“Agreement” means these terms and conditions and (depending on the type of Training Services) (i) the Booking Form and Maxis’s acceptance of the Booking Form or (ii) the Proposal.
“Booking Form” means the booking form issued to the Client/Student by Maxis or obtained by the Client from Maxis’s website (which is applicable only for standard Training Services).
“Charges” means the charges for the Training Services set out in the Booking Form or the Proposal.
“the Client” means the client identified in the Booking Form or the Proposal.
“Clause” means a clause in these terms and conditions.
“the Date(s) for the Training Services” means the date(s) upon which the Training Services are to take place as set out in the Booking Form or the Proposal.
“Delegates” means the numbers of the Client’s staff who are to receive the Training Services as set out in the Booking Form or the Proposal.
“Expenses” means expenses incurred in respect of travel and accommodation wholly and necessarily for the purposes of the Agreement as may be identified in a Proposal.
“Maxis” means Maxis Healthcare UK Limited or Maxis Healthcare UK Limited or any of it;s subsidiaries or partner companies.
“Personal Data” means the data which relates to a living individual who can be identified from that data or from that data and other information and which is provided to Maxis by the Client.
“Proposal” means the proposal for Training Services accompanying these terms and conditions (which is applicable only for bespoke Training Services).
“the Trainer” or “Course Leader” means the person delivering the Training Services.
“the Training Location” means the place at which the Training Services are to be provided by Maxis as set out in the Booking Form or the Proposal.
“Training Services” means the training services set out in the Booking Form or the Proposal.
2. TRAINING SERVICES AND LOCATION
2.1 Maxis shall provide the Training Services on the Date(s) for the Training Services and in accordance with these terms and conditions.
2.2 Up until 72 hours before the Training Services are due to commence, Maxis may by notice in writing alter the Training Location provided that the new location is within 5 miles of the original location.
3. TRANSFERS, CANCELLATION AND POSTPONEMENT
3.1 If a Delegate identified in a Booking Form or a Proposal wishes to cancel or transfer to another course, the following fees shall be due:
Cancellation & Refund Policy:
More than 4 weeks from start date: All fees refunded on written notice except a sum of £75 pounds for admin charges.
Between 2-4 weeks from start date: 50% of fees will be refunded
Less than 2 weeks from start date: No refund.
Reading List and Bibliography:
We would recommend that you obtain a textbook in Phlebotomy prior to the start of the course.
3.2 A substitute delegate may be provided at no cost.
3.3 Notification of any cancellation or transfer must be made in writing to the Training Manager at Maxis’ registered offices
Delegates shall act reasonably throughout the training. Maxis may remove a Delegate from a course, where, in the opinion of the Trainer, which shall be final, the Delegate is behaving unreasonably.
5. CHARGES AND PAYMENT
5.1 The Charges for Training Services which are subject to a Booking Form shall be due upon booking and shall be paid within 7 days of the date of Maxis’s invoice.
5.2 The Charges for the Training Services which are subject to a Proposal and related Expenses shall be due upon completion of the Training Services and payable within 30 days of the date of Maxis’s invoice.
5.3 The Client shall pay the Charges without deduction or set-off.
5.4 Sums due under this Agreement are exclusive of VAT which shall be payable by the Client.
5.5 In the event the Client fails to make payment in accordance with this Agreement, Maxis may:
5.5.1 charge interest at the statutory interest rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 and amendments thereto per month or part thereof on the unpaid sum for that period the sum remained properly due before and after any court judgement; and/or
5.5.2 by notice in writing suspend supply of the Training Services.
6. LIABILITY AND ITS EXCLUSION AND LIMITATION
6.1 The Charges are determined on the basis of the limits of liability set out in these terms and conditions. The Client may, by written notice to Maxis, request Maxis to propose a higher limit of liability subject to an increase in the Charges.
6.2 Clause 6 sets out the entire liability of and exclusion thereof by Maxis under and/or in connection with this Agreement and in respect of breach of this Agreement or statutory duty, representations, statements or tortious act or omission including negligence.
6.3 In no event shall Maxis be liable for (whether direct or indirect) any loss of contracts, profits, anticipated savings, revenue, goodwill, business, loss or corruption of data or software programs, financing expenses, interruption in the use or availability of data, stoppage to other work or consequential losses, nor for any indirect losses.
6.4 Subject to Clause 6.5, Maxis’s liability shall not exceed the Charges.
6.5 Maxis and the Client shall indemnify each other against damage to tangible property, whether personal or real, and death or injury to persons to the extent caused by the negligence of the other party provided that:
6.5.1 the other party is immediately notified of any claim and has full power to negotiate and settle any claims;
6.5.2 the total liability of each party to the other for damage to tangible property, whether personal or real, shall be limited to £2,000,000 in respect of each event or connected series of events and an annual aggregate of £5,000,000.
6.6 Each provision of this Clause shall survive independently.
6.7 Nothing in this Agreement shall operate to limit or exclude any liability of Maxis which may not be excluded and or limited by law.
6.8 Clause 6 shall apply before and after any termination of this Agreement.
7. INSURANCE The parties shall carry public liability insurance for a minimum amount of two million pounds for each and every claim and shall provide evidence of this cover upon reasonable request.
8.1 Maxis may make reference to a Client’s contract within any proposal to further Clients, provided only fundamental facts are divulged and not proprietary and confidential information.
8.2 Maxis may store the names of the Delegates for the purpose of advising them of the availability of further courses in the future.
The parties shall treat as and keep confidential all information whether of a technical, commercial or any other nature relating to the other party and shall not, during the period of this Agreement, or at any time after its termination, divulge any such information to any person not authorised by the divulging party to receive it and shall not utilise any secret or confidential knowledge or information acquired in connection with this Agreement to the detriment or prejudice of the other party or use the same for any purposes save for the purposes of this Agreement.
10. DATA PROTECTION
10.1 The Client shall ensure that it has in place all necessary consents in connection with Personal Data to allow Maxis at all times to perform the Training Services without infringing any third party rights. Maxis shall not be liable to perform the Training Services to the extent it is unable to due to a breach of this Clause.
10.2 Maxis warrants to the Client that it will only use the Personal Data for the purpose of carrying out its obligations hereunder and that it will ensure that all reasonable and appropriate security measures are in place to protect the Personal Data and that it will destroy or deliver up the Personal Data upon written demand from the Client, and further, that it has in all respects complied with its obligations under the Data Protection Act 1998 and any amendments to or re-enactments thereof.
11. INTELLECTUAL PROPERTYAll intellectual property rights, including copyright, patents and design arising in connection with this Agreement shall belong to and remain vested in Maxis and the Client shall execute any document necessary for this purpose.
12. WARRANTYMaxis warrants that in carrying out the Training Services it has and will exercise all reasonable skill and care to be expected of a professional, experienced in such work.
13. HEALTH AND SAFETYThe parties shall comply with all applicable health and safety legislation and codes of practice.
14.1 Either party may terminate this Agreement by written notice:
14.1.1 if the other party fails to remedy a material breach of this Agreement within 30 days of written notice identifying the breach and notifying of an intention to terminate; and/or
14.1.2 if the other party makes any voluntary arrangement with its creditors or enters into administration (whether or not pursuant to a court order) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation or is deemed under Section 123 of the Insolvency Act 1986 to be unable to pay its debts or is dissolved; and/or
14.1.3 if an encumbrancer takes possession, or a receiver or administrative receiver is appointed, of any of the property or assets of the other party; and/or
14.1.4 the other party threatens to cease to carry on business.
15. RIGHTS ON TERMINATION
Accrued rights, Clauses 5, 6, 7, 8, 9, 10, 11, 12, 15 and 18 and rights by their nature intended to survive termination of this Agreement, shall survive any termination of this Agreement.
This Agreement is personal to the Client and may not be assigned by the Client in whole or in part.
17. FORCE MAJEURE
Neither party shall be responsible for any failure or delay in performance of its obligations under this Agreement (other than the obligation to make payments of money) due to any force majeure event including, Act of God, refusal of licence (other than as a result of any act or omission of Maxis) or other Government act, fire explosion, embargo, terrorism, civil disturbance, accident, epidemics, lightning damage, electromagnetic interference, radio interference, strikes, industrial dispute, or any other cause beyond its reasonable control.
The Client shall not during the term of this Agreement and for 6 months thereafter, entice or solicit for employment with it or any other entity any Trainer who has been engaged to provide the Training Services.
19. ENTIRE AGREEMENT
This Agreement sets out the entire agreement between the parties in relation to the subject matter hereof and supersedes all previous arrangements, agreements and representations whether written, oral or implied between the Client and Maxis relating to the Training Services.
20. AGREEMENT AMENDMENTS
Any amendments to this Agreement shall be in writing.
21. EFFECTIVENESSThis Agreement shall be effective upon payment received by Maxis or signature of both parties or confirmation either verbally or in witing of the booked course date.
22. THIRD PARTIESThird parties have no rights under the Contracts (Rights of Third Parties) Act 1999 or any amendment to or re-enactment of it to enforce any provision of this Agreement.
This Agreement shall be construed in accordance with English law and the English courts shall have sole jurisdiction.
24. News letters and eLessons:
We will never add your e-mail address to any other mailing lists. Your subscription to Maxis Healthcare UK Limited Newsletter will not result in unsolicited e-mail. We do not rent or sell our e-mail addresses.
From time to time, Maxis Healthcare UK Limited can be approached by (or approaches) third parties who may be interested in contacting our subscribers via snail mail (Normal Post). Perhaps they are in a similar business or have a product to offer that would be of interest to our members. We may provide our mailing list of subscribers to such third parties if we believe our subscribers would be interested in hearing from them. Many of our subscribers would find this a valuable and timesaving service.addresses.
MAXIS HEALTHCARE UK LIMITED