Terms and Conditions

Our Terms and Conditions ensure you receive the highest quality of training course content, delivered by expert trainers and supported by Apex’s evaluation systems.

By agreeing to our terms and conditions you accept Apex’s terms in relation to the cancellation or rescheduling of training days. The full fee as agreed in the training proposal provided by Apex Training & Development Ltd must be paid within 28 days of the date of invoice unless otherwise agreed with Apex Training & Development Ltd.

All ideas and content made available to clients, or prospective clients, during the sales process will remain the intellectual property and copyright of Apex Training & Development Ltd. Clients are strictly forbidden from using such content for any personal or commercial purpose whatsoever without express written permission of Apex Training & Development Ltd.

By requesting or agreeing to a written proposal or tender the client is agreeing to these conditions.

Intellectual Property

The client recognises and accepts that Apex Training & Development Ltd is the owner of intellectual property rights pertaining to Apex Training & Development Ltd courses, programmes, learning management systems, apps, evaluation mechanisms, video-based training materials and diagnostic tools. The client agrees that it will not breach any of these intellectual property rights by duplicating in any way shape or form any of the Apex ideas, techniques, theories or information derived from any of the sources identified, without the formal written consent of a Director from Apex Training & Development Ltd. All Apex systems, technologies, materials, exercises, diagnostic tools and other documentation originated by Apex will remain the intellectual property of Apex Training and Development Ltd.

Liability

Apex shall use reasonable skill and diligence in the delivery and performance of all products and services. However all warranties and representations are excluded to the fullest extent permitted by law and Apex shall be under no liability in respect of any deficiency in the products and services and shall not be liable for any consequential or indirect loss whatsoever which arises out of or in connection with supply or use of products and services.

Data Protection and Privacy

Apex Training & Development Ltd is fully committed to abide by and acting within the spirit of the Data Protection Act 1988. Apex staff are all acquainted with their duties under the act and are aware of the standards expected by Apex in relation to the processing of personal data and safeguarding individuals’ rights and freedoms.

Cancellation

Dates within a schedule may be moved to allow for changes and other priorities in the client’s business. However, if any of the training events outlined within the contract are cancelled or moved at short notice, then the following schedule of charges will apply:

  • Dates rescheduled within 90 days  – 50%
  • Dates rescheduled within 60 days  – 75%
  • Dates rescheduled within 30 days  – 100%
Health and Safety

Apex’s health and safety policy applies to the running of any service entered into as part of this agreement. Apex shall be responsible for and shall indemnify and hold harmless the client from and against all claims, losses, damages, costs (including legal costs), expenses and liabilities howsoever arising, including by negligence or breach of duty (statutory or otherwise) of the client, related to:

  • Disease of or injury to or death of any person employed or provided by Apex
  • Damage to or loss of Apex’s provided materials and/or equipment.

The client shall be responsible for and shall indemnify and hold harmless Apex from and against all claims, losses, damages, costs (including legal costs), expenses and liabilities howsoever arising, including by negligence or breach of duty (statutory or otherwise) of Apex, related to:

  • Disease or injury to or death of any person employed or provided by the client
  • Damage to or loss of a client’s provided materials and/or equipment.

Each party shall bear its responsibility towards Third Parties according to applicable law. Apex shall maintain sufficient insurance cover against its liabilities under the Contract and/or at law and shall provide to the client on demand a valid certificate of insurance in respect thereof.

Travel Costs and Travel Time

Travel related expenses will be reimbursed against a detailed summary of expenses. Should receipts be requested, these will be presented in a timely manner, to back up a summary of expenses.

Translation

If required, translation is a reimbursable cost against an invoice or agreed supporting documentation. The costs for this item are to be agreed with the client in advance of spend. This is to be invoiced on completion of the translation.

Commercial Confidentiality

Apex Training & Development Ltd agrees to maintain the highest standards of commercial confidentiality concerning the receipt of information about the client. Apex Training & Development Ltd agrees that such information will be kept strictly private and confidential and will not be divulged to any other party without the formal written consent of the client. This confidentiality clause covers all Apex Training & Development Ltd staff involved in the design and delivery of programmes/courses/services to the client.