Standard terms and conditions of contract only apply for online bookings and any phone or email bookings will have separate terms and conditions (in particular the Phoenix Close Protection Course).
The following terms and conditions apply to all orders for the purchase of services from Phoenix unless otherwise specified in a separate service level agreement or terms and conditions such as Docusign.
If you have any questions relating to these terms and conditions, please contact our Customer Service Centre by phone (0800 1244 616) between Monday to Friday 9:00 – 17:00, excluding bank and public holidays in England and Wales or email info@phoenixgroupplc.com.
We advise you to print off and keep a copy of these terms and conditions for your records. These terms and conditions do not affect your statutory rights.
DEFINITIONS
“Model Cancellation Form” means the model cancellation form of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, included at the back of these Conditions;
“Personal data” shall have the meaning set out in the Data Protection Act 1998;
“Service(s)” means the security services or course(s) offered by Phoenix;
“We/us” means Phoenix for all courses as the company the booking is made (not always delivery which may be an associated party) (the trading name of the the body registered as Zenith Operatives Ltd for all courses in England and Wales with Companies House and a registered business in England and Wales (number 10932771) whose national headquarters is at Phoenix HQ, 15th Floor, Lyndon House, 62, Hagley Road, Birmingham, B16 8PE.
“Website” means www.phoenixgroupplc.com or any subsequent URL which may replace it; and
“You” means the purchaser of services from the Phoenix.
We reserve the right to cancel or reschedule any of our courses. Where it is necessary to cancel or reschedule any courses, you will be informed at the first available opportunity and delegates will be rescheduled as a priority to the next available course(s). We do not accept any responsibility for certificates expiring as a result of a cancelled course.
PAYMENT
Full payment is required prior to the course start date. We reserve the right to withhold certificates until full payment has been cleared. Individual consumers are required to make payment at the time of booking.
COMPANY CANCELLATIONS
If you are booking as a company, the full course fee will be charged for cancellations made fewer than 10 working days before the course start date. Cancellations can be received either by phone (0800 1244 616) or email (info@phoenixgroupplc.com). This applies to both scheduled courses and group bookings.
CONSUMER CANCELLATIONS/RESCHEDULING OF COURSES
If you are booking as an individual, you have 14 calendar days in which to cancel your booking from the date it was made. If your course is due to start within this 14 calendar day period, we will offer a rescheduled date at no extra charge, but within 5 working days will result in the full course fee being due regardless of attendance.
This applies to both scheduled courses and group bookings. Cancellations can be made by phone (0800 1244 616), email (info@phoenixgroupplc.com) or using the Model Cancellation Form, below.
SCHEDULED COURSES
Transfers
As detailed above you can transfer a delegate once without incurring a charge, provided that we receive this request at least 5 working days before the course start date. If you book a course less than 5 working days before the course start date, you will not be able to make a transfer, except in the event of illness and you provide us with a medical certificate. Transfer requests can be received either by phone (0800 1244 616) or email (info@phoenixgroupplc.com).
Substitutions
Substitutions will be accepted provided that the request is received before the course start date either by phone (0800 1244 616) or email (info@phoenixgroupplc.com).
GROUP BOOKINGS
Transfers
No charges will be applied to any transfer request that we receive, provided that it is received at least 10 working days before the course start date. Any transfer requests received fewer than 10 working days before the course start date will incur an additional 50 per cent charge of the course fee and within 5 working days will be chargeable in full again.
COURSE PRICES
Our prices are inclusive of VAT.
COURSE TIMING AND JOINING INSTRUCTIONS
Good time keeping throughout the course is essential. We will issue full joining instructions to the booker, for delegates attending the course, which includes information regarding the start time of the course. If the booker does not receive the joining instructions, it is their responsibility to contact us either by phone (0800 1244 616) or email (info@phoenixgroupplc.com) to arrange for them to be re-sent.
Failure to attend the course due to not receiving joining instructions will result in the full cost of the course being charged. It is the responsibility of the booker to ensure that the delegate is fully briefed and made aware of these instructions and all course requirements before attending the course.
ATTENDANCE
Delegates must attend and complete all aspects of the course to qualify for certification. The full cost of the course will be charged for delegate(s) who arrive late or are absent from all or part of the course. This applies even if they are refused admittance due to lateness.
Please note that we may change the venue with notification of change via text or email at any point leading up to the course, so we politely request that you monitor and check texts and emails on the morning of the course.
MEETING THE NEEDS OF DELEGATES
We have an Equal Opportunities Policy. To enable us to ensure that all customers are treated fairly and their requirements are fully met, you must advise us in advance of any special requirements that your delegate(s) need in order to enable them to participate fully in the training.
Please note that we do not provide any specialist equipment and/or personnel such as signers or translators; however, these can be sourced at your own cost.
DELEGATE SELECTION
It is the responsibility of the employer to select suitable persons to train to become security operatives in the workplace. It is important that such individuals are:
Physically able to demonstrate physical activity including escorting and disengagements. The duties of a security operatives can be physically demanding. In line with the SIA’s requirements, delegates must be free from any condition that will affect their participation in the course and their capability to carry out the duties of a security operative.
Reliable, with the necessary disposition and communication skills.
Able to cope with stressful and physically demanding emergency procedure.
18 years old and above.
Delegates who are unable to meet the above requirements or fail to meet the pre-set assessment criteria for the course will not be awarded a certificate and will therefore be unable to act as security operatives.
LIMITATION OF LIABILITY
Except in respect of death or personal injury caused by our negligence, we shall not be liable by reason of any representation (unless fraudulent) or implied warranty condition or other term, or any duty at common law or under the express terms of this agreement, for any loss of profit or any indirect special or consequential loss, costs, expenses or other claims for compensation. Our entire liability to you under or in connection with this agreement and the provision of the security training shall not exceed the sum of twice the contract value. Nothing in this paragraph is intended to exclude any liability on our part for fraud.
DATA PROTECTION ACT 1998
Non-sensitive Personal data collected will be used for the purpose of delegate(s) and course administration and may be disclosed to appropriate bodies/organisations associated with such course.
The information may also be used for marketing purposes and you may be contacted by telephone or e-mail with details of future similar events and courses organised or promoted by us which may be of interest to you.
We will not send marketing communication to any individual or organisations who have requested that their details are not used for such purposes.
We take appropriate physical, electronic and managerial measures to ensure that we keep your information secure, accurate and up to date, and that we only keep it as is reasonable and necessary. If Personal data is disclosed, the Service Provider will ensure the bodies/organisations to which the Personal data is disclosed maintain equivalent measures and processes.
Contact details supplied to us will not be passed on to third parties.
COMPLAINTS
If you have any complaint about this website or any of the services we provide, you should contact our customer service department on the number above and we will try and resolve it as soon as possible.
GOVERNING LAW
These terms and conditions and all matters connected with any order you place on our website shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the jurisdiction of the courts of England and Wales.
How to find out what personal information we hold about you
You can request details of the personal information we hold about you under the Data Protection Act 1998.
We may require you to pay an administrative fee of £10.00 before we satisfy your request.
If you would like a copy of the information we hold on you, or want to update the information, please write to: Data Protection, Phoenix HQ, The Penthouse, 15th Floor, Lyndon House, 62, Hagley Road, Birmingham, B16 8PE, email info@phoenixgroupplc.com or call us on 0800 1244 616.
If you want to have your details removed from our marketing mailing lists, or to change your marketing preferences, please email info@phoenixgroupplc.com uk or call.
MODEL CANCELLATION FORM
To Phoenix:
Address
Fax number
Email address
I/We [*] hereby give notice that I/we [*] cancel my/our [*] contract of sale of the following goods [*]/for the provision of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate.