Terms and Conditions
Definitions
| MHT | Michelle Hay Training Limited. |
| Client | Company representatives completing the booking form and contractual arrangement. |
| Delegate | People or persons who are scheduled to attend the training course. |
| Invoice | Invoice for the services delivered/completed by Michelle Hay Training Limited. |
| Venue | Suitable, safe, premises provided by the client for training and consultancy services. |
| Consultancy | Advice and guidance on health and safety, fire safety and/or food safety based on current legislation and best practice in line with industry guidelines. |
| Highfield | Highfield Awarding Body for Compliance |
| HSE | Health and Safety Executive |
| HSMS | Health and Safety Management System based on the HSE’s Plan-Do-Check-Act. |
| FSMS | Food Safety Management System based on Food Standards Agency ‘Safer Food, Better Business’. |
| ACoP | Approved Code of Practice |
| INDG | Industry Guidance |
| HSG | Health and Safety Guidance |
TRAINING – Terms and Conditions
Payment and Pricing
The ‘group cost’ price quoted is based on a maximum of twelve delegates. For Highfield OFQual certification, a fee per person (relevant to the course level qualification) will be included (unless otherwise stated). If numbers increase, an additional charge per extra delegate will be charged at the advised ‘individual cost’. If numbers decrease, for any reason, no reduction will be offered and the original price will be payable. Also see ‘cancellation’ terms in this document. Invoices should be paid no later than 10 days from the date of invoice either by bank transfer, guaranteed cheque or cash.
The course fee includes tuition, training materials used, hand-outs and computer time as appropriate to the course. For Highfield courses, the Highfield cost will include the stated work book relevant to the course title.
All prices/costs are exclusive of VAT. 20% will be added to invoice and shown separately.
Training Times
Course sessions are ideally in the morning, afternoon or all day e.g., 8.30am-4.30pm. Evening training can be arranged, including night staff sessions. MHT is flexible to meet your training needs, so you can plan your staff cover. All times include appropriate break(s).
Acceptance of Booking
Bookings will only be accepted and confirmed on receipt of a completed online booking form. Provisional bookings can be made by telephone or email. Provisional dates will be held for a maximum of two weeks unless confirmed or otherwise agreed with MHT.
Late Arrivals or Missed Sessions
If delegates arrive late for a course or are absent from any session, MHT reserves the right to refuse to accept them for training if we feel they will gain insufficient knowledge or skill in the time remaining. In all such cases, the full course fee remains payable. MHT will seek to discuss this with the client at the earliest opportunity to explain the reasons for exclusion.
Delegate Suitability
It is the client’s responsibility to ensure that the course is suitable for their requirements. All delegates must be able to be able to speak and write in English to at least level 1 standard. (Highfield examinations are available in a number of different languages. Arrangements must be made at the time of booking, as examinations are ordered in advance).
MHT reserves the right to ask a delegate to leave the training course if the delegate’s behaviour is abusive, offensive or disruptive to the learning environment. It is the client’s responsibility to inform MHT in advance of any delegates that have learning difficulties and/or disabilities. The client is responsible for providing support to those delegates that require it, be it oral or written or accessibility. MHT is committed to the Equality Act 2010. All delegates will be required to abide by any site rules and regulations operating at the course location.
All delegates who will sit a formal RQF examination at the end of the training must have the right to live and work in the UK, and it is the client’s responsibility to ensure this can be evidenced on the day.
Proof of ID may be in the form of:
- a valid passport (any nationality)
- a signed UK photocard driving licence
- a valid warrant card issued by HM forces or the police
- another photographic ID card, e.g. employee ID card, student ID card, travel card etc.
Course Content
Course content is based on nationally recognised certifying bodies, such as Highfield, CIEH, RSPH, and HSE ACoPs, INDG and reflects, as appropriate, the standards of training content outlined by them. The client must discuss in advance any company specific house rules that they wish be included in the training for the benefit of the delegates. MHT reserves the right to exclude this content if it is deemed inappropriate, illegal or liable to have a negative effect on the delegate’s post training behaviour, or it does not reflect the values of MHT. MHT constantly strives to improve the content of its courses and therefore reserves the right to modify the specification of a course without notice to the client. A course title, duration, cost and content are liable to change at any time.
Venue
The client shall provide a suitable room and environment for the purpose of training that complies with health and safety regulations*. If the client does not have a suitable venue, MHT can arrange for this at an additional cost and MHT must be advised of this fact with reasonable notice to facilitate such a venue.
Refreshments
All training courses shall include a refreshment break appropriate to the course, and it is the client’s responsibility to arrange for the delivery of these. Times of breaks should be discussed prior to the start of the course. MHT is not liable for the cost, content or quality of the refreshments provided.
Equipment
Where possible MHT will endeavour to provide the necessary equipment needed for the course. If the venue already has the equipment required for the course, MHT will use the venue’s equipment. It is the client’s responsibility to ensure that all equipment is in good repair and fit for purpose. Confirmation of equipment requirements will be sought prior to the course start date via a ‘facilities checklist’ form.
Training Materials
All training materials used during the course are the property of MHT and must not be copied or distributed to others outside of the client’s company. Hand-outs given to the delegates may only be copied for use within the company that has paid for the training. The client must provide a list of delegate names prior to the start of the course. MHT will complete a training register at the start of the course and a copy will be given to the client as evidence of attendance. The client is responsible for the completion of any other form of training record and such documents must be available to MHT at the start of the course for completion by the delegate and MHT, if required. Certificates of attendance, issued by MHT, will include the course title, date of training, company name and name of delegate and will appear on MHT literature. Where the certificate is provided by an external body, MHT is not responsible for the content of that certificate.
CONSULTANCY SERVICES Terms and Conditions
Payment and Pricing
The price quoted for consultancy are based on an assessed workload at the time of the quotation being issued. MHT prices are subject to adjustment to take account of any increase in the business undertaken for the service. Any under assessment of either time taken or workload will result in an adjustment of price accordingly. MHT reserves the right to back date such increases to the relevant date when the under assessment became apparent. Notification of such increases will be given to the client in writing by MHT as soon as is reasonably practicable.
The client may request further services in which event an adjustment of fees will be negotiated by MHT with the client based on MHT current rates and the scope of the additional services.
Invoices should be paid no later than 10 days from the date of invoice either by bank transfer, guaranteed cheque or cash. Where an invoice is for ‘retainer’ services, payment must be paid at the agreed intervals and on the agreed date by standing order or BACS payment to MHT. Any variations to the above may only apply with prior written request from the client and written agreement with MHT.
Under the Late Payment of Commercial Debts [Interest] Act 1998 MHT is entitled to charge interest on outstanding balances at 8% plus the Bank of England base rate. If such an event arises, MHT will notify the client by issuing a further invoice detailing the interest charges.
Consultancy Services
Consultancy services and advice provided by MHT are based on current health and safety legislation in the UK. MHT will endeavour to identify to the client any matter that is considered unsafe or not in compliance with relevant legislation. It is solely the client’s responsibility to comply with ‘so far as is reasonably practicable’ to the HSE’s guidance, relevant industry guidelines and safe systems. Failure to do so may lead to criminal prosecution under the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999.
All advice given by MHT is done so for the benefit of the client’s business, activities and its level of risk to assist the client in fulfilling their duties in law and maintain the health and safety of its workforce. It is the client’s responsibility to ensure that any advice given is followed and/or actioned in a timely manner. MHT shall not be responsible for any matter not reasonably apparent at the time of providing consultancy services. The client agrees to make available to MHT at the time of the service being given, the following information that may assist in the assessment of level of risk:
- Access to premises (and any relevant part) available to the client, its employees and agents.
- Access to relevant documents, information and personnel as MHT require for the performance of MHT’s duties.
In order to comply with the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999, all businesses must provide suitable, sufficient and adequate training to their employees. MHT will, as part of the consultancy service, include a training matrix that details recommended training requirements.
Training provision can be provided by MHT, whether face to face or via the Online Training Works portal. Training is charged separately from consultancy and can be booked at any time by completing the booking form after dates have been agreed with MHT for face to face training. Failure to provide suitable and sufficient training to employees may lead to serious accidents, incidents and failings in the duty of the employer/owner.
MHT will meet with the client at agreed intervals to advise how best to implement the health and safety management system. MHT will not be held responsible if the client fails to act on MHT advice and guidance. Nor will MHT be deemed responsible for any accidents, damage, failings or contraventions that occur on the client’s premises.
MHT will, from time to time, seek advice from specialist, competent third parties when deemed necessary. Such advice will be conveyed to the client via MHT for the benefit of complying with legislation or to establish best practice methods and safe systems of work.
General Terms and Conditions
Variations
This Agreement may only be varied or amended in writing and signed by the parties specifically referring to this clause and stating that this Agreement is varied in the manner specified.
Other Information
All information that we hold concerning clients and delegates will be gathered and processed by MHT strictly in accordance with the provisions of the General Data Protection Regulations. See also MHT Privacy Policy at michellehay.com/about-privacy-policy
MHT obtains written feedback and testimonials at the end of each course or service. The information is used to modify and/or improve, where possible, the training and service delivery and, for the purposes of MHT retaining accreditation from the CIEH, Highfield and other awarding bodies. MHT will publish some feedback information on her website to demonstrate evidence of competent training and consultancy services. If you wish your feedback and/or client name not to be published, please email MHT.
MHT uses social media platforms to share information, images and case studies with other interested parties. If you do not wish to be included, this should be made known to MHT at the earliest opportunity in writing.
Michelle Hay is committed to the Equality Act and no-one shall receive less favourable treatment on any grounds including age, sex, marital status, colour, race, political or religious belief, disability or sexual orientation.
Michelle Hay Training Limited is a private company limited by guarantee registered at Companies House with company number 8613413.
Cancellations
All cancellations must be made in writing and sent to Michelle Hay Training Limited by email to michelle@michellehay.com
- Cancellation of training:
- up to 4 weeks prior to the training date – no charge
- 2-3 weeks prior to the training date – 50% of total cost
- 1-2 weeks prior to the training date – 75% of total cost
- less than 1 week prior to the training date – 100% of total cost
In the unlikely event that MHT cancels the training due to unforeseen circumstances, as much notice possible will be given and an offer of alternative dates will be made.
- Cancellation of consultancy services:
Cancellation of a consultancy agreement will incur a maximum of three months’ monthly fee and will be payable within 10 days of the date notice was given.