1.1 The definitions and rules of interpretation in this condition apply in these terms and conditions.
'we', 'us' or 'our': is a reference to (Samads/Samad Solutions Ltd);
'you' or 'your': is a reference to the individual, company or other commercial body to whom we are providing our Services and who is required to pay for the Services we provide;
'Services': means the assistance we will provide in connection with your requirements. The precise Services we will be providing to you will be stated in the quotation and as we agree from time to time.
1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.3 Any obligation in these Conditions on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
2. LEGALLY BINDING CONTRACT
2.1 These terms and conditions shall be binding on any individual or company, commericial body that purchases goods or services or making bookings with Samad Solutions Ltd.
2.2 A contract between you and us will come into being in one of two ways:
2.2.1 When you sign the agreement we and you will enter into a legally binding contract on the date you sign; or
2.2.2 Where you and we agree verbally that we should provide the Services then there will be a legally binding contract on the date of our verbal agreement.
2.3 We suggest that before you sign the agreement or verbally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us.
2.4 You should keep a copy of these terms and conditions for your records.
2.5 Samad Solutions Ltd reserve the right to revise or amend Terms and condition at any time and without any notice. New Terms will apply only to sales and contracts after the new rules come into effect. The latest version of Terms and conditions will be available on our website or at request.
3. PROVIDING THE SERVICES
3.1 Samad Solutions Ltd and you are entered into a legally binding contract, we will normally start providing the Services to you within 48 hours or on a date agreed between us without further discussion with you. Sometimes the services will be provided at some other date or time or be dependent on a number of factors.
3.2 Unless agreed, invoices for the services are to be paid in full before services are provided.
3.3 Samad Solutions Ltd accepts services by phone, online (our website), email or verbally. Once agreed by any of these means the booking is confirmed and you have entered into the legally binding contract.
4. Course/Exam Booking
4.1 Applicants responsibility to choose the right test or course: It is solely the individual’s responsibility to confirm and choose the right exam or course they require. All information given on our website and by Samad Solutions Ltd should be taken as a guide only. You must check with the awarding body or exam/course you need we accepts no responsibility, for the exam/course candidates have chosen to take.
4.2 Resits: You should book your exam well in advance to guarantee a place and have sufficient time for preparation. You will have to pay full price for resits if you are taking only the exam with us without attending our full Course.
4.3 Exams/Course Booking: The exam will only be booked and confirmed after we have received all the information and full payment. It is up to candidate to make sure they have provided all the information, documents and their payment is up to date. Failure to complete payment and missing any vital information will result in loss of exam place.
4.4 ID: A valid photo ID details must be provided at the time of registration along with a proof of address. You must also bring original ID documents on the exam day. If you fail to bring correct ID (ID used when registering) as required by the Awarding body, then the candidate will be refused admission into the exam and will lose their place and their fee. Please make sure you bring the correct ID as agreed upon booking.
4.5 Failure to attend Exam and Late arrival on Exam Day: Once an exam fee is paid and exam is booked, if you do not attend the exam for any reason you will not be liable for a refund. A full fee will have to be made in order to re-book an exam. If you cancel the exam 14 days prior to the exam commencement date, we will refund the full fee after deducting out £25 administration fee.
4.6 Refunds: The registration and administration fee is non-refundable under all circumstances. Refunds will only be made in the form of a company cheque. A refund can be made if done before 14 days of the exam or registration. If you decide to cancel within less than 14 days to your exam/registration you will lose your entire fee. We will not make any refund if there are any delays for certificates from examining bodies.
4.7 Communication: All the communication with us must be dealt during our working hours by email or through our main land line number.
4.8 Non-Transferable: The exam/course fee is non-transferable. You cannot transfer the fee to another exam or to another person.
5.1 Replacement Certificate: The cost of replacement certificate is £60 which must be paid in advance before we request a new certificate.
5.2 Delays in Certificates: Please note that in some cases certificates take longer to come than expected. We will give information of delivery time of certificate upon registration. This should be taken as a guide. We will not be responsible for the delays; neither can we make a refund if certificates come later than expected or loss of earning/work.
5.3 Collection/Delivery of certificates: Certificates can be collected from our main centre during our opening hours once the candidate receives confirmation of arrival. The certificate will be posted via royal mail. We will not be responsible if the certificate is lost via courier. We can also post your certificate first class recorded deliver at an extra cost of £10.
5.4 Deadlines or Expiry of your cards: It is your responsibility to book and pass your exams well in time before your card or qualification expires. We will not get involved into any race if you have to meet any deadline and will not accept any liability if you cannot get your certificate before your card or qualification/s expires.
For more information please see our certification policy, which can be requested by email to email@example.com
6. Changes in the course/exam
6.1 Changes in Law: We will not take any responsibility if the law or awarding body changes any rules after you have taken the exam and your certificate is no longer valid for the purpose. We will not make any refunds.
6.2 Changes in Venue, Time and Exam: In rare cases we may have to change the date, venue or examining body for the exam. If this happens, we will notify you at the earliest opportunity. If we have to cancel an exam for any reason, we will offer you an alternative date or full refund if the new date is not suitable for you.
6.3 We will not take any responsibility for changes to the availability or syllabus content of the accredited courses as set by the awarding body. Should your syllabus be phased out, at any time during your study or assessment period, we can only extend this to the last available date for which your course is valid.
6.4 if you choose to cancel a paid exam/course you will forfeit any monies paid in that regard. Furthermore, under the terms of this agreement you explicitly accept that you will not be entitled to and will not receive a refund through making such order cancellation.
6.5 If any information or data supplied to us during or after for the provision of a service prove to be insufficient or inaccurate. We reserve the right to amend or cancel the agreement.
6.6 Samad Solutions Ltd 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. Samad Solutions Ltd also reserves the right to cancel without given any reason or notice.
6.7 Please note that each H&S,E test is paid to be taken once only, if failed, payment WILL need to be made again to retake – H&S,E test can be retaken after 48 hours minimum. If you would like to change or reschedule your test you will need to call us and email us 96hrs prior to you test date/time. You will not be entitled to refund if you cancel / fail to attend / fail to bring correct ID for the test on the date/time booked.
7. Force Majeure
7.1 We shall have no liability to you if we are prevented from, or delayed in performing obligations under the contract or from carrying on business by (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities.
8. LIMITATION OF LIABILITY: THE CLIENT'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
8.1 Nothing in these Conditions shall limit or exclude Samad Solutions Ltd's liability for:
8.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
8.1.2 fraud or fraudulent misrepresentation; or
8.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
8.2 Subject to clause 8.1:
8.2.1 Samad Solutions Ltd 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
8.2.2 Samad Solutions Ltd'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 £2 million.
8.3 The terms implied by sections 3 to 6 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
8.4 This clause 8 shall survive termination of the Contract.
9.1 The contract is not intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
10. Data Protection
10.1 Any information disclosed to us either directly through assessment, website, email, booking or by any other means will be only be collected, stored or processed in accordance with our data protection policy.
10.2 We may contact you with offers from the data collected by email or from our website, you can request to unsubscribe by sending email to firstname.lastname@example.org
10.3 Any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose.
10.4 Posting or transmittal of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.
10.5 We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
10.6 Please be informed that your personal data will be sent to awarding body for the purposes of entering you for an awarding body qualification, certification and maintenance of your record of attainment.
11.1 Harassment and Abusive Behaviour: Our staff have right to work without any fear. We will not tolerate any kind of harassment, threats or abusive behaviour over the phone or in our Centre. In such cases, you will not be allowed to sit in exam and you will lose your full fee.
11.2 We also reserve the right to not accept a candidate if we cannot confirm the identity or if a candidate has been abusive to our staff.
12. Retention of Title
All goods, services, licenses and certificates will remain the property of the Company until the fee has been paid in full, and the client shall remain liable only until full payment has been made.
Any query by the client relating to payment must be notified by the client to the Company within 14 days of the date of invoice/order form