Terms and Conditions
The following terms and conditions govern the business relationship between the purchaser/user and Inspired Training here after referred to as IT. The IT Website has been developed for the purposes of online training and any other services offered by IT. Purchasing product from IT will automatically mean the purchaser is bound by the terms and conditions of IT. Persons under the age of 18 years may purchase services from IT provided a parent, guardian or responsible person supervises them.
Definitions of terms used in this agreement:
- “Purchaser” means any organization or individual purchasing IT products.
- “IT Website” means the entire computing hardware and software installation that supports the IT website.
- “Services” means any of the services IT offer for sale on the IT website and include generally available updates and support services so far as specified for each service.
- “Content” means any material published on the IT website by IT or any third party with IT consent.
- “Material” means content or material posted by the purchaser on the IT website
- “IT Server” means the server(s) used by IT to host the software.
- “User” means any individual or organization who is licensed to use the software or has any other access to the software for maintenance, support, development or any other purpose.
IT terms and conditions
1.0 The following terms and conditions apply: So far as the context allows these terms and conditions apply to visitors to the IT online shop and purchasers of services from IT.
1.1 IT shall accept the purchasers order by online confirmation. At that time the contract is made. The IT message will also confirm details of the purchasers purchase and provide the purchaser with access to the online services purchased.
1.2 IT maintains the right to change these terms at any time. The terms that apply to the purchaser are those posted on the IT website at initiation of the order.
1.3 When services are purchased from IT under any arrangement, which does not involve the purchasers payment via the IT Website these terms will apply.
1.4 In cases where IT owes the purchaser money, IT will credit the purchasers credit or debit card as soon as reasonably practicable but in any event no later than 31 days from the date of the purchasers order.
2.0 The purchaser’s account with IT.
2.1 The purchaser agrees to provide accurate, up to date, and complete information.
2.2 The purchaser is responsible for maintaining the confidentiality of account details and password and for preventing any unauthorised person/s from using the services provided by IT.
2.3 The purchaser agrees to accept responsibility for all activities that occur under the account or password. The purchaser must inform IT if it is believed that the account or password has been use without authority or if an unauthorised account or password change has been made.
2.4 IT reserve the right to refuse the purchaser access to the IT website.
3.0 Price, payment and service provision.
3.1 Price may vary from those posted on our website. In this event, IT will not provide the services until the purchaser has provided confirmation that they wish to purchase the service at the revised price.
3.2 The purchaser agrees to pay the charge for services stipulated by IT, from a valid credit or debit card, which the purchaser is fully authorised to use. The purchaser authorises IT to arrange withdrawal of funds on the card provided, without further reference to the purchaser.
3.3 Payments will be billed in advance of the service being provided.
3.4 Refunds will be provided at the discretion IT management.
3.5 IT training will be provided online. Confirmation of purchase will be provided by email in conjunction with a brief explanation of the IT website.
3.6 If IT is unable to provide the service purchased within 48 hours of the order being placed, the purchaser will be notify by e-mail with an explanation of the reason, and the date the service will be reinstated.
3.7 The purchaser may cancel purchased services where 10 or more training modules have been purchased. A 10% administration fee will be applied to services that are canceled.
3.8 IT maintains the right to change the nature or provision of the services provided at any time. In cases where this materially changes the functionality of the on line shop or substantially changes the content, appropriate information will be posted on the IT website.
3.9 In cases where IT significantly change the nature or provision of the services and where 10 or more training modules have been purchased the purchaser has the right cancel to a refund on request.
3.10 Changes made in the provision of the services, involving actions on the part of the purchaser, which are not undertaken, may result in termination of services without notification.
3.11 The purchaser may not share or allow others to use the services in the name of the purchaser.
3.12 IT will do its best to maintain the IT website so access is available at all times, however there will be times when there will be interrupted. Interruption to the services, for reasonable periods for maintenance or causes beyond the control IT will not be deemed as reasons for refunds. When IT is aware of the likelihood interruptions to normal services advanced notification will be posted on the web site where possible.
4.0 Foreign taxes, duties and import restrictions.
4.1 IT will not have any responsibility for purchasers’ compliance for purchasers located outside of the UK. UK laws will cover UK purchasers.
4.2 The purchaser is responsible for purchasing services, which can be lawfully imported into the country where the purchaser is located and for the payment of import duties and taxes of any kind levied in that country.
5.0 Use of the services.
5.1 Upon receiving authorisation the purchaser will be granted authorisation to access the online training. Authorisation will be by means of a link to the server used by IT. This right to access the training will come into force from the date of authorisation and will last for a period of 6 months from that date. The authorisation will be for the maximum number of course purchased.
6.1 The training material may not be resold or used for any external or commercial training. No training may be broadcast or used in a presentation for training multiple individuals concurrently. The training and/or documentation shall not be de-compiled, reverse engineered, sold, exported, rented, sub-leased or used for immoral and/or unlawful purposes. The training shall not be modified without the prior written consent of IT. No part of the training shall be used in any other training program, presentation, printed media, email, video, web site or other communication without prior written consent from IT.
7.0 Property Rights.
7.1 No property rights in the training material or in any modification or extension of the training material shall pass to the purchaser. The purchaser agrees not to remove any detail of copyright, trademark or other property right connected with the training material.
8.1 The purchaser shall verify the suitability, relevance and accuracy of the advice given in the training material, before making it available to purchaser’s employees.
8.2 IT accepts no liability for any direct, incidental or consequential damages arising from the use of the training material.
8.3 IT are not responsible for providing or advising upon any third party software licenses needed by the purchaser for access to the training except where such additional software is distributed as part of the IT training.
9.1 If the purchaser fails to comply with any of the provisions of these terms and conditions the right to use IT training material becomes null and void and any copies of training material made, must be destroyed and certify in writing to that effect.
10.1 The purchaser shall not assign, transfer, pledge or otherwise dispose of its rights and obligations in relation to the training material purchased, without the written consent of IT.
10.2 Hosting conditions and Customer’s responsibilities:
10.2.1 The purchaser acknowledge and agree that IT is entitled at any time to release data to a competent law enforcement agency if so instructed and authorised by that agency.
10.2.2 The purchaser is responsible for maintaining the confidentiality and security of the account with IT and for use of its login IDs. IT reserves the right to change or remove logins where the passwords are considered unsafe.
10.2.3 It is the responsibility of the purchaser to monitor data applicable to the use of the IT training. IT will not be responsible for alerting the purchaser to the presence of any data, nor of collating such data or passing it on, unless agreed in writing.
11.0 Service Level Agreement.
11.1 Support hours and coverage: UK: Between 09.00 – 17.30 (GMT/BST) Monday to Friday excluding Bank Holidays and Public Holidays. USA: Between 03.30 – 17.00 (EST) Monday to Friday excluding Public Holidays.
11.2 If an apparent software error in the training system occurs, IT must be notified as soon as it is reasonably possible. Notification may be by phone, fax or e-mail. IT will make reasonable efforts to correct the error as quickly as possible.
12.0 Dissatisfaction with the Services.
12.1 IT will make its best endeavors to provide a flawless service. However, IT acknowledges that problems do occur. Please inform IT at the earliest opportunity of any problems and provide the following information:
12.1.1 Exactly why the training failed.
12.1.2 The date, if relevant, of the failure.
12.1.3 When and how the failure was discovered.
12.1.4 The result of the failure.
12.1.5 Any suggestions as to how to improve the service IT provide. Notification may be by phone, fax or e-mail.
13.1 IT or IT content suppliers may make improvements or changes to the IT website, the content, or to any of the services, at any time and without advance notice.
13.2 The content may include technical inaccuracies or typographical errors. Please bring these to the attention of IT.
13.3 IT makes no warranty and makes no representation, express or implied, as to:
13.3.1 The adequacy or appropriateness of the services for the purchaser purpose.
13.3.2 The truth of any content on the IT Website.
13.3.3 Any implied warranty or condition as to merchantability or fitness of the services for a particular purpose.
13.3.4 Compatibility of the IT Website with the purchaser’s equipment, software or telecommunications connection.
13.3.5 Compliance with any law.
13.3.6 Non-infringement of any right.
13.4 The IT Website contains links to other Internet websites outside the power and control of IT. IT will not be liable in any way for the content of any such linked website, nor for any loss or damage arising from the purchaser use of any such website.
13.5 IT will not be liable under any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the purchasers use of the IT website or the purchase of services.
13.6 In any claim against IT the liability will be limited to the value of the goods purchaser, which is the subject of the dispute.
14.0 Content and Intellectual Property Rights.
14.1 IT will defend the intellectual property rights in connection with the IT services and the IT website, including copyright in the content whether provided by IT or by any other content provider (including copyright in, text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
14.1.1 IT also claim copyright in the designs and compilation of all content of the IT website, title, ownership rights and shall remain the sole property of IT and/or other content providers. IT will protect those rights in all countries.
14.1.2 Except as set out below, the purchaser or anyone using/visiting the IT website may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part.
14.1.3 The purchaser or anyone using/visiting the IT website may not use the IT name or logos or trademarks or any other content on any website operated by the, the purchaser or anyone using/visiting the IT website with out obtaining permission in writing from IT.
15.0 Copyright, Patents, Trade Marks and Other Intellectual Property Rights (Software).
15.1 The purchaser acknowledges that any and all of the copyright, trademarks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with hosting of the software are and shall remain the sole property of IT.
15.2 IT shall indemnify the purchaser against all liabilities, costs and expenses, which the customer may incur as a result of IT software or hosting Service infringing any copyright, patent or other proprietary right.
16.0 The purchasers email address.
16.1 Any username or email address selected by the purchaser, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
16.2 The purchaser acknowledge and agree that if IT believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, IT may immediately suspend the use of such name or email address, and the purchaser will indemnify IT for any claim or demand that arises out of the purchasers selection.
16.3 The purchaser acknowledge and agree that IT will not be liable to the purchaser in the event that IT are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
17.0 Data protection & privacy.
17.1 It is the purchaser’s responsibility to monitor and review the results of exams, tests or assessments performed by the purchaser’s employees.
17.2 IT will not process data or act as data controller as defined in the Data Protection Act for purchasers using the hosting service. However, to cover ad-hoc customer requirements, which may require data processing as defined in the Data Protection Act as well as the data IT holds directly on purchasers and prospects, IT is registered under the Data Protection Act (Reg. no. 0000000000).
18.0 System Security.
18.1 The server used by IT is designed for high security including protection by twenty-four (24) hour monitored alarms and fire detection with access restrictions to the server.
18.2 The purchaser will not, and will not allow any other person under the purchasers control to violate or attempt to violate any aspect of the security of the IT website.
18.3 The purchaser will not use any software tool for the purpose of extracting data from our website.
18.4 The purchaser understands that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
19.1 The purchaser agree to indemnify IT against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of the purchasers use of the IT website, the purchasers posting any material, or the infringement by the purchaser, or by any other person using the purchasers IT system, of any intellectual property or other right of any person.
20.1 IT shall not be liable to the customer for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this agreement, the server used by IT, the connectivity to the Internet, the hosting, the website, any software (including bespoke software), its use, application, support or otherwise, except to the extent to which it is unlawful to exclude such liability.
20.2 Notwithstanding the generality of 20.1, IT expressly excludes liability for consequential loss, damage or corruption to the software, other software or data, or for loss of profit, business, revenue, costs incurred, goodwill or anticipated savings.
20.3 In the event that any exclusion contained in this agreement shall be held to be invalid for any reason and IT becomes liable for loss or damage that it may otherwise have been lawful to limit, such liability shall be limited to the fees paid by the purchaser in the year in which the liability occurred.
20.4 IT does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of IT, its employees, agents or authorized representatives.
21.0 Termination .
21.1 Notwithstanding any other provisions herein contained, and without prejudice to any other rights such party serving notice may have, IT may forthwith terminate agreement by written notice to the purchaser if any of the following events occur:
21.1.1 If the purchaser commits any breach of the terms or conditions of this agreement including the terms, conditions and provisions of any schedule attached or adopted hereto and fails to remedy such breach (unless it is a breach which entitles the purchaser to terminate this agreement immediately or insofar as such breach is not capable of remedy to furnish adequate compensation thereof within thirty (30) days after receiving written notice requiring it so to do.
21.1.2 If the purchaser become bankrupt or compounds or makes any arrangement with or for the benefit of its creditors or (being a company) enters into compulsory or voluntary liquidation or amalgamation (other than for the purpose of a bona fide reconstruction or amalgamation without insolvency) or has a receiver or manager appointed of the whole or substantially the whole of its undertakings or if any distress or execution will be threatened or levied upon any equipment and/or software or other property of the party entitled to serve notice hereunder or if the other party is unable to pay its debts in accordance with the law relating to this any services obtained from it but not paid for.
21.1.3 Termination of this Agreement will be without prejudice to any accrued rights of either party and will not affect obligations, which are expressed not to be affected by expiry or termination hereof.
21.0 Miscellaneous provisions.
21.1 When IT communicates with the purchaser IT will do so by email. The purchaser agrees that email communications are contractually binding in the same way as signed and dated documentation is sent by post.
21.2 Where IT provide goods or services without specific charge to the purchaser, then it is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge may be made. Accordingly, there is no contractual nor other obligation upon IT in respect of those goods or service.
21.3 Nothing in this agreement or on the IT website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
21.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
21.5 No waiver by IT, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in exercising of any power or right be interpreted as a waiver.
21.6 In the event of a dispute arising out of or in connection with these terms or any contract between the purchaser and IT, then the purchaser agree to attempt to settle the dispute by engaging in good faith with IT in a process of mediation before commencing arbitration or litigation.
21.7 IT will not be liable for any breach of obligations resulting from causes beyond the reasonable control of IT including strikes of people working for or on behalf of IT. These Terms and Conditions and any agreement made under the T&C’s shall be governed by and construed in accordance with the laws of England. This agreement shall not be governed by the United Nations convention on contracts for the International sale of goods, the application of which is hereby expressly excluded.