1. Definitions
The following terms shall have the following meanings:
• The “Client” means the person, company or other legal entity identified who have made a request to Red Cow Academy to supply Services.
• “Services” means the goods or services to be provided by Red Cow Academy & Consultancy to the Client specified and agreed under these terms.
• “Booking Date” is the date when Red Cow Academy has agreed to supply the course or other Services requested by the Client and the price and date are agreed at the point of booking.
• “Intellectual Property” includes all training materials, course manuals, advice, consultancy and other confidential information supplied by Red Cow Academy & Consultancy to the Client, whether copyrighted or not.
2. Scope of these Terms & Conditions
The Client agrees that the provisions of these Terms and Conditions shall constitute all of the provisions relating to the Services to be provided to the Client by Red Cow Academy, effective from the point of booking. No other terms and conditions shall be accepted unless otherwise agreed by Red Cow Academy in writing.
3. Training Courses
The contents of the Course Outlines and the duration and timings stated are intended for general guidance only and do not form any part of a contract. Red Cow Academy reserves the right to make any reasonable changes to public scheduled courses and private courses, including the content, timing and location of the courses, without notice.
The indication of course availability and location shown on the Red Cow Academy website is for guidance only and does not form any part of a contract. Please contact Red Cow Academy to confirm your booking before making any travel or accommodation arrangements as Red Cow Academy will not be liable for any such expenses that you may incur.
It is the responsibility of the person booking the course to ensure that the course content meets their/their delegates requirements and that the delegates meet the prerequisites of the course on which they are booked.
Red Cow Academy reserves the right to refuse admission onto a training course by any person whom they consider in their absolute discretion to be unsuitable for admission onto the course.
We reserve the right to remove any persons after the commencement of a course if they
– do not meet the pre-requisites for the training;
– behave in a manner that is unsuitable, or disruptive;
– show signs of illness that could be infectious and a danger to other delegates or staff.
Whilst we will endeavour to help attendees understand the course content we cannot be held responsible for any difficulties experienced or misinterpretation, including those arising due to a lack of proficiency in the English language.
4. VAT
Prices quoted are exclusive of Value Added Tax which will be added at the appropriate rate.
5. Terms of Payment
Where the Services relate to the provision of a training course, payment is required no later than 5 Working Days before the start date of the course. Other arrangements may be agreed upon in the case of late bookings or where an official purchase order is provided.
Where Services involve other services than training, payment is required 5 Working Days prior to delivery or as otherwise agreed in writing.
Red Cow Academy is entitled to charge interest at 8% per month or part thereof on overdue payments.
Where pre-agreed by Red Cow Academy a payment may be agreed by Purchase Order. Where payment by Purchase Order is agreed these Terms and Conditions shall remain in full force and no variation to these Terms and Conditions is accepted by Red Cow Academy, unless specifically agreed by Red Cow Academy in writing. For the avoidance of doubt, any change to these Terms & Conditions detailed within a Purchase Order, or by another means, without specific acceptance by Red Cow Academy in writing, shall be null and void.
6. Cancellation, Transfers and Substitutions with respect to Training Courses
Red Cow Academy reserves the right to cancel or arrange an alternative date for any course. Where this does occur, Red Cow Academy will endeavour to provide as much notice of cancellation or change to the Client as possible. In the event of cancellation, the Client will be entitled to a full refund of the course fee or re-allocation to an alternative date if agreed, but Red Cow Academy shall not be liable for any other loss or expense arising.
The Client may cancel the course booking by notifying Red Cow Academy in writing by acknowledged email, or by recorded delivery, as soon as reasonably practicable. If a delegate does not attend the training the Client shall be deemed to have cancelled the course booking. The Client shall be liable to pay a cancellation fee as follows:
Public Scheduled or Private Courses:
Number of Days Notice Proportion of Course Fee Payable
0-5 Working Days 100%
5-7 Working Days 50%
Please note that any bank fees incurred by Red Cow Academy in processing any payment will not be refunded. We also reserve the right to charge a £25 administration fee.
In the event that a delegate is unable to attend the course booked, Red Cow Academy will endeavour to transfer the delegate to an alternative course date. If this is requested 8 or more Working Days from the start date of the booked course, then no charge will apply. If a transfer is requested 7 or fewer Working Days prior to the course commencement date, then the cancellation fees above will be payable.
Red Cow Academy will allow the Client to substitute one delegate for another. In the event of a substitution, there will be no charge to the Client.
7. Credit Rating
Red Cow Academy normally requires payment 5 days prior to commencement of a course. Where prior payment is not possible Red Cow Academy reserves the right to assess the financial records of any organisation or individual making a booking to determine their credit status. Red Cow Academy reserves the right to refuse a booking if the credit status is deemed by Red Cow Academy to represent too high a risk.
8. Liability
Red Cow Academy’s total liability for any loss or damage shall not exceed the price payable for the Services, except in cases of personal injury or physical damage to the Client’s property caused by Red Cow Academy.
Red Cow Academy shall not be liable for any indirect or consequential loss, including but not limited to: loss of profits; loss of revenue; loss of goodwill; loss of data; failure to achieve savings; failure to improve performance.
9. Force Majeure
Red Cow Academy shall not be responsible for the failure of performance of its duties and obligations due to any act of God, pandemic, fire, act of government or state, war, civil commotion, sickness or other cause beyond its reasonable control.
10. Data Protection and Confidentiality
The policy of Red Cow Academy with respect to data protection is detailed in its Data Protection Policy which should be read in conjunction with these terms and conditions of the contract.
All Intellectual Property associated with training courses or other Services shall remain vested in the owner be it Red Cow Academy, or others.
Intellectual Property which includes, course materials, slide decks, manuals, videos, guides, strategy templates, must not be copied or reproduced or disclosed to any person or persons who have not attended the relevant training course with Red Cow Academy, without the prior written consent of Red Cow Academy. The Client shall ensure that its employees and all those under the Client’s control and supervision comply with this obligation. Red Cow Academy reserves the right to pursue any breaches of this clause legally, as appropriate.
11. General
No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of Red Cow Academy.
At the commencement of the Contract and for a period of 12 months thereafter, the Client shall not directly or indirectly employ or solicit for employment any employees of Red Cow Academy or its Training Providers.
All parties (including Red Cow Academy, the Client and the Training Provider) shall comply with the Anti-Bribery Act 2010 and will make it clear to those providing services to it, that it does not accept or condone the payment of bribes on its behalf.
All parties (including Red Cow Academy, the Client and the Training Provider) shall comply with the Modern Slavery Act 2015.
All parties (including Red Cow Academy, the Client and the Training Provider) will not discriminate on grounds of Race, religion, creed, colour, national and ethnic origin, political beliefs, gender, sexual orientation, age, disability, health, mental health, marital status, responsibility for dependants, social class, income level or criminal record.
If for any reason, any sub-clause or paragraph of these Terms and Conditions should prove unenforceable or invalid, this shall not prejudice or affect the validity or enforceability of the remainder.
These Terms and Conditions are governed by and should be construed in accordance with English law.
If you have any questions about these Terms and Conditions please email info@redcowacademy.co.uk