TERMS AND CONDITIONS FOR ‘OPEN’ TRAINING SERVICES

1. GENERAL DEFINITIONS
(a) “SDSTC Ltd” means ‘16 Degree Shift Training and Consultancy Ltd’, Royal Quays Business Centre, Coble Dene, North Shields Newcastle upon Tyne NE29 6DE.
(b) ‘Client’ means the person(s) and/or the organisation purchasing training services (also may be named on the relevant Quote if applicable).
(c) ‘Services’ refers to the training services / training courses outlined in the Quote, invoice or payment receipt:
(d) ‘Learner’ refers to any person attending the training course. ‘Learner’ is synonymous with student, candidate or delegate.
(e) ‘Remote’ or ‘Remote Learning’ – Where training is delivered via the internet for example over Microsoft Teams of Zoom.

2. PROVISION OF SERVICES
(a) SDSTC Ltd shall provide Services to the Client upon payment of the fees in line with (4a) below.
Learner’s place(s) on the course are not confirmed until payment is received.
(b) Upon receipt of payment – specific joining instructions shall be communicated to the Client by SDSTC Ltd before the course start date.
(c) For ANY changes to the agreed service and/or date(s) see Article 7 below.
(d) SDSTC Ltd may delegate the performance of all or part of the Services to an agent or subcontractor and the Client authorises SDSTC Ltd
to disclose all information necessary for such performance to the agent or subcontractor.

3. OBLIGATIONS OF CLIENT
(a) Provide adequate information regarding specific learning needs of learners if applicable plus any allergies where refreshments are provided.
(b) Ensure learners arrive / log on at the correct location in good time before for the course start time as indicated in the joining instructions.
(c) Comply with all health and safety site rules for the venue where training is hosted as well as any ground rules set by the trainer.
(d) Ensure suitable internet connection to ensure uninterrupted participation in training where training is delivered remotely / online.
(e) Ensure any registration forms as directed by SDSTC Ltd are completed and submitted to SDSTC Ltd prior to the course commencement.

4. FEES AND PAYMENT
(a) Payment terms are normally 30 days from invoice, but payment must be received before course begins in all cases without exception. Materials and log in details (if relevant) will not be issued until payment is received. SDSTC Ltd reserves the right to refuse admittance to the course until payment is received. Provisional bookings are not permitted.
(b) Unless otherwise agreed (for example a payment plan see 6(a) below), Client shall pay the course fees in full prior to course start date.
(c) Upon booking a NEBOSH course, candidates will be automatically enrolled onto the nearest exam date for that course or the exam date specified in the course timetable or joining instructions. The cut off for changing your exam date is 3 weeks prior to the exam date. If you need to change the date of your exam, please contact info@sdst.co.uk and let us know asap. If notification to change exam date(s) is received in time, then the candidate’s fees will be transferred to their preferred exam date (exam date to be notified / agreed in writing). If notification is not received in time the candidate will either have to sit the exam paid for or pay additional resit fees to book their preferred date.
(d) If booking a NEBOSH Exam only (e.g. resit), payment of the exam fee plus admin fees must be made at least 3 weeks prior to the exam date. These are non-refundable.
(e) Closing Interviews: As part of the NEBOSH Open Book Exam (OBE) process, you will be required to attend a closing interview. This is usually done virtually via Teams or Zoom. If you fail to attend a closing interview without giving us 2 working days’ notice, you will be charged £15 +VAT to re-book. Failure to attend a closing interview will be escalated to NEBOSH and may result in exam results being voided.
(f) Certificates shall only be released to the Client when full payment has been received by SDSTC Ltd.
(g) Refunds are subject to Cancellation Terms in Article 7 below.
(h) No refunds shall be issued if:
(i) SDSTC Ltd is unable to perform all or part of the Services for any cause whatsoever outside SDSTC Ltd’s control. (alternative arrangements shall be offered to the client to ensure completion of the course within a reasonable time).
(ii) The Learner(s) fail to attend or comply with their obligations in Article 3 and 4a – e above or fail to achieve the pass criteria.
(iii) Less than 7 days’ notice is given by the Client to SDSTC Ltd of changes as per Article 7 below.

5. 16 DEGREE SHIFT COMMITMENT TO LEARNER SUCCESS
(a) Entitles the candidate to one exam resit at no extra cost subject to the below conditions in 5(b). This is valid for one module only for the course studied and paid for by the original named candidate only and is not transferable whatsoever between candidates or courses. If the candidate fails (gets a refer result) both modules, SDSTC Ltd will cover one of the modules and the candidate must pay the fees of the other module. In the event of failing both modules, SDSTC Ltd will prioritise the OBE module as the cost covered by us.
5(b) The 16 Degree Shift Commitment to Learner Success only applies if the following criteria is met:
I. The candidate studied with 16 Degree Shift Training and Consultancy Ltd originally and paid the full course fee.
II. The candidate takes a full and active part in the course and completes any tasks/projects set.
III. The candidate attended more than 80% of the original course dates.
IV. The candidate meets the required standard in all tutor – marked assessments.
V. The candidate resits the ‘failed module’ within 12 months of the original exam or submission date. This offer will expire 12 months from the original examination or practical submission date.

6. PAYMENT PLANS

(a) Payment Plans may be agreed and offered to self-funding UK candidates only. The candidate MUST have the payment plan approved by SDSTC Ltd in writing prior to booking on the course. SDSTC Ltd requires 30% of the total course fee upfront upon booking. Payments will be made monthly from the day candidate deposit was made and must be received within 7 days of this date. The specific instalment amounts, and dates will be stated on your invoice. Unless otherwise agreed, the balance of your account must be cleared in full, prior to you registering for examinations. Payment plans can be paid by: Credit/debit card or bank transfer. Email info@sdst.co.uk to organise a payment plan.

7. CHANGES AND CANCELLATION TERMS

(a) The Client shall give to SDSTC Ltd as much notice as possible of any change to the booked course. Changes can be accommodated within reason (given enough notice) subject to the following terms:

(b) Change of Venue
(i) In the event a venue change is deemed necessary by SDSTC Ltd, as much notice as possible shall be given to the client as soon as it is known that a venue change is necessary. An equally suitable venue will be established and communicated.

(c) Change to Learners
(i) The Quote, Booking Form, Invoice and/or Receipt states number of learners / places and must not to be exceeded. Additional places can be booked separately subject to availability on the course.
(ii) If the numbers of learners turning up to the course on any of the training days is less than the original number planned / paid for, no refund shall be given for non-attendees.
(iii) A learner substitution can be accommodated right up to the start of a course at no additional cost as long as the total number of learners is the same as quoted / agreed / paid for.

(d) Change of dates – Postpone / Defer
(i) In the event that the Client wishes to postpone / defer the date(s) of the Course, this will be permitted without additional fees being incurred (subject to ii below) by the Client as long as written notice is give as soon as possible and not less than 7 days prior to the course start date. In this instance the learner(s) can be transferred on to the next available course.
(ii) SDSTC Ltd reserved the right to charge any fees incurred as a result of the Client’s instruction to defer dates. For example, additional exam registration costs.
(iii) Learner(s) can only be deferred to the next available course on two occasions.
(iv) If 5d (iii) is not complied with, SDSTC Ltd reserves the right to retain 100% of the fees paid and shall not be required to reserve a space on the next available course.

(e) Cancellation Terms:

In the event that the Client wishes to cancel the course and not defer dates, the following charges apply.

(i) 28 or more calendar days’* notice – 100% of total fees paid shall be refunded to the Client. **
(ii) 15 or more calendar days’* notice – 75% of total fees paid shall be refunded to the Client. **
(iii) 7 or more calendar days’* notice – 50% of total fees paid shall be refunded to the Client. **
(iv) Less than 7 calendar days’* notice or no notice given – 0% of total fees paid shall be refunded to the Client

*Note: calendar days will be taken from the day that notice to cancel is received in writing up to day 1 of the course
**less any costs incurred. This may include % taken by stripe in the transaction process if paying by card via our website.

(f). SDSTC Ltd reserves the right to cancel any courses at any time due to unforeseen or exceptional circumstances and no liability is accepted by SDSTC Ltd for any losses incurred by the Client as a result, in which case the agreed services or suitable alternative shall be rescheduled for a time and date which is agreed in writing by both the SDSTC Ltd and the Client and is within 12 months after the time and date of the original agreed start date.

(g). SDSTC Ltd also reserves the right to cancel any courses due to low numbers of learners on the course and will endeavour to give the Client at Least 7 days’ notice should this be the case. In the event of such occurrences no liability is accepted by SDSTC Ltd for any losses incurred by the Client as a result. In this event SDSTC Ltd will endeavour to reschedule the agreed services or a suitable alternative for a time and date which is agreed in writing by both SDSTC Ltd and the Client and is within 12 months after the date of the original agreed start date.

(h) In the event of 7(f) and 7(g) above a suitable alternative will be offered. This will be the same course but may be: (a) delivered via a different mode of delivery e.g. online instead of classroom, (b) at a different venue or (c) on different dates than the original course.

(i) If a suitable alternative can’t be offered or agreed within 12 months, SDSTC Ltd will refund 100% of the course fees to the client.

7. CONFIDENTIALITY

(a) As used herein, “Confidential Information” shall include the Client’s Information and any information oral or written that a party may acquire
from the other party pursuant to the Services provided, however, that Confidential Information shall not include any information which (1) is or
hereafter becomes generally known to the public; (2) was available to the receiving party on a non-confidential basis prior to the time of its
disclosure by the disclosing party; (3) is disclosed by an independent third party with a right to make such disclosure.
(b) Unless required by law, neither party shall disclose the other’s Confidential Information to any person nor entity, except as expressly
provided for herein.
(c) SDSTC Ltd has the right to make and retain copies of training records and associated evidence collated during the provision of the Services
for the purposes of assessment, certification and SDSTC Ltd’s own records.
(d) SDSTC Ltd will handle any personal information appropriately and comply with applicable privacy laws.

8. MISCELLANEOUS

(a) If any one or more provisions of these Terms and Conditions are found to be illegal or unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
(b) Use of SDSTC Ltd’s corporate name or registered marks for advertising purposes is not permitted without the SDSTC Ltd’s prior written
authorisation.
(c) Any training materials created and/or issued by SDSTC Ltd during the provision of the Services is considered to be the intellectual property
of SDSTC Ltd and must not to be duplicate or used by the Client for their own purposes without the express written consent of SDSTC Ltd.

9. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

THIS AGREEMENT, consisting of the quotation and these terms and conditions, shall be governed by English Law and both parties submit to
the exclusive jurisdiction of the courts of England and Wales.