Provider Terms & Pricing | Weiman Legal Consulting

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gavin

Mon, 12/12/2016 - 15:16

Provider Terms & Pricing

These Pricing and Business Terms for Training Providers (Rev 2.2 December 2015) apply as Agreed between the Training Provider and the Training Facilitator.

1. In what follows:

These Pricing and Business Terms for Training Providers means the latest version published online at http://www.weiman.co.za/?q=pterms
You are the Training Provider
The Training Facilitator is either Gavin C Weiman or the Associate Facilitator identified in the data
Agreed means agreed between the Training Provider and the Training Facilitator by email
The Mandate is the Training Product on the Training Dates at the Training Venue and any other particulars we have Agreed,
Training Product is the subject or subject outline described in the Mandate,
Training Dates is/are the date(s) Agreed in the Mandate,
Training Venue, is the geographical address Agreed in the Mandate,
Training Materials, are the slides, and/or manuals, and/or other materials, if any, Agreed to be made available to the Delegates,
Delegates are the individuals in respect of which the Training Provider requires facilitation of the Training Materials by the Training Facilitator.
Data particularises the variables

2. Pricing Arrangements and Payment Terms

You elect to use one of two pricing arrangements.

Fixed Pricing – this is a lump sum fee, per day, that will not change irrespective of the number of Delegates you have. Fixed or Lump Sum Pricing gives you certainty of price and is most beneficial when there are likely to be 20 or more delegates in attendance.
Group Based Pricing – is a series of lump sum fees per day based on Delegate group size. Group Based Pricing is attractive when you cannot predict group size, wish to have reduced fees for smaller events and are willing to have the Training Facilitator share the benefit of larger group sizes.
A pricing arrangement is Agreed at the time a Mandate is Agreed. An Agreed pricing arrangement will apply as the default pricing arrangement for all future Mandates unless a different pricing arrangement is selected at the time another Mandate is Agreed. This means you must expressly change the pricing arrangement at the time of arranging dates for a specific project.
Payment Terms
Payment 50% prior to first day and 50% on completion of the training project unless Agreed differently when a Mandate is Agreed.

Pricing Tarrifs

Different pricing tariffs apply to Local and International Mandates.
Fees for 2015 apply currently.
Fees for 2016 are effective from 1 March 2016 and shall apply to all events scheduled to take place between 1 March 2016 until 28 February 2017.

The Local pricing Tariff

Local pricing applies where the Training Venue is within a radius of 100 kilometers of Oliver Tambo Airport AND flights to and from Oliver Tambo airport (or other International South African airport Agreed by the Parties) to and from the Training Venue are possible without encroaching on any working day other than the Training Dates.

These pricing arrangements and tariffs are,

Year		2015/6	2017	2018
		Daily Fee	Daily Fee	Daily Fee
Fixed Fee		R13 500.00	R16 000.00	R16 800.00
Group Size Based Fee	Delegate Number	Daily Fee	Daily Fee	Daily Fee
	0-5	R6 000.00	R8 000.00	R8 400.00
	6-10	R10 000.00	R10 000.00	R10 500.00
	11-15	R11 000.00	R13 000.00	R13 650.00
	16-20	R12 000.00	R16 000.00	R16 800.00
	21-25	R14,500.00	R18,500.00	R19 400.00
	Over 25	R300.00 ea	R350.00 ea	R400,00 each
Cancellation/Postponement fee	R6 000.00 per day

International Pricing Tariff

International Pricing applies where the Training Venue is outside a radius of 100 kilometers of Oliver Tambo Airport AND where flights to and from Oliver Tambo airport and to and from the Training Venue is NOT possible without encroaching on working days other than the Training Dates.

As per the Local Pricing Tariff plus a per-working-day surcharge of R6000.00 per day

3. Arranging and Releasing Dates and Cancellation Fees

Reserving Training Dates
Training Dates are Agreed by email. The effect of reserving dates is that they will be held exclusively for your Mandate unless cancelled or placed on 1st refusal basis. Until the Mandate is agreed either party may cancel Training Dates.
Cancellation of Training Dates
The Training Provider may cancel reserved Training Date on or before 30 calendar days (45 calendar days in the case of international events) prior to the Training Dates. In this case the Training Provider will not be liable for any cancellation/postponement fee.
Placing Training Dates on a 1st Refusal basis
Instead of cancelling reserved Training Dates, the Training Provider may on or before 30 calendar days (45 calendar days in this case of international events) notify the facilitator that it is unable to confirm the event even though there are reasonable prospects that it may still proceed and request the facilitator to place the event on a 1st refusal basis. In this case the Training Provider will also not be liable for any cancellation fee.
Confirmed Training Dates & Cancellation fee.
Confirming Training Dates
Training providers are requested to confirm Training Dates as soon as they have passed their calculated break event point. This confirmation can be reversed prior to 30 calendar days (45 calendar days in the case of international events).
Accepting (or deeming) Training Dates to be Confirmed
Training Dates that are neither cancelled nor placed on 1st refusal basis on or before 30 calendar days (45 calendar days in the case of international events) prior to the Training Dates, the Training Dates will be accepted as being confirmed.

Cancellation of Training Dates that are Confirmed or Accepted (or Deemed) to be Confirmed
If Training Dates that are Confirmed or Accepted as Confirmed are cancelled the Training Provider be liable for the cancellation fee.
No cancellation or postponement fees are payable on the cancellation of Training Dates for Mandates Agreed less than 30 calandar days from the Training Dates.

Releasing dates
- Cancelled Training Dates, will be released immediately on receipt of the email cancelling the Training Dates.
- Training Dates that are on a 1st refusal basis, will be released only after
  - the Training Facilitator has by email requested the Training Provider to confirm or release the dates, and
  - the Training Provider has failed to respond to the request.
  - Where this request was sent –
    - before 10 am the dates will be released at 4 pm the same day,
    - after 10am the dates will be released at noon on the following day.
- If the Training Provider wishes to confirm Training Dates that are on a 1^st refusal basis the dates must be confirmed before they are released.

4. Training Provider’s Responsibility for Expenses

The Training Provider shall be responsible for and shall pay for all reasonable and necessary expenses incurred in connection with providing the training, including, but not limited to:

The cost of printing any training materials and stationary (if any) provided for the use of Delegates;
The cost of refreshments (if any) for Delegates;
The cost of venue hire and equipment hire if required;
The cost of reasonable accommodation, meals and travelling (if any) of the Training Facilitator to the Training Venue for the Training Date(s). Provided that no cost for accommodation, meals and travelling shall be payable where the Training Venue is within a radius of 100 kilometers from Oliver Tambo Airport.
- Reasonable accommodation means accommodation suitable for a professional person
- Reasonable meals include a morning and evening meal and beverages
- Reasonable Travelling costs include reasonable air fares and car hire where necessary or required and reimbursement for the use of the Training Facilitator’s travelling using his private vehicle at AA calculated on the basis of a new class A (as determined by Avis) type vehicle.
Any other reasonable disbursements incurred by the Training Facilitator while carrying out the Mandate for which the Training Provider shall reimburse the Training Facilitator against reasonable evidence thereof.

5. Training Facilitator’s Duties while carrying out Mandate

The Training Facilitator shall perform the Mandate personally and to a reasonably professional standard. The Training Facilitator warrants that he has the knowledge and experience to do so. The Training Facilitator does not warrant the Delegates will be satisfied with the presentation of the Training Product.
The Training Provider shall personally perform the Mandate unless Agreed otherwise
If requested to do so by the Training Provider, the Training Facilitator shall attend to the registration of Delegates, the signing of attendance registers, the completion of any documents by Delegates, the collection of post course questionnaires and provide any prescribed communications to Delegates on behalf of the Training Provider.
The Training Facilitator shall not canvas for training work for himself from Delegates attending training, and if required by the Training Provider shall not volunteer the information that he is a contractor to the Training Provider, but if asked directly shall not be required to lie.
The Training Facilitator shall pass all training leads, arising during training, for further training services to the Training Provider. Where possible, the Training Facilitator shall attempt to link training leads that arise after training has been completed, to the Mandate from which the lead originated and to refer same to the Training Provider if same is linked to a Mandate of the Training Provider.
Leads for consulting and non-training opportunities that arise are for the benefit of the Training Facilitator.
The Training Facilitator shall at all times act reasonably and take all reasonable steps to complete the Mandate.
The Training Facilitator shall not be liable for any damages suffered by the Training Provider if the Training Facilitator is unable to complete the Mandate due to illness or any other unforeseen event or impossibility in which event Mandate will be determined and neither party shall have any claim against the other.
The Training Facilitator shall provide reasonable support and information to the Training Provider to assist with the marketing of the Training Product, including, where possible attending meetings with a view to marketing the Training Product, in which case the Training Provider shall remunerate the Training Facilitator with a reasonable fee for such attendants and any reasonable disbursements entailed.
The Training Facilitator shall not represent that it acts as the agent for the Training Provider except as specifically agreed.

6. Duties of the Training Provider

The Training Provider warrants that it has sufficiently skilled staff knowledgeable both in the Training Product and marketing in general to properly and professionally market the Training Product.
The Training Provider shall provide the Training Facilitator with all reasonable assistance in completing the Mandate
The Training Provider shall accept the Mandate when completed. In the event of any dispute, the Training Provider shall not withhold payment, or set off any sum against, any fees, but shall pursue such claim separately.
The Training Provider shall not represent that it is the agent of the Training Facilitator.
The Training Provider shall not make use of another Training Facilitator to provide the Mandate or any substantially similar Mandate using Training Materials provided by the Training Facilitator’s.

If required by the Training Facilitator provide evidence to the satisfaction of the Training Facilitator, that no copyright to materials to which the Training Facilitator has copyright are being infringed or any infringement is being permitted by or with the knowledge of the Training Provider.

Annexure

Mandate

We agree that …

Variable	Data	Guidance Notes
Training Provider is…		Insert legal name of Training Provider
Training Product is …		Insert Title of the Course, Event or Workshop
Training Venue is …		Insert the Name of the Venue or the City in which it is Planned
Pricing Arrangement is …		Insert Fixed Pricing or Group Based Pricing
Pricing Tariff is …		Insert Local or International
If the Facilitator is not Gavin Weiman then the Associate Trainer is …		Insert Leryn or Albert
Additional Terms		Insert any specific issues agreed

… the Training provider engages the services of the Facilitator to provide the Mandate on the Pricing and Business Terms for Training Providers and the data and the Facilitator accepts the engagement.

v2.2 Dec 2015