Training Terms and Conditions

Xacom Ltd (hereafter referred to as the “company”, “Xacom”, “we”, “us”, and “our”) provides https://xacom-projectcontrols.com. We encourage prospective clients to read Xacom’s terms and conditions, prior to any purchases.

Definitions

  1. The “Company”, “Xacom”, “We”, “Us”, “Our” – this refers to Xacom Ltd with a registered office at 129 Woodplumpton Rd, Fulwood, Preston PR2 3LF.
  1. “Client”, “Your”, “You” – this refers to the individual purchasing from Xacom that intends to attend a training event.
  2. “Booker” – this refers to the person making the booking with Xacom, on behalf of a client attending the course.
  3. “The Website” – this refers to the https://xacom-projectcontrols.com.
  4. “Terms and Conditions” – this refers to the terms of usage and conditions under which all purchases are pursued, and the website is utilised.
  5. “Booking Form” – this is an agreement between Xacom and its clients, regarding prospective delivery of services.
  6. “Joining Instructions” – this refers to a set of instructions that are given to clients upon receipt of payment, regarding event-related details.
  7. “Working Days” – this refers to days between Monday and Friday, excluding Public Holidays.

1. Prices:

  1. All pricing quotations are only valid for 7 days from the date that they are first sent to the client. All prices are subject to change due to the dynamic nature of our business and of the training industry.
  2. The published prices exclude VAT. Clients and Companies must pay Xacom any VAT that is chargeable on services that are provided; Xacom will list the correct VAT amount on the invoice – as required by statute.
  3. All quotations exclude VAT. If the corresponding purchase is pursued, as required by statute, VAT will be applied at the point of purchase and feature within the sales invoice.
  4. The published prices do not include any travel, accommodation or living expenses which the client may incur in attending unless specifically mentioned on the Booking Form. 
  5. VAT is payable regardless of the Client’s country of origin; the point of supply for VAT purposes is the location of the course. For E-learning courses, VAT will be charged regarding the place of supply and the relevant tax legislation in the country of consumption. For onsite events, please refer to Clause 13 for our onsite terms or for a full breakdown, please see our Onsite Training Expenses Policy.
  6. If a third-party vendor, certification body, or service provider alters their examination fee or material cost, Xacom reserves the right to adjust the relevant training course prices to reflect such alterations.
  7. Training event prices listed on correspondence, brochures, leaflets, and materials belonging to Xacom are not legally binding due to anticipated price fluctuations; they are advisory at the time of public dissemination and do not constitute as part of a legal agreement.

2. Payments:

  1. The course fee(s), including VAT, are payable in full immediately upon receipt of the invoice. Clients wishing to make payments made from non-UK accounts or credit cards must be responsible for all bank charges in relation to the overseas transactions.
  2. Without prejudice or distortion to alternative rights listed, Xacom will impose a late payment charge of 8% over the Bank of England base rate. Payments can be made by major credit and debit cards, including American Express, inclusive of credit card charges.
  3. All company credit card payments will incur a card surcharge of 2.99%, except for payments made via American Express, which will incur a surcharge of 3.99% 
  4. Where a Purchase Order is issued, it must clearly state the purchase order number, course dates, full Invoice amount, and contact details for invoicing. When more than one course is booked on the same booking form, full payment for all courses is required immediately upon confirmation before the commencement of the first course.
  5. All administration fees for cancellations are payable immediately upon receipt of the invoice. The Terms of this agreement override over any other terms of business or purchase conditions put forward by the client.
  6. Once a partial or full payment has been processed, over the phone or on the website by the following methods: Debit Card, Credit Card, American Express, Cheque or Bank transfer, the Client will adhere to Xacom’s terms and conditions, irrespective of a booking form having been signed. 
  7. All payments shall be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees, and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by law. If a customer is compelled to make any such deduction, it will pay to the receiving Party, Xacom, such additional amounts as are necessary to ensure receipt of the full amount which that party would have received but for the deduction.
  8. All payments must be received, regardless of payment terms, prior to an examination being issued or delivered by the Company
  9. It is the responsibility of the Client to ensure that the person that approved the purchase of a product, has the correct purchasing authority.

3. Cancellations:

Cancellations made by Xacom

  1. Xacom reserves the right to cancel, move, and reschedule a training event or course due to circumstances that are beyond Xacom control, such as trainer illness or low attendance. Reasonable efforts will be made to contact and notify clients of any alterations to their training event or course. If a training event is cancelled, Xacom will either re-allocate Clients on to future training events with the Client’s consent, offer Virtual training events, or eLearning training. 

     Client Cancellations

  1. Except for instances provided under Clause 3, “Cancellations made by Xacom”, the following cancellation fees will be imposed on all bookings, dependent on the number of days notice provided to Xacom. If you need to make a cancellation, please notify Xacom in writing or via email to the following address – Xacom Ltd. Wyre, Ground Floor, 38 Berry Lane, Longridge, Preston, Lancashire, PR3 3JJ.
  2. All cancellation and rescheduling fees are due immediately via debit or credit card.
  3. All cancellations made between 0-30 days prior to the course start date, are subject to a 100% cancellation fee, based upon the full course fee (+ VAT), which must be paid in full upon cancellation.
  4. All cancellations that are made between 31-40 days prior to the course start date, are subject to a 75% cancellation fee, based upon the full course fee (+ VAT), which must be paid in full upon cancellation.
  5. All cancellations that are made between 41-50 days prior to the course start date, are subject to a 25% fee, based upon the full course fee (+ VAT), which must be paid in full upon cancellation.

4. Re-scheduling courses or exams:

  1. Re-scheduling courses or exams with less than 30 days’ notice prior to the course start date, will result in a 75% charge of the full value of the course booked, in addition to the prior invoice inclusive of VAT.
  2. Re-scheduling courses or exams between 31-40 days prior to the course start date, will result in a 50% charge of the full value of the course booked, in addition to the prior invoice inclusive of VAT.
  3. Re-scheduling courses or exams between 41-50 days prior to the course or exam start date, will result in a 25% charge of the full value of original booking, in addition to the prior invoice inclusive of VAT.

5. Refunds:

  1. When a refund is issued to the Client by Xacom, the refund may take up to a maximum of 20 working days to be processed. Refunds will be processed using the same payment method that the original payment was made. Deposits and banking fees are non-refundable.
  2. Xacom will not be liable for any fluctuation in exchange rates or bank charges for overseas refund transactions.
  3. Course examination vouchers are non-refundable.
  4. Where a customer has outstanding monies, any refunds granted will be offset against any outstanding monies.

6. Changes to Courses:

  1. Xacom reserves the right to change any part of a published course, if this is caused by circumstances beyond our control. Xacom reserves the right to cancel or reschedule any course and will advise the Client as soon as the change is known. Xacom will use all reasonable endeavours to avoid changes of this nature.  For any courses that are rescheduled due to unforeseen circumstances (such as trainer sickness/ low course attendance), every endeavour will be made to provide a replacement trainer or to reschedule the course and we will offer Clients a variety of options to pursue their training programme; however, should the offered alternative not be an acceptable option for the Client, a full refund will be issued.
  2. Contents of course timetables are intended for general guidance only and serve as an advisory purpose only. Any typographical errors including pricing or omission in any website, sales literature, administrative documentation, course materials, or other documents are subject to change without any liability on the part of Xacom.
  3. The course information, including the course, date, and venue, pre-coursework, maps and directions, will be advised upon the receipt of payment, in the form of joining instructions. Xacom reserves the right to change the venue, for circumstances that are beyond our control, and will advise the Client as soon as the change is known. Xacom cannot be held liable for out-of-pocket expenses due to cancellations or alterations to the course venue, that are out of our control.
  4. For all Residential training courses, we will make best endeavours to ensure your accommodation is at the same location as the training course, however, this might not always be possible. In this instance, we will source your hotel accommodation as close to the training course venue as possible, usually within walking distance. 

7. Course Materials:

If for any reason (including but not limited to transit delays beyond the control of Xacom) courseware does not arrive on time for the course we will commit to replacing it at the earliest opportunity and make best endeavours to make temporary materials accessible, as required, to continue the learning programme. Refunds will not be granted for transit-related delays beyond the control of Xacom.

8. Non-Attendance:

Non-attendance of any course, regardless of delivery type (classroom, e-learning, virtual, onsite), for any reason whatsoever is deemed to be a cancellation without notice and payment is due in full. A multiple course booking is when more than one course is confirmed that may make up part of a certification e.g., APMG EVM Foundation, APMG EVM Practitioner, APMG PPC Foundation, APMG PPC Practitioner etc. Part attendance of a Course is when a Client does not continue to the full course completion. In this situation the Client will not be entitled to any refund for courses or part of courses that were not attended, this will be deemed as non-attendance.

9. Course Suitability:

  1. The booker accepts that it is their responsibility that the course booked is suitable for the requirements and abilities of the clients attending. Xacom’s employees may recommend courses or learning solutions, however, the assessment and the final decision concerning the suitability of the course is the Client’s responsibility. In cases where we have made recommendations, we do so in good faith and will not be wilfully misleading.
  2. All public and onsite training courses are delivered only in English unless specified otherwise and all Clients must be sufficiently proficient in the English language prior to attending the course.

10. Admission:

Xacom reserves the right to refuse admission to any person whom it considers in its absolute discretion to be unsuitable for the training programme.

11. Booking on behalf of the Client:

In all cases the booker must bring these terms and conditions to the attention of Clients attending the event, if booking on their behalf. It is the booker’s responsibility to ensure that the Clients receive all the relevant information including the joining instructions, course and venue updates and that they meet the eligibility and published prerequisite requirements.

12. Onsite Training on a Client Specified Site:

It is the Client’s responsibility to provide all facilities, equipment, and setup required for the trainer to deliver the training. Xacom reserves the right to cancel or discontinue the course if, in the Trainer’s opinion, the venue, equipment, or conditions are unsuitable.

13. Onsite and Trainer Expenses:

  1. Trainer expenses for private, onsite, or closed courses will be charged as agreed at the time of the course booking, as stated on the Booking Form.
  2. A fixed rate for the training expenses will be applied. An example of expenses can be viewed in our Onsite Training Expenses Policy.

14. E-Learning, Online Learning:

  1. Course enrolment, fees, and log-in credentials are strictly non-transferable, non-cancellable, and non-refundable. Fair Usage Policy and Intellectual Property Rights apply to the access of study materials and prohibition of material dissemination.
  2. Xacom reserve the right to restrict access based on operational requirements including bandwidth consumption to ensure fair access to all learners. Access to e-learning/online products is granted for a 6-month period from the date of purchase. If an alternative term or extension has been purchased, the validity still starts from the date of purchase. If you require an extension, please contact info@xacom-pc.com to obtain an extension quotation. 
  3. Whilst Xacom endeavours to ensure that the information on the online platform is correct, we do not warrant the accuracy and completeness of the materials on the site and we make changes to the e-learning/online content from time to time, without notice. Xacom reserves the right to change or alter course content from that which is published to maintain the high quality of the learning. All e-learning examinations are valid for 30 days after the course’s conclusion.

15. Copyrights:

All intellectual property rights for all course materials shall remain the property of Xacom. The Client agrees not to reproduce, disseminate, sell, hire, lend, or copy the course materials or use them except for the purpose of personal reference. Xacom warrants that it will not knowingly include any copyright material in its course materials without licence, consent, or attribution.

16. Intellectual Property:

  1. The website, including content, design, organisation, layout, and software code are subject to copyright and intellectual property rights that are owned by Xacom.
  2. The re-use of illustrations, photographs, diagrams, or videos featured on The Xacom’s website, without attribution, is prohibited under all circumstances. The deletion or alteration of proprietary rights, including copyright and trademarks, is prohibited under all circumstances.
  3. All products and services of Xacom without limitation are protected by international copyrights, trademarks, and are subject to intellectual property rights. Therefore, all intellectual property belongs to Xacom, its related companies, its affiliates, or suppliers.
  4. The use of Xacom’s name or logo is prohibited under all circumstances unless prior written consent is obtained from the Company.
  5. The Xacom does not accept responsibility for intellectual property used during any training provided that does not show an affiliation to Xacom. Any intellectual property used in a training course, including the course itself, is protected by limitations laid out in international copyright law, and is subject to intellectual property rights.
  6. If we are making a bespoke course, we require a predefined specification to adhere to. In the absence of such predefined specifications, we will adhere to our own guidelines of what we view as “fit for purpose”. If no specification was provided, Xacom shall not be held responsible for any losses incurred as a consequence of the provided service.
  7. You may not copy, sell, reproduce, distribute, download, modify, display, or prepare derivative works based on, repost, transmit, or otherwise use any of the intellectual property of Xacom’s website or course materials. The information on this site is provided “as is” and without any warranties.
  8. Xacom does not accept responsibility of content of any third-party sites that may be referenced by Xacom. The following activities are strictly prohibited: use of robots, material dissemination, other automatic device, or manual process to monitor or copy the site of any of its content or the replication of this site to any server.

17. Warranty & Liability:

  1. Xacom’s liability for loss and damage shall be limited to a claim for damages. The maximum aggregate liability will be the charges for the course out of which the loss or damage has arisen. Xacom will not accept liability for personal injury that incurs during our training courses caused by the negligence of any third party. Xacom will not be liable for indirect, special, or consequential loss (including loss of anticipated profit or data), howsoever arising, even if it has been advised of such potential loss.
  2. Xacom will not be responsible for any damage resulting from any computer viruses arising from software installed on a Client’s computer systems.

18. Personal Belongings:

Personal belongings or items belonging to a Client that are brought into a training course by the aforementioned Client, are the sole responsibility of the Client. Xacom accepts no responsibility for the items or any loss or damage that may occur during the course.

19. Non-Solicitation:

For 12 months following either the invoice date or the date of course delivery, of any contract carried out for the Client by Xacom or an associate company of Xacom, the Client, will not directly nor indirectly employ or solicit for employment any employee of Xacom. If the Client breaches this clause, Xacom shall be entitled to recover from the Client a fee of 50% of the gross annual salary of the employee of Xacom solicited for employment.

20. Assignments:

Xacom may assign its interests in all or part of this agreement. The Client may not assign or transfer this contract without the express written permission of a Director of Xacom.

21. Deviation:

No deviation from these terms and conditions will be allowed without the express written permission of a Director of Xacom. No communication either verbal or printed on our websites will override these Terms and Conditions. If, in any case, any of these conditions shall be held to be invalid or shall not apply, the contract and the other conditions shall remain in force and effect. These Terms and Conditions override all terms raised on a PO by a client.

22. Force Majeure:

  1. Xacom shall not be in breach of this contract if the provision of services are delayed or cancelled or reduced through any circumstances beyond its reasonable control, including acts of God (including but not limited to, fire, flood, earthquake, storm, snow, hurricane, or other natural disaster), sickness, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout, or interruption or failure of electricity or telephone service.
  2. Clients must ensure that they can attend the training courses that they are scheduled to attend. Xacom will not be held liable, financially, or, for their non-attendance, whatsoever the reason may be.

23. Privacy Policy:

  1. Xacom is committed to maintaining your privacy and the use of your personal information. If at any stage you have a question regarding the personal information that we hold on file, please do not hesitate to contact us.
  2. Xacom will not disclose personal information to a third-party organisation unless we have your prior consent to provide this, or you have opted to allow the use of your personal information in the pursuit of performance and delivery of our service to you. If the request for your personal information is for a legal purpose, this we would class as an exception, but only after we have 100% fully verified the name or organisation requesting your personal details.
  3. It is our commitment not to collect personal information from Clients visiting our website unless they have voluntarily submitted their personal information via one of our contact forms that requires information that could be based on an enquiry or to book onto a training course. If you start to complete a contact enquiry form and decide not to finish, partial details are stored from where Xacom may use this information to contact you, only to discuss your initial enquiry that was started but not finished. From time to time, Xacom may contact you to inform you about a specific future training programme. Visitor IP addresses may be seen by Xacom and on some occasions, the provider’s host name but this information will not disclose your identity.

24. Recording of Xacom’s Employees or associates

  1. The monitoring or recording of any Xacom employee is not permitted under any circumstances
  2. Clients are not permitted to take any video/photography/audio during the course without prior written consent of Xacom and its Clients, failure to do so will be considered a direct breach of our terms of business and this matter would be taken very seriously.
  3. Clients are not permitted to take any video/audio during correspondence with Xacom’s employees without prior written consent of Xacom and its Clients, failure to do so will be considered a direct breach of our terms of business.
  4. Xacom will not take photographs, videos, or any audio recordings of you during a course and will not use this material for Xacom’s own marketing purposes without your prior consent.

25. Security and Encryption:

  1. We use the highest level of security and encryption methods available for processing payments online. We also strictly adhere to best practices of data protection. That means your payment details are as secure as they possibly can be when making a purchase with us.
  2. Xacom shall implement reasonable measures to ensure that correspondence and machines used during training events are free from viruses and potentially harmful malicious software.
  3. Xacom makes no warranty for the reliability, protection, or virus-free nature of the material that is downloaded from our website.

26. Confidentiality

  1. All Client and Company information that is disclosed to Xacom will be kept confidential. Such information will not be disclosed by Xacom to any third party organisations or individuals, unless reasonably required for the performance of our service delivery, for example booking examinations.
  2. Such information shall only be disclosed to employees that require such knowledge to conduct their role at Xacom. Such individuals are subject to legally binding obligations of data protection and confidentiality.
  3. Xacom shall not be liable for the disclosure of any Client or Company information that is readily available in the public domain, or if dissemination is agreed in a legally binding written approval document. 

27. Exam Pass Guarantee

For certain courses, we recognise that the examinations are difficult. Hence, for certain courses we provide an “Exam Pass Guarantee” – applicable courses have this phrase explicitly stated on the course page. Xacom’s Exam Pass Guarantee offer is only applicable if you attend all sessions, complete all assignments, and sit the original exam within 30 days of completing the associated course. The Exam Pass Guarantee offer means that on the first attempt, you can re-sit the Course at no additional cost. The Exam Pass Guarantee does not provide you with the associated resit examination, an additional fee may be applied when you book the exam

28. Credit

Credit, where mutually agreed with Xacom to be left on a customer account, is non-refundable and must be redeemed within 6 months of the agreement date

29. Exams

  1. All Examination requests must be registered with Xacom’s Exam Booking Team within 30 days of the course’s conclusion.
  2. Exam bookings must be made a minimum of 10 days in advance of the chosen examination date – customers will receive their examination registration voucher 48 hours prior to their chosen exam date from the Examining Institute. Once the customer has selected and booked a date with the Examining Institute, the voucher can only be used for the chosen date.
  3. If a customer misses an examination due to reasons that are beyond the control of Xacom, such as technical issues, force majeure, or time management, a fee of £299 shall be applied should the customer want to pursue or retake the examination.