Standard Terms and Conditions of Business

Intellectual Property Rights
Unless explicitly agreed otherwise in writing, ProfitAbility Business Simulations Ltd owns the intellectual property rights (IP) to all the training materials used in our programmes, and any client using our programmes acknowledges this ownership through deciding to use them. When new materials are developed on a client’s behalf, the copyright and other IP remain the property of ProfitAbility Business Simulations Ltd.  Any “Contract” or “Letter of Engagement” or “Licence to use” cannot be interpreted in any way as a sale of ProfitAbility Business Simulations Ltd IP.
 
Cyber Security
Profitability Business Simulations Ltd is committed to the practice of protecting systems, networks, and programs from digital attacks.  We are certified in Cyber Essentials, which is a Government-backed, industry-supported scheme to help organisations globally protect themselves against common online threats.
 
Safety
ProfitAbility Business Simulations Ltd shall not be held liable for any accident, injury, or damage that may occur while using our training materials, or while participating in training exercises. Our clients and partners must have adequate insurance or other protection for their employees.
 
Liability
ProfitAbility Business Simulations Ltd shall not be held liable for the consequences of any advice that may be given in the course of our discussions with a client, whether within or outside the training room. If for reasons beyond our control (e.g. illness or failure of transport systems) ProfitAbility Business Simulations Ltd should be unable to fulfil an obligation, we will not be held liable for any costs or damages of the client caused by postponement or cancellation of the event.
 
Payment
Fees for training courses and development work are due in accordance with the terms stated on the client Statement of Work or PBS Booking Form. Work will only begin, and dates are only confirmed, when one of these documents is signed by the client and sent to PBS. All discovery, design and development work is payable in advance unless otherwise agreed in writing. Where certain expenses are not known before the programme commences, these will be invoiced separately afterwards, and such an invoice shall be for immediate payment upon presentation. All invoices must be paid according to the Payment Terms, as stated on invoices as “payable by”. To cover the cost of late payments an extended credit charge of 1% is applied for each full week by which the payment is overdue. Application of this charge is at the sole discretion of ProfitAbility Business Simulations Ltd and does not affect the client’s continuing liability to pay the original invoice.
 
Cancellation of Training
Clients usually prefer to commit their time long in advance, and cancellations at less than 90 days’ notice usually make it impossible for us to re-sell the training time. The Client is liable for all agreed fees as well as the full cost of job-specific expenses, in the event of a Client cancellation within 31 days of the start of a training programme. The Client is liable for 50% of all agreed fees as well as the full cost of job-specific expenses, in the event of a client cancellation within 32 to 62 days of the start of a training programme.
 
Postponement of Training
While we try to accommodate clients’ wishes by rescheduling dates where possible, we ask clients to recognise that a postponement to them is usually a cancellation to ProfitAbility Business Simulations Ltd in terms of its effect on earnings. The Client is liable for 30% of all agreed fees as well as the full cost of job-specific expenses in the event of a postponement within 62 days of the start of a training programme. The revised date for the postponed training programme must be provided within 62 days of the date of the original training programme, otherwise this will be classed as a cancelled programme.
 
Cancellation of Agreement
The period of notice required to terminate this agreement will be 62 days’ notice given in writing by either party. In the event of termination of this agreement, Client shall pay ProfitAbility Business Simulations Ltd for all work completed up until the date of termination.
 
Customisation and Translation of Training Materials
To ensure a good match with internal accounting formats, the jargon of the business, and the primary concerns of management, the Client will give access to appropriate senior staff for some hours for initial discussions and may require further inputs. When programmes are running, we like to involve senior internal staff in the opening and presentation of programmes as appropriate.
 
Expenses
Venue is to be provided by client. All other expenses including accommodation, transport and sustenance are payable by client. Appropriate regional business mileage charges will be applied. (The UK rate is £0.55p per mile.) Standard class rail travel and fully flexible air travel are charged at economy fare rate within Europe and business class fare rate outside Europe. A standard rate is levied for delivery of materials and return of training kits.
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