Education Services Terms and Conditions
These terms and conditions will apply to the in-salon education services we provide to you, as well as any local or international shows and seminars. Please read them carefully before ordering any services from us as you will be bound by them. We advise that you keep a copy for reference.
Please note the limitations and exclusions on our liability in paragraph 6. Should you have any queries, we would be happy to discuss these with you.
Brochure – means the brochure sent to you describing the training services we provide or is otherwise obtained by you from our website.
Contract – means the e-mail confirmation together with these terms and conditions.
Delegates – means the numbers of your staff who are to receive the Education Services as set out in the e-mail.
Fees – means the charges for the Education Services.
Educator – means the person or persons delivering the Education Services.
Education Services – means the Education services we agree to provide to you as described in our Brochure or e-mail in the case of bespoke Education services, as further speciﬁed. In the case of any conﬂict between the services described in the Brochure or e-mail, the latter shall prevail.
Us, We or Our – means ENA LTD trading as Allilon Education , a company registered in England and Wales under company number 6597503
and with our registered ofﬁce at:
14 Long Grove Close
You and Your - means the client identiﬁed in the e-mail.
1.HOW THE CONTRACT IS FORMED BETWEEN US
After placing an order with us by completing and sending to us e-mail confirmation, you will receive an e- mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted unless we explicitly state this in the email. All orders are subject to formal acceptance by us, and we will conﬁrm such acceptance to you by sending you an e-mail conﬁrming course details and fees (“Order Conﬁrmation”). The contract between us will only be formed when we send you such Order Conﬁrmation.
By placing an order with us, you conﬁrm that you are not acting as a consumer but in the course of your business and that you have the authority to enter into a contract with us.
2. EDUCATION SERVICES
2.1 In consideration of the payment by you in full of our Fees, we will, subject to the terms and conditions set out below, perform the Education Services on the date(s) speciﬁed in the e-mail.
(subject to conﬁrmation by us in the Order Conﬁrmation). If the date(s) of your choice is unavailable, we will discuss alternative dates with you and conﬁrm these in the Order Conﬁrmation.
Event payment and regulations
In order to make a booking a deposit of 30 % of the total event fee is required. The remaining 70% is due The remaining 70% to be due 30 days before the commencement date.
2.2 Please note courses will not run over the Christmas and New Year holiday period or on any public and bank holidays in the United Kingdom.
2.4 The Education Services will commence at 10am and ﬁnish promptly at 5.00pm (with a one hour lunch break and two [twenty] interim breaks) unless, in the case of bespoke Education Services, alternatives times have been agreed as set out in e-mail’s. In the case of non-bespoke Education Services, course hours can be varied at our discretion provided that the new time is no more than [one hour] earlier or later and we have given to you at least 5 working days notice of such variation.
2.5 Unless otherwise agreed with you in writing, we may substitute the identity of the Educator at any time without notice and at our sole discretion.
2.6 We will use reasonable skill and care in the provision of the Education Services to you.
3.1 If you elect to cancel the Education Services 2 months before the commencement date: the deposit will not be refunded,
3.2 If you elect to cancel the Education Services 1 months before the commencement date: all Fees paid to us in advance shall be non-refundable.
3.3 Notification of any cancellation must be made in writing to:
5 Great Queen St
4. FEES AND EXPENSES
4.1 Our Fee for the Education Services shall be as conﬁrmed in the Order Conﬁrmation.
4.2 All Fees must be paid within 30 days prior to the course commencement date.
4.3 All Fees must be paid by bank transfer and are quoted inclusive of value added tax at the current rate. We must receive all Fees without deduction, and therefore you are solely responsible for any other sales, use, excise, or other taxes or duties, which may arise in connection with the provision of the Education Services. You will reimburse us in the event that, notwithstanding this paragraph 4.3, we become liable for the payment of such taxes.
4.4 Please note, if a Delegate fails to attend any course for any reason, you will not be entitled to any refund of Fees paid in relation to such Delegate or to request that we re-run the Education Services on another date. Delegate attendance is entirely at your risk.
4.5 We shall be entitled to be reimbursed by you for any expenses, which we incur in connection with the provision of the Education Services provided such expenses are demonstrable and reasonably incurred. Without limitation, this shall include our travel expenses to and from your premises, hotel accommodation and the cost of all meals. You agree to reimburse us such expenses on the day of commencement of the Education Services.
4.6 Where Education Services will be provided outside of the United Kingdom, you will be responsible for arranging (at your cost) for each member of our staff attending the Education Course:
- • All ﬂights to and from the United Kingdom to the country venue. Unless otherwise agreed by us in writing, all ﬂights shall depart from Heathrow airport and shall not leave at an unsociable Hour (considered to be after 11pm and 6 am, unless agreed otherwise). Please conﬁrm ﬂight details with us prior to booking. All flights should be booked in advanced by the client and e-tickets should be issued to the Allilon team. Any flight that exceeds a 4-hour flight should be booked as business class. Note: Allilon return flights/travel to London should be scheduled at least four hours after the event. If this is not possible, the return flight should be arranged for the morning after the event.
- • All transport to and from the airport to the country venue.
- • A comfortable hotel room (not below the standard of 3 stars) and which as a minimum shall include the following facilities: Internet connection, shower, breakfast and within reasonable traveling distance from the venue. Each team member should be allocated a single room with en-suite bathroom.
- • It is the client’s responsibility to provide breakfast, lunch and dinner for each working day, or by agreement to provide a daily food allowance of a maximum of £50 for each individual Allilon team member.
5 YOUR OBLIGATIONS
5.1 It is your responsibility to ensure that Delegates act reasonably throughout delivery of the Education Services. We may request the removal (and you will remove) a Delegate from the Education Services, where, the Delegate is behaving unreasonably or does not have an appropriate level of knowledge of hair dressing, including, without limitation, a basic understanding of how to cut hair.
5.2 All the courses will be conducted in English. If Delegates do not speak English, any arrangement for interpreters, if necessary, will be at your own cost. We accept no liability for the acts or omissions of such third parties, which shall act solely at your direction.
5.3 All models, dolls heads and other necessary equipment required for each Delegate must be provided by you at your cost. It is not our responsibility if inadequate numbers of models or dolls heads are provided for the hands on work sessions.
5.4 You must provide us, our employees, agents, consultants and subcontractors, with access to your premises and other facilities as reasonably required by us to perform the Education Services. You must ensure a clean and safe working environment and you shall be solely responsible for complying with all health and safety laws, regulations and codes of practice relevant to your premises.
5.5 We will not be liable to you for any failure to perform the Education Services or other liability arising in the course of providing such services to the extent that this arises as a result of you failing to comply with your obligations as set out in these Terms and Conditions and the Contract or as a result of any other act or omission by you (or anyone acting on your behalf, including Delegates) which impacts our ability to
Provide the Education Services.
5.6 The name Allilon education may not be used in any form of advertising or media whatsoever, including advertorials without our prior written consent. Also, you may not advertise or otherwise publicize the services we perform for you without such consent.
6.1 Subject to paragraphs 6.1 and 6.3 below, our liability to you arising out of or in connection with the performance or non-performance of our services to you, whether arising in contract, tort (including negligence), statute or otherwise, is limited to a refund of Fees paid in connection with such services.
6.2 Notwithstanding paragraph 6.1 above and to the extent permitted by law, we shall not be liable to you for:
- • Any loss of proﬁt, savings, revenue, opportunity or reputation (whether considered direct or
Consequential as a matter of law) or
- • any claim made against you by a third party; or
- • losses that may result from our deliberate personal repudiatory breach of this Contract or
- • waste of ofﬁce or management time; or
- • any indirect, consequential, incidental or punitive losses
regardless of the form of action, whether arising in contract, tort (including negligence) statute or otherwise even if we knew or should have known of the possibility of such losses.
6.3 Nothing in these terms or conditions or the Contract shall be deemed to exclude or limit our liability for
(i) death or personal injury caused by our negligence
(ii) fraudulent misrepresentation or
(iii) any other liability, which cannot be excluded or limited as a matter of law.
6.4 You shall indemnify us in full and on demand against any liability, loss, damage or other cost and/ or expense we may suffer or incur arising from or in connection with any claim or allegation made against us by a third party.
6.5 Each provision of this paragraph 6 shall be construed independently and survive the termination and/or expiry of the Contract.
6.6 Except as set out in these terms and conditions or the Contract, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
We reserve the right to terminate our Education Services and the Contract at any time giving notice reasonably in advance. In the event of such cancellation, we will refund to you any Fees paid in advance.
We may also terminate our Education Services and the Contract if
(i) you are in material breach of any terms of the Contract and the breach is not remedied by you within the period of ten (10) days after we have given you written notice of it or the breach is not capable of remedy; or
(ii) with immediate effect by giving written notice to you if you fail to pay any amount due under the Contract on the due date for payment; or
(iii) with immediate effect if you become or are declared insolvent or bankrupt, are the subject of any proceeding relating to your liquidation, winding-up, insolvency or the appointment of a receiver, administrator or similar ofﬁcer, make an assignment for the beneﬁt of all or substantially all of your
creditors or enter into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations, or in each case, the equivalent in another jurisdiction.
8. CONFIDENTIALITY AND DATA PROTECTION
8.1 Both Parties shall treat as and keep conﬁdential all information whether of a technical, commercial or any other nature relating to us and shall not, during the period of the Contract, or at any time after its termination, divulge any such information to any person not authorised by us to receive it and shall not utilize any secret or conﬁdential knowledge or information acquired in connection with the Contract for your own beneﬁt or otherwise to our detriment or prejudice or use the same for any purposes save for the purposes of the Contract.
8.2 Both Parties must ensure that you have in place all necessary consents to enable us to process any personal data made available to us (as deﬁned by the Data Protection Act 1998 or equivalent legislation) in connection with administrating the Contract and performing the Education Services. This may include processing and storing such data outside of the EEA and making it available to our staff and suppliers.
Such staff and suppliers maybe engaged in, among other things, the provision of the Education Services,
the processing of your payment details and the provision of support services. By submitting any personal data to us, you agree to this transfer, storing or processing. We will take reasonable steps to ensure that such data is treated securely and used only for the aforementioned purposes.
8.3 All intellectual property rights, including copyright, patents and design arising in connection with the Contract and performance of the Education Services will belong to and remain in us and you agree to execute any documents necessary to achieve this purpose. If we make training materials available to you, you shall have a limited non-exclusive license (together with a right of sub-licence to each Delegate) to use such materials strictly for your internal business purposes and you agree not to (or procure that the Delegates do not) modify or otherwise copy such materials.
9.1 We will not actively solicit any Delegate employed or sponsored by you whilst that Delegate is attending any course with us.
9.2 Neither party may not assign the Contract without our the other Party’s consent in writing.
9.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
9.4 term of this Contract shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
9.5 The Contract constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between us relating to the subject matter of the Contract. Each of the parties acknowledge and agree that in entering into the Contract it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Contract or not) other than as expressly set out in the
Contract. The only remedy available to you for breach of the Contract shall be for breach of contract under the terms of the Contract.
9.6 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
9.7 preferably within 24 hours of the Education Services completing so that we may promptly investigate such complaint.
9.8 The Contract between us (including all non-contractual matters) is governed by English law. In the event of a dispute, we shall both attempt to resolve such dispute through mediation but if this is unsuccessful either of us may refer the dispute to the exclusive jurisdiction of the English courts. Nothing intellectual property by the other party.
9.9 When using our website or otherwise in the course of correspondence between us, you accept that communication with us will be mainly electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.