1. All contracts whether confirmed verbally or in writing, are accepted solely on the basis of these Terms and Conditions and any Schedule attached and no variation of the same is accepted unless expressly agreed in writing by Nita Nicola.
2. Unless otherwise agreed in writing all copyright in all documents manuals and any publications books and photographs supplied to the Client belongs to and will remain with Nita Nicola and may not be sold or resold to any other party. The Client will not reproduce copy disseminate or utilise the information or documentation provided by Nita Nicola except as expressly authorised to do so.
3. Nita Nicola reserves the right to refuse without explanation any order received from any person, agency or organisation wishing to purchase any Standard Document Pack or Distance Learning Module detailed on this website. Any order submitted is an offer to buy and there will be no contract of any kind created at any point unless and until the written order and payment has been received and accepted. Until such time any order submitted may be declined.
4. All fees quoted exclude VAT travel parking and disbursements unless otherwise stated. Where an hourly rate is quoted, the chargeable time will include the time travelling to and from the training or consultancy venue.
5. At the time of preparing these terms and conditions Nita Nicola is not registered for VAT. If VAT becomes applicable the Client will be advised and the VAT registration number detailed on the invoice.
6. Travel expenses whether by private car (mileage is based on 45p per mile) or public transport, direct parking and congestion charges incurred and any reasonable disbursements will be charged where applicable in addition to the quoted fee rate and will be detailed separately on the invoice.
7. Unless otherwise agreed Nita Nicola will invoice the Client at the end of the week in which the training or consultancy service is undertaken. A 50% advance booking deposit will usually apply (see 19 re cancellation of bookings).
8. All fees must be paid within 14 days of invoice unless otherwise agreed in writing. Nita Nicola reserves the right to charge interest at 4% over NatWest base lending rate on all overdue fees from the date of invoice until payment, together with an administration fee of £40 for each communication whether verbal or written seeking settlement of the overdue invoice. Any third party costs applicable in recovering such outstanding monies will also be payable by the Client.
9. The fee rate quoted for training courses includes the initial planning and preparation typing printing and copying of training materials provided.
10. The venue for a training course is to be provided by the Client at his own cost.
11. The provision of any refreshments and/or lunch during a training course is the sole responsibility and at the discretion of the Client.
12. Training courses or Consultancy services will be undertaken by either Nita Nicola or an experienced lecturer or consultant provided by Nita Nicola whose fee is included in the stated fee rates.
13. Any outside consultants speakers or other specialist lecturers employed to undertake consultancy services training courses or support the course tutor will be organised by Nita Nicola and their fee included in the stated fee rates.
14. Nita Nicola reserves the right at any time without prior notice whether due to illness or any other unforeseen circumstances to substitute the designated lecturer whilst ensuring their expertise and knowledge is of an equal standard or to postpone the course if a substitute cannot be arranged.
15. Nita Nicola or any person undertaking Training Courses or Consultancy Services on behalf of Nita Nicola shall not divulge to third parties (save under threat of penalty under Statute) any information which the client reasonably regards as confidential provided that the provision shall not restrict the use by Nita Nicola of such information in any publication either in a form agreed with the Client or in any such form as will not reveal to the reader the source of such information.
16. Nita Nicola or any person undertaking Training Courses or Consultancy Services on behalf of Nita Nicola will endeavour to provide accurate information to the Client but no warranty is made that such information is up to date, accurate, complete or full.
17. Any client instructing Nita Nicola to create Agency Documents such as Terms & Conditions of Business and Tenancy Agreement masters should note that whilst Nita Nicola is knowledgeable and experienced in this field and has satisfactorily provided this service for many clients, she is not a solicitor and has no formal legal training. Her access to information relating to new legislation, rulings or case law affecting the Lettings Industry is the same as that available to any practising Letting Agent. It is recommended that clients seek final approval of such documents from their Agency’s legal advisors.
18. Nita Nicola or any person undertaking Training Courses or Consultancy Services on behalf of Nita Nicola shall not be liable for any losses to the client by way of loss of revenue loss of expected profits or claims by third parties.
19. Cancellation of Booking
(i) Cancellation of a Consultancy or Training booking by the Client with less than one calendar month’s notice is subject to a cancellation charge of 30% of the agreed fee except where if less than 14 days notice is given 50% will be payable.
(ii) In the event of the Client wishing to cancel a Training booking at any time after 7 days from the date of signing the Confirmation of Instruction Form an administration fee of £500.00 will be payable in respect of the compilation of the bespoke training workbook. This is in addition to any cancellation charge applicable as outlined in clause 19(i) above.
(iii) Where the Client wishes to postpone and re-arrange a booking for a later date a cancellation fee will not be incurred provided the new date is no more than two calendar months after the original date and no less than 7 days notice of postponement is given. A 20% administration charge will be made for postponements with less than 7 days notice.
(iv) In the event of a booking being so postponed by the Client for longer than 2 months Nita Nicola reserves the right to re-negotiate the time scale and charges accordingly.
(v) Contracts for long term training or consultancy programmes are subject to three months notice on either side such notice not to expire before the end of the first year.