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Important notice: Please read carefully before buying training courses or accessing or

downloading any training materials from this website.

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This is a legal agreement between you (Licensee or you) and Herts Energy Ltd of 41 Baldock

Street, Ware, Hertfordshire, United Kingdom (Licensor or we) for your purchase of Herts

Energy Ltd training courses and training materials ("Training Courses" and "Training

Materials" respectively), which includes printed materials and online documentation

(Documentation).

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By clicking on the "purchase" button on your event page, you agree to these terms which will

bind you and (if you are an employer) your employees. If you do not agree to these terms, we

shall not sell Training Materials or Documentation to you and you must discontinue the

purchasing process now.

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1. APPLICATION

1.1 These terms and conditions (the Terms and Conditions) shall apply to the provision of the

Training by Herts Energy Ltd to the Customer.

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2. INTERPRETATION

2.1 In these Terms and Conditions, unless the context otherwise requires, the following

expressions shall have the following meanings:

Agreement: these Terms and Conditions and (i) the signed Contract for Services; or (ii)

completed Online Booking Process.

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks

in London are open for business.

Herts Energy : the Herts Energy entity stated in the Contract for Services.

Charges: the charges payable by the Customer for the Training in accordance with clause 6

(Charges and payment).

Contract for Services: The document sent by Herts Energy Ltd to Customer, following an

indication by Customer that it wishes to obtain training services from Herts Energy Ltd,

setting out the details of the Training to be provided and the basis upon which Herts Energy

Ltd proposes to provide them.

Delegate(s): an individual or representative scheduled by the Customer to attend the Training.

Customer: the person or firm who purchases the Training from Herts Energy Ltd.

Customer Data: the data provided by the Customer for the purpose of facilitating the

Training.

Data Protection Legislation: means:

(a) The General Data Protection Regulation (GDPR), the Data Protection Act 2018, the

Privacy and Electronic Communications (EC Directive) Regulations 2003; and

(b) any other legislation in force from time to time relating to privacy and/or the Processing

of Personal Data and applicable to the provision and receipt of Training under these Terms

and Conditions; and

any statutory codes of practice issued by the Information Commissioner in relation to such

legislation.

In-House: Training provided by Herts Energy Ltd at the Customer’s premises for the

Customer’s Delegates.

Online Booking Process: The booking process available through the following websites or its

links: www.hertsenergy.co.uk

Personal Data: has the meaning given to it in the Data Protection Legislation.

Processing: has the meaning given to it in the Data Protection Legislation.

Public: Training provided by Herts Energy Ltd at a physical location or online for all

Customers and Delegates.

Training: the training, either In-house or Public, to be supplied by Herts Energy Ltd to the

Customer as described in the Contract for Services or as part of the Online Booking Process.

Training Materials: any materials or documents provided by Herts Energy Ltd as part of the

Training.

2.2 A reference to a statute or statutory provision is a reference to it as amended or reenacted.

A reference to a statute or statutory provision includes all subordinate legislation

made under that statute or statutory provision.

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3. BASIS OF THESE TERMS AND CONDITIONS

3.1 These Terms and Conditions shall come into effect when either:

3.1.1 Customer completes the Online Booking Process; or

3.1.2 Upon receipt by Herts Energy Ltd of an electronic or hard copy of the Contract for

Services signed by the Customer, at which point these Terms and Conditions shall be

deemed incorporated into the Contract for Services.

3.2 These Terms and Conditions apply to the exclusion of any other terms that the Customer

seeks to impose or incorporate, or which are implied by trade, custom, practice or course of

dealing. Except for consumers who's statutory rights are not effected.

3.3 Any Contract for Services is only valid for acceptance for a period of 30 calendar days

from its date of issue.

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4. SUPPLY OF THE TRAINING

4.1 Herts Energy Ltd shall use reasonable endeavours to supply the Training to the Customer

in accordance with these Terms and Conditions in all material respects but reserves the right

to change the course content of any Training Course at any time. The customer will be advised of any course content changes to ensure relevance to the original agreed contract.

4.2 Herts Energy Ltd shall use reasonable endeavours to meet any specified training dates,

but any such dates shall be anticipated dates only and may be subject to alteration.

4.3 Herts Energy Ltd 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, and Herts Energy Ltd shall notify the Customer in any

such event.

4.4 Notwithstanding the above sub-clauses, Herts Energy Ltd reserves the right to cancel

Training at any time, without incurring additional liability to the Customer or any Delegates.

In such circumstances, Herts Energy Ltd will offer (at its sole discretion) alternative dates, a

full refund, or a credit note.

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5. CUSTOMER'S OBLIGATIONS

5.1 The Customer shall:

5.1.1 co-operate with Herts Energy Ltd in all matters relating to the Training;

5.1.2 provide Herts Energy Ltd, its employees, agents, consultants and subcontractors, with

any information which may reasonably be required by Herts Energy Ltd in the organisation

of the Training, including, but not limited to, details in respect of the Delegate(s) and ensure

that such information is complete and accurate in all material respects; and

5.1.3 where Training is being delivered at its premises, provide Herts Energy Ltd with (i)

access, training space and any equipment necessary for the delivery of the Training; and (ii)

such facilities as are reasonably notified to the Customer in advance.

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6. CHARGES AND PAYMENT

6.1 Unless otherwise stated in the Contract for Services, the Charges for the Training shall be

calculated on a per session per Delegate basis.

6.2 The Customer shall pay any invoice submitted by Herts Energy Ltd within 7 calendar

days of the date of the invoice, and in any event prior to the Training taking place, to a bank

account provided on the invoice by Herts Energy Ltd, or in the case of online bookings, shall

make payment as required by the Online Booking Process.

6.3 Failure by the Customer to pay any Charges when they fall due may (at Herts Energy

Ltd discretion) result in:

6.3.1 the Delegates' place on the Training being withdrawn;

6.3.2 Herts Energy Ltd ceasing to provide the Training; and/or

6.3.3 Herts Energy Ltd withholding any certification due to the Delegates from the Training.

6.4 Without prejudice to any other right or remedy that it may have, if the Customer fails to

pay Herts Energy Ltd any sum due under this Agreement on the due date:

6.4.1 the Customer shall pay interest on the overdue sum from the due date until payment of

the overdue sum, whether before or after judgment. Interest under this clause will accrue each

day at 4% a year above the Bank of England’s base rate from time to time.

6.5 All sums payable to Herts Energy Ltd under this agreement:

6.5.1 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).

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7. CANCELLATION

7.1 The Customer may cancel Public Training on 30 calendar days’ notice to Herts Energy

Ltd. Cancellations must be provided in writing to the Herts Energy Ltd Business

Development Executive and sales@hertsenergy.co.uk. Public Training may not be cancelled

or rescheduled within 30 days of the start date of the Public Training.

7.2 The Customer may cancel In-House Training on 45 calendar days’ notice to Herts Energy

Ltd. Cancellations must be provided in writing to the Herts Energy Ltd Business

Development Executive and sales@hertsenergy.co.uk. In-House Training may not be

cancelled or rescheduled within 45 days of the start date of the In-House Training.

7.3 Non-classroom based Training may not be cancelled or rescheduled under any

circumstances and Charges for non-classroom based Training are therefore non-refundable.

7.4 Training may only be cancelled by the Customer in accordance with this clause 7. If a

Customer or Delegates fail to attend all or part of any Training, full payment of the Charges

shall be required.

7.5 If a refund is approved by Herts Energy Ltd, it will be made through the original mode of

payment only.

7.6 These clauses do not apply to consumers whose consumer rights remain unaffected. 

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8. INTELLECTUAL PROPERTY RIGHTS

8.1 All intellectual property rights in or arising out of or in connection with the Training,

including any associated Training Materials shall be owned by Herts Energy Ltd.

8.2 No reproductions, scans or copies (wholly or in part) shall be made of the Training

Material without the prior written consent of Herts Energy Ltd.

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9. CUSTOMER DATA

9.1 As between the parties, the Customer shall own all right, title and interest in and to all of

the Customer Data.

9.2 The Customer grants Herts Energy Ltd an irrevocable, unlimited and royalty-free licence

to use the Customer Data provided to Herts Energy Ltd for the purposes of providing the

Training.

9.3 Each party warrants that for the purposes of this Agreement it:

9.3.1 shall comply with the provisions of the Data Protection Legislation, including without

limitation that it:

(a) shall use Personal Data in accordance with the permissions or consents obtained from the

data subjects (as defined in the Data Protection Legislation) or otherwise in accordance with

the Data Protection Legislation;

(b) shall communicate to the other party the terms of any permissions or consents obtained

from the data subjects;

(c) shall have in place appropriate technical and organisational security measures against

unauthorised or unlawful Processing of Personal Data and against accidental loss or

destruction of, or damage to, Personal Data and shall take all reasonable steps to ensure the

reliability of its personnel who have access to such Personal Data and to impose obligations

of confidentiality upon such personnel and to ensure that such personnel are aware of their

responsibilities under the Data Protection Legislation;

(d) shall not transfer Personal Data outside the European Economic Area save in accordance

with the Data Protection Legislation;

(e) shall comply with any request or notice it receives from a data subject in its capacity as a

data controller;

9.3.2 shall upon request provide such assistance as is reasonably necessary to the other party

to enable that party to comply with its obligations as a data controller (as defined in the Data

Protection Legislation);

9.3.3 shall inform the other party as soon as reasonably practicable of the discovery of any

actual or suspected data-breach relating to the Processing of Personal Data in connection with

this Agreement;

9.3.4 shall, except to the extent prohibited by applicable law, inform the other party upon

receipt of a complaint from a data subject or if approached by any regulatory body in

connection with its compliance with the Data Protection Legislation in connection with this

Agreement;

9.3.5 shall, except to the extent prohibited by applicable law, consult the other party in good

faith as to the timing, manner and content of any response to a complaint from a data subject

or approach by any Regulatory Body in connection with compliance with the Data Protection

Legislation in connection with the Agreement.

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10. LIMITATION OF LIABILITY

10.1 Nothing in these Terms and Conditions limits any liability which cannot legally be

limited, including, but not limited to, liability for:

10.1.1 death or personal injury caused by negligence;

10.1.2 fraud or fraudulent misrepresentation; and

10.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act

1982 (title and quiet possession).

10.2 Subject to clause 10.1:

10.2.1 Herts Energy Ltd shall not be liable whether in tort (including for negligence or breach

of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits,

loss of business, loss of income, depletion of goodwill and/or similar losses or loss or

corruption of data or information, or pure economic loss, or for any special, indirect or

consequential loss, costs, damages, charges or expenses however arising;

10.2.2 Herts Energy Ltd's total aggregate liability in contract, tort (including negligence or

breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection

with the Agreement shall be limited to the total Charges paid for the Training.

10.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 and

4 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law,

excluded from these Terms and Conditions.

10.4 This clause 10 shall survive termination of the Agreement.

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11. CONFIDENTIALITY

11.1 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:

11.1.1 is or becomes publicly known other than through any act or omission of the receiving

party;

11.1.2 was in the other party's lawful possession before the disclosure;

11.1.3 is lawfully disclosed to the receiving party by a third party without restriction on

disclosure; or

11.1.4 is independently developed by the other party, which independent development can be

shown by written evidence.

11.2 Subject to clause 11.3, 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.

11.3 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 11.3, it takes into account the reasonable requests of the other

party in relation to the content of such disclosure.

11.4 The Customer acknowledges that its information may be used by Herts Energy Ltd on

an anonymous basis without limitation including compiling and publishing reports.

11.5 The above provisions of this clause 11 shall survive termination of the Agreement,

however arising.

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12. TERMINATION

12.1 Without affecting any other right or remedy available to it, either party to the Agreement

may terminate it with immediate effect by giving written notice to the other party if:

12.1.1 the other party 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;

12.1.2 the other party 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;

12.1.3 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

12.1.4 the other party's financial position deteriorates to such an extent that in the terminating

party's opinion the other party's capability to adequately fulfil its obligations under the

Agreement has been placed in jeopardy.

12.2 Without affecting any other right or remedy available to it, Herts Energy Ltd 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.

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13. CONSEQUENCES OF TERMINATION

13.1 On termination of the Agreement:

13.1.1 the Customer shall return any of the Training Materials which have not been fully paid

for; and

13.1.2 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.

13.2 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.

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14. FORCE MAJEURE

Herts Energy Ltd 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 Herts Energy Ltd or any other party), 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 subcontractors,

provided that the Customer is notified of such an event and its expected duration.

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15. VARIATION

Subject to clause 4.3, no variation of the Agreement shall be effective unless it is in writing

and signed by the parties (or their authorised representatives).

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16. 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.

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17. 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.

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18. 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.

18.2 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.

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19. ASSIGNMENT AND SUBCONTRACTING

19.1 The Customer shall not, without the prior written consent of Herts Energy Ltd, 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 Herts Energy Ltd's sole

discretion.

19.2 Herts Energy Ltd 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.

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20. 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).

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21. 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) pursuant to the

Contracts (Rights of Third Parties) Act 1999.

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22. NOTICES

22.1 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

Agreement, or such other address as may have been notified by that party for such purposes.

22.2 A correctly addressed notice sent by pre-paid first-class 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 email shall be deemed to have been received at the

time of transmission (as shown by the time sent in respect of an email).

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23. 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 law of England and Wales.

 

24. JURISDICTION

Each party irrevocably agrees that the courts of England and Wales shall have exclusive

jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement

or its subject matter or formation (including non-contractual disputes or claims).

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