Terms of Service
At HQ Compliance and Training Limited, we prioritise transparency and strive to clearly outline the terms and conditions of our services in a manner that is free of technical jargon. However, if you have any questions, please feel free to contact us at info@HQcomplianceandtraining.com.
- Terms and Conditions
- Who we are
- The Ordering of Goods or Services Process
- The Delivery of Goods & Services Process
- The Goods and Services
- Downloadable e-Learning Software Licences
- Copyright Information
- Pricing and payment of Goods or Services Process
- Refund Policy
- Liabilities
- Data protection and Personal information
- Debit/Credit Card Payment Processes
- Communicating with HQ Compliance and Training Limited
- Uncontrollable Events
- e-Learning 16. Assignments
- General Terms and Conditions
Terminologies
You (the “Policyholder”/ “Customer”/ “Client” “you” / “your”) must agree to these terms and conditions (the “Terms”) before ordering from HQ Compliance and Training Limited (“we” “us” “HQ compliance and Training” “HQ Compliance and Training Limited”).
By confirming your order of our e-Learning Services, through PayPal, on our website or through communications with our offices, you are agreeing with all the Terms. You should read these Terms and satisfy yourself that you are happy before continuing with placing an order or using our services, as they contain important information that could affect your decision in making a purchase or utilising our services.
Contract as set out and intended in clause 4.E
Goods otherwise known as services or goods purchased by you in relation with the contract;
Website refers to the HQ Compliance and Training website which can be reached at https://HQComplianceandTraining.com and
Working Day in this instance means a day (other than a Saturday, Sunday, or public holiday) and when banks in UK are normally open for business.
1. Terms and Conditions
1. A Subject to any differences under clause 1.C the contract (as set-out below) shall be as per these Terms and the Privacy Policy (see separate Privacy Page on our website) and exclusion of all other terms and conditions, including any terms or conditions which you think should apply under any orders which may include the likes of a purchase order, confirmation of order, specification, or other documentation.
1.B Therefore, no terms or conditions endorsed, delivered, or contained in any orders which may include the likes of your confirmation order, purchase order, or other documentation or specification request shall form part of the Contract simply because of such documentation being referred to as a part of the contract.
1.C These Terms apply to all HQ Compliance and Training or goods to you and any differences to these Terms and any representations about the services or goods will categorically have no effect unless an agreement in writing has been received and signed by a director HQ Compliance and Training. You therefore and hereby acknowledge that you have understood and will not rely upon any statement, promise or representation made or given by or on behalf of HQ Compliance and Training Limited which is not explained in the contract.
2. Who we are
HQ Compliance and Training Limited you can contact us as shown by the various methods below; –
2.A By Post HQ Compliance and Training LTD
149 Spon Lane, West Bromwich, B70 6BD
2.B By Telephone 01212279711
2.C You can email us at info@HQComplianceandTraining.com
2.D Key contacts -Managing Director – Charlene Nelson
3. The Ordering of Goods or Services Process
3.A Our privacy and cookies policy, which can be found on our separate “Privacy Policy Page,” outlines the terms and circumstances for the use of any personal data that we receive from you or that you provide to us. By using our website, you agree to these practices and acknowledge that all the data and information you supply is accurate and pertains to the usage of cookies on our site.
3.B Placing an order or accepting a quotation from HQ Compliance and Training Limited constitutes an agreement to pay for goods or services, subject to these conditions.
3.C Any order you place will only be deemed to be accepted by HQ Compliance and Training Limited when a written acknowledgement for the order is dispatched by HQ Compliance and Training Limited or earlier if HQ Compliance and Training Limited despatch the goods or services to you.
3.D It is imperative to verify that the terms and conditions of your order, as well as any additional specifications, are precise, comprehensive, and meet your expectations.
3.E HQ Compliance and Training Limited will confirm any written quotations, invoices, or beginning of services through a ‘durable media’ format, such as email, PDF, written communication, or postal letter. Alternatively, information can be conveyed in a manner suitable for the mode of communication, such as vocally, if the contract was established over the phone. Confirmation of the contract can be obtained upon request if the information was not initially provided in a permanent form at the time of purchase.
3.F Your recorded instructions authorising us to proceed with the services will be enough to initiate your contract. A statement in a ‘durable medium’ will be read to you, and you must agree to it if you want your services to start within the 14-day ‘cooling off’ period. Alternatively, you must physically print, sign, and date the ‘Durable Medium Declaration’ found in a PDF quote. Then, you can either send it back to us via email or by mail, together with a copy of the quote you want to accept. In order to begin any ‘unlimited Use’ subscription plan, we will need a signed and completed Memorandum of Understanding (MOU) Agreement. This agreement will be included in a PDF quotation. Scanned or photographed versions of the documentation will be deemed acceptable.
Terminating the services before the minimum duration of 12 months will result in charges for any ‘unlimited Use’ (Full access) subscription plans. Any ‘cooling off’ rights will be forfeited, once the e-Learning software has been downloaded. The contract explicitly excludes usage by subsidiary companies or resale of the courses, unless explicitly authorised by HQ Compliance and Training Limited. Furthermore, if HQ Compliance and Training Limited does not receive written cancellation within 9 months of the agreement, the contract will automatically extend for an additional 12- month period under the same conditions, and will continue to extend in this manner. This will undergo evaluation every 12 months from the system delivery date and will also apply to early termination of the agreement. For 3 and 5 year ‘unlimited Use’ (Full access) subscription plans different rollover and review time frames will be shown within the ‘MOU’ (Memorandum of Understanding) Agreement
4. The Delivery of Goods or services
4.A Unless a specific and special agreement has been set-up, the following delivery terms apply: For any orders that we receive before 17:00 weekdays (Monday- Friday), the requested Goods or Services will normally be set-up by the end of the next Working Day (17:00 hours). If you have not received the email notification from HQ Compliance and Training regarding the setting up or completed set-up of your goods and services within 3 Working Days, please get in contact with us.
4.B If you have chosen a unique and customised delivery arrangement that is different from the ones mentioned above, you will be informed either when you place your order or shortly thereafter.
4.C You have the right as a consumer to cancel your order without any complications, payment, or obligation, at any time before your order is sent to you.
4.D If you want to proceed with our quotation and want the services to start during the 14-day ‘cooling off’ period, we will need payment and confirmation that you are willing to give up your right to cancel the contract during this period. Your services will automatically begin after the 14-day “cooling off” period, unless you specifically request for them to start before this period ends. The 14-day “cooling off” period commences either from the date of payment for placing the order or from the date of receipt of the goods or services. We shall provide your goods or services to you approximately on the day you specify for the start of your contract.
Upon receiving your payment via debit/credit card or BACS (Bankers’ Automated Clearing Services) for our products and services, as specified in this contract, you will be granted permission to assign the Licences to your staff using an administration interface that will be set up for you
5. The Goods and Services
5. Goods or services are contingent upon availability and may change in content due to ongoing enhancements and updates in goods, specifications, or designs.
5.B It is your responsibility to ensure that the items and services being offered are suitable for your needs before making a purchase.
5.C HQ Compliance and Training Limited will furnish its clients with a fully operational version of the online educational resources. These resources will be licenced to the clients’ personnel for the purpose of utilising the course material, as outlined in the business model described below.
5.D HQ Compliance and Training Limited will ensure the courses’ intellectual material is regularly updated and kept current. This will encompass all textual and written material, as well as the authorization of any audio and video material.
5.E HQ Compliance and Training Limited will offer services including production, licencing, customisation, content upgrades, video hosting, and technical support.
6. Downloadable e-Learning Software Licences
6.A The content of our Downloadable e-Learning Software Licences should not constitute advice and may not be relied upon when you make or refrain from making any decisions.
6.B Subject to clause 12.C, HQ Compliance and Training Limited will be held liable or accountable to you for any of the following losses which may include; an economic loss, a loss of profit, a loss of business, a loss of revenue, a loss of data or detriment of goodwill or otherwise, whether directly, indirectly or consequentially and including or any additional claims for consequential compensation , which may arise out of, or in connection with the content, purchase and/or download by you of our:
6.B.1 Downloadable e-Learning Software Licences; and/or
6.B.2 materials the same as or like the Software e-Learning Downloadable Licences that are not provided or created by HQ Compliance and Training Ltd.
7. Copyright Information
7.A You hereby also acknowledge and agree that HQ Compliance and Training Limited and/or its licensors own all intellectual property rights in the goods or services. Except as expressly stated herein, the contract does not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the goods or services.
7.B Subject to clause 9.B no part of any publication, training materials, Downloadable e-Learning Software Licences, video production or any of HQ Compliance and Training Limited works may be copied, duplicated, or reproduced by you. Furthermore, these works may not be stored in a retrieval or reclamation system or transmitted or conveyed in any form or means such as electronic, photocopying, recording or otherwise without obtaining prior written authorisation and consent from HQ Compliance and Training Limited.
8.C Notwithstanding clause 8.B if the goods or services you purchase from us include a Software e-Learning Downloadable Licence trial you shall be permitted to download and use the Downloadable e-Learning Software Licences trial from the Website. All intellectual property rights in such Downloadable e-Learning Software Licences trials, between you and us, shall be owned by us both before and after purchase by you of the Downloadable e-Learning Software Licences trial.
8.D Any goods or services provided to you to trial are on a preview only basis and must therefore not be used for training purposes and until you purchase such goods or services, and/or they also not permitted to be provided to and/or made accessible to any third party.
9. Pricing and Payment of Goods or Services
9.A .Any goods or services should always be paid for at the point of sale and when you are purchasing the goods or services either via our website or through communications with our offices. Any price that you will asked to pay for the goods or services will always be confirmed prior to you making your purchase the goods or services.
9.B Any prices for the purchase of our Downloadable e-Learning Software Licences that may be displayed in our emails, newsletters, catalogues, leaflets, and website are in GBP currency, and delivery services are correct at this time of writing. We reserve the right to alter or change the displayed price before any order is placed. Any changing of pricing will be notified to you, always, before you purchase goods or services.
9.C Goods or services will always remain the property of HQ Compliance and Training until such times when the payment has been received by HQ Compliance and Training Limited from you in full and the funds are cleared through our banking system.
9.D Should you fail to pay HQ Compliance and Training Limited any payment due to under the contract by a due date for payment, HQ Compliance and Training Limited reserve the right to charge interest at the higher of either 3% above Monzo Bank plc base rate or the rate as set out in the commercial debts & late payments regulations. Any interest accrued will be on a daily basis from the due date until such times as that the actual payments of overdue amounts settled and are shown as ‘cleared funds’ in our banking system, irrelevant of if before or after judgment. You will pay the interest together with the overdue amount.
9.E Single or Monthly direct debit payments can be arranged through GoCardless, who are a third party payment collection company. Instalment payments must be maintained to avoid any services provided by HQ Compliance and Training Limited, from being cancelled. Any default in payments will be notified by email and/or in writing
10. Refund Policy
10.A HQ Compliance and Training Limited refund policies, comply with the ‘consumer contracts regulations’ which came into force on 13/06/2014 and implements the ‘consumers rights directive’ to help protect customers, who make online purchases. The EU Distance Selling Directive (2000) which was a part of UK law that related to distance selling, previously, under the Consumer Protection Regulations (2000) was abolished on 12/06/2014.
10.B Consumer Rights, in accordance with the above law, entitles you to cancel your purchase within the 14 day ‘cooling off’ period and during this time, you don’t have to give a reason to cancel your purchase in order receive a refund. If you wish to exercise your rights under the Consumer Contract Regulations, you can do so by informing us of your intentions in writing or by completing the model cancellation form, which can be dispatched to you upon request. Please see section 2. ‘Who we are’ for ways to contact us, which include by email to info@HQComplianceandTraining.com. Any refund will be limited to the cost of the Goods purchased.
10.BB Cancelling Digital Downloads – By downloading our digital e-Learning software Licences, you are acknowledging that you will be immediately forfeiting your rights to cancel your contract for any of the following scenarios;-
- Within a ‘cooling off’ period to purchase our Downloadable e-Learning Software Licences
- When making a Single or Bulk Purchase of our Downloadable e-Learning Software Licences
- When entering into any contractual term to purchase our Downloadable e-Learning Software Licence
10.C E-Learning Refund & Cancellation Policy If technical problems stop you from accessing the content you have purchased our support team will be trying to help you resolve the problem. You are required to have a functioning internet connection and equipment to enable you to view video files delivered over the internet.
10.D Refund Conditions All access to the HQ Compliance and Training e learning website is governed by a unique username and password. The username and password is part of a system which protects the security of the resource and enables HQ Compliance and Training Limited to monitor usage by any individual. When a refund request is received, HQ Compliance and Training Limited reserves the right to track the usage by an individual (through his/her username and password) of:
- Specific pages viewed
- Frequency of use
- Time period of use
- Certificates issued
- IP address used
10.E HQ Compliance and Training Limited reserves the right not to issue a refund if, upon inspection, the goods or services were found to have been used outside of the contractual terms in any way. No refund will be granted if HQ Compliance and Training Limited has reason to believe that an individual has viewed any of the information inappropriately, that they purchased. This does not affect your statutory rights.
10.F HQ Compliance and Training Limited reserves the right to charge a handling fee (15% of the original fee)
11. Liabilities
11.A This clause is designed and set-out to confirm HQ Compliance and Training Limited whole liability to you.
11.B All of these conditions, warranties and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, fully endorsed and permitted by law, excluded from the contract.
11.C Nothing in the following conditions limits or excludes our liability:
(a) personal injury or death as a result of, or caused by our negligence; or
(b) if relevant under section 2(3), Consumer Protection Act 1987 or
(c) for any matter which it would be illegal and unlawful for HQ Compliance and Training Limited to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
11.D Subject to conditions 12.B and 12.C
11.E HQ Compliance and Training Limited entire liabilities in contract (including pursuant to an indemnity) wrong doing (including breach of statutory duty or negligence), misrepresentation, reimbursement or otherwise, that may arise in concerning the performance or expected performance of the contract shall be restricted and limited to a maximum sum equivalent to the price paid by you for the goods or services; and
11.F HQ Compliance and Training Limited will not be will be held liable or accountable to you for any of the following losses which may include; an economic loss, a loss of profit, a loss of business, a loss of revenue, a loss of data or detriment of goodwill or otherwise, whether directly, indirectly or consequentially and including or any additional claims for consequential compensation or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the Contract.
12. Data Protection and Personal Information
12.A Please see our separate ‘Privacy Policy page for more clarity on how we use your information and data that we have about you.
12.B By accepting these terms and conditions, you consent to us holding your personal details. See our separate Privacy Policy page for more information on how we handle your data.
12.C Any debit or credit card details that we take from you will only be kept for the duration of the transaction for which the card was being supplied and used for only. Once the transaction has been completed to our satisfaction, your debit/credit card information will be deleted and no records of them will be stored or retained electronically or elsewhere.
13. Debit/Credit Card Payment Processes
13.A”. PayPal provided us with a secure platform for processing debit and credit card transactions on this website. PayPal may transfer your credentials to them, but they will only handle transactions as per your specific instructions.
13.B Your credit/debit card details will not be shared, sold, or lent to any third party under any circumstances. We shall retain any debit/credit card information we collect solely for the duration of the transaction being performed. If you are unwilling to make your payment using this method, we are pleased to provide the option of accepting debit/credit card payments over the phone or payment by BACS.
13.C Prior to providing any debit/credit card information online, it is imperative to verify that you have established a secure connection. Please refer to your browser’s documentation for detailed information on how to determine whether a website is secure and trustworthy or non-secure and unreliable.
14. Communicating with HQ Compliance and Training Limited
14.A All Contract communications between each party shall be in writing, including by email notification, sent by first-class paid post or by fax or delivered by hand.
(a) (When communicating with HQ Compliance and Training Limited) it should always be with its registered office or HQ Compliance and Training Limited will advise the Customer if the previous stated address has been changed; or
(b) When HQ Compliance and Training Limited is communicating with a customer, either to the addressee or registered office of, (if liaising with a company) or (in any other cases) to any address of the customer requested and set out in any documentation which may form a part of the contract or other stated addresses notified to HQ Compliance and Training Limited by the customer.
14.B Any communications to HQ Compliance and Training Limited will normally be considered to be safely received:
(a) if dispatched by first class paid post, at least two days (excluding Saturdays, Sundays and bank and public holidays) after being posted (based on the day of posting); or
(b) if delivered by hand to our registered offices, on the day of delivery; or
(c) if transmitted by fax on a ‘working day’ prior to a 3.00 pm transmission time or otherwise on the next ‘working day’.
15. Uncontrollable Events
15.At HQ Compliance and Training Limited reserves the right, if it is prevented from or delayed in the carrying out its business, due to circumstances beyond the reasonable control, to either cancel or defer the date of delivery the Contract or reduce the amount of the Goods or services ordered by you (without any liability to you) Reasons can include, but are not limited to, governmental actions, war or national emergencies, acts of terrorism, acts of God, protests, riots, civil commotions, fire, explosions, flood, epidemics, lock-outs and strikes or other labour disputes (irrelevant if relating to either party’s workforce), or restraints or delays affecting carriers, or an inability or delay in procuring adequate supplies or suitable materials. If the incident in question lasts for a continued period of more than 180 days, you shall be permitted and entitled to give HQ Compliance and Training Limited notice in writing to terminate the Contract
16. E-Learning
16.A In order to use and/or access the Downloadable e-Learning Software Licences that HQ Compliance and Training Limited has agreed to licence to you, you have two options:
16.A.1 To initiate a complimentary trial of the programme, please adhere to the online protocol or follow our email or written instructions. This entails completing a registration process, after which you will be granted authorization to freely explore module 1 from any of the courses available on our website.
The Downloadable e-Learning Software Licences will start on the date announced by HQ Compliance and Training Limited and will expire after a 12-month period, once they have been used, from the date they were granted to you. After this 12-month period has elapsed, you will no longer be able to access the software. If you wish to buy again any Downloadable e-Learning Software Licences after the 12-month period ends, please contact HQ Compliance and Training Limited to discuss the repurchase. The decision to repurchase the licences will be solely at the discretion of HQ Compliance and Training Limited. Unused licences are not subject to expiration.
Before contacting HQ Compliance and Training Limited to purchase our Downloadable e-Learning Software Licences, it is essential that you confirm your ability and readiness to register and install the software.
The use of Downloadable e-Learning Software Licences is restricted to a single system, unless otherwise specified. To acquire additional licences for additional computers or users, kindly reach out to HQ Compliance and Training Limited.
16.E Any attempt to install a single Downloadable e-Learning Software Licence on multiple machines or fraudulently extend the duration of any Downloadable e- Learning Software Licence will be considered a breach of licencing conditions. Such actions could be seen as a serious copyright infringement.
16.F Downloadable e-Learning Software Licences may be reclassified to a different category topic, subject to the decision of HQ Compliance and Training, in the event that an excessive number of licences of a certain type were acquired. In such cases, if the cost of the new licences being acquired exceeds that of the licences being exchanged, an extra premium may be required. If Downloadable e-Learning Software Licences are issued for new employees, who for example, did not commence employment, upon HQ Compliance and Training discretion, you will be able to reallocate the Licence to a different candidates, so long as no test answers were submitted.
17. Assignments
17.A HQ Compliance and Training Limited can assign any part of/or the whole Contract itself to any firm, company, or person.
17.B You shall not be permitted to assign any part of/or the whole Contract itself to any firm, company, or person prior written consent from HQ Compliance and Training Limited.
18. General Terms & Conditions
18.A All rights and remedies of HQ and Training Limited under the contract are independent and unaffected by any other rights or remedies of HQ Compliance and Training Limited, regardless of whether they are explicitly specified in the contract or not.
If any court, tribunal, or administrative body with the authority to do so determines that any provision of the contract is completely or partially illegal, void, voidable, invalid, unenforceable, or unreasonable, it shall be understood that such illegality, invalidity, voidness, voidability, unenforceability, or unreasonableness is considered separate from the rest of the contract. The remaining provisions of the contract will remain in full force and effect.
18.C HQ Compliance and Training Limited’s failure or delay in enforcing or partially enforcing any of its contract stipulations should not be considered as an abandonment or surrender of any of its contractual rights.
18.D If HQ Compliance and Training Limited chooses to waive any breach or default by the customer under any contract provisions, it should not be interpreted as a waiver of any subsequent breach or default. This waiver should not impact the other terms or conditions of the contract.
Clause 18.E of the contract explicitly states that the parties involved do not wish for any provision of the contract to be legally binding under the Contracts (Rights of Third Parties) Act 1999 for individuals who are not party to the contract.
This contract will be subject to English law, and all parties involved are required to comply with and accept the authority of the English courts in relation to the creation, existence, interpretation, execution, validity, and all other aspects of the contract.