1 Interpretation

1.1 In this agreement the following words shall have the following meanings:

The Company:
means FGI Limited of 1 Warwick Innovation Centre, Warwick Technology Park, Gallows Hill, Warwick, CV34 6UW.

Client:
means the person named as the delegate or client on the Purchase Order Form or purchase order.

Course:
means the course stated on the Purchase Order From or purchase order.

Fees:
means the fees specified in writing by the Company to the Client.

Purchase Order Form:
means the Company’s booking form or web booking form.

Venue:
means the venue specified on the Purchase Order Form or purchase order.

Provision of Services
2.1 In consideration of the payment of Fees by the Client the Company agrees to deliver the Course at the Venue.

Booking
3.1 A booking will only be accepted when the Company receives a Purchase Order Form from the Client.

3.2 The Client will only be booked on a Course when the Company receives full payment for the Course.

4. Payment Terms
4.1 If the Client is a UK resident, the Fees for the Course shall be paid by the Client at least 10 working days before the date of the Course, unless alternative credit facilities have been arranged with the Company, or unless clause 4.2 applies.

4.2 If the booking is a passport booking, the Fees for all of the courses on the passport booking shall be paid by the Client within 30 days from the date of the invoice to which the passport booking relates.

4.3 If the Client is not a UK resident, the Fees for the Course shall be paid by the Client at least 20 Working Days before the date of the Course unless alternative credit facilities have been arranged with the Company.

4.4 An invoice for the Fees will be sent to the client upon receipt of the confirmation of booking.

4.5 All Fees are exclusive of VAT.

4.6 Where Clause 4.1 applies FGI reserves the right to charge a 10% surcharge for late payment.  Where the Booking relates to a Client dedicated course, expenses will be recharged at cost, with mileage being charged at 40p per mile.

4.7 Where Clause 4.2 applies, FGI reserves the right to charge a 10% surcharge for late payment.

4.8 Where Clause 4.3 applies FGI reserves the right to charge a 10% surcharge for late payment.  Where the Booking relates to a Client dedicated course, expenses will be recharged at cost.

5. Cancellation and Transfer of Bookings
5.1 The Client may cancel the Booking for the Course subject to payment of the proportion of the Fees stated below:

5.1.1 Where the delegate or Client is a UK resident and the cancellation occurs more than 10 working days before the first day of the course the Client will be charged 50% of the Fees.

5.1.2 Where the delegate or the Client is a UK resident, and the cancellation occurs 10 working days or less before the first day of the course the Client will be charged the full Fee.

5.1.3 Where the delegate or Client is a non-UK resident and the cancellation occurs more than 20 working days before the first day of the course the Client will be charged 50% of the Fees.

5.1.4 Where the delegate or Client is not a UK resident and the cancellation occurs 20 working days or less before the first day of the course the Client will be charged 100% of the Fees.

5.1.5 If the Course is one which requires pre-course materials and at the time of the cancellation the Client has been sent such materials, then the Client will still be liable to pay for them, regardless of any other cancellation Fee.  The Company may waive this payment if the materials are returned to the Company in immaculate condition.

5.2 As an alternative to cancellation the Client may, provided suitable alternative courses are available, transfer their booking to a later Course.

5.2.1 Where the delegate or Client is a UK resident and the request for transfer is made more than 10 working days before the first day of the course, the Company reserves the right to charge a £50 re-scheduling fee.

5.2.2 Where the delegate is a UK resident and the request for transfer is made 10 working days or less before the first day of the Course, 100% of the original fee will be charged in addition to the new booking fee for the later course.

5.2.3 Where the delegate or Client is not a UK resident and the request for transfer is made more than 20 working days before the first day of the course, the Company reserves the right to charge a £50 re-scheduling fee.

5.2.4 Where the delegate is not a UK resident and the request for transfer is made 20 working days or less before the first day of the Course, 100% of the original fee will be charged in addition to the new booking fee for the later course.

5.3 No cancellation or transfer of a booking will be valid unless notified to FGI in writing to administration@fgiltd.co.uk.

6. Cancellation by FGI Limited
6.1 In relation to public schedule courses only, the Company reserves the right to cancel the Course at any time or to vary the content, date or location of the Course.

6.2 Where the Company does change the dates of the Course, the Course content or the Course location it shall give to the Client as much notice as is possible in all the circumstances and the Client shall have the option to transfer at no additional cost to an alternative Course.

6.3 In the event that the Client does not wish to transfer to an alternative Course no refund will be made.

7. Warranties
7.1 The Company warrants that the training will be carried out with reasonable skill and care but the Client acknowledges that due to the complexities of the materials of the Course any material provided will of necessity be a summary only and should not be relied upon without seeking additional clarification from the Company.

8. Jurisdiction
8.1 All disputes claims or proceedings between the parties relating to the validity construction or performance of these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the High Court of Justice in England and Wales, (‘The High Court’) to which the parties irrevocably submit. Each party irrevocably consents to the award or grant of any relief in any such proceedings before the High Court and either party shall be entitled to take proceedings in any other jurisdiction to enforce a judgement or order of the High Court.