Service Agreement

This Agreement is made between:

TrainingVideos.ie, a trading name of Fresh Face Digital (Company Registration Number: 770394), having its registered office at Ardnacrusha, Co. Clare, Ireland, VAT Number IE4327729QH ("the Provider"),
and
The client company engaging the Provider for health and safety training services ("the Client").

1. Scope of Services

The Provider supplies online, video-based health and safety training for employees of Irish manufacturing companies. The training is delivered via a secure online platform and comprises a series of pre-recorded video modules, developed with input from experienced manufacturing professionals and reviewed by a health and safety consultant with over 30 years' industry experience, who has confirmed in writing that the content is accurate, relevant, and reflects general best practice in workplace health and safety.

The Provider offers reasonable support during onboarding and throughout the Client's use of the service to assist with implementation and employee enrolment.

2. Use of Training — Nature and Limits of the Service

The Client acknowledges and agrees that the training:

• Is intended to support, and form part of, the Client's overall health and safety training programme.
• Does not constitute formal accreditation or certification by any awarding, regulatory, or professional body, and no such claim is made by the Provider.
• Is designed to supplement, and not replace, any practical, hands-on, or site-specific training required by law, by the Client's own risk assessments, or by industry-specific guidance.
• Is not a substitute for the Client conducting its own risk assessments, safety statements, or fulfilling any other legal obligation under the Safety, Health and Welfare at Work Act 2005 (as amended) or related Irish health and safety legislation.

The Client remains solely responsible for assessing the suitability of the training for its own workplace, employees, and legal obligations, and for ensuring all statutory health and safety duties are separately fulfilled.

3. Pricing and Invoicing

• The Provider charges €40 per employee enrolled in the course, and €20 per employee enrolled in a refresher course.
• The Client is invoiced once per calendar month, based on the number of course and refresher enrollments during that month.
• Invoices are issued at month-end and are payable within 14 days of the invoice date, unless otherwise agreed in writing.
• Late payment may result in suspension of access to the platform for the Client's employees until outstanding invoices are settled.

4. Data Protection

The Provider acts as a data processor on behalf of the Client (the data controller) in relation to employees' personal data submitted for training purposes, and agrees to:

• Process personal data only for the purpose of delivering, administering, and certifying the training, and only on the Client's documented instructions.
• Keep all employee data secure and confidential, using appropriate technical and organisational measures.
• Retain personal data only for as long as reasonably necessary to deliver the service and meet certification/record-keeping needs, and in any event delete or anonymise it within 12 months of the Client's account being closed, or sooner upon written request, in line with GDPR requirements.
• Notify the Client without undue delay, and in any event within 72 hours of becoming aware, of any personal data breach affecting the Client's employees' data.
• Not engage any third-party sub-processor to process the Client's data without prior notice to the Client, save for essential service providers (e.g. email delivery) engaged on substantially similar data protection terms.
• Ensure that all personal data is hosted and processed within the European Economic Area.

The Client remains the data controller and is responsible for having a lawful basis to submit its employees' personal data to the Provider and for informing employees of the processing as required under GDPR.

5. Intellectual Property

All training content, videos, materials, branding, and platform features remain the exclusive property of TrainingVideos.ie. The Client is granted a non-exclusive, non-transferable licence to use the platform and content solely for the purpose of training its own employees for the duration of this Agreement. The Client agrees not to copy, distribute, record, download, reverse-engineer, or reuse any content outside the platform without the Provider's prior written consent.

6. Limitation of Liability

Nothing in this Agreement excludes or limits either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited under the laws of Ireland.

Subject to the above, the Provider shall not be liable for any indirect, incidental, or consequential losses (including loss of profit, loss of business, or loss of reputation) arising from the use of the training service.

Subject to the first paragraph of this Clause 6, the Provider's total aggregate liability under this Agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to the greater of (a) the total amount invoiced to the Client in the 12 months preceding the event giving rise to the claim, or (b) €5,000.

The Provider maintains professional indemnity and public liability insurance appropriate to the services provided under this Agreement.

7. Termination

Either party may terminate this Agreement at any time by giving 7 days' written notice to the other. Termination does not affect any outstanding invoices already issued, which remain payable in full. Upon termination, the Provider will disable the Client's employees' access to the platform and will delete or anonymise the Client's data in accordance with Clause 4.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Ireland, and the parties submit to the exclusive jurisdiction of the courts of Ireland.

9. Acceptance of Terms

The Client confirms its agreement to be bound by these terms by ticking the acceptance checkbox as part of the Provider's online onboarding form, having been given the opportunity to read this Agreement in full prior to doing so.