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These terms and conditions are between 1st4Solutions Ltd and the Customer. These replace any previous terms and conditions of 1st4Solutions Ltd and are the complete and only terms and conditions between the parties. All dealings between 1st4Solutions Ltd and the Customer shall be governed by these terms and conditions which shall prevail over any others. A binding contract will be formed when 1st4Solutions Ltd accept a Customer's order for goods or services (the "Contract"). An invoice will be dispatched prior to delivery of the goods or performance of the services and shall be payable 7 Days prior to commencement of training (subject to paragraph 5). Certificates to prove completion of the course may be withheld by 1st4Solutions Ltd until payment is made. No refund shall be given should a delegate fail any course provided by 1st4Solutions Ltd and 1st4Solutions Ltd makes no guarantee as to a delegate successfully passing any course. A copy of these terms and conditions will be dispatched with invoices. If the Customer has not had prior sight of them and reasonably' objects to any of these terms and conditions, the Customer shall be entitled to notify such objection to 1st4Solutions Ltd within 7 days of first sight (failing which these terms and conditions will be deemed to have been accepted) and, provided a solution to the objection cannot be reached between the parties, cancel the Contract without penalty after 7 days of such notification. If the Customer notifies 1st4Solutions Ltd in writing of an intention to cancel any course booking more than 2 weeks prior to the commencement date a full refund shall be given, within 1-2 weeks of the commencement date a refund of 50% shall be given and less than 1 week prior to the commencement date no refund shall be given. No refund shall be given if a delegate does not attend and the full course fee shall remain payable. Unless specified, Value Added Tax will not be included in any price and will be charged at the rate in force at the time of quotation. Interest on overdue invoices. Should an invoice become overdue, The Customer agrees to pay a 20% of all monies owed Administration fee to cover additional work conducted by 1st4Solutions Ltd in informing the customer of the outstanding invoice. Furthermore 1st4Solutions Ltd reserves the right to refer overdue accounts to a collection agency who may apply relevant interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998. Certification for ALL courses shall only be forwarded to one Address per customer, on successful receipt of payment. 1st4Solutions Ltd shall not be liable to the Customer by any failure to perform any obligations under the Contract if the failure is due to any cause beyond 1st4Solutions Ltd reasonable control. 1st4Solutions Ltd reserves the right to cancel and/or amend course dates, times, contents and venues. Every effort will be made to give the Customer as much notice as possible and offer a reasonable alternative. If these are not satisfactory, 1st4Solutions Ltd shall refund in full the price of the course. No further compensation will be given. 1st4Solutions Ltd reserves the right to remove or amend any part of its publications without prior notice or consultation. Whilst every effort has been made to ensure the accuracy of the information contained in the publications, 1st4Solutions Ltd shall not be liable for any inaccuracies or for any subsequent mistreatment of any person or property, however caused. The Customer shall indemnify 1st4Solutions Ltd for any loss or expenses caused as a result of providing inaccurate information to 1st4Solutions Ltd, mistakes contained within the Customer's order, changes to the Contract requested by the Customer, the cancellation of the Contract by the Customer or breach of the Contract by the Customer (subject to 1st4Solutions Ltd using all reasonable endeavours to minimize such loss). The Customer shall not be entitled to set-off or deduct any amount from any invoice unless otherwise agreed by 1st4Solutions Ltd. If the Customer becomes bankrupt or enters into liquidation, administration or administrative receivership or has a receiver of any of its assets appointed (or ceases or threatens to cease carrying on business) 1st4Solutions Ltd shall be entitled to cancel any outstanding Contract(s) and/or suspend further deliveries or services without liability to the Customer and any sums outstanding shall become immediately due. Any dispute which cannot be resolved between the parties should be referred to the decision of a sole arbitrator to be agreed between the parties or, in default of agreement, appointed at the request of either party by the President of the Chartered Institute of Arbitrators. Arbitration shall take place in accordance with the Arbitration Act 1996. Any written notice given under these terms and conditions shall be served either by registered post or by facsimile to the relevant party's registered/principal office or last known address. These terms and conditions shall be governed and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts. In the event that one or more clauses of these terms and conditions become invalid, illegal or unenforceable, the enforceability of the remaining provisions shall not be affected.
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