General Terms and Conditions
Effective Date: 4 March 2020
- In these Conditions the following expressions shall have the following meanings:
- “LLPA” or “LLPA Central Delivery Services” means the Leading Learning Partner Association.
- The “Client” means the person, company or other legal entity identified as providing a request to LLPA to supply Services.
- “Services” means the goods or services to be provided by LLPA to the Client under the terms of the contract and “Services” shall be construed accordingly.
- “Confirmation Date” means the date when all the following apply:
- A request to supply Services has been received from the Client by LLPA
- LLPA has confirmed to the Client that the course or other Services requested are available and the price is correct.
- Payment has been received, or an alternative payment method agreed.
- “Contract” means the contract between LLPA and the Client under which the Services are to be supplied by LLPA to the Client.
- “Training Provider” means the company delivering a course when this is not LLPA.
- “Intellectual Property” includes all training materials, course manuals, inventions, patent applications, granted patents, registered and unregistered designs, copyright works, trademarks and confidential information.
Unless otherwise agreed by LLPA in writing prior to agreement by the Client to these Terms and Conditions the Client agrees that the provisions of these Terms and Conditions shall constitute all of the provisions relating to the Services to be provided to the Client by LLPA. No other terms and conditions shall be accepted.
The price payable for the Services shall be the list price of LLPA at the Confirmation Date unless otherwise stated.
LLPA reserves the right to increase the price from that advertised on the website or in other forms at our discretion and for any reason prior to the course commencement. Where this affects the price payable by the customer and the customer has made payment of the previously advertised price (not including Purchase Orders and Reservations) and does not wish to proceed at the increased price a full refund will be payable.
The price does not include travel, accommodation, meals, or other related expenses unless explicitly stated.
All prices are exclusive of Value Added Tax. VAT reverse-charged applies.
4. Terms of Payment
Where the Services relate to the provision of a training course, payment by cheque, credit card, debit card or bank transfer is required no later than 14 Working Days after the course start date. Special arrangements may be separately agreed in the case of late bookings.
Where Services involve other services or goods, payment is required 5 Working Days prior to delivery or as otherwise agreed in writing.
LLPA is entitled to charge interest at 2% per month or part thereof on overdue payments.
Where pre-agreed by LLPA on Training payment may be agreed by Purchase Order. Where payment by Purchase Order is agreed these Terms and Conditions shall remain in full force and no variation to these Terms and Conditions is accepted by LLPA on Training whether detailed by the Customer within the Purchase Order or by another means without specific acceptance by LLPA on Training in writing.
Where an agreement has not been provided in writing any additions or variations to these Terms and Conditions shall be null and void.
5. Training Courses
LLPA provides training in conjunction with selected Members and Training Partners. To the best knowledge of LLPA, these Members and Training Partners are suitably qualified and accredited to deliver the training courses offered.
The contents of course schedules are intended for general guidance only and do not form any part of a contract. LLPA reserves the right to make any reasonable variations to public and in-house courses, including the content and location of the courses, without notice.
The indication of course availability and location shown on the LLPA website is for general guidance and does not form any part of a contract. Please contact LLPA before making any travel or accommodation arrangements as LLPA will not be liable for any action that you may take in reliance on the information.
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.
LLPA will perform the 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.
Unless otherwise indicated, all courses are delivered solely in English, and all delegates must be sufficiently proficient in the English language before attending a course.
For courses not exclusive to one Client, LLPA and its Members and Training Partners reserve the right to refuse admission to the virtual classroom by any person whom they consider in their absolute discretion to be unsuitable for admission onto the virtual classroom or to remove any such person after the commencement of a course.
6. Course Duration
Course durations for virtual training and access periods for learning materials are clearly stated on the platform where the courseware is redeemed.
All classroom-based courses are run on working days only unless otherwise stated. On the rare occasion where a training event duration spans a weekend, the course will continue the following week. For example, if a 3-day training event commences on a Friday, then the remaining 2 days of training will take place on the following Monday and Tuesday.
7. Cancellation, Transfers and Substitutions with respect to Training Courses
If your purchase is made using a discount, promotion or special program additional terms and conditions may apply.
Public Schedule Training Cancellation Policies
LLPA-Delivered Cancellation Policy: If you are unable to attend your scheduled training class, please e-mail firstname.lastname@example.org. In order to receive a refund for prepayment, you must cancel or reschedule your registration 10 or more calendar days before the start date of your scheduled class. Failure to provide the required notification within 10 calendar days will result in 50% charge of the course and 100% charge for cancellations 5 days before the start date of your scheduled course. If a student does not attend a scheduled course without the required prior notification, the funds will be forfeited. Within the required notification period, student substitutions will be permitted.
Rescheduling is permitted at any time with 10 or more calendar days’ notice. Enrollments must be rescheduled within six months of the cancel date or funds on account will be forfeited.
A minimum of 5 registrations is required to confirm a class. Should there not be enough students to confirm the class the delegates will be notified no less than 5 working days before the start date of the course and will be moved to the next scheduled course date.
The LLPA reserves the right to postpone a class for a maximum of 2 times, thereafter the course will be confirmed to run with the number of delegates booked for the course.
Boot Camp Attendance Policy: The boot camp attendance policy is the same as listed above.
On-Demand Training: Online subscriptions cannot be cancelled or refunded.
Private Group Training Cancellation Policy
If customer cancels or reschedules a course within 20 business days of the scheduled start date, the customer will be charged 25% of the base course fee. If cancellation or reschedule occurs within 10 business days of the start date, the customer will be charged 50% of the base course fee. Any such fee charged will not be applied to the price of any rescheduled courses. The cancellation terms for some of our members differ from ours.
All Member-Delivered Events and Student Count Billing Policy
The LLPA will charge the full attendee fee based upon the number of students confirmed by the customer on the booking sheet no less than ten business (10) days prior to the class start date. This confirmed count will be the minimum student count for invoice purposes. Customers must ensure this number accurately reflects the number of students planned to attend. This number may not be reduced. In addition, the customer will be invoiced for any students exceeding this amount. (For example, if a customer confirms twelve (12) students before the class and only ten (10) attend, the customer will be invoiced for twelve (12) students. If a customer confirms twelve (12) students, but fourteen (14) attend, the customer will be invoiced for 14 students. Roster additions requested less than two (2) weeks before the scheduled delivery date, may not be approved. Student substitutions must be submitted no less than three (3) business days before the start of the class.
8. Credit Rating
LLPA reserves the right to assess the financial status of any organisation or individual making a booking or in the process of making a booking and reserves the right to require payment prior to confirming a booking.
LLPAs’ 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.
LLPA 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
LLPA 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 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.
If LLPA is unable to perform its duties and obligations under this contract as a direct result of one or more such causes LLPA shall give written notice to the Client of such inability stating the cause in question.
11. Data Protection and Confidentiality
Account creation involves entering necessary personal data, and it shall not be created without it. We collect personal information for service purposes only and we do not share them with 3rd parties unless it would stop us from obeying the law. We are protecting the personal data using adequate technical and organizational measures, compliant with GDPR and other privacy-related legislation. More details about privacy protection can be found using this link.
All Intellectual Property associated with training courses or other Services shall remain vested in the owner be it LLPA, its Members or others.
Where Services are distance learning products, then the Client shall abide by all reasonable terms of any license agreement applicable.
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 LLPA. The Client shall ensure that its employees and all those under the Client’s control and supervision comply with this obligation.
Where Services are provided to the specification or special requirements of the Client, the Client shall indemnify LLPA against all costs, claims and damages incurred or arising out of any alleged infringements of Intellectual Property.
The Contract shall only become effective at the Confirmation Date.
Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by LLPA or its Members shall be subject to correction without any liability on the part of LLPA.
No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorized representative of LLPA.
LLPA may assign or sub-contract the whole or any part of the Contract to any person, firm, or company.
These Terms and Conditions expressly exclude any right afforded the Members or any other third party pursuant to the Contracts (Rights of Third Parties) Act 1999.
During the term of the Contract and for a period of 12 months thereafter, the Client shall not directly or indirectly employ or solicit for employment any employees of LLPA or its Members.
All parties (including LLPA, the Client and the Members) shall comply with the Anti-Bribery Act 2010 and will make it clear to those providing services to it, that it does not accept or condone the payment of bribes on its behalf.
The invalidity or unenforceability for any reason of any condition, sub-clause or paragraph of these Terms and Conditions shall not prejudice or affect the validity or enforceability of the remainder.
These Terms and Conditions shall be governed by and construed in accordance with Dutch law and the parties agree to submit to the exclusive jurisdiction of the Dutch courts.
13. Company Information
“Leading Learning Partners Association” and “LLPA” are trading names of Leading Learning Partners Association.
Registered Company and Trading Address:
Postbus 123, 1200 AC Hilversum