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Standard Terms of Business

Insights offers a range of learning and development products and services to clients. By ordering any of Insights’ products and services, clients agree to the following terms and conditions of business.  Unless otherwise agreed by Insights in writing, the supply of products and services by Insights is not subject to any other terms and conditions requested or supplied by the client, including terms and conditions incorporated into any purchase order document or other document issued by the client.

 

  1. Insights is the trading name of INSIGHTS NORTH AMERICA, INC., a company registered in Texas as company number 800083557, and having its registered office at 4515 Seton Center Parkway, Suite 320, Austin TX 78759 (“Insights”)

 

  1. Fees and Payment: Unless otherwise stated the price will be in US Dollar (USD) excluding VAT and other applicable sales taxes and payment is required in the same currency within 30 days from the day of the invoice. If Insights is required to confirm a Purchase Order document on invoices, the Purchase Order document must be supplied to Insights in advance of delivery of products and services. If any payment is not received within 30 days Insights shall be entitled to cancel or suspend any further performance or delivery of products and services and charge interest on the unpaid amount at the lowest of the following: the rate of 2 per cent (2%) per month on the overdue amount, compounded daily, calculated from the date of the invoice; or the maximum rate of commercial interest permissible by law until payment in full has been received.

 

  1. Costs and Expenses: The choice of venue and associated costs for any event are the responsibility of the client. Insights will charge clients for all reasonable expenses incurred in relation to the provision of products and services, including but not restricted to all travel, hotel accommodation and meals for the facilitator(s).

 

  1. Cancellation: Cancellation of services by clients will be subject to the following charges:

Cancellation within 28 – 15 days from date of intervention: 50% of fees and materials costs and 100% of non-recoverable expenses.

Cancellation within 14 – 1 days from date of intervention: 100% of fees, materials costs and non-recoverable expenses.

 

  1. Delivery: Any dates quoted for delivery or performance of the products and services are approximate only and while Insights will use all reasonable endeavours to meet the proposed timetable, Insights shall not be liable for any claims resulting from any delays in performance howsoever caused. In particular, clients must ensure that Insights receives all the information requested (including completed Insights Evaluators) by the dates required. Failure to supply this information timeously may affect Insights’ ability to supply its goods and services.

 

  1. Intellectual Property: Any and all intellectual property rights used or generated by Insights in the provision of the products and services (including all rights in software) shall be the exclusive property of Insights. Clients are not entitled to amend, modify, copy, adapt or re-use Insights’ intellectual property or in any way, alter, obliterate, conceal, or copy any intellectual property rights of Insights. Clients must not copy, produce, make, modify, manufacture, supply or assist any other party to copy, produce, make, modify, manufacture or supply Insights’ products, services, or any material incorporating Insights’ intellectual property or any part thereof for use, sale, or other purpose. The products and services and the related intellectual property rights cannot be used and/or delivered by or to unauthorised participants or third parties in any way.

 

  1. Data Protection & Privacy: Insights’ data protection and privacy policies as amended or updated from time to time apply to the provision of products and services by Insights. Insights’ current data protection and privacy policies can be found at www.insights.com.

 

  1. Liability: Insights shall use reasonable skill and diligence in the delivery and performance of products and services. However, all warranties and representations are excluded to the fullest extent permitted by law and Insights shall be under no liability in respect of any deficiency in the products and services and shall not be liable for any consequential or indirect loss whatsoever which arises out of or in connection with the supply or use of products and services.

 

  1. Bribery & Corruption: Insights has a zero-tolerance approach to bribery and corruption. Clients are requested to report any instance of suspected or actual improper conduct by any Insights employee or other person engaged by Insights in confidence to Insights’ chief executive at the address set out above.

 

  1. Dispute: Insights will attempt in good faith to resolve any dispute or claim arising out of or relating to the provision of its products and services through negotiations. These terms of business and the provision of products and services shall be governed by Texas law and submitted to the exclusive jurisdiction of the Texas courts unless otherwise agreed.

 

  1. Precedence: In the event that Insights enters into an agreement for the supply of products and services with a client and there is any conflict between the terms of that agreement and these standards terms of business, the terms of the agreement for the supply of products and services shall take precedence.

 

For further information please contact:

Legal Team

Insights Learning and Development Limited

Terra Nova

3 Explorer Road

Dundee

DD2 1EG

Scotland, UK

Tel: +44 (0)1382 908050

E-mail: legal@insights.com