Commercial Information

Introduction

Thank you for enquiring about our products and services. As a leading specialist provider of training, tools and resources that help organisations create safer and more respectful environments, with almost thirty years of experience in the sector, you can be assured that we understand the risks involved and seek to build long-term, sustainable partnerships with our customers.

To support this, we have used that experience to create bespoke terms and conditions of service, with competitive pricing and commercial terms that are acceptable to the vast majority of the customers we work with.

We understand, however, that in some circumstances, such as a bid process governed by public procurement legislation, these may need to be varied. There are some limited positions that Maybo is unable to move on, and we find that being upfront about these at the earliest opportunity avoids wasted time and resources for both parties. It can also lead to useful discussions about why these risks are unacceptable to us, which the buying organisation may share once the context is explained.

We have outlined these below and welcome further discussion.

Commercial and legal constraints

Payment and pricing

• Maybo works on a default basis of payment up front for our services. We can offer credit, subject to the buying organisation passing a credit check, but we will not accept payment terms of more than 45 days. We honour the UK Prompt Payment Code with our suppliers, paying within 30 days of receiving an undisputed invoice, and we can only do this when our customers also pay in line with this best practice.
• Our pricing in any quotation is valid for 90 days.
• Maybo will invoice you in our native currency unless agreed otherwise. It is your responsibility to convert these values into your currency and to make payment to us in our currency.

Contract

Maybo advises customers to contract on our terms and conditions. These have been designed for our specific products and services, and the specific risks involved, particularly when delivering physical skills training.

We are unlikely to sign terms and conditions that contain clauses relating to:

• unlimited liability
• TUPE
• our intellectual property being transferred to your organisation.

We would require wording reflecting the following clauses of our terms and conditions to be included in your terms. The reasons are set out below.

• Clauses 8 (Responsibility for Learners and Client Trainers) and 22 (Delivery and Assessment by Client Trainers): diluting client accountability for the conduct and safety of learners and trainers before, during and after training could expose Maybo to liability for incidents outside our control. We are not the employer of learners or Client Trainers, and shifting responsibility to us is a legal and operational risk.
• Clause 9 (Suitability of Training): accepting liability for the suitability of training, particularly if customers do not provide full or accurate information during the Training Needs Analysis, could make Maybo accountable for inappropriate programme delivery. We rely on customers to assess and confirm that programmes meet their own internal policies, procedures and risk environments.
• Clauses 24 (Physical Skills Training) and 27 (Client Obligations), and Appendix 2 (Maybo Risk Reduction Guidance): amending or omitting critical safety and participation requirements, such as health declarations, fitness to train, pregnancy restrictions and trainer-to-learner ratios, exposes Maybo to serious injury and liability claims. Physical intervention carries inherent risk, and reducing controls such as mandatory ratios, medical clearance and venue standards goes against best practice and BILD ACT standards.
• Clauses 12.1 and 12.8: allowing clients to use expired eLearning or training content increases the risk of outdated or non-compliant training being delivered. This undermines quality assurance, puts learners at risk and breaches BILD ACT certification requirements.
• Clause 22.1 (Trainer Assessment Duties): weakening control over who can be certified, or loosening assessment standards, could damage Maybo's credibility and certification status. Certification must only be issued where full competence is demonstrated, and external audits and BILD ACT compliance depend on this.
• Clauses 19.1(f) and 21.9: allowing clients to edit, adapt or mix Maybo content with third-party materials can cause brand confusion, dilute safety standards and breach our intellectual property. Misuse of our content could lead to serious safety issues and reputational damage, and Maybo's certification depends on our curriculum being delivered as intended.
• Clauses 52 (Limitation of Liability), 53 (Indemnity) and 54 (TUPE Indemnity): removing or significantly reducing liability caps or indemnity provisions could expose Maybo to disproportionate financial risk. We must protect the business from unmanageable liabilities, especially in high-risk sectors such as physical interventions, mental health and enforcement.
• Clauses 20 (Trainer Subscriptions) and 25 (BILD ACT Requirements): weakening the criteria for trainer certification, recertification or BILD ACT requirements compromises compliance and undermines our national accreditation. Maybo's programmes are trusted because we adhere to the RRN Training Standards, and clients benefit from our certification only when its conditions are met.
• Clause 28 (Venue Suitability): allowing clients to bypass venue suitability criteria jeopardises the safety of staff and learners and increases the risk of incidents. Unsafe venues are a leading contributor to training injuries, particularly in physical skills programmes.

We hope this sets out clearly why our standard terms and conditions are the suggested starting point for contract negotiation: they have been tailored with safety, risk, programme integrity and compliance with the relevant standards in mind. Customers' standard terms and conditions are typically more generic, or are based around their own core service, so they do not reflect these areas and expose both parties to risk.