Terms and Conditions
This document is divided in to two sections:
Part A - Terms applying to all users of the Exscitec website and
Part B - Terms applying to use of Exscitec Services
Part A - Terms applying to all users of the Exscitec website
1. General
1.1. We invite you to read these Terms and Conditions of Use (“Terms”) carefully prior to using our website www.exscitec.com.
1.2. Throughout these Terms, 'we', 'us' and ‘Exscitec’ means : Exscitec Limited, Exscitec House, The Avenue, Petersfield, Hampshire, GU31 4JQ, which is the owner of this Website; 'you' means the user of this Website; and ‘Provider’ means either Exscitec or other nominated provider of the Services. If using this Website you agree to be bound by these Terms. Users of this website are responsible for taking appropriate precautions against viruses, hacking and other types of computer misuse or mishaps.
1.3. The purpose of the Website is to provide information on the range of courses, events, programmes, and other services provided by Exscitec.
1.4. We endeavour to ensure that this Website does not contain any error, defect, malfunction or corruption, but do not accept responsibility for any damage to or loss of data on your computer system, that results from the download of the any materials made available via the Website. The Website may be subject to interruptions due to circumstances beyond our control (such as breaks in telecoms links or equipment, or third party server downtime) or occasions when emergency maintenance or upgrades are required.
1.5. If any change is made to these Terms we will update the ‘Last Revised date’ seen at the top of this page. If you return to use the Website we will consider you to have accepted such changes from the date above.
2. Privacy
2.1. When you contact us we create a record in your name. We add information that we then collect, including information that you may give us during registration, to that record. The data controller for your personal data is Exscitec. You have the right under the Data Protection Act to information held about your personal data (the right of 'subject access'). You will need to pay a fee of £8. You should address your request to: The Data and Communications Officer, Exscitec Limited, Exscitec House, The Avenue, Petersfield, Hampshire, GU31 4JQ. Email: info@exscitec.com.
2.2. We may use the personal information that you provide when you enquire or register:
2.2.1. to deal with your enquiry or application and to provide you with appropriate services and these may include sending you further information
2.2.2. for the purpose of research and to help us plan and improve our services. Exscitec staff may contact you or ask a partner organisation to do so on our behalf.
2.3. All Exscitec personnel are briefed on security protocols for acceptable and necessary methods of handling personal information. We take data security very seriously, and are confident that no one will be able to access your personal information unlawfully. We also protect data in transfer. Please be aware that Internet e-mail is not necessarily a fully secure way of communicating.
2.4. Cookies (small data files) cannot read your hard disk or make any information collected by use of a cookie available to any third party, and can only be read by the organisation that installs it. Parts of this website may store a cookie on your computer in order to monitor general website use. We do this in order to determine the usefulness and useability of our website. Anyone preferring not to have cookies used in this way while browsing our website can set their browser to refuse all cookie downloads. This would be unlikely to affect many areas of the website.
3. Copyright
3.1. The copyright of all contents of this website is owned by Exscitec, except if specified otherwise. © Exscitec Limited 2009. All rights reserved. Your use of the content provided on www.exscitec.com is subject to the terms of this Copyright Statement. Copyright in any course notes or materials, made available to you through our services, belong to Exscitec or its licensors. If using this website, you are agreeing not to copy, reproduce, upload, post, display or use these in any way whatsoever without the prior written permission of Exscitec.
4. Enquiries and Applications
4.1. If you apply or enquire about an Exscitec service, we will contact you to let you know whether your application has been successful. On completion of all necessary data fields, confirmation of acceptance, and attendance consent from any other relevant parties, final joining details will be sent.
4.2. Advice for all applicants is available via the designated Project Leader for the service, or via our Communications Officer.
4.3. If you apply for any of our courses, we expect that you will take reasonable care to ensure that the course appears to meet your requirements.
5. Third Parties
5.1. Any links to external party web content are accessed at your own risk. You accept that we are not in any way responsible for the content provided in others’ websites and, unless otherwise indicated, we do not endorse or recommend any third party website or lay claims to its availability or contents.
Part B - Terms applying to use of Exscitec Services
Please be aware of these Terms and Conditions ('Terms”) before applying or enquiring about an event or programme or service. The Terms are set out in such a way as to describe the relationship between the Provider (Exscitec), and the Client following confirmation of agreement or participation in the Services.
1. Bookings
1.1. On confirmation of booking, the Provider agrees to provide services for the Client as set out in the Project Specification / Course flyer, and upon the following terms and conditions.
1.2. Clients will be bound by the Terms set out herein from the date of booking confirmation
2. Booking Fees – where applicable
2.1. If you are an individual who is eligible for funding from the course sponsor towards the Course Fee and we have confirmed this to you in writing, you will not be obliged to pay to us the Course Fee.
2.2. In consideration of the chargeable provision of the Services, Clients will pay to the Provider the Fees specified in the Booking Agreement, within 30 days.
2.3. Unless stated otherwise, all prices quoted exclude VAT, and VAT will be charged at the applicable rate at the time of the payment.
2.4. We reserve the right from time to time to change the amount of the Course Fee. The current Course Fee for any course at any given time will be displayed on the Website or notified to you by us. In the unlikely event that due to a technical error, the amount of the Course Fee is incorrect, we will notify you as soon as we reasonably can.
2.5. Payment methods:
Cheques should be made payable to 'Exscitec Ltd', and should be posted to:
Exscitec House, The Avenue, Petersfield, GU31 4JQ
Electronic Banking Details:
Account name: Exscitec Ltd
Bank: Barclays Petersfield
Sort Code: 20-67-49
Account No: 20256102
International:
IBAN GB55 BARC 2067 4920 2561 02
SWIFT BARCGB22
Please quote Invoice Number as reference when paying by BACS
Credit/Debit card:
Payment can be taken over the phone by calling the Exscitec Office. Tel. +44 (0) 1730 262927
2.6. Booking Deposit
2.6.1. Following confirmation of booking, the applicable deposit will be requested by invoice (unless the booking is not chargeable, or conditions deem invoicing not to be necessary)
2.6.2. Deposits or pre-payments may be required at the discretion of the Provider, typically 50% of the booking value if more than 3 months from the start of the Course.
2.6.3. For bookings with a value of £600 or less, and/or confirmed less than 3 months prior to the event, the Provider may require full payment in advance.
2.6.4. Booking fees are also accepted earlier than stated if at the request of the client, and the discretion of the provider.
3. Cancellations/non-attendance
3.1. Chargeable bookings cancelled by the Client will be charged for as follows:
| Notice given | Charge |
| More than 3 months | 10% of the booking value |
| 2-3 months | 20% of the booking value |
| 1-2 months | 50% of the booking value |
| 1 month or less | 100% of the booking value |
We request that any cancellations be confirmed in writing, and charges would be calculated from the date on which written notice is received by the Provider
The Provider may undertake to withdraw the provision of service:
3.1.1. up to 30 days prior to delivery, by giving written confirmation to the client and returning any payments received thus far in respect of the service detailed herein, and forfeiting any rights to final payment.
3.1.2. if any of the conditions have not been, or cannot be, fulfilled by the client, or any payments are not made by the due dates
3.1.3. or reasons outside the control of the Provider, which it could not reasonably anticipate or avoid
3.2 In the case of non-attendance of ‘Free’ or ‘Fully-Funded’ place bookings, there will be a minimum charge of 50% of the cost of the place – made to the registered participant or their legal representative (Parent / Guardian / Teacher / Coordinator who authorised attendance)
3.3. Without prejudice to any other right of remedy, either party may terminate this Agreement at any time by notice in writing to the other party if the other party is in material or persistent breach of this Agreement and the breach is not remedied within 90 days of the other party receiving notice of it.
3.4. Latecomers may be admitted in most situations, but admission cannot always be guaranteed.
3.5. The Provider reserves the right to alter or vary the programme, within reason, due to circumstances beyond its reasonable control, without obligation to refund monies.
3.6. The Provider shall accept no liability for participant non-attendance, howsoever arising.
4. Liability and Insurance
4.1. The Provider will be liable to the Client, persons attending the Event, and other third parties, for injury, or loss or damage to property, only where, and to the extent, that it has been negligent. Otherwise it will be under no liability to them howsoever arising.
4.2. The welfare of groups of under 18-year-olds attending and accommodated overnight at the Event is the responsibility of the Pastoral Supervisor. The Provider shall work with the Client to safeguard the welfare of the young people participating in the activities. Unless otherwise specified, responsibility for pastoral supervision will rest with the Provider.
4.3. The Exscitec Child Protection Policy aims to ensure that children participating in our activities are safe and appropriately supported. The policy seeks to support these activities and to offer assurances to both staff and visitors that through its implementation, we will be better able to protect children and keep them safe from harm when in contact with our staff (whether acting in a paid or unpaid capacity). It also aims to inform staff and volunteers how to safeguard children whilst at the same time protecting themselves and the organisation. The four cornerstones of this policy are activity risk assessment, recruitment and selection procedures, safe working practice, and procedures for dealing with suspicious allegations and training. Copies of our full Policy document are available on request.
4.4. Young People taking part in our courses (along with their Parent/Guardian) may be required to agree to our Code of Behaviour prior to their attendance, in order that we can be assured of their commitment to maintain our safe and happy environment for all our Clients.
4.5. The Provider shall not be responsible to the Client in the event that it cannot provide the Services due to an event beyond our reasonable control, which includes (but is not limited to) events such as, severe snow, fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. In the event that the Provider is prevented from providing the services by such an event, it will take all reasonable steps to try to reinstate the provision of the services to the Client as soon as is reasonably practicable.
4.6. In no event shall the Provider be responsible to the Client for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that they may suffer. Further, in no event shall the Provider be liable to the Client for any indirect or consequential loss that they may suffer.
4.7. Except where the above applies, the maximum aggregate liability to the Client for any claim that they may have against the Provider under or in connection with the provision by the Provider to the Client of the services which is not otherwise excluded in these Terms shall be limited to the amount of the course fee which has been paid or is payable by the Client or on their behalf.
4.8. The provider accepts no responsibility for any personal property.
5. Copyright
5.1. The Provider’s background Intellectual Property Rights remains the sole property of the Provider, together with its copyright material used in the context of this provision.
These should not be re-produced or used without the written consent of the Provider.
5.2. Commissioned development work resulting in the production of new intellectual property (foreground IPR) will be jointly owned by the Client and the Provider.
5.3. Copyright in any course notes, documents, design material, or learning aids made available by the Provider through the services belong to the Providor or its licensors. © Exscitec Limited 2009. All rights reserved. You agree not to copy, reproduce, upload, post, display or use these in any way without the prior written permission of Exscitec or other Providers associated with the Service.
6. Media Use and Privacy
6.1. From time to time photographs will be taken at Exscitec events which may feature participants. We reserve the right to use this event photography in publicity materials (e.g. prospectus, organisation website, course flyers) produced by us or the event sponsor. At no time will student names or their details be referenced alongside any pictures, unless the permission of the participant or their legal guardian has been obtained. If it is the wish of the participant or their legal guardian that photography or filming material is not used in subsequent publicity material, the legal guardian of the participant should express this wish in writing to info@exscitec.com prior to the event.
6.2 When you contact us we create a record in your name. We add information that we then collect, including information that you may give us during registration, to that record. The data controller for your personal data is Exscitec.
6.3. You have the right under the Data Protection Act to information about your personal data (the right of 'subject access'). You will need to pay a fee of £8. You should address your request to: The Data and Communications Officer, Exscitec Limited, Exscitec House, The Avenue, Petersfield, Hampshire, GU31 4JQ. Email: info@exscitec.com.
6.4. We may use the personal information that you provide when you enquire or register:
6.4.1. to deal with your enquiry or application and to provide you with appropriate services and these may include sending your further information
6.4.2. for the purpose of research and to help us plan and improve our services. We may contact you ourselves or ask a partner organisation to do so on our behalf.
6.5. We brief all our staff on security protocols for acceptable and necessary methods of handling personal information. We take data security very seriously, and are confident that no one will be able to access your personal information unlawfully. We also protect data in transfer. Please note that Internet e-mail is not necessarily a fully secure way of communicating.
7. Confidentiality
7.1. In relation to Confidential Information transferred between any Client and the Provider, the parties agree to treat such Confidential Information in confidence and to use it only for the Assignment.
7.2. Each party shall comply with the requirements of the Data Protection Act 1998 and neither shall disclose or allow access to any personal data provided by the other or acquired by it during the course of this Agreement other than to a person employed or engaged by it or as permitted under the provisions relating to the protection of children.
8. Provider’s Obligations
8.1. The Provider warrants that the Authorised Personnel have the necessary qualifications and are suitable to supply the Services.
8.2. The Provider shall procure that the Authorised Personnel devote as much of their time and attention to the provision of Services as is necessary to ensure that Deliverables are completed and the Services are provided within the specified period(s) agreed between the Client and the Provider (save for delays outside the Provider’s reasonable control).
8.3. The Provider hereby acknowledges and agrees that all Authorised Personnel and any subcontractors will be subject to vetting, checks from the Criminal Records Bureau or similar body, and training, wherever appropriate.
8.4. The Provider will effect all necessary insurances in relation to third parties and persons employed or acting for the Provider in the provision of Services.
9. General
9.1. These Terms may only be amended in writing signed by duly authorised representatives of the parties.
9.2. Participants and staff are required to adhere to the Code of Behaviour set out in Annex A.
9.3. Booking confirmation constitutes the entire understanding and agreement of these Terms between the parties.
9.4. Agreement shall be governed by English Law.
10. Glossary of terms of this agreement
“Assignment” means the contract created by this Agreement under which the Provider is contracted to provide the Services
“Services” means the services to be provided by the Provider as set out in the Project Specification
“Authorised Personnel” means the personnel who will undertake the Services set out in the Project Specification
“Commencement date” means the date for commencement of the Services set out in the Project Specification
“Contract Period” means the period from the Commencement Date during which the Provider is contracted to provide the Services as set out in the Project Specification
“Deliverables” means the expected results of the Services as set out in the Project Specification
“Payee” Means the person to whom invoices in respect of this agreement shall be addressed
“Fees” means the fees payable for the Services that are set out in the Project Specification
“IPR” means patents, registered designs, trade marks and service marks (whether registered or not), domain names, copyright, design right, trade secrets, know how and all similar property rights in inventions, computer programmes, documents, materials, designs, and confidential information, applications for any of the foregoing, rights protecting databases, trade or business names and other similar rights or obligations whether registerable or not in any country (including but not limited to the United Kingdom).
“Foreground IPR” means all IPR created, developed conceived, reduced to practice or be delivered by the Provider or the Authorised Personnel either solely or jointly with others during or in connection with the performance of the Assignment
“Background IPR” means all IPR relating to the Deliverables in existence at the date of this Agreement; arising during the term of this Agreement but not created specifically for the purposes of this Agreement and which is necessary for the use or performance of the Deliverables
11. Annex A – Code of Behaviour for Participants and Staff
Expected behaviour
The organisers wish all participants to benefit from their courses and to enjoy these new experiences. In order to do this, participants and staff (all attendees) will be expected to show responsible behaviour while attending courses as well as respect for the rights of others.
Rules and regulations
For health and safety reasons, and for every attendee to have the opportunity to benefit and enjoy the experience, the following rules and regulations will be in operation.
- Alcohol must not be brought onto the course venue or consumed during the course
- The purchase or use of any illegal substances is strictly forbidden
- Smoking is not permitted in the activity work areas. Underage smoking will contravene the code of behaviour
- Attendees are expected to attend all timetabled activities (unless there is a valid reason for absence, such as illness – which should be reported to a course leader without delay)
- Participants are not allowed to leave the course site without permission from a course leader
- At no time will a participant enter the residential accommodation of the opposite male/female gender (applicable to residential courses only)
- Attendees are expected to follow any emergency procedure, such as a fire drill, as directed by course or venue staff
Serious Incidents of misbehaviour
In the event of serious incidents of misbehaviour, such as fighting, bullying, harassment, racial abuse or the use of illegal substances, the participant(s) concerned will not be allowed to continue on the course and arrangements will be made for the participant(s) to depart from the course. We reserve the right to exclude participants from courses under such circumstances.
On arrival
On arrival, staff may explain some additional rules and regulations that will apply to activities. As such, it is expected that participants will adhere to them for their own health and safety, and that of other participants and staff.