In these Conditions the following expressions shall have the following meanings:
• “Metadata” or “Metadata Training” means Metadata Ltd of registered address 2 Harestone Valley Road, Caterham, Surrey CR3 6HB; trading at TheAgileSpace, 2-6 Cropley Street, London N1 7GF; company registration no. 2285125; VAT no. 521 5492 62
- The “Client” means the person, company or other legal entity identified as providing a request to Metadata to supply Services.
• “Services” means the goods or services to be provided by Metadata to the Client under the terms of the contract and “Services” shall be construed accordingly.
• “Confirmation Date” means the date when all the following apply:
– A request to supply Services has been received from the Client by Metadata
– Metadata has confirmed to the Client that the Course or other Services requested are available
– Payment has been received or alternative payment method agreed.
• “Contract” means the contract between Metadata and the Client under which the Services are to be supplied by Metadata to the Client
• “Training Provider” means the company delivering a course when this is not Metadata
• “Working Day” means every day of the week apart from Saturday, Sunday and statutory holidays. “Month” means a calendar month. “Week” means seven consecutive days.
• “Intellectual Property” includes all training materials, course manuals, inventions, patent applications, granted patents, registered and unregistered designs, copyright works, trade marks and confidential information.
The price payable for the Services shall be the list price of Metadata at the Confirmation Date unless otherwise stated.
The price does not include travel, accommodation, meals or other related expenses unless explicitly stated.
All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.
3. Terms of Payment
Where the Services relate to the provision of a training course, payment by cheque, credit card, debit card or bank transfer is required no later than 10 Working Days before the course start date. Special arrangements may be separately agreed in the case of late bookings.
Where Services involve other services or goods, payment is required 5 Working Days prior to delivery or as otherwise agreed in writing.
Metadata is entitled to charge interest at 2% per Month or part thereof on overdue payments.
4. Training Courses
The contents of course schedules are intended for general guidance only and do not form any part of a contract. Metadata reserves the right to make any reasonable variations to public and in-house courses, including the content and location of the courses, without notice.
The indication of course availability and location shown on the Metadata website is for general guidance and does not form any part of a contract. Please contact Metadata before making any travel or accommodation arrangements as Metadata will not be liable for any action that you may take in reliance on the information.
It is the responsibility of the Client to ensure that the delegates meet the prerequisites of the course on which they are booked and that the course content meets their requirements.
Metadata will perform the Services with reasonable skill and care. Any other conditions or warranties whether express or implied as to the quality of the Services are hereby expressly excluded.
Unless otherwise indicated, all courses are delivered solely in English and all delegates must be sufficiently proficient in the English language before attending a course.
For courses not exclusive to one Client, Metadata reserve the right to refuse admission to the training premises by any person whom they consider in their absolute discretion to be unsuitable for admission onto the training premises or to remove any such person after the commencement of a course.
5. Cancellation, Transfers, and Substitutions with respect to Training Courses (except Agile Courses – see Section 7)
Metadata endeavours to run all courses that we advertise. However, if there are less than four people due to attend a course we reserve the right to cancel or reschedule the course and we aim to give the Client enough notice. In the event of cancellation, the Client will be entitled to attend another course or take a full refund of the course fee but Metadata shall not be liable for any other loss or expense arising.
The Client may cancel the course booking by notifying Metadata by email, or recorded delivery, as soon as reasonably practicable. The Client shall be liable to pay a cancellation fee as follows:
If a Client cancels a course 11 working days before the course they can ask for and receive a full refund or book on another course, as the Client wishes.
If a Client cancels attending a course between 10 and 7 working days before a course they must book to attend another course (the course fee then becomes non-refundable) or pay a cancellation fee of £150 plus VAT.
If a Client cancels a course between 6 and 2 working days before a course start then they can transfer to another course if they pay a penalty fee of £150 plus VAT (the course fee then becomes non-refundable) or will be refunded (or be liable for if not already paid) half the course fee.
If a Client cancels a course less than 48 hours before a course starts or fails to attend a course without informing Metadata then the full course fee is due.
Metadata will endeavour to accommodate requests by the Client to substitute one delegate for another, such request can be made up to 24 hours before the course start. Such requests are subject to the replacement delegate meeting the pre-requisites for the course.
6. BCS Business Analysis Diploma Bundle
These terms apply to all business analysis bundles we offered on our website and to any customised business analysis bundle created on request.
A customer has one year to complete the business analysis diploma bundle after the Confirmation Date.
The courses booked as part of the business analysis diploma bundle cannot be transferred to other customers/delegates.
A customer can cancel the diploma bundle and receive a refund of the amount paid less the full advertised price of the courses already taken if the cancellation is made less than 2 months after attending the first course.
The cancellation terms that apply to individual courses apply for courses booked as part of a diploma bundle as follows:
If a Client cancels a course 7 working days before the course they can book on another course.
If a Client cancels a course between 6 and 2 working days before a course start then they can transfer to another course if they pay a penalty fee of £150 plus VAT.
If a Client cancels a course less than 48 hours before a course start or fails to attend a course without informing Metadata then the full course fee is due for that course (the course fee is that proportion of the bundle fee including the associated exam fee notified to the Client at the Confirmation Date).
7. Cancellation, Transfers, and Substitutions with respect to Agile Training Courses
The following cancellation terms apply to the following courses:
- Professional Scrum Product Owner
- Professional Scrum Master
- Certified Team Kanban Practitioner
- Certified Kanban Systems Design
- Certified Kanban Management Professional
- BCS Foundation Certificate in Agile
A full refund will be issued if you cancel your registration at least 11 working days before the event start date. After this period, the following fees will be deducted from the booking fee.
- 6-11 working days’ notice: 50% of course fee
- 0-5 working days’ notice: 100% of course fee
Replacing delegates: this can be done at no extra cost
Postponing a booking to another date: this is free providing it is requested at least 11 working days before the event start date, in which case a 20% fee will be charged.
We reserve the right to postpone or cancel this course if there are insufficient registrations. If this is the case, you will be notified 5 working days before the course start date. In this case, you will be offered an alternative date or a full refund. We will not be responsible for any other costs incurred.
Most courses lead to recognised qualifications on passing the associated exam. For these, the exam fee is normally included in the course fee. If the exam is not required than this must be requested by the Client when booking, the exam fee will then be deducted from the course fee. After attending a course, exam fees are non-refundable.
Exams are available at the course end, however, some delegates may defer the exam to allow themselves more preparation time. A Client who has paid for an exam as part of their course fee has 2 months to take an exam after he /she has finished the course. After this period the Client will have to pay the exam fee again to take the exam.
For exams rescheduled/ canceled less than 2 days before the exam starts you will have to pay an administration fee of £25 plus VAT. In case of scheduling an exam and not attending you will have to pay an administration fee of £50+VAT to reschedule the exam. If a delegate is late for an exam we reserve the right to refuse. An administration fee of £50+VAT to reschedule the exam will be due.
8. Customer Specific Courses (for example on Client’s site):
For courses scheduled to be delivered on a Client site or other venue requested by the client a cancellation charge of 50% of the agreed course fee will apply to cancellations made between 10 and 6 working days prior to the course start. For cancellations made less than 6 days prior a 100% charge % of the agreed course fee will apply.
Metadata’ total liability for any loss or damage shall not exceed the price payable for the Services, except in cases of direct physical damage to the Client’s property, personal injury or death.
Metadata shall not be liable howsoever caused for 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.
10. Force Majeure
Metadata shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or other cause beyond its reasonable control.
If Metadata is unable to perform its duties and obligations under this contract as a direct result of one or more such causes Metadata will give written notice to the Client of such inability stating the cause.
11. Data Protection and Confidentiality
The policy of Metadata with respect to data protection is detailed in its Web Site Legal Notice which should be read in conjunction with these terms and conditions of contract.
Where Services are certified training courses, the Client consents to allow Metadata full access to examination results arising from their bookings. This information will be used in accordance with the requirements of relevant data protection legislation. The data will only be used to evaluate effectiveness of training and to assist Metadata in providing advice to its clients.
All Intellectual Property associated with training courses or other Services shall remain vested in the owner be it Metadata, its Training Provider or others.
Where Services are distance learning products then the Client shall abide by all reasonable terms of any licence agreement applicable.
Intellectual Property which is identified as, or can reasonably be deemed to be, confidential shall not be copied or reproduced or disclosed to any third party without the prior written consent of Metadata. The Client shall ensure that its employees and all those under the Client’s control and supervision comply with this obligation.
Where Services are provided to the specification or special requirements of the Client, the Client shall indemnify Metadata against all costs, claims and damages incurred or arising out of any alleged infringements of Intellectual Property.
The Contract shall only become effective at the Confirmation Date.
Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by Metadata or its Training Providers shall be subject to correction without any liability on the part of Metadata.
No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of Metadata.
Metadata may assign or sub-contract the whole or any part of the Contract to any person, firm or company.
These Terms and Conditions expressly exclude any right afforded the Training Provider or any other third party pursuant to the Contracts (Rights of Third Parties) Act 1999.
During the term 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 Metadata or its Training Providers.
The invalidity or unenforceability for any reason of any condition, sub-clause or paragraph of these Terms and Conditions shall not prejudice or affect the validity or enforceability of the remainder.
These Terms and Conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
These Terms and Conditions are applicable to all invoices issued on and after 5th June 2015.
13. Complaints Procedures
For complaints please follow the following procedures.