We hope that you are very happy booking a course or class with Magenta Sky. We endeavour to make our course bookings as easy, friendly and flexible as possible so that you thoroughly enjoy your time with us!
However, to make sure that things are clear and straightforward, please find below our detailed terms and conditions for booking a workshop, class4u or distance learning course with us.
If you have any queries about booking a space on one of our courses and would rather speak to us! then feel free to email: email@example.com.
We will be only happy to help!
Now the serious stuff…
1. Basis of agreement 1.1.1 We consider these terms and the booking form to set out the whole agreement between you and us for the provision of the courses. These terms only apply to our contracts with consumers. 1.1.2 Please check that the details in these terms and on the booking form are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. 1.1.3 Please ensure that you read and understand these terms before you sign and submit the booking form, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 1.4. 1.2 If any of these terms are inconsistent with any term of the booking form, the booking form shall prevail. 1.3 The booking form is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion. 1.4 These terms shall become binding on you and us when: 1.4.1 we issue you with written acceptance of a booking form; or 1.4.2 we notify you that we are able to provide the course, whichever is the earlier, at which point a contract shall come into existence between us.
2. Copyright All training materials, tuition and education provided by Magenta Sky remains at all times the sole copyright of Magenta Sky and Susan Yeates. Legal action will be taken against any person(s) who infringe the copyright of Magenta Sky by distributing the information contained within our training materials and courses, or part thereof, either through reselling or distributing the information through any method, electronic or otherwise, including public performance of any kind.
3. Fees / Payment 3.1 Full payment of the course fees must be received prior to commencement of the course. Your place on the course cannot be guaranteed until full payment is received. 3.2 VAT is not applicable on course bookings. Magenta Sky is not VAT registered.
4. Minimum age requirement We cannot accept bookings from students under 16 years of age. You confirm that you are 16 years of age or over. If this proves to be incorrect we may terminate our agreement with you.
5. Methods of payment 5.1 Fees can be paid by BACS transfer or online through paypal. Payment by cheque is also accepted except in the two weeks prior to the course’s start date. Please make all cheques payable to Magenta Sky. BACS details will be provided on request. 5.2 Fees can be paid by cash if payment is made in person. 5.3 If your company or organisation is paying for the course fees and would prefer to be invoiced, please write to us on your company’s headed paper and send a company purchase order with your booking form. Payment is required within 30 days of the date of the invoice or as specified. Your place on the course is not confirmed until full payment has been received
6. Late applications 6.1 If there are places available on a course we will accept bookings right up until the course commences. 6.2 If you apply within five working days of the course commencing, we will email out your course confirmation and receipt. If, however, you have not received confirmation within 24 hours of your application it is your responsibility to check the status of your booking.
7. Cancellations by you 7.1. Where you are an individual not a company and you book your course otherwise than in person, you have the right to cancel your booking within 7 days starting on the day after the contract between us comes into force in accordance with condition 1.4 (“Contract Date”) unless the Contract Date is less than 7 days prior to the commencement of your course in which case you may cancel at any time up to the commencement of your course. Where you cancel your booking in accordance with this condition 7.1 you will be entitled to a full refund of any payments you have made in respect of the course. 7.2. In addition to the statutory cancellation rights set out in condition 7.1, the following apply: 7.2.1 Where you cancel your place on a live course or classes 4u booking more than 7 days after the Contract Date but up to one month before the course start date, you will be entitled to a refund of the course fees, less an administrative charge of £10 to cover our costs. 7.2.2 Where you cancel your place on a course more than 7 days after the Contract Date but within one month of the course start date you will not be entitled to any refund unless a replacement student can be found for your place. If a replacement student is found you will be entitled to a refund of the course fees, less an administrative charge of £10. 7.3. If you have booked a course within one month of its start date conditions 7.2.1 and 7.2.2 will apply. 7.4 Cancellation requests must be made in writing (email also counts). 7.5 Please note that refunds can take up to 2 weeks to process.
8. Cancellations by us 8.1 Please note that courses have minimum attendance levels and may be cancelled if too few bookings are received. 8.2 We reserve the right to:- 8.2.1 amend or cancel courses. 8.2.2 change course location. 8.2.3 Substitute the tutor. 8.3 If we cancel a course we shall endeavour to give you at least one week’s notice and you will have the option of transferring to another course or of having a full refund of the fees, which we will return to you within two weeks. 8.4 We will not be liable for any losses (including, but not limited to, travel and accommodation costs) arising as a consequence of any modification or cancellation of courses or time-tabling constraints as set out above and beyond the cost of the course fee.
9. Class postponement by us If a class is postponed for reasons for which we are responsible, including staff illness, we will make every reasonable effort to reschedule the class or to add the missed hours on to the remaining course classes. We apologise for this inconvenience and urge you to contact us if you have any concerns.
10. Transfers 10.1 You may transfer onto another course up to one week before the course start date. There is no cost for this alteration. 10.2.1 If you wish to transfer within one week of the course start date you will not be permitted to transfer unless a replacement student can be found for your place. 10.3 Students can transfer a maximum of two times. 10.4 Transfer requests must be made in writing. 10.5 You may not transfer to another course once your course has started
11. Substitutions 11.1 If you are unable to attend a course you are permitted to transfer your place to a substitute student up to one week before the start date. 11.2 We must be notified in writing of the substitute student’s name.
12. Non-attendance 12.1 Non-attendance at classes due to illness or for personal or professional reasons does not give rise to the right to refunds, extra tuition or a transfer. 12.2 However, in such an event we will consider all the circumstances and take such action that we consider to be fair and reasonable. 12.3 Please note that if alternative options are offered there may be an additional charge.
13. Events outside our control We shall not be liable for any failure or delay in the performance, in whole or part, of any of our obligations arising from or attributable to acts, events, omissions or accidents beyond our reasonable control including, but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or the workforce of any other party), acts of God, wars, riots, civil commotions, malicious damage, compliance with any law or governmental order, rules, regulations or directions, accidents, breakdowns of plant or machinery, fires, floods, storms, pandemics, epidemics or other outbreaks of disease or infection, or failure in the public supply of electricity, heating, lighting, air conditioning or telecommunications equipment.
14. Certificates 14.1 To achieve a certificate of attendance (where applicable) you must attend at least 80% of the course. You will be presented with a certificate at the end of the course. The name given on the booking form will be the one that appears on the certificate. Therefore the certificate of attendance is not a qualification. If you miss the last session due to reasons for which we are not responsible then a replacement certificate can be sent although you may be required to provide a stamped addressed envelope for this service. 14.2 To achieve the certificate as part of the distance learning course you must complete the assignments to a satisfactory level. 14.3 If for any reason you do not receive a certificate for reasons that we are responsible for then a replacement will be sent in the post free of charge.
15. Materials and equipment 15.1 The course fee usually includes the cost of basic materials, which will be provided. 15.2 Please see the course description in our brochure and website for details of the additional materials which you will need. 15.3 Failure to bring the required materials will delay your progress on the courses. 15.4 Unless otherwise agreed in advance, the course facilities are only available for use during the course hours and not at other times. 15.5 Where the materials pack is provided as part of the distance learning course this may be subject to variation depending on stock. Where an item is out of stock, we will replace this with an equivalent value item. 15.6 The materials pack is not included / posted out when the distance learning course is studied outside of the UK.
16. Student conduct Students are expected to conduct themselves in a professional manner and to recognise that other students also require support and assistance. If a student becomes persistently disruptive we reserve the right to offer a verbal or written warning and, if this does not resolve the situation, we may, at our discretion, require the student to leave the course and we may exclude the student from our premises.
17. Recording Due to copyright, and to respect other participants, the use of audio and/or visual recording is not permitted during any course.
18. Health & Safety Students are asked to wear appropriate clothing and footwear to practical classes. This will be discussed with you on the first day of your course or else will be referred to in the materials list. Students who fail to comply with health and safety rules will be unable to participate in practical classes.
19. Course location You will be advised of your course location in your booking confirmation letter or email
20. Assignment Except as set out in condition 12 you may not transfer any of your rights or obligations under these terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms to another organisation, but this will not affect your rights under these terms.
21. Data protection We will only use the personal information you provide to us to provide the courses, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information. We will not pass your data to third parties.
22. General 22.1 If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. 22.2 If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise any of our rights or remedies under these terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing. 22.3 A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. 22.4 These terms and conditions shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts.
Well done if you got all the way through that and please email firstname.lastname@example.org if you still have queries or have any questions about your specific situation.
We hope to see you on a course soon!