“Contract” means the agreement for LR to provide Training to the Client as set out herein.
“Client” means the Client and its delegates (referred to overleaf) for whom LR is providing the Training.
“Conditions” means these terms and conditions.
“Fees” means the fees and expenses for the Training as stated overleaf.
“LR Group” includes LR, its affiliates and subsidiaries, and the officers, directors, employees, presenters, representatives and agents of any of them, individually or collectively.
“Notice” means notice given in writing, and shall be deemed to be given upon actual receipt.
“Training” means the agreed training services (detailed overleaf) which will be provided to the Client by any member of the LR Group.
2.1 Provisional Bookings
Provisional bookings must be confirmed in writing within 10 working days.
2.2 Confirmed Bookings
After this booking confirmation is received a legally binding Contract is formed and these Conditions apply.
- Fees and Payment
The Client agrees to pay all undisputed portions of Fees for the Services within 30 days of the invoice date. LR reserves the right to charge interest at an annual rate of 2% above the greater of the London Interbank Offered Base Rate (LIBOR) or the equivalent in the country where the Client maintains its principal office on any amount remaining unpaid beyond 30 days, and may withhold any or all Services until the arrears, including interest, are paid. Fees do not include any tax, including but not limited to Value Added Tax, Goods and Services Tax, withholding taxes, turnover taxes, surcharges or duties as required by law, and if required, any such tax or duty is chargeable to the Client and payable by the Client in addition to the above referenced fees. The Client shall pay the full Fees as invoiced irrespective of whether the Client is required by law to withhold any taxes or duties from the invoiced amount.
No member of the LR Group nor the Client shall divulge or allow to be divulged to any person any confidential information disclosed by the other party in connection with the Training. This obligation will survive termination of the Agreement. This obligation will not apply to confidential information which is in the receiving party’s possession before its disclosure, that is or becomes part of the public domain through no fault of the receiving party, or that otherwise becomes available to the receiving party from an independent source not under a confidentiality obligation.
5.1 The course material for the Training has been designed as an integral part of the Training solely for the benefit of delegates attending the Training. The material does not stand on its own and is not intended to be relied upon for giving specific advice.
5.2 The LR Group will not be liable by reason of breach of Contract, negligence or otherwise for any loss occasioned by the Client acting, omitting to act or refraining from acting in reliance upon the Training course, the presentation of the Training, or any other aspect of the Training. Nevertheless, if the Client suffers loss, damage, or expense that is proved to have been caused by any negligent act, omission, or error of the LR Group or any negligent inaccuracy in information or advice given by or on behalf of the LR Group, then LR will pay compensation to the Client for its proven loss up to but not exceeding the amount of the fee (if any) charged by LR for that particular Training, service, information, or advice.
5.3 Notwithstanding the previous clause, the LR Group will not be liable for any loss of profit, loss of contract, loss of use, or any indirect or consequential loss, damage, or expense sustained by any person caused by any act, omission, or error or caused by any inaccuracy in any information or advice given in any way by or on behalf of the LR Group. Consequential loss means any loss of anticipated profits, damage to reputation or goodwill, loss of expected future business, damages, costs or expenses payable to any third party or any other indirect losses.
- Intellectual Property
Any intellectual property rights arising from or relating to the Training, including copyright in the course material, shall belong to the LR Group. No part of the course material may be reproduced in any form without the prior permission of LR.
- Cancelling Bookings
The only payments LR will make in the event of cancellation are for cancellations made in writing and received:
* Over 20 working days before the start date of the course; the course fees will be refunded
* 11-20 working days prior to the start date of the course; a charge of 50% of the course fee will be payable
* 10 working days or less before the start date of the course; the full course fees will be charged.
- Booking Amendments
8.1 Delegate Substitution
There will be no charge if a substitute person wishes to replace the original delegate.
8.2 Notwithstanding termination of this Contract the provisions of clauses 3, 4, 5, 6, 7 and 9 shall continue to apply.
- Governing Law
Any dispute, claim or litigation between any member of the LR Group and the Client arising from or in connection with the Services provided by LR shall be subject to the exclusive jurisdiction of the English courts and will be governed by English law.
10.1 No relaxation, forbearance, delay or indulgence by LR in enforcing any part of this Contract or the granting of any time by LR shall prejudice or affect or restrict any of LR’s rights and nor shall any waiver by LR of any breach operate as a waiver of any subsequent or continuing breach.
10.2 Nothing in this Contract shall create rights pursuant to the Contracts (Rights of Third Parties) Act 1999 in favour of any person who is not a party to this Contract.
10.3 No provision shall be deemed severable and of no force or effect.
10.4 The Client has a duty to provide a safe place of work for LR’s surveyors. This duty relates to places of work which are under the control of the Client which can include ships, shipyards, offshore platforms, factories, foundries, refineries and offices.
- Entire Agreement
The parties agree that this Contract constitutes the entire agreement between them, and supersedes all previous drafts, agreements, arrangements and understandings between them, whether oral or written.
- Anti-Bribery and Anti-Corruption
The parties shall comply with all applicable laws, statutes and regulations relating to anti-bribery, anti-corruption and personal data protection.