The Customer agrees to engage THE CPC LINK to provide training services on the terms and conditions set out in this agreement.
“JAUPT” means the Joint Approvals Unit for Periodic Training.
“THE CPC LINK” means the consortium and all its members approved by the JAUPT and registered on the JAUPT web site. https://www.jaupt.org.uk/
“Consortium Member Organisation” means an organisation registered as a member of THE CPC LINK consortium of approved training providers.
"Attendees" means those person(s) notified by the customer to THE CPC LINK who will attend at the selected Consortium Member Organisation location to receive the Services;
"Cancellation Charges" means the cancellation charge to be paid by The Customer to THE CPC LINK more particularly defined in clause 11 hereof;
"Course Date" means the date the course will be delivered;
"Location" means the place at which the course will be provided as detailed on the booking confirmation;
"Payments" means the amounts to be paid by The Customer to THE CPC LINK as listed on the booking confirmation;
"Course" means the training course to be provided by THE CPC LINK to The Customer and more particularly as listed on the booking confirmation;
“DSA” means the Driving Standards Agency.
“Uplift Fee” means the fees paid to the DSA to register a Customers attendance at a JAUPT approved training course on the DSA Recording and Evidencing database.
“CPC LINK web site” means www.cpclink.co.uk
The masculine includes the feminine and the neuter and vice versa.
The singular includes the plural and vice versa.
A reference to any statute, enactment, order, regulation or other similar instrument shall be construed as reference to the statute, enactment, order, regulation or instrument as amended from time to time.
All booking forms must be completed via THE CPC LINK web site prior to attending a course.
Upon completion and submission of a booking form and payment being made in full a confirmation email will be sent to the individual booking the course.
The Customer appoints THE CPC LINK through a Consortium Member Organisation to provide the Services in return for the Payments.
4. THE CPC LINK’s obligations
THE CPC LINK via a Consortium Member Organisation shall:
Undertake reasonable endeavours to provide the Services at the location on the Course Date. THE CPC LINK reserves the right to make reasonable variations to courses, including the content and location, without notice.
Exercise reasonable skill, care and diligence in providing the Services.
All Services provided will be delivered in English.
All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes.
Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums.
6. Intellectual Property Rights and Data Protection
All copyright and other intellectual property rights in all specifications, drawing, illustrations, diagrams and other documents issued by THE CPC LINK will remain the property of THE CPC LINK and may not be reproduced without permission.
THE CPC LINK and all Consortium Member Organisations are registered with the Information Commissioner’s Office with respect to data protection. To check this please go to https://ico.org.uk/
THE CPC LINK shall indemnify The Customer against any claim for death or personal injury caused by the negligence or breach of statutory duty of THE CPC LINK, its servants or agents.
8. Limitation of liability
Subject to clause 10 hereof the total liability of THE CPC LINK to The Customer for any reason and upon any cause of action shall be limited to the amount of any Payments and other charges which The Customer has paid to THE CPC LINK under this agreement.
THE CPC LINK shall not be liable for indirect or consequential loss, howsoever caused.
Training end times may vary dependant on the experience and ability of the attendees.
Payment of Uplift Fees (where applicable) will be paid as per the requirements and within the set timescales of the regulatory authority.
Certificates will be despatched within five (5) days of the Course Completion Date.
9. The Customer’s obligations
The Customer shall:
Ensure that the agreed Attendees attend at the Location on the Course Date and time to receive the Services. Late arrival, or, absence for any prolonged duration may result in the attendee being refused the Services;
Ensure that the Attendees are sufficiently competent to receive the Services;
Withdraw any Attendee from attendance at the Location upon the reasonable request of THE CPC LINK or its Consortium Member Organisation.
Pay the Cancellation Charges.
10. Payment Terms
Payment will be made by The Customer in full via THE CPC LINK web site upon booking a course prior to course delivery.
11. Cancellation and Transfer Charges
THE CPC LINK and any Member Organisation reserves the right to cancel or alter the Course Dates or Provision of Service, the Location and the individual or organisation providing the Service. In event of cancellation, the booking will normally be transferred to the next available Course unless The Customer specifically requests otherwise. Where The Customer cancels any Services or the Attendees fail to attend at the Location on the Course Date to receive the Services the following conditions will apply to Payments made by The Customer:
Cancellation and non attendance:
One hundred per cent (100%) of the Payments where cancellation is within fourteen (14) days, or, where the Attendees fail to attend at the Location on the Course Date to receive the Services.
Fifty per cent (50%) of the Payments where cancellation is above fifteen (15) days of the Course Date;
The following charges will apply if The Customer transfers their booking/s to a later date:
Free of charge for all transfers made fifteen (15) days or greater before the Course Date as long as the transfer is to the same Consortium Member Organisation.
Fifty per cent (50%) for all transfers made fifteen (15) days or greater before the Course Date if the transfer is to a different Consortium Member Organisation.
All transfer’s made fourteen (14) days or less prior to the Course Date will be charged in full.
The transfer option only relates to delegates who are transferring to a different date on the same course. The choice of course date must be specified at the time of transfer (otherwise the instruction will be considered a cancellation).
12. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure.
For the purpose of this agreement, "Force Majeure" means any act, omission, cause of circumstance beyond the reasonable control of either party and shall include but not be limited to war, rebellion, civil commotion, strikes, lock outs, industrial disputes, fire, explosion, earthquake, volcanic eruption, act of God, flood, drought or other act or order of any government department, council or other constituted body.
13. Invalidity of any Provision
In the event of one or more of these terms and conditions or any part thereof being invalid, illegal or unenforceable in any respect the validity, legality or enforceability of the remaining terms and conditions shall not be affected or impaired.
14. Entire Agreement
This agreement constitutes the complete and exclusive statement of the agreement between the parties as to the subject matter hereof and supersedes all previous agreements with respect thereto.
15. General Terms
No variation of these terms and conditions will be effective unless agreed in writing by a Director of THE CPC LINK. All terms other than those expressly set out in this agreement are hereby excluded.
These terms expressly exclude any rights afforded any third party pursuant to the Contract (Rights of Third Parties) Act 1999.
16. Law and Jurisdiction
The construction, validity and performance of these terms and conditions shall be governed in all respects by the law of England.