top of page

Business Services Terms & Conditions

These terms and conditions ("Terms") together with our Privacy Policy (detailing our use of your personal information) and our Terms of Website Use tell you information about us and the legal terms and conditions on which we provide our coaching and development products ("Development Products") listed on our website www.actuateglobal.com (our "Website") to you.
 
These Terms apply to your purchasing and booking our Development Products and the participation in them by nominated individuals within your business (the “Individuals”) (the “Contract”). Our Development Products include:
 
•    LMS Access
•    Coaching Packages
•    Writing Services 
•    Analytical Psychometrics
•    Networking Events
 
In addition to any other products or packages that are advertised via our Website and any Development Products that incorporate any of the above.

When purchasing any Development Products on our Website, please click on the button marked “I accept” if you accept these terms.  If you do not accept these terms you will not be able to use the Development Products.

References to "Actuate", "we", "us" and "our" refer to Actuate Global Limited and to "you" and "your" are to you, the customer and, if the context requires, the Individuals. 

When you purchase Development Products by telephone with one of our membership managers they will refer to these Terms as applying to your Development Products.

It is your accountability to ensure that you are aware of the clauses laid out in these Terms.
 
All of our calls are recorded for training and monitoring purposes and further details of this can be found in our Privacy Notice here. There may be occasions when this doesn’t take place, such as system outages or when personal information is being shared with a member of our team.

Should you have any questions please do not hesitate to contact a member of the Actuate Team.
 

1. IMPORTANT TERMS 

  • These Terms constitute the entire agreement between us in relation to your purchase of the Development Products. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

  • We may amend these Terms from time to time.  You should keep a copy of these Terms for future reference.  These Terms are only available in the English language.

  • Please take the time to read these Terms before purchasing any of our Development Products, as they include important terms which apply to you. Please note that by purchasing our Development Products, you agree to be bound by these Terms and the other documents expressly referred to in them.  Before purchasing our Development Products you will be asked to agree to these Terms.  If you do not accept these Terms, you will not be able to purchase the Development Products. ​

    • Clause 8 shall only apply to Writing Services (as defined in clause 9)

    • Clause 10 shall only apply to Coaching Services

    • Clause 11 shall only apply to Analytic Psychometric Services

    • Clause 12 shall only apply to Networking Events

  • Depending on which of the Development Products you purchase, certain clauses in these Terms may not apply as follows:

  • You  have the right to cancel the contract at any time in accordance with these Terms, however in certain circumstances a deduction from any money refunded may be taken.

  • Certain Development Products have timescales during which you must supply information or receive the Development Products and if you do not comply with these timescales you may lose your right to receive a Development Product or any relevant part of it.  

  • We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms.  However, please note that we will not be liable for an amount that exceeds the price of the relevant Development Product and you should pay particular attention to clause 16.

2    INFORMATION ABOUT US

We are Actuate Global Limited, a limited company registered in England and Wales under company number 12458561 and our registered address is at Hollinwood Business Centre, Albert Street, Lancashire, OL8 3QL.

3    CONTACTING US

3.1  If you wish to contact us for any reason, the best way to contact us is by email at clientsuccess@actuateglobal.com, using our Contact Us form on the Website or using our live chat "Help" function on our Website. 
 

3.2   If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us when you purchase any Development Product.
 

3.3  When we use the word ‘writing’ or ‘written’ in these Terms, this includes emails but not fax.

4   REGISTRATION AND CONTRACTING PROCESS - SPECIAL ATTENTION IS DRAW TO THIS CLAUSE

4.1   If you wish to purchase the Development Products, you will be able to do so in different ways, which depends on whether this is done via our Website, or on the telephone. This clause will set out the ways in which you can raise an order (hereafter, the “Order”) for the Development Products:

 

4.1.1   Via our Website – our Website pages will guide you through the steps you need to take to register and raise an Order for our Development Products. When registering on the Website, You need to provide your full name, email address and phone number, you are responsible for ensuring that these details are complete and accurate. After providing this information you will be provided with the option for either:

4.1.1.1  one of our development managers (“Development Managers”) to contact you using the details you have provided and provide you with a proposed Order (in the form of a completed Actuate Contractual Agreement) for your required Development Product; or

4.1.1.2  to raise an Order for the Development Product directly, which shall be followed up with a welcome email from us. 

In either case, when you raise your Order for our Development Products on our Website, you will be required to either:

 

(a)       click the button marked "I Accept", confirming that you accept these Terms and that they will apply to the Order and the subsequent contract; or

 

(b)       sign the Actuate Contractual Agreement confirming your acceptance and that these Terms shall apply to the Order and the subsequent contract.

 

4.1.3 By telephone – you can also register and raise an Order for the Development Products over the phone by calling us on 01925 972460. One of our Development Managers will take you through the process by telephone and you will need to provide the same information a during a Website registration. Once this information has been provided we will provide you with a proposed (Order in the form of a completed Actuate Contractual Agreement) for the required Development Products. When you raise your Order for our Development Products by telephone with one of our Development Managers they will refer to these Terms as applying to the contract for the Development Product.

 

4.1.4  Face to face – one of our Development Managers can meet with you in person at our offices to guide you through the process of registering for and purchasing our Development Products and you will need to provide the same information as during a website registration. We will provide you with a proposed Order (in the form of a completed Actuate Contractual Agreement) for the required Development Products. When you raise your Order for the Development Products through a face to face meeting our Development Manager will provide you with a copy of these Terms and explain how they apply to the Development Product.

 

4.1.5  By Remote Video Call – one of our Development Managers can meet with you via a remote video call or conferencing facility to guide you through the process of registering for and purchase our Development Products.  You will need to provide the same information as during a website registration and we will provide you with a proposed Order (in the form of a completed Actuate Contractual Agreement) for the required Development Products.  When you raise your order for the Development Products through a remote video call our Development Manager will provide you with a copy of these Terms and explain how they apply to the Development Product.

 

4.2    We will, at our discretion, decide whether to provide you with a proposed Order which will only be accepted when we send an email to you containing the Order and each of us signs it. It will be at this point at which a legally binding contract (“Contract”) incorporating these Terms will come into existence between you and us (“Contract Start Date”).

4.3    If we are unable to provide you with a proposed Order, we will inform you of this either in person at the time you initially contact us or otherwise in writing and we will promptly refund any sums that have been paid by you in anticipation of receiving a proposed Order.

4.4    If any of the information which you provided to us changes at any time during the duration of the Contract you must notify us of this fact. At this stage we will assess whether this affects our ability to provide the Development Products, the price or any other matter relating to the Contract.

5 PRICE AND PAYMENT - SPECIAL ATTENTION IS DRAWN TO THIS CLAUSE

5.1      The price of the Development Products (which are subject to VAT) will be the price indicated:

5.1.1  either on the order pages of our Website if you placed your order through our Website; or

5.1.2  advised to you by our Development Manager if you placed your Order by telephone or face to face.

5.2     We use our best efforts to ensure that the price of the Development Product you purchase is correct but from time to time our Development Managers may make mistakes when quoting prices to you by telephone, or our Website may display an error in pricing. If this happens and is due to our genuine mistake we will follow this up and confirm the correct price with you at which point you can either agree to purchase the relevant Development Product at that correct price or not. If you still wish to proceed with the purchase of the Development Product then the Contract shall be concluded with you in accordance with clause 4.2 but if you do not wish to continue with the purchase of the Development Product then no contract shall come into force with you.

5.3    We accept payment by credit or debit card, or bank transfer. You authorise us to charge any Payment Method associated to your account (including, for the avoidance of any doubt, confirming to our payment provider that you agree to us providing your payment details to our provider to pay the price on your behalf). You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not inform us, we may suspend your access to the service until we have successfully charged a valid Payment Method,  this may include collections via an external agency and may incur additional charges.

 

5. 4    If the rate of VAT or any other sales tax changes between your order date and the date we supply the Development Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Development Products in full before the change in the rate of VAT takes effect.

5.5   Unless otherwise agreed in writing by us, the price of the Development Product must be paid on the Contract Start Date  (see clause 4.2) and we will not supply the Development Products until the full price has been paid.  If we have agreed that the price (or any relevant part of it, where we agree to instalment payments) is not paid in full (or, where appropriate, on the relevant due date), then we may delay supplying the Development Product (or, if the Development Product is a course or workshop, prevent you from attending) until it is and we will not be liable to you for any loss you suffer as a result.

 

5.6  If we agree to allow you to pay in instalments and you fail to make payment of a relevant instalment when due then, in addition to our rights set out in clause 5.5, we may deem the Contract to be cancelled by you and:

5.6.1  in the case of the Writing Services, you shall be required to pay the Fees in full,

5.6.2   in the case of the Coaching Services (as defined in clause 10), clause 10.6 and 7 shall apply.

5.6.3   in the case of Event(s) (as defined in clause 12), clause 12.3 shall apply.

5.7     If you do not make any payment to us by the due date you will forfeit any deposit paid and we may (in addition to any other rights we may have) charge interest to you on the overdue amount at the rate of 8% per year above the Bank of England’s base rate plus an additional collection fee. 

5.8       You must pay us interest together with any overdue amount. In the event that there are outstanding sums due to us we may suspend the provision of the Development Products until such time as you have paid us and we will charge a further administration fee of £75 to restore any suspended Development Products. Collections activity also may be taken against any unpaid fees . This may include engaging with an external collections agency to recover any unpaid fees that are due.

5.9   Where we have provided an invoice and you think that an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

 

5.10   You must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6 OUR RIGHT TO VARY THESE TERMS AND THE DEVELOPMENT PRODUCTS

6.1  We may revise these Terms as they apply to the Development Products from time to time to the extent necessary to reflect changes in relevant laws and regulatory requirements and our business practices and procedures, including the technologies and payment methods we use.​

6.2  We may make amendments to the Development Products to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Development Products. 

6.3  We are entitled to make amendments or changes to the delivery of our products, for example changes to the coach, facilitators or speakers at any time to ensure that the delivery is to the required standards of the business and/or applicable laws and regulations. Where these changes are applied we will aim to notify clients with at least 24 hours notice, however in some extreme cases this is not always possible. We will not be liable to provide a refund, full or partial, in this scenario and will provide an alternative coach, facilitator or speaker who will be able to provide products to at least the same standard a the original coach, facilitator, or speaker.

6.4 We are entitled to make more substantial changes to the Development Products (i.e. any changes other than those set out in clause 6.3) , but we aim to provide you with at least thirty (30) days’ notice of these changes before they come into effect if they remove any material functionality or features. There may be occasions where this is not possible, if you do not agree to any such changes you must notify us and you will be offered a refund for any unused part of your development products.

7 GENREAL OBLIGATIONS FOR BOTH PARTIES

7.1  In providing the Development Products we shall provide the Development Products with reasonable skill and care and the Development Products shall be of a satisfactory quality.

7.2   You agree that you shall, and you shall procure that all Individuals shall:

7.2.1  co-operate with us in all matters relating to the Development Products;

7.2.2    provide us with such information and materials as we may reasonably require in order to supply the Development Products, and ensure that such information is complete and accurate in all material respects;

7.2.3    not use the Development Products:

7.2.3.1  for any purpose that is unlawful;

7.2.3.2   to commit any act or fraud;

7.2.3.3   to distribute viruses, malware, or other similar harmful software code;

7.2.3.4   for the purposes of promoting unsolicited advertising or spam;

7.2.3.5   to simulate messages from us or any other service or entity in order to collect identity information, authentication credentials, or other information ("phishing");

7.2.3.6   in any manner that disrupts the operation of our Website or business or the website of any other entity including our learning management system;

7.2.3.7   to represent or suggest that we endorse any other business product or service unless we have separately agreed to do so in writing;

7.2.3.8   to gain authorised access to us use of computers, data, systems, accounts or networks; or

7.2.3.9    to attempt to circumvent password or user authentication methods;

 

7.2.4     complete receipt of the Writing Services and Coaching Services within any dates or timescales, agreed between us or, if none is explicitly agreed, within 6 (six) months of the Commencement Date (as shown in Actuate Contractual Agreement).

7.3         Certain of the Development Products may allow the Individuals to make submissions or otherwise communicate with other persons receiving Development Products and you shall procure that when Individuals make any such submissions or communications (including, but not limited to, face to face meetings, online webinars, or other methods of interactions) they will be:

7.3.1     their own original work and lawfully submitted;

7.3.2     factually accurate or the Individuals own genuinely held belief;

7.3.3     provided with the necessary consent of any third party;

7.3.4     not defamatory or likely to give rise to an allegation of defamation;

7.3.5   not offensive, obscene, sexually explicit, discriminatory or deceptive; and

7.3.6   unlikely to cause offence, embarrassment or annoyance to others.

8 LEARNING MANAGEMENT SOFTWARE ACCESS

8.1       We do not guarantee that our Website and/or the Learning Management Software (“LMS”) will be available 24/7 or that it will be free from errors or interruptions. We do not therefore guarantee that any Development Services which require access to the LMS will be available for viewing continuously or provided free of faults.

 

8.2       In the unlikely event that there is any defect or error with the LMS we will use every reasonable effort to repair or fix the defect as soon as reasonably practicable and would request that you:

 

8.2.1    contact us and tell us as soon as reasonably possible;

 

8.2.2    give us a reasonable opportunity to repair or fix any defect (in any event not less than 2 days).

 

8.3       We will contact you in advance to tell you if we will be suspending supply of your Development Service due to errors, defects or other issues with our LMS, unless the problem is urgent or an emergency.

 

8.4       If we suspend the supply of your Development Services, or there is a defect or error which affects the provision of the Development Services then no refunds or rebates of the price for the Development Services shall be due or payable unless the Development Services are affected for a period of more than 30 days in which case you shall be entitled to terminate the Contract and we will refund you a reasonable amount of the fees you have paid by reference to (i) the use you have made of the Development Services up to that point, and (ii) the remaining period of your subscription.

 

8.2     You agree that you shall, and shall procure that all Individuals shall:

 

8.2.1  co-operate with us in all matters relating to the LMS;

 

8.2.2  provide us with such information and materials as we may reasonably require in order to supply the Development Services via the LMS, and ensure that such information is complete and accurate in all material respects;

 

8.2.3  not use the LMS:

 

8.2.3.1  for any purpose that is unlawful;

 

8.2.3.2  to commit any act or fraud;

 

8.2.3.3  to distribute viruses, malware, or other similar harmful software code;

 

8.2.3.4  for the purposes of promoting unsolicited advertising or spam;

 

8.2.3.5  to simulate messages from us or any other service or entity in order to collect identity information, authentication credentials, or other information ("phishing");

 

8.2.3.6  in any manner that disrupts the operation of our website, use of any other member or third party, or business or the website of any other entity;

 

8.2.3.7  to represent or suggest that we endorse any other business product or service unless we have separately agreed to do so in writing;

 

8.2.3.8  to gain authorised access to use of computers, data, systems, accounts or networks; or

 

8.2.3.9  to attempt to circumvent password or user authentication methods.

 

8.3     The LMS may allow you and/or the Individuals to make submissions or otherwise communicate with other persons on the LMS and when you make any such submissions or communications they must be:

 

8.3.1      your own original work and lawfully submitted;

 

8.3.2    factually accurate or your own genuinely held belief;

 

8.3.3     provided with the necessary consent of any third party;

 

8.3.4    not defamatory or likely to give rise to an allegation of defamation;

 

8.3.5    not offensive, obscene, sexually explicit, discriminatory or deceptive; and

 

8.3.6    unlikely to cause offence, embarrassment or annoyance to others.

9 WRITING SERVICES

9.1  Our CV Writing Services and LinkedIn Rewrite Services (the "Writing Services") are detailed on the relevant pages on our Website or sales brochures.

9.2  We accept in good faith any information which you and/or the Individuals provide to us in relation to the Writing Services and we are not in any way responsible for verifying the accuracy of such information. It is your and the Individuals responsibility to verify that all the information contained within any document (including your LinkedIn profile) that we provide as part of the Writing Services (the "Materials") is true, accurate and correct in all respects. 

9.3   We do not guarantee that the provision of the Writing Services nor any Materials supplied will result in an interview, successful application for any job, or lead to any other particular outcome, as all outcomes are dependent upon a number of additional factors over which we have no control.

Cancellation

9.4    You shall not be entitled to cancel the Writing Services, please see clause 13 for further information.

Delivery

9.5  We will deliver Materials to you in accordance with the timescales set out on our Website and confirm this when we provide you with an Order Confirmation.  Any timescales provided are estimates only.

9.6   Whilst we will use our reasonable efforts to comply with stated timescales, time is not of the essence and we will have no liability if we fail to do so.

9.7   Due to the nature of the Writing Services, we will require input from you and/or the Individuals to produce first, and possibly further drafts, of the Materials.  As such we will provide you and/or the Individuals with forms which need to be completed in order for us to produce the Materials.  We shall confirm estimated delivery dates for all drafts once we have your and/or the Individuals input and/or forms and we will not be responsible for any delays caused by your or the Individuals failure to respond either in a timely manner or at all.

9.8   Where any element of the Writing Services involves a telephone or one to one consultation, we will contact the Individuals to agree an appointment date and time which must be within 6 weeks of the Order Confirmation.  We will make reasonable attempts to make contact with the Individuals at the time of the agreed appointment including by text, email or phone, however if we are unable to contact the Individuals using one of these methods they will forfeit that appointment and no refund will be offered.  We will thereafter attempt to work without the need for such contact however we cannot guarantee the quality of the work in these circumstances given the bespoke and personal nature of the Writing Service.

Errors and acceptance

9.9  In the unlikely event that there is a defect or error with the Writing Service, we would request that you or the Individuals contact us and tell us as soon as reasonably possible giving us a reasonable opportunity to remedy any defect (in any event no less than 14 days) and if you or they do so we will use every reasonable effort to remedy the defect as soon as reasonably practicable.

9.10   Once we have delivered any final Materials pursuant to the Writing Services, such Materials shall be deemed to be accepted and the Writing Service complete if you or the Individuals do not advise us of rejection or required further amendments within five working days within receipt (i.e. Monday to Friday, excluding bank holidays).

9.11    Any materials or information that you or the Individuals provide to us in order for us to perform the Writing Services must be your or the Individuals own and not infringe the rights of any third party (such as, for example, intellectual property rights).  We agree that we shall not acquire any right, title, or interest in such material other than to the extent that is strictly necessary for us to provide the Writing Services and you agree to indemnify us for any loss, damage, penalty, fine, or other liability which we may suffer should the material or information that you or the Individuals provide infringe the rights of any third party.

9.12  We own or are a licensee of all intellectual property rights in and to any Materials produced as part of the Writing Services subject to clause 18.  We grant to you and the Individuals a worldwide, royalty free, irrevocable licence to use such intellectual property rights for your and their own personal use in applying for jobs and related matters but you and they must not use the intellectual property rights to otherwise make a profit or provide them to any third parties without our prior written authorisation

10 COACHING SERVICES

10.1   Certain Development Products (described on our Website or sales brochures as "Coaching Services" or “Facilitation Services”) are provided by means of a course (a "Course"), which is broken down into separate modules which are constituted by of either one to one coaching, group coaching and/or online webinars (each a "Module").  Attendance at and/or participation in all Modules of a Course is required to successfully complete the Course.

10.2    Registration information and joining instructions will be sent to Delegates by email at least seven days prior to the start of the Course.  If any Individual has not received the information by this time, they should contact us by email:

10.2.1  for any webinar series at clientsuccess@actuateglobal.com ; or

10.2.2   for group/one to one coaching at clientsuccess@actuateglobal.com .

10.3      Unless we agree otherwise, the Individuals must complete the Course within 6 months (or 12 months, in the case of any 12 month coaching packages) of the date of the Order Confirmation, failing which the Individuals shall no longer be entitled to participate in the Course or any outstanding Modules and you will not be entitled to refund of any monies paid.

10.4     As part of the Course Individuals may be provided with a learning plan consisting of remote work, coaching, and assignments which you will be required to complete and submit all required work to your coach by the agreed deadline.

10.5  From time to time we may amend or change a coach or a course facilitator or the date of a course. Where these changes are required we will aim to provide at least 24 hours’ notice, however there may be instances (such as illness or otherwise) where this is not always possible. We will make every attempt to provide cover or alternative solutions such as rescheduled dates, alternative coach or facilitator. Where Actuate Global provide alternative arrangements a refund will be will only be given if the Individuals are unable to attend any rearranged date, in all other circumstances a Credit note will be provided.

10.6      We reserve the right to withdraw access to the Course and/or any Module and/or terminate any registration on the relevant Course or Module on written notice if you or any Individuals:

10.6.1    breach our code of conduct for participants and coaches (which has been made available when you raised an Order for the Development Products), or

10.6.2    do not pay to us any monies when due.

Cancellations
 

10.7     If you wish to swap any Individuals participation on a Course, you are free to do so as the Contract does not relate to any specific named Individuals.  You may not, however, cancel any Course in its entirety – please see clause 13 for further information.

Alterations to Courses

10.8    We reserve the right to make alterations to the Course materials, coaches and to venue and timings for Modules and/or the Course as may be necessary to facilitate proper delivery.

10.9    If it is necessary, for any reason outside of our reasonable control, for a Course or a Module to be postponed or the dates changed, we shall not be liable for any expenditure, damage or loss incurred by you or any Individuals, all registrations shall remain in force for the rearranged Course. 

10.10    In the unlikely event of a Course or Module having to be cancelled by us (and where we do not rearrange), a credit note will be offered (less the value of any Modules that have already been attended). Notwithstanding clause 15, our total liability in these circumstances will be limited to the amount of the price actually paid by you.

Problems with the Course

10.11    Our primary aim is to create Courses of the highest standards that also reflect value for money.  If you or any Individuals are not happy with the Course or any Module and feel that it does not meet the description given on our Website and you or the affected Individual notify the coach of this by end of the first day of the Course or the affected Module and follow this up with an email detailing the concerns as soon as possible after this, a credit may be given (at our absolute discretion) for the Course or Module.  We will consider the reasons for dissatisfaction and if we consider that they are reasonable, an appropriate credit will be given.

10.12     If an Individual does not attend the Course or any particular Module you will not be eligible for a refund or credit note. 

10.13      Notwithstanding clause 15, in no circumstances shall our liability (if any) under clause 9.12 exceed the amount paid by you.

10.14      Any views expressed by coaches when delivering the Course are their own.  We cannot accept liability for advice given, or views expressed, by any Coach, facilitator, observer or speaker and Course or Module or in respect of any material that they provide.

Photography and Filming

10.15   For promotional purposes, there may be a professional photographer and/or video production taking place during a Course or individual Modules including in respect of any Modules which are to be made available for later download as described in our Website and our sales brochure.  Participants who do not wish to be filmed or recorded should advise us by email to      clientsuccess@actuateglobal.com       prior to the Course or Module starting.

Intellectual Property

10.16   All intellectual property rights in any Course materials (including any online webinars) provided to or made available belong to (or are licensed to) Actuate Global Limited and whilst you and the Individuals can use these materials for your and their own personal use, they must not be copied, distributed or resold without our express written consent. We do not provide any warranties or assurances that such use will not infringe the intellectual property rights of any third party. 

Website and links

10.17    We do not guarantee that our Website or LMS will be available 24/7 or that it will be free from errors or interruptions. We do not therefore guarantee that Delivered Products will be available for viewing on the Website or LMS continuously or provided free of faults.

10.18    In the unlikely event that there is any defect or error with a Delivered Product or it has not been delivered to a suitable standard we will use every reasonable effort to repair or fix the defect or redeliver the Product as soon as reasonably practicable and would request that you and/or any affected Individuals: 

10.19.1  contact us and tell us as soon as reasonably possible;

10.19.2   give us a reasonable opportunity to repair or fix any defect (in any event not less than 2 days) or redeliver the Product;

10.20     We will contact you in advance to tell you if we will be suspending supply of the Delivered Product due to errors, defects or other issues, unless the problem is urgent or an emergency.

10.21    If we suspend the supply of the Development Products, or there is a defect or error which affects the provision of the Development Products then no refunds or rebates of the price for the Development Products shall be due or payable unless the Development Products are affected for a period of more than 30 days in which case you shall be entitled to terminate the Contract and we will refund you a reasonable amount of the fees you have paid by reference to (i) the use you have made of the Development Products up to that point, and (ii) the remaining period for the delivery of the Development Products.

Insurance

10.22   It is your and the Individuals responsibility to arrange appropriate insurance cover in connection with their attendance on the Course.  We cannot be held liable for any loss, liability or damage to personal property. 

Special Requirements 

10.23   You should advise us of any special access requirements for any Individual at the time of purchase.

10.24   If any Individual has any food allergies or other dietary requirements, please tell us no later than two working days prior to the start date of the Course

 

YOUR FURTHER OBLIGATIONS

Course Transfer

10.26   Should you wish to transfer any Individuals attendance on a Course to the same Course to be delivered at a later date, this will be allowed but we must be notified in writing. Any transfer must relate to the entirety of a Course and not an individual Module.  Individual Modules cannot be transferred. 

10.27        Notwithstanding any transfer, the price for the Course shall be paid in accordance with the original payment terms.

11       ANALYTICAL PSYCHOMETRICS  

11.1      Our Analytical Psychometrics Services (the "Analytical Services") are detailed on the relevant pages page on our Website.

11.2        When participating in any assessments undertaken as part of the Analytical Services it is the Individuals responsibility to ensure that they respond honestly, fully and accurately with a view to ensuring the quality and accuracy of the results.  We will not be responsible for any results of any assessment in respect of which an Individual does not participate as required under this clause 11.2. 

11.3      You may not cancel the Analytical Services, please see clause 13 for further information.

11.4     We will deliver the assessment results profiles (which are the results of the Analytical Services) to you and the Individuals in accordance with the timescales set out in the Order Confirmation or, if no timescale is set out, within 72 hours of the Individuals completing all assessments.  Whilst we will use our reasonable efforts to comply with stated timescales, time is not of the essence and we will have no liability if we fail to do so.

11.5      Where any element of the Analytical Services involves a telephone or one to one consultation we will contact the Individuals to agree an appointment date and time which you agree must be within 6 weeks of the Order Confirmation.  We will make every reasonable attempt to make contact with the Individuals at the time of the agreed appointment including by text, email or phone, however if we are unable to contact them using one of these methods they will forfeit that appointment and no refund will be offered.  We will thereafter attempt to work without the need for such contact however we cannot guarantee the quality of the work in these circumstances given the bespoke and personal nature of the Analytical Service.

11.6      The Analytical Services are provided on our behalf by a third party who is either the owner or are a licensee of all intellectual property rights in and to any assessment results profiles produced as part of the Analytical Services.  You and the Individuals must not do anything which infringes their intellectual property rights in respect of the Analytical Services and you agree to indemnify and hold us harmless in respect of any loss that we suffer as a result of your or the Individuals breach of this clause 11.

12       NETWORKING EVENTS

12.1   Details of the networking event ("Event(s)") will be set out on our Website and/or the Order Confirmation.

12.2    We reserve the right to refuse any Individuals participation on a networking event (an "Event") and/or any Module and/or terminate any registration on the relevant Course or Module on written notice if you do not pay to us any monies when due.

Cancellations

12.3    If you wish to swap any Individuals’ participation on a Course you are free to do so as the Contract does not relate to any specific named Individuals.  You may not, however, cancel any Networking Event or any Individuals’ attendance in its entirety – please see clause 13 for further information.

12.4     If it is necessary, for any reason outside of our reasonable control, for an Event to be postponed or the dates changed, we shall not be liable for any expenditure, damage or loss incurred by you or any Individual, the registration shall remain in force for the rearranged Event.

12.5    In the unlikely event of an Event having to be cancelled by us (and where we do not rearrange), a full refund will be made.  Notwithstanding clause 15 our total liability in these circumstances will be limited to the amount of the price actually paid by you.

12.6    If the Individual does not attend the Event, Course or any particular Module you will not be eligible for a refund. 

13     RIGHT TO CANCEL OR TERMINATE - SPECIAL ATTENTION IS DRAWN TO THIS CLAUSE

13.1  Without affecting any other right or remedy available to you, you may have a legal right to end the Contract because of something we have done or are going to do. These reasons include:

 

13.1.1 we have told you about an upcoming change to the Development Product or these Terms (other than pursuant to clauses 6.1 or 6.2) to which you do not agree;

13.1.2   there is a risk that our ability to provide the Development Product may be significantly delayed because of events outside our control;

13.1.3   we have suspended supply of the Development Product for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days.

13.2     Due to the nature of the Development Services generally and the work undertaken by us before the Contract is formally entered into (including in certain cases the creation of bespoke items for the Development Services), if we are not at fault you shall not be entitled to end the Contract even if you refuse to accept delivery of the Development Services.

How to end the Contract with us

13.3      To end the Contract with us because of something we have done, or are going to do, please let us know by sending an email to us at clientsuccess@actuateglobal.com.

13.4       Any notification must be in writing confirming your name, address, email address you used to sign up to the Development Product, and any order or reference number.

14        OUR RIGHTS TO END THE CONTRACT – Special attention is drawn to this clause

13.3      To end the Contract with us because of something we have done, or are going to do, please let us know by sending an email to us at clientsuccess@actuateglobal.com.

13.4       Any notification must be in writing confirming your name, address, email address you used to sign up to the Development Product, and any order or reference number.

 

14        OUR RIGHTS TO END THE CONTRACT – Special attention is drawn to this clause

 

14.1         We may end the Contract for the Development Product at any time by writing to you if you:

14.1.1       breach your obligations under clause 7;

14.1.2       do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;

14.1.3       do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Development Product; or

14.1.4       do not, within a reasonable time, allow us access to information required to deliver the Development Product to you.

14.2          If we end the Contract in the situations set out in clause 14.1.3 to 14.1.4 you will be provided with a credit note and you will remain liable for the balance of any outstanding fees.

14.3         Notwithstanding clause 14.1, we may terminate the Contract with immediate effect by giving written notice to you. If we choose to end the Contract under this clause 14.3, we will provide a credit note /  refund you any money or fees you have paid in advance for the Development Product after the termination date.

15       OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU - SPECIAL ATTENTION IS DRAWN TO THIS CLAUSE.

15.1       If you are a business customer, we warrant that the Development Product shall be provided with reasonable care and skill and that, where applicable, any digital content supplied will be of a satisfactory quality.  

15.2       Nothing in these Terms shall limit or exclude our liability for:

15.2.1     death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

15.2.2     fraud or fraudulent misrepresentation;

14.2.3     to the extent applicable, any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

15.2.4     any matter in respect of which it would be unlawful for us to exclude or restrict liability.

15.3        Where applicable and except to the extent expressly stated in clause 15.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

15.4       Subject to clause 15.2:

15.4.1     we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

15.4.1.1                             loss of profit;

15.4.1.2                             loss of goodwill;

15.4.1.3                             loss of business opportunity;

15.4.1.4                             loss of anticipated saving;

15.4.1.5                             loss or corruption of data or information; or

15.4.1.6                             any indirect, special or consequential actions, awards, charges, claims, compensation, costs, damages, demands, expenses, fees, fines, interest, liabilities, losses, penalties, proceedings and settlements (Losses),

15.4.2   that arises under or in connection with the Contract; and

15.4.3    our total liability to you for all other Losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price paid by you in the last 12 months for the Development Product.

16      INTELLECTUAL PROPERTY RIGHTS

16.1      We own (or are a licensee of) all intellectual property rights in our Website/portal and any material published on it or subsequently provided to you (whether via email or otherwise) under these Terms. Those works are protected by copyright and other laws relating to intellectual property around the world. You and the Individuals are permitted to print off copies and download extracts from our Website or the material published on it for your own personal use provided that you do not modify these in any way or share these with third parties in any way. You and the Individuals must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Any use of extracts from the Website or materials published on it other than in accordance with this clause 16 for any purpose is prohibited.

16.2        If you or any Individuals upload any copyright protected material (including photographs) to our Website, it is your responsibility to obtain the permission of the copyright owner and you agree to indemnify us and hold us harmless against any losses, damages, or penalties that we suffer as a result of you or any Individuals uploading any material without the permission of the copyright owner.

16.3        Please see our Website Terms of Use for further details on our intellectual property rights and the content uploaded by Individuals.

17       EVENTS OUTSIDE OF OUR CONTROL

17.1      We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by, or, contributed to in any material way, an event outside our control nor where such an event outside makes performance with the Contract onerous to a degree not reasonably in the contemplation of the parties at the time of entering the Contract.  An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, changes in the law or the issuance of governmental orders, advise, recommendations or similar edicts, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

17.2      If an event outside our control takes place that affects the performance of our obligations under these Terms:

17.2.1    we will contact you as soon as reasonably possible to notify you; and

17.2.2     our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control.  Where the event outside our control affects our delivery of Development Products, we will arrange delivery of the Development Products after the event outside our control is over.

18      OTHER IMPORTANT TERMS

18.1      We may transfer our rights and obligations under the Contract to another organisation but this will not affect your rights under the Contract.  We will always notify you by posting on our Website if this happens.    

18.2      You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

18.3      Subject to clauses 18.1 and 18.2 no person shall have any rights to enforce any terms of the Contract other than you (which phrase shall not, for the purposes of clauses 18.1 to 18.3, be deemed to include the Individuals) and us.

18.4      Each of the clauses of these Terms operates separately.  If any court or relevant authority decides that any of them are unlawful or unenforceable, then the affected clause(s) shall be interpreted with such minimum modification as is necessary to make it lawful or enforceable and the remaining clauses will remain in full force and effect.

18.5      If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, we can still enforce it later. Any delay will not mean that we have waived our rights in any way or that you no longer have to comply with your obligations.  If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.  For example, if you miss a payment and we do not chase you, but continue to provide the Development Products, we can still require you to make a payment at a later date.

18.6       Alternative dispute resolution (if you are a consumer). Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR via their website at www.cedr.com. You  will not be charged for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

18.7         Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

bottom of page