TERMS & CONDITIONS FOR TRAINING COURSES
KEY INFORMATION AND GUIDANCE FOR ACCESSING TRAINING SERVICES
EFFECTIVE FROM FEBRUARY 2022
The following constitute the terms and conditions to which applicants agree when booking any CMS Training face-to-face training or e-learning courses (“Terms & Conditions”).
These are the terms and conditions on which we supply training services to you, as a business customer or consumer. These terms tell you who we are, how we will provide training services to you, how we, or you may change or end the contract, what to do if there is a problem and other important information.
Depending on whether you are a business or consumer, under these terms you may have different rights.
CMS Training reserves the right to review and update these Terms & Conditions periodically at its sole discretion.
BY ACCEPTING THIS AGREEMENT, EITHER BY SUBMITTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY USING OR ACCESSING ANY TRAINING SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Who we are: We are CMS Training, a subsidiary of Central Medial Services Ltd, company registered in England and Wales. Our company registration number is
07643110 and our registered office is at Unit 2, Park Place, Robey Close, Linby, Nottinghamshire, NG15 8AA.
How to contact us: You can contact us by telephoning our training team on 0115 857 0999 opt. 2 or by emailing us at firstname.lastname@example.org.
How we may contact you: If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your booking. We may from time to time contact you using alternative communication channels, which may include social media, web chat or SMS.
What these terms cover: These are the terms and conditions on which we supply training services to you, either as a consumer or a business customer. Please be aware that you may have different rights under these terms dependent on if you are using our services as a business or an individual consumer.
Why are these terms important: These terms tell you who we are, how we will provide training services to you, how you, or we, may change or end the contract. What to do if there is a problem and other important information.
How to book a course
First Steps: Please place your initial booking with CMS Training via the website booking system or directly to the training team via email at email@example.com or telephone on 0115 857 0999 option 2.
You will be sent an electronic course enrolment form which will include details of the course and deposit and payment terms. If booking via the website our acceptance of your booking will take place when you have placed that booking and paid the deposit. If booking directly with the training team our acceptance of your booking will take place when we have received your completed enrolment form, deposit is paid, and we have emailed you with a booking confirmation. At which point a contract will come into existence between you and us.
If we are unable to accept your booking: If we are unable to accept your booking, we will inform you of this and will not charge you for the training course. This might be because the training course is fully booked, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the training course.
Your responsibility to book the correct training course: You acknowledge that you are responsible for the booking of the correct training course for you.
Training course details
During the booking process we will let you know when and where the training course will be taking place. We will provide joining instructions at around a week prior to the training course commencing.
Your rights to make changes: If you wish to make a change to the training course you have booked, please contact us directly. We will let you know if the change is possible. If it is possible, we will let you know if that change affects the price of the training course, the timing of the training course or anything else which would be necessary as a result of your requested change, we will then ask you to confirm whether you wish to go ahead with the change in writing to us.
Should you choose to transfer your booking please contact us on 0115 857 0999 option 2 or firstname.lastname@example.org to transfer your booking to
another individual or training course.
If you wish to transfer your booking on a specific training course to another individual, this is not subject to any transfer fee.
If you wish to transfer your booking from one training course to another training course, this is subject to a fee as set out below:
More than 4 weeks before the training course is due to commence - No Charge
Between 2-4 weeks before the training course is due to commence - 25% of deposit amount will be charged as a transfer fee
Between 1-2 weeks before the training course is due to commence - 50% of deposit amount will be charged as a transfer fee
7 days or less before the training course is due to commence - 100% of deposit amount will be charged as a transfer fee
Any transfer of booking will not be completed until:
you have received an email confirming your booking onto an alternative training course; or
the individual to whom you are transferring your booking has received an email confirming their booking.
You must not resell or offer for resale at a premium, your booking on the training
course unless expressly authorised by us. These are grounds for cancellation by us.
Our rights to make changes:
We may occasionally need to change the training courses to reflect changes in relevant laws, regulatory requirements, awarding organisation requirements, and/or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect the training course.
In the event that we need to make significant changes to the training course or these terms, we will notify you and you may then contact us to transfer the booking to another individual at no cost, or to transfer your booking to another course (for which a transfer fee may be payable).
Please ensure that you or any individuals that you book onto training courses are suitable for that training course. This means that you or they are free from any condition that may affect the capability to undertake the course effectively. We welcome learners with disabilities, but it is the individual’s responsibility to ensure that CMS Training have been notified of any additional needs, so that appropriate support measures, special considerations or adjustments can be made prior to the course start date.
We ask that learners have a good basic understanding of the English language, we may be able to offer additional support to those learners that do not have English as their first language, however any requests for this must be made in advance of the course start date.
You will have received your course information at around 1 week prior to the course commencing, we ask that you arrive to your course ready to learn at the start time, we appreciate that there may occasionally be circumstances outside of your control which may delay you, please ensure that you contact the training team if this is the case.
Occasionally there may be occasions that the training course is delayed due to circumstances outside of our control, if this is the case, we will endeavour to contact you to inform you of the circumstances as soon as possible and will take steps to limit the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay, we will use reasonable endeavours to book you onto an equivalent training course.
If a learner does not achieve the required learning outcomes or has not met the assessment standards, we shall inform the participant and we reserve the right to charge for any further training or coaching over and above that provided on the training course.
Removal from course:
We reserve the right to refuse to allow you, or any person booked by you, to participate, or continue to participate, in the training course if you:
give cause for concern that your continued participation may cause offence
or injury to yourself or other participants.
do not arrive in time for the training course or miss a substantial part of it.
are deemed by us (acting reasonably) to behave inappropriately.
are, in our reasonable opinion, under the influence of drugs and/or alcohol.
are not dressed appropriately throughout the course.
do not maintain appropriate personal hygiene. We recommend that no heavily scented perfumes, colognes, or lotions are used.
do not meet the minimum age requirement for the training course.
Your removal from the training course will entitle us to end the contract. Your removal from the training course under this clause will not entitle you to any refund.
Ending this contract
Your rights to end the contract: Your rights when you end the contract will depend on what you have purchased, if there is anything wrong with it, how we are
performing, when you decide to end the contract and whether you are a consumer or business customer:
• If the training course is misdescribed you may have a legal right to end the contract: (or participate in an equivalent training course or to get some or all
of your money back)
• If you want to end the contract because of something we have done or have told you we are going to do:
o we have told you about an upcoming change to the training course or these terms which you do not agree to
o we have told you about an error in the price or description of the training course you have booked, and you do not wish to proceed
o you have a right to end the contract because of something we have done wrong.
If you are a consumer and have just changed your mind about the training course, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions (such as any administration fee);
o Under the Consumer Contracts Regulations 2013, if you are a consumer then for most products and/or services bought online you have a legal right to change your mind within 14 days and receive a refund. Your 14-day cooling-off period starts from the day you receive your confirmation of booking email from us. However, if the training course takes place during the cooling-off period and you take part in the training course you cannot change your mind, even if the cooling-off period is still running.
• In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), you may end this contract, but would be subject to fees as outlined below:
More than 7 days prior to the training course starting the full deposit will be retained by CMS Training.
Less than 7 days prior to the course start, the full course amount will be retained, unless:
you are prevented from participating, for example, due to injury or ill health, then you can defer your booking to another training course in the same calendar year, or
transfer your booking to another individual
In all cases, a notice of cancellation must be confirmed in writing and addressed to the contact details on the booking confirmation. If you are entitled to a refund under these terms, we will refund you any monies owed, less any administration fee, by the method you used for payment.
Our rights to end the contract: We may end the contract for a training course at any time to you if:
we remove you, or any person booked by you, from the training course due to one of the reasons listed in this agreement
you do not make any payment to us when it is due
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the training course
you or the participant arrives late for a course or is absent from any session, we reserve the right to refuse to accept that participant for training, if we decide that the participant will gain insufficient knowledge or skill in the time remaining.
To conform with Health & Safety Executive (HSE) requirements for statutory certificates, attendance at all sessions is mandatory.
Prices and Payments
Prices for all training courses are displayed on our website and social media pages.
We endeavour to ensure pricing is correctly displayed, however despite our best efforts sometimes we may get incorrect pricing advertised. Where the training course’s correct price at your booking date is less than our stated price at your booking date, we will refund the difference. If the training course’s correct price at your booking date is higher than the price stated to you, we will contact you for your instructions, if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
At the time of booking, you must pay a 10% deposit to secure your place on the training course, with the remaining balance due 7 days prior to the course start date. Payments can be made via the website, or by bank transfer to the details provided on your course enrolment form. The course must be paid in full by this date or the contract will be ended.
If you are a business customer and require an invoice in order to make payment, you must provide us with a valid purchase order number and the invoice will be payable within 30 days from the date of the invoice.
When you book directly with CMS Training, we will only use that information for the purpose that it is required for. We will use your name and contact details to take your booking and send you joining instructions, and to provide you with the training and to issue your certificate. If your course is externally accredited, we will provide your name, contact details, and course outcome to the awarding organisation. The awarding organisation becomes the data controller for that information. We keep your information for 5 years after you have completed your training course.
If you have any questions about how we use your information, please contact our training team by email at email@example.com or 0115 8570999 option2
Awarding organisations that CMS Training have accreditations to deliver training
courses with are:
The awarding organisations have their own privacy policies in place and can be found on their websites.
Intellectual Property Rights and Confidential Information
We may distribute materials during a training course that you can take away with you. All intellectual property rights in any such materials shall be owned by us.
Participation in the training course does not confer any intellectual property rights on you to use, alter, copy, or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property of CMS Training.
In the event that we disclose any confidential information to you, you agree that you shall not at any time disclose to any person any such confidential information except at may be required by law, court order, or any governmental or regulatory authority.