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- Parties
- These Terms & Conditions shall be binding on any person or company, partnership or business purchasing goods or services from, or arranging bookings with, Construction Site Skills or its Affiliates on any of its websites (called hereafter ” the Customer”)
- Definitions
- “You”, “your” or “Customer” are references to “the Customer” and includes the individual, firm or company described in this Agreement.
- “We”, “us” and “our” are references to Construction Site Skills or its Affiliates Construction Site Skills or its Affiliates includes its successors and assigns.
- “Attendees” means those persons notified by the Customer to Construction Site Skills who will attend the location to receive the services.
- “Cancellation Charges” means the cancellation charge to be paid by the Customer to Construction Site Skills.
- “Course Date” means the date agreed between Construction Site Skills and the Customer.
- “Confidential Information” means all information in respect of the business of Construction Site Skills including any know-how, and any information marked confidential or which are, by their nature, clearly confidential and any other information which, if disclosed, will be liable to cause harm to Construction Site Skills.
- “Customer” means the party that contracts with Construction Site Skills for the Services.
- The “Agreement” means this Agreement between Construction Site Skills or its Affiliates and the Customer comprising these Conditions of Contract, Specification and defined Schedules (if any) and all matters referred to in the Invitation to Tender (if any)
- The “Liaison Officer” means the named individual from Construction Site Skills or its Affiliates and from the Customer who is designated to be available at all working times for the supervision of the services to be carried out under this Agreement and who will be the main contact for the other party.
- “Location” means the place at which the Services will be provided and detailed on the booking confirmation.
- “Payments” means the amounts to be paid by the Customer to Construction Site Skills as course fees for the Services and listed on the booking form as may be varied by Construction Site Skills from time to time.
- “Services” means the services and goods to be provided by Construction Site Skills to the Customer and more particularly as listed on the booking form or otherwise agreed.
- “Working Days” means any day except a Saturday or a Sunday or any public holiday in England and Wales.
- “Booking Form” is the online or paper application form filled out by the Customer, or by us (with Customer approval), to receive our services.
- Interpretation
- Words importing one gender include all other genders, words importing the singular include the plural and vice versa and any reference to a person includes a reference to a company, authority, board, department or other body.
- A reference to any statute, enactment, order, regulation or other similar instrument as amended from time to time.
- Headings are included in this Agreement for ease of reference only and shall not affect the interpretation or construction of any of the terms and conditions herein.
- Limitation of Liability
- Construction Site Skills will be under no liability whatsoever for any:
- loss of profit (direct or indirect);
- loss of revenue, loss of production or loss of business (in each case whether direct or indirect);
- loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct or indirect);
- loss of data (direct or indirect);
- loss of anticipated saving or loss of margin (in each case whether direct or indirect);
- liability of you to third parties (whether direct or indirect); or
- indirect, special or consequential loss.
- We make no representations or warranties whatsoever as to the accuracy of the information contained on any of our websites. Use of our services, or engaging us by telephone or text, is on the basis that you will not bring any complaint, claim, action or proceeding, or claim any compensation, loss or damage, or take any other step or action involving the need for time input on our behalf or any of our staff in respect of matters outside our control including all steps taken by third parties in processing, transmitting, dealing with or issuing CSCS Cards or Health, Safety and Environment Test, Courses Certificates or any other product or service we provide, as well as errors or omissions of any kind made by you, or any person on your behalf.
- Users use our websites on the understanding that they cannot and/or will not claim in relation to any information of any kind contained on any of our websites.
- We expressly disclaim all and any liability for any direct, indirect or consequential loss or damage, financial or otherwise, occasioned by an act or omission, fault or error by you, any third party with which we deal, ourselves or any person working on our behalf, even if such loss was reasonably foreseeable and we have been more than once advised in writing/warned/notified or otherwise put on notice of the possibility of the same. Consequential and indirect loss and damage shall include but not be limited to loss of profits, loss of employment or wages, loss of goodwill, and wasted expenditure of any kind.
- Missing Information & Communication
- You cannot claim a refund or cancel a service or product which we were unable to provide because you failed to provide the necessary information, and there was no communication from you for 1 month(30 calendar days) from the date of placing your order with us.
- Forfeiture
- Where a Customer, (or another person on the Customer’s behalf), has paid for goods and services including, without prejudice to the generality of the foregoing, centre-based tests, scheme cards, revision booklets and/or revision CD’s, payment shall be forfeited in full if the Customer, (or another person on the Customer’s behalf), shall not be entitled to any refund of payment made if:
- It has not been possible for us to contact the Customer or a contact person nominated or appointed by the Customer within a period of 1 month from the date of payment; and/or
- The Customer or a contact person nominated or appointed by the Customer fails to inform us of any change of the Customer’s or the contact person’s postal address, email address or phone number and we are unable to contact the Customer or contact person as a result
- In the event of forfeiture as stated above, the Customer agrees that any payment shall be forfeited or lost, and the Customer shall not be entitled to any repayment, refund or credit and we shall be entitled to retain the payment in full.
- The Customer agrees and consents as follows: where a contact person has been nominated or appointed by the Customer, we shall be entitled to contact that person, using contact details provided, in respect of all matters we would otherwise contact the Customer in respect of (including without prejudice to the generality of the foregoing all orders), purchases, confirmations, enquiries, products, services and test bookings and we shall be entitled to rely on any decision order instructions mandate by that person as if that person was the Customer.
- Subject to Availability
- Certain services (eg Health, Safety & Environment Test booking, training, courses) are provided on a ‘subject to availability’ basis. Although we check availability frequently, there are certain components of the service which we are unable to offer an instant confirmation.
- We will, however, issue you with a confirmation email and/or a customer support advisor will contact you within 48 working hours from the time that the service was requested. If the service is unavailable for the date requested, we will inform you about the nearest date and time that is available.
- Trade Mark and Legal Statement
- Construction Site Skills or its Affiliates does not issue the Health, Safety & Environment Test Certificates or CSCS cards, Courses, Training. We provide a booking service by making bookings on your behalf to the issuing authorities and bodies, and charge a fee for our service. If you require any further information on the CSCS Scheme click here. The CSCS and Construction Skills Certification Scheme are the trademarks of Construction Skills Certification Scheme Ltd.
- Use of Name and Design and Materials
- You are not allowed to display our logo, design or trading name unless agreed by us in writing.
- Data Protection and Privacy
- We protect your data and we value your privacy. Please check the Privacy Policy for details on this.
- Privacy Policy: http://www.constructionsiteskills.co.uk/privacy-policy/
- All copyright and other intellectual property rights in all specifications, drawing, illustrations, diagrams, course literature and other documents issued by Construction Site Skills will remain the property of Construction Site Skills and may not be reproduced without permission.
- Customers will and shall procure that Attendees will keep confidential any and all confidential information that it may acquire and shall not use any confidential information for any purpose other than the purpose intended by its disclosure by Construction Site Skills and as notified to the Customer and/or the Attendee by Construction Site Skills on disclosure.
- The obligations set out above will not apply to any information which is publicly available or becomes publicly available through no act or omission of the Customer or Attendee, or of which disclosure is required by order of a court or regulatory body of competent jurisdiction, and then only to the extent required to be disclosed.
- No announcement, press release, circular, marketing or other promotion in connection with Construction Site Skills shall be made by or on behalf of the Customer without Construction Site Skills’s written consent except if and to the extent required by law or by any governmental or regulatory authority.
- Force Majeure
- Neither party shall be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure.
- For the purpose of this agreement, “Force Majeure” means any act, omission, cause of circumstance beyond the reasonable control of either party and shall include but not be limited to war, rebellion, civil commotion, strikes, lock outs, industrial disputes, fire, explosion, earthquake, volcanic eruption, act of God, flood, drought or other act or order of any government department, council or other constituted body.
- General Terms and Conditions
- These terms expressly exclude any rights afforded any third party pursuant to the Contract (Rights of Third Parties) Act 1999.
- We reserve the right to revise Construction Site Skills or its Affiliates Terms & Conditions at any time. New Terms & Conditions will apply only to sales and contracts after the new rules come into effect. The Terms & Conditions on our website at the time you placed your order will be the Terms & Conditions which apply to you.
- Law & Jurisdiction
- These terms and conditions and any non-contractual obligations arising out of or in connection with them shall be governed in all respects by the law of England. The parties agree that the courts of England shall have exclusive jurisdiction to determine any dispute arising out of or in connection with the Contract (including in relation to any non-contractual obligations).
- CSCS Card Application
- The CSCS card application assistance service is not a refundable service. Once you have paid this service you will not be entitled to cancel it and will not be able to secure a refund or to claim for any loss or damage of any kind financial or otherwise. The fee paid will be held on your account for 90 Days and can be used towards the HSE Test, Courses, Training or NVQ booking.
- CSCS Health, Safety & Awareness Test
- The HSE Test is administered by CITB.
- If you wish to reschedule your test you must do this at least 72 hours days before your scheduled test date and time.
- Further, you must contact us on a working day. The following is not a working day: weekends (Saturday and Sunday) and Bank Holidays.
- If you fail to contact us as set out above you will be obliged to pay the full charge including any booking fee and our admin charge.
- When contacting us, please have to hand the following information:
- Confirmation Reference Number
- The name and surname of the person booked for the test
- Cancellation Policy
- Your Right to Cancel
- If the HSE Test is cancelled without giving 72 hours’ notice, You will not get a refund.
- Construction Site Skills will not be held responsible for any weather, vehicle break down or any other reason that may stop the candidate from attending the test.
- CITB right to cancel
- Construction Site Skills, CITB reserves the right to cancel (including cancellation on the day of the test) if the Test Centre experiences a problem outside their control (including but not limited to electricity failure, security alert) and in such circumstances you will be offered an alternative test date.
- In addition, Construction Site Skills, CITB may terminate this Contract (without liability to you) if you are in material breach of any of these conditions.
- Refund Policy
- If at the time you contact us, we have not yet booked your test, you will get a refund of the standard Health & Safety test booking fee, which is currently £21.00.
- The test booking is a subject to an administration fee which is not refundable.
- If you contact us after booking confirmation was sent to you (by email or sms or text), you will not be entitled to a refund and our cancellation policy will apply.
- If your preferred date is not available, even though the test is not booked, you will not be entitled to a refund. We will offer you alternative dates until we can find one that is acceptable.
- All refund requests have to be submitted in writing and sent by post or support ticket.
- Construction Site Skills will not be held responsible for expenses incurred beyond the cost of the services that it provides, including but not limited to travel expense and lost wages on the day of the test.
- Booking Fee
- The standard Health & Safety Test booking fee is £21.00. The test is also subject to an administrative charge of £24.00 which covers the cost of our personal booking service, expert customer support as well as other bundled extras.
- The standard CSCS card application fee is £36.00 plus an additional £24.00 administrative charge.
- Construction Site Skills reserves the right to change these prices at any time.
- Courses, Training, NVQ Booking
- Courses, Training, NVQ supplied by selected third party training companies, such third party suppliers will have their own set of Terms and Conditions relating to the services they provide from course commencement.
- It remains your responsibility to adhere to the Terms and Conditions of any third party for the delivery of the course.