1. Definitions

The following expressions shall have these meanings: Walkerstone” means Walkerstone Limited of Sheaves House, Birch Close, Boundstone, Farnham, Surrey GU10 4TJ.

 

• “Client” means the person, company or other legal entity identified as providing a request to Walkerstone to supply Services.

 

• “Services” means training, consultancy or writing services to be provided by Walkerstone to the Client under the terms of the contract and “Services” shall be construed accordingly.

 

• “Client Materials” means all works and materials supplied by or on behalf of the Client to Walkerstone for incorporation into the Deliverables or for some other use in connection with the Services.

 

• “Deliverables” means those deliverables specified in writing to the Client that Walkerstone has agreed to deliver to the Client.

 

• “Confirmation Date” means the date when the following applies:
– A request to supply Services has been received from the Client by Walkerstone
– Walkerstone has confirmed to the Client that the training, consultancy or writing services requested are available.
– Payment has been received or payment agreed.

 

• “Contract” means the contract between Walkerstone and the Client under which the Services are to be supplied by Walkerstone to the Client.

 

• “Working Day” means every day of the week apart from Saturday, Sunday and statutory holidays. “Month” means a calendar month. “Week” means seven consecutive days.

 

• “Intellectual Property” includes all training materials, course manuals, documentation and software which is designed, developed and owned by Walkerstone, copyright works, and confidential information.

2. General

2.1. These terms and conditions should be read and accepted by you prior to your purchase. You accept that by purchasing any of our Services, you agree to be bound by these terms and conditions.

 

2.2. By placing an order for Services from Walkerstone you warrant that you are legally capable of entering into binding contracts on behalf of the Client, and acknowledge that where a purchase order is issued for the ordering of such services, these Terms and Conditions will prevail over any terms and conditions contained within any such purchase order.

 

2.3. Where a Client has a specific Agreement or Contract in place for services provided by Walkerstone, the Client acknowledges that for any instances where there is a conflict of terms and conditions, these Terms and Conditions will apply for any services unless otherwise stated in writing by Walkerstone.

 

2.4. Walkerstone reserves the right to modify these Terms and Conditions without prior notice. When changes are made, Walkerstone will notify the changes on the company’s website www.walkerstone.com.

 

2.5. If the Client does not accept any changes, the Client shall promptly notify Walkerstone of such non-acceptance and in such case, the old T&Cs shall govern for the remaining term of Agreement and the new T&Cs shall apply to any new Agreement.

 

2.6. Walkerstone shall provide the Services requested, and as described in any Walkerstone written proposal, exercising reasonable skill and care at all times.

 

2.7. The Agreement shall be governed by English Law. Any dispute under this Agreement shall be submitted to the exclusive jurisdiction of English courts.

 

2.8. Nothing in this Agreement shall give rise to a partnership, joint venture, agency or any such other relationship between the parties. Neither party shall claim to be a legal representative, partner, agent, franchisee or employee of the other party.

 

2.9. Walkerstone may assign or sub-contract its obligations or rights under this Agreement to a competent third party in whole or in part. The Client may not assign this Agreement in whole or in part except with Walkerstone’s express written consent.

 

2.10. By providing personal data relating to your employees or agents to us, you confirm that you are entitled to disclose that data to us under the terms of the Data Protection Regulation (Regulation (EU) 2016/679) and related legislation and that we are entitled to process such data for the purposes of providing your contracted Services.

3. Client Obligations

3.1. Where Walkerstone is required to perform services on Client premises, the Client agrees to provide a full and safe working environment for Walkerstone’s staff.

 

3.2. The Client agrees to provide all information necessary to Walkerstone to enable Walkerstone to undertake its work for the client.

 

3.3. The Client agrees to respond within a reasonable timescale to any questions from Walkerstone, to enable Walkerstone to undertake its work on behalf of the client.

4. Fees & Expenses

4.1. Any prices quoted to the Client for the provision of public courses will be based on prices stated on the www.walkerstone.com Such price lists are subject to change and amendment at any time.

 

4.2. Prices quoted for the provision of services in the form of in-house training or Consultancy are provided on a bespoke basis, dependent on the Client’s requirements on a job by job basis, and are only valid for 30 days from the date of any written quote.

 

4.3. All fees are quoted exclusive of VAT, which will be charged at the prevailing rate.

 

4.4. All fees quoted are for the provision of services only and exclude any travel or subsistence or other expenses which, other than mileage, will be payable by the Client in accordance with Walkerstone’s internal expenses policy. Such Travel and subsistence will be recharged to the Client at cost.

Mileage will be recharged to the Client at 45 pence per mile.

 

4.5. All fees are subject to annual or other such periodic review and amendment in order to take into account the changing nature and variation of wages, materials and other costs in providing the services to the Client. Walkerstone reserves the right to adjust fees at any time to take account of such increases in cost.

 

4.6 Payment for training courses is required 30 days from the invoice date or before the course date, whichever is sooner. Alternative payment arrangements may be agreed in writing.

 

4.7 For the provision of writing services to clients with whom Walkerstone has had no previous relationship, Walkerstone requires payment of 50% of the initial invoice value in advance.

 

4.8 Walkerstone is entitled to charge interest at 5% per Month or part thereof on overdue payments.

 

4.9 All prices are exclusive of Value Added Tax and this will be charged at the prevailing rate.

 

5. Training Courses

5.1 The contents of course schedules are intended for general guidance and do not form any part of a contract. Walkerstone reserves the right to make reasonable variations to public and in-house courses, including the content and location of the courses, without notice.

 

5.2 The indication of course availability and location shown on the Walkerstone website is for general guidance and does not form any part of a contract.

 

5.3 It is the responsibility of the Client to ensure that the delegates meet the prerequisites of the course on which they are booked, and that the course content meets their requirements.

 

5.4 Walkerstone will deliver its Services with reasonable skill and care. Any other conditions or warranties whether express or implied as to the quality of the Services are hereby expressly excluded.

6. Cancellation, Transfers and Substitutions

6.1 Walkerstone reserves the right to cancel or arrange alternative dates for courses. In such circumstances Walkerstone will endeavour to provide reasonable notice of cancellation or change to the Client.

 

6.2 In the event of cancellation, the Client will be entitled to a full refund of the course fee but Walkerstone shall not be liable for any other loss or expense arising.

 

6.3 The Client may cancel the course booking by notifying Walkerstone. The Client shall also be deemed to have cancelled the course booking if the delegate does not attend the course. In In such circumstances, the Client shall be liable to pay a cancellation fee as follows:

Public Courses:

Number of Days’ Notice	Proportion of course fee payable
0 – 5 Working Days	100%
6 – 10 Working Days	50%
11+ Working Days	No charge

 

In-house Courses:

Number of Days’ Notice	Proportion of course fee payable
0 – 10 Working Days	100%
11+ Workings Days	No charge

6.4 In the event that the delegate is unable to attend the course booked Walkerstone will endeavour to transfer the delegate to an alternative course. If this is requested less than 5 working days before the course, then a transfer administration fee of £50 (plus VAT) will be charged.

 

6.5 Walkerstone will endeavour to accommodate requests by the Client to substitute one delegate for another but is under no obligation to do so.

 

7. Writing services

Standards of service

7.1 Walkerstone shall provide the Services to the Client in accordance with these Terms and Conditions.

 

7.2 Walkerstone shall keep the Client informed about the progress of the Services and, in particular, shall promptly provide information about such progress following receipt of a written request from the Client to do so.

 

7.3 Walkerstone shall comply with all reasonable requests and directions of the Client in relation to the Services.

8. Writing Deliverables

8.1 Walkerstone shall deliver the Deliverables stated in writing to the Client.

 

8.2 Walkerstone shall use its best endeavors to ensure that the Deliverables are delivered to the Client in accordance with the timetable agreed with the Client.

9. Liability

9.1 Walkerstone’s total liability for any loss or damage shall not exceed the price payable for the Services, except in cases of direct physical damage to the Client’s property, personal injury or death.

 

9.2 Walkerstone shall not be liable howsoever caused for indirect or consequential loss including but not limited to: loss of profits; loss of revenue; loss of goodwill; loss of data; failure to achieve savings.

10. Force Majeure

10.1 Walkerstone shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or other cause beyond its reasonable control.

 

10.2 If Walkerstone is unable to perform its duties and obligations under this Contract as a direct result of one or more such causes Walkerstone shall give written notice to the Client of such inability stating the cause in question.

11. Data Protection and Confidentiality

11.1 Walkerstone’s data protection policy is detailed in its website privacy notice.

 

11.2 Intellectual Property which is identified as, or can reasonably be deemed to be, confidential shall not be copied or reproduced or disclosed to any third party without the prior written consent of Walkerstone.

 

11.3 The Client shall ensure that its employees and all those under the Client’s control and supervision comply with this obligation.

 

11.4 Where Services are provided to the specification or special requirements of the Client, the Client shall indemnify Walkerstone against all costs, claims and damages incurred or arising out of any alleged infringements of Intellectual Property.