1. Definition In these Terms and Conditions, the following definitions apply.

Booking Form means the Company’s standard Booking Form setting out details of the Course.

Customer means the Organisation, Person, or Company by whom a Booking is made and named on a Booking Form.

Company means TQ Education and Training Limited.

Delegate means individual, named or otherwise, booked to attend a Course.

Course means open program courses, reserved courses, or assessment.

Contract means a contract signed by both the Company and the Customer for the delivery of a Course or Courses.

2. General

2.1 These Terms and Conditions are confirmed as accepted by the Customer once the Customer has completed and signed a Booking Form or a Contract for the supply of an Course or Courses by the Company.

3. Payment

3.1 If you do not have an agreed credit account with us, your order will only be accepted against payment in full. If you have an agreed credit limit and you are within this limit, payment must be received by us in cleared funds within 30 days of the invoice date unless we agree otherwise in writing (the ‘due date’). Payment may not be withheld or delayed by you for any reason, without our prior written agreement. You agree that we may charge interest on any invoiced amounts which are unpaid at the due date at the rate of 4% above the variable base rate of HSBC Bank Plc. Your credit account (if any) and all unpaid sums owed by you to us howsoever arising will become payable immediately on the occurrence of an Insolvency Event. We reserve the right to review, amend and/or withdraw any credit facilities at any time. You may not make deductions or set-off, whether legal or equitable, from any amounts you owe us without our prior agreement.

3.2 Booking of additional Delegates is welcome subject to course availability and invoices will be rendered as per Clause 3.1.

3.3 All charges quoted exclude VAT, which will be chargeable in addition at the prevailing rates.

3.4 All applications and support for funding are provided at the discretion of the Company and must be completed before the course start date. If funding is declined or not agreed in line with the course start date, the Customer is liable for total course fees. However, if funding is subsequently granted, any overpayment will be repaid directly to the Customer/body from which original course payment was received.

4. Transfer of Delegates

4.1 A Delegate can only be transferred to a Course of the same title on a different date. They cannot be transferred to a different Course on a different date or a different Course on the same date. They can also only be transferred once. Delegates transferred to another Course and subsequently cancelled are subject to cancellation fees as per the original booking.

4.2 All amendments and requests to transfer must be made in writing to the operations support team at ptqapprenticeships@pearson.com

4.3 A request for transfer is required at least 15 days before commencement of a Course. Requests made with less than 15 days will be treated as a cancellation and the full cost of the course will be incurred.

4.4 If the customer has paid for a Delegate who subsequently withdraws 15 days before the commencement of the Course, then the customer is permitted to provide an alternative delegate otherwise cancellation fees apply as per the original booking.

5. Customer cancellation of Delegates/Courses

5.1 All cancellations to bookings must be made in writing by the Customer to the Pearson TQ Operations Team at ptqapprenticeships@pearson.com

Unless otherwise agreed in writing with the Company the following cancellation charges apply:

5.2 Cancellations made more than 60 days prior to the date of the Course will not be charged.

5.3 Cancellations made between 60 and 15 days prior to the date of the Course 25% of the full cost will be charged.

5.4 Cancellations made 15 days or less prior to the date of the Course, the full cost will be charged.

5.5 For Delegates who do not subsequently turn up for the Course, or who withdraw from the Course at any time after it has started, the full Course will be charged.

6. Course Cancellation by the Company

6.1 The Company will endeavour to run all advertised Courses but due to unforeseen circumstances it may be necessary to reschedule or cancel a particular Course. In such cases the Company will not accept any consequential liability irrespective of notice given.

6.2 The Company will use reasonable endeavours to refund or reschedule Customers at its sole discretion when Courses are cancelled.

7. Indemnity

7.1 The Customer shall indemnify and hold harmless the Company for any claim resulting from injury to persons and damage to third party property except as a direct result of the negligence of the Company or its employees. The Company shall not be liable for any financial, economic, or consequential losses of any kind that may be incurred by the Customer either directly or indirectly in the performance of the Contract and the delivery of the Course. In any circumstance the maximum liability of the Company shall not exceed the value paid for the Course.

8. Copyright

8.1 The Company will retain the ownership and sole rights to the copyright of any material produced for the purpose of training courses and no part of such material may be reproduced or transmitted in any form by any means unless so authorised by a Director of the Company.

8.2 All copyright, design rights, and other intellectual property rights belonging to the parties at the onset of the Course will remain the property of the respective party. Rights in any work during the Course will remain the property of the Company unless expressly agreed otherwise in writing by a Director of the Company.

9. Data Protection

9.1 The Company has measures in place to protect the personal data held by us. Personal data collected from you including personal data relating to Delegates will only be used by TQ to fulfil our obligations under the Contract including in the administration of your booking and in the arrangement and provision of the Course and in complying with our obligations in relation to health and safety and other regulatory obligations as well as for informing you about the Company’s products and services. All personal data is processed in accordance with data protection legislation.

10. Entire Agreement

10.1 These Terms and Conditions apply to any Course offered by the Company.

10.2 If there is any conflict between these Terms and Conditions and any others then these Terms and Conditions shall prevail unless expressly otherwise agreed in writing by a Director of the Company.

11. Jurisdiction

12.1 These Terms and Conditions shall be interpreted in accordance with English Law and the parties agree to submit to the jurisdiction of the English courts.