Terms and Conditions
These are the terms and conditions for purchasing products or services directly from this website. Please make sure that you have fully read and understood the terms and conditions for the product or service (s) that you purchase directly from here.
General Terms and Conditions
Consultancy / Training / Technology Solutions
1. Interpretation and Definitions
1.1 The following expressions shall have the following meanings: -
1.1.1 “Client” means the client specified in the Quotation.
1.1.2 “Company” means Strategic Analytics Team Ltd whose trading address is 10th floor, 3 Hardman Street, Spinningfields, Manchester.
1.1.3 "Conditions" means these terms and conditions as amended from time to time in accordance with clause 17.
1.1.4 "Contract" means the contract between the Company and the Client for the supply of Services in accordance with these Conditions.
1.1.5 “Order” means the Client’s order for Services as set out in the Company's standard order form.
1.1.6 “Quotation” means the written quotation for the performance of the Services or any consultancy services as may from time to time be amended by the written agreement of the parties.
1.1.7 “Services” means the closed courses or any other consultancy services as detailed in the Quotation.
1.1.8 “Working Day” means a day (other than a Saturday, Sunday or public holiday).
1.2 The headings to these Conditions are for guidance only and shall not affect the construction of the Contract. The singular shall include the plural and vice versa.
1.3 Where there is any conflict or inconsistency between the provisions of the Contract, such conflict or inconsistency shall be resolved according to the following order of priority:
1.3.1 the Quotation;
1.3.2 these Conditions;
1.4 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.5 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
All Orders must be on the Company’s standard order form. The Company may respond to an Order with a Quotation for Services and an acceptance of a Quotation will be deemed to be an offer by the Client to purchase Services in accordance with the Quotation and on these Conditions. The Contract is formed when the Order is accepted by the Company by way of a written acknowledgment of Order. No contract will come into existence until a written acknowledgement of Order is issued by the Company.
The quantity and description of the Services will be as set out in the Quotation. All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services represented by or described by them. They shall not form part of the Contract or have any contractual force. The Company reserves the right to alter the content, timing, venue and format of the Services.
4.1 The Client agrees to pay the fees and expenses at the rates and in the manner set out in the Quotation. Value Added Tax (VAT) is not included and will be charged at the standard rate and shall be payable by the Client in addition to the fees and expenses on receipt by the Client of a valid VAT invoice from the Company.
4.2 Invoices will be submitted by the Company as provided in the Quotation and shall be paid by the Client within 28 days of the date of the invoice.
4.3 In the event of late payment for whatever reason and without prejudice to its other rights and remedies, the Company shall have the right: -
4.3.1 to suspend any further performance of the Services for such period as the Company feels fit including where appropriate the issuing of any exam results;
4.3.2 to charge interest on all outstanding monies due from the Client to the Company at the rate of 4% above the base rate of National Westminster Bank PLC from the date of the invoice to the date of payment. The Client shall pay the interest together with the overdue amount.
4.4 Travel and subsistence costs including but not limited to travelling expenses, hotel costs, subsistence’s and any associated expenses reasonably incurred by the Company or its representatives during the performance of the Services shall be for the account of the Client and shall be paid as soon as reasonably practicable following request.
4.5 If the performance of the Services is suspended or cancelled at the request of the Client or is prevented or delayed by any act or omission by the Client or through any failure or delay by the Client, including but not limited to the performance of its obligations under clauses 7.1 and 7.6 below then the Company shall be immediately entitled to:
4.5.1 full payment for Services commenced prior to suspension, cancellation or delay by the Client; and
4.5.2 the cost of the cancelled Service fees set out in the Quotation based on the following sliding scale:
Cancellation within three Working Days - 100% of fees.
Cancellation within five Working Days - 90% of fees.
Cancellation within ten Working Days - 75% of fees.
Cancellation within fifteen Working Days - 50% of fees; and
4.5.3 the Client shall reimburse the Company on written demand for any costs or losses sustained or incurred by the Company arising directly or indirectly from the Client default listed in clause 4.5.
4.6 All payments to be made by the Client under the Contract will be made in full without any set-off, restriction or condition and without any deduction for or on account of any counterclaim. Time for payment shall be of the essence of the Contract.
5.1 The Company shall use its reasonable endeavours to comply with any date(s) for completion of the Services PROVIDED THAT such date(s) shall not be binding, and time shall not be of the essence for performance of the Services. Failure to comply with such date(s) shall not constitute a breach of contract nor (for the avoidance of doubt) will the Company have any liability to the Client for direct, indirect or consequential loss (all three of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused
(including as a result of negligence) by any delay or failure in performance except as set out in this condition and in no case shall delay by the Company be a ground for rejecting the Services or otherwise rescinding the contract.
5.2 Subject to clause 5.1. if expedited performance of the Services is required by the Client, the additional costs incurred by the Company may be charged to the Client in addition to the fees and expenses set out in the Quotation.
5.3 The Company warrants to the Client that the Services will be provided using reasonable skill and care.
6. Warranties and Liability
6.1 In the event of any breach of the Company’s express obligations under these Conditions the remedies of the Client will be limited to damages, which in any event shall not exceed the fees and expenses paid by the Client for the Services.
6.2 The Company shall be under no liability to the Client for any infringement or alleged infringement of any patents, registered designs, copyright and any other intellectual property rights owned or controlled by a third party arising out of or in connection with the Services or the manufacture, sale and use of any prototype or any Goods supplied pursuant to performance of the Services.
6.3 The Company does not exclude its liability (if any) to the Client:
6.3.1 for breach of the Company’s obligations arising under section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982;
6.3.2 for personal injury or death resulting from the Company’s negligence;
6.3.3 under section 2(3) Consumer Protection Act 1987;
6.3.4 for any matter which it would be illegal for the Company to exclude
(or to attempt to exclude) its liability; or
6.3.5 for fraud.
6.4 The Company shall be liable to the Client for damage to property if such damage is caused directly by the Company’s negligence or of any person for whose acts it is responsible save that its liability under this clause shall be limited to the lesser of the direct costs of replacement or repair of the damaged property of the sum of £500,000 per incident or series of incidents arising out of the one event.
6.5 It is hereby agreed by the Client that the Company shall in no circumstances be liable to the Client for direct, indirect or consequential loss (all three of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss)howsoever caused (including as a result of negligence) by any delay or failure in performance except as set out in this clause 6 and in clause 5.1.
6.6 Except as set out in clauses 5.1 and 6.1 to 6.5, the Company hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in the Contract) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of the Client.
7. Clients Obligation
7.1 The Client agrees to give the Company such information advice and assistance relating to the Services as the Company may reasonably require within sufficient time to enable the Company to perform the Services in accordance with the Quotation.
7.2 The Client shall be responsible to the Company for ensuring the accuracy of any information submitted by the Client.
7.3 The Client shall indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Company’s use of the Client’s information.
7.4 The Client shall indemnify the Company against all claims, actions, losses, damages, costs and expenses incurred by the Company arising from or due to the negligence of the Client its servants or agents.
7.5 Any property supplied to the Company by or on behalf of the Client shall be held and worked upon by the Company at the Client’s risk. The Company shall not be liable for any loss or damage to any such property.
7.6 The Client shall comply with all applicable health and safety legislation and regulations in respect of any employee of the Company or self- employed person engaged by the Company to provide the Services whilst such person is working on the Client’s premises and the Client shall provide the Company with such information as is necessary to enable the Company to comply with all applicable health and safety legislation and regulations in respect of that person.
8. Computer Software
If as part of the Services the Company is required to develop for the client a computer software program and any manuals and other computer documentation the Company shall enter into a licence agreement with the Client for the use of such computer program and computer documentation and in the event that the terms and conditions of such licence shall conflict with these conditions, the terms of such licence, to the extent of the conflict, shall prevail.
9. Intellectual Property Rights
9.1 Copyright in all original drawings, designs, course materials, Quotations, reports and other recorded matter whether made in connection with the Quotation, and/or the Services or otherwise shall remain vested in the Company at all times.
9.2 No part of any course materials, consultancy reports, management systems or any other materials provided by the Company may be reproduced or transmitted in any form or by any means or stored in any retrieval system of any nature without prior permission, except as it may be permitted to do so by law.
9.3 Unless otherwise agreed in writing ownership of all inventions discoveries and improvements thereto which arise in connection with the Quotation and/or the Services shall vest in the Company provided that the Company shall grant to the Client a non-exclusive royalty free licence to use such inventions discoveries and improvements.
10.1 All drawings and technical information supplied by the Client to the Company and all information supplied by the Company to the Client shall be deemed to have been furnished in confidence for the purpose authorised by the Quotation or acknowledgement of Order and no other. The recipient party shall take all reasonable precautions to prevent communication of any such information to any of its employees or to any third party except as may be necessary in order to carry out the purpose of the Quotation or the Services. If disclosure to an employee or a third party is necessary for such purposes, then such employee or third party shall be required to observe the same confidentiality obligation as the recipient party.
10.2 Neither the Company nor the Client shall use the name of the other in any publicity material nor publish anything relating to work being undertaken pursuant to the performance of the Services without the prior written permission of the other (such permission not to be unreasonably withheld).
10.3 The obligations of confidentiality and non-publication contained in Clauses 10.1 and 10.2 shall not apply to any information which: -
10.3.1 is in or entered the public domain other than by virtue of the recipient’s act or omission;
10.3.2 is known to the recipient at the time of the disclosure to the recipient provided that the recipient produces to the other satisfactory evidence of the same within 14 days of such disclosure;
10.3.3 is required to be disclosed by the recipient by a court of competent jurisdiction or any UK government or regulatory authority.
11.1 The Company may by written notice terminate the Contract with immediate effect if the Client is in material breach of the Contract or enters into insolvency, bankruptcy, any arrangement with its creditors or any other arrangement or situation which has a like effect. Notwithstanding any other provision in these Conditions, failure to pay any sums due in accordance with clause 4.2 is a material breach of the terms of the Contract.
11.2 The termination of the Contract howsoever arising is without prejudice to the rights, duties and liability of either the Client or the Company accrued prior to termination. The conditions which expressly or impliedly have effect after termination will continue to be in force notwithstanding termination.
12. Restrictive Covenants
12.1 The Client agrees that it will not during the Relevant Period, without the prior written consent of the Company whether directly or indirectly, and whether alone or in conjunction with, or on behalf of any other person and whether as a principal, shareholder, director, employee, agent, consultant, partner or otherwise solicit, induce or entice away from the Company or employ, engage or appoint in any way cause to be employed, engaged or appointed a Critical Person whether or not such a person would commit any breach of his or her contract of employment or engagement by leaving the service of the Company.
12.2 For the purposes of Clause 12.1 above:
“Critical Person” means any person who is an employee, agent, director, consultant or independent contractor employed, appointed or engaged by the Company at any time within the Relevant Period who delivers to the Client any health, safety and environmental training or provides consultancy/advisory services or such other person, who is an employee, agent, director, consultant or independent contractor, who by virtue of their knowledge, seniority and/or expertise is likely to be able to assist or benefit the business of the Client to the detriment of the Company. “Relevant Period” means the period of the Contract and for the period of 6 months immediately after the termination of the Contract for whatever reason.
12.3 In the event that the Client employs, engages, appoints or in any way causes to be employed, engaged or appointed a Critical Person during the Relevant Period without the prior written consent of the Company, the Client shall pay to the Company an amount of £35,000 by way of liquidated damages within 30 days of such employment, engagement or appointment.
13. Force Majeure
Neither party shall be liable to the other for any loss or damage or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of either party’s obligations in relation to the Services, if failure was due to any cause beyond the reasonable control of either party including without limitation Act of God, explosion, flood, tempest, fire or accident, wars or threat of war, sabotage, insurrection, an act of terrorism, civil disturbance or requisitions, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial
actions or trade disputes (whether involving employees of the either party or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery, and power failure or breakdown in machinery.
14.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
14.2 If any condition or part of the Contract is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from the Contract and will be ineffective, without, as far as is possible, modifying any other provision or part of the Contract and this will not affect any other provisions of the Contract which will remain in full force and effect.
14.3 No failure or delay by the Company to exercise any right, power or remedy will operate as a waiver of it, nor will any partial exercise preclude any further exercise of the same, or of any other right, power or remedy.
14.4 The Company may assign, delegate, license, hold on trust or subcontract all or any part of its rights or obligations under the Contract.
14.5 The Contract is personal to the Client who may not assign, delegate, license, hold on trust or sub-contract all or any of its rights or obligations under the Contract without the Company’s prior written consent.
14.6 The parties to the Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
These Conditions, the Quotation, the Company’s standard forms and the Contract shall be governed by and construed in accordance with the laws of England and Wales and the Company and the Client submit to the
exclusive jurisdiction of the courts of England and Wales.
16.1 All communications to the Company shall be addressed to Strategic Analytics Team Ltd Ltd at the address of the Company set out in the Quotation.
16.2 All communications to the Client shall be sent to the address appearing in the Quotation unless some other address has been notified in writing to the Company.
17. Variation of Conditions of Contract and Quotation
Any variation to the Quotation or the Conditions of the Contract and any representations about the Services shall have no effect unless expressly agreed in writing (on the Company’s headed paper) and signed by a director of the Company.
18. Entire Agreement
These Conditions together with the Quotation or the Company’s standard order form and the Company's acknowledgement of Order shall form the entire agreement between the Company and the Client. These Conditions shall supersede and prevail over terms and conditions sought be imposed by the Client provided that this shall not exclude any liability which the Company would otherwise have to the Client in respect of any statements made fraudulently by the Company prior to the date of the Quotation.
Driver Training Requirements
Companies or individuals booking driver education training courses need to make sure that they meet the following criteria for a successful training to be completed.
Classroom Based Training
The training that is being booked are for groups up to 10 people. You can have as few people attend the training as you wish the fee will remain the same.
You will need to provide a safe and comfortable training room with a power source
You should provide a projector or similar technology to enable presentations to be done from a laptop
You should provide wipe boards or flipchart and stand with appropriate pens
You should provide adequate refreshments for all those attending the course and the Trainer
If you want the trainer to have a site HSE induction prior to the training event, please let us know so that we can arrange them to be on site at least 45 minutes before the course time.
If you need the trainer to have specialist PPE beyond safety shoes / boots and a HI Viz vest then please have the appropriate PPE available. If you have booked more than 3 courses with us, then we will provide the additional equipment if you advise us of the requirement.
All students attending a course must be on time. If they are more than 10 minutes late they will be excluded from that days training and you will need to re-book them.
Practical on Road Training
Courses are provided on a 1:1 basis
Course locations are normally at the premises of the company / person booking the course unless otherwise specified at the time of booking.
Changes to the date may be made provided there is 5 working days notice provided.
Changes to the location may be made provided that it is within a 15 mile radius of the original location.
Customer must provide a legal and roadworthy vehicle of the type required for the coaching and assessment training.
If the vehicle is not roadworthy or legal, then the customer will have 30 minutes to arrange a replacement vehicle or the course will need to be cancelled and re-booked to another date.
For Eco Driving Courses ONLY, the vehicle supplied must be capable of recording the MPG of the vehicle
The customer is responsible for ensuring that the student attends on time, if the original student does not attend on time then the customer will have 30 minutes to find the original student or arrange for a replacement student .
The students driving licence will be checked with the appropriate licence authority on the morning of the assessment and the student must agree to this taking place. If they refuse then the course will be cancelled as there will be no proof on the day that the student is licenced to drive.
The student will need to undertake a statutory eye sight test, if they fail then the test will need to be cancelled as the student will not meet the minimum legal requirement to drive.
Fork Lift, Plant and Lifting Training Courses
All FLT and Plant training is undertaken at the customer premises using thier equipment. Please make sure that your equipment is in good working condition with all certification in place. If you need assistance in bringing your equipment up to the required certification standards then please contact us and we will assist you.
Courses cannot be undertaken with the correct certification on place and the costs of the course will still be charged.
Costs outside of the UK
The cost quoted on the website are for the UK only. For costs in other countries please contact us here and we will provide a quote to you based upon your location and needs,
For the full terms you should refer to your rental agreement The key headers are outlined below.
Equipment is rented to you under a minimum 3 year contract this may be extended at any time by you provided that we agree to do so.
Equipment will remain the property of Strategic Analytics Team, unless expressly agreed with you.
You cannot transfer the equipment between vehicles without our authorisation from us
The first payment is for the value of 3 months, followed by 33 monthly payments. Each month is payable in advance.
If you fail to make a payment on time, then we may at our discretion disconnect the services and charge you a final payment equivalent to the outstanding balance plus the term of the contract.
At the end of the rental period, the equipment may be retained by you on payment of an additional fee, this will be the equivalent of £290 per unit for telematics equipment and £350 per camera unit.
If the equipment is purchase at the end of the rental agreement, you may continue to have access to the online web portals on payment of the standard monthly charge, this will vary depending upon the equipment, reporting levels and access you require. We will provide you with a quotation for those costs, if you do not respond to the quotation or decline it, then we will terminate online services on the last day of the month for which services have been paid for.
You will be liable for any damage caused to the equipment.
For Cantrack Asset (CT7+ and CT9 ONLY), if your asset is stolen and not recovered, then we will cancel the rental agreement with you from the date on which the asset was stolen, provided that it has been stolen in the UK and that you reported it to the police, Cantrack and your insurers within 2 hours of the theft being discovered. Cantrack must inform you and us that they have been unable to locate the stolen asset.