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Terms and conditions

Valid from 1st January 2018

1. Application

These “Terms and conditions - RelyOn Nutec’ courses and services” (“Terms and Conditions” or “Agreement”) apply for any registration and agreement regarding participation in and completion of courses and services provided by RelyOn Nutec Holding A/S (“RN”) in areas that are owned, leased or in any other way rented by RN or any of its affiliates (“RN Group”) unless RN or the relevant RN Group company has explicitly accepted in writing that these terms and conditions shall, in whole or part, be waived or replaced by different regulations.

For any course held by RN in other locations than the above mentioned, the attached “Appendix A - Courses on third-party or Clients premises” shall supplement and be an intrinsic part of these Terms and Conditions.

2. Registration and order confirmation

The booking of a slot for participants in a training course shall be deemed to be accepted only upon written confirmation from RN, upon the other party’s, whether a corporate or self-sponsored client (the “Client”), written acceptance of RN quotation, or upon receipt of payment.

Upon booking of a training course, these Terms and Conditions shall govern the relationship between RN and the Client. The Client shall ensure that all persons (whether its employees, agents, consultants or suppliers) attending a training course booked by the Client, or the Client itself in the case of a self-sponsored client, (a “Participant”) shall act in accordance with and fully comply with these Terms and Conditions.

Please note that when you accept these Terms and Conditions, RN Group may contact you if an issue occurs with respect to the payment.

3. Fees and payment

3.1 Payment Terms for Businesses
Clients (excl. self-sponsored clients - see 3.2) will receive an invoice after either the booking or the completion of the course in which the Client has registered one or more Participants. RN is entitled to send invoices using electronic communication.[A] If no specific fees are agreed beforehand, the fees for standard courses are set out in the current RN price list in force, which is available upon request.

3.1.1 Quotations
Written quotations of RN are valid for a period of 30 days from the date on which they are given unless otherwise indicated. RN reserves the right to withdraw such quotation at any time prior to its acceptance. Applicable fees are stated in the quotation and shall be payable in the local currency unless otherwise indicated. All prices are exclusive of VAT and any other taxes or charges which shall be payable by the Client in addition to the fees at the prevailing rate(s) where applicable. The fees include the cost of course materials, course facilities and equipment unless otherwise informed.[B]

3.1.2 Payment
The Client shall pay each invoice submitted to it by RN within 14 days from invoice date or as otherwise stated in the invoice, unless otherwise agreed in writing. The Client is not permitted to make deductions or retain the amount in whole or part or to set off the amount against a claim the Client asserts it has against RN.

3.1.3 Late Payments
Without prejudice to any other right or remedy that RN may have, in the event of failure by the Client to pay RN on the due date, RN may charge interest on such sum from the due date for payment at the annual rate of 4% above the European Central Banks (“ECB”)[C] reference rate[D], accruing on a daily basis and being compounded quarterly until payment is made.[E][F]

3.2 Payment Terms for Self-sponsored Clients[G]
For self-sponsored clients the course fee, VAT and any other charges are due for payment at time of booking and no later than on the first day of the course[H]. The amount can be paid electronically to a bank account stated on the course confirmation prior to the course start, or by payment with a credit/debit card when arriving at the designated RN location.[I] If the amount has been paid electronically, payment documentation must be provided during the course and presented to RN upon request. RN reserves the right to refuse training to any Participants who cannot document that the amount has been paid on the course start date.

4. Cancellation policy

4.1 Cancellation of Standard Courses
The Client may cancel a standard training course by giving notice to RN that it no longer requires the bookings, provided such notice is in writing and received by RN at least 14 Days[J][K] prior to commencement of the relevant standard training course.  In such circumstances, RN shall refund to the Client all fees paid less an administration fee according to the RN standard price list at the time of the cancellation. If notice of cancellation has not been received at least 14 Days[L] prior to commencement of the standard course or a Participant fails to attend a standard training course for any reason whatsoever, cancellation is not possible and all fees payable in respect of such course shall remain payable to RN.

The Client or Participant can, up to two Business Days prior to the start of the standard training course, change the booking to include a corresponding standard course on a later date within two months. The right to change a course date is subject to availability for the relevant standard training course and consent from RN. Such consent can be refused if the practical completion of either the original course or the rebooked course is hindered by the change of date.

If a change of the course date has been agreed, a full course fee will be invoiced in the event of a later cancellation of that Course by the Client.

4.2 Cancellation of onsite, bespoke or non-standard training courses[M]
The Customer can cancel any onsite, bespoke or other non-standard training course:

  1. a) More than 28 Days prior to the start of the training course, in return for payment of any eventual preparation costs that RN has already incurred.[N]
  2. b) Up to 28 Days prior to the start of the training course, in return for payment of preparation costs and 50% of the remaining full course fee.[O]
  3. d) For cancellations later than 14 Days prior to the start of the course, the full course fee shall remain payable to RN.[P]

4.3 Cancellation by RN
RN reserves the right to cancel or postpone any standard, customized or non-standard training course for any reason whatsoever and in such event, RN liability for such cancellation shall be limited to a full refund of fees paid or, where available and acceptable to the Client, transfer to a similar training course on an alternative date.

5. Complaints

All complaints in respect of a training course should be made in writing and sent to RN within 30 days from the date of the last day of the course in question.

6.Course certification

A Participant must complete all aspects of a training course to the standard(s) specified by RN in order to receive course certification. If the Participant fails to complete any element of a training course, the Participant shall not be entitled to certification. In such event, no fees or payments shall be reimbursed to the Client for the Participant’s failure to complete the training course. Any matter relating to the provision of course certification shall be determined by RN in its absolute discretion.

7. Duplicate certificate

Requests for duplicate certificates must be made in writing by the Client or Participant stating the relevant training course, date, Participants name and date of birth. A fee per certificate copy will be applicable, which is visible from the RN price list. This fee must be paid in advance of the duplicate certificate being issued.

8. Accommodation & transportation

If requested and if available, RN will assist the Client in providing information to Participants about local accommodation and transportation. RN accepts no responsibility for the provision of such information and shall not be liable for any losses (direct, indirect, consequential or otherwise) arising from any arrangement between the Client or Participant and the provider of such accommodation.

9. Health and safety

The Client, or the Self-sponsored Client, must ensure, that each Participant shall at all times during the training course:

  1. act in full compliance with all applicable health and safety legislation, regulations and policies;
  2. follow all instructions or directions given by RN personnel; and
  3. not be under the influence or in possession of alcohol or illegal substances.

If any Participant fails to act in accordance with the above requirements or is reasonably believed to have taken or used any illegal substances or alcohol, RN may, in its absolute discretion, require such Participant to leave the training course immediately.  RN will inform the Client of any such event.  In such event, no fees or payments shall be reimbursed to the Client for the Participant’s failure to complete the training course.

Each Participant shall, have and the Client shall ensure that the Participant shall, read and understand RN “Information for Participants attending training courses at RN training centres“ before participating in the training course.[Q]

It shall be the Client’s sole responsibility to ensure that Participants are sufficiently fit and able, including being free from respiratory disorders and heart disease, to participate in any physical activity forming part of the training course. If in doubt, Participants must seek appropriate medical advice prior to commencement of the training course. The Participant must disclose any relevant medical condition prior to taking part in physical training activities. RN reserves the right to refuse to provide training courses to any Participant when it considers such Participant’s involvement may pose a risk to the Participant’s own health and safety or the health and safety of others.

10. Data Protection

The Client and Participant agree that RN is permitted to hold personal information about the Participant as part of its records and RN may process such information as part of RN business to provide the service as per the agreement. The Client and Participants agree that RN may disclose such information to third parties only if and to the extent that such disclosure is, in RN view, required for the proper conduct of RN business, such as disclosure to a certification body (e.g. OPITO, STCW), to ensure proper registration of the training certificate. Further details and information on how RN process personal data is outlined in the RN Privacy Policy

The Client shall ensure that all information provided to RN is provided in compliance with applicable law, such as applicable data protection legislation, and that information regarding the relevant RN Privacy Notice is relayed, as appropriate.

11. Intellectual property rights

All trademarks, copyrights, design rights and any other intellectual property rights (whether registered or unregistered) used, created or embodied in or arising out of or in connection with the delivery of the courses or services shall remain the sole property of RN and the Client and Participant shall not during, or at any time after, the completion of the training course assert ownership of or dispute RN ownership of such rights and shall assign to RN any such rights coming into its possession.

All materials and information (in whatever form) provided by RN to the Client or a Participant in connection with the courses and services may not be copied, distributed or made available to any third parties. The Client and the Participants shall not use such material and information for any reason which is not connected to the specific training course or service provided by RN to the Client or Participant.

A Participant is, subject to the previous paragraph, entitled to retain for their personal use the training course materials that are provided to them for this purpose only. Any other materials relating to the training course or service (in whatever format) provided to the Client or a Participant shall be returned to RN on the earlier of the completion of the training course or service or upon request by RN. The Client and the Participants shall not copy or otherwise reproduce any materials (including training course materials) provided by RN without RN prior written consent.

12. Liability of Clients and Participants

It is the responsibility of the Client to ensure that all sponsored Participants behave responsibly and follow instructions given by RN personnel at all times. RN reserves the right to dismiss a Participant from a course without liability if, in RN reasonable opinion, the behavior of a Participant is unacceptable. In such event, no fees or payments shall be reimbursed to the Client for the Participant’s failure to complete the training course.

The Client or the self-sponsored Participant shall be liable without limitation for any damage to RN facilities, inventory or employees, including but not limited to furnishings, premises and equipment, caused by acts or omissions in negligence or willful misconduct of the Participant. If, in case of illness during the training course, the Participant requires medical treatment or hospitalization the Client, or Participant in case of self-sponsored Participants, shall bear all costs for such medical treatment or hospitalization and shall indemnify RN for any costs related thereto.

13. RelyOn Nutec Liability and Limitation of Liability

RN assumes no liability towards, and shall not be liable to, the Customer and/or the Participant for any types of loss, damage, injury sustained by the Customer and/or Participant in connection with or as a result of courses, unless the loss, damage or illness was caused by an intentional or grossly negligent act from someone who acts for or on behalf of RN in connection with a course. RN’s liability, if any, towards a Client and/or Participant for training courses and services shall not include indirect or consequential losses, for instance loss of income, profit or contractual position. RN’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the training courses shall in any case be limited to EUR 500,000.[R][S]

The Customer and/or the Participant relinquish the right to assert claims against RN unless RN is notified in writing about any relevant claim without undue delay after the Client or Participant was aware or should have been aware of the existence of the claims or the circumstances that the claims are based upon. If claims have not been submitted within 3 months after the completion of the training course or delivery of the service in relation to which the claim is asserted to have arisen, the claim cannot be asserted against RN, the company’s representatives or insurance company.

14. Insurance

The Client and RN shall respectively obtain, maintain and keep in full force and effect all compulsory (e.g. workers compensation, auto liability), and customary (e.g. liability, property damage) insurances.

Self-sponsored clients shall obtain, maintain and keep in full force customary insurances for private individuals.

15. Force majeure

Neither party shall be in breach of these Terms and Conditions nor liable for any failure or delay in performance of its obligations (other than the obligation to make payments of money) arising or attributable to acts, events, omissions or accidents beyond its reasonable control including, but not limited to, acts of God, fire, explosion, embargo, terrorism, civil disturbance, epidemics, lightning damage, electromagnetic interference, radio interference, strikes and industrial dispute.

16. Severance

If any provision of these Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Agreement, and the validity and enforceability of the other provisions of the Agreement shall not be affected.

If a provision of these Terms and Conditions (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

17. Choice of Law and Venue

Any disputes, claims or disagreements between RN and a Client and/or Participant with regard to these Terms and Conditions and/or courses or services regulated by these Terms and Conditions shall be governed by and construed in accordance with the laws in the jurisdiction of the RN entity conducting the course or delivering the service. In the event of conflict between the Terms and Conditions and non-mandatory statutory provisions, the Terms and Conditions take precedence.[T]

18. Translation

Any local language translation of these Terms and Conditions is provided for the convenience of the Client and Participant only. In the unexpected event of any discrepancy between the local language version and the English language version, the text of the English language version shall prevail.

Appendix A – Courses on third-party or clients premises

1. Application

The provisions in this “Appendix A - Courses on third-party or Clients premises” are incorporated in the Terms and Conditions for all courses conducted by RN, in any location that is not owned, leased or rented in any manner by RN or any affiliates in the RN Group.

All words and expressions that are defined in ”Terms and Conditions – RelyOn Nutec” have the same meaning and content in this document.

2. Course fee

The course fee does not include course premises/course area and catering. Hire of equipment for use during courses and costs for transport of this equipment are only included in the course fee if this is agreed in writing with and confirmed by RN.

If, at the Client’s request, RN’s provision of training courses is extended in terms of time and/or scope, extensions in connection with standard training courses will be invoiced in accordance with the applicable hourly or daily rate plus any taxes/fees and costs.

3. Travel and accommodation costs

RN organizes its own travel activities and selects what is considered suitable means of transport and accommodation of a normal standard.

In accordance with the documented costs, the Client shall cover travel costs and all costs related to accommodation for RN personnel for travel to and from the course location and when staying at the course location.

Travel and accommodation costs are invoiced along with the agreed course fee, hourly rates or day rates.

4. Cancellation and postponement

In addition to accrued fees for the cancellation of courses or changes to the course, in accordance with clause 4 of the Terms & Conditions, the Client must always cover the costs RN incurs due to such cancellation or postponement, including but not limited to, any costs related to plane tickets, hotel reservations and accommodation.

5. Course premises and course area

Unless otherwise is explicitly agreed in writing, the Client must, at no cost to RN, make suitable premises and/or areas available for conducting courses on the course date. The premises and/or area must include all necessary facilities for the completion of the course. The Client must also guarantee for and provide RN personnel with the necessary access to the relevant premises and areas.

If the course premises and/or course area include equipment or devices that the Client has procured upon agreement with RN for use during the course, the Client must guarantee the fitness for a particular purpose for the equipment and devices and that these are adequately maintained and have been inspected, tested and approved by qualified personnel, for use during the course within a reasonable period of time prior to the course date. In case of any doubts, specifications can be requested from RN defining the exact needs for any given course.

The Client shall indemnify RN against any form of loss and damage that may arise as a result of failure, malfunction or the like in the equipment or devices that the Client has procured for use during the course. The duty to indemnify RN applies regardless of liability, in any form, on the part of the Client or any party that acts for or on behalf of the Client in connection with the Course.

Endnotes

Local amendments to these terms and conditions

  • [A] Azerbaijan: RN is also entitled to send invoices by hard copy
  • [B] MEA: All local and foreign taxes including With Holding Tax to/(will need to) be borne by the client to pay RN in full as per the invoice. If there are local taxes of any kind, this will need to be grossed up on the invoice amount in order to pay RN in full as per the invoice for bank transfer.
  • [C] United Kingdom: Bank of England base rate is valid
  • [D] Nigeria: Monthly rate of 1%
  • [E] Azerbaijan: Monthly rate of 0,5%, accruing on a daily basis and being compounded monthly until payment is made.
  • [F] East Asia: Monthly rate of 1,5%, accruing on a daily basis and being compounded monthly until payment is made.
  • [G] Nigeria: Also valid for clients with no contracts
  • [H] Nigeria: Charges are due for payment no later than three working days before course start.
  • [I] Azerbaijan, Nigeria, United Kingdom: Payment by credit/debit card at RN location is not available
  • [J] Nigeria: 10 business days is valid
  • [K] United Kingdom: 10 Business Days is valid (5 Business Days for Self-sponsored Clients)
  • [L] Azerbaijan, Nigeria, United Kingdom: 10 business days is valid
  • [M] East Asia: Including advanced (MEMIR & OIM)
  • [N] Azerbaijan, Nigeria, United Kingdom: 20 business days is valid
  • [O] Azerbaijan, Nigeria, United Kingdom: 20 business days is valid
  • [P] Azerbaijan, Nigeria, United Kingdom: 10 business days is valid
  • [Q] United Kingdom: The paragraph is not valid
  • [R] Nigeria: USD 500,000 is valid
  • [S] East Asia: GBP 500,000 is valid
  • [T] East Asia: Any disputes, claims or disagreements between RN and a Client and/or Participant with regard to these Terms and Conditions and/or courses or services regulated by these Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. The parties irrevocably agree that the courts of Malaysia shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms & Conditions or its subject matter.

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