Adobe Software Training

These terms and T&Cs (“T&Cs”) apply to the training provided by MediaCity Training Ltd.

 

  • The following definitions and rules of interpretation apply in these T&Cs.

 

    1. Definitions:

Booking: the order for Training made by You which is accepted by Us in a Booking confirmation email or letter.

Contract: the contract between the Trainer and You for the supply of Training in accordance with these T&Cs.

Course Date: the day or days on which the Training relating to a particular Booking is to be delivered, normally weekdays (Monday to Friday) excluding public holidays in England.

Customer / You: the person or firm who purchases Training from the Trainer.

Customer Default: has the meaning set out in clause 4.2.

Due Date: the date You must have paid the Fees by which is at least 2 weeks prior to the Course Date unless We confirm otherwise.

Fees: the fees payable by You for the supply of the Training in accordance with clause 5 (Fees and payment).

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trademarks, business names and domain names, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Personal Data: has the meaning set out in section 1(1) of the Data Protection Act 1998 and relates only to personal data, or any part of such personal data, in relation to the provision of the Training under the Contract.

Professional: the individual assigned by the Trainer to deliver the Training in accordance with the Specification.

T&Cs: these terms and conditions as amended from time to time.

Trainer / Us / We: MediaCity Training Ltd, a company registered in England and Wales with company number 09808661.

Training: the training supplied by Us to You as set out in the Specification.

Specification: the description, topic or specification of the Training including the Course Date and location provided by Us to You.

      1. Interpretation:
      2. A reference to a statute or statutory provision is a reference to it as amended or re-enacted and includes all subordinate legislation made under that statute or statutory provision.
      3. Any words following the terms including, in particular, for example, such as or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

 

  • Basis of contract

 

      1. The Booking constitutes an offer by You to purchase Training in accordance with these T&Cs.
      2. The Booking shall only be deemed to be accepted when the Trainer issues written acceptance of the Booking at which point and on which date the Contract shall come into existence.
      3. Any video samples, images, descriptive matter or advertising issued by the Trainer, and any descriptions or illustrations contained in the Trainer’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Training described in them. They shall not form part of the Contract or have any contractual force.
      4. These T&Cs apply to the Contract to the exclusion of any other terms that You may seek to impose or incorporate.

 

  • Supply of Training

 

      1. We shall supply the Training to You in accordance with the Specification.
      2. If You make a request to change the Course Date on which You are booked, the Trainer will endeavour to support this providing that a suitable alternative Course Date is available.
      3. We reserve the right to amend the Specification if the amendment will not materially affect the nature or quality of the Training, and We shall notify You in any such event.
      4. In amending the Specification We reserve the right to replace the Professional delivering the Training in the event that the anticipated Professional is unable to attend.  
      5. We warrant to You that the Training will be provided using reasonable care and skill and by Professionals with suitable qualification and experience.

 

  • Customer obligations

 

      1. The Customer shall:
        1. ensure that the Training and its Specification is suitable for their requirements;
        2. co-operate with the Trainer, its employees, agents, consultants and subcontractors in all matters relating to the Training;
        3. provide the Trainer with such information and materials as the Trainer may reasonably require in order to supply the Training, and ensure that such information is complete and accurate;
        4. raise any complaint about the Training in writing within 2 weeks of Training completion outlining the facts and nature of the complaint in full;
        5. comply with all applicable laws, including health and safety laws;
        6. return, not dispose of or use without the Trainer’s permission all materials, equipment, documents and other property of the Trainer other than in accordance with the Trainer’s written instructions or authorisation;
        7. comply with any additional obligations as set out in the Specification; and
        8. notify the Trainer prior to the Training of any special requirements such as those relating to a disability.
      2. If the Trainer’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission or failure by You to perform any relevant obligation, or if You are not fit in the reasonable opinion of the Trainer to attend the Training for reasons such as but not limited to illness, being under the influence of alcohol/drugs, using threatening/rude behaviour (Customer Default):
        1. without limiting or affecting any other right or remedy available to it, the Trainer shall have the right to suspend performance of the Training and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Trainer’s performance of any of its obligations;
        2. the Trainer shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Trainer’s failure or delay to perform any of its obligations as set out in this clause 4.2; and
        3. the Customer shall reimburse the Trainer on written demand for any costs or losses sustained or incurred by the Trainer arising directly or indirectly from the Customer Default.

 

  • Fees and payment

 

      1. The Fees for the Training are generally fixed; however, the Trainer reserves the right to review and change prices:
        1. the Fees shall be calculated in accordance with the Trainer’s rates, as displayed on its website or within the Booking;
        2. the Trainer shall be entitled to charge the Customer for any expenses reasonably incurred if the Customer requests that the Training is delivered at a location different to that which the Trainer usually operates and such expenses may include travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of Training provided by third parties and required by the Trainer for the performance of the Training, and for the cost of any materials.
      2. The Customer must have paid the Fees (inclusive of VAT) for the Training by the Due Date otherwise:
        1. the Booking is not guaranteed; and
        2. only once the funds have been received in full and cleared in the Trainer’s nominated bank account will the Customer be entitled to receive the Training.
      3. If the Customer fails to make a payment due to the Trainer under the Contract by the due date, then, without limiting the Trainer’s remedies under clause 9, the Trainer may cancel the Booking.

 

  • Intellectual property rights

 

      1. All Intellectual Property Rights in or arising out of or in connection with the Training (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by the Trainer.

 

  • Data protection and data processing

 

      1. The Trainer shall process the Personal Data of the Customer only in accordance with the requirements of the Data Protection Act 1998.
      2. The Trainer shall take reasonable steps to ensure the reliability of all its professionals who have access to the Personal Data.

 

  • Limitation of liability

 

      1. Nothing in the Contract shall limit or exclude the Trainer’s liability for:
        1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
        2. fraud or fraudulent misrepresentation; or
        3. any other liability which cannot be limited or excluded by applicable law.
      2. Subject to clause 8.1, the Trainer shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
        1. any indirect or consequential loss; or
        2. failure on the Customer’s part to comply with laws or the requirements of the Contract.
      3. SUBJECT TO CLAUSE 8.1, THE TRAINER’S TOTAL LIABILITY TO THE CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE CONTRACT SHALL BE LIMITED TO THE TOTAL FEES PAID UNDER THE CONTRACT BY THE CUSTOMER.

 

  • Cancellation, termination and substitution

 

      1. If cancelled, a Booking is generally non-refundable except as provided in these T&Cs:
        1. if cancelled up to 8 weeks before the Course Date 90% of the Fees are refundable;
        2. if cancelled up to 6 weeks before the Course Date 50% of the Fees are refundable;  
        3. if cancelled up to 2 weeks before the Course Date 25% of the Fees are refundable; and
        4. if cancelled less than 2 weeks before the Course Date no refund will be made.
      2. Without affecting any other right or remedy available to it, the Trainer may terminate the Contract with immediate effect by giving written notice to the Customer if:
        1. the Customer fails to pay the Fees or any amount due under the Contract on the Due Date (see clause 5.2); or
        2. the Contract cannot be performed due to circumstances which are beyond the Trainer’s control (see clause 10.1).
      3. The Customer may send a substitute in their place without any additional cost subject to the Trainer being informed of the substitute’s details in writing prior to the Training commencing and the Trainer providing its acceptance of the substitution in writing by return.  

 

  • General

 

    1. Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
    2. Confidentiality.
      1. Both the Trainer and the Customer undertakes that they shall not disclose to any person any confidential information concerning the business, affairs, customers, clients of the other party unless required to do so by law.
      2. Both the Trainer and the Customer shall not use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.
    3. Entire agreement.  The Contract constitutes the entire agreement between the Trainer and the Customer and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings whether written or oral.
    4. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
    5. Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
    6. Governing law. The Contract, and any dispute or claim arising out of or in connection with it shall be governed by, and construed in accordance with the law of England and Wales.
    7. Jurisdiction. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract.