Terms and Conditions for Training

  1. Definitions
    1. “Company” shall mean PMADS Holdings (Pty) Ltd.
    2. “Client” shall mean the organisation or individual entering into this agreement for training.
    3. “Delegate” shall mean any individual accepted onto a course.
    4. “Course” shall mean any training service arranged or provided by PMADS Holdings (Pty) Ltd.
  2. Bookings
    1. Bookings will only be accepted if:
      1. A valid purchase order is received from a Client or;
      2. The full price is received by the Company in advance or;
      3. The Company confirms, in writing, acceptance of a booking made in any other form, such as verbal or electronic communication.
    2. In the case of individuals registering on courses in their personal capacity, the booking will be accepted on submission of the Company’s Course registration form.
    3. Once a booking has been accepted in writing by the Company, cancellation terms apply.
    4. The Company reserves the right to refuse any booking without supplying  a reason.
  3. Terms of payment
    1. Invoices are raised immediately on receipt of the booking by the company.
    2. Payment of invoices is due on presentation of the invoice unless alternative arrangements are made with the company.
  4. Course Cancellation or alternatives
    1. Should the Company find it necessary to cancel or reschedule any course, the Client will be offerred an alternative course or full refund of fees, payable to the Client within 14 days of such cancellation or rescheduling.
    2. The Company reserves the right to provide an alternative venue, presenter or trainer to those published .
    3. Delegates may be substituted without penalty provided written notice is received prior to commencement of the course.
  5. Cancellation fees and non-attendance
    1. Should a Client cancel a course, the Company reserves the right to charge a fee on the following basis:
      1. Seven or more calendar days from the commencement date of the course, 50% of the course fees.
      2. Six or less calendar days, from the commencement date of the course, 100% of the course fees.
      3. Should any delegate not attend the course for any reason, the full fee will become payable to the client.
  6. Course Assignments
    1. Submission dates for courses which require delegates to complete and submit assignments will be set by the Company.
    2. The Company reserves the right to de-enrol, without notice or reimbursement of any kind, any delegate who fails to submit assignments on or before the scheduled date.
  7. Consequential Loss
    1. The Company does not accept responsibility for any claims for consequential loss sufferred by the delegate and/or Client following the cancellation or postponement of a course.
    2. The liability of the Company for the cancellation or postponement of any course shall be limited to a refund of the course fees.
  8. Copyright
    1. The Company reserves proprietary rights on all course notes and material provided for a Client or delegate and no part of any course notes or material may be reproduced or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise, or stored in any retrieval system of any nature without the written permission of the company.
  9. Acceptance of Terms
    1. No variation can be made to these terms without written consent of an office of the Company.
    2. These terms of business are deemed to be accepted by the Client by virtue of a booking being made under the terms laid out in Clause 2 and it’s sub-clauses, above.
  10. Warranties and Liabilities
    1. The Company warrants that the course will be provided using reasonable skill and care, and as far as reasonably possible, in accordance with generally accepted industry standards and within the timescales agreed.
    2. The Company makes no warranty of any kind with respect to the courses and hereby expressly excludes all other warranties, conditions, all other terms or guarantees, written or oral, express or implied, statutory or otherwise including without limitation, any implied warranties, conditions, all other terms or warranty of merchantability, satisfactory quality or fitness for a particular purpose of the course or course material.
    3. The Company shall have no liability to the Client for any loss, damage costs, expenses or other claims for compensation arising from any course material or instructions supplied by the Client which are incomplete, incorrect, illegible, out of sequence, or in the wrong form, or arising from their late arrival, or any other fault of the Client.
    4. Except as expressly provided in these conditions, the Company shall not be liable to the Client or the delegate by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under express terms of contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents, or otherwise) which arise out of or in connection with the provision of the course (including any delay in providing or failure to provide the course) or their use by the Client and the entire liability of the Company under or in connection with the Contract shall not exceed the amount of the charges for the provision of the Course.
    5. The Company shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform, any course, if the delay was due to any cause beyond the Company’s reasonable control.
  11. Applicable Law
    1. These Terms and Conditions and all other expressed terms of the contract shall be governed and constructed in accordance with the laws of the Republic of South Africa.
  12. General
    1. These conditions constitute the entire agreement between the Company and the Client, supersede any previous agreement or understanding any may not be varied except in writing between the parties. All other conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
    2. The Company shall be entitled to assign or transfer the Contract and/or any right hereunder at any time. The Client may not assign or transfer the Contract and/or any rights hereunder without the Company’s written consent and any attempt to do so without such consent shall be void.
    3. No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision
    4. If any provision of these conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
    5. Any dispute arising under or in connection with these conditions or the provision of the Course which cannot be settled amicably will in the first place be refferred to a senior management representative chsen by each party. If there is still failure to settle the dispute, the dispute shall be refferred to arbitration by a single arbitrator appointed by agreement. The decision of that arbitrator shall be final and binding on both parties.
    6. This Contract is made solely for the benefit of the Company and the Client and their respective successor and permitted assigns. No other person shall acquire or have any right or by virtue of this contract, whether pursuant to any law or otherwise.