Section 1: Open Programmes
It is anticipated that, in sponsoring a participant, a company is committed for the full duration of the Programme. As such, the Programme registration process requires the provision of a purchase order (and associated billing information) to cover at least the first 12 months' fees for the Programme.
1.2 Fees and billing dates
All Programme fees are reviewed as of 1st January every year. The calendar year is divided into four quarters for billing purposes. Participants will be deemed to have started in one of these quarters and invoices will be raised accordingly. The quarterly fee will be based on the rate for that quarter.
Participants can elect to pay fees annually. The annual fee is fixed for the year irrespective of the quarter in which the participant starts the Programme.
1.3 Fees for participants who leave the Programme
When a participant leaves the Programme due to non-performance, mutual agreement or withdrawal by the sponsoring company, a reconciliation based on the short course fee will be made and a balancing invoice issued. In addition, an additional administration fee will be charged.
1.4 Fees for participants who leave their sponsoring company
Where a participant leaves the sponsoring company and, as a result, the Programme, then the sponsoring company's commitment to WMG will extend to the end of the current billing quarter. A reconciliation based on the short course fee will be made and balancing invoice issued. In addition, an administrative fee will be charged.
Where a participant requests a suspension of their programme registration period, and the Programme Manager approves this request, for billing purposes the suspension will come into place at the end of the current billing quarter. No fees will be charged during a period of suspension. Billing will resume once the participant returns to the Programme. An administrative fee may be charged.
Where a participant requests an extension to their Programme registration period, and this request is approved by the Programme Manager, for billing purposes the extension will come into place at the end of the billing quarter. The total fees payable will be no more than the total Programme fees, subject to annual increases. An administrative fee may be charged.
1.7 Cancellation charges
Cancellation charges are levied on late cancellations or non-attendance on a booked module. This charge is necessary to recover the residential and facility costs that WMG will incur and the lost opportunity cost on the tuition fee. Current cancellation charges will be clarified at the Programme Induction.
Section 2: Custom Programmes
2.1 Programme scope
For bespoke company programmes the structure, content and schedule of delivery will be agreed mutually with the client company. The Programme will have an agreed start date and will continue until such time as the agreed schedule of delivery is completed or until any later date if mutually agreed with the client company.
Programme delivery will take place at the WMG premises or other mutually agreed premises.
2.2 Payment, fees and billing dates
The Programme fees and billing schedule will be mutually agreed with the client company in advance of the Programme start date. It is anticipated that the client company is committed for the full duration of the Programme and as such will provide a purchase order in advance of the Programme start date.
If any sum payable to WMG by the client company is not paid within 30 days after the due date, the University may suspend Programme delivery and/or charge interest on any sums remaining unpaid from the date that payment was due until the date that payment is made in full.
All Programme fees are non-returnable once the Programme has started.
2.3 Cancellation charges
In the event that the client company wishes to cancel the Programme it must notify WMG in writing in advance of its intention to do so and WMG will charge the company a cancellation charge. The current cancellation policy will be clarified with the client company at the time Programme fees are agreed.
Section 3: General
3.1 Residential and facility costs
The residential and facilities costs include: tea and coffee on arrival, mid-morning and mid-afternoon tea and coffee on all days, lunch on all days, dinner on all days expect the final day, study bedroom for the duration of the module, and use of lecture rooms, syndicate rooms and associated equipment.
3.2 Previous night accommodation
Accommodation on the night prior to the commencement of a module is not included in the standard Programme or module fees. If required, prior night accommodation is subject to availability.
3.3 Intellectual Property
WMG retains title to all Background IPR and materials.
WMG, participants and sponsoring and client companies Parties agree to treat any confidential information and materials received from the other or from a third party on behalf of the other in confidence and to use it only for purposes of the Programme.
The above commitment of confidentiality shall not apply to any information which is already in or comes into the public domain otherwise than through the fault of the receiving party or has been independently developed by the receiving party
Neither WMG nor the client will use the other’s name or logo in any press release or product advertising, or for any other promotional purpose, without first obtaining the other's written consent; except that the client may promote the Programme in order to recruit participants and the University may identify the sums received from the client in the University’s Annual Report and similar publications including HESA reporting.
3.5 Freedom of Information
The client acknowledges that WMG is subject to the provisions of the Freedom of Information Act 2000 (“FOIA”) and that any disclosure of Confidential Information made by WMG under the provisions of the FOIA shall not constitute a breach of confidentiality. However, WMG shall use all reasonable endeavours to give the Client five (5) days written notice before divulging any confidential information.
3.6 Warranty And Liability
Although WMG will use all reasonable endeavours to ensure the Programme is carried out in accordance with the Programme Scope, WMG does not undertake that the programme of activities will lead to any particular result, nor is the success of such programme of activities guaranteed, and WMG will be under no liability in respect of such programme of activities.
The liability of WMG will not extend to any incidental or consequential damages or losses including (without limitation) loss of profits. In any event, the client accepts and agrees that the maximum liability of WMG under or otherwise in connection with the Programme shall not exceed the return of the fees paid by the client.
Nothing in this section is intended to restrict or in any way exclude liability for death or personal injury as a result of negligence or for fraudulent misrepresentation.
Except as expressly provided in these terms and condictions, any conditions, warranties, representations or other terms express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
The client shall indemnify WMG in full against any claim, damages, liability or loss (including without limitation loss of profit and loss of reputation) suffered by WMG that results from any act (including acts of negligence) or omission of a student, employee or other representative of the client (“delegate”) while such celegate is participating in the Programme provided by WMG.
The client undertakes to make no claim against any employee, student, agent or appointee of WMG in connection with these terms and condictions.
No party shall act or describe itself as the agent, employee or partner of the other, nor shall it make any commitments on the other's behalf, and nothing in these terms and condictions is intended to create any agency, partnership or employment relationship.
Neither Party will be liable for any delay in performing its obligations under these terms and conditions if that delay is caused by circumstances beyond its reasonable control (including, without limitation, any delay caused by an act or omission or the other party) and the party affected will be entitled to a reasonable extension of time for the performance of its obligations.
No failure to enforce a right by either party shall constitute a waiver under these terms and conditions.
These terms and conditions constitutes the entire understanding between the parties relating to the Programme and may only be amended in writing signed by duly authorised representatives of the parties.
Neither party shall assign or transfer any of its rights or obligations under these terms and conditions without the prior written consent of the other Party.
Nothing in these terms and conditions shall confer on any third party any benefit or the right to enforce any provision of these terms and conditions.
These terms and conditions shall be governed by English Law and the parties hereby submit to the exclusive jurisdiction of the English courts.
These terms and conditions are set in good faith and any misunderstanding or conflict that may arise with respect to their interpretation and fulfilment, will wherever possible be resolved by the parties through prompt consultation and within a reasonable time period after one party raises a written dispute or disagreement with the other.