Termos de uso

Abaixo você encontrará os termos de uso da Thomas International.

Proteção de dados - Privacidade

Proteção de dados - Privacidade

Ao acessar o website, você se encaixa em uma das categorias abaixo: 

  1. Visítante que está navegando e deseja entrar em contato conosco e obter mais informações (“Visitante”); 
  2. É cliente online da Thomas (“Cliente online”); 
  3. Solicitaram que preenchesse uma avaliação no website ou fornecesse mais informações relacionadas a um processo de seleção (“Candidato”). 

A forma como administramos seus dados pessoais depende da categoria na qual se encaixa. Há, também, informações que se aplicam a todos. Por favor, mova a barra de rolamento para baixo. 

Visitante
Como visitante, você pode entrar em contato conosco por email, telefone ou formulário online. Feito isso, nós manteremos seus dados, para enviar a você mais informações sobre nossos serviços. Nós só compartilharemos seus dados com distribuidores associados no país em que reside. 

Cliente online
Como cliente online, seus dados estão protegidos por ua conta de usuário. Ao se tornar um cliente, você receberá um nome de usuário e uma senha que protege todas as suas informações. Seu nome de usuário identifica-o como a pessoa que receberá acesso. A Thomas irá manter os dados da avaliação e os resultados usados por você para fins de análise. Nós nos empenharemos para manter a segurança desses dados e jamais os divulgaremos a ningúem, exceto aos que assinam o serviço (a menos que haja uma exigência legal). 

Candidato
Como candidato, talvez forneça informações relativas ao processo de recrutamento do qual está participando. Pode ser que preencha quesitonários e avaliações (vide abaixo), como parte de sua inscrição para a vaga ou de avaliação interna, caso já seja contratado. As informações serão procecessadas somente pele empresa recrutadora e pela Thomas International, em nome dela, com o objetivo de considerar sua candidatura à vaga ou analisar seu cargo junto a ela, caso já seja funcionário. Caso sua inscrição seja bem-sucedida (ou caso já seja um funcionário da empresa recrutadora), todas as informações geradas durante o processo serão retidas em seu arquivo de RH da empresa, durante o tempo em que for funcionário ou até seus anos após o encerramento do seu contrato de trabalho. Ao indicar acordo, você estará dando a nós (e à empresa recrutadora) consentimento para manter e processar todas as informações contidas no procedimento de inscrição, bem como para transferi-las a outros países, se necessário. 

Pode ser que a empresa recrutadora solicite que preencha questionários e avaliações. Ao indicar acordo, você estará dando, tanto à empresa recrutadora quanto à Thomas International, consentimento expresso para reter e processar todas as informações obtidas por meio desses instrumentos, bem como para transferi-las a outros países, se necessário, e armazenar os dados em servidores do website localizados em outros locais. 

Caso já tenha um contrato de trabalho com a empresa recrutadora, seus resultados poderão ser usados por ela mais tarde em desenvolvimento de carreira e/ou mudanças no cargo, assim como em discussões com gestores e líderes de equipe. 

Todos
A Thomas International não fornecerá quaisquer informações pessoais, que o identifique especificamente a terceiros, para fins publicitários ou promocionais. 

Cookies 
Este website usa cookies, inclusive flash cookies. 

Cookies, inclusive flash cookies, são pequenos arquivos de configuração instalados em seu computador, em seu navegador (ex.: Internet Explorer, Safari ou Firefox) por solicitação do nosso sistema. Esses arquivos permitem que usemos nossos serviços com mais facilidade e que registremos dados estatísticos, para aprimorar nosso webiste e serviçõs associados. Nós os usamos para identificá-lo; para que possamos memorizar suas preferências seu status, caso esteja preenchendo uma avaliação e perca a conexão. Se decidir deletá-los, ou se configurar o navegador para que não aceite cookies, será preciso reiniciar as preferências, sempre que fizer login no sistema e você não poderá reiniciar a avalição de onde parou, caso seja desconectado. 

Exportação de dados
Nós poderemos enviar os dados pessoais armazenados neste site a outros países cujas leis de proteção de dados não sejam tão abrangentes quanto as do seu país. No entanto, tomaremos todas as medidas possíveis para assegurar o mesmo nível de proteção para todo o processamento efetuado naqueles países. 

Declaração de privacidade
Os dados armazenados em nosso sistema serão mantidos em sigilo. Somente quatro grupos de pessoas poderão ter acesso às suas informações: 

  • O Administrador indicado para gerenciar a conta. Contanto que matenha a segurança do nome de usuário e da senha, ninguém além das pessoas listadas abaixo pode ter acesso às suas informações.
  • Outros que os Administradores nos instruirem a enviar informações. No site, existe a possibilidade de que relatórios de perfis sejam eniados para um endereço eletrônico. Isso é feito por sua conta e risco e dependerá de você digitar corretamente o email do destinatário. 
  • Como candidato, nós podemos oferecer suas informações à empresa recrutadora (vide acima) e processá-las em nome dela.
  • A Thomas International pode, às vezes, efetuar pesquisas anônimas usando os dados fornecidos por você. Isso significa que podemos analisar as pontuações dos candidatos, com relação aos estudos estatísticos de um grupo amplo de indivíduos, os quais completaram nosso inventário. Nós não entraremos em contato para tanto, e tampouco irão nossos pesquisadores. Você não será identificado ou identificável em qualquer pesquisa executada.
  • Nós não divulgaremos as informações fornecidas por você a qualquer outra organização, a menos que exigido por lei. 

Thomas International - Brasil. Rua do Rócio, 313 - 10º andar - Vila Olímpia - São Paulo - SP - Brasil - Tel.: (11) 3040-2299 Web: www.thomasinternational.net 

TIUK_PRIVACY_V3.doc
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Declaração de proteção de dados para o eRecruit da Thomas

Declaração sobre proteção de dados para o eRecruit da Thomas

O consentimento quanto ao uso e à divulgação de dados deverá respeitar a legislação local.

O consentimento de acordo com a Lei de Proteção de Dados de 1998, do Reino Unido: as informações fornecidas nessa aplicação serão processadas somente pela empresa recrutadora e a Thomas, em nome dela, com o objetivo de considerar a inscrição para a vaga de trabalho. Consoante a Lei Britânica sobre Proteção de Dados de 1998 e desde que a inscrição para o processo de seleção tenha sido conduzido no Reino Unido, para uma empresa situada naquele país, as informações dos candidatos selecionados, geradas dentro da aplicação, não serão mantidas por mais tempo do que o necessário; porém pelo tempo em que estiverem sendo processadas.Nós eliminaremos quaisquer informações pessoais que não forem mais relevantes, assim que a relação empregatícia for finalizada, levando em consideração todas as exigências legais. Ao indicar acordo com isso, está dando consentimento expresso de que nós, bem como a empresa recrutadora, podemos manter e processar todas as informações contidas no procedimento da aplicação. 

A empresa recrutadora pode solicitar que preencha outras questionários e outras avaliações, elaboradas para auxiliar o processo de seleção. Ao indicar acordo, está dando à empresa recrutadora e Thomas International consentimento expresso para manter e processar todas as informações obtidas por esses meios. 
 
Caso já seja contratado, os resultados podem ser usados pela empresa recrutadora para futuro desenvolvimento de carreira e/ou mudanças de função, bem como para discutir com gestores e líderes de equipe. 

O nome do administrador, atuante como gestor de dados para a empresa recrutadora, estará disponível sempre que for solicitado. Em caso de dúvidas, entre em contato com info@thomasbrasil.com.br. 

TI_e-Recruit_Candidate_DataProtection_20151218_V3.pdf 18th December 2015 
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Thomas International UK Limited Standard Terms and Conditions

THOMAS INTERNATIONAL UK LIMITED STANDARD TERMS AND CONDITIONS 

Definitions: 

“Thomas” means Thomas International UK Limited of the address stated overleaf. 

“Buyer” means the person who buys or agrees to buy the Products from Thomas (as defined below).
 
“Products” means the assessment services, course materials, training services, and any other goods or services which the Buyer agrees to buy from Thomas whether bought directly in money, or indirectly through the purchase of units.. 

1. Telephone orders for Products are accepted on the condition that the Buyer confirms them either in writing or on an order form within seven days of the telephone order. Failure to meet this requirement will automatically cancel the order unless Thomas waives this requirement by providing a written order confirmation or issuing an invoice. 

2. All prices shown on any price list or contained in any User Agreement are subject to change without prior notice. 

3. All prices are exclusive of any applicable VAT which will be added at current rates. 

4. Payment terms are net 14 days of receipt of the invoice date. 

5. In addition to these Terms and Conditions, training services are subject to the Thomas terms and conditions for the provision of training current at the date of booking the course, a copy of which is available on request, or on our web site www.thomasinternational.net/TermsofUse.aspx. 

6. In addition to these Terms and Conditions, services provided online (including assessments provided by means of printed questionnaires which are subsequently entered into the Thomas online system) are subject to the Thomas terms and conditions for the provision of online services current at the date of ordering the online services, a copy of which is available on request, or on our web site at www.thomasinternational.net/TermsofUse.aspx. 

7. All intellectual property (including but not limited to copyright, database extraction right, trade mark rights) in the Products remains in the ownership of Thomas and its licensors. Nothing in these terms and conditions is intended to transfer any interest in such intellectual property to the Buyer. 

8 Nothing in these Terms and Condition is intended to exclude or limit the liability of Thomas for death or personal injury caused by Thomas’s negligence, and for which Thomas is liable, or for Thomas’s fraudulent pre-contractual misrepresentation. 

9. Subject to paragraph 8 above, Thomas expressly excludes liability for: (a) loss of profits, loss of anticipated savings, loss of staff time, loss of data (whether in each case such losses are direct or indirect) (b) any indirect, special or consequential loss. 

10. Thomas warrants that services provided hereunder will be performed with reasonable skill and care, and that goods provided hereunder are of satisfactory quality. The Buyer accepts and acknowledges that if any services are used on a trial basis prior to the Buyer having undertaken appropriate training that the lack of training may lead to results being misinterpreted. 

11. No part of the Products may be copied, reproduced or printed without the specific, prior written consent of Thomas. 

12. Subject to paragraph 8 above, Thomas shall be under no liability if the total price for the Products has not been paid by the due date for payment. In such event, and without prejudice to any other right or remedy available to Thomas, Thomas shall be entitled to: 

12.1 Cancel any order(s) or suspend any further deliveries or provision of Products to the Buyer. 

12.2 Appropriate any payment made by the Buyer to such of the Products as Thomas may think fit (notwithstanding any purported appropriation by the Buyer) and 

13. In any event but subject always to paragraph 8 above:- 

13.1 Thomas shall be under no liability in respect of any defect in the Products arising from any design or specification supplied by the Buyer or any customisation provided at the Customer’s request; 

13.2 Thomas shall be under no liability in respect of any defect arising from any act or omission of the Buyer, abnormal working conditions failure to follow Thomas’s instructions (whether oral or in writing) misuse or alteration of the Products without Thomas’s approval; 

13.3 Subject as expressly provided in these Terms and Conditions (and in particular paragraph 8 above) and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 as amended or re-enacted) all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 

Other Conditions 

14. Subject to paragraph 8 above, Thomas shall be under no liability in respect of any misuse of the Products where any one or more of the following applies: 

14.1 Use by a non Thomas trained or authorised analyst. 

14.2 Failure to follow fair codes of assessment as described in Thomas workbook manuals or provided orally at training courses. 

14.3 Failure to verify that the person to be assessed understands the language to be used. 

14.4 Failure to ensure that the person to be assessed is not prejudiced if he/she declines to complete the goods as laid down by Thomas. 

14.5 Use of any of the goods in isolation, rather than against a benchmark or job analysis and in conjunction with an appraisals interview. 

14.6 Use of the goods for clinical purposes. 

14.7 Failure to explain procedures and practices to those being assessed prior to using the goods. 

14.8 Disadvantage to any person who has a cultural, linguistic or specific disability. 

14.9 Use of the goods in isolation to justify any decision. 

14.10 Use of the goods to justify redundancy. 

15. These terms and conditions are not subject to variation unless such variation is confirmed in writing by a Director of Thomas. 

16. No waiver by Thomas of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. 

17 Thomas shall not be liable for any failure to carry out its obligations under this agreement to the extent that such failure arises from circumstances beyond its reasonable control, including, but not limited to a failure of internet or other communications or utility infrastructure. 

18. These Terms and Conditions and the Order Form and any other Contract entered between Thomas and the Buyer shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales. No third party shall be granted any rights under this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.


TIUKT&C_20110524

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Thomas International UK Limited Terms of Website Use

THOMAS INTERNATIONAL UK LIMITED TERMS OF WEBSITE USE 

This version: 1.0 
Version date: 24 MAY 2011 


1. This page (together with the documents referred to in it) sets out the terms and conditions that apply to your use of the website www.thomasinternational.net and www.thomas.co.uk and its related sub-domains (the website), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the website. 

2. By using the website you indicate your acceptance of these terms of use and your agreement to abide by them. If you do not agree to these terms of use you should not use the website. 

3. We reserve the right to amend these terms at any time. It is your responsibility to review these terms each time you agree to buy any goods or services via the website. 

Information about us 

4. www.thomasinternational.net is a website operated under licence to Thomas International UK Limited ("We"). We are registered in England and Wales as a limited company under company number 02518079 and have our registered office at Harris House, 17 West Street, Marlow, Buckinghamshire, SL7 2LS. Our VAT number is GB 538 0254 54. 

Accessing the website 

5. We reserve the right to withdraw or amend the website or any service we provide on the website without notice. We will have no liability or responsibility if for any reason the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or our entire website, to users who have registered with us.

6. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. 

7. When using the website, you must comply with the provisions of any acceptable use policy we publish on the website. 

8. If you are registered as a business user of the website, you represent and warrant that you (the individual doing so) have the authority to do so and to bind any relevant legal entity on whose behalf you are acting. 

9. You agree to indemnify (i.e. compensate) us for any loss, damage, cost or expense we suffer as a result of a failure by you to observe and comply with the conditions of these terms of use or any document referred to in them. 

10. We reserve the right to suspend your access to the website or your registration as a user immediately if you fail to comply, or we have reasonable grounds to believe that you are failing to comply, with any of these terms of use or any document referred to in them. 

Transactions concluded through the website 

11. Nothing in this website is intended as a contractual offer for the provision of our goods or services capable of acceptance by you as principal or agent. 

Cancelling your registration as a user 

12. You can cancel your registration as user of the website at any time but this will not affect your obligations in relation to any services or information you have already received. 

Intellectual property rights 

13. We are the owner or licensee of all intellectual property rights in the website and the material published on it. Those works are protected by copyright, trade mark and other laws around the world. All such rights are reserved. 

14. You may print off one copy, and may download extracts, of any page(s) from the website for your personal reference and you may draw the attention of others within your organisation to material posted on the website. 

15. You must not use any part of the materials on the website for commercial purposes or for any other purpose not permitted by these terms of use without obtaining a licence to do so from us or our licensors, unless you have obtained the materials as an online client, in which case your use of those materials is subject to the terms and conditions applicable to the use of those products. 

16. “Thomas” and the jigsaw piece logo are trade marks of Thomas International Limited, of which Thomas International UK Limited is a licensee. 

Content of the website 

17. Commentary and other materials posted on the website are not intended to amount to advice on which reliance should be placed. We will have no liability or responsibility for any reliance placed on such materials by any visitor to the website or by anyone informed of any of its contents. 

18. You should not act or refrain from acting based on any information you obtain from this website unless you have taken appropriate specific advice from a suitably qualified individual. 

19. We may change the content of the website at any time. If the need arises, we may suspend access to the website, or close it indefinitely. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material. 

20. If you have any concerns about material which appears on the website, please contact webmaster@thomasinternational.net . 

Our liability and status 

21. Where you obtain products (including services) from us for which you have paid, the supply of such products is subject to our standard terms and conditions, which supersede the terms set out below.
 
22. The material and content displayed on the website is provided without any guarantees, conditions or warranties from us as to its accuracy. To the extent permitted by law, we and other members of our group of companies expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. 

23. We will not be responsible to you for:

  • any losses which are not a foreseeable consequence of an act or omission by us relating to the website. Losses are foreseeable where they could be contemplated by you and us at the relevant time you used the website
  • loss of income, revenue, business, profits, or contracts (whether direct or indirect)
  • loss of anticipated savings
  • loss of or corruption to data
  • loss of goodwill
  • wasted management or office time.

  • 24. Regardless of the previous paragraphs in this section, if we are found to have any liability to you, that liability will be limited to £100. 

    25. None of the above affects our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law. 

    26. No agency, partnership, joint venture, employment relationship or franchise relationship is intended or created between you and us as a result of your use of the website or by you entering into any contract to buy Products. 

    Information about you and your visits to the website
     
    27. We process information about you in accordance with our privacy policy which may be accessed at www.thomasinternational.net/TermsofUse.aspx . By using the website, you consent to that processing and you warrant that all data provided by you is accurate.

    Viruses, hacking and other offences
     
    28. You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity and relevant personal details to them. In the event of such a breach, your right to use the website will cease immediately. 

    Links to and from the website 

    29. You may link to our home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and does not suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The website must not be framed on any other website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in any acceptable use policy we publish on the website.
     
    30. Where the website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no liability or responsibility for them or for any loss or damage arising from your use of them. Jurisdiction and applicable law

    31. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law. 

    Variations 

    32. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the website.
     
    24th May 2011 

    Thomas International UK Limited Harris House, 17 West Street Marlow, Bucks SL7 2LS UK 

    webmaster@thomasinternational.net 
    t: +44 1628 475366
    TIUK_Web terms_20110524_V1
     

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Thomas International UK Limited Standard Terms and Conditions for the Provision of Online Services

Thomas International UK Limited Standard Terms and Conditions for the Provision of Online Services 

1. Definitions 

"Thomas” Thomas international UK Limited registered in England and Wales as a limited company under company number 02518079 with registered office at Harris House, 17 West Street, Marlow, Bucks, SL7 2LS. 

“Administrator” A person nominated by the Buyer to whom Thomas grants administrator access to the Services.
 
“Assessment” The various products of Thomas as set out at /en-gb/ourassessments.aspx from time to time.
 
“Authorised User” A person authorised by an Administrator to access the Services (an Authorised User may also be an Administrator).
 
“Buyer” The person (whether a company, partnership, LLP, individual or other entity) contracting with Thomas for Training Services or Seminars. 

“Candidate” A person requested by an Authorised User to access the Services for the purposes of competing an Assessment or (in the case of E-recruit) a person seeking employment with the Buyer. 

“Credentials” Information relating to any person (such as an access code, username, password, or biometric data) designed to grant them access to the Services, and/or to authenticate their identity. 

"Fee" is the price agreed with the Buyer for provision of the Services. 

"Services" Services provided through the Thomas website or where relevant data are entered into the Thomas system through the Thomas website, including (but not limited to) the provision of Assessments. 

“Units” Units purchased by the Buyer, where a certain number of Units permits access to a certain number of relevant Services as can be viewed in Admin Utilities/Purchasing/price chart. Units have no monetary value, are not redeemable on non-use, are not transferrable to third parties and are not available for the purchase of anything other than the Services. 

2. Services
 
2.1 These terms and conditions are supplemental to the Thomas Standard Terms and Conditions, a copy of which is available on request, or which is available on the Thomas web site “/en-gb/TermsofUse.aspx”. Where there is any conflict between these terms and conditions and the Thomas Standard Terms and Conditions, these terms and conditions shall prevail. 

2.2 Thomas hereby grants the Authorised Users authorisation to access the Services for the purpose of initiating and administering Assessments in accordance with these terms and conditions, subject to the Buyer paying the Fee (whether by deduction of Units or otherwise) and otherwise complying with its obligations under these terms and conditions. Where the Services are provided by means of software components running on the Buyer’s own systems, Thomas grants the Buyer a limited, non-exclusive copyright licence to use such components, such licence granting rights consistent with (but no more extensive than) the authorisation granted in this sub-clause 2.2 and terminating on termination of the authorisation. 

2.3 Thomas may use sub-processors from time to time in its provision of the Services. Thomas will be liable for the acts and omissions of such sub-processors under this Agreement as if it performed such acts or omissions itself. 

2.4 By administering and initiating Assessments, Buyers may grant Candidates authorisation to access the Services solely for the purpose of undergoing assessments. 

2.5 Where Services are provided in exchange for Units, the relevant number of Units (will be deducted from the Buyer’s account). 

3. Buyer’s Obligations 

The Buyer: 

3.1 shall not, and shall ensure that the Authorised Users shall not access or attempt to access to the Services other than through the URL supplied by Thomas;
 
3.2 shall not access any API providing access to the Services except where such API access has been explicitly granted by Thomas, and subject to the interface specifications supplied by Thomas from time to time; 

3.3 shall ensure that all Authorised Users comply with the terms of this Agreement; 

3.4 shall revoke the Credentials of any Authorised User where it believes that such Credentials have been compromised; 

3.5 shall notify Thomas as soon as it becomes aware that the Credentials assigned to any Administrator have been compromised to enable Thomas to investigate the circumstances and withdraw (and replace) the Credentials; 

3.6 shall follow, and ensure that Authorised Users follow, all reasonable instructions of Thomas in the use of the Services; 

3.7 shall ensure that the Authorised Users have received appropriate training, and shall not allow anyone to attempt to conduct or interpret the results of any Assessment who has not had appropriate training; and 

3.8 shall fully and effectively indemnify and hold harmless Thomas against all costs, claims, losses and expenses arising out of any claim from a third party arising out of any misuse of the Services or any breach of the foregoing obligations. 

4. Materials and Copyright 

4.1 Thomas or its licensor (Thomas International Limited and others) holds the copyright and database right in any and all material and services provided as part of the Services. The Buyer is expressly prohibited from copying any part of the Services (including its outputs) except to the extent necessary to receive the Services under this Agreement. 

4.2 All books and materials supplied by Thomas are subject to copyright and other intellectual property rights and may not be copied, for any purpose, without express written permission from the copyright owner. Thomas tries to ensure that the information contained within the materials is accurate, but they are given as supporting material for events and are not a substitute for them. Information also tends to go out of date quickly. For this reason, the Buyer acknowledges that it should not rely on the contents of books or course materials provided by Thomas without verifying them. 

4.3 Thomas may provide Assessment documentation on paper. The Buyer undertakes not to take copies of any such documents and only to use originals as provided by Thomas. The data provided by Candidates on such documentation is regarded in exactly the same way as data entered into the Services, once submitted to Thomas, and the Buyer’s obligations to any Candidate to whom it supplies paper documentation are the same as the obligations it has to Candidates making use of the Services directly.

5. Data Protection 

5.1 This clause 5 is to be interpreted with reference to the definitions contained in the Data Protection Act 1998 (“the Act”) 

5.2 Except where explicitly mentioned in these terms and conditions, Thomas is data processor of all personal data entered by Authorised Users and Candidates in the provision of the Services, and the Buyer is data controller. The Buyer acknowledges that personal data may be processed by sub-processors and shall seek and obtain appropriate consent of all relevant data subjects to permit their personal data to be processed as contemplated by this Agreement, and in particular shall obtain their consent to the Privacy Policy www.thomasinternational.net/TermsofUse.aspx. 

5.3 Where it acts as data processor, Thomas undertakes to act solely on the instructions of the relevant data controller, and to comply with the seventh data protection principle (security).
 
5.4 Thomas will co-operate with and provide reasonable assistance to the Buyer in relation to any subject access requests received by the Buyer. Where Thomas receives subject access requests relating to data of which Thomas is the data processor and the Buyer is the data controller, Thomas shall refer the subject access request to the Buyer. Thomas may charge the Buyer for handling subject access requests based on its usual time and materials rates (and without reference to the fee which may be charged by the data controller to the data subject under the Act). The Buyer shall indemnify and hold harmless Thomas against any claim from a data subject relating to a breach of the Act where Thomas is the data processor and is acting in compliance with clause 5.3 above. 5.5 The Buyer acknowledges and accepts that data provided to Thomas may be aggregated with other data and used for analytical purposes. Where it is used for analytical purposes, Thomas will ensure that the data are effectively anonymised prior to such use, and that no individual will be identifiable from the data once anonymised and aggregated. 

6. Use of Assessments 

6.1 The Buyer agrees and acknowledges that the results of Assessments are a tool to assist in Candidate (including employee) selection, retention, deployment and advancement, and are intended to be used as an aid by trained HR personnel. In particular, the Buyer undertakes that the results of Assessments are not to be used for redundancy selection. 

7. Availability of Services 

7.1 Thomas shall use reasonable endeavours to ensure that the Services are available at all times, but does not guarantee 24/7 uptime. The Client agrees and acknowledges that the Services will only be available where it maintains a sufficiently fast and reliable internet connection, and uses a browser environment which complies with Thomas guidelines published from time to time at www.thomasinternational.net . In particular, this may require the downloading of additional browser plug-ins to enable access to the content. Thomas is not responsible for such third party plug-ins and the Buyer is responsible for complying with any licence agreements which may apply to them. 

7.2 The Buyer agrees and acknowledges that it is responsible for maintaining backups of its data, including those data held on Thomas systems. 

8. E-recruit 

Where Thomas provides the E-recruit service, the following additional terms apply: 

8.1 The Buyer is responsible for ensuring that any job advertisements it prepares, any information it provides to Thomas and any recruitment process comply with all relevant laws and undertakes to fully and effectively indemnify Thomas against any cost, claim, expense or loss arising directly or from any failure so to comply. 

8.2 The Buyer accepts and acknowledges that E-recruit is a tool which is intended to assist the Buyer in obtaining data about potential Candidates and in administering the recruitment process, and that it does not verify any of the information provided by the Candidates. The Buyer is responsible for verifying all information provided. 

8.3 The Buyer grants Thomas a limited non-exclusive trade mark licence to use and reproduce the Buyer’s name and logo as supplied by the Buyer on web pages comprising the E-recruit portal, to the extent necessary for Thomas to provide the E-recruit Services, but no further. 

8.4 The Buyer accepts that the privacy policy presented to the Candidate, as in www.thomasinternational.net/TermsofUse.aspx, is appropriate to the Buyer’s business, unless alternative wording is explicitly agreed between Thomas and the Buyer. 

Revised 18th December 2015 

Thomas International UK Limited Harris House, 17 West Street, Marlow, Bucks SL7 2LS UK 

info@thomas.co.uk 
t: +44 1628 475366

TIUK_Online services Terms_20151218_V2

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Thomas International UK Hub Licence Terms and Conditions (Hub and Gold)

Thomas Hub Licence Terms and Conditions (Hub and Gold) 

This Agreement is between you, the Customer, and Thomas International UK Limited and governs your use of the Thomas Hub and Services.

1. Definitions 

In this Agreement the following terms have the following meanings:

Authorised Users
means, in respect of each Licence, one named Main Administrator and up to 100 named Sub-Administrators.

Business Days
means any day other than a Saturday, Sunday or Bank Holiday in England.

Customer
means the company or other business (e.g. partnership) purchasing the Licence.

Customer Data
means all data inputted to the Thomas Hub or Services or otherwise provided by the Customer, Authorised Users, or Thomas on the Customer's behalf for the purpose of using the Services or facilitating the Customer’s use of the Services.

Documentation
means any documentation and materials supplied by Thomas in connection with the Services in whatever format.

Gold Licence
means a licence to access the Thomas Hub and the features and services listed on the Thomas Licence Guide under “Gold”.

Hub Licence
means a licence to access the Thomas Hub and the features and services listed on the Thomas Licence Guide under “Hub”.

Licence
means the licence granted under clause 2.1. access to the Thomas Hub and other services and features.

Licence Fee
means the annual sums payable in respect of the Hub Licence and Gold Licence, as the case may be, as more particularly set out in Thomas’s current price list and the Thomas Licence Guide.

Licence Period
means a period of 12 months.

Main Administrator
means the individual point of contact for the Customer who shall order Units directly from Thomas and allocate such Units to the Sun-Administrators and who may control which facilities may be accessed by the Customer’s Sub-Administrators.

Services
means the Assessment Tools and Services, the Customisable Assessment Tools and Services, the Online Recruitment and Applicant Tracking and the Training and Development Services (each as more particularly defined in the Thomas Licence Guide) or any of them whether provided on or via the Thomas Hub or otherwise byThomas.

Standard Terms and Conditions
means the standard terms and conditions that govern the provision of services by Thomas, as set out here: 
http://www.thomasinternational.net/Portals/88/TermsOfUse/TIUKT&C_20110524.pdf 

Standard Terms and Conditions of Online Services 
means the standard terms and conditions that govern the provision of online services provided by Thomas, as set out here: 
http://www.thomasinternational.net/Portals/88/TermsOfUse/TIUK_Online%20services%20Terms_20110524_V1.pdf. 

Sub-Administrator 
means the Customer’s employees, consultants or agents who may access the Thomas Hub in accordance with this Agreement and the Main Administrator’s instructions and who may use those Units allocated to them by the Main Administrator.

Term
means the term of this Agreement and the Licence being the Licence Period and any Renewed Licence Periods for which the Customer has paid the relevant Licence Fee.

Thomas 
means THOMAS INTERNATIONAL UK LIMITED, a company registered in England and Wales with company number 02518079 and registered office address at Harris House, 17 West Street, Marlow, Buckinghamshire, SL7 2LS. 

Thomas Hub 
means the online assessment and candidate management system provided by Thomas through which certain Services, facilities and tools may be accessed. 

Thomas Licence Guide 
means the document giving more details as to the features and Services provided as part of the Gold Licence and Hub Licence. 

Training and Development Terms and Conditions 
means the terms and conditions governing the provision of Training and Development Services (as such term is defined in the Thomas Licence Guide), as set out here:
http://www.thomasinternational.net/Portals/88/TermsOfUse/TIUK_Training_Terms_20110801_V2.pdf 

Website Terms of Use 
means the terms governing the use of Thomas’s websites, including the Thomas Hub, as set out here: 
http://www.thomasinternational.net/Portals/88/TermsOfUse/TIUK_Web%20terms_20110524_V1.pdf 


2. Licence 
2.1. Subject to the payment of the relevant Licence Fee Thomas grants to the Customer the non-exclusive, non-transferable right for Authorised Users to access the Thomas Hub and use Services and Documentation available for the Customer’s internal business purposes during the Term in accordance with the Thomas Licence Guide and subject to the terms and conditions set out in this Agreement. The Customer must have a Licence in order to access the Thomas Hub. 
2.2. The Customer undertakes that: 
(a) the maximum number of Sub-Administrators that it authorises to access the Thomas Hub and use the Services and the Documentation shall not exceed 100 at any time; 
(b) it will not allow or suffer any Sub-Administrator login to be used by more than one individual unless it has been reassigned in its entirety to another individual, in which case the previous individual shall no longer have any right to access the Thomas Hub or use the Services and/or Documentation; 
(c) each Sub-Administrator and the Main Administrator shall keep a secure and confidential password for their use of the Thomas Hub; 
(d) it shall maintain a written, up to date list of current Sub-Administrators and provide such list to Thomas within 5 Business Days of Thomas’ written request at any time; 
(e) it shall permit Thomas to audit its use of the Thomas Hub, Services and Documentation in order to establish the name and password of each Sub-Administrator and compliance with this Agreement; 
(f) if any of the audits referred to in clause 2.2(e) reveal that any password has been provided to any individual who is not an Authorised User, then without prejudice to Thomas’s other rights, the Customer shall promptly disable such passwords and shall not issue any new passwords to any such individual; and 
(g) if any of the audits referred to in clause 2.2(e) reveal that the Customer has underpaid Licence Fees to Thomas, then without prejudice to Thomas’s other rights, the Customer shall pay to Thomas an amount equal to such underpayment within 10 Business Days of the request for payment.
2.3. The Customer shall use all reasonable endeavours to prevent any unauthorised access to its account, or use of the Services and/or the Documentation and in the event of any such unauthorised access or use promptly notify Thomas. The Customer shall be responsible for all acts and omissions carried out under its Authorised User log ins. 
2.4. The Customer shall not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, and except to the extent expressly permitted under this Agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Thomas Hub, Services and/or Documentation (as applicable) in any form or media or by any means or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Thomas Hub. 

3. Additional Licences and Upgrades 
3.1. The Customer may purchase additional Licences at any time during the Term to enable additional Sub-Administrators to access the Thomas Hub and use the Services and Documentation. 
3.2. If the Customer purchases a Hub Licence they may upgrade to a Gold Licence at any time during the Term. The pre-paid Licence Fee for the Hub Licence will be refunded to the Customer on a pro-rated basis and the full Licence Fee for the Gold Licence will be charged and the Licence Period in respect of the Gold Licence will commence on the date of payment of the Licence Fee. 
3.3. If the Customer purchases a Gold Licence they may downgrade to a Hub Licence at the end of the current Licence Period by giving not less than 30 days written notice prior to the end of the Licence Period, failing which the Licence Period will automatically renew at Gold Licence level. 

4. Services and Documentation 
4.1. During the Term Thomas shall provide access to the Thomas Hub, Services and Documentation to the Customer on and subject to the terms of this Agreement. 
4.2. Thomas shall use commercially reasonable endeavours to make the Thomas Hub available 24 hours a day, seven days a week but Thomas shall not be liable for any unavailability of all or any part of the Thomas Hub and does not guarantee that the Thomas Hub will be always available or error-free. Thomas may carry out planned and unplanned maintenance on the Thomas Hub at any time. In the event that maintenance is planned which renders the Thomas Hub unavailable, Thomas will use reasonable commercial endeavours to give the Customer prior notice of such unavailability. 
4.3. Where the Customer wishes to take any Customisable Assessment Tools and Services or Training and Development (as each is defined in the Thomas Licence Guide) these can be booked via telephone or directly with a Thomas representative. Thomas will use reasonable commercial endeavours to accommodate the Customer’s reasonable requests for such services but the Customer acknowledges that this may not always be possible and that the Customer should give Thomas as much notice of its requirements as possible to facilitate the provision of such services. All such services must be booked and completed during the same Licence Period. 
4.4. The Services provided as part of each Licence will expire at the end of each Licence Period and any unused Services cannot be rolled over into any subsequent Licence Period or refunded or exchanged. 
4.5. Services cannot be exchanged for other Services or any other Thomas products or services at any time unless otherwise expressly set out in this Agreement. 
4.6. Services which are not included within the Licence Fee may be purchased using “Units” in accordance with the Standard Terms and Conditions of Online Services. The Customer must have a current Licence in order to purchase Units from Thomas. If the Customer does not renew the Licence within 12 months of the end of the Licence Period then any unused Units will expire and the Customer will not be entitled to any refund for such expired Units. 
4.7. If the Customer has a Gold Licence the following additional terms and conditions apply: 
4.7.1. Free Training and Development Services apply once there is a Thomas trained practitioner at the Customer’s business. If there is no Thomas trained practitioner at the Customer’s business then the Training and Development Services are chargeable at Thomas’s current standard rates. 
4.7.2. Gold Licence Customers may exchange their free public course place for either (a) a £500 + VAT discount on any in-house PPA, Aptitude and Ability or TEIQue training or (b) a £250 + VAT discount on in-house Behavioural Agility or 360 training. This discount is not applicable to any other training course and any such in-house training must be booked and completed within the current Licence Period. 
4.8. Thomas warrants that it shall provide the Services using reasonable care and skill. In the event of any breach of this warranty Thomas will, at its expense, use reasonable commercial endeavours to resupply the Services in a manner which conforms with such warranty and this shall be the Customer’s sole and exclusive remedy for any such breach. 
4.9. The Standard Terms and Conditions and Standard Terms and Conditions of Online Services apply to the provision of all Services in addition to the terms contained within this Agreement. The Training Terms and Conditions apply to the provision of all Training and Development Services (as more particularly defined in the Thomas Licence Guide) and the Website Terms of Use apply to the Customer’s and Authorised User’s access to the Thomas Hub. In the event of any conflict between the terms of any other terms with apply and this Agreement, the terms of this Agreement shall take precedence but only to the extent of such conflict. 

5. Customer Data 
5.1. The Customer shall own all right, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data. 
5.2. The Customer shall ensure that it has all necessary licences, consents and permissions necessary prior to providing any Customer Data to Thomas, including via the Thomas Hub, in connection with this Agreement. 
5.3. In the event of any loss or damage to Customer Data which is inputted to the Thomas Hub, the Customer's sole and exclusive remedy shall be for Thomas to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by Thomas. Thomas shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub-contracted by Thomas to perform services related to Customer Data maintenance and back-up). 
5.4. Thomas shall, in providing the Services, comply with its Privacy Policy (http://www.thomasinternational.net/Portals/88/TermsOfUse/TI_UK_Privacy_V3.pdf). 
5.5. If Thomas processes any personal data on the Customer’s behalf when performing its obligations under this Agreement, the parties record their intention that the Customer shall be the data controller and Thomas shall be a data processor and in any such case: 
(a) the Customer acknowledges and agrees that the personal data may be transferred or stored outside the EEA or the country where the Customer and the Authorised Users are located in order to carry out the Services and Thomas’ other obligations under this Agreement; 
(b) the Customer shall ensure that the Customer is entitled to transfer the relevant personal data to Thomas so that Thomas may lawfully use, process and transfer the personal data in accordance with this Agreement on the Customer's behalf; 
(c) the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; 
(d) Thomas shall process the personal data only in accordance with the terms of this Agreement and any instructions reasonably given by the Customer from time to time and the Customer shall indemnify Thomas against any losses that it suffers as a result of following such instructions; and 
(e) each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage. 

6. Charges and Payment 
6.1. The Licence Fee is payable in advance for each Licence Period. 
6.2. Any additional fees payable in respect of the Services are payable in arrears within 14 days of the day of the invoice to which they relate unless otherwise noted on the invoice or agreed between the parties. 
6.3. In the event that the Licence Fee or any other amount payable in connection with this Agreement are not paid in full when due, Thomas reserves the right to suspend the Customer’s access to the Thomas Hub and/or the provision of Services or any part of them. Thomas does not guarantee the integrity of any Customer data in the event of a suspension. 

7. Intellectual Property 
7.1. The Customer acknowledges and agrees that Thomas and/or its licensors own all intellectual property rights in the Thomas Hub, the Services and the Documentation. Except as expressly stated in this Agreement, this Agreement does not grant the Customer any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Thomas Hub, the Services or the Documentation. 

8. Limitation of liability 
8.1. This clause 8 sets out the entire financial liability of Thomas (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer (a) arising under or in connection with this Agreement; (b) in respect of any use made by the Customer of the Thomas Hub Services and Documentation or any part of them; and (c) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement. 
8.2. Except as expressly and specifically provided in this Agreement: 
(a) the Customer assumes sole responsibility for results obtained from the use of the Thomas Hub, the Services and the Documentation by the Customer, and for conclusions drawn from such use. Thomas shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Thomas by the Customer in connection with the Services, or any actions taken by Thomas at the Customer's direction; 
(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement; and 
(c) the Thomas Hub, Services and the Documentation are provided to the Customer on an "as is" basis unless specifically customised for the Customer by Thomas. Copyright Thomas International UK Ltd. 
8.3. Nothing in this Agreement excludes the liability of Thomas for (a) death or personal injury caused by Thomas’ negligence; or (b) for fraud or fraudulent misrepresentation; or (c) any other liability which may not be properly limited or excluded under applicable law. 
8.4. Subject to 8.3, Thomas shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss (in each case whether direct or indirect), or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under or in connection with this Agreement. 
8.5. Subject to 8.3, Thomas’ total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising under or in connection with this Agreement the total fees actually paid by the Customer to Thomas in the 12 months immediately preceding the date on which the claim arose. 

9. Term and Termination 
9.1. The Licence shall commence on the date on which the Licence Fee is paid and shall continue for the Licence Period. Thereafter this Agreement shall automatically renew for further periods equal to the Licence Period (each a “Renewed Licence Period”) unless the Customer gives Thomas not less than 30 days prior written notice that it does not wish to renew the Agreement at the end of the Licence Period or current Renewed Licence Period. 
9.2. Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving written notice to the other party if: 
(a) the other party commits a material breach of any other term of this Agreement which, if remediable, is not remedied within a period of 15 days after being notified in writing to do so; 
(b) the other party becomes insolvent, has an insolvency practitioner appointed over the whole or any part of its assets, enters into any compound with creditors, or has an order made or resolution for it to be wound up (otherwise than in the furtherance of a scheme for solvent amalgamation or reconstruction) or an analogous event occurs in respect of a party in any jurisdiction to which that party is subject. 
9.3. The Customer may terminate this Agreement at the end of the Licence Period or current Renewed Licence Period by giving not less than 30 days’ prior written notice. 
9.4. Thomas may terminate this Agreement and the Licence at any time on giving not less than 60 days prior written notice and subject to the refund of the pre-paid Licence Fees on a pro-rated basis (calculated strictly as follows Refund = Number of Days to end of current Licence Period x (Licence Fee paid / 365)). 

10. Force Majeure 
10.1. Thomas shall have no liability to the Customer under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, extreme adverse weather conditions or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration. 

11. General 
11.1. Variation - Thomas reserves the right to amend the terms of this Agreement from time to time by posting amended versions on the Thomas Hub and the Customer should check for any such updates intermittently and before using the Services. 
11.2. No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 
11.3. Except as expressly provided in this Agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law. 
11.4. If any provision (or part provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, that provision (or part provision) shall be deemed deleted and the other provisions (or part provision) shall continue in full force and effect. 
11.5. This Agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover and neither party relies on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement. 
11.6. The Customer shall not, without the prior written consent of Thomas, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. Thomas may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. 
11.7. Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power). 
11.8. This Agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999. 
11.9. Any notice required to be given under this Agreement shall be in writing and shall be delivered by hand or sent by pre-paid post or recorded delivery post to the other party at its address set out in this Agreement, or such other address as may have been notified by that party for such purposes, or sent by email. Notices sent by email to the Customer shall be sent to the email address given for the Main Administrator at the time of registering. Notice sent by email to Thomas shall be sent to info@thomas.co.uk. 
11.10. This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties submit to the jurisdiction of the courts of England. 
 

Thomas International UK Limited Standard Terms and Conditions for the Provision of Training Services and Seminars

1. Definitions

"Thomas”

Thomas international UK Limited registered in England and Wales as a limited company under company number 02518079 with registered office at Harris House, 17 West Street, Marlow, Buckinghamshire, SL7 2LS

The "Buyer"

The person (whether a company, partnership, LLP, individual or other entity) contracting with Thomas for Training Services or Seminars.

An "Event"

includes a course, seminar or conference organised by Thomas

"In-House"

means an event organised by Thomas at the premises of, or premises organised by, the Buyer

A "delegate"

is any person who attends an event pursuant to an order placed by the Buyer

The "Fee"

is the price agreed for the delegates to attend the event (and is quoted, unless expressly stated otherwise, as being exclusive of VAT)

2. Services

  1. 1 These terms and conditions are supplemental to the Thomas Standard Terms and Conditions, a copy of which is available on request, or which is available on the Thomas web site “www.thomasinternational.net/TermsofUse.aspx”. Where there is any conflict between these terms and conditions and the Thomas Standard Terms and Conditions, these terms and conditions shall prevail.

  2. 3 Thomas agrees to allow the delegate or delegates named in the Buyer's order to attend the specified event subject to these terms and conditions and the Buyer paying the fee.

Materials and copyright

  1. 4 Thomas or its licensor holds the copyright and database right in any delegate lists it may provide. When the Buyer is provided with them they are given only for the purposes of enabling the Buyer to identify fellow delegates. The Buyer is expressly prohibited from copying them or entering the data comprised in them onto a computer system and the Buyer agrees to comply in all respects with the Data Protection Act 1998 in respect of such data. In particular, the Buyer acknowledges that Thomas does not have the consent of the individuals for the names to be disclosed to the Buyer for marketing purposes and that the Buyer is therefore not permitted to use or store the names for this purpose.

  2. 5 All books and materials supplied by Thomas are subject to copyright and other intellectual property rights and may not be copied, for any purpose, without express written permission from the copyright owner. Thomas tries to ensure that the information contained within the materials is accurate, but they are given as supporting material for events and are not a substitute for them. Information also tends to go out of date quickly. For this reason, the Buyer acknowledges that it should not rely on the contents of books or course materials provided by Thomas without verifying them.

3. Orders

Promotional material or advertising is not a contractual offer but is intended to give an indication of events that are in the planning stage. Accordingly, the agreement does not become binding until Thomas has accepted the Buyer's order (whether orally or in writing).

4. Description of Courses

  1. 1 Because of advances in business techniques and technology Thomas is constantly improving and refining its courses and seminars. For this reason, it cannot guarantee that any course or seminar covers all of the specific points referred to in its advertising or promotional literature or otherwise. The Buyer is advised to check if there are any specific points it wishes to see covered, whether or not the advertising or promotional literature refers to those points.

  2. 2 All public courses are non-residential and do not include overnight accommodation, but will include a midday meal, coffee and tea as appropriate.

5. Cancellation and Changes

  1. 1 Thomas may have to cancel a booking from time to time for a number of reasons. If it does so, it shall try to give as much notice as possible, and shall refund any money paid in respect of the cancelled course. Where a course is cancelled, Thomas shall normally give details of when and where Thomas is holding similar courses.

  2. 2 If a delegate fails to attend the Buyer will still be liable to pay the fee for that delegate.

  3. 3 The Buyer may make substitutions of delegates at any time without charge.  Thomas cannot guarantee that any specific dietary requirements are catered for if given less than two weeks’ notice. Note that some courses build on the knowledge obtained in previous courses, in which case attendance at the subsequent course is limited to those who have attended the previous course.

  4. 4 A Delegate may transfer from a booked course to another equivalent course, provided that there is space on the second course, and that the request is made more than 21 days prior to the date of the booked course. There will be no charge for the first such transfer for a Delegate. Subsequent transfers will incur a booking fee as set out below.

  5. 5 Where a transfer to another course is requested within 21 days of the booked course, or in cases of non-attendance where the delegate still wishes to be trained, or where the transfer is the second or subsequent transfer, a rebooking fee as specified below will be chargeable before the new course date is confirmed:

    1. Transfer fee for one day course:    £150 +VAT

    2. Transfer fee for two day course:   £200 +VAT

6. Speakers

If Thomas names specific speakers it will do its best to ensure that they appear at the event in question. Thomas reserves the right to make substitutions from time to time with other speakers of comparable quality.

7. In-House

  1. 1 If the Buyer requests Thomas to implement an In-House event, the provisions of this clause 8 apply in addition to the other terms and conditions

  2. 2 Provision of Equipment and Location

    1. Thomas will agree the Location for the Event with the Buyer. If the Buyer wishes to change the Location, Thomas may at its option cancel the Event without any liability to the Buyer, or charge additional expenses reasonably incurred (for example, travel and accommodation expenses) as a result of the change. If Thomas exercises its right to cancel, the Buyer will be liable for any of Thomas’s out-of-pocket expenses which it cannot recover.

    2. Unless agreed otherwise in writing, the Buyer will be responsible for ensuring that the location is suitable for the Event, and will arrange refreshments (including midday meal) for delegates and speaker(s) and equipment. Thomas will give prior notification of the equipment required (for example, overhead projector, video projector, radio microphone and PA). In the absence of prior notification, the Buyer shall provide a video data projector with a six foot screen, and two flipcharts with stands.

  3. 3 Delegates

    1. The Buyer shall provide to Thomas a list of delegates to enable Thomas to dispatch joining instructions and course materials. The Buyer shall provide this list at least 14 days prior to the event, unless another time period has been specified by Thomas.

    2. Thomas may limit numbers of delegates to the number agreed (for example, because the event is a workshop which has been structured for a particular number of delegates, or because to allow extra delegates would dilute the utility of the event for the other delegates).

    3. On occasion, Thomas may permit extra delegates to attend on the day of the event, in which case it shall invoice the Buyer for the extra delegates on a proportionate basis (in which case the Buyer may make one extra copy of the delegate materials for each extra delegate at its own expense, and subject to the licence restrictions contained within clause 0).

    4. There will be no reduction in the fee if fewer than the agreed number of delegates appear on the day of an event. There will usually be no reduction in the fee for a reduced number of delegates although with sufficient notice Thomas may, at its absolute discretion, be prepared to consider a reduction in the fee or a rescheduling or restructuring of the event. If the Buyer wishes to cancel a booked event, the cancellation charge referred to in clause 7.3.5 below applies.

    5. If, within 21 days of the date of the event, the Buyer wishes to cancel, or change the date of the event, Thomas will charge the following administration fee:

      1. For a one day course: £500 + VAT

      2. For  a two day course: £750 + VAT

8. Accommodation and Transport Offers

From time to time Thomas may pass details to the Buyer of reduced accommodation or transport offers ("Offers") in conjunction with hotel or transport companies. Other than the fact that at the time the Offers were published, Thomas believed that they were (subject to availability) genuinely open to Buyers, Thomas makes no representations of whatever sort about any such offers. If the Buyer takes advantage of the offers, it contracts directly with the company in question and any queries or difficulties should be directed at them.  Thomas is not an agent of any such companies, nor is it in partnership with them.

9. Car Parking and Transport

Where Thomas provides events other than In-House events it will usually provide information about transport and car-parking. However, these details are the best understanding of Thomas at the time it published the details and the Buyer is strongly advised to telephone the venue in question to check that the transport referred to or car parking will be available.

10. Catering and Special Needs

  1. 1 Where Thomas has agreed to arrange catering at an event, the Buyer must give at least two weeks’ notice if any delegate has specific dietary requirements, failing which Thomas may be unable to cater accordingly.

  2. 2 Thomas strives to ensure that any location chosen for an event is as accessible as possible. If, however, any delegate has special needs relating to accessibility or other aspects of the event the Buyer must give at least two weeks’ notice to enable Thomas to prepare any appropriate resources.  The Buyer will meet the cost of any such resources where these are not taken into account in the quotation.

11. Location

On occasion, Thomas may be obliged to change the location of a specified event. It shall give the Buyer as much notice as possible and shall ensure that the new location is of a similar or better standard to the old one, and that it is located not far from the original venue.

12. Payment

  1. 1 The Buyer must pass on payment with order. Where cleared payment has not been received by the date of an event, Thomas may refuse delegates entry, although the full charge for that delegate remains payable.   

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