Terms and Conditions for Training with Soteria (Risk) Training Ltd

 Introduction

Thank you for choosing Soteria Training Ltd as your training provider. When you book onto a course with us you are entering into an agreement with our company. Soteria Training reserve the rights to change these Terms and Conditions as and when needed.

 Terminology

 “Soteria Training” – Soteria Training Ltd is the recorded name of the company and Soteria Risk Training is the trading name.

“Services” – any courses provided by Soteria Training Ltd.

 “Booking” – any booking made with Soteria Training to deliver courses.

 “Learner” – a company, individual person or organisational representative or body, making the booking as named on the booking form and to whom Soteria Training has agreed to deliver a course/courses too.

 “Group Booking” – where more than one individual is booked into a course at any one time.

 “Statutory Interest” – statutory interest for the Late Payment of Commercial Debts (Interest) Act 1998.

 “Learner Data” - data, information, text, drawings, diagrams, images or sound embodied in any electronic or tangible medium, and which are supplied or in respect of which access is granted to Soteria Training by the Learner pursuant to this Agreement, or which Soteria Training is required to generate under this Agreement, with the exception of Personal Data.

“Confidential Information” information that is classed as confidential can be in oral, electronic i.e.: email form or written form, that concerns the company and any other party leading up to the use of this agreement and contract with the company.

“DPA” means the Data Protection Act 2018.

“Fees” means the fees for the Services set out in the price list current at the Effective Date.

“Soteria Training” means Soteria Training Limited, a company incorporated in England and Wales, company number SC672590  and having its registered office at Muiryhill Farm, Durisdeer, Thornhill, DG3 5BT.

“Personal Data” means any personal data or sensitive personal data (as defined in the DPA) which relate to a living individual, including data relating to the physical or mental health or condition of an individual and which are supplied or in respect of which access is granted to either party pursuant to this Agreement.

“Services” means the work to be carried out by Soteria Training for the Learner.

 1) Eligibility for Courses

  I.  When agreeing to these Terms and Conditions you are confirming that you are proficient in English and that you are able to read and write fluently in the language that the course is to be delivered in.

 II. Refunds will not be issued if you have ignored clause 1) in our Terms and Conditions and you cannot complete the course due to a language barrier. This will indicate that you have unwillingly not provided the correct information to Soteria Training and therefore course fee will not be refunded. 

  III.  Before booking the course please make sure that you read any pre-requisite that the course information provides, if any, so that Soteria Training can undertake the provision of course delivery in an effective and timely manner.

 2) Booking Courses with Soteria Training

I.  Learners can book using our online booking system on www.soteriarisktraining.co.uk or via telephone.

II.  A deposit will be required for each course upon booking see Fees and Deposits below.

III.  Full payment of the course must be paid 10 working days before the course takes place, unless otherwise agreed.

IV.  If a learner does not adhere to clause 6) then they could forfeit their placement on the course they have chosen.

V.  Soteria Training has the right to terminate a place on the course if term … is not adhered to and a learner’s conduct is deemed as unacceptable behaviour. 

VI. Soteria Training must be informed if a learner is to be late for a course or will be absent. Failure to do so could lead to full payment taken for the course. However, where possible we will aid the learner to book into another course if the reason is deemed valid by Soteria Training’s management.

VII.  Soteria Training delivers courses in and out of house. If the course is to be delivered off-site at a Learners’ location, the Learner must ensure that accurate information is given about the training area. Once risk assessed and approved by Soteria Training any changes, after the fact, must be issued in writing to admin@soteriarisktraining.co.uk well within commencement of the course. Failure to do so could lead to course cancellation and any deposit forfeited by the learner.

 3) Fees and Deposits

I. Courses will be confirmed only when a 35% deposit is put down.

 II. Group bookings will be subject to a 50% per-cent deposit on booking.

 III. Full payment of course fees must be paid in full before the beginning of the course. Failure to do so will result in the loss of deposit.

 IV.  Soteria Training reserves the right to amend charges from time to time.

 4)  Attending our course

l. Non attendees to a course will not be refunded

ll. Once an inquiry has been made to Soteria Training Ltd you will be issued with a Booking Form and Soteria Training Joining Instructions.

lll. It is the Learners responsibility to inform the company if this has not been received.

lV. A completed Booking Form & Joining Instructions must be completed & Terms and Conditions read and agreed.

V. The Learner must email admin@soteriarisktraining.co.uk and apply for a reissue of these booking forms if they happen to become lost or deleted. Without the form our company cannot do credible checks or have the correct information for course attendance so this is key to the company administration system pre course attendance.

5) Failure to attend

 l. If a Learner fails to attend the course booked, or indeed any part of the course then the course fee will still be payable in full and course fees will not be refunded.

ll. If there is a valid reason why the learner must leave the course, part way through, then we will offer an alternative course date in order for the leaner to complete the course. A valid reason might be to attend a hospital appointment or illness – doctor’s note and proof will be required.

lll. At the discretion of Soteria Training if an insufficient number of students attend any one day, the course or part of the course may be postponed or cancelled in accordance with these Terms and Conditions.

6)  Procedure of cancellation or course amendment

 I. If a learner needs to amend or cancel a course booking then this should be done in writing via email.

 II.  We reserve the right to charge administration fees if these are incurred.

 III.  Any changes or amendments to course dates must be made two weeks minimum prior to course commencement. This does not count for group bookings. Please see Procedure of group bookings amendments and cancellations. 

 IV.  In correspondence with clause 6.III. Soteria Training will try and facilitate a change of course or amendment of date free of charge subject to course availability.

  V.   An alternative course must be booked within 12 months of the original course date. If this is not done within the allotted time frame of 12 months then the course fee will be fully payable and no refund given.

  VI.  If we are unable to find an alternative course date then cancellation fees will be applied.  

 VII.  If the alternative course is subsequently cancelled then no refund will be issued.

VIII.  Cancellation made 8 weeks prior to the course being delivered will forfeit the full course fee.

 IX.  A booking made online or by telephone you have a legal right to exercise to cancel a contract under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 (Distance selling regulations).

 X. Cancellation charges will be calculated and an invoice sent to the Learner on a sliding scale from the date Soteria Training receives the written notice of cancellation as follows:

(a) For cancellation more than 14 working days before the date of course commencement the Learner will be charged 50% of the course Fee.
(b) For cancellation between 14-7 working days before the date of course commencement the Learner will be charged 75% of the course Fee.
(c) For cancellation between 7 working days and 24 hours before the date of course commencement, the Learner will be charged 100% of the course Fee.

 XI.  Transfers made less than ten (10) working days before the date of course commencement are subject to a 25% administration charge.

 XII. Substitutions can be made at any time at no additional charge.

XIII.  Non attendances shall not be refunded.

 7)  Procedure of group bookings amendments and cancellations

 l. There will be no refund within the period of 8 weeks prior to course commencement.

ll. If a cancellation takes placed on or after the course date that has been booked there will be no refund issued. 

lll. Where substitution of a Learner is required, or change in number of those attending a course, this must be done so in writing, via email at least 2 weeks prior to the booked course date. Soteria Training cannot always guarantee that we will be able to facilitate the changes required.

lV. A £20.00 admin charge is applicable to any changes to group bookings.

V. Any substitute Learners must satisfy any course pre-requisite, such as language and physical fitness.
An administration fee of £40 is payable for change to group course dates.
For cancellations in the event of National Emergency such as a reportable communicable disease where local and national UK Government have not advised against travel, bookings will be subject to terms and conditions.  Where local and national UK Government have advised against all but essential travel or restricts travel, Soteria Training will reschedule your course date to later in the year.
 

8)  Cancellations by Soteria Training

l. Soteria Training will not be held accountable if a course is cancelled due to unforeseen circumstances such as natural disasters, disease or virus related matters, such as but not exhaustively, COVID-19 or anything other eventuality that might hinder the company in delivering services rendered.

ll. If unforeseen circumstances interfere with Soteria Training delivering courses then course dates and times will be subsequently transferred to another suitable date, this will be done within consultation with the Learner.

lll. All courses are offered on the basis of Soteria Training being satisfied that there are sufficient Learners in order to run the course.

lV. If at any time Soteria Training, in its sole discretion, determines that the number of Learners does not justify running any course and decides to cancel or postpone a training course, Soteria Training liability for such cancellation shall be limited to a refund of any Fees paid for such course.

V. No refunds shall be given if the Learner attends any rescheduled course or any other course instead of the cancelled course.
 

9) Fitness to attend

l. Where a course requires  the learner to take a medical to attend the course, it is the Leaners sole responsibility to ensure that a medical is taken and a valid certificate produced in order to meet the course pre-requisites.

ll. For all other courses that require a level of physical activity, it is the Learner’s sole responsibility to ensure that themselves or their delegates are physically able to attend, free from respiratory disorders, heart disease or other medical conditions.

lll. Soteria Training reserves the right to ask any course attendee to complete a medical disclaimer form and to complete a series of reasonable physical tests in order to assess their fitness to attend any training course provided by Soteria Training.

lV. If the Learner or Learner’s delegates have a disability, Soteria Training must be notified when the booking is made.

V. Soteria Training will risk assess and endeavour to overcome any obstacles that disabilities might present in delivering the course to the best of our ability. 

Vl. However, we reserve the right to decide, without prejudice, the acceptance of disabled Learners on to our courses due to training being unsuitable or dangerous for disabled learners.

Vll. Soteria Training also reserves the right to request potential Learners to provide an up-to-date medical certificate.

Vlll. Soteria Training, without prejudice, reserves the right to turn Learners away if it believes that a safety risk is posed.

lX. Soteria Training shall not be liable for any injury or illness to the delegate other than resulting solely from Soteria Training’s negligence.

X. Learners may be asked to re-attend on another date if they arrive for the course in an unfit state due to seasonal illness such as infectious respiratory disorders that disrupt the running of the course and affects other participants.
 

10) General requirements

 I.  Soteria Training courses are delivered in the English language. Learners must have a good grasp of English language and it’s the Learner’s sole responsibility to ensure that themselves or their delegates can cope with the language requirements and written assignments.

II.  Soteria Training must be informed if there are any language barriers at the time of booking.

III. The Learner must make known, any special requests such as dietary, religious, allergies and health/disability requirements, to Soteria Training at the time of booking. It is the Learner’s responsibility to ensure that these are listed at time of booking on the joining instructions sent out. If this information received then it’s the sole responsibility of the Leaner to inform Soteria Training of this.

IV.  If Soteria Training is not made aware of this information at the time of booking, then Soteria Training will not be liable for not taking any of these requirements into account.

 V.   All business with Soteria Training relating to the provision of Services is transacted on the terms set out in this Agreement. These terms prevail over any inconsistent terms and conditions contained in, or referred to, in the Learner’s purchase order, confirmation of order, acceptance, correspondence or otherwise.
This Agreement constitutes the whole agreement and entire understanding between the parties hereto in respect of the subject matter of this Agreement and supersedes all previous agreements, correspondence, discussions, representations, quotes or estimates relating to its subject matter.

 VI. This Agreement is severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of this Agreement.

 VII.  Nothing in this Agreement shall constitute or be deemed to constitute a partnership, agency or joint venture between the parties hereto or constitute or be deemed to constitute either party the agent of the other for any purpose whatsoever and neither party shall have any authority or power to bind the other or to contract in the name of or create a liability against the other.

VIII.  Unless otherwise agreed in writing, no failure by either party to exercise any right or remedy available to it hereunder nor any delay so to exercise any such right to remedy shall operate as a waiver of it nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

IX.  Any notice given will not be posted but emailed to Soteria Training. The provisions of this Agreement which by their nature and/or implication survive expiry or termination of the Agreement shall remain in full force and effect after such expiry or termination.

X. Neither party may assign, novate or transfer this Agreement, or part thereof, without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.

XI. The Learner acknowledges the investment made by Soteria Training in the training and development of staff to deliver the Services under this Agreement. For a period of twelve (12) months from delivery of the Services, the Learner shall not (and shall procure that its affiliates or associated companies shall not), whether directly or indirectly or alone or jointly or as a principal or agent, solicit or entice any employee, agent, contractor or consultant working for Soteria Training to leave his or her employment with Soteria Training without the prior written consent of Soteria Training. Where a member of Soteria Training’s staff accepts an offer of employment with the Learner, then the Learner will pay to Soteria Training such sum representing 100% of the annualised earnings of that employee including bonus payments while employed by Soteria Training.

XII. The provisions of this clause shall not apply to recruitment fairs, job advertisements on the Learner’s website or in the local press or trade publications, radio or television advertisements or other indirect recruitment procedures which are operated in the public domain.

11) Governing Law & Jurisdiction

 I. This Agreement shall not give rise to any rights enforceable by a third party pursuant to the Contract (Rights of Third Parties) Act 1999 but without prejudice to any rights or remedies that exist or are available apart from that Act.

II.  Any dispute, claims, controversy or court proceedings between Soteria Training and other parties relating to this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) will fall within the jurisdiction of Scots Law in Scotland.

12) Duplicate Certificates

 I. Requests for duplicate certificates must be made in writing, stating the relevant course title, date, delegate name and date of birth. An administration charge of £15.00 per copy certificate will be made in addition to the certifying body’s own fee in this regard. These sums must be paid in advance of the duplicate certificate being issued.

15) Force Majeure

I.  No failure or omission by either party to carry out or observe any of the obligations to be performed hereunder shall, except as herein expressly agreed to the contrary, give rise to any claim against such party, or be deemed to be in breach of contract, if such failure or omission arises from a force majeure event.

 II.   A force majeure event is an event beyond the reasonable control of the affected party, which renders the performance of its obligations hereunder inadvisable, commercially impracticable, illegal or impossible, including but not limited to sickness of Soteria Training staff who cannot be replaced.

 III.  In the event that the Services cannot be rendered as a result of a force majeure event, the time for performance shall be extended for a reasonable period.

16) Termination

I.  Soteria Training may terminate this Agreement immediately if the Learner materially breaches the terms of the Agreement and does not remedy that breach (where such breach is capable of remedy) within such reasonable period as Soteria Training specifies.

II.   Soteria Training may at any time by notice in writing terminate this Agreement from the date of service of such notice if there is a change of law, regulation, legal decision or change of policy direction by government or decision of the other relevant regulatory authority which necessarily renders the existence or performance of this Agreement void, invalid or fundamentally frustrated, or which leads to a substantial increase in the ongoing costs of Soteria Training.

III.  Upon termination of this Agreement for any reason whatsoever Soteria Training shall cease to perform any of the Services

lV.  Any outstanding Fees shall remain due and payable by the Learner to Soteria Training in accordance with the terms of this Agreement.

17) Media Usage

I.  When you book with Soteria Training you are giving permission for the company to use pictures or recordings that are taken during training. These can be used acrosssocial media channels, on the internet and in promotional information for the company Soteria Training.

18) Data protection

I.  Any Learner data collected about the booking, delivery and results of course will be stored and disposed of as per The Data Protection Act 2018.

II.  Soteria Training reserves the right to contact Learners regarding future courses and will honour any request to stop correspondence.

19)  Appeals and Complaints regarding services

I.  If services are unsatisfactory to the Learner at any time then the first point of call is to notify the instructor running the course.

 II.  If not immediately resolved then the Manager or Operations Manager should be informed in order to resolve any issues.

III.  In the event that the issue is not resolved then Soteria Training needs to be informed by writing in an email to admin@soteriarisktraining.co.uk

IV.  This must take place 28 days after the end of the course or service provided.

V.  Complaints and Appeals policy is available at all times upon request.

 20) Onsite Conduct and Policy

I.  Smoking: Soteria Training has a non-smoking indoors policy, there is designated smoking areas outside of the centre. A fine of £150 will be issued for smoking in the accommodation or communal rooms to cover fumigation and cleaning.

II.  Any breach of our smoking policy will result in course termination and no refund issued.

 III. Drugs: Strictly no drugs allowed. Drugs found will mean police involvement and termination of course with no refund.

 IV.  Code of Conduct: There will be no unreasonable behaviour accepted at Soteria Training. Course attendees are expected to behave in a courteous manner in the classroom and in the living accommodation. We have a zero bullying tolerance. This behaviour may result in course termination where no refund will be given.

21) Accommodation

I.  Deposit: On booking accommodation on-site a 25% non-refundable deposit will be required; the remainder would need to be paid 7 days prior to arrival at the centre.