Terms and Conditions

(All details are correct as of July 08, 2016)

General

1 About these Terms and Conditions

1.1 In these terms and conditions "we" and "us" means NEC, a division of Thomas Telford Limited (wholly owned by the Institution of Civil Engineers) and "you" means you the customer. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your order constitute the contract between us and you for the supply of products. No other terms and conditions shall apply. The contract cannot be varied unless we agree to vary it in writing or by email.

1.2 By accessing or using the NEC website you agree to be bound by the terms and conditions below.

1.3 In these Conditions:

1.3.1 Words importing the singular shall include the plural and vice versa, words importing a gender shall include all genders, and words importing persons shall include bodies corporate, unincorporated associations and partnerships;

1.3.2 Any reference to a statute, statutory provision or subordinate legislation is a reference to such legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation;

1.3.3 Any reference to a Condition is to a condition in these Conditions; and

1.3.4 Headings are included for ease of reference only and shall not affect the interpretation or construction of these Conditions.

1.4 General

1.4.1 Neither our failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.

1.4.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.

2 Data Protection and Privacy Policy

2.1 We understand the importance of maintaining and protecting your privacy. When you place an order we need to know certain vital information about you to process your order. This information includes: your name, home or company address, email address, delivery address, telephone number, credit card number and expiry date. This information is given in a secure area. This information is required to process and fulfill your order and to notify you, if necessary, about the status of your order (e.g. if a particular product is out of stock). Your telephone number is required so that we can contact you quickly if necessary, for example, if there is a problem with your order.

2.2 We ask for details of your email address when you register for My NEC. We may use your email address to contact you. If we are unable to contact you by email then we may contact you by any other suitable method reasonably available.

2.3 We use the information we hold about you to monitor the use of the NEC website and to keep records of traffic flows to the site. We may also use the information we collect to notify you about functionality changes of the service and new products and services in areas that are of interest to you, unless you have indicated otherwise.

2.4 "Cookies" are small pieces of information stored on your computer's hard drive by your web browser. The cookies that we use contain no personal information that could be used to identify you and are used only as part of the shopping service we provide - such as the storage of titles in your shopping basket between visits. It is possible to configure your browser so that cookies are not used automatically but this may prevent you from having the benefit of some of the site's features. 

2.5 In order to fulfill our obligations under the UK Data Protection Acts of 1984 and 1998 we do our utmost to prevent unauthorised access to your information by following very strict procedures about the storage and disclosure of your information. To protect against unauthorised access to your password and your computer ensure you log off when you have finished using your computer.

2.6 We may abstract statistics about our customers, sales, traffic patterns and related site information to be used internally, but such statistics will not include any personal information that would identify you.

2.7 We work closely with other organisations and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, processing credit card payments and customer service. They are provided with personal information necessary to perform that task and may not use it for other purposes.

2.8 Account and other personal information will be released by us only when we believe it is necessary to comply with law.

2.9 We may update this policy from time to time and we advise you to check it regularly so that you are aware of any changes. We would welcome any feedback you may have on privacy. Please email any comments to dataprotection@ice.org.uk

3 Force Majeure

3.1 We will not be liable for any loss or damage suffered or incurred by you arising from our delay in fulfilling or failure to fulfill or otherwise discharge any of our obligations under the contract, to the extent that such delay or failure is caused by any circumstance beyond our reasonable control.

4 Governing Law and Jurisdiction

4.1 The contract shall be governed by English law.

4.2 Both we and you submit to the exclusive jurisdiction of the English courts.

5 Prices

5.1 The prices for the products will be the prices indicated on the NEC website, but are subject to change.

5.2 VAT is only payable for electronic and other non-book products in the European Union, unless you provide a valid EU VAT exception form.

6 Export Control

6.1 You agree to comply with all export laws. You agree (i) not to export any product to any country in contravention of any Export Law, and (ii) not to export any product to any country for which an export license or other governmental approval is required, without first obtaining all necessary licenses or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.

7 Placing Your Order

7.1 By placing an order, you make an offer to us to purchase the products you have selected on these terms and conditions. We may or may not accept your offer at our discretion. If we accept your order, we will notify you of our acceptance by issuing an order confirmation. We will send your order confirmation to you by email, verbally over the phone or by fax.

7.2 If we cannot accept your order we will contact you by email, telephone or fax.

7.3 Information contained on the NEC website constitutes an invitation to treat. No such information constitutes an offer by us to supply any products.

8 Supply of Your Products

8.1 Subject to these terms and conditions, we will supply to you the products indicated on your order confirmation. 

Contracts and Books

9 Delivery

9.1 We aim to deliver the physical elements of UK contracts and books orders within 5 working days of the date of issue of your order confirmation and 14 working days for overseas orders. In many cases the order time will be quicker than these minimum service levels.

10 Hardcopy Damaged Goods Policy

10.1 We care about your custom and the service we provide to you. Should your hardcopy purchase be received in less than perfect condition please inform us within 7 days of receipt to obtain a returns authorisation document. It is our aim to provide a quality service to our customers and we want you to be completely satisfied with your purchase from us. The goods should not be sent back to us before you receive the returns authorisation document.

11 Our Liability

11.1 If you are a consumer, nothing in the contract shall limit or exclude our liability for breach of any term implied by statute.  

11.1.1 If you are not a consumer these terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the products and performance of the services;

11.1.2 There are no warranties, conditions or other terms that are binding on us except as expressly stated in the contract.

11.1.3 Any warranty, condition or other term concerning the products or services which might otherwise be implied into or incorporated in the contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.

11.2 Subject to condition 11.1, we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

11.3 Subject to conditions 11.1 and 11.2 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

11.4 We have no liability for material that might appear on any linked third party websites.

12 Refund Policy

12.1 If you are a consumer you have the right to cancel within the hardcopy element of any order 7 days from the receipt of your purchase, please contact us within that period to obtain a returns authorisation document. The goods should not be sent back to us before you receive the returns authorisation document. Once the goods have been received back by us you will have your payment refunded.

12.2 We are unable to accept the return of any downloaded material. Before you finally complete your purchase please carefully review whether the particular product under consideration will meet your needs.

13 NEC3 Digital Licence Subscription Purchases

13.1 NEC3 Digital licence subscriptions need to be applied for via the NEC website by selecting the digital version of the applicable Contract(s) or Document(s) from the ‘Contracts’ page under the ‘Product’ heading. 

13.2 Apply for the appropriate level of subscription- individual view only (eView), individual print access (ePrint) or printable access on a multiple User / organisational / project wide scale (eCorporate) by determining the level of access required (see section 15). Select the appropriate level and complete the purchase by following the online prompts.

13.3 Once the application process has been completed the purchaser will receive a confirmation email which will include instructions on how to set up the licence and access details, the purchaser will then become a ‘User’ of NEC3 Digital Contracts. 

13.4 The software required for eView and ePrint licences are provided by LockLizard, for more information on LockLizard please visit www.locklizard.com (LockLizard is not part of NEC or Thomas Telford Limited in any way). eCorporate licence files are provided directly to the User.

14 NEC3 Digital Licence Holders Payments, Renewals and Cancellations

14.1 Digital Licences are fixed for a period of one calendar year starting on the day you subscribe. Access will be activated at point of sale (eView and ePrint licences). For eCorporate licences contact digital@neccontract.com where an invoice will be issued, payment must be received within 30 days of receipt of the invoice.

14.2 Payment must be made by credit card for eView and ePrint licences and by purchase order/invoice or BACS transfer for eCorporate licences. If a digital licence subscription payment remains outstanding we will notify you by telephone, email or letter and access may be suspended.

14.3 Users will be advised by email when their licence subscription is due for renewal. To renew, Users will need to purchase their renewal licence via the NEC website in the same method as per the original order. It is the User’s responsibility to advise NEC of their intention not to renew. Subscription payments not received by the date of licence expiry will result in the licence being considered lapsed and all services will be suspended pending payment. For latest offers regarding licence extensions email digital@neccontract.com

14.4 Refunds will not be given for cancelled licences if the Users’ machine has been registered / activated for access to the documents.  An order is binding once an access point / device has been registered.

15 NEC3 Digital Licence Subscriptions

15.1 The following digital licence subscriptions levels are available:

15.1.1 eCorporate: This service is for organisations that are making extensive use of the NEC on multiple projects and require access to digital contracts on all projects for more than ten Users (unlimited User access is provided for an organisational wide licence). The Conditions of Contract are non-editable and the Contract Data and Forms sections are in an editable format, which can be emailed.

15.1.2 ePrint:  This service is for individuals that require an unlimited print access to the Conditions of Contract (a one machine access) and Contract Data and Forms (which can be accessed on limitless machines).  The Conditions of Contract are non-editable and the Contract Data and Forms sections are in an editable format, which can be emailed.

15.1.3 eView:  This service is for individuals that require a reference (view only) version of the Conditions of Contract (a one machine access) along with editable Contract Data and Forms (which can be access on limitless multiple machines).  The Conditions of Contract are non-editable and the Contract Data and Forms sections are in an editable format, which can be emailed.

16 Terminating a Subscription

16.1 NEC reserves the right to withdraw a licence subscription or to prevent any User from renewing their licence if the User puts the organisation into disrepute.

16.2 NEC reserves the right to withdraw a licence subscription if the User is deemed to have misused the licence.

16.3 If a licence holder / User is found to have contravened the terms and conditions a digital licence may be terminated by NEC without prior warning.

17 Transferring a Licence

17.1  In the event of your device being upgraded or replaced eView and ePrint licences can be transferred to another machine the maximum of three times in a calendar year.  Please contact digital@neccontract.com for assistance.

18 Variation of Terms and Conditions

18.1 These terms and conditions may be revised from time to time. If they are revised, we will post or email the revised version to you. It will be your responsibility to keep up-to date with all such changes and your continued membership shall be deemed acceptance of any changes to these terms and conditions.

Events

19 Booking Conditions

19.1 A confirmation email will be sent to you on receipt of your booking. Please ensure that you include your correct email address upon registration.

19.2 If the option for invoice is available and you have requested one at the time of booking, one will be sent to you from the Thomas Telford Ltd.

19.3 Payment must be received prior to day one of the event.

19.4 All invoice payments are due 30 days of the invoice date or 14 days before the event, whichever is the soonest. Should Thomas Telford Ltd not be satisfied that payment has been received; a credit card payment will be required at registration before entry to the event will be permitted.

19.5 We are sorry that we are unable to accept provisional bookings.

19.6 No two discounts can be used at the same time, unless otherwise stated.

19.7 Access to the event, partial or in full is subject to meeting the booking conditions. Delegates will not be permitted unless fully registered and meeting the booking conditions. Delegates will only be provided with name badges if fully registered.

20 Joining Instructions

20.1 Joining instructions will be issued, by email, subject to receipt of payment. We cannot be held responsible for the non-arrival of registration information. If you have not heard from us within 14 days of the event, please contact cheryl.waterman@neccontract.com or on +44(0)20 7665 2445.

21 Cancellations / Substitutions

21.1 All cancellations must be made in writing to cheryl.waterman@neccontract.com

21.2 Cancellations made between six and two weeks before the first day of the event will be charged at 50% of the full price. Any cancellations made within 1 week prior to the event will be charged at 100% of the full price.

21.3 Non-attendance will be deemed as cancellation, and 100% of the fee will be charged.

21.4 Substitutions can be made any time before the event, by emailing cheryl.waterman@neccontract.com

21.5 It may be necessary for reasons beyond the control of the organisers to alter the content, timing and venue of the programme or the identity of the speakers. In the event that the event has to be cancelled, you will be entitled to a full refund of your delegate fees.

21.6 Thomas Telford Ltd will not be responsible for the reimbursement of any airfare, hotel or other costs incurred by potential delegates, presenting authors or attendees unless otherwise stated.

22 Liability

22.1 The Organisers do not accept responsibility for any loss of, or damage to, personal property.

22.2 The Delegate will be responsible for damage to the property of the venue or the Organisers caused by themselves or their guests during an event and will agree to make good or pay full restitution for the making good of any such damage.

22.3 Personal injury or any kind of liability which may arise from the use of the venue caused by the Delegate in any part of the venue will not be the responsibility of the Organisers.

23 Force Majeure

23.1 Thomas Telford Ltd shall not be held responsible for any delay or failure in performance of its obligations hereunder to the extent such delay or failure is caused by fire, flood, strike, civil, governmental or military authority, acts of God, acts of terrorism, acts of war, epidemics or acute outbreaks of communicable disease, the availability of the location for the Event or other similar causes beyond its reasonable control.

23.2 The Organisers shall not be liable to the Delegate for any loss or damage (whether direct or indirect) which may be suffered by the Delegate due to any circumstances or events beyond the Organiser’s control including, but not limited to, acts of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, storm, leakage, shortage of or inability to obtain materials, failure of supply of electricity or telephone or compliance with any regulation, direction or request made by a Government authority.

24 Event Language

24.1 English, unless otherwise stated.

25 Disclaimer

25.1 Any views or opinions expressed on any matters by the presenters or participants during or in connection with this presentation are solely the views of the authors of the respective comments and/or opinions and must not be taken to be the views of NEC or any other organisation. NEC makes no representations, warranties or assurances concerning any information provided in these presentations and accepts no responsibility for the content and/or accuracy.

Users’ Group Membership

26 Membership Applications

26.1 NEC Users’ Group membership needs to be applied for via the NEC website by selecting ‘Users’ Group’ under the ‘Products’ heading. 

26.2 Apply for the appropriate level of membership by determining the level of support required. Select membership and complete the application by following the online prompts.

26.3 Once the application process has been completed the member will receive a confirmation email within 24 hours which will include instructions on how to set up the Users’ Group membership and login details.

27 Membership Payments, Renewals and Cancellations

27.1 Membership is fixed for a period of one calendar year starting on the day you join. Membership will be activated at point of approval of the application but payment must be received within 30 days of receipt of the invoice.

27.2 Payment can be made by credit card, purchase order or BACS transfer. If membership payment remains outstanding we will notify you by telephone, email or letter.

27.3 Members will be advised by email when their membership is due for renewal. To renew membership, members will need to purchase their renewal subscription via the NEC website. It is the member's responsibility to advise NEC of their intention not to renew. Subscription payments not received within one month of becoming due will result in the membership being considered lapsed and all services may be suspended pending payment. If no response or payment is received within one month of the renewal email notification, the membership will be cancelled.

27.4 To cancel your membership you will need to notify us in writing stating a reason which will be recorded for internal use only. Refunds will not be given for cancelled memberships during the membership year.

28 Membership Levels – Corporate Membership

28.1 Membership of the Users’ Group is a Corporate membership but on a regional level i.e. ABC Limited have offices in the UK and New Zealand.  ABC Limited will need to purchase two memberships – one for UK and the other for Australasia

28.2 The following membership levels are available:

28.2.1 Platinum: This service is for organisations that are making extensive use of the NEC on multiple projects and require a high level of support and supply of NEC products and services.

This subscription allows members electronic access to the complete suite of contracts and a free one day in-house presentation on NEC by an acknowledged expert.

28.2.2 Gold: This service is for organisations that are making substantial use of the NEC and require a high level of support across the organisation to ensure that they are fully utilising the benefits and advantages that can be gained from using the NEC.

28.2.3 Silver:  This service is for organisations that have started to use the NEC and are seeking a level of support that will provide them with a greater understanding of how they may benefit from fully adopting the NEC.

28.2.4 Bronze: This service is for individuals or small organisations who require minimal amount of support but who wish to be kept fully up-to-date with all NEC developments.

28.2.5 Asia-Pacific: This service is for individuals or organisations in the Asia-Pacific region who require minimal amount of support but who wish to be kept fully up-to-date with all NEC developments.

28.2.6 Australasia: This service is for individuals or organisations in the Australasia region who require minimal amount of support but who wish to be kept fully up-to-date with all NEC developments.

29 Membership Benefits

29.1 The following products and services are available under the various levels of Users’ Group membership:

29.2 Platinum

  • 10% saving on NEC One-Stop-Shop products and services including publications, training courses and consultancy
  • three complete sets of the NEC family of contract documents on joining, and three free copies of all new documents as, and when, published
  • one year eView licence for the NEC3 digital box set up
  • 300 copies of the Newsletter (delivered to one address)
  • up to 150 calls to the Helpline during each year
  • NEC Users' Group logo available for use on your website, stationery, literature etc, (terms & conditions apply)
  • four delegates to the UK Annual Seminar and 25% saving for additional delegates four delegates to all UK Users' Group Workshops and 25% saving for additional delegates
  • a full day presentation on the 'Introduction to NEC' by an acknowledged expert on joining (client to cover tutors expenses only) followed by a free half-day of consultancy on a topic of the member's choice in a subsequent year of membership (client to cover tutors expenses only)

29.3 Gold

  • 10% saving on NEC One-Stop-Shop products and services including publications, training courses and consultancy
  • two complete sets of the NEC family of contract documents on joining, and two free copies of all new documents as, and when, published
  • up to 250 copies of the Newsletter (delivered to one address)
  • up to 100 emails/calls to the Helpdesk during each year
  • NEC Users' Group logo available for use on your website, stationery, literature etc, (terms & conditions apply)
  • three delegates to the UK Annual Seminar and 25% saving for additional delegates
  • three delegates to all UK Users' Group Workshops and 25% saving for additional delegates
  • an in-house half-day presentation on the use of the NEC by an acknowledged expert on joining, followed by a free half-day of consultancy on a topic of the member's choice in a subsequent year of membership (client to cover tutors expenses only)

29.4 Silver:

  • a complete set of the NEC family of contract documents on joining, and a copy of all new documents as, and when, published
  • up to 50 copies of the Newsletter (delivered to one address)
  • up to 12 emails/calls to the Helpdesk during a year
  • NEC Users' Group logo available for use on your website, stationery, literature etc, (terms & conditions apply)
  • two delegates to the UK Annual Seminar and 25% saving for additional delegates
  • two delegates to all UK Users' Group Workshops and 25% saving for additional delegates

29.5 Bronze:

  • a copy of an NEC Contract of your choice complete with its associated Guidance Notes & flow charts on joining
  • one year NEC3 Digital eView licence, giving you complete access to the NEC family of contracts
  • up to 20 copies of the Newsletter
  • 10 emails/calls to the Helpdesk
  • NEC Users' Group logo available for use on your website, stationery, literature etc, (terms & conditions apply)
  • one free delegate to the UK Users' Group Spring & Autumn Workshops with a 25% saving on additional delegates
  • one free delegate to the UK  Annual Seminar with a 25% saving on additional delegates

29.6 Asia-Pacific:

  • A free complete set of the NEC family of contract documents on joining, and a copy of all new documents as, and when, published
  • Up to 20 copies of the newsletter
  • Up to 10 emails to the NEC helpdesk during a year
  • NEC Users' Group logo available for use on your website, stationary, literature etc, (terms & conditions apply)
  • One free delegate to the Asia Pacific Users' Group Annual Conference and 25% saving for additional delegates
  • One free delegate to the Asia Pacific Users Group Workshops and 25% saving for additional delegates

29.7 Australasia:

  • A free complete set of the NEC family of contract documents on joining, and a copy of all new documents as, and when, published
  • Up to 20 copies of the newsletter
  • Up to 10 emails to the NEC helpdesk during a year
  • NEC Users' Group logo available for use on your website, stationary, literature etc, (terms & conditions apply)
  • One free delegate to the Australasia Users' Group Annual Conference and 25% saving for additional delegates
  • One free delegate to the Australasia Users Group Workshops and 25% saving for additional delegates  

29.8 Member benefits are only available if subscription payments are up to date.

29.9 Member benefits may change without notice.

29.10 Helpline: Members only benefit – all queries submitted via the Website will receive an email response from an NEC consultant within 48 hours of the query being received. If a particular query is more complex and requires additional consultancy, the NEC Account Manager will get in touch with the Users’ Group contact to confirm number of hours needed and any chargeable fees.

30 Terminating Membership

30.1 NEC reserves the right to withdraw membership or to prevent any Member from renewing membership if the Member puts the Institute into disrepute.

30.2 NEC reserves the right to withdraw membership if the member is deemed to have misused the membership privileges.

30.3 Members are permitted to use the NEC's logo on their website and promotional literature as long as usage aligns with the brand guidelines which are available to download in the ‘My Downloads’ section.

30.4 If a member is found to have contravened the terms and conditions membership may be terminated by NEC without prior warning.

31 Variation of Terms and Conditions

31.1 These terms and conditions may be revised from time to time. If they are revised, we will post or email the revised version to you. It will be your responsibility to keep up-to date with all such changes and your continued membership shall be deemed acceptance of any changes to these terms and conditions.

Training

32 Application

32.1 Issuance of a Booking by Client constitutes an acceptance by Client to be bound by these Conditions.  These Conditions are the basis upon which NEC provides the Course to Client and shall apply to all dealings between NEC and Client to the exclusion of all other terms and conditions which Client may purport to apply under any correspondence, Order, or other document.

32.2 NEC shall be entitled to vary these Conditions acting reasonably from time to time without notice and any such variation shall be binding on Client with effect from the date on which such change is notified to Client.

33 Information about the Course

33.1 Save for the Course Programme any description, advertisement, documentation issued by NEC and any description contained on the NEC website or any catalogues relating to the Course are issued and published for the sole purpose of giving Client and other people a general idea of the Course, its content and objectives. Although NEC makes every effort to ensure that information about the Course is correct, Client acknowledges and agrees that sometimes such information may be incomplete, out of date or inaccurate and Client places no reliance on it whatsoever.

33.2 If Client does wish to rely on a particular piece of information about the Course then it must inform NEC before taking any action based on such information and, if NEC is happy for Client to rely on this information about the Course then one of NEC's staff will confirm this to Client in writing. In no other circumstances may Client rely on any particular piece of information about the Course and NEC shall have no liability for any reliance placed on such information by Client unless the information provided is fraudulent.

34 Payment

34.1 NEC shall invoice Client for the Course Fee on booking.

34.2 Client shall pay the Course Fee within the earlier of 30 days of the date of the invoice or 14 working days prior to the course start.

35 Tutor

35.1 Should a particular Tutor be named to deliver the Course then NEC shall use its reasonable endeavours to ensure such Tutor is available on the Course Date. If this Tutor is not available for any reason, NEC may offer a substitute Tutor.

36 Premises

36.1 Client shall be responsible for all damage to the Premises and/or damage to other people's property on the Premises caused by the Client.

36.2 When at the Premises, Client should comply with health and safety policies issued by or on behalf of NEC. 

37 Intellectual Property

37.1 As between Client and NEC all Intellectual Property Rights in or arising out of or in connection with the Course and Course Materials shall be and remain vested in NEC .

37.2 Client shall not modify or remove any Intellectual Property Rights notices contained on the Course Materials. 

37.3 Delegates may use the Course Materials for their own personal development purposes but not for any other purpose and Client shall not copy, duplicate, redistribute, re-publish or in any way use any part of the Course Materials or prepare derivative works or incorporate the Course Materials in any other work for commercial use or exploitation without NEC‘s prior written consent.

38 Booking Cancellations, Transfers and Substitutes

38.1 Any cancellation of or request to transfer a Booking must be notified to NEC in writing.

38.2 Except as provided under this clause cancellation fees and/or transfer fees below shall apply to cancellation or rescheduling of any Course by Client which the Client shall pay within 30 days of the invoice:

Written notice given

Cancellation fee

Transfer fee

29 days or more

None

None

15 to 28 days

50% of Course Fee

15% of Course Fee

14 days or less

100% of Course Fee

30% of Course Fee

38.3 If any transfer is subsequently cancelled, the original course fee is non-refundable.

38.4 Delegates may be substituted. There is no charge for a substitution unless the delegate is ineligible for any discount previously given in which case NEC will raise an invoice for the difference.

39 Warranties, Representations and Conditions

39.1 NEC warrants that:

39.1.1 It shall provide the Course in line with Good Industry Practice;

39.1.2 All Tutors used by NEC will have the necessary expertise, knowledge and skills required to provide the Course.

39.2 Except for the warranties, representations and conditions expressly contained or referred to in these Conditions, NEC makes no other warranties, representations or conditions regarding the Course and its obligations in respect of the Course and all warranties, representations, conditions and other terms express or implied, ,statutory or otherwise, in respect of compliance with descriptions, the quality of service or otherwise which are not expressly set out or repeated (as the case may be) in these Conditions are excluded to the fullest extent applicable by law.

40 Liability

40.1 Nothing in these Conditions shall exclude or limit either party's liability for:

40.1.1 Death or personal injury caused by that party's negligence;

40.1.2 Fraud or fraudulent misrepresentation; or

40.1.3 Any other liability which may not be excluded or limited by law.

40.2 Subject to Condition 40.1 NEC shall have no liability for any losses or damages which may be suffered by Client or any Delegate whether such losses or damages are suffered directly or indirectly or are immediate or consequential and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories arising out of or in connection with the provision of the Course and/or the use of or reliance on the Course Materials:

40.2.1 Loss of profits, anticipated profits or revenues;

40.2.2 Failure to make anticipated savings;

40.2.3 Loss of business opportunity or contract;

40.2.4 Loss of goodwill or damage to reputation;

40.2.5 Loss or corruption of data; and

40.2.6 Business interruption costs.

40.3 Subject to Condition 40.1 the aggregate liability of NEC arising out of or in connection with provision of the Course and/or the use of or reliance on the Course Materials, whether such liability arises in contract, tort (including negligence) or otherwise howsoever, shall not exceed the Course Fee. 

41 Data protection

41.1 For the purposes of these Conditions and provision of the Course, both parties may receive personal data (as defined in the Data Protection Act 1998) from the other party. Each party receiving such personal data agrees to process such information only in accordance with the lawful instructions of the other party and as necessary to fulfil its obligations under these Conditions and to take appropriate technical and organisational measures against unauthorised or unlawful processing of such information and against accidental loss or destruction of or damage to such personal data.

42 Force Majeure

42.1 NEC shall not be liable to Client as a result of any delay or failure to provide the Course as a result of a Force Majeure Event.

42.2 Where a Course is cancelled by NEC due to a Force Majeure Event then NEC shall, acting in good faith, offer a new date for the provision of the Course.

42.3 Should the Client be unable to attend on the new date for the Course then NEC shall refund the Course Fee

43 Assignment and subcontracting

43.1 NEC may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Conditions to any third party or agent.

43.2 Client shall not, without the prior written consent of NEC sell places on the Course to third parties.

43.3 Client shall not, without the prior written consent of NEC assign, transfer or deal in any other manner with all or any of its rights or obligations under these Conditions.

44 Notices

44.1 All notices and communications shall be in writing and served by personal delivery, first class post, fax or email.

44.2 Any notice or other communication sent to NEC shall be sufficient if sent to (i) NEC ‘s registered address set out at the end of the document; (ii) fax number: +44(0)20 7665 2189; (iii) email address: info@neccontract.co.uk; or (iv) any other address, fax number or email address provided by NEC to Client in writing from time to time.

44.3 Any notice or other communication sent to Client shall be sufficient if sent to the address, fax number or email address given by Client in the Order or any other address, fax number or email address provided by Client to NEC in writing from time to time.

44.4 Notices shall be deemed to be served:

44.4.1 on delivery when delivered personally;

44.4.2 on receipt of a printout confirming the due transmission when sent by fax to the fax number notified by the other party; or

44.4.3 on the generation of a receipt notice by the other party's server or, if no receipt notice is generated, on delivery to the other party's server when sent by email to the email address notified to the other party;

44.4.4 two days after mailing if sent by mail, provided the postage is properly paid and such notice is properly addressed to the other party in accordance with this Condition 16.

45 General

45.1 No variation or amendment to these Conditions shall be valid unless it is in writing and signed by duly authorised representatives of NEC and Client. The variation shall take effect from the date of last signature.

45.2 No delay or failure by NEC in exercising or enforcing any right or remedy under these Conditions will prejudice or restrict NEC ‘s rights and no waiver of any such rights or of any contractual breach will be deemed to be a waiver of any other right or later breach.

45.3 No third party shall have any rights under or in connection with these Conditions by virtue of the Contracts (Rights of Third Parties) Act 1999.

45.4 If at any time any provision of these Conditions is found by any court or other competent authority to be illegal, invalid or unenforceable whole or in part, it shall not affect or impair the legality, validity or enforceability of any and all other provision of these Conditions.

45.5 These Conditions and the Course Programme constitute the entire understanding and agreement of the parties relating to the provision of the Course and Course Materials and supersedes all prior written or oral communications, understandings and agreements relating to the provision of the Course and Course Materials.

46 NEC3 ECC Project Manager Accreditation

46.1 At the end of each online training course, delegates will be presented with an assessment. Delegates must attain a pass mark of at least 60% on each course. Delegates are allowed 3 attempts at each assessment to attain the required pass mark.

46.2 At least 10 clear working days before the programme start date, delegates must send copies of their Certificates (with a pass mark of 60% or higher on each certificate) to NEC (rita.calabrese@neccontract.com) in order to complete their enrolment.

46.3 If a delegate fails to achieve a 60% pass mark on one or both of the above online tests, their enrolment in the programme will be cancelled. Enrolment fees are refunded as follows:

46.3.1 For certificates submitted to NEC at least 10 clear working days before the programme start date: 75% of the full enrolment fee will be refunded to the booker. 25% will be deducted for the enrolment onto the online training courses and NEC administration costs

46.3.2 For certificates submitted to NEC less than 10 clear working days before the programme start date: 60% of the full enrolment fee will be refunded to the booker. 40% will be deducted for the enrolment onto the online training courses and NEC administration costs

46.4 Full NEC ECC Project Manager Accreditation guidelines and conditions, including details on assessments, can be found at https://www.neccontract.com/pma

46.5 Full NEC ECC Project Manager Accreditation Hong Kong guidelines and conditions can be found at https://www.neccontract.com/pmahk

47 Defined Terms

In these terms and conditions:

“Booking”

means the NEC booking form submitted by Client to NEC.

“Client”

means the person, firm, or company to whom Services are provided.

“Consumer”

means a customer who purchases products otherwise than in the course of business.
"Condition"
means a condition contained in these terms and conditions.

“Customer”

means anyone who uses the NEC website. 

“Content”

means all electronic product published by Thomas Telford Ltd and the Institution of Civil Engineers. This includes articles, chapters, journals, books, conference proceedings and any other original source of information.
"Contract"
means these terms and conditions together with your order. 
“Course”

means the Online Training course detailed in the Course Programme.

“Course Date”

means the date of the first day of the Course.

“Course Fee”

means the fee payable by Client for provision of the Course.

“Course Materials”

means any documentation or materials including handouts provided to the Delegates as part of the Course.

“Course Programme”

means the course programme provided detailing the course to be delivered by NEC.

“Delegate”

means any individual booked to attend and/or attending the Course;

"Export Laws"
means all laws, regulations and orders of the United States, the European Union and the United Kingdom applicable to the export, re-export, transfer or resale of products. 

“Force Majeure Event”

means any event beyond the reasonable control of the affected party which cannot reasonably be planned for or avoided.

“Good Industry Practice” means the degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced supplier of training courses.

“Intellectual Property Rights”

means all copyright, publication rights, trade marks, design rights, patents, database rights, confidential information, rights in trade and/or business names and the goodwill accrued in respect of the same, discovery, inventions, processes, formulas, know-how, specifications, improvements, techniques, and any other intellectual property rights whatsoever and wheresoever in the world whether registered or unregistered existing from time to time (including all applications or rights to apply for registration, renewals or extensions of any of the foregoing).

“Licence Agreement”

means an agreement between Thomas Telford Ltd and the customer setting out the acceptable terms of use of the content and NEC website.

“NEC”

means Thomas Telford Limited, a company registered in England under company number 2556636, whose registered office is at 1-7 Great George Street, London SW1P 3AA, England trading as NEC.

“NEC website"
means our built-to-order website for our global customers.

"Order"
means an order placed by you in accordance with these terms and conditions. 
"Order Confirmation"
means the order confirmation issued by us to you indicating acceptance of your order. 
"Product"
means any product listed on the NEC Website which we agree to supply to you on these terms and conditions. 

“Premises”

means the premises where the Course will be provided.
"Return Authorisation Document"
means the documentation issued by us to you for the return of products. 
"Services"
means any services relating to products (including without limitation warranty and telephone support services) that we agree to supply to you on these terms and conditions. 

“Tutor”

means a qualified expert on the subject matter of the Course who is engaged by NEC to prepare the Course Materials and/or deliver the Course.

"Working Day"
means all days of the week excluding Saturdays, Sundays and Public Holidays in the UK.

48 Contact

All enquiries should be made to:

NEC Contracts

One Great George Street

Westminster

London SW1P 3AA

UK

t +44 (0)20 7665 2446

e info@neccontract.com

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