Terms and conditions
LAST UPDATE: February 4, 2022
Harrybaker Training Institute Limited (hereafter referred to as the “Company”, “Harrybaker Training Institute ”, “Harrybaker”, “we”, “us”, and “our”) provides www.harrybakertraining.com. We recommend that prospective clients read Harrybaker Training Institute’s terms and conditions, prior to any purchases.
Definitions
(a) The company”, “Harrybaker Training Institute ”, “Harrybaker”, “we”, “us”, and “our” – this refers to Harrybaker Training Institute Limited with a registered office at Seacroft Court, 1, Jide Sawyerr Drive, Lekki, Lagos.
(b) “Client”, “Your”, “You” – this refers to the individual purchasing from Harrybaker Training Institute who intends to attend a training event.
(c) “Booker” – this refers to the person making the booking with Harrybaker Training Institute, on behalf of a client attending the course.
(d) “The Website” – this refers to www.harrybakertraining.com.
(e) “Terms and Conditions” – this refers to the terms of usage and conditions under which all purchases are pursued and the website and content are utilised.
(f) “Booking Form” – this is an agreement between Harrybaker Training Institute and its clients, with regard to prospective delivery of services.
(g) “Joining Instructions” – this refers to a set of instructions that are given to clients upon receipt of payment, regarding event-related details.
(h) “Working Days” – this refers to days between Monday and Friday, excluding Public Holidays.
Prices
(a) All pricing quotations are only valid for 7 days from the date that they are first sent to the client. All prices are subject to change due to the dynamic nature of our business and of the training industry.
(b) The published prices exclude VAT. Clients and Companies must pay Harrybaker Training Institute any VAT that is chargeable on services that are provided; Harrybaker Training Institute will list the correct VAT amount on the invoice – as required by statute.
(c) All quotations exclude VAT. If the corresponding purchase is pursued, as required by statute, VAT will be applied at the point of purchase and featured within the sales invoice.
(d) The published prices do not include any travel, accommodation or living expenses that the client may incur in attending unless specifically mentioned on the Booking Form.
(e) VAT is payable regardless of the Client’s country of origin; the point of supply for VAT purposes is the location of the course. For eLearning courses, VAT will be charged with regard to the place of supply and the relevant tax legislation in the country of consumption.
(f) If a third party vendor, certification body, or service provider alters their examination fee or material cost, Harrybaker Training Institute reserves the right to adjust the relevant training course prices to reflect such alterations.
(g) Training event prices listed on correspondence, brochures, leaflets, and materials belonging to Harrybaker Training Institute are not legally binding due to anticipated price fluctuations; they are advisory at the time of public dissemination and do not constitute as part of a legal agreement.
Payments
(a) The course fee(s), including VAT, are payable in full immediately upon receipt of the invoice. Clients wishing to make payments made from non-Nigerian accounts or credit cards must be responsible for all bank charges in relation to the overseas transactions.
(b) Without prejudice or distortion to alternative rights listed, Harrybaker Training Institute will impose a late payment charge of 8% over the Central bank of Nigeria base rate. Payments can be made in cash, bank deposit (including transfer) and other means agreed with the client or booker.
(c) Where a Purchase Order is issued, it must clearly state the purchase order number, course dates, full Invoice amount, and contact details for invoicing. When more than one course is booked on the same booking form, full payment for all courses is required immediately upon confirmation before the commencement of the first course.
(d) The client shall produce evidence of remittance of all statutory deductions such as withholding tax (WHT).
(e) Full payment must be made before commencement of training or access to eLearning (self-paced learning courses)
(f) All payments must be received, regardless of payment terms, prior to an examination being issued or delivered by the Company
Cancellation
Cancellations made by Harrybaker
(a) Harrybaker Training Institute reserves the right to cancel, move, and reschedule a training event or course due to circumstances that are beyond Harrybaker Training Institute’s control, such as trainer illness or low attendance. Reasonable efforts will be made to contact and notify clients of any alterations to their training event or course. If a training event is cancelled, Harrybaker Training Institute will either re-allocate Clients to future training events with the Client’s consent or offer eLearning (self-paced learning).
Cancellations by client
(a) A client can only cancel an instructor-led event. eLearning (self-paced Learning) can not be cancelled.
(b) Courses can only be rescheduled 30 days prior to the event without attracting a cancellation fee
(c) Cancellation made between 29 days and 15 days prior to the course start date will attract a cancellation fee of a lower of ₦50,000 or the amount paid by the client to date
(d) Cancellation made between 14 days and 7 days prior to the course start date will attract a cancellation fee of a lower of ₦70,000 or the amount paid by the client to date
(e) Cancellation made between 6 days and 1 day prior to the course start date will attract a cancellation fee of a lower of ₦100,000 or the amount paid by the client to date
(f) Cancellation cannot be made on the course start date
Course Rescheduling by client
(a) A client can only reschedule instructor-led events. eLearning (self-paced Learning) can not be rescheduled.
(b) Courses can only be rescheduled 30 days prior to the course start date without attracting a cancellation fee
(c) Rescheduling made between 29 days and 15 days prior to the course start date will attract a Rescheduling fee of ₦30,000
(d) Rescheduling made between 14 days and 7 days prior to the course start date will attract a Rescheduling fee of ₦50,000
(e) Rescheduling made between 6 days and 1 day prior to the course start date will attract a Rescheduling fee of ₦70,000
(f) Rescheduling cannot be made on the course start date
Refunds
(a) When a refund is issued to the Client by Harrybaker, the refund may take up to a maximum of 20 working days to be processed. Deposits and banking fees are non-refundable.
(b) Harrybaker Training Institute will not be liable for any fluctuation in exchange rates or bank charges for overseas refund transactions.
(c) Course examination vouchers are non-refundable.
(d) Where a customer has outstanding monies, any refunds granted will be offset against any outstanding monies.
Changes to course
(a) Harrybaker Training Institute reserves the right to change any part of a published course; if this is caused by circumstances beyond our control. Harrybaker Training Institute reserves the right to cancel or reschedule any course and will advise the Client as soon as the change is known. Harrybaker Training Institute will use all reasonable endeavours to avoid changes of this nature. For any courses that are rescheduled due to unforeseen circumstances (such as trainer sickness/ low course attendance), every endeavour will be made to provide a replacement trainer or to reschedule the course and we will offer Clients a variety of options to pursue their training programme; however, should the offered alternative not be an acceptable option for the Client, a full refund will be issued.
(b) Contents of course timetables are intended for general guidance only and serve as an advisory purpose only. Any typographical errors including pricing or omission in any website, sales literature, administrative documentation, course materials, or other documents are subject to change without any liability on the part of Harrybaker Training Institute.
(c) The course information, including the course, date, and venue, pre-coursework, maps and directions, will be advised upon the receipt of payment, in the form of joining instructions. Harrybaker Training Institute reserves the right to change the venue, for circumstances that are beyond our control, and will advise the Client as soon as the change is known. Harrybaker Training Institute cannot be held liable for out of pocket expenses due to cancellations or alterations to the course venue, that are out of our control.
Course materials
(a) If for any reason (including but not limited to transit delays beyond the control of Harrybaker Training Institute) courseware does not arrive on time for the course we will commit to replacing it at the earliest opportunity and make best endeavours to make temporary materials accessible, as required, to continue the learning programme. Refunds will not be granted for transit-related delays beyond the control of Harrybaker Training Institute.
Non-Attendance
(a) Non-attendance of any course, regardless of delivery type (classroom, e-learning, virtual, onsite), for any reason whatsoever is deemed to be a cancellation without notice. Part-attendance of a Course is when a Client does not continue to the full course completion. For non-attendance and part attendance, the Client will not be entitled to any refund for courses or part of courses that were not attended and the client will not be entitled to joining another course at a future date. Simply put, the money is gone. However, the Client will have access to course materials as those who actually attend the training.
Course Suitability
(a) The booker accepts that it is their responsibility that the course booked is suitable for the requirements and abilities of the clients attending. Harrybaker’s employees may recommend courses or learning solutions, however, the assessment and the final decision concerning the suitability of the course is the Client’s responsibility. In cases where we have made recommendations, we do so in good faith and will not be wilfully misleading.
(b) All public and onsite training courses are delivered only in English unless specified otherwise and all Clients must be sufficiently proficient in the English language prior to attending the course.
Admission
(a) Harrybaker Training Institute reserves the right to refuse admission to any person whom it considers in its absolute discretion to be unsuitable for the training programme.
Booking on behalf of the Client
(a) In all cases, the booker must bring these terms and conditions to the attention of Clients attending the event, if booking on their behalf. It is the booker’s responsibility to ensure that the Clients receive all the relevant information including the joining instructions, course and venue updates and that they meet the eligibility and published prerequisite requirements.
Onsite Training on a Client Specified Site
(a) It is the Client’s responsibility to provide all facilities, equipment, and setup required for the trainer to deliver the training. Harrybaker Training Institute reserves the right to cancel or discontinue the course if, in the Trainer’s opinion, the venue, equipment, or conditions are unsuitable.
E-Learning, Online Learning
(a) Course enrollment, fees, and log-in credentials are strictly non-transferable, non-cancellable, and non-refundable. Fair Usage Policy and Intellectual Property Rights apply to the access of study materials and prohibition of material dissemination.
(b) Harrybaker Training Institute reserves the right to restrict access based on operational requirements including bandwidth consumption to ensure fair access to all learners.
(c) Whilst Harrybaker Training Institute endeavours to ensure that the information on the online platform is correct, we do not warrant the accuracy and completeness of the materials on the site and we make changes to the eLearning/online content from time to time, without notice. Harrybaker Training Institute reserves the right to change or alter course content from that which is published in order to maintain the high quality of the learning.
Exams
APMG Exams (AgilePM, Lean Six Sigma, Change Management, etc.)
(a) All Examination requests must be registered with Harrybaker Training Institute’s Exam Booking Team and the exam is held within 45 days of the course’s conclusion or payment completion date.
(b) Exam bookings must be made a minimum of 3 working days in advance of the chosen examination date
(c) Exams are not sat within 45 days of course completion date or payment completion date will attract an extension fee of ₦50,000+VAT
(d) If a customer wishes to rearrange an exam, upon selecting their chosen time and date, they will be subject to a rescheduling fee of ₦50,000+VAT.
(e) The client shall forfeit the right to the exam if registration is not completed within six months of making payment for the exam.
Peoplecert Exams (PRINCE2, ITIL, Service Desk, etc.)
(a) Exams will be booked at the completion of the course or completion of payment for the exam and the exam voucher will be sent to you. Once the exam is booked, you have one year to sit the exam
Scrum.org Exam (PSMI)
(a) Exams will be booked at the completion of the course or completion of payment for the exam and the exam voucher will be sent to you. Once the exam is booked, you have one year to sit the exam
PMP & Business Analysis exam
(a) Clients shall provide all details to complete the exam registration 45 days after payment has been made for the exam.
(b) Failure to provide necessary information within 45 days of course completion will attract an extension fee of ₦50,000+VAT
(c) The client shall forfeit the right to the exam if registration is not completed within six months of making payment for the exam.
Copyrights
(a) All intellectual property rights for all course materials shall remain the property of Harrybaker Training Institute. The Client agrees not to reproduce, disseminate, sell, hire, lend, or copy the course materials or use them except for the purpose of personal reference. Harrybaker Training Institute warrants that it will not knowingly include any copyrighted material in its course materials without a licence, consent, or attribution.
Intellectual Property
(a) The website, including content, design, organisation, layout, and software code are subject to copyright and intellectual property rights that are owned by Harrybaker Training Institute.
(b) The re-use of illustrations, photographs, diagrams, or videos featured on Harrybaker’s website, without attribution, is prohibited under all circumstances. The deletion or alteration of proprietary rights, including copyright and trademarks, is prohibited under all circumstances.
(c) All products and services of Harrybaker Training Institute without limitation are protected by international copyrights, trademarks, and are subject to intellectual property rights. Therefore all intellectual property belongs to Harrybaker Training Institute, its related companies, its affiliates, or suppliers.
(d) The use of Harrybaker’s name or logo is prohibited under all circumstances unless prior written consent is obtained from the Company.
(e) Harrybaker Training Institute does not accept responsibility for intellectual property used during any training provided that does not show an affiliation to Harrybaker. Any intellectual property used in a training course, including the course itself, is protected by limitations laid out in international copyright law and is subject to intellectual property rights.
(f) If we are making a bespoke course, we require a predefined specification to adhere to. In the absence of such predefined specifications, we will adhere to our own guidelines of what we view as “fit for purpose”. If no specification was provided, Harrybaker Training Institute shall not be held responsible for any losses incurred as a consequence of the provided service.
(g) You may not copy, sell, reproduce, distribute, download, modify, display or prepare derivative works based on, repost, transmit, or otherwise use any of the intellectual property of Harrybaker’s website or course materials. The information on this site is provided “as is” and without any warranties.
(h) Harrybaker Training Institute does not accept responsibility for the content of any third party sites that may be referenced by us. The following activities are strictly prohibited: use of robots, material dissemination, other automatic devices or manual processes to monitor or copy the site of any of its content or the replication of this site to any server.
Warranty & Liability
(a) Harrybaker Training Institute’s liability for loss and damage shall be limited to a claim for damages. The maximum aggregate liability will be the charges for the course out of which the loss or damage has arisen. Harrybaker Training Institute will not accept liability for personal injury that occurs during our training courses caused by the negligence of any third party. Harrybaker Training Institute will not be liable for indirect, special, or consequential loss (including loss of anticipated profit or data), however arising, even if it has been advised of such potential loss.
(b) Harrybaker Training Institute will not be responsible for any damage resulting from any computer viruses arising from software installed on a Client’s computer systems.
Personal Belongings
(a) Personal belongings or items belonging to a Client that are brought into a training course by the aforementioned Client are the sole responsibility of the Client. Harrybaker Training Institute accepts no responsibility for the items or any loss or damage that may occur during the course.
Non-Solicitation
(a) For 12 months following either the invoice date or the date of course delivery, of any contract carried out for the Client by Harrybaker Training Institute or an associate company of Harrybaker Training Institute, the Client, will not directly nor indirectly employ or solicit for employment any employee of Harrybaker Training Institute. If the Client breaches this clause, Harrybaker Training Institute shall be entitled to recover from the Client a fee of 50% of the gross annual salary of the employee of Harrybaker Training Institute solicited for employment.
Assignments
(a) Harrybaker Training Institute may assign its interests in all or part of this agreement. The Client may not assign or transfer this contract without the express written permission of a Director of Harrybaker Training Institute.
Deviation
(a) No deviation from these terms and conditions will be allowed without the express written permission of a Director of Harrybaker Training Institute. No communication either verbal or printed on our websites will override these Terms and Conditions. If, in any case, any of these conditions shall be held to be invalid or shall not apply, the contract and the other conditions shall remain in force and effect. These Terms and Conditions override all terms raised on a PO by a client.
Force Majeure
(a) Harrybaker Training Institute shall not be in breach of this contract if the provision of services is delayed or cancelled or reduced through any circumstances beyond its reasonable control, including acts of God (including but not limited to, fire, flood, earthquake, storm, snow, hurricane, or other natural disasters), sickness, war, invasion, the act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout, or interruption or failure of electricity or telephone service.
(b) Clients must ensure that they can attend the training courses that they are scheduled to attend. Harrybaker Training Institute will not be held liable, financially or actually, for their non-attendance, whatsoever the reason may be.
Privacy Policy
(a) Harrybaker Training Institute is committed to maintaining your privacy and the use of your personal information. If at any stage you have a question regarding the personal information that we hold on file, please do not hesitate to contact us.
(b) Harrybaker Training Institute will not disclose personal information to a third party organisation unless we have your prior consent to provide this or you have opted to allow the use of your personal information in the pursuit of performance and delivery of our service to you. If the request for your personal information is for a legal purpose, this we would class as an exception, but only after we have 100% fully verified the name or organisation requesting your personal details.
(b) It is our commitment not to collect personal information from Clients visiting our website unless they have voluntarily submitted their personal information via one of our contact forms that requires information that could be based on an enquiry or to book onto a training course. If you start to complete a contact enquiry form and decide not to finish, partial details are stored from where Harrybaker Training Institute may use this information to make contact with you, only to discuss your initial enquiry that was started but not finished. From time to time, Harrybaker Training Institute may contact you to inform you about a specific future training programme. Visitor IP addresses may be seen by Harrybaker Training Institute and on some occasions, the provider’s hostname but this information will not disclose your identity.
Recording of Harrybaker Training Institute’s Employees or associates
(a) The monitoring or recording of any Harrybaker Training Institute’s employee is not permitted under any circumstances
(b) Clients are not permitted to take any video/photography/audio during the course without the prior written consent of Harrybaker Training Institute and its Clients, failure to do so will be considered a direct breach of our terms of business and this matter would be taken very seriously.
(c) Clients are not permitted to take any video/audio during correspondence with Harrybaker Training Institute’s employees without the prior written consent of Harrybaker Training Institute and its Clients, failure to do so will be considered a direct breach of our terms of business.
(d) Harrybaker Training Institute will not take photographs, videos, or any audio recordings of you during a course and will not use this material for Harrybaker Training Institute’s own marketing purposes without your prior consent.
Security and Encryption
(a) Harrybaker Training Institute shall implement reasonable measures to ensure that correspondence and machines used during training events are free from viruses and potentially harmful malicious software.
(b) Harrybaker Training Institute makes no warranty for the reliability, protection, or virus-free nature of the material that is downloaded from our website.
Confidentiality
(a) All Client and Company information that is disclosed to Harrybaker Training Institute will be kept confidential. Such information will not be disclosed by Harrybaker Training Institute to any third party organisations or individuals, unless reasonably required for the performance of our service delivery, for example, booking examinations.
(b) Such information shall only be disclosed to employees that require such knowledge to conduct their role at Harrybaker Training Institute. Such individuals are subject to legally binding obligations of data protection and confidentiality.
(c) Harrybaker Training Institute shall not be liable for the disclosure of any Client or Company information that is readily available in the public domain, or if dissemination is agreed in a legally binding written approval document.