Terms & Conditions for the provision of EPC Courses
1.1 These terms and conditions apply to any Course booking accepted by the EPC and no other terms and conditions shall apply without the prior written agreement of Serco. For the avoidance of doubt, these terms shall apply from the time a booking is accepted by EPC and such shall constitute the Agreement between the Parties.
2.1 'Course(s)' means the relevant training course, service or activity provided by (or via) the EPC, either at the EPC premises or at other locations as specified by, or otherwise agreed in advance with EPC.
2.2 'Customer' means the party that has booked a place on a Course for one or more Delegates.
2.3 “Data Privacy Laws” means all laws that relate to data protection, privacy, the use of information relating to individuals, and/or the information rights of individuals and all laws implementing them, in each case as may be replaced, extended or amended, including, without limitation, the UK General Data Protection Regulation (“UK GDPR”) (as amended), the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003., and where applicable the General Data Protection Regulation ((EU) 2016/679).
2.4 “Data Processing Charter” means the data processing charter as detailed within clause 25 (Data Protection) of this Agreement, which may be amended from time to time.
2.5 'Delegate' means an individual who attends a Course
2.6 'EPC' means the Emergency Planning College, which is located at ‘The Hawkhills', Easingwold, York YO61 3EG and is run by Serco. The EPC (directly or indirectly) are the provider of training services under these terms and conditions on behalf of Serco
2.7 'Party' shall mean a party to this Agreement, namely Serco or the Customer, jointly referred to as the 'Parties'.
2.8 “Personal Data”, “Data Controller” or “Controller” “Data Subject” have the meanings given under the Data Protection Act 2018.
2.9 'Serco' means Serco Limited a company incorporated in England and Wales (registered no. 242246) whose registered office is at Serco House, 16 Bartley Wood Business Park, Bartley Way, Hook, Hampshire, RG27 9UY.
3.1 EPC will provide training in accordance with the Course booked by the Customer. The content of the Course will be as specified in the relevant Course material issued by EPC.
4. Course Bookings
4.1 Courses may be booked by the Customer online via the EPC website (www.epcresilience.com). Bookings will be provisional until payment has been received.
5. Course Location
5.1 The Course will be held at EPC’s premises, unless as advertised or advised by EPC to the contrary.
6.1 The Course fee shall be that as published periodically by EPC on its website (www.epcresilience.com). All fees are priced in Pounds Sterling and exclude VAT which is payable by the Customer at the prevailing rate.
6.2 Unless otherwise agreed or advertised, the fees for Courses delivered at the EPC include accommodation and meals for the period between the Course start and Course end date.
7. Payment Terms
7.1 Payment can be made online at the time of booking or at a later date if a provisional booking has been made. If a Customer wishes to receive an invoice for payment they are to advise the EPC at the time of enquiry or upon making the provisional booking. Invoices are to be paid within 30 days of the invoice date. Delegates who present themselves to EPC without payment of fees will not be allowed admission to a Course or to the onsite accommodation.
7.2 Interest on outstanding sums shall become payable by the Customer at 8% above the HSBC Bank Base Rate applicable on the date of invoice.
8.1 The Customer may cancel a Course and receive a full refund of the Course fees by providing more than 60 calendar days’ written notice to EPC prior to the Course commencement date. If written notice is provided between 60 – 30 calendar days prior to the Course commencement date then a refund of 50% of the Course fees will apply. For any cancellation for which a written notice is received less than 30 calendar days prior to the Course commencement date no refund will be provided and the Customer will be liable for 100% of the Course fee.
9. Course Transfers & Booking Amendments
9.1 A Customer may request a transfer for its Delegate(s) from one Course to another, or to the same Course but on a different delivery date. Transfer requests must be issued in writing, email is acceptable, and the contact details are available on the EPC website (www.epcresilience.com).
9.2 The Customer will be liable for any uplift in fees as a consequence of transferring to an alternative Course where the Course fee is more than the fee for the original Course.
9.3 Upon receipt of a transfer request the EPC will confirm if a transfer is possible. Where a transfer request has been issued providing more than 60 calendar days’ notice prior to the date of the booked Course, and if accepted by the EPC, the Customer will be able to transfer at no charge.
9.4 Accepted transfer requests which are received within 60 – 30 calendar days or 29 – 7 calendar days prior to the date of the booked Course will attract administration charges of £75 and £150 respectively.
9.5 Any transfer request that is received with less than 7 calendar days’ notice prior to the date of the booked Course will be rejected and if the Customer confirms that the Delegate(s) will not attend the booked Course then the Course booking will be classed as cancelled and the provisions of Clause 8.0 will apply.
9.6 Customers are limited to 2 transfers of an original Course booking and transfers must be performed within 12 months from the anticipated start date of the original Course.
9.7 For Courses not delivered at the EPC, transfers between Courses are not permitted and the provisions of the Cancellation Clause 8.0 would apply.
9.8 Changes made to existing Course bookings (for example the substitution of a Delegate) will attract an administration charge of £75.
10.1 The EPC reserves the right to withdraw any Delegate from the Course if in its reasonable opinion it considers that the Delegate is not suitable or fit to attend the Course.
10.2 Delegates will be required to comply with all relevant rules and regulations applicable to the Course.
10.3 EPC may, at its own discretion, expel any Delegate who by reason of disruptive behaviour or misconduct proves themselves to be unfit to complete the Course. Under these circumstances full Course fees will be payable.
11.1 Unless otherwise specified by EPC, on successful completion of the Course, the Delegate may be awarded a certificate by EPC. The decision of EPC as to whether or not a Delegate has successfully completed the Course shall be final and conclusive.
12.1 Serco will arrange such third party liability and indemnity insurance as it considers appropriate. Copies of the Insurance Certificates are held on the EPC premises.
13. Care and Skill
13.1 EPC will comply with all relevant health and safety legislation and will exercise reasonable care and skill in training Delegates and providing the Courses.
14. Liability and Indemnity
14.1 Although EPC will exercise reasonable care and take reasonable precautions, the Customer agrees to indemnify and hold harmless Serco from and against all claims made in respect of personal injury (including injury, illness or disease resulting in death) and/or loss of or damage to any property other than to the extent such loss, damage or injury is due to, or arises from either the negligence of Serco, its employees or contractors whilst in the performance of their duties, or as a result of fraudulent misrepresentation by Serco.
14.2 To the maximum extent permissible under English law, the total aggregate liability of Serco to the Customer or its Delegates shall not exceed the fees for the Course, whether for breach of this Agreement or in tort (including negligence), or for breach of statutory duty or otherwise arising in connection with the Course.
14.3 In no event will Serco be liable to the Customer for economic loss and/or indirect or consequential loss or damage.
14.4 Serco shall not be liable for any loss, damage, costs, fines or expenses or other liabilities, including such incurred by third parties, as a result of the Customers’ and/or the Delegates’ attendance at the course and/or their reliance or use of any outputs from the Course or materials delivered during the Course, including but not limited to reports, plans, procedures and training materials.
Either Party may forthwith terminate this Agreement by notice in writing if:
15.1 the other Party is in material breach of this Agreement and fails to remedy such breach within 14 days of written notice, save where the breach is irremediable, whereupon this Agreement may be terminated forthwith; or
15.2 the other Party goes into liquidation or is made bankrupt, a receiver is appointed over any of its assets or business, or an Administrator of the Customer is appointed or it passes a resolution for voluntary liquidation (other than as part of a bone fide scheme of amalgamation or reconstruction).
15.3 termination of this Agreement shall be without prejudice to any accrued rights or remedies to either Party.
15.4 Serco may terminate this Agreement should the Cabinet Office of the UK so direct or if the contract between Serco and the Cabinet Office is terminated or amended to an extent that such impacts upon the delivery of a Course.
16. Force Majeure
16.1 EPC shall not be liable for non-performance or delay in performance which is due to any cause beyond its reasonable control including (without limitation) inclement weather, fire, flood, industrial action, explosions, government regulations and orders and acts of God.
17. Intellectual Property
17.1 All intellectual property rights in the Course material shall vest in and remain with Serco or its licensors. Copies of any Course materials provided to the Customer and / or a Delegate(s) shall only be made with the prior written permission of EPC. Should EPC adapt or modify a Course to include any material provided by the Customer, the Customer warrants that any such material shall be provided with sufficient and appropriate intellectual property rights. Accordingly the Customer agrees to indemnify and hold harmless Serco from any claims associated with (inter alia) the use, edification, replication and/or sub-licensing by Serco of any such material
18.1 The Customer shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Customer by Serco, its employees, agents, consultants or subcontractors and any other confidential information concerning EPC’s business or its products which the Customer may obtain.
19.1 All notices to EPC shall be in writing, in English and sent to the EPC at the above address, marked for the attention of the Director of the EPC and to the Customer at such address as it may have given to EPC.
20.1 Neither Party shall be deemed to have waived any rights or remedies unless its waiver is in writing and signed by a duly authorised officer of the Party making such a waiver.
21.1 No amendments to this Agreement shall be valid unless they have been made in writing and executed by duly authorised officers of both Parties.
22.1 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause shall not affect the validity and enforceability of the rest of this Agreement.
23. Governing Law and Jurisdiction
23.1 This Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the Courts of England and Wales unless the Parties agree to arbitration.
24. Entire Agreement
24.1 This is the entire Agreement between the Customer and Serco as to the Course and all other agreements, understandings or representations not expressly included or referred to in this Agreement are hereby excluded.
25. Data Protection
25.1 The Customer and Serco agree that EPC is permitted to hold personal information about Delegates as part of its personnel and business records and EPC may process such Personal Data as part of EPC’s role as Data Controller or data processor as the case may be, in accordance with the Data Privacy Laws.
25.2 Each Party shall comply with the terms of the Data Processing Charter https://www.epcresilience.com/footer-links/data-processing-charter/, (which forms part of this Agreement) and Data Privacy Laws and shall not by its act or omission cause the other Party to breach the Data Privacy Laws.
25.3 Each Party shall provide such assistance as is reasonably requested by the other Party in relation to either Party's obligations under Data Privacy Laws including but not limited to the any complaint, communication or data subject rights requests received.
26. Contracts (Rights of Third Parties) Act
26.1 The Parties do not intend any item of this Agreement should be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to this Agreement.
Last updated: 13/08/2021