means any computers, laptops, servers, networks, internet broadband, wireless or other connections, other computer associated equipment or presentation equipment, teaching aids, props or other tools, used or supplied for the purpose of the course, owned or appropriated by Pelatis Online Ltd and accessed or used by a Client/Account Client during a Course.
- BOOKING TERMS
Client course bookings may be made in person, by post, telephone or via email and places held provisionally for 5 days. Confirmation of a place on any Course will be made upon receipt by of a Client’s deposit. Confirmation together with course information will normally be sent to the client by email. Pelatis Online Ltd reserves the right to change the content or detail of any Course without notification. Pelatis Online Ltd shall be entitled to refuse to admit any Client to a Course if payment has not been received in full. Account Clients’ bookings are accepted on receipt of a purchase order.
- PAYMENT TERMS
Clients should pay a 50% deposit to Pelatis Online Ltd when booking Courses and the balance or full Course Fee must be paid at least 7 days before the Course commencement date.
(B) Account Clients
Account Clients will be invoiced by Pelatis Online Ltd after the completion of a Course and such invoice(s) must be paid in full by the Account Client within 14 days of the date of the said invoice. Unless by prior arrangement prices are always quoted and invoiced in GBP (£ Sterling). Currency exchange rates on the day of invoicing apply.
In the event of a cancellation within 7 days of the confirmed course date no refund will be given, or in the case of an Account client, invoices for the course shall remain properly due and owing and shall be paid by the Client to Pelatis Online Ltd within 14 days of the relevant Course Date.
Cancellation within 21 days in advance of the date of the course shall incur an administrative fee of 25% of the full course fees.
Additionally, any expenses specifically incurred as a result of, or relating to the course booking will also be due: for example, non-refundable portions of hotel accommodation, training room or equipment hire reservations, flight or train tickets required to travel to the course venue, preparation or duplication of course notes, and any other up-front expenditure.
Notification of cancellations must be received in writing or by email by Pelatis Online Ltd.
Pelatis Online Ltd reserves the right to cancel any Course. Cancellations will be advised whenever possible at least 5 days prior to the Course date and alternative dates offered. In the case of cancellation by Pelatis Online Ltd
a full refund will be given.
Delegates may be substituted at the discretion of Pelatis Online Ltd. We reserve the right to make a supplementary or administrative charge for substitution of any delegate.
Without prejudice to any other rights of Pelatis Online Ltd, in the event that the Account Client is in breach of any of the payment terms contained in this Agreement Pelatis Online Ltd reserves the right to charge interest upon the sum outstanding and overdue for more than thirty days at 8 per cent above Barclays Bank Plc base rate per annum calculated from the due date for payment until the date of actual payment.
The Client/Account Client agrees to indemnify Pelatis Online Ltd in respect of all costs, interest, damages, losses and other charges (including legal costs) incurred by Pelatis Online Ltd as a result of the non-attendance of a Course where prior notice has not been given in accordance with clause 5 or where any damage is caused by the Client/Account Client to any of the Equipment. Except in respect of death or personal injury caused by Pelatis Online Ltd’ negligence Pelatis Online Ltd shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss, which shall include, but shall not be limited to loss of profit or any damages, costs, expenses or other claims (whether caused by the negligence of Pelatis Online Ltd, its employees or otherwise) which arise out of or in connection with the provision of Course(s).
- Pelatis Online Ltd’ OBLIGATIONS
Pelatis Online Ltd will endeavour to provide the training set out in the details of the Course outline description with all reasonable care and skill. The Client/Account Client will supply any necessary Equipment unless otherwise agreed. All Course materials will be supplied on the day of the Course, the cost of which is included in the Course Fee. If Pelatis Online Ltd is prevented from complying with its obligations under these terms and conditions due to circumstances beyond its control, Pelatis Online Ltd shall immediately inform the Client/Account Client of such difficulties and shall not be liable in such case for any losses, consequential or otherwise, incurred.
- THE CLIENT’s / ACCOUNT CLIENT’s OBLIGATIONS
In addition to the obligations contained in this Agreement regarding booking, payment terms and cancellation rights, the Client/Account Client hereby accepts that it is in the interests of Pelatis Online Ltd to ensure the retention of any Trainers/course providers acting on behalf of Pelatis Online Ltd and therefore agrees that during the continuance of this Agreement and for a period of 6 months thereafter no Client/Account Client or any individual, firm or company acting in conjunction with them shall solicit or endeavour to solicit the services of any Trainer or course provider who is employed or retained by Pelatis Online Ltd without first obtaining the prior written consent of Pelatis Online Ltd.
No whole or partial waiver of any breach of the Terms and Conditions shall be held to be a waiver of any other or any subsequent breach.
- DATA PROTECTION
Pelatis Online Ltd may hold information provided by Clients/Account Clients on a computer system and will do so in accordance with the Data Protection Act 1998. Pelatis Online Ltd will to provide a copy of such information relevant to a particular Client/Account Client upon receipt of a cheque made payable to Pelatis Online Ltd for £25.00 in respect of an administration fee in this regard.
The Client/Account Client will not assign, transfer or otherwise dispose of its rights to any third party the benefit/burden of this Contract without the prior written consent of Pelatis Online Ltd. Pelatis Online Ltd reserves the right to assign, transfer or otherwise dispose of its rights or obligations under the Contract.
- ENTIRE AGREEMENT
The Contract is the complete and exclusive statement of the terms agreed between the parties relating to the provision by Pelatis Online Ltd of one (or more) of the Courses which supersedes all previous communications, agreements and other arrangements, written or oral and it is expressly agreed that no other terms or conditions were in the contemplation of the parties when entering into the Contract and that no variation of the Contract shall be effective unless in writing and signed by both parties.
- APPLICABLE LAW
The Contract shall be construed in accordance with and governed by the laws of England Wales and both parties hereby irrevocably agree that the Courts of England and Wales shall have non-exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to the Contract or any alleged breach of it.