‘Cactus‘ shall mean Cactus, Cactus Language, Cactus TEFL, Cactus Language Training or any other trading aliases of Cactus Worldwide Limited (registered company address: Unit 7, The Workshops, Marcus Street, Birkenhead, CH41 1EU, United Kingdom).
The ‘Client‘ shall mean the person in whose name the booking is made and shall include any persons on whose behalf the same is made.
The ‘Trainer‘ shall mean any person assigned by Cactus to deliver the training, which may include substitute teachers.
‘Force Majeure‘ shall mean any event outside Cactus’ control which prevents the prompt performance of its obligations, including natural disasters, war and civil strife, etc.
1. Training Delivery
1.1 By agreeing to these terms and conditions, you are committing to purchase the number of hours of tuition outlined in your proposal at the full cost as quoted.
1.2 Trainers are allocated to the Client according to a combination of the Client’s linguistic needs and geographical location. All Trainers are vetted by Cactus and guaranteed to be qualified to the appropriate levels.
1.3 The Client must notify Cactus immediately if there are any problems relating to either course content and/or the Trainer. Cactus endeavours to resolve any issues as quickly and efficiently as possible.
1.4 The Client agrees to ensure that any premises used for classes (home or office) conform to basic Health & Safety standards.
2. Cancellations & Refunds
2.1 The Client must inform Cactus of any changes to the pre-agreed calendar with a minimum of 24 hours notice. In the case of late notification, i.e. less than 24 hours before the scheduled lesson, the lesson will be forfeited by the Client and billed in full.
2.2 The Client must inform Cactus of any changes to the training location at least 48 hours in advance of the scheduled lesson, as this must be agreed with the Trainer. A supplementary charge may be applied and billed to the Client to cover any increases in travel expenses incurred due to the change of location.
2.3 The Client must inform Cactus of any changes to class size, training conditions or frequency of lessons by phone and in writing. Cactus’ Operations Manager or the Client’s Account Manager should be the first point of contact.
2.4 The Trainer has the right to withdraw from training if confronted with unprofessional or discourteous behaviour or if the Client is not fit to take the lesson due to for example intoxication or other similar factors.
2.5 Lesson time lost due to later arrival of Trainers (e.g. transport delays) may be made up at the end of the lesson or rescheduled, depending on the Client’s preference. Lesson time lost due to late arrival of the Client may be made up by direct arrangement with the Trainer, at the Trainer’s discretion.
2.6 Trainers are on assignment from Cactus, and as such, the Client may not discuss or enter into individual agreements with a Cactus Trainer.
2.7 Cactus reserves the right to take up to 28 days to source a suitable Trainer. If Cactus fails to find a suitable Trainer within that time, the Client will be reimbursed in full. Cactus cannot be held responsible for any loss, financial or otherwise, or any outcome whatsoever arising from the non-delivery of a language course.
2.8 Any paid lessons need to be used or scheduled by the Client within a period of 12 months from invoice date. Any lessons unused after that 12 months period will be forfeited by the Client. No refunds will be available.
3. Payment
3.1 Corporate Account holders:
– Payment of the full invoice value must be received two weeks prior to the course start date. The invoice amount includes course materials and trainer travel costs unless otherwise stated.
– Late payment will result in a suspension of lessons & we will exercise our statutory right to claim interest (at 8% over the bank of England base rate) and compensation for debt recovery costs.
3.1.i Individuals
– A deposit of 25% is required, with the balance of full fees on allocation of the tutor, a minimum of 48 hours before the first lesson.
– Trial lessons: a non-refundable deposit of 25% is required, with the balance of the full fees due a minimum of 48 hours before the second lesson.
3.2 Payment methods are as follows:
– Bank Transfer: Please contact us at privatetuition@cactuslanguage.com and we will send you an invoice.
– Cheque: Payable to Cactus Worldwide Ltd.
– Debit/Credit card: Please call
3.3 Debit card payment by any client will not incur a handling charge; however, payments by credit card are subject to a fee of 2.75%.
3.4 Please ensure that all bank transfer payments are accompanied by a reference showing your invoice number. Failure to provide this may lead to a delay in your course start date.
3.5 Any paid lessons need to be used or scheduled by the Client within a period of 12 months from invoice date. Any lessons unused after that 12 months period will be forfeited by the Client. No refunds will be available.
4. Alterations by Cactus
4.1 Cactus will do its utmost to provide the training arrangements as outlined in your proposal, but it must reserve the right to modify or cancel any course if unforeseen circumstances force it to do so. This may include, but is not limited to Force Majeure, acts of terrorism or political unrest. Cactus will always try to make reasonable alternative arrangements in these cases.
5. Translation Services
5.1 Technical considerations may result in variations between original and translated documents. Cactus will use its best judgment in the use of terminology in a given field and will seek the closest match between the layouts of the original and the translation documents.
5.2 Cactus will use reasonable endeavours to meet the deadlines requested by the Client for the Services requested. Cactus reserves the right to advise the Client of changes to the timescale for completion of any Services where it is unavoidable, and accepts no liability for any loss or damage which may be suffered by other parties as a direct or indirect result of a change in delivery date.
5.3 Cactus will use its best judgment in the selection of language terms in relation to the context of the original document. Any changes requested from the language terms used by Cactus will be paid for by the Client. Cactus shall correct free of charge any indisputable mistranslated, grammatical mistake, omission, or typographical error.
5.4 For purposes of the limitations on Cactus’ liability set forth shall be deemed to include the Company, its affiliates and their respective successors, and the directors, officers, employees, agents, representatives, suppliers, subcontractors, translators and interpreters of the Company, and “damages” will refer collectively to all injury, damage, costs, claims, loss, liability or expense incurred. Cactus’ fees for Services are established in reliance on limitations of liability set forth in this section. The client acknowledges that it elects to accept the fees calculated on this basis, and agrees that this allocation of risk of liability is fair and reasonable.
5.5 The Client acknowledges that the fees for the Services are unrelated to the value of Client’s business or the potential for indirect, incidental, consequential, and special damages or any other damages in excess of those allowed by this section.
5.6 The Client retains the right to purchase insurance to cover any additional loss or liability. The parties agree as follows: (a) the Client’s liability in respect of damages caused by any defect or failure of the Services, or arising out of or in connection with the performance or non-performance of any Services under this agreement (excluding death or personal injury arising out of the negligence of Cactus and any other exclusions prohibited by the applicable law), regardless of the form of action, whether in contract, tort, including negligence, strict liability or otherwise, shall be limited to a credit or refund of the fees paid for the Service(s) which gave rise to the claim. (b) Cactus shall not be liable for any indirect, incidental, special or consequential damages or for lost profits, savings or revenues of any kind, whether or not Cactus, its employees, agents or subcontractors had knowledge, actual or constructive, that such damages might be incurred.
5.7 Force majeure. Neither Cactus, its affiliates nor their respective successors shall be liable in any way for any loss, damage, delay or failure of performance resulting directly or indirectly from any cause which is beyond the Cactus’ reasonable control, including but not limited to: fire, explosion, lightning, pest damage, power surges or failures, strikes or labour disputes, terrorism, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, product or transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or any other cause beyond the Cactus control whether or not similar to the foregoing.
6. Terms & Conditions of Free Virtual Trial Lesson Promotion October 2017
6.1 The promotion is valid for all existing Cactus Language Training customers and new customers.
6.2 For all companies taking up the offer there must be a minimum of 3 delegates of the same level wanting to learn the same language. For all individuals wanting to take up the offer the lesson will depend on the volume of other individuals wishing to learn the same language at the same level.
6.3 The promotion comprises a free group virtual classroom language lesson, for a duration of 30 minutes.
6.4 Languages available: Spanish, German, Italian, French, English.
6.5 Cactus will offer a range of days and times when the lessons can be taken; these will be stipulated by Cactus and the customer may choose the option most convenient for them.
6.6 If Cactus is unable to form a group of 3 people from the individuals who are interested then no lesson will run.
6.7 The lesson cannot be transferred and cannot be exchanged for money.
6.8 If the lesson is cancelled by the customer with less than 24 hours’ notice, the customer will be invoiced for the lesson.
6.9 The offer is limited to one 30 minute lesson per company or individual.
6.10 Cactus reserves the right to cancel a lesson; in this instance the lesson will be re-scheduled at a mutually convenient time.
6.11 Cactus reserves the right to withdraw the promotion at any time.
The parties agree that this agreement shall supersede all previous oral and written agreements and be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.