Terms and Conditions:
Active IQ Level 2 Certificate in Gym Instructing
Active IQ Level 2 Certificate in Group Training
Active IQ Level 3 Diploma in Personal Training
Active IQ Level 3 Diploma in Long Term Conditions
Active IQ Level 4 Certificate in Strength and Conditioning
Active IQ Level 4 Certificate in Advanced Personal Training
Distance, Essential and Extra : Active IQ Level 2+3 Diploma in Gym Instructing and Personal Training
1.1 These terms and conditions (the “Terms”) and any credit approval application (“Credit Application”) are the basis of the contract (the “Contract”) between Norfolk Health & Fitness Limited (“Norfolk Health & Fitness Ltd”/”us”/”we”/”our”) and you.
1.2 You should print a copy of these Terms or save them to your computer for future reference.
1.3 We may amend these Terms from time to time. Every time you wish to make a booking with us, please check these Terms to ensure you understand the terms, which will apply at that time.
Application of these Terms:
2.1 Payment of the requisite fee (as detailed below) is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
2.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
2.3 We have the right to revise and amend these Terms from time to time. You will be subject to our Terms (including policies and procedures) in force at the time that you enrol on a course with us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case the same will apply to courses you have enrolled on or started.
2.4 If you do not provide us with the requisite information, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may make an additional administration charge of a reasonable sum to cover any extra work that is required or choose to cancel this Contract.
Application, Enrolment and Payment:
3.1 Applications will only be accepted with payment of the deposit, although please note that some courses require payment of the full fee. Please note that any payments paid after the fourteen day cancelation period and deposits are non-refundable.
3.2 If your course requires you to have a particular qualification, you must provide proof of that qualification when enrolling.
3.3 Full payment must be within 12 months if still studying. If the course is completed within 6 months we require payment to be made prior to the final exam. If the balance is not paid by this date, we reserve the right to hold your certificates, suspend access to online accounts and/or treat the course as being cancelled.
3.4 All course bookings are subject to availability. We reserve the right to keep a modular booking on hold (e.g. Certificate in Advanced Personal Training until the start date of the relevant Diploma. If you have a question regarding this issue please contact Kevin Mantle on 01603 324445.
3.5 If you are unavailable when course materials are delivered to the address provided by you and they are not collected from the local depot an additional distribution fee may be charged if we are required to take receipt of, collect and/ or redeliver the materials.
3.6 Our stated course fees include any delivery charges we incur to send course materials to a UK mainland address other than as stated in these Terms. Please note if your course materials have to be delivered to a non UK address, you accept liability for the delivery charge we will incur. Please contact Kevin Mantle on 07969494485 to check the delivery charge for the said course materials.
3.7 Please print your name clearly on this form. Your name will appear as detailed on the form on your certificate. A fee of £20 will be charged should you wish to amend and re-print your certificate.
4.1 Where payments are made by agreed instalments and those instalments have not been paid on the due date, we reserve the right to withhold the certificates release of examination results and/or delay the marking of course work until outstanding sums are paid. We reserve the right to suspend access to online accounts and/or treat the course as being cancelled. No refund of any course fees paid by you will be made. We also reserve the right to charge interest on late payments at a rate of 4% above the base rate from time to time of Barclays Bank (or other UK clearing bank) as may be notified to you accruing on a daily basis until payment is made. If you are a business, we additionally reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
Changes and Cancelations by you:
5.1 Cancellation Policy
5.1.1 When you make a booking with us, a Contract is formed between us. You have a legal right to cancel the Contract within 14 calendar days of the booking date.
5.1.2 If your course is due to start within the cancellation period, you may still cancel the Contract, but you will be liable to pay the full course fee after the 14-day cancellation period.
5.1.3 If your course has started and ended during the cancellation period, you cannot exercise your legal right to cancel.
5.1.4 If your course has started but is due to end after the cancellation period, you may still cancel the Contract within the 14-day cancellation period, but after that period, you will be liable to pay the full course fee.
5.2.1 We understand that unforeseen circumstances may arise, and you may need to alter your course booking. Every effort will be made to accommodate your request, but please note that it may not always be possible.
5.2.2 To request an alteration to your course booking, you must send a letter or email of alteration, together with an alternative booking (where applicable), to Kevin Mantle:
- For paper-based distance learning courses, within 28 days of the original booking date.
- For any other course that includes an attendance day(s), no later than 28 days before the start of the original course.
5.3 Any alterations are subject to our discretion and may be subject to an administration fee, as outlined below.
5.4 Provided that your request is received within the timeframe specified above and we are willing to accommodate your request, any fees paid, including the deposit, will be transferred to the alternative course.
5.5 The following administration charges will apply to all alterations:
- Learning and Continuing Professional Development (CPD) courses will be liable to an administration fee of £75.00.
- Diploma in Gym Instructing and Personal Training (including all associated modules within this course) will be liable to an administration fee of £150.
- Failure to attend any theory exams (all courses) will be liable to an administration fee of £30. Please note that any extension to Learning courses that go over their course time limit of: Level 2+3 Diploma in Gym Instructing and Personal Training courses that exceeds 12 months, Level 2 Certificate in Exercise to Music that exceeds 6 months will be liable to an extension fee.
- A third attempt on any theory exams on all courses is liable to a £30 exam re-take fee.
- Extension fees and full course fees must be paid before continuing the course after referring to our Learner Extension Policy.
- One-to-one support sessions: Without 24 hours’ notice, there will be a charge of £30 (tutor discretion).
- Third re-submission of work will be a charge of £30 (tutor discretion). This also includes a one-to-one support session, resulting in a deadline alteration.
- Changes to workshop attendances will be liable to an administration fee. Details will be confirmed to you when requesting the change. Please see your course student guidance notes or call Kevin Mantle on 07969494485 for details as the fee varies from course to course.
5.6 We reserve the right to make additional charges on cancellation to cover costs incurred by us in respect of course materials, online learning registrations and/or tutor time. You will be notified of any charges that may be applicable on cancellation.
5.7 Bookings for the Diploma in Gym and Personal Training (Dip. GIPT) are for the course as a whole and not for individual modules. Refunds will not be given for course down.
Changes and Cancellations by us:
6.1 If circumstances arise that are beyond our control, it may be necessary from time to time to change/cancel course dates, content, venues and prices from those published. Whilst we will make every effort to transfer your booking to the next available course, it should be noted that we will not be held liable for any costs/losses incurred as a result of any such changes. If we are no longer able to provide your course, we will ask you to return any course materials to us (at our expense) in the condition as originally delivered to you and refund to you any fees paid to date when we receive the materials as required.
6.2 We reserve the right to remove from any course; students that fail to comply with its standard practices and procedures. We reserve the right to refuse enrolments and/or suggest alternative arrangements if we believe that it will not be in our best interests of other participants and/or the individual concerned to attend one of our courses.
6.3 We reserve the right to remove a student/ students from any course, that fails to meet submission deadlines three times throughout the course. These deadlines are set by the student and tutor co-operatively at the start of the course.
Payment Plan Agreement:
This Payment Plan Agreement (“Agreement”) is made and entered into on [Date] by and between [Creditor Name], located at [Creditor Address], and [Debtor Name], located at The Union Building, 51-59 Rose Lane, Norwich, Norfolk, NR1 1BY.
7.1 Payment Plan The Debtor owes the Creditor the amount of £[Amount Owed] for the [Course/Service] that was provided to the Debtor. The parties have agreed that the Debtor will make payments to the Creditor to pay off the debt in full. The payment plan will consist of [Number of Payments] payments of £[Payment Amount] each, with the first payment due on [Due Date of First Payment], and subsequent payments due on the same day of each month until the debt is paid in full.
7.2 Payment Method Payments will be made through GoCardless. The Debtor agrees to authorize the Creditor to charge their bank account for the agreed-upon payment amounts on the due dates specified in this Agreement.
7.3 Cancellation of Payment Plan The Debtor may cancel the payment plan at any time by providing written notice to the Creditor. If the Debtor cancels the payment plan, the outstanding amount owed will become due immediately, and the Creditor may demand payment in full. No certificates or credentials will be handed out until the full payment has been received.
7.4 Default If the Debtor fails to make a payment on the due date specified in this Agreement, the entire outstanding balance will become due immediately, and the Creditor may demand payment in full.
7.5 Interest and Fees If the Debtor defaults on the payment plan, the Creditor may charge interest and additional fees as allowed by law.
7.6 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any dispute arising out of this Agreement shall be resolved exclusively in the courts located in [Jurisdiction].
7.7 Entire Agreement This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the payment plan.
7.8 Immediate Payment upon Cancellation The Debtor acknowledges and agrees that if the Debtor cancels the payment plan, the entire outstanding balance will become due immediately, and the Creditor may demand payment in full.
8.1 If you are a business, subject to clause 7.4, we will under no circumstances whatever be liable to you, whether in contract, tort(including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: 7.1.1 any loss of profits, sales, business, or revenue;
8.1.2 loss or corruption of data, information or software;
8.1.3 loss of business opportunity;
8.1.4 loss of anticipated savings;
8.1.5 loss of goodwill; or
8.1.6 any indirect or consequential loss.
8.2 In any event, our liability to you in respect of any claim made will not exceed the course fee paid by you.
8.3 If you are a consumer, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
8.4 We do not in any way exclude or limit our liability for:
8.4.1 death or personal injury caused by our negligence;
8.4.2 fraud or fraudulent misrepresentation;
8.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
8.4.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
8.4.5 defective products under the Consumer Protection Act 1987.
9.1 “Norfolk Health & Fitness Ltd” are trademarks. You do not have any right to use these marks unless we specifically consent to you doing so.
9.2 All written materials supplied by us to you shall belong to us until payment in full has been received.
9.3 If we provide you access to any online subscription materials, you acknowledge that such access is granted to you solely as a licensee. This licence will terminate on completion of your course or cancellation, whichever is the earlier.
9.4 All course materials and any online subscriptions are provided solely for your personal use in connection with your course. You may not copy, reproduce or modify any such materials, nor permit any third party access to them.
10.2 Where you have opted to pay for the course via our instalment option you acknowledge and agree that we may pass your details to credit reference agencies and make a credit reference agency search to determine your suitability and ability to pay by instalment.
Events Outside our Control:
11.1 A party shall not be in breach of this agreement, nor liable for any failure or delay in performance of its obligations under this agreement to the extent that such delay or non-performance is due to circumstances beyond that party’s reasonable control.
12.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12.2 We are committed to providing timely feedback to our learners. For courses, including but not limited to the Active IQ Level 2 Certificate in Gym Instructing, Active IQ Level 2 Certificate in Group Training, Active IQ Level 3 Diploma in Personal Training, Active IQ Level 3 Diploma in Long Term Conditions, Active IQ Level 4 Certificate in Strength and Conditioning, Active IQ Level 4 Certificate in Advanced Personal Training, and Distance, Essential, and Extra Active IQ Level 2+3 Diploma in Gym Instructing and Personal Training, we aim to send marked work back to learners within 10 working days from the date of submission. This 10 working day turnaround time is subject to reasonable variations due to the volume and complexity of assignments, exams, or assessments.
12.3 Submission of course work, all course work must be submitted at least ten working days before the course deadline for the tutor to mark and provide feedback. Failure to meet this deadline may result in additional costs or delays in grading. It is the responsibility of the learner to ensure timely submission of their work to allow for adequate feedback and assessment. This requirement is in place to ensure the efficient functioning of the course and the delivery of quality education.
12.4 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
12.5 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
12.6 These Terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.
12.7 Please note our online learning requires a minimum broadband speed of 512kb per second. We do however recommend a speed of at least 2MB per second to assist with your learning and the loading speed of our system.