Confident Communicator Client Registration Form
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Finding your Voice (Pty) Ltd t/a Confident Communicator® Standard Terms and Conditions
Please review and accept our Terms and Conditions below.
Finding Your Voice (Pty) Ltd. t/a Confident Communicator® (herein referred to as ‘FYV’)
Company name (herein referred to as ‘the client’):
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1.Payment terms
1.1. A 50% deposit payment (or payment in full as the case may be) is due within 10 business days of selecting dates to secure such dates. Should this deposit (or full payment as the case may be) not be paid within these 10 business days, the dates may be released. 1.2. The deposit payment secures the client’s booking (dates and times). Refer to Clause 2.2 below. 1.3. The balance payment is due no later than 10 business days prior to commencement of training, unless otherwise agreed in writing. 1.4. The standard investment amounts do not include any charges related to Forex. All Forex charges shall be for the account of the client.
2. Availability
2.1. All booking of training sessions is subject to availability. 2.2. All bookings are provisional until the deposit payment (or full payment as the case may be) has beenreceived by FYV. Should FYV not receive proof of payment in time (in accordance with Clause 1), all provisional bookings will fall away, and appointments will only be rescheduled after payment (deposit or payment in full as the case may be) has been made. However, please be aware that, as appointments can be booked up quickly, we cannot guarantee the availability of the preferred appointment times once provisional bookings have been removed.
3. Notice for rescheduling
3.1. A minimum notice period is required to reschedule training (see Clause 3.6 below).3.2. Notice for rescheduling sessions is to be given by email to training@confidentcommunicator.co.za and tothe facilitator, using the facilitator contact details provided. 3.3. Any session rescheduled without the required notice given to the respective facilitator shall be forfeited by the client. 3.4. Replacement sessions for forfeited sessions shall be charged for pro rata. 3.5. Replacement sessions will be subject to availability.
3.6. Required notice periods: 3.6.1. Individual training: a minimum of 24 hours calculated on working day hours only – i.e. should a session fall on a Monday, notice of rescheduling must be given the Friday before). 3.6.2. Group training: a minimum of 5 business days. 3.6.3. Training requiring national or international travel: a minimum of 10 business days.
4. Additional postponement / rescheduling considerations
4.1 Rescheduling of sessions where sufficient notice is provided by the client are: 4.1.1. Limited to a maximum of 3 reschedules during the course of the validity period (see Clause 7.2) and any postponements over and above the maximum limit, will result in the 4th rescheduled session being forfeited. 4.1.2. To be rescheduled to fall within the validity period. Should no alternative date be booked, or should the alternative date fall outside of the 3-month validity period, cancellation fees shall apply (see Clause 5 below). 4.2. Where national or international travel arrangements have been made, should training be postponed: 4.2.1. Alternative training dates are to be provided at the time of postponement. Bookings for the alternative dates are however subject to availability. 4.2.2. Should alternative training dates not be provided at the time of postponement (for whatever reason), cancellation terms shall apply (see Clause 5 below) and the cost of the relevant facilitator flights, accommodation, and or any other travel expenses incurred will be due by the client in addition to forfeiting the deposit. For a new session to be scheduled, additional flight costs and, where applicable, accommodation costs will apply and be due to secure the booking, within 10 business days of presentation of invoice and no later than 10 business days prior to the commencement of training. 4.2.3. Should the client provide alternative training dates, new flight and accommodation charges will be for the clients account and any costs incurred in making such changes to accommodate the postponement will also be for the client's account and due immediately upon postponement being effected. 4.3. In the highly unlikely event that: 4.3.1. any postponement is initiated by FYV, FYV will schedule a replacement session at a mutually convenient time. 4.3.2. a facilitator becomes unavailable (e.g. due to illness) where dates have been pre-determined by the client (e.g. the training forms part of an annual conference), FYV reserves the right to provide an alternative facilitator to fulfil the training requirements, wherever possible.
5. Cancellations
5.1. Should the client cancel the session more than 30 calendar days prior to the commencement of training, theclient’s deposit (50% of the total amount) shall be refunded to the client by FYV. Initial: 5.2. Should training be cancelled within 10 business days prior to the commencement of training, the full amount shall be due. 5.3. Should any disbursement costs have been incurred as a result of the cancellation, including, but not limited to, national or international travel costs or catering costs, such disbursement costs shall be charged in full to the client. Payment for these shall be due and payable upon receipt of invoice. 5.4. Should a session be postponed to fall outside of the training validity period or should the client postpone training 4 times or more, the relevant session(s) shall be forfeited and any replacement sessions shall be charged for in full. 4.Group Training: absenteeism 4.1. As group training sessions are pre-scheduled, should a participant miss any of the sessions for anyreason, such session(s) will be forfeited by that participant. Should replacement sessions be requested for group sessions missed by any individuals within the group, such replacement sessions will be charged for. 5.Changes to the number of participants in group training 5.1. Should the number of participants in the group be reduced by notice given less than 30 calendar daysprior to the commencement of training, then the cancellation fees provided for in clause 5.1 above shall apply pro rata. Should the number of participants in the group be reduced by notice given less than 10 business days prior to the commencement of training, the full investment amount for that (those) individual(s) shall still be due and payable. A The training places may be allocated to (a) replacement participant(s) however, where no replacement(s) can be found, the training for the individual(s) shall be forfeited. 5.2. Should the number of participants in the group increase at any point prior to the commencement of training, the client shall be invoiced accordingly for the extra participants joining the group.
6. Expiry of training sessions
6.1. Please note that any training sessions not completed within the relevant validity time period referred to inClause 6.2 below, will expire and be forfeited or the cancellation fee will be due and payable as the case may be. 6.2. Validity time periods (from the 1st scheduled training date): Individual (6 sessions): 3 months Individual (8 sessions): 4 months Individual (12 sessions): 6 months Group (2 or 3 x full days / 3 or 4 x 3-hour sessions): 3 months
7. Travel
7.1. Should a facilitator be required to travel to the client’s premises for in-person group training, specificconditions and a travel fees shall be applied: 7.1.1. Facilitator travel within Gauteng or Cape Town and Surrounds (group training only): should a facilitator be required to travel more than 20km to the client’s premises, petrol at R4,50 per km shall be for the client’s account. 7.1.2. National facilitator travel can be arranged for a group of a minimum of 6 people 7.1.3. For national (and/or international) facilitator travel: all travel, accommodation and refreshment expenses shall be for the account of the client. 7.1.4. International facilitator travel is by special agreement only 7.2. No national or international travel arrangements will be made until payment has been effected (travel and training dates will be subject to the availability of flights once payment has been made to enable booking)
8. Punctuality
8.1. The training sessions will start and end at their scheduled times. Should the client be late for a session,the session will still end at the scheduled ending time and any training missed time shall be forfeited. 8.2. The client is to inform FYV if he/she anticipates being late. If FYV has not heard from the client and the facilitator is unable to reach the client and 30 minutes have passed for an individual session or 1 hour has passed for a group session since the start of the scheduled session, the facilitator shall be entitled to leave the premises or online meeting room and the session shall be deemed cancelled at short notice and forfeited and any replacement sessions shall be charged for in full. 8.3. In the unlikely event that FYV facilitator is more than 15 minutes late for an individual session, FYV shall inform the client and give the client the option of making up the session at a suitable time.
9. Reference to company and logo in FYV marketing material
9.1. It is assumed that by the client training with Finding Your Voice (Pty) Ltd. t/a Confident Communicator,the client gives FYV permission to make reference to the client’s company name and logo in the FYV marketing material (including usage on the FYV website, company profile and/or social media profiles/posts), unless expressly stated otherwise by the client to FYV in writing. 9.2. Should express permission be required from a specific department within the company, the client’s representative undertakes to request such permission (prior to the commencement of training).
10. Copyright and confidentiality in training materials and methods
10.1. The client acknowledges that FYV asserts its rights as the owner of copyright in all training materialsprovided to the client and persons receiving training in terms of this agreement. The client undertakes to ensure that all persons receiving training materials pursuant to training conducted in terms of this agreement shall not without the express consent in writing of FYV reproduce any such training materials. The client further undertakes to ensure that all such training materials provided are used by the client and all persons receiving training in terms of this agreement solely for the purposes of training in terms of this agreement and that such training materials may not be used for any other purposes whatsoever, whether commercial or otherwise. The client accepts that all such training materials shall be regarded as the confidential intellectual property of FYV and agrees to ensure that all persons receiving such training materials in terms of this agreement undertake that, without the express consent in writing of FYV, such training materials may not be made available or disclosed to any third party, particularly where that third party is a competitor or potential competitor of FYV. 10.2. To the extent that copyright may vest in any material provided by the client to FYV, the client hereby licenses FYV to adapt such material and the client warrants that it is authorised to do so and acknowledges that FYV will be the owner of the copyright in such adapted works. Insofar as may be necessary the client hereby assigns to FYV copyright of all such adapted works as may come into being in the future. 10.3. The client indemnifies FYV against any claims and liability for any damages or other repercussions as a result of FYV adapting materials provided to FYV by the client where the copyright does not vest in the client. 10.4. Save as otherwise expressly agreed in writing, the client shall not be permitted to record any training sessions or copy or reproduce in any form any recording of any training sessions and shall ensure that all persons undergoing training and each of the client’s directors, officers, employees, agents, professional advisers, contractors and sub- contractors who might obtain access to any recording of any training session is made aware hereof and undertakes to adhere to these provisions.
11. Severability
In the event any clause, provision or part of these Terms and Conditions is changed or is found to be invalid orunenforceable, only that particular provision or part so found will become inoperative and all remaining parts of these Terms and Conditions shall remain applicable.
Acceptance
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I hereby accept the terms and conditions in this document.
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