These Conditions apply to the sale of a Course. Please read these Conditions carefully before accepting a place on a Course and print off or retain a copy for your records. You accept that by purchasing a Course, you agree to be bound by these terms and conditions (Conditions). By ordering a Course from Frontier Risks or related services you warrant that you are legally capable of entering into binding contracts.
1. INTERPRETATION
1.1 The following definitions and rules of interpretation apply to these Conditions:
Agreement: means these Conditions together with the Offer, the Form and any other incorporated documents.
Brochure: means any online or hard copy document that is produced by Frontier Risks to provide detailed information with respect to the Course covered by these Conditions.
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Client: such individual, corporate or unincorporated body that purchases a Course(s) from Frontier Risks in accordance with the Agreement.
Course: means the course to be delivered by Frontier Risks as set out in in the Offer and/or a Brochure (including in addition, necessary facilities, Training Materials and support).
Course Fee: the charges payable by the Client for the supply of the Course as indicated in the Offer.
Delegate: the person attending a course, whether this person is also the Client or is a person nominated by the Client.
Deposit: means the sum payable (where applicable) by the Client as detailed in the Offer, in order to secure a place on the Course for a Delegate pursuant to clause 2.1.
Form: any administrative forms required by Frontier Risks to enable the Delegate to be enrolled onto the Course.
Intellectual Property Rights: all patents, rights to inventions, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or getup, rights in goodwill or to sue for passing off, unfair competition rights, moral rights, rights in confidential information (including know-how and trade secrets).
Invoice: the invoice sent to the Client by Frontier Risks upon receiving acceptance of an Offer which requires the Client to pay the balance of the Course Fees (where relevant) as detailed therein.
Offer: means an offer from Frontier Risks to the Client as detailed on Frontier Risks Website or otherwise in a written proposal from Frontier Risks relating to a place for the Delegate or Delegates to study on a Course.
Frontier Risks: means Frontier Risks.
Frontier Risks Documentation: means any Training Materials provided during the Course. Training Materials: any materials (electronic or otherwise) provided to a Delegate pursuant to Frontier Risk’s provision of a Course.
Trade Marks: means all names, marks and logos from time to time owned by or registered in Frontier Risk’s name.
Website: means frontierrisks.com; frontierdistancelearning.com and all related subdomains.
1.2 Clause, schedule and paragraph headings shall not affect the interpretation of these Conditions.
1.3 A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.
1.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.6 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.7 A reference to a statute or statutory provision is a reference to it as it is in force as at the date of the Agreement and a reference to a statute or statutory provision shall include all subordinate legislation made as at the date of the Agreement under that statute or statutory provisions.
1.8 A reference to writing or written includes faxes and e-mails.
2. BASIS OF AGREEMENT
2.1 In order to confirm acceptance of the Offer the Client must: (a) (i) for website purchases, click on the 'Accept' button on the Frontier Risks Website in relation to the incorporation of these Conditions; or
(ii) for all other purchases, indicate acceptance either orally or in writing to Frontier Risks; and (b) pay in clear funds to Frontier Risks the full Course Fee or if permitted in the Offer and clause 6.3 the Deposit.
2.2 By completing the booking process referred to at clause 2.1 the Client acknowledges acceptance of the Conditions.
2.3 The Client will promptly following acceptance pursuant to clause 2.1 fully complete and return (or procure the same from a Delegate) the Form(s) provided by Frontier Risks to the Client in respect of a Delegate(s).
2.4 Notwithstanding Clause 2.2, the Delegate’s place on the Course is subject to the Client satisfying the conditions set out in Clause 6.
2.5 Frontier Risks reserves the right to withdraw at any time Courses advertised for sale on the Website and/or in a Brochure. 2.6 The Agreement shall constitute the entire agreement between the parties to the exclusion of any previous understanding, pre-contractual statement or custom.
2.6 By entering into this Agreement the Client warrants that it has informed Frontier Risks in relation to any disability (as defined by the Disability Discrimination Act 1995) which will reasonably affect its or a Delegate’s ability to study on a Course.
3. DEPOSIT PAYMENT TERMS
3.1 Where Frontier Risks permits the payment of a Deposit with the balance of the Course Fees to follow at a later date, the Deposit is non-refundable in all circumstances.
3.2 The Deposit will be offset against the Course Fee payable in respect of the Course applied for, provided the Delegate takes up its place on the Course.
4. SUPPLY OF THE TRAINING SERVICES
4.1 Frontier Risks will use its reasonable endeavours to deliver the Course in accordance with the description applied to it in the Brochure at the time of Booking. Frontier Risks shall be entitled to make any variations to the Course (including but not limited to the content and syllabus of the Course or the method of delivery of the Course).
4.2 Frontier Risks expects the Client to take reasonable care to verify that the Course will meet its or a Delegate’s needs and any specific requirements that may be held by it.
4.3 All representations, warranties and/or terms and/or commitments not expressly set out in these Conditions (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible at law.
5. DELEGATES
5.1 By accepting the Offer the Client confirms that and agrees that it will procure that any Delegate shall: (a) conduct themselves in a courteous and appropriate manner and act reasonably throughout the duration of the Course; (b) comply with all applicable codes, rules and regulations (as amended) of Frontier Risks in existence during the Course and these include but are not limited to: (i) Frontier Risk’s Quality and Assurance Policies and Procedures Manual (which are available on request); (ii) Course joining instructions provided to the Delegate prior to the Course commencement; and
(ii) all codes, rules and regulations of any other relevant organisation or institution, if required as part of the Course. 5.2 Frontier Risks may exclude a Delegate from attending or continuing with a Course, where, in Frontier Risk’s reasonable opinion the Delegate is in breach of clause 5.1. No refund will be payable where a Delegate is removed from a Course pursuant to this clause 5.1.
5.2 The Client shall (or procure that a relevant Delegate shall) provide accurate information as requested by Frontier Risks to facilitate (where relevant) the issue of certificates by a relevant awarding body, following successful completion of a Course by a Delegate.
5.3 Where a Client fails to meet its obligations under clause 5.3, Frontier Risks shall not be responsible for any errors or inaccuracies contained in a certificate issued by a relevant awarding body or the cost of any replacement certificates.
5.4 The Client shall inform Frontier Risks in writing of any inaccuracies contained in a certificate within three months of receipt of the same by it or a Delegate. Further, the Client shall be responsible for all awarding body costs relating to the reissue of certificates (including a £15 administration fee payable to Frontier Risks in relation to each re-issued certificate) where the Client is in breach of clause 5.3 and / or where notice has not been given to Frontier Risks in accordance with this clause 5.5.
5.5 Notwithstanding clause 5.5, where the Client has satisfied its obligations under clause 5.3 and the notice requirement in clause 5.5 no administration charge shall be payable by the Client to Frontier Risks.
6. CHARGES AND PAYMENT
6.1 The Course Fees are as set out in the Offer.
6.2 By accepting the Offer and fulfilling the obligations set out in Clause 2.1, the Client agrees to pay the Course Fee (to the extent not already paid) in advance of the Course start date.
6.3 The Course Fees are payable immediately upon booking, unless: (a) the Offer provides the opportunity to pay a Deposit with the remaining Course fees payable in an instalment(s) prior to the commencement of the Course; or (b) Frontier Risks in its absolute discretion may allow a booking on the basis of a Deposit.
6.4 Where a Client has made a booking and further payment(s) is being made under clauses 6.3(a) or 6.3(b) Frontier Risks shall provide the Client with an Invoice detailing the balance of the Course Fees due. Any Client making further payments under clauses 6.3(a) or 6.3(b) shall inform Frontier Risks immediately if no Invoice has been received within 10 Business Days of making a Booking.
6.5 Where a Deposit has been paid by the Client the provision of the Course to the Delegate is contingent upon Frontier Risks having received cleared funds from the Client in respect of the remaining outstanding Course Fees. Without prejudice to Frontier Risk’s rights and remedies under these Conditions, if any sum payable in respect of the Course Fee is not paid in cleared funds prior to the Course start date (or such other time as Frontier Risks may in its sole discretion decide), Frontier Risks reserves the right, forthwith and at Frontier Risk’s sole discretion to suspend the provision to the Delegate and/or refuse the Delegate entry to the Course. For payments by cheque, cleared funds means five (5) Business Days after receipt of the cheque by Frontier Risks.
6.6 In the event a cheque is returned or a credit or debit card transaction declined by the Client’s bank, funds will not be deemed to have cleared. Frontier Risks shall not be liable for any bank charges that may apply. An administration fee of £50 will be charged to the Client for any cheques that are not met when presented for payment by Frontier Risks.
6.7 Where the Client fails to comply with clause 6.3 above, Frontier Risks reserves the right, at its absolute discretion, to treat such a failure as a cancellation of the Agreement and a forfeiture of the Deposit.
6.8 The Course Fee excludes, unless otherwise stated, amounts payable for:
(a) relevant professional body memberships; (b) costs towards replacement or duplicate certificates; and (c) costs towards re-sits or repeat examination entries where a Delegate fails examination(s) in respect of a Course, all of which (where relevant) are payable by the Client separately and Frontier Risks accepts no responsibility for such costs.
6.9 Frontier Risks reserves the right to set a 12 month time frame from day one of the course, to complete assignments and subsequent uploading of relevant documentation to the online distance learning platform to complete the qualification.
6.10 Frontier Risks reserves the right to charge a re-registration fee of £300 should the student wish to submit assignments past the 12 month cut off period set out in clause 6.9 .
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Frontier Risks owns (or has licence to) all right, title, and interest in and to the Training Materials and the Course, reports, scripts, sketches, diagrams, text, know-how, concepts, proofs of concepts, artwork, software, algorithms, methods, processes or other technology provided pursuant to the Course, including modifications, enhancements, improvements or derivative works of any of the foregoing, regardless of whom first conceives or reduces to practice, and all Intellectual Property Rights in any of the foregoing.
7.2 Frontier Risks shall grant to the Client a non-transferable, non-exclusive licence to use the Training Materials strictly for the purpose of enabling a Delegate to participate in a Course and to use the same only for such Delegate’s educational purposes.
7.3 The Client shall ensure that the Training Materials are only made available to and accessed by the Delegate in accordance with clause 7.2 and shall not and shall ensure that the Delegate shall not make available, copy, reproduce, disseminate, retransmit, sub-license, distribute, sell, publish, broadcast or otherwise supply in any medium and in any manner any Training Materials (or any part of them) to any other person.
8. DATA PROTECTION
8.1 The Client consents and confirms that it has procured the consent of any Delegate to Frontier Risks holding and processing data relating to it for legal, personnel, administrative and management purposes and in particular to the processing of any "sensitive personal data" (as defined in the Data Protection Act 1998) relating to the Client’s physical or mental health or condition in order to determine suitability for undergoing a Course.
8.2 Frontier Risks will process the information it receives from the Client and or Delegate or otherwise holds in accordance with these Conditions and its privacy policy. The Client consents and confirms it has procured the consent of the Delegate to the use by Frontier Risks such information in accordance with these Conditions and Frontier Risks privacy policy.
8.3 Frontier Risks will use such information including but not limited to: (a) performing its obligations and enforcing its rights under these Conditions; (b) contact the Client and or Delegate by email, telephone or post to inform either about other products or services which may be of interest; (c) inform the Client of feedback, exam results and attendance in respect of a Delegate; and (d) sharing such information with its agents and service providers for the above purposes.
8.4 The Client consents to Frontier Risks making such information, excluding sensitive personal data, available to any of its subsidiaries, holding companies from time to time and any subsidiary of any holding Company (together, the Group) from time to time and to Frontier Risks professional advisers.
8.5 The Client consents to the transfer of such information to Frontier Risks and any of the Group's business contacts outside the European Economic Area in order to provide a Course.
8.6 For the purposes of this clause 8, ‘Client’ shall also be read as ‘Delegate’ and it shall be the responsibility of the Client to gain the consent of the Delegate to the provisions of this clause 8 or otherwise inform Frontier Risks in writing that such consent is not forthcoming before the commencement of the Course.
9. LIMITATION OF LIABILITY: THE CLIENT'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
9.1 The exclusions and limitations of liability contained in these Conditions do not apply to a party's liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
9.2 Subject to clause 9.1, Frontier Risks will not be liable to the Client (including a Delegate) in contract, tort (including negligence or breach of statutory duty) or otherwise for any of the following losses or damages, whether direct, indirect or consequential arising out of, or in connection with, the Agreement and even if such losses and/or damages were foreseen, foreseeable or known, or Frontier Risks was advised of the possibility of them in advance: (a) economic loss; (b) loss or corruption of data; (c) loss of income or revenue; (d) loss of business or opportunity; (e) loss of anticipated savings; (f) losses suffered by third parties, regardless of whether such loss is direct, indirect, special or consequential; and (g) loss of goodwill.
9.3 Subject to clauses 9.1 and 9.2, Frontier Risk's entire liability to the Client under the Agreement, whether in contract, tort (including negligence) or breach of statutory duty, or otherwise, arising out of or in connection the Agreement shall not exceed the Course Fees paid.
9.4 Each provision in this Clause 9 shall be construed separately as between the Client and Frontier Risks. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective
9.5 This clause 9 shall survive termination of the Agreement.
9.6 The Client shall indemnify, keep indemnified and hold harmless Frontier Risks against all claims, demands, actions, proceedings, losses, fines, penalties, awards, liabilities, damages and expenses (including reasonable legal fees) incurred by Frontier Risks, arising as a result of the Delegate’s attendance on the Course and from the Client’s breach of these Conditions.
10. DISCLAIMERS
10.1 Courses are for training purposes only. Frontier Risks will not accept any responsibility to any party for the use of the tuition provided for any purpose other than training for educational purposes, including but not limited to the giving of advice, instruction and guidance by a Delegate to any third party.
11. TERMINATIONS
11.1 Without limiting its other rights or remedies, each party may terminate the Agreement with immediate effect by giving written notice to the other party if: (a) the other party commits a material breach of the Agreement and (if such a breach is remediable) fails to remedy that breach within seven (7) days of that party being notified in writing of the breach; (b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due; and (c) the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business.
11.2 Without limiting its other rights or remedies and notwithstanding clause 11.1(a), Frontier Risks may terminate the Agreement with immediate effect by giving written notice to the Client if the Client fails to pay any amount due under this Agreement on the due date for payment and where there is such a failure all Charges and any other sums incurred under this Agreement shall become immediately due and payable.
11.3 Without limiting its other rights or remedies, each party shall have the right to terminate the Agreement by giving the other party 30 days’ written notice.
11.4 Without limiting its other rights or remedies, Frontier Risks shall have the right to suspend provision of a Course under the Agreement or any other agreement between the Client and Frontier Risks if the Client fails to pay any amount due under this Agreement on the due date for payment.
CONSEQUENCES OF TERMINATION
11.5 On termination of the Agreement: (a) the Client shall (or procure the Delegate shall) return all Frontier Risks Material and any other Training Materials issued which have not been fully paid for;
Training – Terms and Conditions
(b) The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and (c) clauses which expressly or by implication have effect after termination shall continue in full force and effect.
12. GENERAL
12.1 Frontier Risks reserves the right to charge late payment interest on any sums that are due and payable by or on behalf of the Client, at a rate of 5% a year above the base lending rate of Barclays Bank plc from time to time. The interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Client shall pay Frontier Risks interest together with the overdue amount.
12.2 Frontier Risks reserves the right to recover any reasonable debt collection costs in connection with these Conditions.
12.3 Assignment and subcontracting: Frontier Risks may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party or agent. The Client may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under this Agreement without the consent of Frontier Risks.
12.4 Notices: (a) Any notice or other communication required to be given to a party under or in connection with this Agreement shall be in writing and shall be delivered to the other party personally or sent by email, prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business or residential address, or sent by fax to the other party's main fax number.
(b) In calculating the applicable number of Business Days for any notice given under any provision of clause 5 above, such days shall commence with the next Business day after the day upon which notice was delivered or sent in accordance with clause 12.4(a) above and run until the Business Day before the day upon which the Course was due to have started, inclusive.
12.5 Force majeure: (a) For the purposes of this Agreement, Force Majeure Event means an event beyond the reasonable control of Frontier Risks including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Frontier Risks or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
(b) Frontier Risks shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Agreement as a result of a Force Majeure Event.
(c) If the Force Majeure Event prevents Frontier Risks from providing a Course for more than twelve (12) weeks, Frontier Risks shall without limiting its other rights or remedies, have the right to terminate this Agreement immediately by giving written notice to the Client.
12.6 No partnership: Nothing in the Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
12.7 Third parties: A person who is not a party to the Agreement shall not have any rights under or in connection with it.
12.8 Variation: Except as set out in these Conditions any variation including the introduction of any additional terms and conditions to the Agreement shall only be binding when agreed in writing and signed by Frontier Risks and the Client.
12.9 Waiver:
(a) A waiver of any right under the Agreement is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(d) Unless specifically provided otherwise, rights arising under the Agreement are cumulative and do not exclude rights provided by law.
12.10 Severance: (a) If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Conditions shall not be affected. (b) If any invalid, unenforceable or illegal provision of the Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable. (c) If the Consumer Protection (Distant Selling) Regulations 2000 apply, the Client shall have the right to cancel the Agreement without any liability within 14 days of date of Agreement provided that Courses have not commenced and are not due to commence in this period. Cancellation and/or transfer fees plus VAT below shall apply to cancellation or rescheduling of any course by you unless the exceptions stated above apply. (d) All content sent to by Frontier Risks to the Client by email, post or hosted on websites or in any way relating to the Courses belongs to Frontier Risks or its licensors (which may be subject to separate terms). Any retrieval and/or display of content on the electronic device on which you first accessed it or downloaded it, or printed a single copy of individual pages on paper and/or stored such pages for caching purposes only, is solely for the Client’s personal and non-commercial use. Frontier Risks and its licensors, own the copyright and all other intellectual property rights associated with the content of Courses and the Website, save where otherwise stated. (e) The Client acknowledges that Frontier Risks or its partners own the Trade Marks and that Client may not use any of them or any similar names, marks or logos without our prior written permission. Other products and company names and logos mentioned or displayed in our materials may be the trademarks, service marks or trading names of third parties.
12.11 Governing law and jurisdiction: This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales