Terms and conditions

Website terms of use

Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, please do not use our website.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Intellectual property rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and materials on the website. Subject to the licence below, all our intellectual property rights are reserved. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms of use.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and / or be a criminal offence.

Limitations of liability

The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on this website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill). Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms of use or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contract, business, goodwill, data, income, revenue or anticipated savings.

Variations

We may revise these terms of use from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

Entire agreement

These terms of use constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

This notice will be governed by and construed in accordance with English law and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.

Terms and conditions

Definitions

In this document the following words shall have the following meanings:

“Agreement” means these Terms and Conditions together with the terms of any applicable Service Specification.

“Customer” means the organisation or person who purchases services from the Supplier.

“Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable.

“Service Specification” means a statement of work, proposal, quotation or other similar document describing the services to be provided by the Supplier.

“Supplier” means ChangeQuest Limited.

Service and payment

Before commencement of services the Supplier shall submit to the Customer a Service Specification which shall specify the services to be performed and the fees payable. The Customer shall notify the Supplier immediately if the Customer does not agree with the contents of the Service Specification.

The Customer will pay each invoice which the Supplier shall submit within 28 days of its receipt, or on receipt where the booking is made less than four weeks before the Event. All charges are exclusive of VAT, which will be added at the ruling rate at time of invoice.

Payment shall be made to the Supplier in full prior to commencement of services.

Customer’s obligations

To enable the Supplier to perform its obligations under this Agreement the Customer shall:

  • co-operate with the Supplier
  • provide the Supplier with any information reasonably required by the Supplier.
  • obtain all necessary permissions and consents which may be required before the commencement of the services.
  • comply with such other requirements as may be set out in the Service Specification or otherwise agreed between the parties.

The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer’s failure to comply with this Clause.

Warranty and indemnification

The Supplier warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.

The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement, including any claims brought against the Supplier alleging that any services provided by the Supplier in accordance with the Service Specification infringes a patent, copyright or trade secret or other similar right of a third party.

Cancellation or transfer

Notice of cancellation by the Customer should be received in writing at least 30 calendar days before commencement of the training, in which case the paid course fee will be refunded. If notification is received within 30 and 15 calendar days of training commencement a credit/refund of 50% of the paid course fee will be issued. No credit/refund will be issued if notification of cancellation is received less than 15 calendar days of training commencement.

A Customer can transfer to a later course. There is no charge for this if notice is provided in writing at least 30 calendar days before commencement of the training. If notification is received less than 30 calendar days of training commencement a rebooking fee of 20% of the course cost, is charged.

The Supplier reserves the right to cancel or propose an alternative date for the training for any reason. In such circumstances, the Supplier will reasonably endeavour to provide notice of cancellation or change to the Customer, except in an emergency.

The Customer will be entitled to a full refund of the fees to the extent that the Customer has paid the fees, if the Supplier cancels the training but the Supplier shall not be liable for any other loss or expenses to the Customer arising out of the cancellation.

Limitation of liability

Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the fees paid by the Customer to which the claim relates.

In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable, or the Supplier had been made aware of the possibility of the Customer incurring such a loss.

Nothing in these Terms and Conditions shall exclude or limit the Supplier’s liability for death or personal injury resulting from the Supplier’s negligence or that of its employees, agents or sub-contractors.

Termination

This agreement may be terminated or suspended by mutual consent between the Supplier and the Customer. Any late cancellation charges will apply. Any termination or suspension of the Agreement shall be without prejudice to any rights which may have accrued to either party prior to such termination or suspension.

Either party may terminate this Agreement forthwith by notice in writing to the other if:

  • the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so.
  • the other party commits a material breach of this Agreement which cannot be remedied under any circumstances.
  • the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect.
  • the other party ceases to carry on its business or substantially the whole of its business; or
  • the other party is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

Intellectual property rights

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties.

Severability

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

Waiver

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

Entire agreement

This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.

Governing law and jurisdiction

This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

Data protection / privacy statement

This statement outlines how ChangeQuest Limited processes your personal data as defined in the General Data Protection Regulation May 2018.

How will ChangeQuest Limited use the information that you provide?

Personal data that you supply to us will be used for the following, collectively the ‘Purposes’:

  • the purpose of managing your contract with ChangeQuest Limited;
  • undertaking surveys with you from time to time to gain feedback on performance

ChangeQuest Limited is processing your personal data on the basis of legitimate interest, that it is necessary for progressing the ‘Purposes’ and the performance of any associated contract, and also due to legal obligations.

We will treat all personal data (whether sensitive or not) as private and confidential except where we are permitted or required by law to make a disclosure or where the disclosure is necessary for the Purposes.

Unless ChangeQuest Limited is required by law, you are under no obligation to provide your personal data to ChangeQuest Limited for the ‘Purposes’. Should you choose not to provide your personal data, or you request that ChangeQuest Limited delete your personal data, ChangeQuest Limited will be unable to engage with you.

How long will ChangeQuest Limited keep your data for?

Where you are engaged to provide services to ChangeQuest Limited, we will need to hold your personal data for the length of any assignment and for as long thereafter as may be required to ensure compliance with statutory and other obligations. Typically this is 7 years after the point that your last assignment ends, however in some limited circumstances this may be longer.

This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

A description of your rights

You have a right to request a copy of the information that we hold about you. If you would like a copy of some or all of the personal data we hold about you, please email or write to us at the addresses set out below.

We want to make sure that your personal data is accurate and up to date. You may ask us to correct or remove data that you think is inaccurate.

You have a right to request that we restrict processing, and also to ask us to provide the personal data that we hold in a machine readable format for the purposes of transferring it to another organisation at your request.

You may request the removal of your personal data from ChangeQuest Limited systems at any time by emailing [email protected] with “Remove my Details” in the subject title. We may not always be able to comply with your request immediately – for example, if we need to retain your personal data for a certain period of time for legal reasons, or for the purposes of defending a legal claim.

You also have a right to make a data protection complaint to the Information Commissioner in the UK if you think we are mishandling your personal data.

Who does ChangeQuest Limited share your personal data with?

In order to manage your contract, we may need to pass your information to ChangeQuest Limited nominated suppliers for progressing the Purposes described above. These could include ChangeQuest Limited technology providers, third party screening providers and government bodies, as well as third parties that you provide us, such as your referees.

Your personal data will be processed by ChangeQuest Limited within the European Union and any personal data provided by you will be stored within the European Union. In all circumstances, wherever your personal data is stored and processed, it will be processed in accordance with all applicable laws including the General Data Protection Regulations.

Should you wish to get further information about the safeguards applied to the transfer of your personal data, please contact [email protected].

How will ChangeQuest Limited protect your personal data?

Your data is retained in secure password protected systems and in hard copy format (e.g. Signed Associate Agreements) in a locked office. In some circumstances you may be issued logins or given access to systems in order to provide information securely, or to perform certain actions such as time recording or file share.

You agree to immediately notify ChangeQuest Limited of any unauthorised use of your user id and/or password. Any breach of the above which results in losses to either ChangeQuest Limited or our Clients may result in legal action being taken against the individual concerned.

How to contact ChangeQuest Limited

Please contact us if you have any queries about our privacy policy or the information we hold about you. You can reach us by sending an email to [email protected].

Declaration

You agree that the personal data which you provide to ChangeQuest Limited is in all respects true and accurate and is not misleading or deceptive. You agree to inform ChangeQuest Limited in writing if any of the data you have provided is no longer accurate during the period in which ChangeQuest Limited retains your personal data.

Our contact details

The full name of our company is ChangeQuest Limited and our address is 10a Whitehart Parade, London Road, Blackwater, Camberley, Surry, GU17 9AD. You can contact us by email at the following address [email protected].

Contact Us

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