Terms & Conditions
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1. DEFINITIONS
In these conditions “the Customer” means the person, firm or company who commissions the services of Spark Developments “the Company”. By commissioning the Company to undertake work “the project” on their behalf, the Customer agrees that these Terms and Conditions of Trading define our working relationship. All projects, services or goods that the Company may be contracted to produce or provide for the Customer will be subject to the following conditions:
2. FEES
The customer will pay online through the website in advance of any services provided, For products or services the Customer will receive the exact cost outlining the project specifications for our time based on the Company’s current hourly rate and, where appropriate, any professional services commissioned by the Company in order to complete the project. Work will begin when the customer has paid and a date/time has been approved by the Company, and this will constitute an agreement. The Customer agrees to pay the Company in accordance with the terms specified with Wix.com or other payment merchant that has been used.
3. PAYMENT
Unless otherwise agreed in writing by the Company, all Customers are required to pay in advance online.
4. TIMESCALES, REVISIONS & ALTERATIONS
The company will make every effort to inform the customer of any changes in training schedules. Customers must attend as agreed in advance. Please notify us if you have scheduling issues and we will attempt to re-arrange. No refunds will be made available for customers missing sessions, unless otherwise agreed by the company.
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5. EXCLUSION OF LIABILITY
Under no circumstances what-so-ever shall the Company be liable for any indirect or consequential loss or injury, including loss of profits, without prejudice to the other provisions of these conditions. The Company’s liability shall not exceed the total of the contract fees for the project. The fees for any project are based on the assumption that the liability of the Company and Customer are as set out herein.
6. LIMITATION
The Customer will indemnify and hold the Company harmless for any loss or expense (including legal fees), and agree to defend the Company in any actual lawsuit, claim or action arising in any way from the working relationship. This includes but is not limited to claims made against the Customer and any of its products and services.
7. FORCE MAJEURE
Booking schedules, storage of files belonging to the Client will be established and adhered to by both Customer and the Company, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, industrial dispute or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority (including Pandemic situations such as the 2020 Corona Virus outbreak), and acts of God or other causes beyond the control of the Customer or the Company. Where booking schedules are not adhered to by the Customer, delivery date or dates for training will be adjusted accordingly by agreement of the company.
8. GENERAL
The validity and enforceability of this agreement will be interpreted in accordance with the laws of England but the Company reserves the right to bring proceedings in connection with this contract in any other court of competent jurisdiction. Failure by the Company to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition.
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