TERMS AND CONDITIONS

TERMS AND CONDITIONS OF SALE

 

Please read all these terms and conditions

 

Application

  1. These Terms and Conditions will apply to the purchase of Services, by you (the Customer or you) from Steffan Evans trading as Evotech Computer-Aided Engineering Limited (Evotech CAE Ltd) of 38 Higher Bank Road, Fulwood, Preston, Lancashire, PR2 8PE with the email address steff.evans@evotechcae.com telephone number 07968 439055 (the Supplier or us or we).
  2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.

 

Interpretation

  1. Customer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  2. Contract means the legally-binding agreement between you and us for the sale and purchase of the Services;
  3. Delivery Location means the premises or other location where the Services are to be supplied, as set out in the Order;
  4. Finite Element Analysis means analysis of areas that typically include structural analysis, heat transfer, fluid flow, mass transport, and electromagnetic potential. The finite element method formulation of the problem results in a system of algebraic equations that the Supplier will use to create a design specification in accordance with the Order;
  5. Order means the Customer’s order for the Services from the Supplier
  6. Services means any Services that we supply to you of the description set out in the Order and will consist of Computer Aided Engineering Design services.

 

Services

  1. In the case of Services made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
  2. In providing its Services, the Supplier will provide advice and specifications for designs by using methods of Computer Aided Engineering/Design and Finite Element Analysis.
  3. The Supplier will use all reasonable endeavours to provide the Customer with a full assessment of risks, highlight any issues and give warnings as appropriate but the Services are subject to clause 25 below.

 

Basis of Sale

  1. The description of the Services in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services.
  2. When an Order has been made, the Supplier can reject it for any reason, although the Supplier will try to tell you the reason without delay.
  3. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier’s delivery of the Services to the Customer.
  4. No variation of the Contract, whether about description of the Services, price or otherwise, can be made after it has been entered not unless the variation is agreed by the Customer and the Supplier in writing.

 

Price and Payment

  1. The price of the Services and any additional delivery or other charges for the Services, is the price that the Supplier may agree in writing and is included in the Supplier’s email to the Customer that confirms the Order.
  2. Prices and charges include VAT if appropriate.
  3. Payment must be made in accordance with clause 19 below within 30 days of a payment request being made by the Supplier.
  4. Payment must be made by BACS Payment, into the following account: Bank: HSBC, Account Name: Evotech CAE Ltd, Account number: 72632047. Sort Code: 403301 unless advised otherwise, in writing.

 

Delivery

  1. The Supplier will deliver Services to the Delivery Location within a reasonable time frame.
  2. In any case, regardless of events beyond our control, if the Supplier does not deliver Services within a reasonable time frame, you can (in addition to any other remedies) treat the Contract at an end if:
  3. The Supplier has refused to deliver the Services, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract that delivery on time was essential; or
  4. After the Supplier has failed to deliver on time, you have specified a later period which is appropriate to the circumstances and the Supplier has not delivered within that period.
  5. If you treat the Contract at an end for reasons referred to in clause 21 above, the Supplier will (in addition to any other remedies) return promptly all payments made under the Contract.
  6. You agree that the Supplier may deliver the Services in instalments, as long as there is a genuine and fair reason, subject to the above provision and provided you are not liable for extra charges.
  7. The Services will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the Services before accepting them.

 

Risk, Title and Liability

  1. All risk and liability associated with the Services will pass to the Customer when the Services are delivered.
  2. The Customer agrees that all Finite Element Analysis based work will only be used for initial design assessment or modification and will not replace physical testing against appropriate industry standards.
  3. The Supplier does not exclude liability for: (i) any fraudulent act or omission; (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. The Supplier will maintain Public Liability Insurance to this effect.
  4. Subject to clause 27 above, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) consequential loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession.
  5. Once the Services have been delivered, the Customer is at liberty to manufacture to the design specification provided by the Supplier or otherwise and both parties agree to be bound by clause 25 above.

 

Withdrawal and cancellation

  1. You can withdraw the Order by telling the Supplier before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

 

Circumstances beyond the control of either party

  1. In the event of any failure by a party because of something beyond its reasonable control;
  2. The party will advise the other party as soon as is reasonably practicable.
  3. The party’s obligations will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.

 

Confidentiality and Privacy

  1. The Supplier agrees to maintain the confidentiality of the Customer, all aspects of the Customer’s Order and the Services provided.
  2. The Supplier respects your privacy and complies with the General Data Protection Regulations with regard to your personal information.
  3. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy which can be found on our website https://evotechcae.com/privacy-policy/.

 

Intellectual Property Rights

  1. The Supplier will not retain any Intellectual Property rights in respect of any Services produced virtually, using Computer-Aided Engineering/Design or otherwise. All rights are owned by, and if necessary are assigned to, the Customer.
  2. Subject to Clause 35 above, the Supplier is entitled to retain a copy of the Services for marketing and advertising purposes only and will use best endeavours to avoid the infringement of, or interference with, the Customer’s Intellectual Property and agrees to be bound by clause 32 above.

 

Governing law, jurisdiction and complaints

  1. The Contract is governed by the law of England and Wales.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales
  3. The Supplier will aim to deal with complaints within 5 working days of being contacted by the Customer.
 

 

TERMS AND CONDITIONS FOR TRAINING AND EVENTS

 

Please read all these terms and conditions

 

1. These terms and conditions

1.1 Please read these terms and conditions carefully and make sure you understand them. They set out the obligations (the “Terms”) between you and Evotech Computer-Aided Engineering Limited (“Evotech CAE Ltd”, “We”, “Us”, or “Our”). The Terms explain what happens once you have placed an order, how to make payment, how you and We may change or end the contract, what to do if there is a problem and other important information. The Terms are only available in English.

1.2 You should retain a copy of these Terms for future reference.

1.3 These Terms cover the provision of the events that we organise, and which are available through https://evotechcae.com/ (the “Event”). Events may take place physically or virtually.

1.4 You may contact Us by e-mailing Us at info@evotechcae.com between 9am and 5pm, Monday to Friday (excluding public holidays in England).

1.5 If We have to contact you We will do so by telephone or by writing to you at the email address or postal address you provided to Us at the time you made your booking.

1.6 When we use the words “writing” or “written” in these terms, this includes emails.

 

2. Our contract with you

2.1 Any description, advertisement, documentation issued by Us and any description contained on the Evotech CAE Ltd website or any catalogues relating to the Event are issued and published for the sole purpose of giving you a general idea of the Event, its content and objectives. Subject to any obvious error, the description and price of the Event will be as quoted on the website at the date your booking is made. All payments under these Terms shall be in UK pounds sterling.

2.2 Upon submitting a booking for a place or places on an Event, whether online, in writing or by telephone, You will be given confirmation of Our acceptance of your order (a “Booking Confirmation”) whether verbally, in writing or both.

2.3 A Booking Confirmation or attendance at the Event (where the Booking Confirmation has not been received prior to the Event) brings into existence a legally binding contract based on these Terms between you and Us.

2.4 Where you are not a consumer, you acknowledge and agree that you have authority to bind any business on whose behalf you have purchased a place or places on an Event.

2.5 Where you are not a consumer, these Terms and any document expressly referred to in them constitute the entire agreement between you and Us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to its subject matter.

2.6 Where you are not a consumer you acknowledge and agree that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

2.7 Where you are not a consumer, you and We agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this contract.

 

3. Price and payment

3.1. You must purchase the Event(s) by paying the appropriate fees as set out on the website. Payment can be made through Bank Transfer or PayPal.

3.2 Unless you are booking an Event online, an invoice for payment of the appropriate fees shall be sent to the address you provide (whether a physical address or an email address) at the time of booking and it is your responsibility to ensure the address provided is correct.

3.3 You are required to ensure that any invoice is paid within 30 days of the date on the invoice.

3.4 Attendance at the Event before We receive payment will form a legally binding contract in accordance with clause 2.4.

3.5 Where you do not pay the appropriate fees in accordance with this Clause 3 or Clause 6.1(b) ii) this will constitute a breach of this contract and, without prejudice to Clause 3.6, We may refuse you and your delegates entry to the Event.

3.6 We may take legal action in order to recover any outstanding fees.

3.7 Without prejudice to Clause 3.6, We may refuse or cancel future bookings where payments for an Event under these Terms remain outstanding.

 

4. Our rights to make changes

4.1 We reserve the right to change venues (within the same city) and substitute trainers and consultants at Our discretion.

 

5. About the Event(s)

5.1 The Event(s) shall take place on the date and at the venue set out in the Booking Confirmation unless otherwise changed in accordance with Clause 4.1. We shall use our reasonable skill and care to deliver the Event and comply with the information you have been provided about it.

5.2 Any materials provided for or during the Event are protected by Copyright (except where clearly stated otherwise). Re-use of the training materials is permitted in accordance with the terms of Clause 10 below.

 

6. Cancellation, Transfer or Postponement

6.1 You can cancel or transfer your booking in the following circumstances:

  • (a) Where you are a consumer, you have the right to cancel within 14 days of receiving the Booking Confirmation (the “Cancellation Period”). Where you have given consent to the Event taking place within the cancellation period, you will lose your right to cancel your booking on the Event
  • (b) You have the right to transfer to another Event providing you give us at least 14 days’ notice. However, we cannot guarantee availability on your replacement Event. Where We agree to the transfer:
    • i) your original acceptance of these terms and conditions will also transfer
    • ii) and the appropriate fees for the replacement Event are less than the Event you originally booked, We will refund the difference in accordance with clause 6.4
    • iii) if the appropriate fees for the replacement Event are more than the Event you originally booked, We will send a revised invoice for payment to the address which you will provide when making the request to transfer (whether a physical address or an email address). You should pay the invoice in accordance with Clause 3.1 (a), (b) or (c).
  • (c) Outside of the Cancellation Period detailed in clause 6.1 (a) you have the right to cancel your Event booking up to 14 days before the date of the Event and refunds will be made in accordance with clause 6.4
  • (d) You have the right to cancel your Event booking where there is a change in venue made pursuant to Clause 4.1
  • (e) Where You or other delegates are unable to attend, substitute delegates can be accepted at no cost.

6.2 You may only cancel your Event booking in writing using the details provided in clause 1.4. When contacting Us, please provide your name, address, details of the order, phone number and email address.

6.3 Your rights if We cancel an Event.

  • (a) Wherever possible, we will contact you in advance to tell you We will be cancelling an Event, unless an emergency requires Us to cancel the Event on the day.
  • (b) We reserve the right to cancel or postpone Events if there are insufficient delegate numbers to ensure a high-quality training experience or if a trainer is ill.
  • (c) In the event that We cancel or postpone an Event, We will offer you a place on the next available Event. Alternatively, you may ask for a refund which shall be made in accordance with Clause 6.4 (b).

6.4 How We will refund you.

  • (a) Where an Event is cancelled pursuant to 6.1(a), (c) or (d) and in accordance with Clause 6.2 you shall be entitled to a refund of the fees for that Event within 14 days beginning with the day on which We agree that you are entitled to a refund.
  • (b) Where an Event is cancelled pursuant to Clause 6.3(c) We will refund your fees for the Event but not any other expenses (for example; hotel or rail fares). Your refund of Event fees will be paid within 14 days beginning with the day on which We agree that you are entitled to a refund.
  • (c) Where you transfer to a replacement Event pursuant to clause 6.1(b) and the fee is less than the original Event, We will refund the difference as soon as possible but in any event within 14 days beginning with the day on which We agree that you are entitled to a refund.

 

7. Attending the Event

7.1 You must attend the Event on time, unless you have been authorised to attend later (authorisation must be proven in writing); and

7.2 You must behave in an acceptable and safe manner as deemed by the trainer; and

7.3 You must not behave in a manner in which you may cause physical or psychological harm to anyone; and

7.4 You must not be a nuisance or the cause of any disruption at the Event; and

7.5 You must comply with the Health and Safety Policy of the venue and any request made by us or the venue with regards to the Health and Safety Policy; and

7.6 You must not bring any dangerous or hazardous items to the Event; and

7.7 You must not cause any damage to any part of the venue or its contents, inside or outside the venue. You are solely liable for any damage caused by you, your employees, contractors, sub-contractors and agents to any such area of the venue and shall fully reimburse us in relation to any damage so caused; and

7.8 You must keep your personal belongings with you at all times and we accept no liability for any damage, loss or theft of any of your belongings or other items brought to the Event.

7.9 Failure to comply with this clause may result permanent expulsion from the Event with no refund.

 

8. If there is a problem or you have a complaint

8.1 If you have any questions or complaints about the booking process or an Event, please contact Us using the details in clause 1.4.

 

9. Summary of your legal rights

9.1 Whilst every effort is made to ensure that Our Events are relevant and topical they are not tailored or bespoke for specific businesses or individuals and therefore all warranties for fitness for purpose and all other express and implied warranties are excluded to the fullest extent lawfully permitted.

9.2 Nothing in these Terms limits or excludes Our liability for:

  • (a) death or personal injury caused by Our negligence
  • (b) fraud or fraudulent misrepresentation.

9.3 Our liability to you shall be limited to the price you have paid for the Event and, subject to Clause 9.2 and 9.4, We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract, for:

  • (a) any loss of profits, sales, business, or revenue
  • (b) loss or corruption of data, information or software
  • (c) loss of business opportunity
  • (d) loss of anticipated savings
  • (e) loss of goodwill
  • (f) any indirect or consequential loss.

9.4 If We are providing Events at your business premises, We will make good any damage to your property caused by Us while doing so. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover while providing the Event.

 

10. How We may use your personal information

10.1 We will use the personal information you provide Us:

  • (a) to deliver the Event to you
  • (b) to process your payment for the Event
  • (c) to give you information about any of the services we offer, but you may stop receiving this at any time by contacting Us using the details provided in Clause 1.6.

10.2 Your personal information will be processed in line with Data Protection Legislation and in accordance with Our Privacy Policy which is hereby incorporated into this Agreement. Our Privacy Policy can be accessed at https://evotechcae.com/ or provided on request.

“Data Protection Legislation” means the Data Protection Act 1998, and from 25 May 2018, the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016), and any legislation which amends, extends, consolidates, re-enacts or replaces same, including any additional legislation or regulations that may be made pursuant thereto from time to time.

10.3 Evotech CAE Ltd attaches significant importance to the evaluation of its services. It will evaluate services following delivery based on completed evaluation forms. Evotech CAE Ltd agrees to share the outcome of that evaluation with you. In addition, Evotech CAE Ltd or its research contractor may approach you to carry out a further evaluation of the impact of the training at a later date.

10.4 We will only share your personal information with third parties where the law requires Us to do so.

 

11. Permission to use content

11.1 The Event and all intellectual property rights in it including but not limited to any content are owned by us, our licensors or both (as applicable). Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit

11.2 You may use the Event materials for your personal use only and may not reproduce, publish or deal with such materials in any way for any commercial use.

 

12. Other important terms

12.1 If you have any disability or medical condition that requires us to make special arrangements for you or any special dietary requirements, please email us as soon as possible, at least 7 days prior to the date of the Event using the details in Clause 1.4.

12.2 We may wish to photograph or film the Event and reserve the right to do so for the purposes of promoting future Events. You consent to us (or any other person attending the Event) photographing or filming you and any persons attending the Event with you.

12.3 You may not photograph or video the Event without our prior written consent.

12.4. If you have any queries about the Event, please contact the Us using the details provided in Clause 1.4.

12.5 Any notice or other communication given by you to Us, or by Us to you, under or in connection with this Contract shall be in writing and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service or e-mail.

12.6 We may transfer this agreement to someone else. We may transfer Our rights and obligations under these terms to another organisation. We will inform you in writing if this happens and We will use reasonable endeavours to ensure that the transfer will not affect your rights under the contract.

12.7 Nobody else has any rights under this contract. This contract is between you and Us. No other person (including delegates whom you have booked places for) shall have any rights to enforce any of its terms.

12.8 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.9 Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that you do anything you are required to do under these terms, or if We delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent Us taking steps against you at a later date. For example, if you miss a payment and We do not chase you but We continue to allow you to attend the Event, We can still require you to make the payment at a later date.

12.10 Which laws apply to this contract and where you may bring legal proceedings.

(a) These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation of the contract between Us (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

(b) We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or its subject matter or formation (including non-contractual disputes or claims).