Terms and Conditions

Parties

• The Education and Training Academy is a trade name of Education and Training Academy Group Ltd, a company incorporated in England and Wales (company number 13112505), whose registered office is at 16 Bridge Road, West Sussex, England, RH16 9UA (hereinafter the “Supplier”); and

BACKGROUND

• The Supplier, Education and Training Academy Group Ltd is a training provider.
• The Supplier and Client are intending to enter into a Service Contract (“Agreement”) in which the Supplier will provide Learning services to the Client.

1. Definitions

For purposes of this Agreement, the following terms shall have the following meanings:

Agreement: the contract for Services formed between the Customer (and/or Learner, as applicable) and the Supplier incorporating these Terms and Conditions and the Booking Form.

Associate Trainer: the person delivering the Services, including any subcontractors engaged by the Supplier.

Awarding Organisation Registration: means registration of the Learner with an external awarding organisation for an Ofqual-regulated qualification (where applicable).

Booking Form: the website form used by the Customer and/or Learner to book the Services via the Supplier’s website.

Booking Fee: a fee payable by the Customer to secure the booking of the Services, as set out in clause 5.1 and clause 5.3.

Business Customer: a Customer who purchases the Services in the course of business.

Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 5.

Classroom Study: study by the Learner when physically attending a classroom.

Clause: a clause of this Contract.

Commencement Date: the date the Services start, being the date stated in the Booking Form or, where applicable, the date access is first provided to the learning platform or Materials.

Consumer Learner: a Learner who enters into the Contract wholly or mainly outside their trade, business, craft or profession.

Contract: the contract between the Customer and the Supplier for the supply of the Services in accordance with these Terms and Conditions and the Booking Form.

Customer: the person, organisation or employer purchasing the Services, who may be the Learner or a third party.

Employer-Funded Booking: a booking where the Customer is an employer, organisation or other third party purchasing the Services on behalf of a Learner.

Enrolled: the point at which the Supplier has (as applicable) created the Learner’s account, granted access to learning materials or platforms, allocated an assessor/tutor, registered the Learner with an awarding organisation, or confirmed a course date or assessment slot for the Learner.

Enrolment Process: means completion of all of the following to the Supplier’s satisfaction: (a) acceptance of this Agreement (including ticking acceptance online or signing where applicable), (b) completion of the Supplier’s enrolment form, (c) provision of valid identification meeting the Supplier’s ID requirements, and (d) completion of the Supplier’s learner induction.

Finance Provider: a body corporate that lends money or provides credit, or arranges or facilitates the provision of debt or equity finance, in the course of a business.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Learner: the individual who receives the Services (including training, assessment and feedback), whether the Services are purchased by that individual or by a third party.

Learner Default: has the meaning given in clause 4.2.

Learner Induction: means the Supplier’s induction process (which may include mandatory guidance on assessment rules, academic integrity, safeguarding, conduct requirements, platform orientation, and any awarding organisation rules that apply).

Materials: handouts, course notes and copies of presentations and includes both paper and electronic versions thereof.

Personal Data: data which relates to a living individual who can be identified from that data or from that data and other information and which is provided to, or collected by, the Supplier in connection with the Services.

Registration Deadline: means, where the relevant awarding organisation and registration is required, the latest date by which the Learner must be registered in accordance with the Awarding Organisation’s published registration timescales, including (as applicable) registration within 25 working days of induction for courses with an expected duration of less than 12 weeks, registration within 60 working days of induction for longer courses, and registration at least 5 working days before any externally set assessment sitting.

Self-Study: study by the Learner without direct supervision or attendance virtually or in a class.

Services: the course(s) and related services (including teaching, assessment, marking, feedback and tutor support where applicable) to be provided by the Supplier under this Contract, as set out in the Specification and/or Booking Form.

Sign-up Date” means the date on which the Customer and/or Learner submits the Booking Form and makes payment (or the Booking Fee) and the Supplier confirms the booking and/or grants access to any Materials or the learning platform.

Specification: the description or specification for the Services agreed in writing by the Customer (and/or Learner, as applicable) and the Supplier, including as set out in the Booking Form and any joining instructions.

VAT: value added tax chargeable from time to time.

Virtual Study: online training services delivered by an appropriate online platform such as Microsoft Teams.

2. Supply of Services

2.1 The Supplier shall perform and deliver Learning Services to the Learner as per services specified within the Booking Form for the duration of the Agreement.

2.2 The Learning Services which the Supplier is able to provide and are subject to this Agreement, are as follows:

1. Self-Study;
2. Classroom Study;
3. Virtual Study.

2.3 The Supplier shall perform the Learning Services in accordance with and subject to the terms and conditions of this Agreement.

2.4 The Supplier shall meet any performance dates for the Services specified in the Booking form.

2.5 The Learner shall provide such necessary information for the provision of the Services as the Supplier may reasonably request.

2.5A The Learner must complete the Enrolment Process before the Supplier will assess, mark, provide feedback on, or otherwise process any submitted coursework, assignments, portfolios, observations, professional discussions or other assessment evidence. Any work submitted before completion of the Enrolment Process may be held unassessed and unmarked until the Enrolment Process is complete. The Learner remains responsible for meeting all course deadlines and the overall completion period notwithstanding any such hold.

2.6 The Supplier will make reasonable endeavours to mark submitted work within ten (10) days of receipt, failing which this will be completed within fourteen (14) days. Marking timescales do not apply where a submission is incomplete, where the Learner has not provided required identification, or where assessment evidence is subject to internal or external quality assurance sampling holds.

2.6A The Supplier will not assess, mark, provide feedback on, internally quality assure, or otherwise process any submitted coursework, assignments, portfolios, observations, professional discussions or other assessment evidence unless and until the Learner has completed the Enrolment Process. Where awarding organisation registration is required, the Supplier will not permit assessment activity to take place prior to the Learner being registered, save that an initial assessment undertaken as part of induction to confirm suitability/level of entry may be completed before registration where permitted by the relevant awarding organisation rules. Any work submitted before completion of the Enrolment Process (and, where applicable, before awarding organisation registration) may be held unassessed and unmarked and the Supplier shall have no responsibility for any delay arising as a result. The Learner remains responsible for meeting all course deadlines and the overall completion period notwithstanding any such hold.

2.7 Certificates are issued by external third parties (including awarding organisations). The Supplier will submit results and/or certification claims within a reasonable period after the Learner has met the requirements in clause 2.15 and the Supplier’s internal quality assurance processes are complete. Certificate production and dispatch timescales are outside the Supplier’s control and may take up to twelve (12) weeks or longer. The Supplier accepts no liability for delays caused by external third parties.

2.8 The fee for any such certificates are including in the agreed fee for the Services, however if a replacement is required, the Learner will be required to pay a fee of £15.00 for each additional copy.

2.9 The Learner is permitted to request to upgrade their selected Service by making a formal request in writing to the Supplier using the following [email protected]. Any such upgrade will be solely at the Suppliers discretion, whereby if accepted, the Learner will be notified of any applicable fee.

2.10 The Supplier shall use all reasonable endeavours to meet any performance dates specified in the Booking Form, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

2.11 Services cancellation – Cancellation of Services is dealt with in clause 5.3 (and, for Consumer Learners, clause 2.13).

2.12 The Supplier reserves the right to amend the Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Learner in any such event.

2.13 Cooling-off period and commencement of Services

2.13.1 Where the Learner is a consumer, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may give the Learner a right to cancel the Contract within fourteen (14) days of entering into it (the “cooling-off period”), without giving any reason.

2.13.2 If the Learner is a Consumer Learner and requests that the Supplier begins supplying the Services during the cooling-off period, the Supplier will begin supplying the Services as requested.

2.13.3 If a Consumer Learner cancels during the cooling-off period after the Services have started, the Supplier may deduct from any refund an amount that is proportionate to the Services supplied up to the time the Consumer Learner informs the Supplier of cancellation.

2.13.4 Where the Contract includes digital content (for example, downloadable or streamed learning materials or access to an online learning platform), the Consumer Learner agrees that the Supplier may supply that digital content immediately and acknowledges that the right to cancel the digital content will be lost once supply has begun.

2.13.5 Where the Customer is an employer, organisation or other third party purchasing Services in the course of business (a Business Customer), the statutory cooling-off rights referred to in this clause 2.13 do not apply.”2.14 Regulated and non-regulated courses; awarding organisations

2.14.1 The Supplier delivers a mixture of Ofqual-regulated qualifications and non-regulated or in-house/CPD training courses.

2.14.2 Where a course is an Ofqual-regulated qualification, it is awarded and certificated by a recognised awarding organisation. In such cases, the Supplier acts as an approved centre for that awarding organisation and delivers the teaching, assessment and internal quality assurance on its behalf.

2.14.3 Where a course is non-regulated or in-house/CPD training, this will not lead to an Ofqual-regulated qualification and no awarding organisation is involved. The status of each course (regulated qualification or non-regulated training) and, where applicable, the relevant awarding organisation, will be made clear in the course information on the Supplier’s website and in joining information.

2.14.4 References on the Supplier’s website and marketing materials to “Ofqual-regulated qualifications” mean that certain qualifications offered by the Supplier are regulated by Ofqual through recognised awarding organisations, not that the Supplier is itself an Ofqual-recognised awarding organisation.

2.15 Registration and certification

2.15.1 Registration with an external awarding organisation applies only where the selected course is an Ofqual-regulated qualification (or otherwise requires awarding organisation registration). Where awarding organisation registration is required, the Learner will be registered only once the Learner has completed the Enrolment Process and the Supplier has confirmed the Learner’s suitability against the course prerequisites and (where applicable) awarding organisation entry requirements. Registration is driven by awarding organisation timescales and suitability for the course.

2.15.2 For awarding organisation registration, the Learner must provide promptly from the Sign-up Date, and keep up to date, all information and evidence required for registration, including (without limitation) completion of the Supplier’s enrolment form, provision of valid ID, completion of the Learner Induction, confirmation that the Learner meets the course prerequisites and (where applicable) awarding organisation entry requirements, and any additional registration data requested by the awarding organisation. The Learner acknowledges that access to the learning platform and Materials begins from the Sign-up Date, and that the Learner is responsible for completing the Enrolment Process in sufficient time for the Supplier to register the Learner within the awarding organisation’s required timescales. The Learner must complete the Enrolment Process in sufficient time to allow registration by the Awarding Organisations Registration Deadline, and where an externally set assessment applies, in sufficient time to allow registration at least five (5) working days before the planned assessment sitting.

2.15.3 The Supplier may delay, suspend or decline registration with an awarding organisation where: (a) the Learner has not completed the Enrolment Process; (b) the Learner does not meet, or cannot evidence that they meet, the course prerequisites and/or the relevant awarding organisation’s entry requirements; (c) the Supplier reasonably suspects that information provided is incomplete, inaccurate, misleading, fraudulent or otherwise non-compliant; (d) the Learner fails to provide required registration information and evidence in sufficient time to enable registration within the awarding organisation’s required timescales; (e) registration is not permitted by the awarding organisation for any reason outside the Supplier’s reasonable control; or (f) the Supplier is required to do so to comply with the awarding organisation’s rules, regulatory requirements, or the Supplier’s malpractice/maladministration obligations.

2.15.4 Where a Learner has completed all required assessments and met the conditions in clause 2.15.2, the Supplier will submit results and/or a claim for certification to the relevant awarding organisation. Certificates are issued by the awarding organisation and, as stated at clause 2.7, can take up to 12 weeks to become available. The Supplier accepts no liability for any such delays.

2.15.5 The Supplier will not submit a claim for certification to an awarding organisation, or release any certificate or formal confirmation of results to the Learner, until:

1. the Supplier’s internal quality assurance (IQA) processes for the relevant assessment(s) have been completed to a satisfactory standard and any actions arising have been addressed; and
2. all fees and charges payable in respect of the course, including any extension fees under clause 3.2 and any fees recharged under clause 5.5, have been paid in full and received as cleared funds by the Supplier, unless otherwise agreed in writing.
3. the Learner has completed the Enrolment Process (including completion of the Learner Induction); and
4. the Learner has completed the required assessment process to the standard required by the relevant specification and awarding organisation rules (where applicable and subject to any awarding organisation verification or moderation).

2.15.6 Where a Learner has completed assessments and is ready for assessment processing and/or IQA, the Supplier will use reasonable endeavours to process, internally quality assure and (where applicable) submit results/claims to the awarding organisation within the awarding organisation’s required timescales, provided that the Learner has completed the Enrolment Process, the evidence submitted is complete and authentic, and the Learner has complied with the Supplier’s reasonable requests for clarification or correction.

2.16 Learner support

2.16.1 The Supplier will provide Learners with access to tutor support throughout the duration of the course. Support is normally provided through a combination of written feedback on submitted work, email support and tutorial sessions delivered virtually or by telephone.

2.16.2 The Supplier will make reasonable endeavours to offer regular opportunities for Learners to book tutorials and will respond to Learner queries within a reasonable period, normally within five (5) working days.

2.16.3 Many courses are delivered on a self-study basis, with Learners studying flexibly in their own time. In such cases, the level and frequency of tutor contact will depend partly on the Learner’s engagement with available tutorials and communications. Learners are responsible for reading course guidance, booking and attending agreed tutorials, responding to messages from the Supplier and informing the Supplier promptly if they require additional support.

2.17 Employer-funded courses

2.17.1 Where a course is purchased by an employer, organisation or other third party on behalf of one or more Learners, the Supplier’s contract is with that employer or organisation (the “Customer”) and not with the individual Learners. In such cases, all obligations in relation to payment of fees rest with the Customer.

2.17.2 The Supplier may take instructions from the Customer regarding the enrolment, withdrawal, deferral or substitution of Learners on employer-funded courses, subject to these Terms and Conditions and any applicable awarding organisation rules.

2.17.3 If the Customer fails to pay any fees or charges when due, the Supplier may suspend or withdraw Learners’ access to Services (including access to learning materials, tutorials, assessment and certification claims) until payment is made, even where the individual Learners are not personally at fault. The Supplier will take reasonable steps to notify affected Learners where access is suspended for this reason.

2.17.4 Where a course is purchased by an employer, organisation or other third party on behalf of a Learner, the Learner must nevertheless complete the Enrolment Process and comply with all learner-facing requirements, including providing any required identification, completing declarations, confirming that they have read and understood the relevant policies, procedures and course requirements, and completing any required induction or onboarding steps. The Supplier may refuse, delay or suspend training, registration, assessment or certification until those learner requirements have been completed.

2.18 Guided Learning Hours and learner responsibilities

2.18.1 Each course description sets out indicative Guided Learning Hours (GLH) and, where applicable, Total Qualification Time (TQT) based on the relevant awarding organisation’s specification. These figures represent the minimum amount of time that an average Learner is expected to spend in guided learning and overall study in order to achieve the qualification.

2.18.2 The Supplier will provide learning materials, guidance and opportunities for tutorials and other guided learning activities. However, the Learner is responsible for engaging with the course, undertaking sufficient study and making appropriate use of the support offered so as to meet the minimum indicative GLH and TQT for the course.

2.18.3 Where tutorials, group sessions or other scheduled activities form part of the guided learning offer, Learners are responsible for booking and attending such sessions. The Supplier may send reminders and invitations from time to time but is under no obligation to chase Learners individually or guarantee that all Learners will attend the minimum number of tutorials. Failure by a Learner to book or attend available tutorials may impact their ability to meet the indicative GLH and TQT.

3. Term

3.1 The term of this Agreement shall commence on the Sign-up Date. The Learner’s access period to the course Materials, learning platform and tutor support (where included) shall run for twelve (12) calendar months from the Sign-up Date for Self-Study, Classroom Study and Virtual Study. The Level 5 Diploma in Teaching shall run for twenty-four (24) months from the Sign-up Date.

3.2 Completion period and extensions

3.2.1 The Learner is permitted a period of twelve (12) calendar months to complete any required course work and obtain the relevant certification (twenty-four (24) months for the Level 5 Diploma in Teaching), calculated in accordance with clause 3.1

3.2.2 Failure to complete within the applicable period in clause 3.2.1 will result in an extension fee being required, which shall be twenty-five percent (25%) of the fee for the selected Service, unless otherwise agreed in writing.

3.2.3 The Supplier is under no obligation to grant any extension. Any extension to the completion period shall be subject to the Supplier’s prior written approval, at the Supplier’s sole discretion, and may be conditional upon the payment of further fees and/or the completion of additional or repeated assessment activity.

3.2.4 Any extension granted under clause 3.2.3 will specify in writing the duration of the extension and what it includes (for example, continued access to platforms/materials, tutor support and marking).

3.3 Currency of assessment evidence

3.3.1 For qualifications which include practical assessments, observations, micro-teaching, professional discussions or portfolio evidence, the Supplier must ensure that assessment evidence is current and reflects the Learner’s present competence and the requirements of the relevant qualification and awarding organisation.

3.3.2 Where assessment evidence is more than twelve (12) months old at the point the Learner seeks to complete, or where there have been significant changes to the qualification specification or regulatory requirements, the Supplier may require the Learner to repeat, update or supplement that assessment evidence before the Learner can be recommended for certification.

3.4 Right to treat Learner as withdrawn

3.4.1 If a Learner does not complete the course and associated assessments within the period set out in clause 3.2.1, and any extension agreed in accordance with clause 3.2.3, and does not adhere to any revised completion plan agreed with the Supplier, or fails to pay any fees or charges when due, the Supplier reserves the right to treat the Learner as withdrawn from the course.

3.4.2 Where a Learner is treated as withdrawn under clause 3.4.1, the Supplier may, at its discretion and subject to the rules of the relevant awarding organisation:

1. withdraw or request the withdrawal of the Learner’s registration with any awarding organisation;
2. (b) terminate the Learner’s access to course materials, learning platforms and tutor support; and
3. (c) require the Learner to re-enrol and pay the then-current fees if they wish to commence or repeat the course at a later date.

3.4.3 The exercise by the Supplier of its rights under this clause 3.4 shall not entitle the Learner or Customer to any refund of fees already paid, save where expressly agreed in writing by the Supplier or required by law. Where courses are funded by an employer or other third-party Customer, any refund or credit will be dealt with between the Supplier and that Customer.

3.5 Enrolment and induction timeframes (including awarding organisation registration). The Learner must complete the Enrolment Process as soon as reasonably practicable and, in any event, in sufficient time to enable the Supplier to register the Learner within the required awarding organisation timescales where registration applies. The Learner must complete the Enrolment Process in sufficient time to enable registration by the Awarding Organisation Registration Deadline. If the Supplier reasonably believes that the Learner’s failure to provide required enrolment documentation, evidence or co-operation means that registration cannot be completed within the applicable awarding organisation timescales, the Supplier will provide the Learner with written notice explaining what is outstanding and specifying a final deadline to remedy the position. The Supplier will carry out a manual review before withdrawing a Learner for failure to enrol, including consideration of any evidence of attempted compliance and any reasonable adjustments notified to the Supplier. If the Learner does not remedy the outstanding matters by the deadline stated in the notice, the Supplier may treat the Learner as withdrawn from the course, terminate access to the Services and Materials, and close the Learner’s account. Unless a shorter period is required to meet awarding organisation timescales, the Supplier will give not less than ten (10) working days’ written notice before course withdrawal under this clause. For the avoidance of doubt, the Learner must complete the Learner Induction within three (3) months of the Sign-up Date; if the Learner has not completed the Learner Induction within that period, the Supplier reserves the right to withdraw the Learner and remove access without refund, subject always to any non-excludable rights a Consumer Learner may have under applicable law. The Learner acknowledges that it is their responsibility to complete the Enrolment Process and maintain eligibility for registration.

3.6 The Learner’s access to the course Materials, learning platform and any tutor support is granted only for the access period stated in clause 3.1 (and any agreed extension confirmed in writing by the Supplier). Once the access period has expired, the Supplier shall be under no further obligation to assess, mark, provide feedback on, internally quality assure, or otherwise process any further work submitted by the Learner, whether submitted before or after expiry, unless the Supplier has expressly agreed in writing to an extension or reactivation and the Learner has paid any applicable extension/reactivation fees. For the avoidance of doubt, any work submitted after expiry may be rejected without assessment and the Supplier accepts no responsibility for any inability to complete the qualification after the access period has ended.

4. Learner Obligations

4.1 The Learner shall complete the Enrolment Process promptly and acknowledge that the Supplier is not responsible for chasing, prompting or completing any part of the Enrolment Process on the Learner’s behalf. By accepting this Agreement, the Learner confirms they are aware of all course prerequisites and, where applicable, the relevant awarding organisation’s entry requirements and assessment rules, and warrants that they meet and will continue to meet those requirements throughout the course. Where the course or qualification requires a placement, workplace access, observed practice, mentoring or witness testimony, the Learner is solely responsible for obtaining and maintaining any required placement or access for the duration of the course and for sourcing a replacement placement if required; any signposting, support or introductions offered by the Supplier are discretionary only, are not contractual promises, and create no liability on the Supplier. The Learner is responsible for ensuring that any mentors, supervisors, witnesses or other third parties used in assessment evidence are appropriately qualified and competent for the role required, have permission to provide any documents or statements relied upon, and have consented to their details being used for assessment, quality assurance, audit or awarding organisation purposes. The Learner is responsible for ensuring that any persons whose personal data, work product, workplace materials, images or information are included within assessment evidence have given informed consent for that use, and the Supplier accepts no liability for any failure by the Learner to obtain such permissions and consents. These obligations apply whether the Learner purchased the Services directly or the Services were purchased on the Learner’s behalf by an employer, organisation or other third party.

4.2 If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Learner or failure by the Learner to perform any relevant obligation (Learner Default):

1. without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Learner remedies the Learner Default, and to rely on the Learner Default to relieve it from the performance of any of its obligations in each case to the extent the Learner Default prevents or delays the Supplier’s performance of any of its obligations;
2. the Supplier shall not be liable for any costs or losses sustained or incurred by the Learner arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in this Clause 4.2;
3. the Learner shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Learner Default.

5. Charges and Payment Terms

5.1. The Charges for the Services shall be set out in the Supplier’s online Booking Form and shall be charged in the following manner:

1. Self-Study – payable in full prior to the commencement of the Services (no access is permitted without payment);
2. Classroom Study – the following options apply:
3. Booking fee of 25% of the value of the Services, payable no later than 7 days prior to the commencement of the Services with the remaining 75% payable prior to the commencement date; or
4. Payable in full prior to commencement of the Services (see Clause 5.2)
5. Virtual Study – the following options apply:
6. Booking fee of 25% of the value of the Services, payable no later than 7 days prior to the commencement of the Services with the remaining 75% payable prior to the commencement date; or
7. Payable in full prior to commencement of the Services (see Clause 5.2)

5.2. The Learner is permitted to pay for the Services utilising a third party Finance provider (Please note that the Supplier is not a broker and are not FCA (Financial Conduct Authority) regulated and are unable to provide any advice on finance), which will allow for the Services to be paid on a monthly basis.

If the Learner has paid the Booking Fee and then selects to pay for the Services via a third party Finance provider (which will pay for the Services in full), the Supplier will refund the Booking Fee within 14 days of receiving payment from the Finance provider.

5.3 Cancellations and fees

5.3.1 Consumer Learners. Where the Customer is a Consumer Learner, clause 2.13 applies during the cooling-off period. If the Consumer Learner cancels after the cooling-off period, the Supplier may retain or charge a reasonable amount to reflect genuine losses and costs incurred up to cancellation, including administration, reserved course places, tutor/assessor time already committed, and any non-recoverable third-party fees already incurred (including awarding organisation registration fees where applicable).

5.3.2 Business Customers. Where the Customer is a Business Customer, if the Customer cancels within seven (7) days of the Services commencement date the Booking Fee is payable and non-refundable (or, if not yet paid, becomes immediately due). If the Customer cancels after commencement, the Charges remain payable in full.

5.4 No refunds after enrolment or submission (subject to law)

5.4.1 Business Customers. Where the Customer is a Business Customer, no refunds are due once the Learner has enrolled on the course and/or submitted any work, assignment, assessment or portfolio evidence for marking or feedback, save where the Supplier agrees otherwise in writing.

5.4.2 Consumer Learners. Where the Customer is a Consumer Learner, no refunds are due once the Learner has enrolled on the course and/or submitted any work, assignment, assessment or portfolio evidence for marking or feedback, except where a refund is required by law or where the Supplier is in breach of the Contract. For the avoidance of doubt:

2. if the Consumer Learner cancels during the cooling-off period after Services have started, the Supplier may deduct a proportionate amount for Services supplied up to cancellation in accordance with clause 2.13; and
3. where digital content has been supplied (including access to an online learning platform or downloadable learning materials), the right to cancel the digital content is lost once supply has begun in accordance with clause 2.13.

5.5 VAT

All amounts payable by the Customer under the Contract are inclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where applicable, the VAT element of the invoice will be clearly specified and payment of this taxable element is due at the same point as the Charges.

5.6 Payment method and timing

The Customer shall pay each invoice submitted by the Supplier by cash, direct bank transfer, card payment or BACS (including payment via a Finance Provider) in full and in cleared funds to a bank account nominated in writing by the Supplier, and time for payment shall be of the essence of the Contract.

5.7 Failed payments and payment provider charges

5.7.1 Where any payment made by or on behalf of the Customer is returned, declined, reversed or otherwise fails due to issues with a payment provider, bank or card issuer (including but not limited to chargebacks, insufficient funds or expired cards), any reasonable administration charges, bank fees and third-party processing charges incurred by the Supplier as a result may be recharged to the Customer.

5.7.2 The Supplier may suspend access to Services, including access to online learning platforms, tutorials, assessment and certification claims, until cleared funds have been received in respect of any overdue sums and associated fees.

5.8 Interest on late payment

If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier’s remedies under clause 9 (Termination), the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 5.8 will accrue each day at four percent (4%) a year above the Bank of England’s base rate from time to time, but at four percent (4%) a year for any period when that base rate is below 0%.

5.9 No set-off

All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6. Warranties

6.1. The Supplier warrants to the Learner that services will be performed by appropriately qualified and trained personnel.

6.2. The Supplier warrants to the Learner that any information supplied to the Learner under the Services is true, accurate and complete at the time of delivery and to the best of their knowledge and belief.

6.3. The Supplier warrants to the Learner that it will comply with all applicable regulations or other legal requirements within England and Wales concerning the performance of the Services.

6.4. Except for the warranties stated in this Section, Supplier expressly does not warrant that the operation of Services shall be uninterrupted or error-free; or that Services will operate on any system, or with any software, other than the system with which the Supplier tested such Services. Supplier does not warrant any third-party software development tools.

7. Limitation of Liability

7.1 Nothing in the Contract shall limit or exclude the Supplier’s liability for:

1. death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors;
2. fraud or fraudulent misrepresentation; or
3. breach of the termsimplied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

7.2 Subject to Clause 7.1, Nothing in this Contract excludes or limits any rights or remedies a Consumer Learner has under applicable consumer law. The Supplier shall not be liable to the Learner, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

1. loss of profits;
2. loss of sales or business;
3. loss of agreements or contracts;
4. loss of anticipated savings;
5. loss of use or corruption of software, data, or information;
6. any delays due to the Leaner failing to provide appropriate ID;
7. loss of or damage to goodwill; and
8. any indirect or consequential loss.

7.3 Subject to Clause 7.1, the Supplier’s total liability to the Learner, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract, shall be limited to 100% of the total charges paid under the Contract.

7.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

7.5 The Customer must notify the Supplier of any complaint relating to the Services within a reasonable time of the issue arising and, where possible, provide sufficient details for the Supplier to investigate and respond.

7.6 This Clause 7 shall survive termination of the Contract.

8. Insurance

8.1 During the term of the Contract, the Supplier shall maintain in force, with a reputable insurance company, professional indemnity insurance and public liability insurance to cover the liabilities that may arise under or in connection with the Contract and shall, on the Learner’s request, produce both the insurance certificate giving details of cover and the receipt for the current year’s premium in respect of each insurance.

9. Termination

9.1 Without affecting any other right or remedy available to it, either party may terminate the Contract prior to commencement by giving the other party 7 days written notice. If the Client terminates the Contract they will still be liable for the cancellation fee as per Clause 5.3.

9.2 Without affecting any other right or remedy available to it, the Client may terminate the Contract with immediate effect by providing written notice to the Supplier if:

1. the Supplier commits a material breach of its obligations under the Contract and (if such breach is remediable) fails to remedy that breach within 14 days after receipt of notice in writing to do so;
2. the Supplier takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
3. the Supplier suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.

9.3 Without affecting any other right or remedy available to it, Supplier may terminate the Contract with immediate effect by giving written notice to the other party if:

1. the Learner commits a material breach (including breach of the terms stipulated at Clause 11.2);
2. the Learner or Customer fails to pay any amount due under this Contract on the due date for payment and remains in default not less than seven (7) days after being notified in writing to make such payment.
3. the Learner’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
4. the Learner fails to complete the Services within the period set out in clause 3.2.1 and any extension agreed in accordance with clause 3.2.3, and fails to comply with any revised completion plan agreed with the Supplier.

9.4 Without affecting any other right or remedy available to it, the Supplier may suspend the supply of Services under the Contract or any other contract between the Learner and the Supplier, if the Learner fails to pay any amount due under the Contract on the due date for payment, the Learner becomes subject to position stated in Clause 9.3(c) or the Supplier reasonably believes that the Client is about to become subject to it.

10. Consequences of Termination

10.1 On termination of the Contract:

5. the Learner shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices (including any applicable cancellation fee in accordance with Clause 5.3) and, in respect of Services and Goods supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Client immediately on receipt;
6. the Learner shall return all of the Supplier Materials which have not been fully paid for or the Supplier deems are required to be returned. If the Customer fails to return any Materials that the Supplier has properly requested to be returned, the Supplier may invoice the Customer for the reasonable replacement cost of those Materials.

10.2 Termination or expiry of the Contract shall not affect any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

10.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

11. Use of Materials

11.1. The Learner is not permitted to commercially disseminate the Materials provided by the Supplier. 

1. For all personal purposes exclusively within the Learner’s organisation;
2. To share knowledge gained from the Materials within the Learner’s organisation;
3. In order to do so copies may be made of the Materials for use within the Learner’s organisation.

11.2.    The Learner is granted a non-exclusive limited licence to use the Materials for the purposes of the Contract, however the non-exclusive licence expressly prevents the Learner from:

1. Copying, utilising, or otherwise extracting parts of the Materials in order to create new materials without express written consent from the Supplier;
2. Creating new materials, copying, utilising, or otherwise extracting parts of the Materials where express consent has been obtained to do so, without making full written acknowledgement of copyright to the Supplier;
3. Selling the Material in any form or using or permitting any person to use the Materials to deliver training to any person or persons;
4. Copying or storing the Materials in an electronic retrieval system to which other persons could obtain access;
5. Providing to and/or selling the Materials to sub Learners to use and plagiarise;
6. This licence provided pursuant to this Agreement is personal to the Learner and may not be assigned, sub-licensed or otherwise transferred without our prior written permission from the Supplier.

11.3 The Learner accepts that where a breach of the non-exclusive licence provided occurs, to claim damages alone would be insufficient and the Learner therefore agrees that in the event the licence terms are breached Supplier is entitled to pursue additional legal remedies in addition to bringing a claim for damages including but not limited to obtaining an injunction to prevent the dissemination of the Materials.

11.4 The Supplier and/or any of their employees, servants, agents, and sub-contractors shall not be liable to the Learner or any other third party for any losses or damages whatsoever or howsoever arising in connection with the Learner’s or any third party's use of the Materials.

12. Data Protection and Data Processing

12.1 The parties acknowledge that, for the purposes of UK data protection law, the Supplier will ordinarily act as a data controller in relation to Personal Data it processes to deliver the Services, meet awarding organisation and regulatory requirements, carry out quality assurance, prevent fraud, investigate complaints, appeals and malpractice, and comply with legal obligations.

12.2 The Supplier will process Personal Data in accordance with applicable data protection law and the Supplier’s privacy notice, including using appropriate technical and organisational measures to protect Personal Data.

12.3 The Supplier shall take reasonable steps to ensure the reliability of all its employees who have access to the Personal Data.

12.4 Each party warrants to the other that it will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards, and other similar instruments.

12.5 The Supplier warrants that, having regard to the state of technological development and the costs of implementing any measures, it will:

1. take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to:
2. the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction, or damage; and
3. the nature of the data to be protected.
4. take reasonable steps to ensure compliance with those measures.

12.6 Each party agrees to indemnify and keep indemnified and defend at its own expense the other party against all costs, claims, damages, or expenses incurred by the other party or for which the other party may become liable due to any failure by the first party or its employees or agents to comply with any of its obligations under this Clause 12.

12.7 The Learner acknowledges that the Supplier is reliant on the Learner for direction as to the extent to which the Supplier is entitled to use and process the Personal Data. Consequently, the Supplier will not be liable for any claim brought by a Data Subject arising from any action or omission by the Supplier, to the extent that such action or omission resulted directly from the Learner’s instructions.

12.8 Identification documents

12.8.1 The Learner acknowledges that the Supplier may collect and retain copies of identification documents (for example passports, driving licences or other photo ID) for the purposes of verifying identity, preventing fraud, meeting the requirements of awarding organisations and regulators, and supporting quality assurance, audit, investigation or replacement certificates.

12.8.2 Identification documents may be shared with awarding organisations, external quality assurers and regulators where necessary to deliver or quality assure regulated qualifications. Identification documents will be stored securely and retained only for as long as is reasonably necessary for these purposes and in line with the Supplier’s data retention policy.

13. Confidentiality

13.1 Each party undertakes that it shall not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning the business, affairs, Learners, clients or suppliers of the other party, except as permitted by (Clause 13.2).

 13.2 Each party may disclose the other party’s confidential information:

1. to its employees, officers, representatives, subcontractors, or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this Clause 13 ; and
2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

13.3 Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.

14. Force Majeure

14.1 Neither party shall be liable for failure to perform, nor be deemed to be in default, under this Agreement for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, acts of Governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, accident, epidemics, pandemics, lightning damage, electromagnetic interference, radio interference, strikes, industrial dispute, power failure or any other cause beyond its reasonable control.

14.2 In the event of such delay, the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the effect of any such delay.

15. Publicity

15.1 The Supplier may refer to the Customer by name and may use any logo or trade mark only where the Customer has given prior written consent. A Consumer Learner may withdraw consent at any time by emailing [email protected] and the Supplier will stop using their name in future marketing within a reasonable period15.2 Neither party will use the other party’s name or marks, refer to or identify the other party for any other reason, except as established in this section, without such other party’s written approval. Any approval required under this Section shall not be unreasonably withheld or delayed by either party.

16. Assignment

16.1 The Supplier may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract. The Supplier shall have written agreement(s) with its subcontractors that contain, at a minimum, clauses that are the same as or comparable to the sections of this Agreement regarding ownership rights and confidentiality of Learner’s materials.

16.2 The Learner shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract.

17. Intellectual Property

17.1 All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any Learner Materials) shall be owned by the Supplier.

17.2 The Supplier grants to the Learner, or shall procure the direct grant to the Learner of, a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract, to copy the Materials (excluding materials provided by the Customer or the Learner) for the purpose of receiving and using the Services for the period of the Contract only.

17.3 The Customer shall not sub-license, assign or otherwise transfer the rights granted in clause 17.2.

17.4 Use of anonymised learner work as exemplars

17.4.1 From time to time, the Supplier may wish to use examples of learner work as teaching materials or for assessor standardisation and quality assurance. Any such use will be on an anonymised basis only. Before learner work is used in this way, all personal details, business names, logos and other identifying information will be removed so that individual learners and their employers cannot reasonably be identified.

17.4.2 By submitting work for assessment, the Learner retains ownership of the intellectual property in that work but grants the Supplier a non-exclusive, royalty-free licence to use anonymised copies of the work internally for teaching, standardisation and quality assurance purposes. The Supplier will not use learner work in a way that identifies the Learner, nor will it use learner work in external marketing or make it available for sale, unless further explicit consent has been obtained.

17.4.3 If a Learner does not wish their work to be used as anonymised exemplars, they may notify the Supplier in writing at any time, and the Supplier will not use that Learner’s work for these purposes. A Learner’s decision to refuse or withdraw this permission will not affect their assessment or relationship with the Supplier.

18. Law and Jurisdiction

18.1. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England.

18.2. The parties hereby irrevocably agree to submit to the exclusive jurisdiction of the Courts of England and Wales to settle any dispute or claim (including non-contractual disputes or claims) that arises out of or in connection within this Agreement or its subject matter or formation.

19. General Terms

19.1 Entire Agreement

The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

19.2 Acceptance of these Terms by booking and payment

19.2.1 The Customer confirms that, by submitting the Booking Form, ticking any acceptance box on the Supplier’s website, making any payment (including payment of a Booking Fee), requesting that the Supplier reserves a course date, or otherwise instructing the Supplier to commence, continue or provide access to any part of the Services or Materials, the Customer accepts and agrees to be bound by this Contract, whether or not the Customer signs a separate written copy of it. The Supplier’s acceptance of the booking and formation of the Contract may be evidenced by email confirmation, taking payment, or providing access to the Services or Materials, and no signature is required for the Contract to be binding.

19.2.2 Where the Services are purchased by a Business Customer on behalf of one or more Learners, the Business Customer warrants that it has authority to enter into this Contract and to bind itself to these Terms and Conditions.

19.2.3 If the Customer does not accept these Terms and Conditions, the Customer must not submit the Booking Form, tick acceptance, make payment, request a reservation, or access any Services or Materials.

19.2.4 By completing enrolment, accessing the Course, attending training, submitting work, or otherwise participating in the Services, the Learner agrees to be bound by those parts of this Contract that apply to Learners, whether or not the Learner is also the Customer and whether or not the Services were purchased by an employer, organisation or other third party on the Learner’s behalf.

19.3 Payment obligation where Services have started before payment

19.3.1 If the Customer has accepted this Contract under clause 19.2 and, at the Customer’s request or with the Customer’s permission, the Supplier has enrolled the Learner, granted access to any learning platform or Materials, booked any course date or assessment slot, registered the Learner with an awarding organisation, or provided any marking, feedback or tutor support before full payment has been received, the Charges remain due and payable in full in accordance with clause 5.

19.3.2 The Customer remains responsible for payment even if the Learner does not subsequently engage with or complete the Services, except where the Supplier agrees otherwise in writing or where the Customer has a legal right to a refund.

19.3.3 Nothing in this clause obliges the Supplier to start providing Services or granting access before payment and any such early access is at the Supplier’s discretion.

19.4 Waiver

A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

19.5 Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

19.6 Notices

Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office, or by email to [email protected]

A notice or other communication shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or, if sent by email, at 9.00 am on the next Business Day after transmission. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

19.7 Third party rights

Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.

CANCELLATION FORM

To cancel your agreement, you must send a recorded email to [email protected]

The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013

By ticking this agreement or purchasing, where you are a Consumer Learner you request that the Supplier begins supplying the Services during the 14-day cooling-off period. You acknowledge that if you cancel during the cooling-off period after the Services have started, you may have to pay a proportionate amount for Services supplied up to the date you notify cancellation. Where the Contract includes digital content, you consent to immediate supply and acknowledge that you will lose the right to cancel the digital content once supply has begun.

I hereby agree to the terms of this contract.