DEFINITIONS
“Agreement” means these terms and conditions and (depending on the type of Training Service) (i) the Booking Form, (ii) the Proposal or (iii) the Email.
“Training Services” means any service provided by Upskill Assessment and Training Ltd.
“Booking” means the booking request, via email, website, phone or booking form, to Upskill from the Client or Delegate.
“Charges” means the charges for the Training Services set out in the Booking Form, Proposal or Email. The charges are set in pound sterling.
“The Client” means the company, individual or other organisation identified in a Booking Form, Proposal, Quotation or Email.
“Clause” means a clause in these terms and conditions.
“Learner” means the member of the Clients staff or individuals who are to receive the Vocational Training Services as set out in the Booking Form, Proposal or Email.
“Proposal” means the proposal for Training Services accompanying these terms and conditions.
“The Assessor” means the person delivering and assessing the Vocational Training Service.
“Vocational Training” means the NVQ, Programme set out in the Booking Form, Proposal or Email.
“Booking Form” means the online or offline booking form to be completed by client or individual before an invoice can be issued.
GENERAL TERMS APPLICABLE TO ALL TRAINING SERVICES
Upskill Assessment and Training Ltd (the Company) shall provide Vocational Training and Assessment services.
1.2 Services in accordance with these terms and conditions. Quotations are made, and orders accepted subject to these terms.
1.3 The Client shall pay any Charges without deduction or set-off.
1.4 All CITB grant recoveries or receipts are the sole responsibility of the client and do not affect the Company’s invoice terms and conditions.
1.4 Sums due under this Agreement are exclusive of VAT which shall be payable by the Client.
1.5 In the event the Client fails to make payment in accordance with this Agreement; the company may:
1.5.1 Charge interest at the statutory interest rate specified in the Late Payment of Commercial Debt (Interest) Act 1998; and/or at a rate of 8%.
1.5.2 Suspend supply of the Assessment Services by notice in writing until such time that full payment is received (unless otherwise agreed).
1.5.3 Delay the release of certificates.
1.6 Unless otherwise agreed, quotations are valid for 14 days and are subject to change after that period.
1.7 Any additions or variations to these terms and conditions must be agreed in writing and authorised by a Director of the Company.
1.8 These terms apply to all orders, bookings, enquiries and quotations between the Company and the Client and are deemed to have been accepted once The Client confirms in writing that they wish to proceed.
VOCATIONAL TRAINING TERMS AND CONDITIONS
2. THE COMPANY’S RESPONSIBILITIES
2.1 The Company will be responsible for ensuring that the Learner has the requisite experience and qualifications necessary to complete the Vocational Training that they wish to undertake.
2.2 For applicable programmes, The Company will provide access to the E-Portfolio platform (via Dropbox and Zoom) on which the Learners programme will be available and where they will receive instructions, training, and feedback from the Assessor.
2.3 The Company will provide training to the Learner on how to use Dropbox, how to access their portfolio, submit work to be marked, communicate with their Assessor and index their evidence etc.
2.4 Results will be communicated to the awarding body, and the Company will administer and award the Certificate to those Learners that have completed the Vocational Training and who have paid all costs associated with the provision of the Vocational Training Services.
3. THE CLIENTS RESPONSIBILITIES
3.1 Following written confirmation by the Client that they wish to proceed with the Vocational Training, the Client enters into a contract with the Company for the provision of Assessment and/or Vocational Training.
3.2 The Client will provide all information and cooperation that may be necessary for the Company to provide the Vocational Training, which might include reasonable access to the Learners site/place of work/documentation required to allow assessments. .
3.3 The Client agrees to pay the Company’s invoices in accordance with the agreed terms and conditions, payment by BACS, credit or debit card and company cheque accepted.
4. VOCATIONAL TRAINING PAYMENT TERMS
4.1 The Charges for the Vocational Training, which are subject to a Booking Form, Proposal or Email, are due for payment before the Vocational Training starts and the Learner is inducted onto the NVQ. Payment must be made in accordance with the invoice issued.
5. CANCELLATION
5.1 Your statutory rights allow you 14 days from the date of receipt of invoice and booking confirmation in which to make a written request for cancellation. If a written request for cancellation is received and any payment has been made, the Client will receive a refund less any reasonable costs of expenses.
5.2 If the Client wishes to cancel after the Vocational Training has started but with less than 50% of the programme complete, the Company, at its absolute discretion, will refund up to 50% of the agreed charges to the Client. If more than 50% of the programme has been completed, no refund will be issued.
5.3 The Company reserves the right to cancel the Vocational Training in the event that a Learner becomes disengaged.
5.3.1 The Company will write or email to the Learner requesting an update if no progress has been made after 12 weeks.
5.3.2 The Learner will be given a further 12 weeks to re-engage with the Vocational Training or provide an adequate explanation for the cessation in progress.
5.3.3 If no feedback is received during this 12-week re-engagement period, the Learner will be notified that their Training has been stopped, no refund will be given, and they will have to re-book on a new Vocational Training course if they wish to re-commence their Vocational Training.
OTHER GENERAL TERM
6. LIABILITY AND ITS EXCLUSION AND LIMITATION
6.1 Except in respect of death or personal injury caused by the Company’s negligence, or as expressly Provided in these Conditions, the Company shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of the Contract for any loss of profit or any indirect, special or consequential loss, damage, costs expenses or other claims (whether caused by the negligence of the Company its servants or agents or otherwise) which arise out of or in connection with the provision of the Training Services and the entire liability of the Company under or in connection with the Contract shall not exceed the amount of the Company’s charges for the provision of the Training Services except as expressly provided in these terms.
6.2 The Company shall not be liable to the Client or be deemed in breach of contract by reason of any delay or failure to perform any of the Company’s obligations in relation to the Training Service if this was due to any cause beyond the Company’s reasonable control.
6.3 The Company will be responsible for ensuring that the trainer is provided with a solid and reliable internet connection for the delivery of online, public, scheduled courses and assessments.
6.4 The Client is responsible for ensuring that they have a reliable and stable internet connection for the duration of any online training service that they have purchased.
7. INSURANCE
16.1 The Company’s holds public liability insurance of £10,000,000 and professional indemnity insurance of £5,000,000, details of which will be provided on request.
8. ADVERTISING
8.1 The Company may refer to a Clients contract within any proposal to further Clients, provided only fundamental facts are divulged and not proprietary and confidential information.
8.2 The Company may store the names of the Delegates for the purpose of delivering the service and advising them of the availability of courses in the future.
8.3 No offer or discount can be used in conjunction with another offer or discount unless agreed in writing by a Director of the Company.
9. DATA PROTECTION
9.1 The Client shall ensure that it has in place all necessary consents in connection with Personal Data to allow the Company at all times to perform the Training Services without infringing any third-party rights.
9.2 The Company warrants to the Client that it will only use the Personal data for the purposes of carrying out its obligations hereunder and that it will ensure that all reasonable and appropriate security measures are in place to protect the Personal Data. Furthermore, the Company will destroy the Personal Data upon written demands from the Client where possible, and further, that it has in all respects complied with its obligations under the Data Protection Act 2018 and any amendments to or re-enactments thereof.
18.3 The Company is a registered organisation with the Information Commissioners Office and holds a data protection certificate.
10. INTELLECTUAL PROPERTY
10.1 All intellectual property rights for all course material shall remain the property of the Company. No part of the training material may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means electronic, mechanical, photocopying, or otherwise, without prior permission in writing of the Company or the copyright owner.
11. HEALTH AND SAFETY
11.1 During the provision of the assessment Services, all parties shall comply with all applicable health and safety legislation and codes of practice.
11.2 In the event that the assessment Services are provided at the Clients premises, the Client will ensure:
- That the Company’s employees, servants or agents are safe at all times and all known risks must be clearly identified by the Client.
- That all relevant insurance policies are in place for the Clients site or offices, and copies are available if requested by the Company.
12. TERMINATION
12.1 Either party may terminate this Agreement by written notice:
- If the other party makes any voluntary arrangement with its creditors or enters into administration (whether or not pursuant to a court order) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation or is deemed under Section123 of the Insolvency Act 1986 to be unable to pay its debts or is dissolved and/or
- If the other party fails to remedy a material breach of the Agreement within 30 days of written notice identifying the breach and notifying of an intention to terminate; and/or
- If an encumbrancer takes possession, or a received or administrative received is appointed, of any of the property or assets of the party; and/or
- The other party threatens to cease to carry on business.
13. ASSIGNMENT
13.1 This Agreement is personal to the Client and may not be assigned by the Client in whole or in part.
14. FORCE MAJEURE
14.1 Neither party shall be responsible for any failure or delay in performance of its obligations under this Agreement (other than the obligation to make payments of money) due to any force majeure event including, Act of God, refusal of license (other than as a result of any act or omission of The Company) or other Government act, fire explosion, embargo, terrorism, civil disturbance, accident, epidemics, lightning damage, electromagnetic interference, radio interference, strikes industrial dispute, or any other cause beyond its reasonable control.
15. NON-SOLICITATION
15.1 The Client shall not, during the term of this Agreement and for six months thereafter, entice or solicit for employment with it, or any other entity, any Trainer or Employee who has been engaged to provide the Training Services.
16. ENTIRE AGREEMENT
16.1 This Agreement sets out the entire agreement between the parties in relation to the subject matter hereof and supersedes all previous arrangements, agreements and representations whether written, oral or implied between the Client and the Company relating to the Training Services.
17. AGREEMENT AMENDMENTS
17.1 Any amendments to this Agreement shall be in writing.
27. EFFECTIVENESS
17.1 This Agreement shall be effective upon signature by the parties or by requesting training services from the Company.
18. THIRD PARTIES
18.1 Third parties have no rights under the Contracts (Rights of Third Parties) Act 1999, or any amendment to, or re-enactment of it, to enforce any provision of this Agreement.
19. LAW
19.1 This Agreement shall be construed in accordance with English law, and the English courts shall have sole jurisdiction.
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