The terms under which the trainings, the equipment and the participation records are provided: what is included, what the customer provides, how long an agreement runs, and how it ends.
These terms apply to every agreement between [company name] and a customer about safety training, the equipment provided with it, and the records that come out of it.
They apply to companies, not to consumers. Terms of the customer that conflict with these apply only where they have been accepted in writing; silence is not acceptance.
Where an individual agreement says something different from these terms, the individual agreement wins.
Four words carry most of the text below. They are defined once here rather than explained again in every section.
An offer from us is an invitation to order and is not binding. The agreement comes about when we confirm the customer's order in writing, or when we begin to perform it.
What the agreement covers is set out in the order confirmation: the modules, the number of sites, the term, and the number of learners included.
Unless the order confirmation says otherwise, an agreement covers the following, and each of them for the whole term:
The trainings supplement the safety instruction the customer is required to give. They do not replace it, and nothing in these terms is to be read as saying that they do. Responsibility for the statutory instruction stays with the customer.
A session needs very little from the customer, but it needs that reliably:
If a session cannot take place because one of these is missing, the appointment counts as held. This is the only case in which that applies.
The equipment stays our property throughout. The customer receives it on loan for the term and may use it only for the agreed trainings.
The customer keeps it in a lockable place and reports damage and loss without delay. Ordinary wear is ours to bear; we service and replace worn equipment at our cost.
Damage caused deliberately or through gross negligence by the customer's people is charged at [rate]. At the end of the term the equipment is collected by us; the customer does not have to send anything back.
We record who took part, in what, and when. We do not grade anyone, we do not measure anyone against anyone else, and we do not hand the customer a ranking.
The record can be exported by the customer at any time and imported into the systems the customer already keeps. What the customer then does with it is the customer's own responsibility, including under data protection law.
The agreement runs for [initial term] from the date in the order confirmation. It renews for [renewal period] at a time unless one side gives notice [notice period] before the end of the current term.
The right of either side to terminate for good cause is not affected. Notice is given in writing.
The fees are the ones set out in the order confirmation: [fees, per module and per learner, as agreed in the order form]. No prices are published on this website.
Invoices are issued [invoicing interval] and are payable within [payment period] of the invoice date, without deduction. Where a term is extended or a site added, the fee is adjusted from the date of the change.
[Liability provisions, drafted by the client's lawyer.] The section will set out the cases in which liability is unlimited, the cases in which it is limited to foreseeable damage typical of this kind of agreement, and the cases in which it is excluded.
It will also state that the exclusions do not apply to injury to life, body or health, nor where a defect has been concealed, nor where a guarantee has been given.
Where we process personal data on the customer's behalf, a separate agreement on processing is concluded before the processing begins. It sets out the subject, the duration, the categories of data and the safeguards.
How this website handles data is described in the privacy notice. It is not part of these terms.
We may amend these terms with effect for future agreements. For a running agreement, an amendment applies only if the customer has been notified [notice period] in advance and has not objected within that time.
The notification will say what changes, and it will say that silence counts as agreement. Where the customer objects, the agreement continues on the previous terms until the end of its current term.
[Governing law.] The place of jurisdiction for all disputes arising from this agreement is [place of jurisdiction], provided the customer is a merchant, a legal person under public law, or a special fund under public law.
Should a provision of these terms be or become invalid, the remaining provisions stay in force.