1. Definitions
These are the terms and conditions governing the provision of training services by the Southern African Gas Association NPC or its subcontractors with the exclusion of any other oral or written statement or agreement whatever its legal character:
a. ‘Client or Customer’ means a company or individual that completes a course booking form or enters into a contractual arrangement.
b. ‘Delegate’ means the party or parties named as attendees on the course booking form.
c. ‘Invoice’ means an invoice for the charges delivered by Southern African Gas Association NPC to the customer.
2. General
These Terms and Conditions shall apply to all training carried out in the provision of services by Southern African Gas Association NPC to the Customer in accordance with any order confirmation authorised by the Customer. No additions to, or modifications of, these Terms and Conditions shall have effect unless expressly agreed in writing by both parties and expressed to be amendments to these Terms and Conditions. Southern African Gas Association NPC employees or agents are not authorised to make any representations whatsoever concerning the provision of services unless confirmed by Southern African Gas Association NPC in writing. The Customer acknowledges that it does not rely on, and waives any breach of, any such representations that are not so confirmed.
3. Acceptance of order
a. Bookings can be accepted at any time up to the course start date, subject to availability.
b. An official confirmation must be received from the Customer in order to reserve a place. Prior to your confirmation, your place is only held provisionally.
c. Confirmed bookings can be made by acceptance of a quotation and or payment of invoice. Provisional bookings can be made by submitting the training booking form via email or fax. Bookings will only be confirmed on receipt of full payment.
4. Course Substitutions, Rescheduling, Transfers and Cancellations
Substitutions
a. Delegate substitutions may be made prior to the start of the course without penalty, providing the Southern African Gas Association NPC is informed within 3 working days in writing. It is the customer’s responsibility, having referred to relevant Southern African Gas Association NPC course information, to ensure the course is suitable for the student’s requirements.
Rescheduling
b. Bookings rescheduled by the customer within 1-5 working days of course commencement will incur a 50% transfer fee, between 6-10 days will incur a 20% transfer fee plus any price difference in the new course fee.
Transfers
c. Bookings transferred by the customer more than 10 working days and less than 31 days before the commencement date of the course will incur a 10% transfer fee plus any price difference in the new course fee, all transfers must take place within 10 working days of the commencement date of the original class.
d. Transfer requests received once a course has commenced are not acceptable and will be considered to be a cancellation and will be subject the terms and conditions regarding cancellations.
e. In the event that a customer cancels a booking for which a transfer has taken place, this will incur a minimum 50% cancellation fee
f. In all circumstances Southern African Gas Association NPC require written notification of any transfers.
Postponement / Cancellations
g. Postponement/Cancellation by customers made more than thirty days before course commencement will not incur cancellation charges.
h. Postponement/Cancellation within 1-5 working days of course commencement will incur a 75% cancellation fee, between 6-10 days will incur a 50% cancellation fee.
i. Non-attendance by a delegate on days of course, will forfeit full course fee
j. In all circumstances Southern African Gas Association NPC require written notification of any postponement/cancellation.
General
k. The Southern African Gas Association NPC undertakes to provide the training course on the date specified except when external circumstances prevent this. In these circumstances Southern African Gas Association NPC will endeavour to re run the course on a mutually agreeable basis.
l. The Southern African Gas Association NPC reserves the right to cancel a course, though every effort will be made to ensure this does not occur. In the event of a course being cancelled by the Southern African Gas Association NPC, alternative dates will be proposed and customers and or delegates duly informed.
m. The Southern African Gas Association NPC takes no responsibility for loss of profit and/or for any incidental, consequential special or indirect losses as a consequence of exceptional cancellations.
5. Sub-contracting
Southern African Gas Association NPC reserves the right to assign or sub contract its training courses to other appointed and approved personnel or institution.
6. Pricing and Payment terms
a. All course fees are fixed and published by the Southern African Gas Association NPC, however the Southern African Gas Association NPC reserves the right to review and change prices.
b. The course fee includes tuition, training materials, refreshments and manuals as appropriate to the course.
c. Payment of the course fee, together with VAT, should be received by Southern African Gas Association NPC 10 working days prior to the course start date or on booking, whichever is the later.
d. No training services will be provided unless payment conditions have been fully met.
e. All prices quoted are exclusive of VAT, which will be charged at the prevailing rate as notified.
f. Payment can be made by Bank transfer (EFT).
g. The client agrees to pay for any loss or extra cost incurred by Southern African Gas Association NPC through the client’s instructions or through failure in taking delivery on the part of the client, its servants or employees.
7. Course content
The course listing is provided for information purposes only and does not constitute an offer for a particular course or programme. The Southern African Gas Association NPC constantly strives to improve the content of its courses and therefore reserves the right to modify the specification of a course without notice to the Customer or delegate. A course title, duration, cost, content and location are liable to change due to unforeseen circumstances or at any time.
8. Customer and Delegate Suitability
a. It is the Customer’s responsibility to ensure that the course is suitable for their delegate’s requirements. All delegates shall have read and understood the course outline and met the necessary prerequisites prior to arranging for or attendance of a course.
b. The Southern African Gas Association NPC reserves the right to ask a delegate to leave the training event or not be allowed to enter the training event if the delegate does not meet the course prerequisites.
c. The Southern African Gas Association NPC urges clients to support this policy, which is designed to protect the Customer’s investment.
d. All delegates will be required to abide by any site rules, regulations, policy and procedures applicable to and operating at the course location.
9. Force Majeure
The Southern African Gas Association NPC shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from, hindered in or delayed in the provision of services through any circumstances beyond its reasonable control including but not limited to strikes, lock outs, accidents, war, fire, acts of God, reduction in or unavailability of power, break down of plant or machinery or shortage or unavailability of raw materials from normal sources of supply.
10. Limitation of Liability and Indemnities
a. Except as may otherwise be expressly provided in these Terms and Conditions, all warranties, conditions, terms, undertakings and representations of any kind whatsoever, express or implied, whether by statute, common law or otherwise, are hereby excluded by the Southern African Gas Association NPC to the fullest extent permitted by law and the Southern African Gas Association NPC shall have no other obligation, duty or liability whatsoever in contract, tort, statute or otherwise to the Customer.
b. The Southern African Gas Association NPC represents and warrants that the services provided will be performed in a professional and skilful manner consistent with the professional standards and the general customs and practices of the industry.
c. The Southern African Gas Association NPC maximum aggregate liability for any and all losses, claims, demands, damages, costs and/or expenses of any kind whatsoever arising out of or in connection with any order confirmation and/or these Terms and Conditions (whether in contract, tort, by statute or otherwise) shall not, in total, exceed the amount actually paid by the Customer to the Southern African Gas Association NPC for the services which are the subject of the order confirmation in question.
d. Without prejudice to the generality of the foregoing, The Southern African Gas Association NPC shall not be liable to the Customer (whether in contract, tort, by statute or otherwise) for loss of profits and/or for any incidental, consequential, special or indirect loss or damage arising out of or in connection with any order confirmation and/or these Terms and Conditions, including but not limited to: (a) loss of use; (b) loss of goodwill; (c) loss and/or corruption of data; (d) loss of information; (e) loss of business; (f) loss of goods; (g) loss of anticipated savings; (h) loss of revenue; (i) downtime; (j) any damage relating to the procurement by the Customer of any substitute services.
e. For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses 10 (a) through (j) inclusive above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these Terms and Conditions and/or any order confirmation.
f. For the avoidance of doubt, nothing in these Terms and Conditions and/or any order confirmation shall restrict and/or exclude in any way the Southern African Gas Association NPC’ liability for (a) death or personal injury resulting from the negligence of Southern African Gas Association NPC, its officers and/or employees; and/or (b) fraudulent misrepresentation. The Customer is liable for any loss, damage or injury to the Southern African Gas Association NPC staff or their property which may arise whilst working at the Customer location and is due to negligence or breach of statutory duty by the Customer.
g. The Southern African Gas Association NPC accepts no liability for the failure of any third party hardware, software and/or systems which may be the subject of any the Southern African Gas Association NPC services: this includes failure to meet its operating specification.
h. No part of the training material, inclusive or exclusive, may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, or otherwise, without prior permission in writing of Southern African Gas Association NPC or the copyright owner.
i. All Intellectual Property Rights for any product or service remain the property of the Southern African Gas Association NPC unless otherwise stated or agreed.
11. Disclaimer
The information contained in all the Southern African Gas Association NPC training manual, coursework & literature is distributed on an “As Is” basis, without warranty. While every precaution has been taken in the preparation of the training courses and associated literature, neither the author nor the Southern African Gas Association NPC shall have any liability to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the instructions contained in the coursework or by the computer software and hardware products described in it.
