These terms and conditions apply to Services provided by fds Director Services Ltd (company number: 9088224) of fds House, 3-5 Tammy Hall Street, Wakefield, West Yorkshire WF1 2SX, VAT number: 525803649 (“fds Director Service Ltd” or “we” or “us”).
Contact details: Gemma@wearefds.com or Jo@wearefds.com
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Training Course facilitated by Jo Haigh. Please read these terms and conditions carefully before purchasing an Online Training Course and we would also advise a copy is retained for your records.
If there is any conflict between our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Training Course then the conflict shall be resolved by applying the following order of priority:
- Course Specific Terms and Conditions;
- These Standard Terms for the Purchase of Online Training Courses;
- Website Disclaimer.
1. Definitions
“Confidential Information” means the information provided by one party to the other in written, graphic, recorded, machine-readable or another form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” applies to the information provided by fds Director Services Ltd to accompany a course provided as part of the services: this will be either in hard copy or electronic form.
“Fees” means the fees paid by you to fds Director Services Ltd or via a training course platform such as Reed Online Ltd (“Reed”) or Eventbrite, Inc (“Eventbrite”) for the services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Training Course” applies to the virtual delivery by fds Director Services of an Online Training Course, to which you learn course materials on a remote basis, via an online meeting platform such as Zoom Video Communications, Inc. (“Zoom”).
“Services” means the provision of the Online Training Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through our website or third-party website, commissioned by Us.
“Facilitator” relates to a member of fds Director Services team leading the Online Training Course.
“Website” means www.wearefds.com
“Third-party” means a commissioned website we may use to host the Online Training Course such as Zoom Video Communications, Inc. (“Zoom”) and training course platforms such as Reed Online Ltd (“Reed”) or Eventbrite, Inc (“Eventbrite”).
“You” means the individual purchasing the Services or a commissioned third-party website.
2. The Services
2.1. A description of the services together with the dates on which the services will begin are available on our website. We will provide the services with reasonable care and skill in accordance with the description set out on the website.
2.2. We reserve the right to vary or withdraw any of the services described on the website or a commissioned third-party website without notice.
2.3. We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the services.
3. Ordering Services
Purchasing Services via the Website or commissioned third party website
3.1. When you place an order for a service via the website or a commissioned third-party website, such as Reed, you are offering to purchase the Services based on these terms and conditions. fds Director Services Ltd reserves the right to cancel or decline your order or any part of your order at any time/.
3.2. Following receipt by us of your order for Services via the Website or a commissioned third-party website, such as Reed, we will contact you confirming receipt of your order.
4. Purchases made from REED.co.uk
4.1. Under this policy, you may cancel your purchase of the course within the period of 14 calendar days from the date on which the contract of purchase is concluded. This is called a "Cancellation Period". Note that if you redeem your voucher during the Cancellation Period, you expressly request us to begin providing the course materials and you acknowledge that you lose your right to cancel the purchase of the course and get any refund for it.
5. Cancellation and Variation
5.1. Subject to clause 5.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.
5.2. If you have purchased an Online Training Course and have already received the all or part of the Online Training Course materials and content and/or started to use that Online Training Course, then you shall have no right to cancel your order – Unless this is applicable to clause 4.1.
5.3.Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of fds Director Services.
6. Fees
6.1. The Fees for the Services shall be as set out on the Website or commissioned third-party website, such as Reed.
6.2. Unless otherwise specified at the time you purchase the Services the Fees are inclusive of VAT or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out on the Website.
6.3. Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending any Online Training Course.
6.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and fds Director Services Ltd shall not be responsible for these.
6.5. You shall be responsible for all costs you incur in connection with your access onto any Online Training Course. You may incur charges to your internet service provider while you are accessing and/or downloading the Course Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Course Materials. You are responsible for paying any such charges.
7. Technical Support and Access
7.1. You also accept and acknowledge that fds Director Services Ltd cannot be held responsible for any delay or disruptions to your access to the Online Training Course as a result of such suspension or any of the following:
(a) the operation of the internet and the world wide web, including but not limited to viruses;
(b) any firewall restrictions that have been placed on your network or the computer you are using to access the Online Training Course;
(c) failures of telecommunications links and equipment; or
(d) updated browser issues.
7.2. If you are unable to access an Online Training Course, fds Director Services Ltd will use reasonable endeavours to provide a solution where fds Director Services Ltd has direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software or settings thereof, fds Director Services Ltd may, in its discretion, provide assistance to you to help you resolve the issue, but we cannot guarantee that any assistance provided will resolve your issue.
8. Liability
8.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
8.2. Although fds Director Services Ltd aims to provide the Services to the highest standards of the Industry, neither it, nor its facilitators accept any liability for
(i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information
(ii) any loss or corruption of data
(iii) any loss of profit, revenue or goodwill, or
(iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
8.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.
8.4. Subject to clause 6.5 below, fds Director Services Ltd's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Training Course or Taught Course in relation to which a dispute has arisen.
8.5. Nothing in this Agreement shall exclude or limit fds Director Services Ltd’s liability for
(i) death or personal injury caused by negligence
(ii) fraudulent misrepresentation or
(iii) any other matter which under English law may not be limited or excluded.
8.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
9. Intellectual Property
9.1. All Intellectual Property Rights in the Course Materials, Online Training Courses and the speeches made by our facilitators are, and remain, the intellectual property of fds Director Services Ltd or its licensors, whether adapted, written for or customised for the Client or not.
9.2. You are not authorised to: -
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Training Course given;
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer;
(iv) remove any copyright or other notice of fds Director Services Ltd on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Training Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Training Courses.
9.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Training Course for the sole purpose of completing the Online Training Course.
10. Confidentiality
10.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it.
10.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
10.3. This clause shall continue not withstanding termination of these terms and conditions.
11. Termination
11.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your Fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of fds Director Services Ltd or any other person who attends any Online Training Course;
- cheat or plagiarise any work which you are required to prepare or submit in connection with the Services;
- are in breach of these terms and conditions.
12. Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
13. Force Majeure
fds Director Services Ltd shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the facilitator’s family, illness of the facilitator, Government edict or regulation.
14. Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
15. Data Protection
15.1. The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
15.2. When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
15.3. Our products may link to third-party websites and we are not responsible for their data policies or procedures or their content.
15.4. fds Director Services Ltd endeavour to take all reasonable steps to protect your Personal Data, including the use of encryption technology. However, cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
15.5. If you wish to change or update the data we may hold about you, please contact Gemma@wearefds.com
16. Law and Jurisdiction
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.
17. Contact
You may contact us by any of the following methods:
Email: Jo@wearefds.com or Gemma@wearefds.com
Registered Address: fds Director Services Ltd, fds House, 3-5 Tammy Hall Street, Wakefield, West Yorkshire, WF1 2SX.