Percipient Studios logo

Terms & Conditions of Training

1. Definitions

1.1 "Client" means the person or entity described as such on the booking form (whether completed online or otherwise), client information form, quotation, enrolment form, invoices, or any other forms relating to the delivery of training, and shall include any person acting on behalf of and with the authority of such person or entity (including, but not limited to, an agent acting for the Learner or the Learner’s employer).

1.2 "Learner" means the individual enrolled or applying for enrolment with Percipient Studios, and may also be the same person as the Client, or an employee of the Client.

1.3 "Percipient Studios" means the sole trader Douglas Robar of 12 St John’s Road, Coton, CB23 7PU, trading as Percipient Studios, his successors and assigns or any person acting on behalf of and with the authority of Douglas Robar.

1.4 "Course" means the Umbraco Fundamentals Certification Course provided by Percipient Studios to the Client.

1.5 "Location" means the venue of the Course, as set out in the pre-Course information provided by Percipient Studios.

1.6 "Fee" means the cost of the Course per seat as agreed between Percipient Studios and the Client, subject to clause 4 of this contract.

2. Acceptance

2.1 Any instructions received by Percipient Studios from the Client or booking made by the Client for the supply of a Course and/or the Client’s acceptance of a Course shall constitute the Client’s acceptance of these terms and conditions.

2.2 These terms and conditions can only be amended or varied with the written consent of Percipient Studios.

3. Client Acknowledgement

3.1 The Client acknowledges and agrees that:

(a) all booking and enrolment details as required by Percipient Studios will be provided by the Client prior to Course commencement;

(b) the Learner’s place on the course will not be guaranteed until payment of the Fee in full is received;

(c) a Course must be fully attended by the Learner and assessment requirements must be completed in order for the Learner to be eligible for the Umbraco Fundamentals certificate;

(d) the Fee covers the delivery of the Course at the Location, refreshments throughout the day and lunch but does not cover any other meal or transport and accommodation costs, all of which should be organised by the Client at its own cost;

(e) subject to the cancellation policy referred to at clause 4.6 below, Fees are non-refundable once the booking is confirmed;

(f) Percipient Studios shall be permitted to engage third parties for the delivery of Courses;

(g) Percipient Studios shall not be liable for changes in personal circumstances that prevent the Learner from attending / completing the Course;

(h) once a Course booking is confirmed, the Learner will not be entitled to transfer to a different Course or location although a Course registration may be transferred to another Learner who is able to attend the booked Course;

(i) in the event that a Course is postponed or changed by Percipient Studios, the Learner will be given the option to transfer to an alternative Course. In such event, Percipient Studios will endeavour to give the Client as much notice as possible; and

(j) failure by a Learner to attend a Course shall be deemed to be a cancellation and, if the Fee has been paid, clause 4.6 shall apply and, if the Fee has not been paid but a place has been reserved for the Learner on the reasonable expectation of payment being made (having regard to any particular circumstances), the Fee shall remain payable and shall be deemed to be immediately due.

4. Fee and Payment

4.1 The Fee shall be either:

(a) as indicated on Percipient Studio’s website in respect of the particular Course on to which the Client is booking; or

(b) as Percipient Studios may set out in any other booking form or platform which it may employ in relation to the advertising of a Course.

4.2 The date by which payment must be made will be stated on the invoice or in any other correspondence with the Client. Time for payment shall be of the essence. If no time is stated then payment shall be due fourteen (14) days following the date of the invoice, or prior to attendance on the Course (whichever happens first).

4.3 The Fee must be paid by the Client in full and in cleared funds prior to attendance on a Course. If the Fee is not so paid prior to the commencement of the Course, the Learner shall not be entitled to take part in the Course.

4.4 Payment may be made by direct bank transfer (BACS) or debit/credit card or by any other method as may otherwise be agreed by Percipient Studios.

4.5 VAT is payable in addition to the Fee.

4.6 Percipient Studios operates a cancellation policy in that if the Client cancels a Course attendance during the time periods referred to below, the corresponding cancellation charge shall apply:

(a) more than 28 days before the Course, a 10% charge shall apply;

(b) between 28 and 15 days (inclusive) before the Course, a 50% charge shall apply;

(c) between 14 and 8 days (inclusive) before the Course, a 75% charge shall apply;

(d) 7 days or less before the Course, a 100% charge shall apply

and, in where monies remain to be returned to the Client, Percipient Studios shall return the balance of payment to the Client and shall be entitled to retain the relevant charge.

4.7 Percipient Studios reserves the right to vary the Fee at any time. All Courses are subject to change and Percipient Studios will endeavour to give the Client as much notice as possible.

5. Delivery of the Course

5.1 It shall be the responsibility of the Learner to attend the Course with a laptop computer with a fresh and empty Umbraco installation (running the latest version). Percipient Studios will not provide any laptop for a Learner on the Course.

5.2 Course materials will be provided by Percipient Studios on the day of the Course.

5.3 Copyright (and any other intellectual property rights) in the Course materials shall remain vested at all times in Percipient Studios (or in any licensors to Percipient Studios). The Client shall not and, if the Client is not the Learner, the Client shall procure that the Learner shall not in any way sell, reproduce, adapt, distribute, transmit, publish or create derivative works from any part of the Course materials.

5.4 The Learner shall be entitled to use any open source software which may be given as part of the Course materials but only in accordance with any licence terms as may be included in such software. The Client, for itself and any Learner (if different from the Client), acknowledges that any open source software is provided "as is" and no warranty is given by Percipient Studios as to satisfactory quality or fitness for any particular purpose of such software.

5.5 Attendance of all scheduled sessions is required to complete a Course. In the event the Learner falls ill or cannot attend for any unforeseen reason, they should confer with Percipient Studios to ascertain if and how the Course requirements can be completed. In such event, the decision of Percipient Studios is final and it shall be the Learner’s responsibility to fully comply with any stated requirements.

6. Assessment

6.1 The Client understands that at the end of the Course there is an online Fundamentals Certification Exam ("Exam") available to be taken and that the Exam can be taken either prior to leaving at the end of the Course or any time after.

6.2 The Learner must pass the Exam to gain the Umbraco Fundamentals certificate.

6.3 The Client acknowledges that Umbraco sets the Exam content and that both the Exam content and the marking standards are controlled by Umbraco and not Percipient Studios. Consequently, Percipient Studios shall have no liability to the Client whatsoever in the event of a Learner not achieving a pass.

6.4 The Exam is to be carried out on an individual basis and there is to be no cheating, collaboration or collusion by Learners in respect of carrying out the Exam. If a Learner is discovered to be acting or to have acted in breach of this clause, Percipient Studios reserves the right, in its sole discretion, to exclude the Learner from the remainder of the Exam and/or to inform Umbraco that the Learner is not entitled to certification.

7. Percipient Studio’s Liability to the Client

7.1 Nothing in these terms and conditions shall limit or exclude Percipient Studios’ liability to the Client for any breach for which it would be illegal to do so.

7.2 Subject to clause 7.1:

(a) Percipient Studios shall under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract; and

(b) Percipient Studio’s total liability to the Client in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Fee.

8. Default & Consequences of Default

8.1 If the Client does not make any payment due to Percipient Studios by the due date for payment, Percipient Studios reserves the right to charge interest to the Client in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

8.2 If the Client defaults in payment of any invoice when due, the Client shall indemnify Percipient Studios from and against all costs and disbursements incurred by it in pursuing the debt, including for legal costs and any debt collection agency costs.

8.3 Without prejudice to any other remedies Percipient Studios may have, if at any time the Client is in breach of any obligation (including those relating to payment), Percipient Studios may suspend or terminate the enrolment of the Learner (without a refund) together with any of Percipient Studio’s obligations under these terms and conditions. Percipient Studios will not be liable to the Client and/or the Learner for any loss or damage the Client and/or the Learner suffers if Percipient Studios exercises its rights under this clause.

8.4 Without limiting its other rights or remedies, Percipient Studios may terminate the contract for the delivery of training with immediate effect by giving written notice to the Client if:

(a) any money payable to Percipient Studios becomes overdue or, in Percipient Studios’ opinion, the Client will be unable to meet its payment obligations; or

(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c) an administrator, administrative receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

9. Data Protection Act 1998 ("DPA")

9.1 The Client (for the purposes of the DPA) consents to and authorises Percipient Studios to:

(a) collect, retain and use any information received about the Client, for the purpose of marketing products and services to the Client; and

(b) disclose information about the Client to any debt collection agency in the event of default.

10. General

10.1 Each of the clauses and sub-clauses of these terms and conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

10.2 This contract for the delivery of a Course, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with English law. Both Percipient Studios and the Client agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or its subject matter or formation (including non-contractual disputes or claims).

10.3 Percipient Studios shall not be liable for any default due to any event outside its reasonable control, including but not limited to, an act of God, war, terrorism, strike, lock out, industrial action, fire, power failure, failure of transport network, flood, drought or storm.

Terms & Conditions of Training. Version 2