The Important Legal Bits
- What these terms cover. These are the terms and conditions on which we supply our digital marketing, online skills and social media training to you. References to training in these terms include 1:1 sessions and workshops. References to e-training include digital content provided to you by way of download or streaming.
- Why you should read them. Please read these terms carefully before you sign up for our training or e-training. They tell you who we are, how we provide training or e-training, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in them, please shout before going any further!
- You are a business customer because you are signing up for our training in connection with your trade, business, craft, profession or passion. We do not provide training to consumers. If you think you might not be a business customer, please contact us before signing up as our training may not be what you are looking for.
- This is our entire agreement with you. These terms set out the entire agreement between us in relation to the provision of our training or e-training to you.
Information about us and how to contact us
- Who we are. We are Hypestar! Our legal name is Hypestar Ltd and we are a company registered in England and Wales with registration number 9278329. Our registered office is at Acklam Hall, Hall Drive, Acklam, Middlesborough, TS5 7DY.
- How to get in touch. You can get in touch via email, our website or all things social (Facebook messenger, or twitter etc – check the top and bottom of our site for links). You can even contact us by telephone (0191 406 6382) if that is your preference. As a promoter of all things digital we are not a big fan of the post, but you can contact us at our registered office if you need to.
- How we may contact you. If we have to contact you we will write to you using the email address or via any social media platform that you provide to us when you sign up for our training. If you have given us your number, we may also contact you by telephone. We will never contact you by post unless you need us to.
Our contract with you
- How we will reserve your place. When you receive confirmation that we have accepted your reservation on to our training, a contract will come into existence between you and us.
- If we cannot reserve you a place. If for any reason we cannot reserve you a place we will let you know as soon as possible.
- If we have to cancel training. If we cancel training, we will let you know as soon possible and we will always refund you in full. This will bring our contract with you to an end.
Providing the training
- Training costs. The costs of training will be as displayed to you on our website. No surprises.
- If you purchase training. We will do what we can to provide the training on the date provided on our website.
- If you purchase one off e-training. We will make the digital content available for download or streaming by you as soon as we can after we receive payment.
- If you purchase a subscription to receive e-training. We will supply the digital content to you until either the e-training is completed or the subscription expires (as applicable) or you or we end the contract as described in these terms.
- We are not responsible for delays outside our control. If our training or e-training is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay you can end the contract and receive a refund for any training or e-training you have paid for but not received.
- Your rights if we postpone the training. Wherever possible will contact you at least one week in advance to tell you we will be postponing the training. If an urgent problem arises or there is an emergency we may provide less notice. If we have to postpone the training and you cannot attend the rearranged date you may end the contract and we will refund the cost of the training.
Your rights to end the contract
- Ending the contract because of something we have done or are going to do. If you want to end the contract for a reason set out below the contract will end immediately and we will refund you in full for any training which has not yet been provided and any e-training which has not yet been made available to you. The reasons are:
- we have told you about an error in the price or description of the training or e-training you have paid for and you do not wish to proceed (we will be sad to see you go);
- the training has to be significantly delayed or postponed because of events outside our control;
- we have postponed the training for more than two weeks; or
- you have a legal right to end the contract because of something we have done wrong.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault you can still end the contract before it is completed, but you may have to pay us compensation. A contract for training or e-training is completed when the training is delivered, or the e-training is paid for and downloaded or streamed. If you want to end the contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for training or e-training that has not been provided but we may deduct from that refund a percentage of the price you have paid:
|Where we find someone to take your place or you cancel your place with at least 10 working days’ notice||0%|
|Where you cancel your place with less than 10 but more than 5 working days’ notice||50%|
|Where you cancel your place with less than 5 working days’ notice||100%|
How to end the contract with us
- Tell us you want to end the contract. To end the contract with us, please let us know by getting in touch and confirming your details and the training you have booked.
- How we will refund you. If you are entitled to a refund under these terms we will refund you by the method you used for payment. However, we may make deductions from the refund, as described above.
- When your refund will be made. We will make any refunds due to you within 14 working days of us agreeing that a refund is due.
Our rights to end the contract
- We may end the contract if you break it. We may end the contract for training immediately without prior warning if you are abusive or disruptive to our trainer or other learners. We may end a contract for e-training immediately without prior warning if you reproduce our e-training in any format we have not agreed with you. You will not receive any refund in these circumstances.
Price and payment
- Where to find the price for the training. The price of the training or e-training (which includes any VAT) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the training or e-training advised to you is correct. However please see clause 17 for what happens if we discover an error in the price of the training you order.
- When you must pay and how you must pay. We accept payment through PayPal when paying for online and BACS details are provided on invoices raised. For e-training you must pay for the e-training before it is downloaded or streamed. For training you must pay for the training before your place can be reserved.
Our responsibility for loss or damage suffered by you
- Nothing in these terms shall limit or exclude our liability for: death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable), fraud or fraudulent misrepresentation, breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982, or any matter in respect of which it would be unlawful for us to exclude or restrict liability. All terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Subject to clause 26 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us and our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the value of the total sums paid by you for the training.
How we may use your personal information
- How we will use your personal information. We will use the personal information you provide to us to supply the training or e-training to you, to process your payment for the training or e-training; and if you agreed to this during the order process, to give you information about similar training and other services that we provide or that our sister companies, Enterprise Made Simple and Enterprise Revolution provide, but you may stop receiving this at any time by contacting us.
Other important legal bits
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.