1. Definitions
In these Conditions the following expressions shall have the following meanings: “The Company” means Vestel Telecom Services “Goods” means the articles or things to be supplied by the Company to the Client under the terms of the Contract. “Services” means the services to be provided by the Company to the Client under the terms of the Contract and “Service” shall be construed accordingly. “The Client” means the person, firm or company with whom the Contract is made by the Company, whether directly or indirectly, through an agent or factor who is acting for or instructed by the Client or whose actions are ratified by such person, firm or company.
“Company’s Premises” means the premises mentioned in the Contract or if not so mentioned means the Company’s premises at: Vestel Telecom Services, 2069, 5th Street, Nehru Nagar, 13th Main Road, Anna Nagar, Chennai-600040, India. “Contract” means the contract between the Company and the Client under which the Services and/or Goods are to be supplied by the Company to the Client. “Invoice” means an invoice submitted by the Company to the Client in respect of training Services, consultancy Services or Goods. “Working Day” means every day of the week excluding Saturday, Sunday and statutory holidays.
2. General
These Conditions shall be deemed to be incorporated in all Contracts and in the case of any inconsistency with any order or letter, form of contract sent by the customer to the Company or any other communication between the Client and Company whatever may be their respective dates, the provisions of these Conditions shall prevail unless expressly varied in writing and signed on behalf of the Company.
3. Obligation to Provide Services and/or Goods.
3.1 Notwithstanding that the Company may have given a detailed quotation, no request for the provision of Services and no order for the supply of Goods shall be binding on the Company unless and until it has been accepted in writing by the Company and where the Service in question relates to the provision of training Services bookings will only be taken for a course where the Client has provided a valid purchase order number and a signed Booking Confirmation to the Company.
3.2 The Company’s catalogues, brochures, leaflets or other correspondence including but not limited to particulars published on the Company’s World Wide Web site are not binding and reasonable variations may be made to the Services without notice, and the Services and/or the Goods so varied shall be accepted as complying with the Contract.
3.3 Where the Services in question relate to the provision of training, the Company reserves the right to provide such Services at a location or locations other than the Company’s Premises and to provide training personnel of its own choice.
3.4 The Company reserves the right to cancel, curtail or re-schedule training courses or events without notice to the Client and without liability for financial penalty or compensation to the Client other than an amount limited to a refund of 100% of any course fees already paid by the Client in advance of the related course or event, or cancellation of the invoice, where credit arrangements have been established with the Company for the Client to pay post event.
3.5 The Company reserves the right to refuse or curtail any training Services if a delegate or substitute delegate attending on behalf of the Client fails to satisfy those requirements, or pre-requisites for such course notified by the Company to the Client prior to the commencement of such course.
4. Prices
4.1 The price payable for the Goods or Services shall unless otherwise stated in the Contract be the fee chargeable by the Company for such Goods or Services current at the date of the provision of the Goods or Services.
4.2 The course fee does not cover travel, meals or other related expenses.
4.3 All prices are exclusive of GST Tax and this will be charged at the appropriate rate.
5. Additional Costs & Intellectual Property Rights
5.1 The Client shall indemnify the Company against all costs claims and damages incurred or arising out of any alleged infringements of patents, trademarks, registered designs, design right or copyright occasioned by the provision of the Services where such Services are provided to the specification or special requirements of the Client and/or by the manufacture or sale of Goods made to the specification or special requirements of the Client.
5.2 All written information, drawings, diagrams, videos, software copies of same and audio tapes prepared by the Company in relation to the provision of the Services and the copyright therein shall remain the property of the Company and shall be returned by the Client on demand. All such information shall be treated as confidential and shall not be copied or reproduced or disclosed to any third party without the prior written consent of the Company.
6. Confidentiality
The Client shall ensure that its employees and all those under the Client’s control and supervision shall comply with the obligations of confidentiality contained at clause 5.2.
7. Terms of Payment
7.1 Unless otherwise agreed by the Company in writing payment for the Services shall be due in cash as follows:
7.1.1 where the Services in question relates to the provision of training Services payment shall be made in full no later than 7 working days prior to the commencement of the training:
7.1.2 where the Services in question relate to the provision of consultancy Services 50% of the payment shall be made no later than 7 working days prior to the date upon which the consultancy Service in question is to be provided and the balance on demand by the Company.
8. Conditions and Warranties Relating to Services
8.1 Any Conditions or Warranties (whether express or arising from conduct or a previous course of dealing or trade custom or usage) as to the quality of the Services are hereby expressly negated.
8.2 The Company may help Clients to specify or choose training Services, but the assessment and selection of the Client’s chosen training for the Client’s purpose remains the Client’s ultimate responsibility. The Company undertakes only that in giving such assistance it has acted in good faith and has not been wilfully misleading.
9. Limitation of Liability
9.1 Where the Contract relates to the provision of Services the liability of the Company to the Client for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price payable for the Services.
9.2 The Company shall not be liable for imperfect work caused by any inaccuracies on any drawing bills of quantities or specifications supplied by the Client.
10. Representations
No statement, description, information, warranty, condition or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of the Company shall be construed to enlarge, vary or override in any way any of these Conditions of the Contract.
11. Force Majeure
The Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in the provision of Services or as the case may be the supply of Goods through any circumstances beyond its reasonable control including, but not limited to, strikes, lock-outs, accidents or war, fire, reduction in or unavailability of power at manufacturing point, break-down of plant or machinery or shortage or unavailability or raw materials from normal sources of supply.
12. Cancellation and Refund
12.1 If a delegate withdraws from a course once that course has commenced or does not attend the first day of the course, then the Client shall pay the full value of the Course Invoice to the Company.
12.2 The Client may substitute delegates at any time upon notification in writing to the Company subject to any new delegate complying with the requirements for the course as notified by the Company to the Client.
12.3 Where a Client wishes to change the date of attendance, re-schedule attendance at a particular course, the Company will issue a Supplementary Fee Invoice, which will be an additional charge based on a percentage of the original invoice.
12.4. Vestel Telcom Services reserve the right to postpone the course , if minimum enrolment is not met for the course.
12.5 Full refund will be paid if registration is cancelled before 7 days from scheduled date. No refund will be provided thereafter.
13. Sub-Contracting
The Company may assign or sub-contract the whole or any part of the Contract to any person firm or company.
14. Proper Law
The Contract shall in all respects be governed by Indian Law and shall be deemed to have been made in England and the Client and the Company agree to submit to the exclusive jurisdiction of Chennai (India) Courts.
15. Legal
15.1 The information, data and images included in this Website have been compiled by Vestel Telecom Services and are subject to change without notice.
15.2 Vestel Telecom Services makes no warranties or representations, whatsoever, about the quality, content, completeness or adequacy of such information, data or images found on this Web site. Vestel Telecom Services shall not be liable for any special, incidental or consequential damages, including, without limitation, lost relocations, lost profits or loss of prospective economic advantage, resulting from the use or misuse of any file in this Web site or the information, data or images herein.
15.3 You may not reproduce or distribute any information or image from this Web site, in whole or in part, without the prior written permission of Vestel Telecom Services. Requests for permission of use should be requested in writing to our head office address, Vestel Telecom Services , 2069, 5th Street, Nehru Nagar, 13th Main Road, Anna Nagar Chennai-600040, India and should include your name, address and a description of the information which you would like to distribute and the intended recipients of that information.
15.4 This Web site may contain links to other (external) Web sites. When you access an external Web site, you do so at your own risk, and Vestel Telecom Services is not responsible for the content of those Web sites. These links are provided as a convenience, and the inclusion of such links does not imply that Vestel Telecom Services endorses or accepts any responsibility for the content or uses of such Web sites.
15.5 It is your responsibility to take precautions to ensure that whichever Web page you select for viewing is free from viruses and other items of a destructive nature. It is your responsibility to ensure that any page or Web site, which you select for viewing, is free from content that you may deem inappropriate.
15.6 Vestel Telecom Services is having registered trade mark with Indian trade marks registry. Product and company names mentioned on this Web site may be trademarks and/or service marks of their respective owners.