Training & Certification Course Bookings
Terms & Conditions in PDF
- INTRODUCTION
- A copy of these Terms and all other documents which apply to the Customer’s purchase of training are available for the Customer to read at Terms & Conditions
- If the Customer is a consumer (i.e. not purchasing the Training in the course of business, trade or profession, herein “consumer”) then nothing in these Terms will affect its statutory rights. If the Customer has any questions or complaints about the Training, please contact SureSkills by email to hello at SureSkills or by calling your designated account manager in any of our offices.
- DEFINITION AND INTERPRETATION
In these Terms, unless the context otherwise requires, the following expressions shall have the following meanings: Acknowledgement E-mail has the meaning assigned to it at clause 3.3.
Agreement refers to a contract between the Customer and SureSkills for the purchase of Training or Training Services or ancillary items (exams, books etc), on the terms set out in the Booking Form and incorporating these Terms.
Booking Form refers to the Training Booking Form, in each case submitted by the Customer to SureSkills containing the details of the Customer and the Delegate(s) (if applicable), including contact details, billing information, as well as the Training requested.
SureSkills refers to SureSkills Limited entity stated in the Booking Form sent to you by email.
Business Day refers to a day other than a Saturday, Sunday or public holiday in Territory.
Training Card refers to a pre-paid purchase of Training, but the client has not specified their preferred training course, venue, modality or date of training.
Training Cards Expiry Date refers to the date that the Training Card credit expires.
Charges refers to the charges payable by the Customer for the Training in accordance with clause 6 (Charges and Payment).
Consumer has the meaning assigned to it at clause 1.2.
Course Confirmation E-mail has the meaning assigned to it at clause 3.4.
A Customer refers to the person who is purchasing the Training from SureSkills.
Delegate(s) refers to the individual(s) attending the Training, which may be the Customer.
On-site and In-House Training refers to training that is conducted for the Customer online or at a physical location of the Customer’s choice (and accepted by SureSkills), and the training will be for a minimum number of Delegates.
On-site In-House Training Booking Form refers to the hard-copy or soft-copy document (also referred to as a ‘proposal’) for booking In-House Training.
Public Schedule Training refers to training that is available to members of the public, including the Customer, either at a physical location or online, as detailed in the description of the Training.
Public Schedule Training Booking Form refers to the electronic document found online for booking Public Training.
Terms refers to these terms and conditions of purchase, together with the SureSkills privacy policy available at www.sureskills.com
Territory refers to the country or territory where SureSkills is established, as set out in the Booking Form or on the https://courses.sureskills.com/ website.
Training refers to training services provided by SureSkills to the Customer, which is conducted either at a physical location or online, books, exams and ancillary items.
Training Materials refers to any materials or documents provided or loaned by SureSkills to the Delegate(s), and includes both hard copies, soft copies and downloadable soft copy materials.
- MAKING A BOOKING
- After the Customer has either accepted a proposal or has submitted a booking request by phone, online form or email, SureSkills will acknowledge receipt by e-mail, which will contain key information about the relevant Training (the “Booking form”).
- Acceptance of Booking.
- Once a Booking is accepted, an email (at an interval that is appropriate) will be sent by SureSkills to the Customer, containing details of the Training including Training date(s) and time, instructions on how the Delegate(s) will attend the Training, and any other information that may be necessary, which will form part of the Agreement (“Course Confirmation E-mail”).
- Once SureSkills has sent the Course Confirmation E-mail, a legally binding contract will be formed between SureSkills and the Customer and SureSkills will be required to provide the Training.
- Late Availability bookings can be placed up to one day before the course start subject to acceptance being confirmed by email and the availability of materials. Late availability pricing is not available with any other offer(s). Prices and bookings are not transferable or open to cancellation in any circumstances.
- SUPPLY OF THE TRAINING
- SureSkills shall use reasonable endeavours to supply the Training to the Delegate(s) in accordance with these Terms in all material respects but reserves the right to change the content of any Training or Training Materials at any time and without notice.
- SureSkills shall use reasonable endeavours to meet any specified training dates, but any such dates are subject to change.
- SureSkills reserves the right to cancel or postpone the Training at any time, without incurring additional liability to the Customer. Unless the Customer agrees to the proposed dates for the postponed Training, if SureSkills is not able to supply the Training on the agreed date it shall notify the Customer, cancel the booking and offer (at SureSkills’ sole discretion) a full refund or a credit note.
- TRAINING CARDS
- Training Cards are valid for 12 months and are nontransferable, non-refundable, and non-cancellable under any circumstances.
- Training Cards must be paid upfront fully prior to attending any course.
- CUSTOMER'S OBLIGATIONS
- The Customer shall:
- provide reasonable co-operation with SureSkills in all matters relating to the Training; and provide SureSkills, its employees, agents, consultants and subcontractors, with any information which may be required by SureSkills in the organisation of the Training, including, but not limited to, details in respect of the Delegate(s) and ensuring that such information is complete and accurate in all material respects.
- Without the express written permission from SureSkills, the Customer shall not, and, where applicable, shall ensure that the Delegate(s) does not:
- record the Training in any way;
- reproduce, scan or copy, alter, modify, translate (in each case, whether in whole or in part) the Training Materials except for the sole purpose of completing the Training; or
- permit the Training Materials (whether in whole or in part) to be reproduced, scanned, copied, combined with or become incorporated into any other materials.
- For Training delivered online, the Customer shall ensure that it or, if applicable, the Delegate(s):
- is able to meet the basic technical system requirements for hardware and software as may be prescribed by SureSkills from time to time; and
- does not upload any content that infringes upon the rights of third parties, are in contravention of applicable law, or would lead to SureSkills being in contravention of applicable law.
- Where Training is being delivered at the Customer’s (or, if applicable, a Delegate’s) premises, the Customer (or, if applicable, the Delegate) shall provide SureSkills with: (a) access, training space and any equipment necessary for the delivery of the Training; and (b) such facilities as are reasonably notified to the Customer (or, if applicable, the Delegate) in advance.
- CHARGES AND PAYMENT
- The Customer shall pay any invoice issued by SureSkills within 30 calendar days of the date of the invoice or prior to the Training taking place whichever is earlier, to a bank account provided on the invoice by SureSkills. For Bookings completed online, the Customer shall make payment in accordance with the directions provided on the website to SureSkills, in the absence of which payment shall be made within 30 calendar days of the date of the invoice or prior to the Training taking place whichever is earlier.
- Notwithstanding clause 6.1, where the Booking is made less than 7 calendar days away from the date of Training, payment is due immediately.
- Failure by the Customer to pay any Charges when they fall due may (at SureSkills' discretion) result in:
- the allocation of the Delegate’s place in the Training to others;
- SureSkills cancelling its Agreement with the Customer to provide the Training without incurring any liability; and/or if the training has already been delivered to the Delegate(s), SureSkills withholding certifications that are due to the Customer having completed the Training.
- Without prejudice to any other right or remedy that it may have, if the Customer fails to pay SureSkills any sum due under this Agreement on the due date the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgement. Interest under this clause will accrue each day at 4% a year or the highest rate allowed under the law, whichever is lower.
- All sums payable to SureSkills under this Agreement:
- are exclusive of goods and services tax, sales and services tax, value-added tax, and other like taxes (but not including such taxes levied on SureSkills as corporate income taxes), and the Customer shall in addition pay an amount equal to any taxes chargeable on those sums; and shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- Whilst SureSkills takes reasonable care and skill to ensure that the prices of the Training are correct, mistakes may sometimes be made. If a mistake is discovered in the price of the Training that has been booked by the Customer, SureSkills will notify the Customer and the Customer may either (a) reconfirm the booking at the correct price, or (b) cancel the booking. In this instance, if SureSkills notifies the Customer and does not receive a response, the booking will be cancelled.
- EXAMINATIONS
- Every examination issuing authority has a separate set of fees, charges and cancellation criteria. Please make your self familiar with these - as they are outside of SureSkills control and failure to understand them is likely to cost a Customer lost booking fees or additional charges. See cancellations 7.0 below.
- All delegates sitting an examination whereby a pre-requisite qualification is required, or photo identification, will be obliged to provide appropriate evidence in advance of taking the exam. Note that it is the delegates’ responsibility to provide the required documents or evidence
- Accordingly, SureSkills requires all delegates to have the required documents. Delegates who fail to do so will NOT be able to sit the exam and SureSkills accepts no responsibility for this. No refunds will be given and full payment will be due. For details of any id or certification pre-requisites associated with your chosen course please refer to the pre-requisite tab on the course page of the website. If you need help or further clarification, please contact your account manager or email trainingoperations at sureskills dot com and we will be happy to assist you.
- CANCELLATION
- If the Customer wishes to cancel the Training, the Customer must inform SureSkills of its decision to cancel the Training by a clear statement sent by e-mail, which shall include the Customer’s name, address, training name, training date, and other such detail as relevant in order for SureSkills to determine the relevant booking information.
- SureSkills reserves the right to cancel, curtail or re-schedule training courses or events, in which case it shall use all reasonable endeavours to notify the Customer. In the event of cancellation, SureSkills shall refund the course fees which the Customer has already paid in advance in relation to the cancelled course.
- If the Customer is an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft, or profession, then the Customer may cancel an Agreement without any liability within fourteen (14) days of the date of that Agreement provided that provision of the Services have not commenced.
- The cancellation and/or re-scheduling fees set out below shall apply in the event a course (or the Customer's attendance at a course) is cancelled or rescheduled at the Customer's request. The Company may issue a supplementary fee invoice to the Customer for such cancellation and/or re-scheduling fees and the Customer shall make full payment to SureSkills within fifteen (15) Working Days of the date of that invoice:
Date of Cancellation/Rescheduling
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Cancellation Fee Payable
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Rescheduling Fee Payable
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8.4.1
More than 15 clear Working Days prior to the start of the course
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0%
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25%
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8.4.2
15-10 clear Working Days prior to the start of the course
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50%
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25%
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8.4.3
Fewer than ten (10) Working Days prior to the start of the course, or a Late Availability Course booking.
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100%
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75%
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Late Availability course bookings are priced lower – the fee quoted is fully payable on booking.
Late Availability bookings can be placed up to one day before the course start subject to acceptance being confirmed by email and the availability of materials.
Late availability pricing is not available with any other offer(s). Prices and bookings are not transferable in any circumstances.
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EXAMS NB: Every examination issuing authority has a separate set of fees, charges and cancellation criteria. Please make yourself familiar with these - as they are outside of SureSkills control and failure to understand them is likely to cost a Customer lost booking fees or additional charges.
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- The Customer may substitute course participants by written notification to SureSkills provided that such substitute participants comply with all course requirements (including pre-requisites and pre-course reading) as notified by SureSkills to the Customer, or as detailed in the course outline or Joining Instructions.
- If the Customer is exercising its right to cancel the Training in accordance with clause 8, SureSkills may deduct from any refund an amount for the supply of the Training for the period for which it was supplied, ending with the time when the Customer notified SureSkills of its wish to cancel. The amount deducted will be in proportion to the Training already provided, in comparison with the full Training agreed to be provided. Where Training Materials have been sent to the Delegate(s) for Training delivered online, the Training may not be rescheduled and the Charges for such Training is non-refundable.
- Consumer Cancellation Rights. This clause applies only to a Customer who is also a consumer (i.e. not purchasing the Training in the course of business, trade or profession):
- The Customer has a right to free cancel its order for the Training within 14 calendar days of confirming the order without giving any reason. The free cancellation period will expire after 14 calendar days from the date on which the Course Confirmation E-mail was received.
- If the Customer decides to cancel the Training in accordance with clause 7.4(a), SureSkills will reimburse the Customer for all Charges which SureSkills has received from the Customer in relation to such Training. However, if the Customer has booked the Training to begin during the 14 day cancellation period and later decides to cancel, the Customer shall be liable to pay for the full costs of the Training.
- To meet the cancellation deadline, it is sufficient for the Customer to send its notice of cancellation before the cancellation period has expired. If the Customer sends SureSkills a notice of cancellation by post, SureSkills advises the Customer to keep proof of postage.
- SureSkills will make the reimbursement without undue delay, and no later than 14 calendar days after the day on which SureSkills are informed about the Customer’s decision to cancel the booking, or 30 calendar days after the date SureSkills receives back from the Customer any Training Materials supplied to the Customer, whichever is later.
- SureSkills will make the reimbursement using the same means of payment as the Customer used for the initial transaction, and unless the Customer has expressly agreed otherwise, the Customer will not incur any fees as a result of the reimbursement. SureSkills may withhold reimbursement until it has received any Training Materials back or the Customer has supplied evidence of having sent the Training Materials back, whichever is the earliest.
- Where a Delegate fails to attend all or part of any Training, full payment of the Charges shall be required and there will be no refunds.
- INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights in or arising out of or in connection with the Training, including any associated Training Materials shall remain the property of SureSkills or its licensor. SureSkills grants the Delegates a perpetual, non-exclusive, non-transferable royalty-free licence to use the Training Materials solely for the purpose of receiving the Training and personal academic use. The Customer shall not, and shall ensure that the Delegate(s) does not, in respect of the Training Materials: (a) commercially exploit it, (b) sublicense it to any third party, or (c) use it for the benefit of any other persons.
- As between the parties, the Customer shall own all right, title and interest in and to all of the Customer’s data.
- For purposes of this clause 0, “intellectual property rights” means patents, trademarks, trade names, design rights, copyright, confidential information, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for the grant of any of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which shall subsist anywhere in the world.
- DATA PROTECTION
- SureSkills processes and stores the Customer’s personal data in accordance with SureSkills’ privacy policy at https://www.sureskills.com/
- LIMITATION OF LIABILITY
- Nothing in this Agreement limits or exclude, liability for:
- death or personal injury caused by SureSkills’ negligence;
- fraud or fraudulent misrepresentation; and
- any liability which cannot legally be limited or excluded.
- Subject to clause 10.1, SureSkills shall only be liable to the Customer for losses which the Customer suffers as a direct result of SureSkills’ breach of these Terms and which are reasonably foreseeable. A loss is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both SureSkills and the Customer knew it might happen, for example, if the Customer discussed it with SureSkills during the sales process. SureSkills shall not be liable for any other losses.
- Subject to clause 10.1, SureSkills’ liability to the Customer (for all claims in aggregate) for claims made in contract (including under any indemnity or warranty), in tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement shall not exceed the total Charges paid or payable by the Customer for the Training.
- If the Customer is not a consumer (i.e. purchasing the Training in the course of business, trade or profession), SureSkills shall not have any liability to the Customer, whether in contract (including under any indemnity or warranty), in tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for: (a) loss of profit; (b) loss of revenue; (c) loss of anticipated savings; (d) loss, destruction or corruption of data; (e) loss of contract, business or opportunity; (f) loss of opportunity, goodwill or reputation; (g) business interruption; (h) wasted expenditure; and (i) any indirect or consequential loss or damage of any kind howsoever arising.
- This clause 10 shall survive termination of the Agreement.
- CONFIDENTIALITY
- Each party may be given access to confidential information from the other party in order to perform its obligations under the Agreement. A party’s confidential information shall not be deemed to include information that:
- is or becomes publicly known other than through any act or omission of the receiving party;
- was in the other party's lawful possession before the disclosure;
- is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
- is independently developed by the other party, which independent development can be shown by written evidence.
- Subject to clause 10.3, each party shall hold the other's confidential information in confidence and not make the other's confidential information available to any third party, or use the other's confidential information for any purpose other than the implementation of the Agreement.
- A party may disclose confidential information to the extent such confidential information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 10.3, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.
- The Customer acknowledges that its information may be used by SureSkills on an anonymous basis including without limitation compiling and publishing reports.
- The above provisions of this clause 11 shall survive termination of the Agreement, however arising.
- TERMINATION
- SureSkills may terminate the Agreement immediately in the following circumstances:
- the Customer does not, within a reasonable time of SureSkills requesting, provide SureSkills with information that is necessary to provide the Training;
- the Customer commits a material breach of any term of the Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 calendar days after being notified in writing to do so;
- the Customer does not, on the agreed date or timeframe, allow SureSkills to provide the Training;
- the Customer takes any step or action in connection with its entering administration, provisional liquidation, bankruptcy or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
- the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
- the Customer does not, if required, allow SureSkills to access the agreed location for the In-House Training to provide the Training.
- The Customer may terminate the Agreement in the following circumstances:
- if the Training purchased was misdescribed (however, the Customer may alternatively choose to get the Training re-performed or to get some or all of the Charges back);
- if SureSkills has informed the Customer of an upcoming change to the Training or these Terms which the Customer does not agree with (see clause 15.1 (Variation));
- SureSkills has told the Customer about a mistake in the Charges for the Training the Customer has purchased and the Customer does not wish to proceed (see clause 6.6 (Charges and payment));
- there is a risk that performance of the Training may be significantly delayed because of events outside the control of SureSkills; and
- SureSkills has notified the Customer that it has suspended supply of the Training; or
- if it wishes to exercise its right to cancel the Agreement in accordance with clause 7.
- Without affecting any other right or remedy available to it, SureSkills may terminate the Agreement with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Agreement on the due date for payment. If SureSkills terminates the Agreement for this reason, SureSkills will refund any Charges paid in advance where the Training and Training Materials have not been provided, but SureSkills may deduct or charge the Customer reasonable compensation for the net costs incurred by SureSkills as a result of the Customer breaching the terms of the Agreement.
- CONSEQUENCES OF TERMINATION
- Where SureSkills terminates the Agreement in accordance with clause 12.1:
- the Customer shall return, destroy and delete (as applicable) all the Training Materials that had been provided by SureSkills; and
- the licence under clause 9.1 shall terminate.
- On termination or expiry of the Agreement for any reason, any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination of the Agreement shall remain in full force and effect.
- Termination of the Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination.
- FORCE MAJEURE
- SureSkills shall have no liability to the Customer under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of SureSkills or any other party), pandemics or epidemics, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event as soon as practicable, and its expected duration.
- VARIATION
- SureSkills reserves the right to amend the Agreement if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Training. In these circumstances, SureSkills shall notify the Customer and explain the changes. A copy of the updated version of the Terms can be found on the SureSkills website or is available on request from SureSkills.
- Subject to clause 15.1, no variation of the Agreement shall be effective unless it is in writing and signed by SureSkills and the Customer (or their authorised representatives).
- WAIVER
- No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- SEVERANCE
- If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Agreement.
- ENTIRE AGREEMENT
- 18.1 The Agreement shall constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- Each party acknowledges that in entering into the Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement.
- ASSIGNMENT AND SUBCONTRACTING
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- The Customer shall not, without the prior written consent of SureSkills, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement, such consent may be withheld in SureSkills' sole discretion.
- SureSkills may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement.
- NO PARTNERSHIP OR AGENCY
- Nothing in the Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power.
- THIRD PARTY RIGHTS
- The Agreement does not confer any rights on any person or party (other than the parties to the Agreement and, where applicable, their successors and permitted assigns).
- NOTICES
- Any notice required to be given under the Agreement shall be in writing and shall be delivered by hand or sent by post or email to the other party at its address set out in the Booking Form, or such other address as may have been notified by that party for such purposes.
- A correctly addressed notice sent by pre-paid first-class (or equivalent) post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by email shall be deemed to have been received at the time of transmission (as shown by the time sent in respect of an email).
- GOVERNING LAW
- The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Ireland.
Last updated 1st July 2024.