Terms and Conditions – Courses
Please read these conditions carefully before using the salesandmarketingcourses.co.uk website. By using the salesandmarketingcourses.co.uk website, you signify your agreement to be bound by these conditions.
By sending an enquiry you agree to share your personal information and give consent for the company who posted the course advert to process his/her information.
1. The following definitions apply:
- “Client” means the company, firm or organisation which has set up an account with Sales & Marketing Courses in order to use the Services.
- “Commencement Date” means the date for the commencement of the Services as set out in the Order Confirmation.
- “Lead(s)”means the details (set out in clause 37) of third party prospective purchasers who are interested in courses provided by the Client.
- “Order Confirmation” means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services; and in the case of orders via the Sales & Marketing Courses sales team, the form signed by the Client confirming details and pricing of the Services ordered by the Client.
- “Sales & Marketing Courses” means Friday Media Group Limited, acting through its division salesandmarketing.co.uk.
- “Friday Media Group” means all companies in the same group as Sales & Marketing Courses. Two companies are in the same group if they share the same ultimate holding company.
- “Services” means the online course listing services as set out in clause 2.
- “Terms” means these terms and conditions.
- “Website” means www.salesandmarketingcourses.co.uk and includes without limitation its content, databases, software, code and graphics.
2. The following Services are available from Sales & Marketing Courses via the Website:
- Standard course listings: the Client may advertise its courses on the courses website ( www.salesandmarketingcourses.co.uk ). There is no limit on the number of courses which may be advertised. There is no guarantee as to where/how high on search results the courses will display.
- Branding Opportunities: various opportunities to promote the Client’s brands are available, including Provider Profile, where Sales & Marketing Courses will post a profile of the Client’s company or organisation on the Website for an agreed time.
- Email Services: various email services are available, including:
o Solus emails, where Sales & Marketing Courses sends one-off emails with details of the Client’s course(s) to an agreed number of candidates who match criteria agreed between Sales & Marketing Courses and the Client. Courses will link to the Client’s website.
o Newsletter emails, where Sales & Marketing Courses sends one-off emails with details of the Client’s course(s) to an agreed number of candidates who match criteria determined by Sales & Marketing Courses. Courses will link to the Sales & Marketing Courses website.
- Cost per Lead (CPL): Leads to prospective customers will be generated through the Website. Standard Lead introductions and Qualified Lead introductions are available. Further details on these services are set out in clause 37.
- Cost per Click (CPC): Sales & Marketing Courses will direct users to the Client’s website when the users click on the Client’s course listing(s) on the Website.
- Sponsored Keywords: the Client has the option to sponsor specific keywords used in its course listings in order to gain greater prominence on the Website.
- Sponsored Articles: The Client may purchase sponsorship of an article which will feature in the Career Advice section of the Website, targeted emails or social media channels. The Client will be mentioned in the sponsored article and link(s) to its course(s) and/or website will be included in the article.
- Banner Advertising: The Client may purchase advertising impressions (to be agreed) which will be displayed on agreed parts of the Website.
3. Sales & Marketing Courses shall provide the Services in accordance with these Terms. Clients must set up an account with Sales & Marketing Courses in order to gain access to the Services. The Services do not constitute an offer by Sales & Marketing Courses, and Sales & Marketing Courses reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation. The Client is responsible for maintaining the confidentiality of its passwords and account and is also responsible for all activity occurring under its account. The Client agrees to notify Sales & Marketing Courses immediately of any unauthorized use of its account or any other breach of security. Sales & Marketing Courses cannot accept any liability for any loss, damage or other liability arising from the Client’s failure to comply with this clause 3 or for any unauthorized access or use of its account.
4. A legally binding contract between Sales & Marketing Courses and the Client comprising these Terms and the Order Confirmation will come into effect when (i) in the case of online orders, the screen confirming successful purchase of Services appears on the Website or (ii) in the case of orders via the Sales & Marketing Courses sales team, Sales & Marketing Courses has received the Client’s completed Order Confirmation. The Client acknowledges that such contract is conditional upon the Client passing Sales & Marketing Courses’s credit checking process. Any terms and/or conditions introduced by the Client shall not form part of the contract unless Sales & Marketing Courses has signed a written agreement accepting such terms and/or conditions.
5. Sales & Marketing Courses shall perform the Services using information and criteria supplied by the Client. It is the Client’s responsibility to provide accurate and up to date information.
6. The Client undertakes not to submit for inclusion in any course listings, its Provider Profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect Sales & Marketing Courses or Sales & Marketing Courses’s reputation.
7. Sales & Marketing Courses shall issue an invoice to the Client on formation of contract as set out in clause 4 above, and in the case of subscription Services, at agreed intervals in advance thereafter. The Client shall pay Sales & Marketing Courses’s invoices in full within 14 days from the date of invoice. In the event of late payment, Sales & Marketing Courses may suspend any or all of the Services until payment is received. In the event that the Client fails to pay any invoice within 7 days of receipt of a notice to pay (receipt shall be deemed to be 2 working days after the date of such notice), Sales & Marketing Courses may terminate the Services and all outstanding invoices shall become payable immediately. In the case of subscription Services, the fees in respect of any outstanding minimum term shall also become payable immediately. For the avoidance of doubt, the Client shall remain liable for payment of all agreed Services notwithstanding such Services have been suspended or terminated under this clause 7. Without prejudice to any other remedy, Sales & Marketing Courses reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended. Any figures used for
invoicing purposes will be based on data held and collected by Sales & Marketing Courses; such data to be made available to the Client on reasonable request.
8. Online payment services will be carried out by Direct Debit. Payment by direct debit must be arranged with Sales & Marketing Courses’s sales team who will provide the Client with a direct debit mandate form to complete.
9. Unless a refund matrix has been set out in the Order Confirmation, once a contract has been formed, Sales & Marketing Courses cannot accept any cancellation of the agreed Services: no refunds will be given and outstanding invoices shall remain payable. Subscription Services are for a minimum term of 12 months unless otherwise agreed with Sales & Marketing Courses. In the event of early termination, no refunds will be given, outstanding invoices shall remain payable, and the fees in respect of any outstanding minimum term shall become payable. For Services purchased online, refunds may occasionally be given at Sales & Marketing Courses’s sole and absolute discretion.
10. Sales & Marketing Courses may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.
11. Sales & Marketing Courses reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
12. Without prejudice to any other remedy, Sales & Marketing Courses may terminate the Client’s account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if Sales & Marketing Courses has reasonable grounds to believe that the Client cannot or will not pay its debts.
13. Sales & Marketing Courses reserves the right in its sole and absolute discretion to close any account at any time without reason. Examples of accounts that may be closed include, but are not limited to:
- those of Clients who have not provided full or accurate contact or company information
- those of Clients that Sales & Marketing Courses considers to be acting inappropriately or illegally
- those of Clients who fail Sales & Marketing Courses’s credit checking process, or who default on payment.
14. The Client agrees to use the Website and the Services in ‘good faith’ i.e. to post course listings of reasonable quality, which provide both adequate and accurate course details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client’s access to the Services being removed, and its account terminated. Should the Client’s account be terminated under this clause, then no refund for services paid in advance will be made to the Client. A list of best-practice guidelines can be found on our website.
15. The Client may not use the Sales & Marketing Courses name or Sales & Marketing Courses brand or refer to Sales & Marketing Courses in any of its course listings to make any claims in relation to its courses listed on the Website (e.g. “Sales & Marketing Courses’s top-selling course”) unless authorised in writing to do so.
16. The Client may not encourage or incentivise (whether in a course listing posted or otherwise) users of the Website to obtain or purchase any of the courses listed on the Website from alternative sources.
17. The Client may not include its contact details or website details in the course listings and/or business profile to appear on the Website.
18. The Client grants Sales & Marketing Courses a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce, adapt, modify, distribute, translate, publish, display and otherwise exploit any content the Client makes available to publish on the Website (“Client Content”) in order for Sales & Marketing Courses to provide the Services. The Client represents and warrants that it has the rights, power and authority necessary to grant the aforementioned license; that it does not infringe the rights of any third party; and that it complies with all applicable laws.
19. All intellectual property rights connected with the Services and/or the Website shall remain vested in Sales & Marketing Courses or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.
20. Sales & Marketing Courses cannot guarantee that (i) the Website and/or the Services will be available at all times; (ii) the Website will be free from errors, viruses and/or other harmful applications; and (iii) the Services will generate any leads, responses or results.
21. Sales & Marketing Courses shall not be in breach of these Terms if events beyond its reasonable control prevent Sales & Marketing Courses from performing the Services.
22. It is the Client’s responsibility to protect its computers against any viruses and malware.
23. These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between Sales & Marketing Courses and the Client. The Client acknowledges that it has not relied on any representation made by Sales & Marketing Courses in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.
24. In the event that the Client makes a claim against Sales & Marketing Courses for whatever reason, Sales & Marketing Courses’s liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall Sales & Marketing Courses be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude Sales & Marketing Courses’s liability for death or personal injury by negligence or any other liability which cannot by law be excluded.
25. If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
26. Notices to Sales & Marketing Courses shall be sent by email to [email protected] and notices to the Client shall be sent by email to the address supplied on set up of the Client’s account.
27. From time to timeSales & Marketing Courses will contact Clients in order to evaluate the service they receive and also to promote Sales & Marketing Courses’s services and products.
28. The Client undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated company or organisation, any employee of Sales & Marketing Courses or of any member of the Friday Media Group. Breach of this clause shall be a material breach and will entitle Sales & Marketing Courses, without prejudice to any other remedies it may have, to terminate the Client’s account and Services immediately.
29. The Client will not be entitled to bring any claim or legal proceedings in respect of any refund or other repayment, howsoever arising, 4 years after the date on which entitlement to such refund or repayment arose. For the avoidance of doubt, the Website terms and conditions apply in addition to the above Terms.
30. The Client will comply with all applicable laws, including without limitation current data protection legislation.
31. For the sake of clarity and the avoidance of doubt, the Client acknowledges that it is acting as a data controller for the purpose of current data protection legislation in connection with any personal data it obtains in the provision of the Services by Sales & Marketing Courses. It is the Client’s responsibility to comply with its obligations as a data controller and to satisfy itself of the legal grounds for processing any personal data.
32. The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
32. By submitting a course listing, the Client is authorising Sales & Marketing Courses to post such course on the Website.
33. The Client is responsible for the content of the course listing and will indemnify Sales & Marketing Courses against any claim, loss, liability, expense and/or damage (“Losses”) in connection therewith.
34. Prospective customers’ responses will be forwarded bySales & Marketing Courses by e-mail or via Sales & Marketing Courses’s API. The Client is responsible for verifying the information contained in prospective students’ ‘ responses and Sales & Marketing Courses accepts no responsibility for the content of any such responses.
35. All and any subsequent dealings between the Client and any customer in connection with the customer’s response to the course listing are the responsibility of the Client and Sales & Marketing Courses accepts no liability whatsoever therewith. The Client acknowledges and agrees that it will respond to any prospective customer within 24 hours of receiving the enquiry via Sales & Marketing Courses.
36. The Client will comply with all applicable laws, including without limitation the Data Protection Act.
37. Sales & Marketing Courses reserves the right in its sole and absolute discretion to remove any course listing at any time without reason. Examples of course listings that may be removed include, but are not limited to:
- those that Sales & Marketing Courses considers illegal, inappropriate or fraudulent.
- those that advertise franchise, pyramid, network marketing or get-rich-quick schemes.
- those which breach clauses 16,17 and 18 of these Terms and Conditions.
Cost per Lead
37. 1.1 A Standard Lead will be generated when a prospective customer (individual or corporate body) indicates interest in a course listed by the Client by completing an enquiry form on the Website supplying his/her contact information (email address and phone number), first name and last name.
37. 1.2 A Qualified Lead will be generated when a prospective customer (individual or corporate body) indicates interest in a course listed by the Client by completing an enquiry form on the Website supplying his/her contact information (email address and phone number), first name and last name, as well as:
additional information obtained via extra fields added to the enquiry form (and as set out in the Order Confirmation). Examples of extra fields include country of residence, postcode and availability. The Client will be billed based on the number of additional fields on the enquiry form.
responses to a maximum of 5 screening questions. Examples of screening questions include details about available budget, authority to purchase and timescales to make the purchase. The Client will be billed based on the number of screening questions.
37. 2 Sales & Marketing Courses shall provide the Client with the Leads generated through the Website.
37. 3 The Client acknowledges that Sales & Marketing Courses receives the information contained in the Leads from third parties; that Sales & Marketing Courses is not responsible for verifying such information and therefore Sales & Marketing Courses will not be liable for the accuracy or validity of any information contained in the Leads generated through the Website.
37. 4 The Client is responsible for informing Sales & Marketing Courses if it is not accepting Leads from outside the UK. In the absence of informing Sales & Marketing Courses, Sales & Marketing Courses will charge for all Leads provided to the Client.
37. 5 The Client will be invoiced at the end of every 4 week period. If the same Lead (based on the email address provided) is generated in the same 4-week period, the Client will be billed only once in relation to such Lead.
37. 6 The Client may set a number of leads or budget cap. Such cap will be set out in the Order Confirmation. When the agreed cap is reached, Sales & Marketing Courses will automatically remove the Course from the listing. If no cap is agreed, then Sales & Marketing Courses will charge the Client for every lead generated through the Website
Cost Per Click
38. The Client will be charged for all traffic generated to their nominated website (per click) when users of the Website click on the Client’s course listing which appears on the Website.
Sales & Marketing Courses
8 Pittman Court
Registered Number – 508874516
Registered in the UK