Terms & Conditions - On-Site Training

These terms and conditions apply to the supply of on-site training services by Presidian Legal Publications ("Presidian") to the client (“Client”).

1. 

Fees and payment

The fee for the training will be as quoted at or about the time of registration.  Quotes will be for a specified number of participants.  Fees may vary if the number of participants is more than 5 above the specified range.  Payment for delivery of the relevant course (“Course”) must be received 30 days prior to the Course delivery date. Credit card payments attract a 2.5% surcharge.

2. 

Bookings & cancellations

(1)

Cancellations must be in writing. Subject to sub-clause (2), cancellations by the Client shall be subject to the following cancellation fees (as a percentage of Course delivery fee):
- up to 30 days prior to Course delivery – 2.5%;
- 30 to 15 days prior to Course delivery – 25%;
- 14 to 2 days prior to Course delivery – 50%;
- less than 2 days prior to Course delivery – 85%.

(2)

If flights and/or accommodation for the Course presenter have been booked prior to any cancellation by the Client, any non-refundable portion of these costs will be payable by the Client in addition to any cancellation fee referred to in sub-clause (1).

(3)

Presidian reserves the right to cancel a Course due to unforeseen circumstances in which case the Client will be entitled to a full refund.

3. 

Time, venue and catering

The Course running time will be from 9am to 4.30pm unless agreed otherwise by the parties.  The Course will be delivered at the Client’s premises or other venue nominated by the Client (“Venue”). The Client must ensure that the Venue is reasonably suitable for the purpose of delivering the Course. The Client shall be responsible for any catering at the Venue.    

4. 

Course content

Presidian shall determine the Course content.  Upon request, Presidian may tailor the Course content to meet specific requirements of the Client.

5. 

Not legal advice

(1)

Presidian is a provider of legal information – it does not engage in providing legal advice. Any training materials (“Materials”) provided, and/or statements made by the Course facilitator (including any responses made to specific questions posed by participants) ("Statements"), at the Course are not intended to be, nor do they constitute, legal or other professional advice. They are intended solely to provide generalised legal information. Various laws, provisions and issues will generally be omitted from Materials to ensure workshops and seminars can be delivered within suitable time-frames. Where any Statements are made in response to specific questions posed by participants, this is strictly on the basis that they are not legal advice but rather general legal information (as the facilitator has not had an opportunity to gather relevant factual information or give detailed consideration in the context of specific circumstances). If you require assistance or advice on specific issues, you should seek legal or other professional advice, as appropriate, before acting or relying on any of the contents of Materials or Statements. 

(2)

Without limitation on sub-clause (2), in the event that any Statements are deemed to be legal or other professional advice, you hereby agree and acknowledge that such advice is provided directly by the Workshop facilitator solely in his or her capacity as a lawyer or other professional advisor and as part of his or her practice of the law or other profession, as the case may be, under his or her relevant business trading name and is not provided by Presidian and is in no way connected with or delivered as a consequence of Presidian’s activities including where the Workshop facilitator undertakes work for, or is otherwise associated with, Presidian in another capacity such as author, contractor, officer, employee and/or agent.

(3)

In relation to this clause 5, Presidian contracts in its own capacity and as agent for the Course facilitator.

6.

Limitation of liability and indemnity

(1)

To the extent permitted by law Presidian and/or all other persons involved in the preparation, production and/or presentation of the Course and/or Materials ("Third Parties") including without limitation the Course presenter will be under no liability whatsoever to the Client in respect of any loss or damage (including consequential loss or damage) which the Client may suffer or incur (directly or indirectly) in connection with or as a result of the Course and/or this agreement ("Agreement") whether arising from any act or omission negligent or otherwise by Presidian and/or Its Contractors.

(2)

Without limiting sub-clause (1), if Presidian and/or a Third Party is/are rendered liable in any way in relation to, or arising from, the Course or this Agreement, such liability will, at the option of Presidian and/or the Third Party, as appropriate, and to the extent permitted by law, be limited to a refund of the fee charged for delivery of the Course.

(3)

In relation to this clause 6, Presidian contracts in its own capacity and as agent for the Third Parties.

7.

No warranties

(1)

Subject to sub-clause (2):

(a)

the Course and Materials are provided without warranties of any kind, either express or implied; and

(b)

any condition or warranty which would otherwise be implied in the Agreement is hereby excluded.

(2)

Where legislation or other law implies any condition or warranty in relation to this Agreement, and that law avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty is included or implied in the Agreement.  Presidian’s liability under any such condition or warranty will, at the option of Presidian and to the extent permitted by law, be limited to the fee charged for delivery of the Course.

8.

Severance

Every provision of this document is independent of the other and any provision, or part of a provision, which is prohibited or unenforceable will be ineffective to the extent only of such prohibition or unenforceability and the other part or parts of the provision (if any) and all other provisions of this Agreement will remain in force.

9. 

Governing Law

The laws of South Australia in Australia govern this Agreement and the parties expressly submit to the exclusive jurisdiction of the courts and tribunals of that State.

10. 

Entire Agreement

The Agreement supersedes all previous oral and written agreements or arrangements, if any, in respect of its subject matter and embodies the entire agreement between the parties.

11. 

Privacy

Presidian may handle your personal information in accordance with its Privacy Policy (available from its website).