TERMS AND CONDITIONS OF ENROLMENT AT MITICOM LIMITED

1. TRAINING COURSES

(a) All of our training courses shall be carried out by suitably qualified personnel who shall be with you for the duration of your course except in circumstances beyond our reasonable control.

(b) In order to enroll on an Innovative Communicator Accelerator Programme  (“ICAP”) course, you must have the pre-requisite level of English in order to participate.  Therefore, you must contact Miticom prior to making a booking for the ICAP course in order to determine if you will need to attend one of our English courses beforehand. You will be required to complete an ICAP questionnaire prior to attending an ICAP course in order to help us with course planning.  You agree to use your best efforts to complete and return this by the date specified by us in order for us to plan the ICAP to your requirements.

(c) In respect of all other courses offered, you are responsible for ensuring the course is suitable for your requirements and you will be asked to complete an online assessment test prior to attending your course.  You agree to use your best efforts to complete by the date specified in order for us to plan the courses to your requirements.

(d) Prior to your arrival, we may provide you with a course planner that outlines a timetable and any other information as necessary.

(e)  Unless otherwise specified at the time of booking, all of our courses will be provided in venues of a 5 star (5*) rating in and around London.  We reserve the right to change venue for reasons beyond our reasonable control, and we shall use all reasonable endeavours to provide you with as much notice as possible.  In any event, the new venue will be of a substantially similar quality to the original venue.

(f) You must inform us immediately of any changes to the information that you provide when registering to ensure we can communicate with you effectively.

(g) Unless otherwise specified, all training courses run from Sunday to Saturday throughout the year.  Check in at your notified location shall be from 3pm onwards. If you require earlier check in, this may be possible but shall be subject to availability.

2. EXCURSIONS AND ACTVITIES

With the exception of our ICAP courses, if you have opted at the time of making your booking to attend one of our courses as a resident, then as part of your residential training course fee, we offer a range of local and city leisure activities to our students.  Some of these activities may incur additional fees in addition to the course fees and you agree that you shall be responsible for such fees in addition to the fees due under section 6 below. Your tutor shall explain in further detail your options upon arrival. It may be possible for non-residents to join the activities but shall be subject to availability and payment of the necessary fees.

3. STUDENT BEHAVIOUR

We reserve the right (without refund of fees) to ask you to leave in the event of any anti-social behaviour, unacceptable behaviour or criminal activity and we shall have no liability for any costs or expenses incurred by you as a result of such behavior and removal from the course.

4. INSURANCE

Prior to your arrival you agree to have in place all appropriate insurances for the duration of the course you attend.  At a minimum you agree to get insurance against travel, illness and cancellation.

5. VISAS AND TRANSPORT

You shall be responsible for ensuring you have in place all the necessary travel visas and documentation in order for you to attend the course and you shall be responsible for making all travel arrangements to and from our venue(s).

6. BOOKING AND PAYMENT

(a) All bookings are subject to availability and will be accepted by us and the rights and responsibilities in respect of cancellation will apply from the date at which a booking is made.  When making a booking you agree to pay the necessary fees and any other fees relating to the course (as may be the case under section 2 above) or in respect of any other services Miticom may offer.

(b) Bookings can be made by credit or debit card via our website (www.miticom.co.uk) or by telephone (+44 (0)800 195 5598) whereby payment shall be taken in full immediately.  Alternatively, you may opt to make a booking via a valid purchase order whereby you agree to timely issue a purchase order and agree to pay in full, immediately upon receipt of invoice.

(c) Once a booking has been accepted, all fees are non-refundable except as provided for below in section 7(b) below.

(d) All payments shall be made in British pounds sterling (£GBP) and all payments are exclusive of VAT for which you shall be responsible.

7. CANCELLATION AND TRANSFER POLICY

(a) CANCELLATION BY YOU.  Any cancellation must be made in writing to Miticom.  So long as you provide thirty (30) days or more notice prior to the commencement of your original course start date, you shall be entitled to defer your course to another date, so long as the new course starts within six (6) months of the date of the original course start date.  You may only transfer to a like-for-like course without incurring any additional costs and you may only defer once.

(b) CANCELLATION BY US.  We reserve the right to cancel training courses but will endeavor not to do so within ten (10) days of the start of your course.  If we have to cancel a course, our only obligation to you will be, at our discretion, either to reschedule the cancelled course within six (6) months or to refund in full the fees paid by you for the training course.  To the fullest extent permitted by law, we shall not be liable to you in contract, tort, negligence or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you as a direct, indirect, special or consequential nature arising from such a cancellation.

(c) CHANGES BY YOU.  Once you have made a booking any changes to a course not in accordance with section 7 (a) above will incur a £250 administration fee.

(d) CHANGES BY US.  We reserve the right to make any changes to our training courses, including information relating to course material, timings, dates and venue.

8. INTELLECTUAL PROPERTY

The course materials provided by us to you under this Agreement contain valuable intellectual property rights and all copyright and intellectual property rights in or relating to the course material is and shall remain the sole property of Miticom.  You understand and agree that the course materials may only be used solely for your own personal study purposes and you will not copy, decompile, disclose or publish such without our prior written consent.

9. DATA PROTECTION

For the purposes of this Agreement, Data Protection Legislation shall mean the Data Protection Regulation (EU) 2016/679 for the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, or “GDPR”) as well as any other applicable laws and regulations applicable to the purpose of this Agreement, including the Data Protection Act 2018.  We will access and process your data in accordance with applicable Data Protection Legislation and our privacy policy on our website.

10. WARRANTY

(a) Miticom warrants that the courses and any other services under this Agreement shall be performed in a professional, skillful and workmanlike manner consistent with industry standard.

(b) Except as provided above in section 10 (a), to the maximum extent permitted by applicable law, we do not make any representations or warranties of any kind, whether express, implied, statutory or otherwise.

11. LIABILITY

(a) Nothing in this Agreement will limit or exclude our liability for death or personal injury resulting from our negligence or limit or exclude our liability for fraud or fraudulent misrepresentation or limit or exclude any of our liabilities in any way not permitted by applicable law.

(b) Notwithstanding the foregoing, we shall not be liable to you in contract, tort, negligence or otherwise for any loss, damage, costs or expenses incurred or suffered by you as a direct, indirect, special or consequential nature arising from our performance under this Agreement.

(c) To the maximum extent permitted by applicable law, our total liability to you arising under or in connection with a booking under this Agreement shall be limited to the amount paid by you to us for the course giving rise to the claim.

(d) You shall be liable for any loss, damage or injury to Miticom or its appointed trainers or our property whilst attending a course and is due to negligence by you.

12. GENERAL

(a) You may not transfer any of your rights under this Agreement to any other person.  We may transfer our rights under this Agreement where we reasonably believe that your rights will not be affected.

(b) We may vary these terms and conditions from time to time.  Such revised terms will apply from the date of publication on our website.  You should check the terms regularly to ensure familiarity with our then current version.

(c) This Agreement together with our privacy policy contains the whole agreement between us and supersedes any prior discussions, arrangements or agreement that might have taken place in relation to the terms of this Agreement.  No purchase order or any other document that purports to modify or supplement this

Agreement will add to or vary the terms of this Agreement unless otherwise agreed to in writing by each party.

(d) The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no third party will have any right to enforce or rely on any provision of these terms.

(e) The illegality or invalidity of any part of this Agreement shall not affect the legality or remainder of the rest of the Agreement.

(f) Our failure to enforce any provision of this Agreement does not constitute a waiver of that provision and will not affect our right to enforce that or any other provision at a later date.

(g) This Agreement shall be governed by the laws of England and Wales and all disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the English and Welsh courts.