Of Working at Height Limited ®
For the purposes of these Terms: ‘We’ and or ‘Us’ means Working at Height Limited who will provide you with the courses your ordered. ‘You’ means the customer receiving the courses. ‘Enroll’ means the process of enrolling, booking or ordering a course and the term Enrolment shall be construed accordingly. If you order via the website, WhatsApp or social media this will involve you completing the relevant Order form on the website or sent to you form a Working at Height Repetitive giving us your company/personal information and submitting the details to us.
You can also order by telephone giving us your payment details and agreeing to proceed with purchase.
- PROVISION OF COURSES
Working at Height Limited reserves the right to deliver course materials in any format.
- METHODS OF COURSE DELIVERY
You the Learners receiving any skills-based course will do so via Face to Face Learning, Theory based course will be delivered via our Virtual Learning Platform (VLP). However, should there be insufficient numbers to run this course at the dates booked learners will be moved to the next available dates.
Working at Height Limited reserves the right to change course dates and delivery times without any prior notification or agreement.
- QQI/PHECC COURSES – “PREFERRED ENTRY LEVELS” & “SPECIAL REQUIREMENTS”
When delegates submit their enrolment application form they confirm that they can meet all the relevant “Preferred Entry Levels” & “Special Requirements” as listed on each course. All delegates will be asked to provide evidence of this after they enroll. Once enrolment has been submitted, no refunds will be provided if delegates fail to provide evidence of the “Preferred Entry Level” & “Special Requirements” they confirmed during the enrolment on a specific course.
4a. Prerequisite Entry requirements:
Candidates will not be accepted onto a course unless they can demonstrate evidence of compliance with the entry requirements for that course. Such evidence will normally take the form of valid certificate of competence. Candidates will be required to sign to confirm that they meet the pre- entry requirements Inc. statement of medical fitness prior to the start of the course. If a candidate is unable to meet the pre-entry requirements, they may not be able to continue with training without refund.
- YOUR RIGHTS TO CANCEL
Working at Height Limited reserves the right to impose the following penalties for cancellations made:
- More than 1 months’ notice – refunded full amount less administration fee of IE, EU €35.00 or UK £30 per delegate.
- Between 3-4 weeks’ notice of course date – 70% refund is given.
- Between 2-3 weeks’ notice of course date – 50% refund is given.
- Less than 2 weeks’ notice of course date – a refund is not available.
Working at Height Limited ® is flexible to consider changes to training format but reserves the right to refuse all modifications to the training program once a training slot has been confirmed.
Changes to the delegate roster on the Booking Form less than five days prior to the scheduled training will result in additional fees of €140.00 per delegate.
For Working at Height Limited ® and open enrollment trainings, Working at Height Limited ® requires a minimum of four Delegates enrolled in a class. If the minimum enrollment has not been met five working days ahead of the start date, the course could be cancelled. If cancelled, the client will have priority enrollment for the next scheduled Working at Height Limited ® training dates, or any future dates preferred by the client.
Booking deposits or full course payments are non-refundable. Should a learner fail to pass a course assessment, they are not entitled to a refund in respect of the monies paid for the course and/or your account will be charged in full. In the event that you, or a candidate which you represent fails to attend a course or presents for training without the course requirements you are not entitled to a refund in respect of the monies paid for the course, save in the event that adequate notice of cancellation is provided as per the above conditions:
For group or on-site training, a minimum of 30 days’ notice is required to cancel or transfer the booking.
**(Working Days mean Monday to Friday not including the day you contact Working at Height. These terms apply to both cash and account holding customers)
- LATE ARRIVAL POLICY
Please arrive 10 minutes prior to the course start time to allow for registration, tea and coffee.
In accordance with association/accreditation-based courses must start at the specified start time, late arrivals will be refused entry.
For all other courses learners who arrive more than 15 minutes late to a course will be refused entry.
All quotes issued are valid for 30 days.
- DATA PROTECTION
Working at Height treats all information and personal data that individuals or companies provide as confidential. The information provided is used for the purpose for which it was collected to allow Working at Height to provide goods and services. Working at Height may share the data with agents who act on our behalf in order to provide goods and services, but only insofar as is necessary.
We will provide the courses in accordance to each course description as detailed on our website. All representations, warranties and / or commitments not expressly set out in these Terms and Conditions (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law. We reserve the right to reformat any course material and website information at any time.
All purchases made by cash, card or bank transfers may be subject to a nonrefundable handling fee of 5% of the course price.
Full payment for the course must be received 14 days prior to the scheduled training unless an agreement with Working at Height Limited ® has been approved.
All payments must be made in full and can be made by Bank Transfer or Credit Card, to Working at Height Limited ®.
Credit/Debit Card Fees: Credit and Debit Cards will incur a 5% fee to the value if the invoice.
Bookings are regarded as confirmed only upon receipt of a full payment or a company purchase order. Invoices issued are payable on 30 days.
Credit account customer invoices are payable on 30 days. Booking placed by purchase order or payment is binding. Payment will be required in full for the number of candidates and duration of training specified on the order.
In submitting a completed online booking form, the delegate is confirming their participation in the agreed-upon class. Booking form can also be completed via workingatheight.ie website under the resources tab.
A temporary reservation for specific training dates can be made without a PO which is only valid until the end of the next business day (36 hours for non-open enrollment) to allow time for PO creation.
10a Expense Terms:
Expense Meaning “is addeemed as a cost’s to Working at Height Limited has incurred in running our operations due to being requested to carryout works outside our normal Operations of business, this can be but not Limited to:
- Travel Time: Instructors time spent traveling to site location. Travel Time will be charged at minimum wage rate: IE, EU €12.70/hr & UK ₤11.44/hr.
- Mileage: The Amount of mileage to get to site with a company car. IE €0.44cent/km – UK ₤0.45 Pence/Mile.
- Hotels: Cost Price to client as per receipt.
- Car Rental: Cost Price to client (Car & Fuel) as per receipt’s.
- Flights: Cost Price to client as per receipt.
- Food: Cost Price to client as per receipt.
- Shipping: Cost Price to client as per receipt.
Expenses will be invoiced post course and must be paid within 5 working days of invoice.
Delayed Payments past 5 working days will incur additional fees of 25% of the original invoice amount per day.
10b Course postponement fees as follows, include bad weather travel disruption:
More than 3 weeks’ notice – no charge
Between 2-3 weeks – 20% charge to change a place, unless place can be re-filled. Between 1-2 weeks – 50% charge to change a place, unless place can be re-filled Less than 1 week – 100% charge to change a place unless the place can be re-filled.
If a candidate does not complete the course, then a refund is not available.
Training for work at height may involve physical exertion in conditions of exposure to height. It is essential that all candidates are physically fit and able to carry out the tasks expected of them without risk to themselves or others.
In the event you are not satisfied with any aspect of your purchase please contact us in writing stating in what respects you are not satisfied and where you feel the content did not match the published contents as displayed on our website.
- OUR OBLIGATIONS TO YOU
The exclusions and limitations of liability contained in these Terms and Conditions do not apply to: Any loss or damage resulting from death or personal injury caused by our negligence; Loss or damage arising from fraudulent misrepresentation; or Any other losses which may not be excluded or limited by law. In the event of a Postal Dispute or other such events which are beyond our reasonable control we shall make every reasonable efforts to get your course to you as soon as is practical.
In no event shall we be responsible to you for any loss of profits, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. Further, in no event shall we be liable to you for indirect or consequential losses that you might suffer. Our maximum aggregate liability to you for any claim is limited to the amount of the course fee paid.
- YOUR OBLIGATIONS TO US
In accordance with Copyright Law, you are not permitted to reproduce or modify any part of a course, store it in a retrieval system or transmit it in any form by any means – electronic, mechanical, photocopying, recording or otherwise without the prior written permission of Working at Height Limited.
For More information please download the Learner Handbook on the resources tab on the workingatheight.ie website.
13a Medical Conditions:
Working at Height Limited cannot accept bookings for courses involving exposure to Endurance Based activities resulting from the delegates desired course choice. Any delegates with medical contra-indications against our courses that do involve a level of physical fitness. A non-exhaustive list of such conditions is given below.
- Heart disease / chest pain
- High blood pressure
- Epilepsy, fits, blackouts
- Fear of heights / vertigo
- Giddiness / difficulty with balance
- Impaired limb function
- Uncorrected visual impairment
- Alcohol or drug dependence
- Psychiatric illness / counselling
- Diabetes – type 2
- Muscular strain (e.g. bad back), dislocation, hernia – or similar musculoskeletal issues.
It is the responsibility of the individual or organisation making the booking to ensure that candidates attending the courses are free of any of the conditions described above or any other medical condition that could impair their ability on the training course to which they have subscribed.
By submitting a course booking form, the applicant asserts that candidates are physically fit for the intended course. It is unlikely that applicants can be certain of being free of contraindications without a proper examination by a GP.
Working at Height Limited ® the Certified Training Provider, as per the requirements under:
- Safety, Health and Welfare at Work Act 2005 Section 23 Medical fitness to Work.
- The Work at Height Regulations 2005 is to state that all employees who work at height should undergo a medical assessment, to reduce the risk of falls, injury and death, caused by a fall from height.
14 ISSUING OF CERTIFICATION:
Upon evaluation, all successful Delegates are issued a wallet card within 5 business days of the last day of the course, indicating its successful completion. Unsuccessful Delegates will be informed immediately and all remediation options will be discussed with the student and his or her supervisor, as appropriate.
Within 5 business days of the last day of the course, the client training contact will be emailed a digital version of the student certificate of achievement.
Upon request, an electronic copy of the course registration form, training release waver, and the student’s evaluation documents will be issued to the client training contact.
Clients registered under Working at Height Limited ® ITP program – electronic certificates and copies of the course administrative documents will be provided to the client training contact.
15 WAIVER AND RELEASE:
Hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Working at Height Limited ®, training instructors, training supervisors or “master instructor trainers”, officials, rescue personnel, facility and location owners, lessors, lessees, inspectors, surveyors, underwriters, consultants, solicitor’s and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the TRAINING, facilities and locations, and each of their affiliated owners, subsidiaries, shareholders,
officers, directors, managing agents, employees, independent contractors, members, agents, solictor’s, investors, assigns, affiliated organizations and entities, and all other persons or entities participating or involved in the TRAINING (hereinafter collectively “RELEASEES”), FROM ALL LIABILITY to the Client Organization, as identified in Booking Form sheet, and its affiliates, including those identified herein as DELEGATES or those participants in the TRAINING who are not identified herein as DELEGATES (hereinafter collectively “CLIENT” OR “RELEASING PARTY), for any and all loss or damage and any claim or demands therefore on account of INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH of the CLIENT arising out of or related to the CLIENT’s participation in any way in the TRAINING and/or the RELEASEES’s presence in or upon the RESTRICTED AREA where the TRAINING is or will be taking place, even that caused by the ordinary NEGLIGENCE of the CLIENT (hereinafter “LIABILITY”). The LIABILITY encompasses, but is not limited to, active or passive conduct, ordinary NEGLIGENT RESCUE EFFORTS, and ordinary NEGLIGENT enforcement of (or the failure to enact or enforce) rules, regulations and guidelines. It also encompasses, without limitation, LIABILITY concerning the ordinary NEGLIGENT selection, use, operation, design and/or maintenance of any equipment, facility, location, or service related to the TRAINING.
15a MEDICAL CONSENT AND RELEASE:
Hereby specifically AUTHORIZES AND CONSENTS TO RELEASEES providing and/or arranging for MEDICAL CARE OR TREATMENT OR EMERGENCY MEDICAL SERVICES OR RESCUE EFFORTS in the event of an emergency or in the event of an injury or medical condition that develops or occurs during participation in the TRAINING or during the CLIENT’s presence in or upon the RESTRICTED AREA. CLIENT expressly WAIVES AND RELEASES AND AGREES TO HOLD RELEASEES HARMLESS from and against any and all LIABILITY arising therefrom.
15b EXPRESS ASSUMPTION OF RISK:
Hereby acknowledges that the TRAINING is EXTREMELY DANGEROUS and involves the RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. This agreement also constitutes an express and contractual ASSUMPTION OF ALL RISKS AND DANGERS associated with participation in the TRAINING, which includes, but is not limited to, the risk of falling from extreme heights, serious injuries to any and all body parts and extremities, heat stroke or exhaustion, dehydration, windburn, electrocution, whiplash, concussions, rope burns, being struck by vehicles, objects, or equipment and/or making contact with or colliding with other participants or other persons and natural or manmade objects, and encountering fire and/or chemicals. The TRAINING will include participants of all skill and experience levels and varying types of equipment, and CLIENT expressly assumes the risks associated with mixed and varying skill levels and varying equipment. RELEASING PARTY also acknowledges that there may be undefined and presently unknown risks and dangers associated with the TRAINING, and that there may be risks and dangers that may result from the ordinary NEGLIGENCE of the RELEASEES. This includes the potential ordinary NEGLIGENCE in the implementation or enforcement of (or the failure to implement or enforce) any rules, regulation or guidelines related to the TRAINING and/or the potential ordinary NEGLIGENCE in the selection, use, operation, design, or maintenance of any equipment, facility or service related to the TRAINING. CLIENT hereby expressly assumes all such risks and dangers whether presently known or unknown. The CLIENT, also expressly acknowledges that injuries received may be compounded or increased by ordinary NEGLIGENT RESCUE OPERATIONS OR PROCEDURES of the RELEASEES or others.
15c INDEMNITY AND HOLD HARMLESS:
Hereby agrees to DEFEND, INDEMNIFY, AND SAVE AND HOLD HARMLESS the RELEASEES and each of them from any loss, liability, damage or cost (including solicitor’s’ fees and court costs) they may incur arising out of or related to the UNDERSIGNED’s participation in the TRAINING in any way or related to CLIENT’s presence in or upon the RESTRICTED AREA, whether cause by the ordinary NEGLIGENCE of the RELEASEES or otherwise. CLIENT also hereby agrees to DEFEND, INDEMNIFY, AND SAVE AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or cost (including solictor’s’ fees and court costs) caused by or arising out of any action or failure to act by CLIENT during or in connection with CLIENT’s participation in the TRAINING, and/or arising out or CLIENT’s improper, tortious, and/or criminal conduct.
15d INFORMED CONSENT AND VOLUNTARY PARTICIPATION:
Fully acknowledges and understands that he or she will be involved in height safety training, a hazardous physical activity. Such participation in the TRAINING will require physical and mental stamina and strength and will involve dangerous and changing circumstances and conditions. CLIENT has taken it upon himself or herself to be fully informed of the numerous inherent risks and potential dangers associated with the TRAINING, including the RISK OF BEING INVOLVED IN AN ACCIDENT AND SUFFERING SEVERE PERSONAL INJURY OR DEATH. CLIENT acknowledges that he or she has been informed that his or her PERSONAL SAFETY CANNOT BE GUARANTEED. CLIENT acknowledges that his or her participation in the TRAINING is completely voluntary, and he or she believes that the potential benefits of participation outweigh the risks and danger associated with the TRAINING. CLIENT acknowledges the need to provide his or her employer with a pre-participation physical release from a doctor or licensed health care provider acceptable for strenuous activity allowing participation in such training and acknowledges through self-declaration within the returning of this document suitable evidence of the employer’s pre-participation physical release. CLIENT acknowledges that he or she has been able to ask questions regarding the TRAINING, and that all questions have been satisfactorily answered.
15e OTHER PARTICIPANT AND CLIENT OBLIGATIONS:
Acknowledges that it is his or her responsibility to do all of the following: (1) fully disclose to RELEASEES any health issues or medications that are relevant to participation in the TRAINING; (2) inform RELEASEES if there are any activities or aspects of the program about which the CLIENT does not feel comfortable; (3) cease participation and promptly report any physical discomfort, illness or complications; and (4) clear his or her participation with his or her personal physician. CLIENT also acknowledges that he or she bears full responsibility to become aware of and familiar with any and all rules, regulations, and instructions, and to follow such rules, regulations and instructions.
Acknowledges, the nature of high risk environment demands annual training, as part of this requirement the two year certification period stated on the Working at Height Limited ® training certificate is only recognized if the employer and employee take it upon themselves to initiate and conduct an annual in-house refresher training. Failure of the employer/employee to conduct such training by the anniversary will result in the invalidation of the certificate.
Hereby agrees that this Agreement extends to ALL ACTS OF ORDINARY NEGLIGENCE by the RELEASEES, including premises liability and NEGLIGENT RESCUE OPERATIONS, and it is intended to be as broad and inclusive as is permitted by law. CLIENT acknowledges that THIS AGREEMENT IS INTENDED TO BE FULLY SEVERABLE, and that if any portion of this Agreement is held invalid, it is agreed that the balance the Agreement shall continue in full legal force and effect. That shall include modifying the Agreement to allow the remainder of claims to be waived, released, and indemnified against in the event that the inclusion of any particular type of claim is found to be invalid or contrary to public policy. This Agreement is to be interpreted and enforced under the laws of the European Union.
Hereby accepts all terms set forth herein and acknowledges this is the complete agreement between the parties regarding these issues, and CLIENT agrees and acknowledges that NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS HAVE BEEN MADE APART FROM THIS AGREEMENT. RELEASING PARTY HAS COMPLETELY READ THE ENTIRETY OF THIS AGREEMENT, FULLY UNDERSTANDS ITS TERMS, AND UNDERSTANDS THAT THIS IS AN IMPORTANT LEGAL DOCUMENT AFFECTING SUBSTANTIAL LEGAL RIGHTS. CLIENT SIGNS THIS DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO HIM OR HER AND CLIENT INTENDS HIS OR HER SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. CLIENT was given ample opportunity to read the Agreement and/or have it reviewed by legal counsel of his or her choice. CLIENT was also offered a copy of this Agreement.
- ACCEPTANCE OF TERMS & CONDITION
When you enroll for a course with Working at Height Limited whether it be by telephone, post or online it is a condition of all enrolments that you have read, understood and accepted these Terms & Conditions.
16a. Forms Returned.
By returning the completed Booking Form, Bothe the DELEGATE & CLIENT confirms their participation in the TRAINING herein described and PROVIDES AN ELECTRONIC ACKNOWLEDGEMENT (in lieu of signature) ACCEPTING THE TERMS AND CONDITIONS HEREIN. Additional acknowledgement will be required of DELEGATES participating in the TRAINING recognizing the inherent hazards and risks associated with the TRAINING, medical fitness requirements, personal protective equipment, and behavioral safety; however, no further release or waiver of liability will be required of individuals participating in the TRAINING.
These terms are governed by and shall be construed in accordance with Irish Law. Any dispute arising between us under or in connection with these Terms shall be subject to the non – exclusive jurisdiction of the Irish courts. These Terms constitute the entire agreement between us in relation to the provision by us to you of a course and they replace and supersede any prior arrangements between us in relation to the publication.
You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the course other than those expressly set out in these Terms.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site is owned, controlled or licensed by or to Working at Height Limited.
You may use information on Working at Height Limited website (such as course information) purposely made available by Working at Height Limited, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Working at Height Limited on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Working at Height Limited ® 585870