Introduction
Welcome to Forensic Interview Consultancy (International) (FICI) Terms and Conditions.
FICI wants to ensure that all current and future Clients are fully aware of our Terms and Conditions (T&Cs) before entering into any agreement with us. As such, the T&Cs detailed below will inform you as to what current and future Clients can expect when engaging with our services. By agreeing to use our services, you are agreeing to these T&Cs.
You should also be aware of our Privacy Policy which is available via the link at the bottom of our homepage.
1. General
1.1 The terms and conditions of trade (the ‘Agreement’) of Forensic Interview Consultancy (International) Ltd and/or its subsidiary companies (hereafter called the ‘Company’) covering the supply of training and consultancy services to parties (the ‘Client’) are contained herein.
1.2 Orders to the Company for the supply of training and consultancy services are only accepted subject to these terms and conditions. If any document placing an order on the Company includes or refers to other terms and conditions of contract, then these shall not apply unless agreed to in writing by a Director of the Company.
1.3 No addition to, or variation of, these conditions will bind the Company and Client unless it is specifically agreed in writing and signed by a Director of the Company or Client.
1.4 These terms and conditions will form the basis of all contracts with the Company and Client, unless otherwise specified by the Company and Client and only under a signed written agreement.
1.4.1 The Company accepts orders for training and consultancy services through its website/s, by telephone and by email. In placing an order with the Company, the Client is deemed to have accepted the terms and conditions as contained herein.
1.4.2 These Terms and Conditions are also available on the Company website and all clients will be informed of these terms and conditions in writing or by email prior to any work being agreed.
1.5 These Terms and Conditions are correct at the date shown on the relevant Quote for Services/course booking documentation and the Company reserves the right to vary them without notice. An updated copy will be supplied to the Client if applicable or on request.
1.6 The engagement of freelance training and consultancy experts and/or other principal training and consultancy companies (where the Company is acting as agent) are covered by these Terms and Conditions, however, personal and professional liability insurance will not be covered by the Company – all such liabilities shall be covered by the training and consultancy expert/s conducting such training and consultancy.
2. Contract Formation and Right to Cancel
2.1 The Contract Start Date shall be defined as either the day on which the Company receives an official order to supply training and/or consultancy services from the Client (i.e., confirmation of the Quote for Services) or when these Terms and Conditions are agreed by both parties (i.e., the Company and the Client). Whichever date is the earliest shall be defined as the Contract start date.
2.2 Either party may (without prejudice to its other rights or remedies) terminate this Agreement with immediate effect by notice in writing to the other party if the other party defaults in the due performance of any obligation under this Agreement and the defaulting party has not remedied such default within thirty days of receiving a written notice of that default by the non-defaulting party.
3. Training Course Requirements
3.1 All training provided will be based either via on-line and/or classroom-based (in person). Prior to attendance (online or in person), delegates must provide, unless previously agreed by the Company, their own writing materials and/or any other personal equipment required to undertake the course (as previously agreed with the Client). It is the delegates responsibility to ensure they are conversant with what personal and professional equipment they are required to provide and the Company will bear no responsibility for delegates being unable to participate in any training program because of any shortfall or equipment omission.
3.2 Delegates must ensure they are capable of withstanding any rigors of training as outlined in the training outline (if applicable). If there are any doubts relating to this, the Company may ask the delegate/s to cease the training course. The onus is entirely with the Client and individual delegate/s to ensure his or her fitness to undergo training and the Company does not accept any responsibility in this regard. No refund of monies already paid or reduction of fees will be afforded to the Client or delegate should a delegate be removed from training.
3.3 Equipment owned by or leased/lent to the Client to accommodate the required training must not be removed from the training environment. Any damage to Company equipment or property caused by delegates will be invoiced to the Client.
3.4 Certificates of attendance are awarded at the discretion of the Company (and in agreement with the Client), and only to those who successfully complete the training satisfactorily. At the discretion of the relevant trainer, delegates that have failed any element of the training may be allowed to complete the training course although this may still result in an overall failure and, if applicable, the delegate may be required to re-take the entire course and pay the applicable fee.
3.4.1 Unless otherwise agreed beforehand in writing, the registration and issuing of certification and/or accreditation will only be recognised and delivered by the Company once payment from the client has been received and paid in full.
3.5 Delegates must attend and complete all aspects of the Course in order to qualify for certification and delegates are also required to be punctual at all courses and at all sessions. The full cost of the Course will be charged for Delegates who arrive late or are absent from all or part of the Course. This applies even if the Delegate is refused admittance due to lateness or illness. The Company operates a strict ‘shut-door’ policy and late Delegates will only be granted access at the discretion of the trainer delivering the course.
3.6 Where training is carried out not on Company premises, all relevant public liability and other insurances must be provided for by the site owner and/or Client - the Company does not accept any liability whatsoever in this regard.
3.7 The Client must ensure that training carried out at locations as specified by them has adequate room in which to carry all elements of the agreed training (as outlined in the training schedule). The Company reserves the right to and will charge 100% of the training fee for sub-standard or inadequate premises and/or equipment. This includes but is not exhaustive to:
3.8 Consumption of alcohol or non-prescription drugs is not permitted during training nor should they be consumed immediately prior to training. The Company will refuse to train any delegates who infringe this condition and will require them to leave premises where the Company are conducting training. Where a delegate is undergoing a course of prescribed drugs, they should inform the Company of the nature of the drug and any side effects, but only if it may impact the training. The Company may then seek assurance that training can be carried out without risk. The decision of the Company in relation to this is final.
4. Ownership of Intellectual Property
4.1 All intellectual property and related material (the “intellectual property”) that is developed or produced as a consequence of the agreed training course (as outlined in the training schedule), will remain the property of the Company. The Client is granted a non-exclusive limited use licence of this Intellectual Property during the agreed training.
4.2 Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Company.
5. Payment
5.1 The Client will be invoiced when the Services are complete. Invoices submitted by the Company to the Client are due within 30 days of receipt:
5.1.1 Unless agreed in writing, payment for all services must be made by Bank Transfer, or by Credit/Debit Card, but must be made in UK Sterling (GBP). The Company will not be liable for any bank charges as a consequence of making bank transfers.
5.1.2 Unless agreed in writing, the Company will charge daily interest of 1% on any monies owing as a result of any late payment (over the 30 days).
5.2 In relation to Consultancy (e.g., Expert Witness work), the fees quoted in the original Quote for Services will not include any subsequent Court attendance. These fees are available on request and will be provided in advance of any Court attendance.
6. Cancellation and Postponement
6.1 The Company reserves the right in its absolute discretion and without further liability to change dates, times and venues of training or to cancel an event. In the case of cancellation, all monies will be refunded. The Company’s events are constantly updated and improved and the Company reserves the right at any time and without notice to alter content and to change trainers, consultants or tutors.
6.2 The Company reserves the right to charge a cancellation/postponement fee in respect of contracts that are cancelled or postponed by the Client. The following refunds will be made in the event of cancellations/postponements prior to training course/consultancy start date:
6.3 Should it become necessary for the Company to postpone all or any part of a course or other work due to circumstances beyond their control, a mutually agreeable date will be selected on which to complete the work. The Company will not be liable for any costs incurred by the Client for such actions (including travel and subsistence costs).
7. Indemnification
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each party agrees to indemnify and hold harmless the other party, and its respective directors, shareholders, affiliates, officers, agents,
employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs
of any kind or amount whatsoever, which from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
8. Entire Agreement
This Agreement represents the entire agreement between the parties in relation to the subject matter of this Agreement and supersedes any previous agreement, whether written or oral, or by any other means (including e-mail and telephone conversations), between the parties in relation to that subject matter.
9. Enurement
This Agreement will enure to the benefit of, and be binding on, the Parties and their respective heirs, executors, administrators and permitted successors and permitted assigns.
10. Governing Law
The Contract shall be governed by the laws of England. Any dispute arising under or in connection with these Terms and Conditions shall be subject to the Jurisdiction of the English Courts.
11. Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
12. Waiver
The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
13. Force Majeure
The Company shall not be liable to the Client or be deemed to be in breach of Contract by means of any delay in performing or failure to perform any of the Company’s obligations in respect of the Services if the delay or failure was due to any cause beyond the Company’s reasonable control, including, but not limited to, acts of God, civil unrest, war, fire, accidents, explosions, and labour disputes (each a “Force Majeure Event”).