In these terms and Conditions “PTS” means Phlebotomy Training Services Limited whose registered office is at Suite 21, Evolution Business Centre, 6 County Business Park, Northallerton, DL6 2NQ and the “Client” means the person firm or company for whom PTS is providing the services.

The contract between PTS and the Client shall be concluded upon the issue by PTS of a booking confirmation and PTS’s booking confirmation will be deemed to bind the Client to these terms and conditions. No services shall be performed by PTS except in accordance herewith. In the case of any conflict between these conditions and those of the Client, these conditions will prevail.

No other agreement, representation, promise, undertaking or understanding of any kind unless expressly confirmed in writing by an authorised representative of PTS shall add, vary or waive any of these Conditions

1. Definitions

In this Agreement the following expressions shall, save where the context otherwise requires, have the following meanings:-

“Course” means: the phlebotomy training Course set out in PTS’s booking confirmation  together with any other services which may be agreed upon by the parties from time to time.

“Fee” means the sum to be charged by PTS for the provision of the Course as advised by PTS at the time of booking or as set out in PTS’s booking confirmation whichever is the later.

“Force Majeure” means, in relation to either party, any circumstances beyond the reasonable control of that party (including, without limitation, any act of God, fire, act of government or state, war, civil commotion, insurrection, strike, lock-out or other form of industrial action)

2. Provision of the Course

2.1 PTS shall allocate sufficient resources in order to provide the Course to the Client and shall, at all times, carry out the provision of the Course with reasonable care and skill.

2.2 Provision of the Course by PTS shall, as far as PTS is able, be in accordance with any dates and times specified in PTS’s confirmation letter but time for performance shall not be of the essence of the contract and PTS reserves the right to alter the date, time or venue of the Course. PTS shall not be liable for any delays howsoever caused.

2.3 All Courses must be booked in advance and students must present PTS’s booking confirmation upon commencement of the course.

2.4 PTS reserves the right to cancel a Course or terminate a student’s participation from a Course in the event that:

2.4.1 the students English language skills are insufficient; or

2.4.2 the student is late attending the Course; or

2.4.3 the student does not participate satisfactorily in the Course; or

2.4.4 the student does not meet the entry requirements as set out in the Course specification.

2.4.5 by reason of the students’ conduct PTS believes that the student is not capable of satisfactorily completing the Course.

2.4.6 the student’s behaviour is abusive or unreasonable or the student uses bad or unacceptable language.

2.5 If PTS exercises its rights to cancel a Course pursuant to clause 2.4 before commencement of the Course then a full refund of the Fee paid by the Client shall be made but if PTS exercises its rights to terminate a student’s participation in a Course once the Course has commenced then no refund of the Fee shall be made.

2.6 Upon successful completion of the Course PTS will issue the student with a certificate of achievement issued by One Awards or NOCN, which shall be sent to the Client by first class post. PTS shall not be liable for the non-delivery of any certificate and in the event that the Client requires a replacement or amended certificate PTS shall be entitled to charge a fee for replacement or amendment. The applicable fee will be notified upon request.

3 Fee

3.1 In consideration of PTS providing the Course to the Client, the Client shall pay to PTS the Fee. The Fee is payable immediately upon the client booking the Course and, subject to clause 8.3, is non- refundable.

3.2 In the event that the Client fails to make payments in accordance with the provisions of this Clause 3 PTS shall be entitled, without prejudice to any other rights it may have, to suspend the provision of the Course (in whole or in part) without liability until payment in full of all outstanding sums has been made.

3.3 In the event that PTS agrees to give a refund of the Fee or any part of it then it shall be entitled to charge an administration fee of £75.00.

4 Confidential Information, Engagement of Employees and E-mail Communications

4.1 The parties recognise that it may be necessary for one party to disclose to the other information of a proprietary or confidential nature. Each party agrees to treat as secret and confidential and not at any time for any reason, except with the approval of the other party to disclose or permit to be disclosed to any person or otherwise make use of any such proprietary or confidential information including but not limited to information relating to the parties, business affairs or finances or any such information relating to any subsidiary, supplier, customer, or client of the disclosing party.

4.2 The restrictions contained in clause 4.1 shall cease to apply to information which:

4.3 is available (otherwise than through the default of the provisions of clause 4.1 above) to the public generally at the time of disclosure;

4.4 is acquired from a third party (other than agents, employees, representatives or persons acting on behalf of the other party) having a bona fide right to disclose such information or is required to be disclosed by law;

4.5 Each party undertakes to safeguard all records of the other party whether in writing or in the form of electronic data.  All such records will remain the exclusive property of the disclosing party.

5 Intellectual Property

5.1 The Parties hereby agree that ownership of all Intellectual Property Rights subsisting in any documentation, Course notes of other training materials which have been developed by PTS are owned absolutely by PTS and the Client shall not make any copies or reproduce the documentation, Course notes or training materials howsoever and shall not provide copies of the training materials or documentation to any third party.

6 Warranties and Limitation of Liability

6.1 PTS warrants that it shall provide the Course in a timely manner, with reasonable care and skill and to the best of its ability.

6.2 PTS shall not be liable, whether by way of indemnity or by reason of breach of contract, tort or breach of statutory duty or in any other manner for any consequential or indirect loss of whatever nature suffered by the Client or for special damages, or loss of profit or of any contract but nothing in this clause shall be construed as limiting or excluding the PTS’s liability for death or personal injury resulting from its negligence.

6.3 PTS’s aggregate liability to the Client whether in contract, tort or breach of statutory duty in respect of any and all loss or damage suffered or incurred by the client shall not exceed a sum equal to the Fee paid in respect of the Course.

6.4 The Courses provided by PTS are accredited by One Awards & NOCN but PTS gives no guarantee or warranty that successful completion of any or its Courses will result in the employment or engagement of the Client as a phlebotomist, nor does it give any guarantee or warranty that its courses will be recognised in any country other than the United Kingdom or that successful completion of the course will entitle the client to practice as a phlebotomist in any country other than the United Kingdom.

7 Status

7.1 The relationship of PTS to the Client will be that of independent contractor and nothing in this Agreement shall create, or be deemed to create, a partnership, a joint venture or the relationship of principal and agent or employer and employee between the parties.

8 Terms, Rescheduling, Substituting Students and Cancellation

8.1 This Agreement shall come in to force on the day that PTS sends its booking confirmation and shall continue until the Course has been provided by PTS unless or until terminated by either party pursuant to the provisions of this clause 8 of the Agreement.

8.2 PTS may reschedule a Course date or venue by giving not less than 4 days written notice to the Client.

8.3 Under the provisions of the Consumer Contracts (Information Cancellation an Additional Charges) Regulations 2013 if Client is a consumer (as defined in the Regulations) then it has the right to cancel a Course within 14 days of entering into this agreement. If the Client is a consumer and wishes to cancel a Course then it may do so by providing written notice no later than 14 days after the booking confirmation has been issued. Where written notice of cancellation has been given in accordance with this clause then a full refund of the Fee will be given. Cancellation may be made by filling in the attached cancellation form but it is not obligatory to use this form. If the client is not a consumer then this clause does not apply. If the Client is an individual who, in taking a Course, is acting for purposes which are wholly or mainly inside their trade business craft or profession then it is unlikely that they are a consumer.

8.4 If the Client wishes to cancel a Course other than pursuant to clause 8.3 then it must do so in writing giving at least 10 days notice but no refund of the Fee will be given for any reason whatsoever nor will any refund of the Fee be given in the event that a student does not attend the course without giving such notice.

8.5 If the Client wishes to change the date of attendance on a course then it must give a least 10 working days notice in writing of its request. Where written notice of the wish to reschedule a Course has been given in accordance with this clause then PTS will attempt to book the Client on to a Course on an alternative date at no extra charge but, in the event that this is not possible, then no refund of the Fee will be given. The date of attendance may only be changed by the client on one occasion. Any further requests to change the date of attendance will be treated as a request to cancel and will be dealt with in accordance with clauses 8.3 or 8.4 as appropriate

8.6 The provisions of clauses 8.4 and 8.5 also apply to any component of the Award in Phlebotomy, Certificate in Phlebotomy or Diploma in Phlebotomy.

8.7 If the client wishes to substitute one student for another then it may do so by giving at least 10 days written notice of the change of student. This clause does not apply to students enrolled on the Award in Phlebotomy Certificate in Phlebotomy or the Diploma in Phlebotomy.

8.8 Where a Course is booked by a client who is a consumer within 14 days of its commencement then this will be deemed to be a request to provide the service before the cancellation period referred to at clause 8.3 has ended and no requests for cancellation, rescheduling or refunds of the Fee will be permitted.

9 Plagiarism

9.1 The client must ensure that any course work submitted to PTS is their own work and has not been copied from any third party or other source. In the event that the client plagiarises any third party materials then PTS shall advise the Client that it has failed the Course and shall impose a financial penalty on the Client. Where these circumstances arise PTS does not give any warranty or guarantee that the Client shall be entitled to re-submit any course work.

10 Force majeure

10.1 If either party to this Agreement is prevented or delayed in the performance of any of its obligations under this Agreement by force majeure, and if such party gives written notice thereof to the other party specifying the matters constituting force majeure, together with such evidence as it reasonably can give and specifying the period for which it is estimated that such prevention or delay will continue then the party in question shall be excused the performance or the punctual performance as the case may be as from the date of such notice for so long as such cause of prevention or delay shall continue.

11 Notices

11.1 Any notice required to be given hereunder by either party to the other shall be in writing and shall be served by sending the same by registered or recorded delivery post to the address of the other party as given herein or to such other address as that party may have previously notified to the party giving notice as its address for such service. Notices may also be sent by email to the email address of the other party as that party may have previously notified to the other party and a “delivery receipt” shall be sufficient proof that the notice has been delivered to the other party.

11.2 All notices documents communications and any other data to be provided under this Agreement shall be in the English language unless otherwise agreed.

12 Governing law and disputes

12.1 The construction validity and performance of this Agreement shall be governed in all respects by English Law and all litigation arising in any way out of or affecting this Agreement shall be subject to the exclusive jurisdiction of the English courts.