Terms and Conditions
Robertson Languages International Ltd Terms and Conditions
These terms and conditions apply to all services and materials supplied by Robertson Languages International Limited (“RLI”) and shall apply in place of and prevail over any conditions contained in correspondence or elsewhere unless specifically agreed in writing by RLI. These Terms and Conditions are subject to English Law in force.
1 Venue and Time
1.1 Courses shall take place at the venue and times and for the named delegates set out in the course specification form.
1.2 No change may be made to the venue, time, number or identity of delegates without the agreement of RLI. Any costs incurred in making such changes, for whatever reason, shall be charged to the customer.
1.3 RLI reserves the right to require a change in venue should the chosen venue not be appropriate for the purposes of the course in terms of space, cleanliness, useable equipment, noise, or any other reason deemed by RLI to be detrimental to the purposes of the course.
2 Appropriate behaviour
2.1 In line with our Code of Conduct Policy, which will have been shared with you at course onset, if a delegate behaves inappropriately to a trainer, other delegate, or other relevant person, they may be asked to leave the course, full payment for the course is required or no refund issued.
3.1 In line with international border regulations, RLI will provide information to the authorities as required about non-visa nationals who use a course booking to obtain a visa and then fail to attend it. Any breach of the above will result in cancellation of the course with full payment required or no refund issued.
4.1 Where RLI provides accommodation with homestay providers it undertakes to ensure that this is suitable and complies with British Council requirements.
5.1 Verbal quotations are given for guidance only. They are not binding upon the RLI and are subject to written confirmation on receipt of the booking form. Written quotations remain valid for 30 days after dispatch unless otherwise stated.
6.1 Payment of invoices shall, unless otherwise agreed, be made in full without any deduction or set-off within 14 days of the date of invoice. Interest shall be payable on overdue accounts at the rate of 8% per month over HSBC Bank PLC base rate to run from the due date of payment thereof until receipt by RLI of the full amount whether or not after judgement.
6.2 Unless otherwise stated, prices are in sterling (GBP) and are exclusive of value added tax and any other tax or duty. We shall invoice you for all appropriate taxes and expenses for which we are liable to collect. The Customer shall be liable to pay any penalties or interest on such taxes which are payable by us as a result of your delay in paying such taxes.
6.3 Failure to pay any invoice in accordance with the foregoing terms or other terms specified in the Contract or agreed in writing shall entitle us to suspend further work both on the same order and on any other order from you without prejudice to any other right we may have.
7 Third Party Rights
7.1 RLI shall have no liability to the customer in the event of course materials infringing or being alleged to infringe the rights of any third parties. In the event that the materials are, or may be, the subject to third party rights, RLI shall be obliged to transfer to the customer only such rights as RLI may have.
7.2 Course materials prepared by RLI shall remain the sole and absolute property of RLI until such time as the customer shall have paid to RLI the agreed price.
7.3 Where course materials are lent to delegates, these shall remain the sole and absolute property of RLI and shall be returned in good condition to RLI at the end of the course or, if earlier, upon termination of the contract. Lost or damaged course materials shall be paid for by the customer.
7.4 Where course materials are procured by RLI on behalf of a customer, the customer is advised that any such items are not covered by the BV Approval Certificate for RLI’s management system.
(a) If a course is cancelled by the customer, RLI shall be entitled to make the following charges:
8.1 If more than 28 days written notice is given before the course was due to take place, nil; and
8.2 If notice of 28 days or less is given, the course fee and accommodation will be payable in full.
8.3 RLI will make every effort to adhere to the timetable agreed at the course onset. If an amendment needs to be made by RLI, this will be done in writing with 28 days’ notice.
8.4 Once the course timetable has been agreed, the course must be completed within the timescale, unless otherwise agreed by both parties. Changes must be provided in writing with 28 days’ notice. Failure to adhere to this may result in loss of lessons with full payment expected or no refund issued. RLI have the right to determine an acceptable timeframe for course completion
8.5 Once the booking form is received the Customer may only cancel a course if there has been a breach of conduct from RLI, and the complaints process in section 9 is complied with, any other reason will result in no refund or full payment to be made.
9.1 In line with our Complaints Policy, RLI undertakes to investigate all complaints promptly and effectively and will report back to the Customer within 28 days. A complaint must be made to RLI in writing within 5 working days of the problem arising.
10 Responsibility and Liability
10.1 RLI shall not be liable to the Customer or any third party in any circumstances whatsoever for any consequential loss or damage of any kind (including but not limited to, loss of profit, business, contracts, revenue, damage to reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsoever) resulting from the use of Work/Courses which exceeds the contract price for the Work/Courses supplied, and the Customer shall indemnify RLI against all claims and demands upon RLI for any such consequential loss or damage.
10.2 No terms, conditions or warranties, whether express or implied, about the quality or fitness for purpose of the Work/Courses shall be incorporated unless expressly set out in this Contract.
10.3 Unless otherwise and expressly agreed by RLI in writing, the Customer (which for the purposes of this clause includes any associated companies, their or your employees, directors, principals or shareholders, etc.) shall not, for a period of 5 (five) years after termination of the Contract, either directly or indirectly, on your own account or for any other person, firm or company, solicit, employ, endeavour to entice away from RLI or use the services of an employee, language professional or supplier who has provided Work/Courses to the Customer on behalf of RLI under the Contract. In the event of a breach under this clause, the Customer agrees to pay RLI an amount equal to the aggregate remuneration paid by RLI to the employee, language professional or supplier for the 3 (three) years prior to the date on which you employed or used the services of the employee, language professional or supplier.
11.1 RLI shall be entitled to subcontract all or part of its services to the Customer.
12 Force Majeure
12.1 In case of Force Majeure (Strike, Lockout, Industrial Dispute, Civil Commotion, Natural Disaster, Acts of War and any other situation which can be shown to have materially
affected RLI’s ability to deal with the commission as agreed), RLI shall notify the Customer without delay, indicating the circumstances.
12.2 Force Majeure shall entitle both RLI and the Customer to withdraw from the commission, but in any event, the Customer undertakes to pay RLI for Work/Courses already completed and RLI reserves the right to postpone a training session or substitute an alternative trainer in the event of circumstances or events beyond RLI’s reasonable control.
13 Scope and Quality Control
13.1 RLI reserves the right to review and, if thought fit, alter the scope of the training provided to delegates should it consider this necessary for whatever reason.
(b) 13.2 To maintain the quality of its services, RLI shall have the right to arrange the monitoring of training quality as and when it thinks fit provided no interruption is made to the course.
14 Child Protection
14.1 RLI takes child protection and safeguarding extremely seriously. We ask all customers who are placing children on training courses to familiarize themselves with our safeguarding policies, situated on the RLI website (http://robertsonlanguages.com). In the case of any course where an under-18 is involved, the customer will undertake to inform RLI immediately of any cause for concern, whatever its nature.
15.1 Without prejudice to its other rights and remedies, RLI may terminate the contract if the customer fails to observe or perform any of the conditions of the contract or if an order is made or resolution is passed for winding up the customer or if the customer is unable to pay its debts or if a receiver is appointed of any of the customer’s assets or if the customer enters into a deed of arrangement or commits an act of bankruptcy or compounds with its creditors.
16.1 Subject to clause 16.3, and (on our part) save as necessary in order for us to provide the Work/Courses, neither party may use any of the other party’s Confidential Information (any information (in any form) which is confidential either to RLI or the Customer and which either RLI or the Customer discloses in connection with our Work/Courses).
16.2 Subject to clause 16.3, neither party may disclose to any other person any of the other party’s Confidential Information.
16.3 Either party may disclose the Confidential Information of the other:
16.3.1 When required to do so by law or any other regulatory authority, provided that the party required to disclose the Confidential Information, where practical and legitimate to do so:
a) Promptly notifies the owner of any such requirement; and
b) Co-operates with the owner regarding the manner, scope or timing of such disclosure or any action that the owner may take to challenge the validity of such requirement.
16.3.2 To its (or any of its associated company’s) personnel, sub-contractor’s personnel, or any person whose duties reasonably require such disclosure, on condition that the party making such disclosure ensures that such person to whom such disclosure is made:
a) Is informed of the obligations of confidentiality under these Terms and Conditions; and
b) Complies with those obligations as if they were bound by them.
16.4 The obligation of confidentiality contained within this clause 16 shall survive termination of the Contract howsoever caused.
16.5 Each party agrees that its obligations under this clause 16 are necessary and reasonable in order to protect the party making the disclosure and each party agrees that the remedy of damages would be inadequate to compensate the party making the disclosure for any breach by the party receiving the disclosure of its obligations set out under this clause 16. Accordingly, each party agrees that, in addition to any other remedies that may be available, the party making the disclosure shall be entitled to seek injunctive relief against the threatened breach of this agreement or the continuation of any such breach by the party receiving the disclosure, without the necessity of proving actual damages.
17 Data Protection
17.1 Each party shall ensure that, in the performance of its obligations under these Terms and Conditions, it will at all times comply with the relevant provisions of the General Data Protection Regulations (GDPR) 2018.
17.2 RLI acknowledges that if we are required to process any data in the course of providing the Work/Courses we shall do so only on Customer instructions.
18.1 If any provision of these Terms and Conditions is or becomes invalid or unenforceable it will be severed from the rest of the Terms and Conditions so that it is ineffective to the extent that it is invalid and unenforceable and no other provisions of the Terms and Conditions shall be rendered invalid, unenforceable or be otherwise affected.
18.2 A person who is not party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
18.3 Nothing in these Terms and Conditions or the Contract is intended to or shall operate to create a partnership or joint venture between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name of or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
18.4 One of our company values is to treat everyone with respect. We therefore would like to ask Customers to act in the same way towards our staff. As a result, we would like to politely advise that abusive, threatening or insulting words or behaviour toward our staff either via email, on the phone, in person, or in any other format whatsoever will not be tolerated.
19.1 These Terms and Conditions shall be interpreted in accordance with English law in force and RLI and the Customer irrevocably submit to the exclusive jurisdiction of the English Courts.
WHAT OUR CLIENTS ARE SAYING
Brilliant work!! First time in 25 years of working in marcoms I see a translation that good at the first draft!