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Terms & Conditions
Important notice: Please read carefully before buying training courses or accessing or
downloading any training materials from this website.
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).
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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).
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.
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).
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).