1. Definitions. These are the terms and conditions governing the provision of training services by AMT Data Technologies or its sub-contractors with the exclusion of any other oral or written statement or agreement whatever its legal character.
‘Client or Customer’ means a company or individual that completes a course booking form or enters into a contractual arrangement.
‘Delegate’ means the party or parties named as attendees on the course booking form. ‘Invoice’ means an invoice for the charges delivered by AMT Data Technologies to the customer.
2. General These Terms and Conditions shall apply to all training carried out in the provision of services by AMT Data Technologies to the Customer in accordance with any order confirmation authorised by the Customer. No additions to, or modifications of, these Terms and Conditions shall have effect unless expressly agreed in writing by both parties and expressed to be amendments to these Terms and Conditions.
AMT Data Technologies employees or agents are not authorised to make any representations whatsoever concerning the provision of services unless confirmed by AMT Data Technologies in writing. The Customer acknowledges that it does not rely on, and waives any breach of, any such representations that are not so confirmed.
3. Acceptance of Order
i. Bookings on our Public Scheduled Courses can be accepted at any time up to the course start date, subject to availability.
ii. An official confirmation must be received from the Customer in order to reserve a place. Prior to your confirmation, your place is only held provisionally.
iii. Confirmed bookings can be made by letter, fax or email (provisional bookings can be made by telephone or e-mail)
Bookings will only be confirmed on receipt of written authorisation plus deposit.
4. Substitutions, Rescheduling and Cancellations
i. Delegate substitutions may be made prior to the start of the course without penalty, providing AMT Data Technologies is informed in writing. It is the Customer’s responsibility, having referred to relevant AMT Data Technologies course information, to ensure the course is suitable for the student’s requirements.
ii. Bookings rescheduled by the customer more than seven days before the commencement date of the course will incur no rescheduled fee; however the rescheduled course must take place within 3 months of the commencement date of the original class.
iii. Cancellations by customers made more than 7 days before course commencement will not incur cancellation charges.
iv. Cancellations within 7 days of books dates incur 50% cancellation fee
v. In all circumstances AMT Data Technologies require written notification of any cancellations.
vi. AMT Data Technologies undertakes to provide the training course on the date specified except when external circumstances prevent this. In these circumstances AMT Data Technologies will endeavour to re-run the course on a mutually agreeable basis.
vii. AMT Data Technologies reserves the right to cancel a course, though we make every effort to ensure this does not occur. In the event of a course being cancelled by AMT Data Technologies, alternative dates will be proposed, or a full refund of monies paid will be made to the customer.
viii. AMT Data Technologies takes no responsibility for loss of profit and/or for any incidental, consequential special or indirect losses as a consequence of exceptional cancellations.
5. Sub-contracting AMT Data Technologies reserves the right to assign its training courses between its own trainers but will not subcontract training.
6. Pricing and Payment terms
i. All course fees are fixed and published by AMT Data Technologies.
ii. Public Scheduled course fee includes tuition, training materials, manuals and computer time as appropriate to the course. Bespoke onsite courses are based on trainer day rates and per delegate PC hire as required and an individual course manual.
iii. Payment of the course fee, together with the VAT, should be received by AMT Data Technologies 30 days prior to the course start date or on booking, whichever is the later unless previously agreed with the customer.
iv. No training services will be provided unless payment conditions have been satisfied.
v. All prices quoted are exclusive of VAT, which will be charged at the prevailing rate as notified by Customs and Excise.
vi. Payment can be made by Bank transfer or guaranteed cheque.
7. Course content AMT Data Technologies course listing is provided for information purposes only and does not constitute an offer for a particular course or programme. AMT Data Technologies constantly strives to improve the content of its courses and therefore reserves the right to modify the specification of a course without notice to the Customer. A course title, duration, cost, content and location are liable to change at any time.
8. Delegate Suitability
i. It is the Customer’s responsibility to ensure that the course is suitable for their requirements. All delegates should have read and understood the course outline and met the necessary prerequisites.
ii. AMT Data Technologies reserves the right to ask a delegate to leave the training event if the delegates does not meet the course prerequisites.
iii. AMT Data Technologies urges clients to support this policy, which is designed to protect the Customer’s investment.
iv. All delegates will be required to abide by any site rules and regulations operating at the course location.
9. Force Majeure AMT Data Technologies shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from, hindered in or delayed in the provision of services through any circumstances beyond its reasonable control including but not limited to strikes, lock outs. Accidents, war, fire, acts of God, reduction in or unavailability of power, breakdown of plant or machinery or shortage or unavailability of raw materials from normal sources of supply.
10. Limitation of Liability and Indemnities
i. Except as may otherwise be expressly provided in these Terms and Conditions, all warranties, conditions, terms, undertakings and representations of any kind whatsoever, express or implied, whether by statute, common law or otherwise, are hereby excluded by AMT Data Technologies to the fullest extent permitted by law and AMT Data Technologies shall have no other obligation, duty or liability whatsoever in contract, tort, statute or otherwise to the Customer.
ii. AMT Data Technologies represents and warrants that the services provided will be performed in a professional and skilful manner consistent with the professional standards and the general customs and practices of the industry.
iii. AMT Data Technologies’ maximum aggregate liability for any and all losses, claims, demands, damages, costs and/or expenses of any kind whatsoever arising out of or in connection with any order confirmation and/or these Terms and Conditions (whether in contract, tort, by statute or otherwise) shall not, in total, exceed the amount actually paid by the Customer to AMT Data Technologies for the services which are the subject of the order confirmation in question.
iv. Without prejudice to the generality of the foregoing, AMT Data Technologies shall not be liable to the Customer (whether in contract, tort, by statute or otherwise) for loss of profits and/or for any incidental, consequential, special or indirect loss or damage arising out of or in connection with any order confirmation and/or these Terms and Conditions, including but not limited to:
(a) loss of use;
(b) loss of goodwill;
(c) loss and/or corruption of data;
(d) loss of information;
(e) loss of business;
(f) loss of goods;
(g) loss of anticipated savings;
(h) loss of revenue;
(j) any damage relating to the procurement by the Customer of any substitute services.
v. For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses 12.5 (a) through (j) inclusive above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these Terms and Conditions and/or any order confirmation.
vi. For the avoidance of doubt, nothing in these Terms and Conditions and/or any order confirmation shall restrict and/or exclude in any way AMT Data Technologies’ liability for (a) death or personal injury resulting from the negligence of AMT Data Technologies, its officers and/or employees; and/or (b) fraudulent misrepresentation. The Customer is liable for any loss, damage or injury to AMT Data Technologies staff or their property which may arise whilst working at the Customer location and is due to negligence or breach of statutory duty by the Customer.
vii. AMT Data Technologies accepts no liability for the failure of any third party hardware, software and/or systems which may be the subject of any AMT Data Technologies services: this includes failure to meet its operating specification.
viii. No part of the training material may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, or otherwise, without prior permission in writing of AMT Data Technologies or the copyright owner.
ix. All Intellectual Property Rights for any product or service remain the property of AMT Data Technologies unless otherwise stated or agreed.
Disclaimer: The information contained in all AMT Data Technologies coursework & literature is distributed on an “As Is” basis, without warranty. While every precaution has been taken in the preparation of the training courses and associated literature, neither the author nor AMT Data Technologies shall have any liability to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the instructions contained in the coursework or by the computer software and hardware products described in it.