Last updated: 14 October 2019
1. Parties
1.1. These Terms & Conditions shall be binding on any person or company, partnership or business purchasing goods or services from, or arranging bookings with, Construction Site Skills or its Affiliates on any of its websites (called hereafter " the Customer")
2. Definitions
2.1. "You", "your" or "Customer" are references to "the Customer" and includes the individual, firm or company described in this Agreement.
2.2. "We", "us" and "our" are references to Construction Site Skills or its Affiliates
2.3. Construction Site Skills or its Affiliates includes its successors and assigns.
2.4. "Attendees" means those persons notified by the Customer to Construction Site Skills who will attend the location to receive the services.
2.5. "Cancellation Charges" means the cancellation charge to be paid by the Customer to Construction Site Skills.
2.6. "Course Date" means the date agreed between Construction Site Skills and the Customer.
2.7. "Confidential Information" means all information in respect of the business of Construction Site Skills including any know-how, and any information marked confidential or which are, by their nature, clearly confidential and any other information which, if disclosed, will be liable to cause harm to Construction Site Skills.
2.8. "Customer" means the party that contracts with Construction Site Skills for the Services.
2.9. The "Agreement" means this Agreement between Construction Site Skills or its Affiliates and the Customer comprising these Conditions of Contract, Specification and defined Schedules (if any) and all matters referred to in the Invitation to Tender (if any)
2.10. The "Liaison Officer" means the named individual from Construction Site Skills or its Affiliates and from the Customer who is designated to be available at all working times for the supervision of the services to be carried out under this Agreement and who will be the main contact for the other party.
2.11. "Location" means the place at which the Services will be provided and detailed on the booking form.
2.12. "Payments" means the amounts to be paid by the Customer to Construction Site Skills as course fees for the Services and listed on the booking form as may be varied by Construction Site Skills from time to time.
2.13. "Services" means the services and goods to be provided by Construction Site Skills to the Customer and more particularly as listed on the booking form or otherwise agreed.
2.14. "Working Days" means any day except a Saturday or a Sunday or any public holiday in England and Wales.
2.15. "Booking Form" is the online or paper application form filled out by the Customer, or by us (with Customer approval), to receive our services.
3. Interpretation
3.1. Words importing one gender include all other genders, words importing the singular include the plural and vice versa and any reference to a person includes a reference to a company, authority, board, department or other body.
3.2. A reference to any statute, enactment, order, regulation or other similar instrument as amended from time to time.
3.3. Headings are included in this Agreement for ease of reference only and shall not affect the interpretation or construction of any of the terms and conditions herein.
4. Applicability
4.1. These terms and conditions apply only to persons who have an account with us.
5. Entire Agreement
5.1. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Construction Site Skills or its Affiliates (collectively, "the Agreement"), constitutes the entire agreement between Construction Site Skills or its Affiliates and the Customer, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.
6. Effective Date and Validity
6.1. These Terms & Conditions are effective from 22nd of March 2018 until further notice.
6.2. If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions which shall remain in full force and effect. These Terms & Conditions can only be varied in writing signed by a director or senior manager.
6.3. In the event of one or more of these Terms & Conditions or any part thereof being invalid, illegal or unenforceable in any respect, such term shall be deemed to be severed from the Terms & Conditions and the validity, legality or enforceability of the remaining Terms & Conditions shall not be affected or impaired.
7. Limitation of Liability
7.1. Construction Site Skills does not exclude its liability (if any) to the Customer for a breach of the its obligations arising under Section 2 Sale and Supply of Goods and Services Act 1982; for personal injury or death resulting from the its negligence; under Section 2(3) Consumer Protection Act 1987; for any matter which it would be illegal to exclude or to attempt to exclude its liability; or for fraud or fraudulent misrepresentation.
7.2. Total liability of Construction Site Skills to the Customer for any reason and upon any cause of action shall be limited to the amount of any payments and other charges which the Customer has paid to Construction Site Skills under this Agreement.
7.3. Construction Site Skills will be under no liability whatsoever for any:
7.3.1. loss of profit (direct or indirect);
7.3.2. loss of revenue, loss of production or loss of business (in each case whether direct or indirect);
7.3.3. loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct or indirect);
7.3.4. loss of data (direct or indirect);
7.3.5. loss of anticipated saving or loss of margin (in each case whether direct or indirect);
7.3.6. liability of you to third parties (whether direct or indirect); or
7.3.7. indirect, special or consequential loss.
7.4. We make no representations or warranties whatsoever as to the accuracy of the information contained on any of our websites. Use of our services, or engaging us by telephone or text, is on the basis that you will not bring any complaint, claim, action or proceeding, or claim any compensation, loss or damage, or take any other step or action involving the need for time input on our behalf or any of our staff in respect of matters outside our control including all steps taken by third parties in processing, transmitting, dealing with or issuing CSCS Cards or Health, Safety and Environment Test Certificates or any other product or service we provide, as well as errors or omissions of any kind made by you, or any person on your behalf.
7.5. Users use our websites on the understanding that they cannot and/or will not claim in relation to any information of any kind contained on any of our websites.
7.6. We expressly disclaim all and any liability for any direct, indirect or consequential loss or damage, financial or otherwise, occasioned by an act or omission, fault or error by you, any third party with which we deal, ourselves or any person working on our behalf, even if such loss was reasonably foreseeable and we have been more than once advised in writing/warned/notified or otherwise put on notice of the possibility of the same. Consequential and indirect loss and damage shall include but not be limited to loss of profits, loss of employment or wages, loss of goodwill, and wasted expenditure of any kind.
8. Price Policy
8.1. A price remains valid only for the duration of the day of your visit to Construction Site Skills or its Affiliates or website, or the day on which you telephone our call centre. Our prices for revision materials include postage, packing and handling charges.
9. Payment Policy
9.1. Construction Site Skills or its Affiliates accepts payment by credit/debit cards, bank transfers (BACS), cheques. We require full cleared payment before we book any Health, Safety & Environment test, order CSCS and/or affiliate card, send out revision material, book space for any course and register you for your chosen NVQ/QCF qualification with Construction Skills.
10. Missing Information & Communication
10.1. You cannot claim a refund or cancel a service or product which we were unable to provide because you failed to provide the necessary information, and there was no communication from you for 3 months from the date of placing your order with us.
11. Forfeiture
11.1. Where a Customer, (or another person on the Customer’s behalf), has paid for goods and services including, without prejudice to the generality of the foregoing, centre-based tests, scheme cards, revision booklets and/or revision CD’s, payment shall be forfeited in full if the Customer, (or another person on the Customer’s behalf), shall not be entitled to any refund of payment made if:
11.1.1. It has not been possible for us to contact the Customer or a contact person nominated or appointed by the Customer within a period of 3 months from the date of payment; and/or
11.1.2. We endeavour to contact the Customer by sending 3 or more emails or other recorded messages to the Customer or a contact person nominated or appointed by the Customer, and the Customer or a contact person nominated or appointed by the Customer fails to respond to us within 14 days of the last email or other recorded message left by us; and/or
11.1.3. The Customer or a contact person nominated or appointed by the Customer fails to inform us of any change of the Customer’s or the contact person’s postal address, email address or phone number and we are unable to contact the Customer or contact person as a result
11.2. In the event of forfeiture as stated above, the Customer agrees that any payment shall be forfeited or lost, and the Customer shall not be entitled to any repayment, refund or credit and we shall be entitled to retain the payment in full.
11.3. The Customer agrees and consents as follows: where a contact person has been nominated or appointed by the Customer, we shall be entitled to contact that person, using contact details provided, in respect of all matters we would otherwise contact the Customer in respect of (including without prejudice to the generality of the foregoing all orders), purchases, confirmations, enquiries, products, services and test bookings and we shall be entitled to rely on any decision order instructions mandate by that person as if that person was the Customer.
12. Subject to Availability
12.1. Certain services (eg Health, Safety & Environment Test booking, training, courses) are provided on a 'subject to availability' basis. Although we check availability frequently, there are certain components of the service which we are unable to offer an instant confirmation.
12.2. We will, however, issue you with a confirmation email and/or a customer support advisor will contact you within 48 working hours from the time that the service was requested. If the service is unavailable for the date requested, we will inform you about the nearest date and time that is available.
13. Trade Mark and Legal Statement
13.1. Construction Site Skills or its Affiliates does not issue the Health, Safety & Environment Test Certificates or CSCS cards. We provide a booking service by making bookings on your behalf to the issuing authorities and bodies, and charge a fee for our service. If you require any further information on the CSCS Scheme click here. The CSCS and Construction Skills Certification Scheme are the trademarks of Construction Skills Certification Scheme Ltd.
14. Use of Name and Design and Materials
14.1. You are not allowed to display our logo, design or trading name unless agreed by us in writing.
15. Data Protection and Privacy
15.1. We protect your data and we value your privacy. Please check the Privacy Policy for details on this.
15.2. Privacy Policy: http://www.constructionsiteskills.co.uk/privacy-policy/
16. VAT
16.1. All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes.
16.2. Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums and shall become payable by the Customer at the same time as the payments.
16.3. VAT will be charged on all our products and services. Exception will only be charges transferable to Cskills Charity.
17. Intellectual Property Rights
17.1. All copyright and other intellectual property rights in all specifications, drawing, illustrations, diagrams, course literature and other documents issued by Construction Site Skills will remain the property of Construction Site Skills and may not be reproduced without permission.
17.2. Customers will and shall procure that Attendees will keep confidential any and all confidential information that it may acquire and shall not use any confidential information for any purpose other than the purpose intended by its disclosure by Construction Site Skills and as notified to the Customer and/or the Attendee by Construction Site Skills on disclosure.
17.3. The obligations set out above will not apply to any information which is publicly available or becomes publicly available through no act or omission of the Customer or Attendee, or of which disclosure is required by order of a court or regulatory body of competent jurisdiction, and then only to the extent required to be disclosed.
17.4. No announcement, press release, circular, marketing or other promotion in connection with Construction Site Skills shall be made by or on behalf of the Customer without Construction Site Skills’s written consent except if and to the extent required by law or by any governmental or regulatory authority.
18. Force Majeure
18.1. Neither party shall be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure.
18.2. For the purpose of this agreement, "Force Majeure" means any act, omission, cause of circumstance beyond the reasonable control of either party and shall include but not be limited to war, rebellion, civil commotion, strikes, lock outs, industrial disputes, fire, explosion, earthquake, volcanic eruption, act of God, flood, drought or other act or order of any government department, council or other constituted body.
19. General Terms and Conditions
19.1. These terms expressly exclude any rights afforded any third party pursuant to the Contract (Rights of Third Parties) Act 1999.
19.2. We reserve the right to revise Construction Site Skills or its Affiliates Terms & Conditions at any time. New Terms & Conditions will apply only to sales and contracts after the new rules come into effect. The Terms & Conditions on our website at the time you placed your order will be the Terms & Conditions which apply to you.
20. Law & Jurisdiction
20.1. These terms and conditions and any non-contractual obligations arising out of or in connection with them shall be governed in all respects by the law of England. The parties agree that the courts of England shall have exclusive jurisdiction to determine any dispute arising out of or in connection with the Contract (including in relation to any non-contractual obligations).
21. Ways of Contact:
21.1. Support Ticket: http://www.constructionsiteskills.co.uk/contact-us/
22. CSCS Card Application
22.1. Payment Policy
22.1.1. We require full cleared payment before applying for Fixed term CSCS & Affiliates cards or dispatching any products to you.
22.2. Refund Policy
22.2.1. Our CSCS card application assistance service is not a refundable service. Once you have booked this service you will not be entitled to cancel it and will not be able to secure a refund or to claim for any loss or damage of any kind financial or otherwise.
23. CSCS Health, Safety & Awareness Test
23.1. Payment Policy
23.1.1. We require full cleared payment before any Health, Safety & Awareness Test will be booked.
23.2. Reschedule Policy
23.2.1. If you wish to reschedule your test you must do this at least 4 complete working days before your scheduled test date and time.
23.2.2. Further, you must contact us on a working day. The following is not a working day: weekends (Saturday and Sunday) and Bank Holidays.
23.2.3. If you fail to contact us as set out above you will be obliged to pay the full charge including any booking fee and our admin charge.
23.2.4. When contacting us, please have to hand the following information:
23.2.4.1. Confirmation Reference Number
23.2.4.2. The name and surname of the person booked for the test
23.3. Cancellation Policy
23.3.1. Your Right to Cancel
23.3.1.1. Once we have booked your Health, Safety & Awareness Test, you will not be entitled to cancel it and will not be able to secure a refund or to claim for any loss or damage of any kind financial or otherwise.
23.3.1.2. Construction Site Skills will not be held responsible for any weather, vehicle break down or any other reason that may stop the candidate from attending the test.
23.3.2. Construction Site Skills or its Affiliates right to cancel
23.3.2.1. Construction Site Skills or its Affiliates reserves the right to cancel (including cancellation on the day of the test) if the Test Centre experiences a problem outside their control (including but not limited to electricity failure, security alert) and in such circumstances you will be offered an alternative test date.
23.3.2.2. In addition, Construction Site Skills or its Affiliates may terminate this Contract (without liability to you) if you are in material breach of any of any of these conditions.
23.4. Refund Policy
23.4.1. If at the time you contact us, we have not yet booked your test, you will get a refund of the standard Health & Safety test booking fee, which is currently £21.00.
23.4.2. The test is also subject to an administration fee of £28.99 (including VAT) which is not refundable.
23.4.3. If you contact us after booking confirmation was sent to you (by email or sms or text), you will not be entitled to a refund and our cancellation policy will apply.
23.4.4. If your preferred date is not available, even though the test is not booked, you will not be entitled to a refund. We will offer you alternative dates until we can find one that is acceptable.
23.4.5. All refund requests have to be submitted in writing and sent by post or support ticket.
23.4.6. Construction Site Skills or its Affiliates will not be held responsible for expenses incurred beyond the cost of the services that it provides, including but not limited to travel expense and lost wages on the day of the test.
23.5. Test Admission Policy
23.5.1. It is your responsibility to ensure that you arrive at the Test Centre Location 15 minutes before the test time.
23.5.2. Construction Site Skills or its Affiliates will accept no responsibility if you arrive late or fail to arrive due to adverse weather conditions, failure of transport or any other circumstance.
23.6. ID Requirements
23.6.1. You are required to bring to the Test Centre, one form of identification listed below, containing a photograph and signature:
23.6.1.1. A current (not expired), original signed passport
23.6.1.2. A current (not expired), original signed UK Photo Driving Licence
23.6.2. If you do not have one of these you will need two items of ID, one from List A and one from List B below:
23.6.2.1. List A
23.6.2.1.1. Non UK Driving Licence
23.6.2.1.2. Work ID Card
23.6.2.1.3. EU Country ID Card
23.6.2.1.4. CITB-ConstructionSkills Scheme Card
23.6.2.1.5. Citizen Card
23.6.2.1.6. British Armed Forces Card
23.6.2.1.7. Student ID Card
23.6.2.1.8. Trade Union Card
23.6.2.1.9. Proof of Age Card
23.6.2.1.10. Young Scots Card
23.6.2.2. List B
23.6.2.2.1. Credit Card
23.6.2.2.2. Debit Card
23.6.2.2.3. Paper Driving Licence
23.6.2.2.4. National Insurance Card
23.6.2.2.5. B79 Notification of Discharge Letter
23.6.2.2.6. Bank Statement (must include surname and home address and must not be older than 3 months, the address on the statement must match the booking address)
23.6.2.2.7. Building Society Passbook (address must match the booking address)
23.6.2.2.8. Cheque Guarantee Card
23.6.2.2.9. UK Travel Document
23.6.2.2.10. Inland Revenue Card
23.6.3. If you do not have any of the primary IDs or cannot match IDs from list A and B, you will be sent a Waiver Form which needs to be filled in strictly following the guidelines on the waiver form.
23.6.3.1. You must bring the correct completed Waiver Form to the test (no photocopies accepted). You also need two additional forms of ID to support the waiver form:
23.6.3.1.1. Recent utility bill (less than 3 months old)
23.6.3.1.2. Bank statement (less than 3 months old)
23.6.3.1.3. Credit/Debit card
23.6.3.1.4. Building Society Passbook
23.6.3.1.5. National Insurance card/addressed payslip or official HMRC letter including NI number
23.6.3.1.6. Inland Revenue Card
23.6.3.1.7. Valid CITB scheme card such as a CSCS
23.6.3.1.8. Valid HM forces military ID card
23.6.3.1.9. Paper driving licence
23.6.3.1.10. EU country ID card
23.6.3.1.11. Student ID card (with candidate photograph, initial and surname, year and institution of study)
23.6.3.1.12. B79 Prisoners Notification of Discharge letter
23.6.3.1.13. Young Scots card
23.6.3.2. Construction Site Skills or its Affiliates does not take responsibly if the waiver form has been filled incorrectly and the access to the test has been denied by a test centre employee.
23.6.3.3. Construction Site Skills does not take responsibility if the Waiver Form is not supported by the additional forms of ID's as per list.
23.6.4. Photocopies of ID will not be accepted.
23.6.5. If you do not have any of the above, please phone 0203 697 5573 for more details.
23.6.6. Please note that your photograph will be taken at the Test Centre.
23.6.7. If you do not bring suitable ID you will not be allowed to take the test.
23.6.8. If you are under 16 years old and wish to sit the Health, Safety & Environmental Test, you are allowed to do so if you present the correctly filled Parental Consent Form.
23.6.8.1. You need to be accompanied by adult to be allowed to sit the test (please refer to the instructions on the Parental Consent Form).
23.6.8.2. Construction Site Skills Ltd does not take responsibility if the Parental Consent Form has been filled incorrectly or if you were not accompanied by an appropriate adult (as per instructions) and you were not allowed to sit the test.
23.6.8.3. You have to present an acceptable form of ID along with the Parental Consent Form to be allowed to sit the test. Please refer to 23.6.1 and 23.6.2 of these Terms & Conditions.
23.6.8.4. Construction Site Skills or its Affiliates will not take responsibility if you cannot present the correct ID at the Test Centre meaning you are not allowed to sit the test, and you will forfeit the test fee.
23.6.8.5. If you do not have any photographic ID, you are required to bring an original (not scanned and not photocopied) Under 16 Confirmation of ID Form.
23.6.8.6. Please follow the instructions on the Under 16 confirmation of ID Form, as failure to complete the form correctly will result in not being allowed to sit the test and forfeiting the test fee.
23.7. Booking Fee
23.7.1. The standard Health & Safety test booking fee is £21.00. The test is also subject to an administrative charge of £24.16 and VAT of £4.83 which covers the cost of our personal booking service, expert customer support, SMS confirmation as well as other bundled extras.
23.7.2. The standard CSCS card application fee is £36.00 plus an additional £29.99 administrative charge (both including VAT).
23.7.3. The revision book for the test costs £20.99 with the DVD-ROM priced at £20.82 and VAT of £4.16.
23.7.4. Construction Site Skills or its Affiliates reserves the right to change these prices at any time.
23.8. Test Procedure
23.8.1. If any of the details on your confirmation letter or email are incorrect you must contact Construction Site Skills via phone, chat or support tickets.
23.8.2. If for any reason you are refused to be able to sit a test, ask the centre for an incident number. Without this incident number we are not able to help you resolve the issue.
23.9. Tutorial
23.9.1. It is essential you are familiar with how the test is conducted. After the Test Centre staff have explained the operation to you, you will have the option to conduct a tutorial to see how the test will work and look on screen, so you are familiar with the functionality before you sit your test.
23.9.2. The tutorial is not a practice test, and we strongly recommend you take advantage of this 15 minute tutorial, as once the test has started, it is not possible to interrupt it.
23.10. Conduct
23.10.1. You will not be allowed to bring anybody into the test room with you.
23.10.2. Any items you are carrying (including personal items such as keys, phones, bags, watches and wallets) must be stored in a personal locker provided at the Test Centre.
23.10.3. Please note you must not refer to any document during the test.
23.10.4. All Test Centres have CCTV and all tests are recorded for security and detection or investigation of fraud purposes. CCTV footage is retained securely by the test provider for a period of up to two years.
23.10.5. Any misconduct (by you) during the test will result in your test being stopped, your test result void and your test fee being forfeit.
23.10.6. Candidates guilty of serious misconduct, including cheating, may forfeit their right to take a further test.
23.10.7. In addition CITB-ConstructionSkills reserves the right to revoke a test pass if it reasonably suspects that you have been involved in or are linked to any misconduct, fraud or cheating.
23.10.8. The Test Centre staff will explain how you can attract their attention if you should experience any technical difficulties during your test.
23.10.9. If you are unhappy with the way in which your test has been conducted, you should bring the matter to the attention of the Invigilator or Test Centre Manager.
23.10.10. If you are unable to resolve the matter at the Test Centre, you must contact us by any means within 15 working days of sitting your test.
23.11. Special Assistance
23.11.1. All special assistance such as readers, interpreters and signers must be arranged in advance.
23.11.2. If you have difficulty in reading, all testing stations have headphones which will allow you to hear a voiceover of the Test in English or Welsh. Please notify the Test Centre staff on arrival that you need to use these. The Test Centre staff will explain to you how the test will be conducted.
23.11.3. If you have requested a reader, interpreter or signer, or other special assistance, it will be shown in the ‘Accommodations' section on your confirmation letter or email.
23.11.4. If we have arranged special assistance for you and you do not take the test on the date arranged, Construction Site Skills or its Affiliates reserves the right to charge you the cost of such special assistance. You will not be allowed to sit a test until you have paid such charges.
23.12. Responsibility
23.12.1. Candidate does not arrive at the test on time
23.12.1.1. Candidate forgets to take a valid proof of his ID to the test
23.12.1.2. Candidate fails the test
23.12.1.3. Candidate chooses to do the wrong type of test
23.12.1.4. Candidate makes any other form of error in relation to the test or related matters
24. CSCS Revision Material
24.1. Delivery Policy
24.1.1. Your ordered products will be dispatched on the same or next working day after receiving cleared payment. We will dispatch to the address that was provided in the order form at the time of placing your order online or over the phone. Address may be checked in the sales order receipt sent to your e-mail address.
24.1.2. Books or CD-ROMs will be delivered by 1st Class Royal Mail delivery, and subject to the Royal Mail delivery service which will normally be delivered within 3 working days after dispatch date.
24.1.3. Next Day Delivery products will be delivered via Royal Mail Courier Service, and subject to their Next Day Delivery Service which will normally be delivered within 24 hours on working days excluding Saturdays, Sundays and Bank Holidays. For the goods to be delivered Next Day, the order must be placed before 15:30 on the previous working day.
24.1.4. We do not take any responsibility if you order incorrect product(s) from us or provide us with incorrect address information.
24.1.5. Where we use external agents or service providers such as couriers or the Post Office to carry out a service on our behalf, such as next day delivery of products, and that service is not provided as promised or envisaged, we shall bear no responsibility for the failure of service or any consequences thereof, including any financial loss, and the Customer shall not be entitled to cancel the agreement with us or to claim any refund or reduction in respect of payment made by the Customer.
24.2. Return Policy
24.2.1. You have a right to return any book or CD-ROM purchased from us as well as to ask for a full refund of the price actually paid to us, providing you do so within 14 working days of purchase. Note: the period of 14 working day starts on the day we receive your payment.
24.2.2. Books or CD-ROMs must be sent to the company address outlined in Section 21.
24.2.3. We reserve the right to refuse to refund the product price or deduct an appropriate amount from payment to be refunded if:
24.2.3.1. The product returned have been damaged or used
24.2.3.2. If any parts of the training product is missing
24.2.3.3. If the product was used or has any signs that it has been used
24.2.3.4. If CD-ROM has been opened (seal is broken)
24.2.3.5. If the product has been returned or sent back after the 14 working day refund period
25. Course Booking
25.1. Recitals
25.1.1. The Customer agrees to engage Construction Site Skills or its Affiliates ("Construction Site Skills") to provide training services on the Terms & Conditions set out in this agreement. By submitting a booking form, the Customer agrees to be bound by these Terms & Conditions.
25.2. Appointment
25.2.1. Provisional booking of the Course bookings are not provided. Your space on the course may be confirmed only after the full payment is received.
25.2.2. The Customer appoints Construction Site Skills to provide the Services in return for the payments.
25.2.3. Construction Site Skills or its Affiliates will accept no responsibility if you arrive late or fail to arrive due to adverse weather conditions, failure of transport or any other circumstance.
25.3. Training Obligations
25.3.1. Subject to the Customer's compliance with these standard Terms & Conditions, Construction Site Skills shall:
25.3.1.1. Use reasonable endeavours to provide the Services at the location on the course date and shall provide the Customer and the attendees with reasonable access to the location for the purpose of booking or attending a course.
25.3.1.2. Exercise reasonable skill, care and diligence in providing the Services.
25.3.1.3. Deliver all Services provided in English.
25.3.1.4. Be permitted to assign or subcontract the whole or any part of the Services without the consent of the Customer.
25.4. Customer Obligations
25.4.1. The Customer shall:
25.4.1.1. Ensure that the agreed attendees attend at the location on the course date to receive the Services.
25.4.1.2. Ensure that the attendees are sufficiently competent to receive the Services.
25.4.1.3. Comply with and shall ensure that when at the location, all attendees comply with all reasonable instructions of Construction Site Skills and all applicable laws and policies (as may be notified to the Customer or the attendees from time to time by Construction Site Skills).
25.4.1.4. Withdraw any attendee from attendance at the location upon the reasonable request of Construction Site Skills.
25.4.1.5. Pay the payments on the due dates for payment.
25.4.1.6. Pay any applicable cancellation charges.
25.5. Payment Terms
25.5.1. Customers making use of a Construction Site Skills account shall pay all undisputed invoices within 30 days of receipt without demand, deduction or set-off.
25.5.2. All Customers without a Construction Site Skills account must pay in full prior to the course date.
25.5.3. Construction Site Skills reserves the right to charge interest on all unpaid invoices at the rate of 5% over the base rate of the Bank of England prevailing at the date the invoice becomes overdue. In respect of payments by the Customer, time shall be the essence of this agreement.
25.5.4. Once the booking has been confirmed you will be legally bound to pay our fee.
25.6. Rescheduling
25.6.1. If you wish to reschedule a course you need to give us at least 31 days notice. Failure to do this and not attending the course will result in forfeiting the course fee.
25.6.2. If you wish to reschedule the course venue, this may result in additional fees which you will be obliged to cover before we can reschedule the venue.
23.6.3. Construction Site Skills will not be held responsible for any weather, vehicle break down or any other reason that may stop the candidate from attending the course.
25.7. Cancellation and Transfer Charges
25.7.1. Construction Site Skills reserves the right to cancel or alter the course dates or the provision of Services or the location and the individual or the organisation providing the Service or make reasonable variations to the courses without prior notice. In event of cancellation by Construction Site Skills, the booking will normally be transferred to the next available Course unless the Customer specifically requests otherwise.
25.7.2. Where the Customer cancels any Services or the attendees fail to attend at the location on the course date to receive the Services the following charges will be paid by the Customer to Construction Site Skills:
25.7.2.1. Cancellation and non-attendance:
25.7.2.1.1. If you wish to cancel the course you need to inform us by phone, post, support ticket or live chat as soon as possible.
25.7.2.1.2. The following charges will apply if the Customer cancel their booking/s:
25.7.2.1.2.1. 100% for cancellation made within 31 days of the course date;
25.7.2.1.2.2. Full refund for all transfers made 31 days or greater before the course date.
25.7.2.1.3. If you have submitted a request for the course to be rescheduled and your request was fulfilled, you will not be able to cancel the course afterwards and will not be able to claim the course fee back. You will still be able to reschedule it again for another date if you inform us in advance (please refer to our course rescheduling policy).
25.7.2.2. The following charges will apply if the Customer transfers their booking/s to a later date save that the Customer shall not be required to pay a transfer fee if the transfer is due to cancellation or variation by Construction Site Skills:
25.7.2.2.1. 100% for transfers made within 31 days of the course date;
25.7.2.2.2. Free of charge for all transfers made 31 days or greater before the course date.
25.7.3. The transfer option only relates to attendees who are transferring to a different date on the same course. The choice of course date must be specified at the time of transfer (otherwise the instruction will be considered a cancellation). The option to transfer can only be used once for each Attendee, after which any transfer will be considered a cancellation.
25.7.4. The Customer may transfer a place on a course for one attendee to a substitute Attendee free of charge.
25.7.5. The Customer may cancel the Services by telephone but such cancellation must be confirmed immediately in writing (by e-mail or post) to the postal or email address notified by Construction Site Skills.
26. On Site Assessment & Training (NVQ/SVQ/QCF)
26.1. The Client will pay Construction Site Skills for training services either in full or as a part payment of 60% upfront and 40% over the phone or by BACS no later than 30 days after the initial payment. If the 40% remaining isn’t paid before this date, we have the right to cancel the service and the initial 60% upfront payment is non-refundable.
26.2. Construction Site Skills reserves the right to withhold the release of the final certificate until all the payments are made.
26.3. Notification of a change to an agreed Assessment visit must be made at least 24 Hours prior to the visit. We reserve the right to charge £100.00 for any aborted Assessment visit if notification is not made within this period.
