Terms & Conditions

SM Safety Training & Consultancy Ltd
Company Registration Number: 14230260

Registered Office: 2D-2E Fitz Gilbert Court, Castledown Business Park, Ludgershall, Wiltshire, SP11 9FA
Trading & Training Address: Mills House, Mills Way, Boscombe Down Business Park, Amesbury, Wiltshire, SP4 7RX

[email protected] | www.smsafetytraining.com

Contents

1. About Us
2. Bookings
3. Course Fees and Payment
4. Consumer Cancellation Rights
5. Cancellation or Deferral by the Client
6. Cancellation or Changes by SM Safety
7. Classroom Training
8. Virtual Classroom Training
9. Attendance and Delegate Conduct
10. Distance Learning
11. E-Learning and Digital Training
12. Awarding Bodies
13. Examination and Assessment Registration
14. NEBOSH Assessments
15. NVQ Eligibility
16. NVQ Registration, Support and Completion
17. ELCAS-Funded Courses
18. Training at Client Premises
19. Scope of Consultancy
20. Client Responsibilities for Consultancy
21. Consultancy Support Contracts
22. Course Materials and Intellectual Property
23. Reasonable Adjustments and Accessibility
24. Certificates
25. Data Protection
26. Events Beyond Our Reasonable Control
27. Liability
28. Complaints
29. Changes to These Terms
30. Governing Law
31. Company Details

These Terms and Conditions apply to training courses, qualifications, consultancy services and other services supplied by SM Safety Training & Consultancy Ltd.

1. About Us

SM Safety Training & Consultancy Ltd is a company registered in England and Wales under company registration number 14230260.

Registered Office: 2D-2E Fitz Gilbert Court, Castledown Business Park, Ludgershall, Wiltshire, England, SP11 9FA.

Trading and Training Address: Mills House, Mills Way, Boscombe Down Business Park, Amesbury, Wiltshire, SP4 7RX.

Email: [email protected] | Website: www.smsafetytraining.com

In these Terms and Conditions, “SM Safety”, “we”, “us” and “our” mean SM Safety Training & Consultancy Ltd. “Client”, “customer”, “learner”, “delegate” or “you” means the individual or organisation purchasing, booking or receiving our services.

By booking a course, accepting a quotation, enrolling on a qualification, purchasing an online course or instructing us to undertake consultancy work, you agree to these Terms and Conditions.

Nothing within these Terms and Conditions affects any statutory rights that you may have as a consumer.

2. Bookings

Course bookings may be made through our website, booking system, by email, telephone, purchase order, ELCAS Claim Authorisation Note or another method accepted by SM Safety.

A booking is considered confirmed once we have accepted the booking and issued confirmation.

Where payment, a purchase order, funding authorisation or other information is required to secure a place, the booking may remain conditional until this has been received.

Delegates are responsible for ensuring that the course or qualification they book is appropriate for their requirements and that they meet any entry or eligibility requirements.

For qualifications requiring prior knowledge, experience or evidence of occupational competence, SM Safety may request additional information before accepting the learner onto the programme.

3. Course Fees and Payment

Unless otherwise stated in writing, invoices are payable within 14 days of the invoice date.

Regardless of the invoice payment period, full payment or an agreed funding arrangement must normally be in place before the course or service begins.

Where a course is booked less than 14 days before its commencement date, payment may be required immediately.

SM Safety reserves the right to withhold the following until the required payment has been received:

• course materials
• joining instructions
• online learning access
• examination registration
• awarding-body registration
• certificates
• access to training

We may refuse attendance or suspend access where payment remains overdue.

Where an instalment or payment plan has been agreed, payments must be made in accordance with the agreed schedule. Failure to maintain payments may result in learning access being suspended and outstanding sums becoming payable.

All prices will state whether VAT is included or excluded where applicable.

Prices are correct at the time they are quoted or published. SM Safety reserves the right to change prices for future bookings. A price already confirmed for an existing booking will not normally be changed unless the scope of the service changes or an additional third-party charge arises at the customer’s request.

4. Consumer Cancellation Rights

Where an individual books a course or service as a consumer online, by telephone, by email or otherwise at a distance, they may have a legal right to cancel the contract within 14 calendar days of the date the contract is entered into.

Where you ask us to begin providing a service during the 14-day cancellation period, you expressly request that the service begins before the cancellation period has expired.

If you subsequently cancel during that period after the service has started, we may charge a reasonable amount for the services already provided.

Where a service has been fully performed during the cancellation period following your express request and acknowledgement, your statutory right to cancel may be lost.

Where immediate access is provided to digital learning materials, online courses, downloadable materials or other digital content, we may ask you to expressly consent to receiving that content immediately and acknowledge that this may affect or end your statutory right to cancel once access begins.

These provisions do not restrict any other statutory rights available to consumers.

5. Cancellation or Deferral by the Client

Once any applicable statutory cancellation period has expired, the following standard cancellation charges may apply to training courses:

Where SM Safety has already incurred non-refundable costs, including examination fees, awarding-body registration charges, venue costs, course materials or other third-party charges, these may also remain payable where legally permitted.

Cancellation charges will be applied reasonably and, for consumer bookings, will not exceed the losses SM Safety is legally entitled to recover.

Requests to transfer or defer a booking to another course date will be considered wherever reasonably possible.

A deferral may be treated as a cancellation where insufficient notice is provided or where costs have already been incurred.

All cancellation and deferral requests should be submitted in writing to [email protected].

Sending a substitute delegate may be permitted on some courses, provided sufficient notice is given and awarding-body or eligibility requirements allow the substitution.

6. Cancellation or Changes by SM Safety

SM Safety reserves the right to cancel, postpone, reschedule or make reasonable changes to a course or service where necessary.

This may include changes to:

• course dates
• course times
• trainers or assessors
• training venues
• course delivery methods
• course materials
• assessment arrangements
• awarding-body requirements

Where appropriate, a classroom course may be transferred to live virtual delivery where circumstances make classroom delivery impractical.

If SM Safety cancels a course, affected delegates will normally be offered:

1. transfer to another suitable course date
2. an alternative delivery method where appropriate
3. a refund of fees paid for the service that SM Safety is unable to provide

SM Safety will not normally be responsible for additional costs incurred by delegates, such as travel, accommodation, subsistence, loss of earnings or other consequential costs. Customers are therefore advised not to make non-refundable travel or accommodation arrangements unless necessary.

Nothing in this clause excludes liability that cannot legally be excluded.

TRAINING COURSES

7. Classroom Training

SM Safety will endeavour to maintain appropriate trainer-to-delegate ratios and class sizes.

The final number of delegates permitted on a course may be influenced by the course type, venue, awarding-body requirements and the needs of the learners.

SM Safety may use one or more suitably qualified trainers to deliver a course.

Where possible, continuity of trainers will be maintained, although this cannot always be guaranteed.

Training materials are regularly reviewed and updated. Reasonable efforts are made to ensure information is accurate at the time of delivery.

Course content may change where legislation, guidance, industry standards, qualification specifications or awarding-body requirements change.

8. Virtual Classroom Training

Virtual classroom courses may be delivered using Microsoft Teams or another suitable online platform.

Delegates are responsible for ensuring that they have:

• a suitable computer or device
• reliable internet access
• speakers or headphones
• a microphone
• a camera where required
• access to the required software or platform
• a suitable environment in which to participate

Joining instructions will normally be supplied before the course.

Delegates should test their equipment before the course begins.

SM Safety cannot accept responsibility for a delegate’s inability to participate because of their own equipment, internet connection, firewall, employer IT restrictions or other technical issues outside our control.

Where significant technical problems are caused by systems under SM Safety’s control, we will take reasonable steps to provide an alternative or rearrange the affected learning.

Delegates are expected to participate fully throughout live virtual training.

9. Attendance and Delegate Conduct

Delegates are expected to attend the full course unless otherwise agreed.

Certain awarding bodies impose minimum attendance requirements. Failure to meet these requirements may prevent a learner from completing an assessment or receiving certification.

Delegates must behave appropriately towards trainers, staff and other learners.

SM Safety reserves the right to remove a delegate from training where their behaviour is abusive, threatening, discriminatory, disruptive, unsafe or otherwise unacceptable.

A refund will not normally be provided where a delegate is removed from a course because of serious misconduct.

Recording live training sessions, copying course materials or distributing teaching content without prior written permission is prohibited.

10. Distance Learning

Where distance-learning materials are supplied, the materials provided will be those considered current at the time of enrolment.

Qualification specifications, legislation, guidance and awarding-body requirements may change during a learner’s programme.

Where reasonably practicable, learners will be informed of significant changes affecting their qualification.

All required fees must normally be paid before course materials or online access are supplied.

Learners are responsible for managing their study and contacting their tutor or assessor when support is required.

Completion of practice assessments, assignments or other tutor-directed activities is strongly recommended where these form part of the programme.

11. E-Learning and Digital Training

Access details for e-learning courses will normally be issued following receipt of the required payment.

Once digital course access or login details have been supplied, refunds may be restricted where the learner has expressly consented to immediate access and acknowledged the effect this has on their statutory cancellation rights.

Usernames, passwords and course access are supplied for the registered learner only and must not be shared with another person.

Course content remains the intellectual property of SM Safety or the relevant third-party content provider.

ACCREDITED QUALIFICATIONS AND EXAMINATIONS

12. Awarding Bodies

SM Safety delivers qualifications and training associated with recognised awarding bodies and professional organisations, which may include NEBOSH, IOSH and ProQual.

Learners must comply with any rules, assessment requirements, examination conditions and policies imposed by the relevant awarding body.

Awarding bodies may amend:

• examination dates
• assessment methods
• qualification specifications
• registration deadlines
• fees
• examination procedures
• certification requirements

Where such a change is outside SM Safety’s control, we will take reasonable steps to inform affected learners.

13. Examination and Assessment Registration

Where examination or assessment fees are stated as being included within a course price, this relates to the examination or assessment arrangements specified when the course was booked.

Delegates are responsible for providing accurate personal details for awarding-body registration.

The name supplied for examination registration should match the learner’s official identification where required.

Awarding bodies operate registration deadlines. Learners who request registration after the applicable deadline may be required to pay additional late registration charges.

Once an examination, assessment or learner registration has been submitted to an awarding body, the associated fee may become non-refundable.

Where a learner requests a change to an examination or assessment date after registration, any transfer, re-registration or additional fees charged by the awarding body may be payable by the learner.

Failure to attend an examination or submit an assessment by the required deadline may result in the learner having to pay the appropriate resit or re-registration fees.

14. NEBOSH Assessments

Learners registered for NEBOSH qualifications must comply with the assessment arrangements and deadlines specified by NEBOSH.

Where a closing interview, verification interview or other compulsory element of the NEBOSH assessment process is required, the learner must attend as instructed.

Failure to comply with NEBOSH requirements may result in a learner’s assessment being withheld, invalidated or referred to NEBOSH for further action.

Any additional costs resulting from a learner’s failure to attend or comply with assessment arrangements may be passed on where appropriate.

SM Safety cannot guarantee that any learner will pass a qualification or assessment.

Achievement depends upon the learner satisfying the requirements of the relevant awarding body.

LEVEL 6 NVQ

15. NVQ Eligibility

Before enrolling on the ProQual Level 6 NVQ Diploma in Occupational Health and Safety Practice, learners must provide sufficient information to demonstrate that the qualification is appropriate for them.

This may include completing an eligibility questionnaire or self-assessment and providing evidence of relevant occupational health and safety responsibilities and experience.

The NVQ is competence-based and requires learners to produce evidence from their own occupational activities.

It is the learner’s responsibility to ensure they have sufficient access to appropriate workplace evidence.

SM Safety reserves the right to decline an NVQ application where the learner does not currently have sufficient occupational responsibility or access to the evidence required to complete the qualification.

16. NVQ Registration, Support and Completion

Once accepted, the learner will be registered with the relevant awarding body.

Registration and administration costs incurred after registration may be non-refundable.

The standard SM Safety NVQ programme is designed to be completed within 12 months from enrolment.

Learners are expected to maintain reasonable and consistent progress throughout the qualification.

The NVQ is primarily a learner-led qualification. Assessors will provide guidance, assessment feedback and support, but responsibility for producing and submitting suitable workplace evidence remains with the learner.

Learners should contact their assessor whenever additional guidance is required.

Where a learner does not complete within their agreed programme period, an extension may be considered.

Extensions are not automatic and may be subject to:

• assessor approval
• awarding-body registration remaining valid
• satisfactory learner engagement
• an additional extension fee

Continued failure to engage or make reasonable progress may result in the learner being withdrawn from the programme.

No qualification can be awarded unless all required units and assessment requirements have been successfully completed and internally and externally quality assured where required.

ELCAS AND ARMED FORCES FUNDING

17. ELCAS-Funded Courses

Where Enhanced Learning Credits Administration Services (ELCAS) funding is being used, the learner remains responsible for ensuring that they comply with the current ELC Scheme rules.

A valid Claim Authorisation Note (CAN) must be provided to SM Safety before the relevant course begins.

The learner must not start ELCAS-funded training without the required funding authorisation.

Under the ELC Scheme, learners are normally required to make a personal contribution of at least 20% of the total course cost from their own resources, subject to the current ELC Scheme rules.

The learner’s required personal contribution must be paid to SM Safety before the course begins unless another arrangement has been agreed in writing.

ELCAS funding does not remove the learner’s responsibility to comply with these Terms and Conditions.

If a learner wishes to cancel, defer or withdraw from ELCAS-funded training, they should contact SM Safety and their relevant Single Service Representative or ELCAS authority before taking action.

Cancellation or withdrawal can affect an individual’s ELC entitlement and is subject to the rules of the ELC Scheme.

Any course fees, personal contributions or other amounts not covered by ELCAS remain the responsibility of the learner.

SM Safety is not responsible for funding being refused, withdrawn or reinstatement being declined by ELCAS or the relevant Service authority.

IN-HOUSE TRAINING

18. Training at Client Premises

Where training is delivered at a client’s premises, the client is responsible for providing an appropriate training environment.

Unless otherwise agreed, this should include:

• a suitable training room with sufficient space for all delegates
• appropriate seating and tables
• suitable welfare and toilet facilities
• access to power supplies
• presentation facilities where required
• a projector or display screen where required
• flipchart or equivalent facilities where agreed
• suitable internet access where required
• a safe environment for delegates and trainers

The client must notify SM Safety in advance of any site-specific hazards, security requirements, access arrangements or other relevant information.

Where suitable facilities are not available and this prevents training from being delivered effectively or safely, SM Safety may postpone or cancel the training and reasonable costs may remain payable.

CONSULTANCY SERVICES

19. Scope of Consultancy

The exact scope of consultancy work will be defined within the quotation, proposal, contract or other written agreement between SM Safety and the client.

Consultancy services may include, amongst other services:

• health and safety audits
• workplace inspections
• general risk assessments
• fire risk assessments
• policies and procedures
• RAMS
• COSHH assessments
• noise assessments
• ladder inspections
• CDM support
• competent-person support
• general health and safety advice

Unless specifically included within the agreed scope, a general risk assessment does not include specialist assessments required under other legislation.

Additional work requested outside the original agreed scope may be subject to an additional charge.

20. Client Responsibilities for Consultancy

The client is responsible for providing SM Safety with accurate and complete information reasonably required to undertake the work.

The client must provide appropriate access to premises, employees, documents, equipment and other relevant information where required.

Our recommendations are based upon the circumstances and information available at the time the consultancy service is undertaken.

The client remains responsible for managing health and safety within their organisation and for deciding how recommendations are implemented.

Appointment of SM Safety as a consultant or competent-person adviser does not transfer the client’s statutory duties or responsibilities to SM Safety.

21. Consultancy Support Contracts

Where ongoing telephone, email or competent-person support is provided under a fixed-term agreement, the contract start date and duration will be confirmed within the proposal or agreement.

Where an annual support agreement is intended to renew automatically, this will be made clear in the relevant quotation or contract.

Clients wishing to end an automatically renewing commercial support agreement should normally provide at least 30 days’ written notice before the renewal date, unless different terms have been agreed.

Any renewal arrangement involving a consumer will remain subject to applicable consumer protection law.

Site visits or work outside the scope of a telephone or email support agreement may be charged separately at an agreed rate.

GENERAL PROVISIONS

22. Course Materials and Intellectual Property

All training materials supplied by SM Safety remain protected by applicable intellectual property law.

Unless expressly agreed otherwise, materials are provided for the learner’s personal study or the client’s internal business use only.

Course materials must not be:

• copied for commercial purposes
• reproduced
• republished
• uploaded to another platform
• sold
• shared with people who have not booked the course
• recorded
• used to deliver training to others

Some materials may be owned by an awarding body, publisher or other third party and remain subject to that owner’s intellectual property rights.

23. Reasonable Adjustments and Accessibility

SM Safety is committed to supporting learners who require reasonable adjustments.

Learners should inform us as early as reasonably possible if they have a disability, medical requirement, learning need or other circumstance that may require an adjustment.

Where an awarding body is involved, reasonable adjustments may require prior approval and supporting evidence.

SM Safety cannot guarantee that an awarding body will approve a particular adjustment, but we will provide reasonable assistance with the application process.

24. Certificates

Certificates will only be issued where the learner has successfully satisfied the relevant course or qualification requirements.

For externally awarded qualifications, certificates are issued by the relevant awarding body and delivery times are outside SM Safety’s direct control.

Learners are responsible for ensuring that their personal details are correct before registration and certification.

Charges imposed by an awarding body for replacement or corrected certificates may be passed on to the learner where the error was caused by incorrect information supplied by the learner.

25. Data Protection

SM Safety will process personal information in accordance with applicable UK data protection legislation and our Privacy Notice.

Personal information may need to be shared with awarding bodies, examination organisations, funding authorities, ELCAS, certification organisations or other relevant third parties where necessary to administer a course, qualification, assessment or funding claim.

Only information reasonably required for these purposes will be shared.

26. Events Beyond Our Reasonable Control

SM Safety will not be responsible for failure or delay in providing a service where this results from circumstances beyond our reasonable control.

These circumstances may include severe weather, transport disruption, power failure, internet or telecommunications failure, illness, venue closure, industrial action, civil emergency, government restrictions or other unexpected events.

Where such circumstances occur, SM Safety will take reasonable steps to minimise disruption and, where appropriate, offer alternative arrangements.

27. Liability

SM Safety will exercise reasonable care and skill when providing its services.

Nothing within these Terms and Conditions excludes or restricts liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Nothing within these Terms and Conditions restricts the statutory rights of consumers.

For business clients, SM Safety will not be liable for indirect or consequential losses, loss of profit, loss of business, loss of opportunity or other losses that were not reasonably foreseeable, except where such liability cannot legally be excluded.

28. Complaints

SM Safety aims to resolve concerns fairly and promptly.

Any complaint should initially be submitted to [email protected].

Please provide sufficient information for us to investigate the matter, including the learner or client name, course or service involved, relevant dates and details of the concern.

Where a complaint relates to an externally regulated qualification, further rights of complaint or appeal may also be available through the relevant awarding body.

29. Changes to These Terms

SM Safety may update these Terms and Conditions from time to time to reflect changes to our services, legislation, awarding-body requirements or business practices.

The terms applying to a booking will normally be those in force when the booking was confirmed, unless a change is required by law or an awarding body.

30. Governing Law

These Terms and Conditions and any dispute arising from them will be governed by the laws of England and Wales.

Where the customer is a business, the courts of England and Wales will have jurisdiction over any dispute.

Where the customer is a consumer, nothing in this clause removes any mandatory rights they may have to bring proceedings in another part of the United Kingdom.

31. Company Details

SM Safety Training & Consultancy Ltd

Company Registration Number: 14230260

Registered Office: 2D-2E Fitz Gilbert Court, Castledown Business Park, Ludgershall, Wiltshire, England, SP11 9FA

Trading and Training Address: Mills House, Mills Way, Boscombe Down Business Park, Amesbury, Wiltshire, SP4 7RX

Email: [email protected]

Website: www.smsafetytraining.com