Terms and Conditions

CLIENT TERMS & CONDITIONS


Definitions and Interpretations in these Conditions

‘Cactus’ shall mean Cactus, Cactus Language, Cactus TEFL, Cactus Language Training or any other trading aliases of Cactus Worldwide Limited.

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
  2. 1. By signing this order form or sending us your payment details, you are committing to purchase the number of hours of tuition advertised/outlined in your proposal at the full cost as advertised/quoted.
  3. 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.
  4. 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.
  5. 4. The Client agrees to ensure that any premises used for classes (home or office) conform to basic Health & Safety standards.
  6. 5. Lesson Postponement:
    1. 5.1 Fully Flexible:
      Lessons can be postponed. The Client must inform Cactus of any such changes to scheduled lessons (time and day) 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. 5.2 Daytime Only:
      Lessons can be postponed. The Client must inform Cactus of any such changes to scheduled lessons (time and day) with a minimum of 48 hours notice. In the case of late notification, i.e. less than 48 hours before the scheduled lesson, the lesson will be forfeited by the Client and billed in full.
    3. 5.3 Fixed:
      Lessons are fixed and cannot be changed, cancelled or postponed. Any lessons the Client cannot attend will be forfeited and billed in full. The Client should notify Cactus of any lessons they cannot attend, so the Trainer can be informed.
  7. 6. 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.
  8. 7. 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.
  9. 8. 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.
  10. 9. 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.
  11. 10. Trainers are on assignment from Cactus, and as such, the Client may not discuss or enter into individual agreements with a Cactus Trainer.
  12. 11. 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.
  1. Payment
  2. 1. Individual Courses & Private tuition:
  3. 1.1 Payment must be made in full before training commences.
  4. 1.2 A standard booking fee of 2.75% will be applied to credit card and non-UK debit card payments.
  5. 1.3 A standard booking fee of 3.5% will be applied to Amex credit card payments.
  6. 2. Corporate account holders:
  7. 2.1 Cactus’ standard payment terms are 30 days from the date of invoice. The invoice amount includes course materials and Trainer travel unless otherwise stated. Cactus reserves the right to:
  8. 1) cancel future lessons, if payment terms are not adhered to and
  9. 2) charge 2% monthly interest on unpaid invoices, exceeding the payment term.
  10. 2.2 A standard booking fee of 2.75% will be applied to credit card and non-UK debit card payments.
  11. 2.3 A standard booking fee of 3.5% will be applied to Amex credit card payments.
  12. 2.4 In the case of a bank transfer, all applicable bank charges are to be paid by the sender.
  13. 2.5 Payments made from overseas bank accounts must be made in such as way as to ensure the full invoice amount is received in the original currency of the invoice.
  14. 2.6 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.
  1. Cancellations & Refunds
  2. 1. Individual Courses & Private tuition:
  3. 1.1 For cancellations made up to 7 days before the course start date, the Client is eligible for a full refund or can choose to postpone the start date.
  4. 1.2 For cancellations made less than 7 days before the course start date, no refunds are available.
  5. 1.3 No refunds are available for non-attendance.
  6. 1.4 Credit card fees are non-refundable.
  7. 1.5 How to claim a refund: The client must notify Cactus by phone and in writing. All refunds will be subject to the terms outlined above.
  8. 1.6 In the event that Cactus is unable to provide all or part of a course, the Client will be entitled to a full refund on any lessons not received, including any credit card fees.
  9. 2. Corporate account holders:
  10. 2.1 Cancellations made up to 7 days before the course start date, incur a cancellation fee of 10% of the total cost of the course/training.
  11. 2.2 Cancellations made less than 7 days before the course start date, incur a cancellation fee of 25% of the total cost of the course/training.
  12. 2.3 No refunds are available for non-attendance.
  13. 2.4 Credit card fees are non-refundable.
  14. 2.5 How to claim a refund: The client must notify Cactus by phone and in writing. All refunds will be subject to the terms outlined above.
  15. 2.6 In the event that Cactus is unable to provide all or part of a course, the Client will be entitled to a full refund on any lessons not received, including any credit card fees.
  1. Alterations by Cactus
  2. 1. Cactus will do its utmost to provide the training arrangements as advertised/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.

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. Last updated 23rd March 2012.