Terms and Conditions

Terms and Conditions Policy

Terms and Conditions Policy

 Top Quintile Consulting Limited (hereafter referred to as the “Company”, “AgilityPAD”, “we”, “us”, and “our”)  we are a business agility transformation consultancy that helps businesses by providing coaching, consulting and training services.. We encourage prospective clients to read our terms and conditions (Also referred to as the Terms of the Service Policy), before making any purchases.

Definitions

  1. The “Company”, “AgilityPAD”, “We”, “Us”, “Our” – this refers to Top Quintile Consulting Limited a company registered in United Kingdom , with Company number 13753232 and registered office at 28 Cameron Road Bromley BR2 9AZ.
  2. “Client”, “Your”, “You” – this refers to the individual purchasing from AgilityPAD that intends to attend a training event either online or in person.
  3. “Booker” – this refers to the person making the booking with AgilityPAD, on behalf of a client attending the course.
  4. “The Website” – this refers to agilitypad.com.
  5. “Terms and Conditions/Terms of Service” – this refers to the terms of usage and conditions under which all purchases are pursued and the website is utilised.
  6. “Joining Instructions” – this refers to a set of instructions that are given to clients upon receipt of payment, regarding event-related details.
  7. Prices:
    • All pricing quotations are only valid for 14 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.
    • The published prices and quotations shared exclude VAT.
    • If VAT becomes applicable then these will be applied at the point of purchase and feature within the sales invoice. The rate of VAT will be as prevailing at the time of booking the event. 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 concerning the place of supply and the relevant tax legislation in the country of consumption. 
    • The published prices do not include any travel, accommodation or living expenses that the client may incur in attending unless specifically mentioned on the booking form. 
    • Details about exam fees, certification and membership fees can be reviewed at the details of the relevant courses online on www.agilitypad.com.
    • If a 3rd party vendor, certification body, or service provider alters their examination fee or material cost, AgilityPAD reserves the right to adjust the relevant training course prices to reflect such alterations.
    • Training event prices listed on correspondence, brochures, leaflets, and materials belonging to AgilityPAD 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.
    • In case Client requires a proforma invoice please email contact@agilitypad.com.
  1. Payments:
    • The course fee(s), including VAT as applicable, are payable in full immediately upon receipt of the invoice and/or at the time of making the purchase of the ticket on the Website. Clients wishing to make payments made from non-UK accounts or credit cards must be responsible for all bank charges about overseas transactions.
    • We use Stripe for payment, analytics, and other business services. Stripe collects and processes personal data, including identifying information about the devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection and prevention. You can learn more about Stripe and its processing activities via privacy policy at https://stripe.com/privacy
    • Without prejudice or distortion to alternative rights listed, AgilityPAD will impose a late payment charge of 5% 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.
    • All company credit card payments will incur a card surcharge of 3%, except for payments made via American Express, which will incur a surcharge of 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.
    • AgilityPAD reserves the right to refuse entry to a training event until the course fee is paid in full. Please also note that examination results and certificates will not be issued until the full fees has been paid. 
    • All administration fees for cancellations are payable immediately upon receipt of the invoice. The terms of this agreement override any other terms of business or purchase conditions put forward by the client.
    • 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 AgilityPAD’s Terms and Conditions, irrespective of a booking form having been signed. 
    • 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, AgilityPAD, such additional amounts as are necessary to ensure receipt of the full amount which that party would have received but for the deduction.
    • All payments must be received, regardless of payment terms, before an examination is issued or delivered by AgilityPAD.
    • It is the responsibility of the Client to ensure that the person that approved the purchase of a product, has the correct purchasing authority.
    • Payment has to be made in the currency the event ticket is advertised however if payment has to be made in any other currency then it is the responsibility of the Client to apply the relevant rate of exchange and AgilityPAD receive the amount in full as advertised, irrespective of the currency payment has been made.
  1. Cancellations
    • Cancelations made by AgilityPAD: AgilityPAD reserves the right to change any part of a published course; if this is caused by circumstances beyond our control. AgilityPAD reserves the right to cancel or reschedule any course and will advise the Client as soon as the change is known. AgilityPAD 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.
  • Client Cancellations
    • Except for instances provided under Clause 9, “Cancellations made by AgilityPAD”, the following cancellation fees will be imposed on all bookings, dependent on the number of days’ notice provided to AgilityPAD. If you need to make a cancellation, please notify AgilityPAD in writing to the following address – Top Quintile Consulting 28 Cameron Road Bromley BR2 9AZ or via email at contact@agilitypad.com
    • No-Show Policy

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.

Where AgilityPAD receives no cancellation notice from the customer prior to the start of the course, and the Client does not attend the training, the following will apply:

  • No refund of the course fee will be made. If payment has not been made, full payment plus any applicable interest charge will be due immediately.
  • The option to transfer is not available and a new course booking will need to be made and paid for.
    • Substitution Policy

A substitute can be named up to 2 working days prior to the course at no extra charge, except for the Agile Project Management(APM) and Lean Portfolio Management (LPM)  courses where at least 5 working days’ notice is required and a 5% charge will be applied to cover the cost of re-sending course materials. Please also note that for the latter, substitute Client must have the necessary pre-requisites in order to attend the course. Please check our website for more details.

  • Transfer Policy

AgilityPAD understands that circumstances may occur which require the Client to re-schedule training to another AgilityPAD training course. All transfers must be confirmed by email at contact@agilitypad.com and the following fees will apply immediately.

Public Courses (except Agile Project Management Courses and Lean Portfolio Management (LPM))

No. of days prior to course start date

First Transfer

Subsequent Transfer

More than 28 days

No charge

£50 + VAT

15 – 28 days

No charge

£100 + VAT

8 – 14 days

£200 + VAT

£200 + VAT

0 – 7 days

No option to transfer, unless in exceptional circumstances.

 

Public Courses Agile Project Management Courses and Lean Portfolio Management

No. of days prior to course start date

First Transfer

Subsequent Transfer

More than 28 days

No charge

£250 + VAT

15 – 28 days

£250 + VAT

£250 + VAT

0 – 14 days

No option to transfer.

No refund.

No option to transfer.

No refund.

  • Cancellation Policy

All cancellations must be confirmed by email and the following fees will apply immediately.

No. of days prior to course start date

Charge that applies

More than 28 days

No charge

15 – 28 days

50% of total course fee

0 – 14 days

100% of total course fee (no refund)

  1. Refunds:
    • When a refund is issued to the Client by AgilityPAD in accordance with clause 9 or as agreed in writing over email from contact@agilitypad.com, 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, fees charged to us by EventBrite and banking fees are non-refundable.
    • AgilityPAD will not be liable for any fluctuation in exchange rates or bank charges for overseas refund transactions.
    • Where a customer has outstanding monies, any refunds granted will be offset against any outstanding monies.
  1. Course Suitability:
    • The Booker accepts that it is their responsibility that the course booked is suitable for the requirements and abilities of the Clients attending. AgilityPAD’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.
    • 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 before attending the course.
  • 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.

  • 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. AgilityPAD reserves the right to cancel or discontinue the course if, in the Trainer’s opinion, the venue, equipment, or conditions are unsuitable.

  • Onsite and Trainer Expenses:
    • 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.
    • A fixed-rate for the training expenses will be applied. 
  • E-Learning, Online Learning (excluding all Scaled Agile Inc Courses)
    • 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.
    • AgilityPAD reserves 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 90 days 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@agilitypad.com to obtain an extension quotation. 
    • Whilst AgilityPAD 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. AgilityPAD 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.
  1. Copyrights:

All intellectual property rights for all course materials including graphics, code, text products, software, audio, music and design shall remain the property of AgilityPAD and for SAFe® Course these belong to Scaled Agile Inc or AgilityPAD’s third party course providers. No content, in whole or in part, of the AgilityPAD materials may be copied, reproduced, uploaded, posted, displayed, linked to, or used in any way without the prior written permission of AgilityPAD. Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of AgilityPAD, or in the case of material licensed to AgilityPAD or Scaled Agile Inc., the owner of the materials. AgilityPAD warrants that it will not knowingly include any copyrighted material in its course materials without a licence, consent, or attribution.

  1. Intellectual Property:
    • The website, including content, design, organisation, layout, and software code are subject to copyright and intellectual property rights that are owned by AgilityPAD.
    • The re-use of illustrations, photographs, diagrams, or videos featured on AgilityPAD’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.
    • All products and services of AgilityPAD without limitation are protected by international copyrights, trademarks, and are subject to intellectual property rights. Therefore, all intellectual property belongs to AgilityPAD, its related companies, its affiliates, or suppliers.
    • The use of AgilityPAD’s name or logo is prohibited under all circumstances unless prior written consent is obtained from the Company.
    • AgilityPAD does not accept responsibility for intellectual property used during any training provided that does not show an affiliation to AgilityPAD. 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.
    • 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 guidelines of what we view as “fit for purpose”. If no specification was provided, AgilityPAD shall not be held responsible for any losses incurred as a consequence of the provided service.
    • 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 AgilityPAD’s website or course materials. The information on this site is provided “as is” and without any warranties.
    • AgilityPAD does not accept responsibility for the content of any 3rd party sites that may be referenced by AgilityPAD. 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.
  1. Deviation:

No deviation from these terms and conditions will be allowed without the express written permission of a Director of AgilityPAD. 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.

  1. Force Majeure:
    • AgilityPAD shall not be in breach of this contract if the provision of services is 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 another natural disaster), sickness, war, invasion, an 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.
    • Clients must ensure that they can attend the training courses that they are scheduled to attend. AgilityPAD will not be held liable, financially or, for their non-attendance, whatsoever the reason may be.
  1. Discounts

All discounts given to Clients including but not limited to being a repeat Client or group discounts or corporate discounts or early bird discounts have to be agreed in writing over email via contact@agilitypad.com.

  1. Privacy Policy and GDPR Compliance:
    • AgilityPAD is committed to protecting the rights and freedoms of data subjects, and safely and securely processing their data in accordance with our legal obligations under the General Data Protection Regulations (GDPR) (effective from 25 May 2018).
    • Full details on AgilityPAD’s commitment and regulations under the GDPR, can be found in the following policies:

Privacy Policy (https://agilitypad.com/privacy-policy/)

  1. Recording of AgilityPAD’s Employees or associates
    • The monitoring or recording of any AgilityPAD employee/trainer is not permitted under any circumstances.
    • Clients are not permitted to take any video/photography/audio during the course without the prior written consent of AgilityPAD and its Clients, failure to do so will be considered a direct breach of our Terms and Conditions and this matter would be taken very seriously.
    • Clients are not permitted to take any video/audio during correspondence with AgilityPAD’s employees without the prior written consent of AgilityPAD and its Clients, failure to do so will be considered a direct breach of our terms of business.
    • AgilityPAD will not take photographs, videos, or any audio recordings of you during a course and will not use this material for AgilityPAD’s marketing purposes without your prior consent.
  2. Course Joining Instructions
    • Course Joining Instructions include, the following but not limited to these, venue details or Zoom link, course start/finish times, any course relevant handbook/material and trainer details. These are sent within 24 hours of the course starting time.
    • Based on the course/event this email will be sent either via contact@agilitypad.com or via a system generated email from Scaled Agile Inc. and may occasionally be blocked by some email providers. Please check your junk mail folder, and if you have not received any email with Joining Instructions, please contact us by calling or emailing us. Please see last page for contact details.
  1. Confidentiality
    • All Client and Company information that is disclosed to AgilityPAD will be kept confidential. Such information will not be disclosed by AgilityPAD to any 3rd party organisations or individuals, unless reasonably required for the performance of our service delivery, for example, booking examinations.
    • Such information shall only be disclosed to employees that require such knowledge to conduct their role at AgilityPAD. Such individuals are subject to legally binding obligations of data protection and confidentiality.
    • AgilityPAD 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. 
  2. Purchases made from REED.co.uk
    Under this policy, you may cancel your purchase of the course within the period of 14 calendar days from the date on which the contract of purchase is concluded. This is called a “Cancellation Period”. Note that if you redeem your voucher during the Cancellation Period, you expressly request us to begin providing the course materials and you acknowledge that you lose your right to cancel the purchase of the course and get any refund for it.
  3. Specific Needs

AgilityPAD aims to ensure that its courses are accessible to all. Should you have any specific requirements or queries, please don’t hesitate to contact us.

Contact details for the AgilityPAD team:

Telephone: +44 7887 378121

Course enquiries: contact@agilitypad.com

Invoice: info@agilitypad.com

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