ATaC Training T&C's

Terms and Conditions 2023 v7

Summary of Terms and Conditions

If you have any questions relating to these terms and conditions, please contact our Training Administration Team by phone on 01283 505777, between Monday to Friday 08:00 – 17:00, excluding bank and public holidays in England and Wales or send an email to info@arca.org.uk 

We advise you to print off and keep a copy of these terms and conditions for your records. These terms and conditions do not affect your statutory rights.

• ‘ARCA’ means Asbestos Removal Contractors Association (ARCA).
• ‘ATaC’ means Asbestos Testing and Consultancy (ATaC).
• ‘Booking(s)’ means the Training course, Qualification, Competency Assessment, Seminar, Programme, eLearning or any other event provided by ARCA/ATaC or sub-contractors delivering on behalf of ARCA/ATaC.

• ‘Booker(s)’ means the individual or company representative completing the booking form to notify ARCA/ATaC of the candidate(s) attending the Booking(s) and to whom the confirmation of Booking(s) is sent to. This individual also has the authority to complete a Booking form on behalf of the candidate(s) and/or company.

• ‘Booking Form’ means the ARCA/ATaC booking form.
• ‘Booking Fee(s)’ means the cost of the Booking(s) and can include other costs related to fees that are payable to external bodies for candidate numbers, exam, registration numbers etc

• ‘Candidate(s)’ means the individual(s) attending the Booking(s).
• ‘VAT’ means UK value added tax.
• ‘Assessor(s)’ means the individual(s) assessing a Candidate(s) on behalf of ARCA/ATaC

Bookings

No Booking(s) is/are accepted without a fully completed booking form and must include a signature. Booking
Forms can be returned electronically, where the Booker(s) is unable to obtain a signature, then printing the
Booker(s) name into the signatory box will be confirmation of acceptance of these terms and conditions.

By completing the ARCA/ATaC Booking Form you confirm that the company or in the case of an individual
representing themselves, will cover the cost of the Booking(s).

If circumstances change, the Booker(s) can substitute a candidate up to the commencement of the Booking(s)
without charge. If possible, the Booker(s) should provide 48 hours or more advance notice prior to the
Booking(s) commencement.

It is the responsibility of the Booker(s) to provide purchase order numbers where their company requires them to
be provided.

Once a Booking Form is returned to ARCA/ATaC it is valid upon the Booker(s) receiving booking confirmation
via email, forming a contract between ARCA/ATaC and the Booker(s).

If the company the Booker(s) represents is eligible to receive CITB grants for short duration courses, all
mandatory fields of the booking form must be complete. Without this information ARCA will be unable to claim
the grant on the company’s behalf and cannot be held responsible for the company not receiving any CITB grant it is due.

Booking(s) confirmation and joining instructions

We will issue full joining instructions to the Booker(s), for Candidate(s) attending the Booking(s), which includes
information regarding the start time of the Booking(s). If the Booker(s) does not receive the joining instructions, it is their responsibility to contact us either by phone (01283 505777) or email (info@arca.org.uk) to arrange for
them to be re-sent.

IT Remote Based Training Courses – It is the responsibility of the Booker(s) / Candidate(s) to ensure they have
received the link in the joining instructions and registered prior to the training course date. Candidate(s) must
ensure they attend at least 15 minutes prior to the training course starting to check any IT issues.

Failure to attend the Booking(s) due to not receiving joining instructions will result in the full cost of the
Booking(s) being charged. It is the responsibility of the Booker(s) to ensure that the Candidate(s) is fully briefed
and made aware of these instructions and all Booking(s) requirements before attending the Booking(s).

All information provided is given in good faith and ARCA/ATaC will not be held responsible for actions taken by
the Candidate(s), any other individual or organisation because of the information provided during the Booking(s).

Price

A standard Booking(s) price is listed on the ARCA/ATaC website and can be provided by the Training
Administration team. ARCA/ATaC reserves the right to change prices listed without notice.

The price of a bespoke training course is as confirmed by us in writing.
Booking(s) prices do not include travel, accommodation or any other costs incurred because of or in connection
with a Booking(s).

Full information on whether the Booking(s) includes lunch will be detailed in the joining instructions.

Payment terms:

You will not be eligible to attend the Booking(s) until full payment is received.

If payment is not made prior to the candidate(s) attending the Booking(s) ARCA/ATaC reserves the right to
refuse admission until payment has been made in full.

For ARCA/ATaC Members:

Our ‘standard credit terms’ for ARCA/ATaC members will be on 30-day terms from the date of commencement of start date of the Booking(s).

We reserve the right to withhold certificates until full payment has been cleared.

For Booking(s) payments can be made in the following ways:

• Credit or debit card.
• Direct bank transfer to the ‘ARCA Ltd’ bank account, details of which are available through the Training Administration Team.

• Cheques by post made payable to ‘ARCA Ltd’.
• If you are a ‘Full Contracting Member’ of ARCA, using any subscription training credits that you have available.

For Non-Members:

Our ‘standard payment term’ is that payment is made at the time of booking unless otherwise stated.Non-members do not have standard credit terms with ARCA/ATaC.

We reserve the right to withhold certificates until full payment has been cleared.

For Booking(s) payments can be made in the following ways:

• Credit or debit card.
• Direct bank transfer to the ‘ARCA Ltd’ bank account, details of which are available through the training administration team.

• Cheques by post made payable to ‘ARCA Ltd’

Cancellations / Transfers / Substitutions / Refunds

Cancellation by ARCA/ATaC

ARCA/ATaC reserves the right at any time to:

• Cancel the Booking(s) and refund in full. No further liability will be accepted.
• To vary Booking(s) dates, trainers/assessors and venues.

ARCA/ATaC will endeavour to inform the Booker(s) as soon as possible of any Bookings(s) cancellation or variation.

Every effort has been made to ensure the accuracy of information contained within literature and materials including the Booking(s) description. However, we do not accept responsibility for any errors. ARCA/ATaC reserves the right to cancel any Booking(s) where such error has occurred, even after accepting the Booking(s).

Description and Booking Fee(s)

Although we make every effort to ensure the fees listed are correct, mistakes may sometimes be made. If a mistake is discovered in the price of the Booking(s) that you have booked prior to confirmation of your Booking(s), we will tell you and give you the option of either reconfirming your Booking(s) at the correct Booking Fee or cancelling your Booking(s). In this instance, if we are unable to contact you or we receive no reply from you your Booking(s) will be cancelled. ARCA/ATaC reserves the right to change Booking Fees listed without notice. ARCA/ATaC also reserves the right to refuse to supply to any individual or company. All Booking Fees are subject to the current VAT (valid exemptions only).

Candidates

The Booker(s) agrees to indemnify us in respect of any loss, damage or injury caused to the property of us, our employees or any third party by the conduct, act or omission of a candidate.

Candidate(s) must attend and complete all aspects of the Booking(s) to qualify for certification. The full cost of the course will be charged for candidate(s) who arrive late or are absent from all or part of the course. This applies even if they are refused admittance due to lateness.

Candidate(s) shall be required to bring one form of original photographic identification (photocopies/scans will not be acceptable), which is valid for at least 6 months.

Candidate(s) shall be required to comply with all the rules, procedures, policies and guidelines in place at the Booking(s) venue and/or our premises. Further details of relevant rules, procedures, policies and guidelines will be provided on the ARCA/ATaC website.

Candidate(s) are not allowed to bring the following onto our and any third-party premises:

• Alcohol / illegal substances.
• Any object that could be used to threaten or injure another person.

Candidate(s) that are not adhering to our Equality and Diversity Policy may at our sole discretion, be required to leave the Booking(s) and our premises (if applicable) immediately. ARCA/ATaC shall not be liable for any refund or compensation in such circumstances. If we consider that:

• A Candidate(s) is under the influence of alcohol or illegal substances, in possession of illegal substances, misusing legal substances, unsuitably dressed or behaving in a threatening, abusive or otherwise unacceptable manner; and/or
• A Candidate(s) is a risk to the health and well-being of themselves and/or others; such candidates shall be required to leave the Booking(s) and our premises (if applicable) immediately. Other than where a Candidate(s) is required to leave for a reason outside their reasonable control, ARCA/ATaC will not be liable for any refund or compensation in such circumstances.

Meeting the needs of Candidate(s)

To enable us to ensure that all Candidate(s) are treated fairly, and their requirements are fully met, you must advise us in advance of any special requirements that your Candidate(s) need in order to enable them to participate fully in the Booking(s).

Please note that we do not provide any specialist equipment and/or personnel such as signers or translators; however, these can be sourced at your own cost.

It is the employer's responsibility to ensure that Candidate(s) have the physical, communication, literacy and numeracy skills required to undertake the chosen Booking(s). Employers are also responsible to ensure Candidate(s) are free from any condition which would affect their capability to undertake their chosen Booking(s), and that they have the aptitude to cope with any intensive period of study on the Booking(s). We welcome Candidate(s) with disabilities, but it remains their employer's responsibility to ensure that they are appropriately supported in their workplace.

ARCA would welcome in advance, for setup purposes, notification of any assistance that a Candidate(s) is likely to need during the running of the Booking(s).

If the Candidate(s) doesn't meet the learning outcomes of the Booking(s) and is referred, they will be given a Training Needs Analysis assessment. Any further training over and above that provided on the Booking(s) may be charged for.

Attendance by a Candidate(s) on a Booking(s) does not, on its own, imply or confer competency in a candidate.

Additional Booking(s) Requirements placed upon ARCA/ATaC byAwarding Organisations

Additional Booking(s) requirements that are placed upon ARCA/ATaC, when delivering Training Courses,Qualifications, Assessments and other programmes by external Awarding Bodies will be stated in the schemeinformation within each Training Course, Qualifications, Assessment and other programmes,  before or after completion of the Training Courses, Qualifications, Assessments and other programmes.

These additional requirements placed upon ARCA/ATaC will be in conjunction with these Terms and Conditions.

Unforeseen Circumstances

We shall not be liable to you for any delay or for the consequences of any delay in performing our obligations under this Agreement if such delay is due to any cause or circumstance beyond our reasonable control (including, without limitation, strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident).

Limitation of Liability

Except in respect of death or personal injury caused by our negligence, we shall not be liable by reason of any representation (unless fraudulent) or implied warranty condition or other term, or any duty at common law or under the express terms of this agreement, for any loss of profit or any indirect special or consequential loss, costs, expenses or other claims for compensation. Our entire liability to you under or in connection with this agreement and the provision of the Booking(s) shall not exceed the sum of twice the contract value. Nothing in this paragraph is intended to exclude any liability on our part for fraud.

Intellectual Property

Each party confirms that it owns, or has all necessary rights in the use of, all intellectual property in relation to the Services and each acknowledges that such intellectual property shall remain the property of, or the rights in the use of shall remain with, the originating party, unless otherwise agreed in writing between the authorised representatives of ARCA/ATaC and the Booker.

Each party agrees to indemnify the other against any actions, costs, liabilities, losses, damages and expenses which the other may suffer or incur because of any claim by a third party in relation to ownership or use of any relevant intellectual property, provided by the other party.

General Data Protection Regulation (GDPR)

All personal data that you provide will be processed and stored in accordance with the Association’s GDPR Privacy and Cookies Policy which is available at http://www.arca.org.uk/arca-privacy-policy/ www.atac.org.uk/gdpr-privacy-cookies-policy/ 

Complaints

If you have any complaint about any of the services we provide, you should contact our Training Administration Team in writing via info@arca.org.uk.  

If you want to have your details removed from our marketing mailing lists, or to change your marketing preferences, please email info@arca.org.uk.  

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