Terms and Conditions
1. About Us
Construction and Management Training Limited is registered with Companies House number 07037234. We own and operate the website www.c-m-t.co.uk.
In these terms and conditions, the following words will be given these meanings:
‘Agreement’ refers to these terms and conditions;
‘Business hours’ Monday to Friday between 08.30am and 05:00pm, except Bank holidays (recognised in England).
‘Company’ refers to Construction and Management Training Limited and also referred to as ‘CMT’, ‘the Company’, ‘Us’ or ‘We’;
‘Commencement’ means the date from when the term of this contract starts.
‘Client’ refers to the organisation, group, association, any business or individual to whom we provide services. Also referred to as ‘You’;
‘Instructor’ refers to any employee, subcontractor or agent working on behalf of Construction and Management Training Limited
‘Training Centre’ refers to our Fulbourn Training Facility in Cambridgeshire
Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
The headings contained in these terms and conditions are for convenience only and do not affect their interpretation.
References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
When making a booking for training courses, we will confirm the details to you in writing and from the date that a confirmed booking is placed a contractual agreement with us for the full services booked will be in force. Any changes, cancellations and refunds are subject to these terms and conditions.
5. Provision of Services
These terms and conditions shall apply to the provision of training services and courses by Construction and Management Training, including the hire of our classrooms at our Training Centre.
Construction and Management Training shall provide the Services with reasonable skill and care, commensurate with prevailing standards in the UK training sector.
Construction and Management Training shall act in accordance with all reasonable instructions given to it by the Client provided such instructions are compatible with the specification of Services.
Construction and Management Training shall be responsible for ensuring that it complies with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services.
Construction and Management Training shall use all reasonable endeavours to accommodate any reasonable changes in the Services that may be requested by the Client, subject to the Client’s acceptance of any related reasonable changes.
6. Client’s Obligations
The Client shall provide all pertinent information to Construction and Management Training that is necessary for the provision of the courses booked. A list of course attendees should be provided to us no later than 5 working days before the course date.
If services are to be provided at the Client’s premises or any other location controlled by the Client, the Client shall ensure that CMT have access at the agreed times, the site specified is suitable for the requirements of the services and that it meets any relevant approved Codes of Practice as set out by CMT or any related Awarding Body.
Failure in the aspect of site suitability above may result in cancellation of the booking without notice and subject to cancellation terms.
7. Health and Safety
The client is solely responsible for ensuring all relevant insurance policies are in place and current for any services taking place at the client’s site. Any equipment owned by or hired to the client for use by candidates and/or CMT instructors must be in a safe working condition and fit for purpose.
8. Late Arrival
CMT instructors will endeavour to accommodate candidates who are slightly late for course start times for genuine reasons. If, in the opinion of the instructor, the late candidate has not missed much of the course and can make this up during the day, the candidate will be allowed to join the course. If, in the opinion of the instructor, the candidate is not able to make up the missed work, they will not be allowed to join the course and cancellation fees will apply.
Candidates that arrive late to their CPCS theory and/or practical test will not be allowed to complete their testing in line with the CPCS Scheme Rules. CPCS testing times will be provided to the client via email prior to the start date of the booking.
9. Training Pre-Requisites
Failure of any element of a course or test that is a prerequisite for subsequent elements will result in part or all of the booking being charged in full. Additionally, failure to supply any prerequisite documents or comply with other requirements prior to the commencement of the course or test will result in part or all of the booking being cancelled and charged in full.
10. Delegate Information
For training courses involving elements of a practical nature, candidates are required to provide their own Personal Protective Equipment (in clean and working order) as detailed on the Joining Instructions issued. Additionally, candidates must be physically fit to withstand the rigours of training. The onus is entirely on the candidate to ensure their fitness and suitability to undergo training and CMT cannot and will not accept any responsibility in this regard. Consumption of any alcohol or illegal substances is not permitted before or during any CMT courses or testing. If there is any evidence of such, instructors are obliged to refuse to train/test the candidate.
Equipment must not be removed from the training environment. Any damage caused by wilful misuse or negligence will be invoiced to The Client.
For booking of any CPCS course or technical test the client is responsible for the candidate having achieved a valid Health and Safety Touch Screen Test. CPCS tests cannot be completed without the candidate having a valid CSCS Health, Safety and Environment Test. To be classed as valid under the rules of the CPCS scheme the CSCS Touch Screen Test must have been passed within 2 years of the CPCS test date. For example, if the candidate passed the test over 4 years ago, the Touch Screen Test must be taken again before completing a new CPCS test.
11. National Vocational Qualification (NVQ)
Clients are required to make up an initial payment of 50% of each NVQ category before the booking can be processed. This is to cover the cost for the administration, registration and portfolio expenses that CMT are required to settle upon commencement of the NVQ. The initial 50% upfront payment is non-refundable. Upon completion of the NVQ, the customer will be charged the remaining 50% balance.
If the candidate is not present at the confirmed location at the agreed date and time of NVQ Assessment visit, CMT reserve the right to charge the customer £250.00 as a No Show fee.
For booking of any National Vocational Qualifications the client is responsible for the candidate having achieved a valid Health and Safety Touch Screen Test. CPCS Blue Cards cannot be applied for without the candidate having a valid CSCS Health, Safety and Environment Test. To be classed as valid under the rules of the CPCS scheme the CSCS Touch Screen Test must have been passed within 2 years.
Course bookings are subject to availability. All applicable charges shall be advised and agreed with the Client prior to confirming a booking for courses.
The Client shall pay to the Company the agreed charge in return for training courses to be supplied as detailed. Any alteration or addition to the number of attendees may result in an increase in the charge under this contract.
Charges for training courses/tests are due for payment 30 days (or in line with your contractual agreement) from receipt of invoice. Payment can be made by credit card or BACs transfer to the Company account. All charges are subject to VAT at the prevailing rate.
The Company reserves the right to cancel or suspend services under this contract, on a temporary or permanent basis, if payments due are not received by the Company.
14. Late Payment
Invoices not paid by the due date will be subject to interest at a rate of 8% of the gross invoice amount plus the Bank of England base rate of 0.5%, calculated on a daily basis. Additional fees for administration and legal costs will also be added to the outstanding amount where credit control and enforcement action become necessary.
The Company will be under no obligation to provide or issue any certificates or other similar documents to the Client, unless payment has been made and received in full.
Duplicate certification will be charged as per the Awarding Body cost incurred to CMT plus a £25.00 administration fee.
16. Company Personnel
The Company shall appoint suitable trainers, testers or assessors to carry out services on behalf of the Company at their sole discretion. All appointed instructors will be checked to ensure they are suitably qualified and have the correct certification and accreditations as appropriate.
Construction and Management Training reserves the right to terminate any Agreement in the following circumstances:
(i) failure to pay any sum due;
(ii) the Client is in material breach of any of these terms and conditions;
(iii) the Client is in liquidation, or may be wound up due to insolvency.
18. Cancellation, Substitutions and Refunds
If the Client needs to change the date of a course, CMT will endeavour to accommodate the request, which may depend on course and instructor availability. If the change is requested within 0-14 days of the booked date, the cancellation will be charged at 100% of the total booking amount, unless we are able to rearrange the date to suit both you and us. If the change is within 15-28 days of the booked date, the cancellation will be charged at 50% of the total booking amount, unless we are able to rearrange the date to suit both you and us. Any reduction or variation in the cancellation fee is solely at the discretion of Construction and Management Training.
Substitute candidates will be accepted free of charge unless there are restrictions or charges from an Awarding Body.
CMT reserve the right to cancel courses if insufficient candidates are available to make running of the course viable. Full refunds will be given in the event of a total cancellation by us and where the services cannot be rescheduled.
The Company shall ensure that it has in place at all times suitable and valid insurance that shall include public liability insurance.
The Client shall indemnify the Company against any and all actions, claims, demands, suits, losses, costs, expenses and charges which the Company may suffer or incur in connection with a claim by a third party, resulting from a breach of the clients’ obligations, undertakings and representations and warranties in connection with this contract.
21. Limitation of Liability
We warrant that we will provide the Services with reasonable care and skill. Except as expressly provided in these Terms and Conditions, all warranties, conditions or other terms implied by statute or by common law in connection with the supply of our services are excluded to the fullest extent permitted by law. Nothing in these Terms and Conditions shall purport to exclude or restrict our liability for death or personal injury resulting directly from our negligence in carrying out services under this Agreement.
22. Intellectual Property Rights
All content of this website and our training materials, including graphics and logo remain the sole property of the Construction and Management Training and are not to be copied, reproduced or distributed either in part of full, without our prior written consent.
23. Confidentiality and Data Protection
Construction and Management Training will adhere to all national and EU data protection, data transfer, and data retention laws and regulations. We store all data securely.
Any Client testimonials or quotes will only be used on the website or other marketing material with the express permission of the individual. Under data protection legislation all individuals have the right to access their personal data and when processing data on your behalf we will comply with the provisions of UK data protection legislation.
24. Force Majeure
While every effort will be made by the Company to provide training services, where accepted, the full performance of this contract is subject to variation or cancellation by the Company consequent upon an act of God, war, strikes, riots, lock-outs or other labour disturbances, fire, flood, restrictions of the use of transport, fuel or power, requisitioning, shortage of material or transport or labour or any other cause beyond the control of the Company.
In the case of extreme bad weather conditions, the Company reserves the right to cancel or reschedule courses and training, if the weather would cause a health and safety risk.
25. No Waiver
No failure or delay by either party in exercising any of the rights under this contract shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of the contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
26. Amendments to Terms
Construction and Management Training may revise these Terms and Conditions from time to time and will notify you of any material changes that apply during any relevant contractual period.
If one or more of the provisions of these terms and conditions is found to be unlawful, invalid or otherwise unenforceable, those provision(s) shall be deemed severed from the remainder of these terms and conditions and shall remain enforceable.
28. No Partnership
Nothing in these terms and conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship other than the contractual relationship expressly provided for in these terms and conditions.
29. Third Parties
No part of these terms and conditions shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
Construction and Management Training is a limited Company registered in England & Wales, registered number 07037234. We can be contacted by email to CMTUK@c-m-t.co.uk or by post to Studio 1, Corby Enterprise Centre, London Road, Corby, Northamptonshire NN17 5EU.
Notices sent to us by e-mail will be deemed to have been received twenty-four hours after sending.
31. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of England and its courts shall have exclusive jurisdiction in respect of any dispute or legal proceedings relating to any matter under this contract.