Terms and Conditions for Toolkits and Workshops

Definitions:“You” and “your” refers to the individual or entity that has ordered from BetterBusiness-Skills, a McKenzie Mills Partnership Ltd company, registered in England and Wales (Registration number: 6361968) with registered offices at 22 St John Street, Newport Pagnell, Buckinghamshire, MK16 8HJ (“BetterBusiness-Skills”).

The term “products” refers to the courseware, toolkits and other products owned or distributed by BetterBusiness-Skills which you have ordered. The term “services” refers to the education or consulting services that you have ordered. A “named user” is an individual authorised by you to use the products that are installed on a single server or delivered to you via an on-line environment, regardless of whether the individual is actively using the product at any given time and is not transferable.

An “employee” is defined as (i) all of your full-time, part-time, temporary employees, and (ii) all of your agents, contractors and consultants who have access to or use the BetterBusiness-Skills products and programs.

Applicability: These terms and policies (“the agreement”) are subject to change, and those existing as of the date of your order and accepted by you are valid for and govern your order.

Ordering/Registration Options: BetterBusiness-Skills accepts orders for products and student registrations for Instructor-Led Training via our website at https://www.betterbusiness-skills.com/register or via phone at 01525 877949 or 07970 644552.

Payment Options: For instructor-led classes, payment is accepted by purchase order, with invoice payment due 5 days from the invoice date or 30 days before the class start date (whichever is soonest). Payment is also accepted via credit card when booked via our website at https://www.betterbusiness-skills.co.uk/booknow.

Confirmation Process: Enrolments for Instructor-Led Training are not confirmed until complete payment has been processed and received, either by paid invoice associated to your company purchase order or a completed credit card transaction. In the event of registration via purchase order, BetterBusiness-Skills will confirm a provisional hold for a seat in an instructor-led class for a period of 5 business days assuming the booking is 30 days or more before the class start date. BetterBusiness-Skills will send you an Enrolment Confirmation email once full payment has been received, and your enrolment is confirmed in an Instructor–Led class.

Suggestions and helpful travel information including training venue details will be included and attached to the enrolment confirmation email.

Digital Product Orders: Once you place an order, the payment obligation cannot be cancelled and the sum paid is non-refundable.

Instructor led class orders: Once you place an order, the payment obligation cannot be cancelled and the sum paid is non-refundable (except as otherwise specified in this agreement). Attendee substitutions may be made in some instances at the discretion of BetterBusiness-Skills, if associated individual assessments have not been initiated (e.g. if MBTI and DISC assessments have not been initiated or completed by you).

Fees, Taxes and Invoices: All fees payable to BetterBusiness-Skills are due within 5 days from the invoice date, or 30 days before the start of the instructor-led class, whichever is sooner, or as otherwise stated in your order. You agree to pay any sales, value-added or other similar taxes imposed by applicable law that BetterBusiness-Skills must pay based on the products and/or services you ordered.

You will be charged using the current pricing in effect at the time of your confirmed order placement. Pricing is only guaranteed if you have a written quote from BetterBusiness-Skills either in the form of published pricing on our website or via a BetterBusiness-Skills confirmed marketing brochure. Any special offers will only be valid for the period advertised and will not be offered outside of the offer period.

You will be charged or invoiced when BetterBusiness Skills products are electronically distributed or otherwise made available to you for download. You will be charged or invoiced for Instructor-Led Training no later than 30 days before class start.

Rights Granted: Upon the acceptance of your order by BetterBusiness-Skills, you have the non-exclusive, non-assignable, royalty-free, perpetual (unless otherwise specified) limited right to use the products you ordered solely for your internal business operations, and subject to the terms of this agreement, including the definitions and rules set forth in your order and any applicable documentation. Any materials that BetterBusiness-Skills provides to you in a class may be used solely by the students participating in that class for the purpose of taking the class. In the case of the purchase of a multi-employee digital toolkit, these materials may be used solely by your company in the delivery of that toolkit to your company’s employees. These materials are non-transferable and only licensed for use with the company’s employees detailed on the invoice and in the electronically signed toolkit.

Upon payment for services, you have the non-exclusive, non-assignable, royalty-free, perpetual, limited right to use for your internal business operations anything developed by BetterBusiness-Skills and delivered to you under your order; however, certain deliverables may be subject to additional license terms provided in the order.

Ownership and Restrictions: BetterBusiness-Skills retains all ownership and intellectual property rights to the products, and anything developed by BetterBusiness-Skills and delivered to you under your order resulting from the services.

You may not:

* make the products or materials resulting from the services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program license or materials from the services you have acquired).

Confidentiality

Unless the parties have signed a separate agreement containing more specific provisions in relation to confidentiality (in which case the provisions of such agreement will continue to apply in lieu of this clause), each party will keep any confidential information disclosed by the other secret. Neither party may use or take advantage of any such confidential information without the discloser’s consent, even after the end of an engagement. This obligation does not apply to (i) information known to the receiver before disclosure by the other party, or (ii) information which becomes public knowledge without fault on the part of the receiver, or (iii) disclosures made to the extent required by some applicable legal or regulatory requirement.

Liability

McKenzie Mills Partnership Ltd is not liable for any loss or damage in excess of 100% of the total fees payable in respect of an engagement, except where it may not lawfully exclude or limit liability. Each party expressly excludes liability for consequential loss or damage, loss of profit, business, revenue, goodwill or anticipated savings. Any liability or remedy for innocent or negligent misrepresentation (but not fraudulent) is expressly excluded. Neither party excludes or limits liability for death or personal injury. All claims by clients shall be deemed relinquished unless brought against McKenzie Mills Partnership Ltd within one year after substantial completion of the Services, according to (i) the date(s) specified within associated Schedule(s), or (ii) the effective date of a notice to terminate a Schedule by either party.

Relationship between parties

You are a client of BetterBusiness-Skills and it is not the intention of either to create or allow to arise any employee/employer relationship. Each party will indemnify the other against any claims brought by or in relation to its own employees, whether such claims relate to employment, tax, national insurance, or otherwise.

Consultant Not an Employee. The Consultant or personnel who may be delivering the Services under this Agreement are not employees of the Client and are not entitled to receive any employment benefits from the Client. Further, the Client shall not be required to make contributions for tax, national insurance, pension plans, workers’ compensation or similar premiums, employer health tax and other similar levies on behalf of any of the BetterBusiness-Skills employees or personnel.

Force Majeure

Neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; pandemic; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of the obligated party. Both parties will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 90 days, either party may cancel unperformed services upon written notice. This section does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or your obligation to pay for services provided.

Privacy: You agree that BetterBusiness-Skills may collect and process your personal information in connection with your registration for, and BetterBusiness-Skills’ provision of, certain products and services. With respect to such personal information, BetterBusiness-Skills will abide by our Privacy Policy, a current version of which is set forth at https://betterbusiness-skills.com/privacy-notice/   The Privacy Policy is subject to change at BetterBusiness-Skills’ discretion. However, any such changes to the Privacy Policy will not materially reduce the level of protection provided to such personal information under this agreement. If you are registering for certain BetterBusiness-Skills products and services on behalf of your users, you agree to provide all relevant notices to and obtain any consents from those users required to share the information with BetterBusiness-Skills and such notices and consents must sufficiently inform your users of the aforementioned purposes for which personal information is collected.

You agree that BetterBusiness-Skills may engage BetterBusiness-Skills affiliates and third-party subcontractors to assist in delivering the products and services.

Other

You agree that this agreement and the information that is incorporated into this agreement by written reference (including reference to information contained in a URL or referenced policy), together with the applicable order, are the complete agreement for the products and/or services ordered by you, and that this agreement supersedes all prior or contemporaneous agreements or representations, written or oral, regarding such products and/or services. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. It is expressly agreed that the terms of this agreement and any BetterBusiness-Skills ordering document shall supersede the terms in any purchase order or other non-BetterBusiness-Skills ordering document and no terms included in any such purchase order or other non-BetterBusiness-Skills ordering document shall apply to the products and/or services ordered. This agreement and ordering documents may not be modified, and the rights and restrictions may not be altered or waived except in writing, signed or accepted online through the BetterBusiness-Skills website by authorised representatives of you and of BetterBusiness-Skills. Any notice required under this agreement shall be provided to the other party in writing.

You may not assign this agreement or give or transfer the products and/or any services or an interest in them to another individual or entity.

You agree to the following, and in the event any of your employees register to take a BetterBusiness-Skills class under your order, you will inform them that they will be required to agree to the following in order to participate in the class:

In consideration for being granted access to the class location (the “Premises”), you hereby waive any and all claims against BetterBusiness-Skills and the owners of the Premises (if BetterBusiness-Skills is not the owner), and their officers, directors, employees and agents (the “Released Parties”) for loss, theft, destruction or damage to any property, including without limitation the business or personal property of your or your employees, agents, guests, invitees or representatives, in, on, or about the Premises, and for injuries to you or your employees, agents, guests, invitees or representatives, in, on, or about the Premises. The Released Parties shall bear no responsibility for the safety of you or your employees, agents, guests, invitees or representatives or their business or personal property while in, on, or about the Premises. This paragraph does not apply to any damages directly caused by the Released Parties’ gross negligence or intentional misconduct.

BetterBusiness-Skills INSTRUCTOR-LED TRAINING (ILT)

ILT Waitlists: BetterBusiness-Skills accepts participant requests for registration into a waitlist for full ILT events. If space becomes available, participants will be placed into the class and notified. Participants will have 3 days to cancel; thereafter, the standard cancellation policy described below will apply.

Class Cancellation/Rescheduling Policy: BetterBusiness-Skills may cancel or reschedule a class at its discretion, and if it does, will use reasonable efforts to notify you at least 30 days in advance. You will not be charged for the rescheduling.

BetterBusiness-Skills is not liable for travel or accommodation costs incurred by students in the event that BetterBusiness-Skills cancels or reschedules an event.

Please notify us as soon as possible of any changes in your schedule related to your training registration. Cancel and reschedule requests must be received by BetterBusiness-Skills in email or other written communication. BetterBusiness-Skills will take all reasonable steps to accommodate changes in circumstances, and wherever possible will work to make student substitutions or date changes subject to the following policies:

Publicly Scheduled Instructor Led Training Events *Cancellations Ts & Cs

* Notwithstanding anything to the contrary above, once you have downloaded BetterBusiness-Skills digital toolkits and materials, the fee becomes fully payable and non-refundable.

International ILT Registrations: Students are responsible for ensuring they have all correct travel documentation (e.g. visas) in place prior to confirming attendance for a class.

ILT Classroom Environment: Participants are requested to sign in 15 minutes before the start of class on the first day. Business casual attire is appropriate. Course materials and equipment are provided by BetterBusiness-Skills. BetterBusiness-Skills are conducted with a team learning methodology. Participants should come to class prepared to enhance the learning experience by discussing course topics with fellow attendees. Unauthorised recording, copying, or transmission of training content is strictly prohibited. Except as otherwise agreed by BetterBusiness-Skills in writing, attendance at private Instructor-Led classes is restricted to employees and staff of your company or organisation.