Terms and Conditions – Group Learners

1. By becoming a client of Educating UK Ltd you enter into a contract by which you:

1.1. Confirm that your employees are willing to fully participate in an Educating UK qualification.

1.2 Agree to pay the relevant fees for the confirmed number of learners attending a qualification.

1.3 Agree to ensure your employees are aware of the Educating UK policy on plagiarism and that they must not plagerise the work of any others by means of deception. If your employee or employees are believed to have plagiarised by an Educating UK Tutor or it has been proven that plagerism has taken place, Educating UK Ltd reserve the right to withdraw your employee/s from the qualification. No refunds will be made for any qualification fee or installment fee(s) paid.

1.4 Agree your employes are willing to take full responsibility for their actions and opinions.

1.5 Confirm that your employees have, or are willing to secure access to, relevant materials where the qualification necessitates this.

2. We reserve the right to refuse clients for any reason.

3. Face-to-face qualifications run when a certain number of employees from one organisation request delivery sessions. Courses will run with a minimum number of participants agreed by Educating UK, at an agreed date and time agreed between Educating UK and you, the client. Should a qualification be cancelled because of shortage of participants your employees will be offered a place on an alternative qualification or a full refund of fees paid.

3.1 Face- to face qualifications are booked with a certain number of learners’ confirmed by an employer. If the confirmed number of learners do no attend the course, the fee for the confirmed number of learners must be paid.

3.2 Your employee or employees will receive feedback on any assessment within 72 hours of submitting their work. Weekends and holiday shut down are exempt from this time frame.

4. All qualifications must be completed within one year of the start date unless otherwise stated. If a qualification is not completed within this time period, the registration and certification fee for the qualification from the awarding organsiation (TQUK) will be payable by your organisation/ you on behalf of your employee or employees.

4.1 The majority of Educating UK qualifications are offered online, via distance learning. If a qualification involves face to face delivery, a tutor or member of Educating UK Ltd staff undertaking a visit to meet with your employee or employees to undertake a session, such as a 1-2-1, observation, meeting or delivery session, your organisation will be charged travel costs for trains, taxis, buses, planes or mileage at 40p per mile. Your organisation will also be charged £30 per hour for the time the tutor would have spent with you up to a maximum of £150 per day.

4.2 if you have agreed for your employees to undertake their qualifications online, via distance learning and then require tutorials, any tutorials/ phone calls or skype sessions will be charged extra from the qualification fee, at a price of £30 per hour. This fee must be paid prior to any tutorials/phone calls or skype sessions being undertaken.

5. Extension beyond the stated limits for a qualification is at the discretion of Educating UK Ltd.

6. Enrolments on any qualification are also subject to regulations determined by the awarding organisation (TQUK) and will include but are not limited to procedures for admissions and deferrals.

7. If you are enrolling employees or an employee onto a qualification that involves working with vulnerable clients or clients under the age of 18 you must further confirm that your employee or employees:

8.1 Have legitimate and legal access to work with those clients and that they have sought the permission of any relevant head of establishment to work with those clients;

8.2 Have no undeclared offences that might put the clients at risk;

8.3 Will not work with any client, either individually or in a group, without gaining informed consent from the client or, in case of children, their parents or legal guardians.

9. Payment of the requisite fee (as detailed below) is an offer by your organisation to enter into a binding contract with Educating UK, which we are free to accept or decline at our absolute discretion.

10. We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the Contract between your organisation and Educating UK. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure your organisation asks for any variations from these Terms and Conditions to be confirmed in writing.

11. We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to our Terms and Conditions (including policies and procedures) in force at the time that you enroll your employee or employees onto a qualification with Educating UK, unless any change to those policies or these Terms and Conditions is required by law or government or regulatory authority in which case the same will apply to courses your employee or employees have enrolled on or started.

12. If your organisation, employees or employee do not provide Educating UK with the requisite information, or provide us with incomplete, incorrect or inaccurate information or instructions, we may make an additional administration charge of a reasonable sum to cover any extra work that is required or choose to cancel this contract.

12.1 Failure to complete and return any relevant documents/ forms requested on enrolment/ induction may result in the start date for a qualification being delayed.

12.2 Failure to complete and return any relevant documents/ forms may lead to your employee or employees being withdrawn from an Educating UK Ltd qualification.

APPLICATION, ENROLMENT AND PAYMENT

13. Booking implies a commitment to pay the qualification fees, subject to the eligibility of employees or employee for the qualification booked.

14. Deposits, where payable are non-refundable.

15. If a qualification requires a learner to have a particular qualification, your employees or employee must confirm that they hold that qualification when enrolling.

16. The balance of qualification fees (i.e. the total fee(s) less any deposit previously paid) is due no later than 30 days before the qualification starts or immediately if the qualification is due to start less than 30 days after booking. If an invoice is sent, it must be paid within 30 days of the date of the invoice.

Installment payments may be made if agreed with the Director of Educating UK. The first installment payment must be £200. Remaining installment fees will be agreed between the Educating UK director and you.

Qualification certificates issued by the awarding organisation will not be sent to your employees until the final payment for the qualification fee has been paid. This may be the full fee or installment fee. Educating UK reserve the right to hold all certificates until the full qualification fee has been paid.

17. All qualification bookings are subject to availability. We reserve the right to keep a booking on hold until the start date of the relevant qualification.

18. Qualifications will be deemed to have started as soon as the Enrolment Form is completed and sent to Educating UK or attend the first event, whichever is first.

19. Bookings made requesting accreditation of prior learning are accepted as provisional and are subject to checking of the value of credits for transfer in line with the Educating UK RPL/Credit Transfer Policy. Once accreditation of prior learning has been granted all terms and conditions shall apply. Where an application for accreditation of prior learning is not granted the option to withdraw will be allowed without payment of fees as long as your employees or employee have not provided false or misleading information; otherwise administrative charges will be made. Our decision on this matter will be final.

20. If you, your employees or employee are unavailable when qualification materials are delivered to the address provided by you and they are not collected from the local depot any additional distribution fee may be charged if we are required to take receipt of, collect and/ or redeliver the materials.

21. Our stated qualification fees include any delivery charges we incur to send course materials to a UK mainland address other than as stated in these Terms. Please note if course materials have to be delivered to a non UK address, your organisation accept liability for the delivery charge we will incur. You or your employ may be asked to pay for the Certification fee from our awarding organisation before a certificate is released. This fee will be the fee set by our awarding organisation.

22. Clients are liable for any bank charges incurred in payment of fees.

23. Payments made by credit card or debit card may be subject to a 3% charge.

24. Unless stated otherwise fees levied by professional organisations for registration are payable by the client.

25. International students might be required to demonstrate equivalence of existing qualifications and if so an additional fee will be payable.

26. We reserve the right to change payment of the enrolment fees without notice. This will not affect those who have already booked on the course at an agreed rate.

LATE PAYMENTS

27. Where payments are made by agreed instalments and those instalments have not been paid on the due date, we reserve the right to withhold the release of results or delay the marking of work or release the qualification certificates until any outstanding fees are paid. We reserve the right to suspend access to online accounts and/or treat the qualification as being cancelled and offer the place to another learner. No refund of any course fees paid by you will be made. We also reserve the right to charge interest on late payments at a rate of 4% above the base rate from time to time of HSBC Bank (or other UK clearing bank) as may be notified to you accruing on a daily basis until payment is made. If you are a business, we additionally reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

CHANGES AND CANCELLATIONS BY YOUR ORGANIATION, EMPLOYEES OR EMPLOYEE

Cancellation under the Distance Selling Regulations within 7 days of booking

28. If you are a consumer and make a booking via our website or by telephone, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) (‘Distance Selling Regulations’). Your legal right to cancel a Contract starts from the date when a booking is made – which is when the Contract between us is formed. You have a period of 7 (seven) working days in which you may cancel the booking, starting from the day after the day when the booking is made. Working days means that Saturdays, Sundays or public holidays are not included in this period. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to enroll your employees or employee on a qualification, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.

29. If your organisation exercise its legal right to cancel under the Distance Selling Regulations, you will receive a full refund of the price paid when booking and any applicable delivery charges paid for. We will process the refund due as soon as possible and, in any case, within 30 calendar days of the day on which notice of cancellation was given to Educating UK.

30. If the qualification is due to start within 7 (seven) working days of when a booking is made, your legal right to cancel under the Distance Selling Regulations will not apply.

31. If, after the 7 day period referred to above has elapsed, but your qualification has not started, you decide to cancel you will be liable for any charges incurred on your behalf (e.g. hotel reservations; tutor engagement; university costs) plus an administrative fee to cover the amount of work undertaken on your behalf, subject to a minimum administrative charge of £150.

32. If at this point your organisation have paid the fees, a refund of the difference between fees paid and the charges above will be made within 30 days.

33. If at this point the qualification fee has not been paid, a new invoice outlining these charges will be issued, payable within 30 days.

Cancellations after starting a qualification

34. Refunds will not be payable after a qualification has started.

CHANGES AND CANCELLATIONS BY US

35. If circumstances arise that are beyond our control, it may be necessary from time to time to change/cancel qualifications dates, content, venues and prices from those published. Whilst we will make every effort to transfer your booking to the next available qualification at your preferred venue, it should be noted that we will not be held liable for any costs/losses incurred as a result of any such changes. If we are no longer able to provide the qualification, we will ask your employees or employee to return any qualification materials to us (at our expense) in the condition as originally delivered to them and refund any fees paid to date when we receive the materials as required.

36. We reserve the right to remove from any qualification learners that fail to comply with its standard practices and procedures. We reserve the right to refuse enrolments and/or suggest alternative arrangements if we believe that it will not be in our best interests of other participants and/or the individual concerned to be enrolled on one of our courses.

37. In line with Educating UK’s Maladministration and Malpractice Policy, any learner suspected or found to have plagiarised their evidence for any Educating UK qualification may be removed from an Educating UK qualification. No refund for the qualification fee or any installments paid will be made to a learner in cases of suspected or proven malpractice. This is in line with Educating UK Maladministration and Malpractice Policy. In enrolling onto an Educating UK qualification, an employer, employee or learner is agreeing to these terms.

PERSONAL INFORMATION

38. Clients of Educating UK Ltd must provide an accurate and complete name, postal address, and contact telephone number, date of birth and e-mail address. We may refuse or cancel enrolment if your employees or employee do not supply these. Their details will not be used for any purpose other than the efficient and effective running of Educating UK Ltd.

39. The majority of correspondence with and from Educating UK Ltd is conducted electronically using e-mail and web-based protocols. Your organisation, employees and employee details will be added automatically to our database. Their details will not be passed to any third party without permission, unless requested by law or a similar authority.

40. Where qualification fees are paid by an employer or other third party your organisation gives us consent to share information about your employees or employee progress and engagement on that course with that third party.

Educating UK adheres to the Data Protection Act.

41. Educating UK Ltd may contact your organisation, employees or employee from time to time with products or information in which might be of interest. If they no longer wish to receive this information please contact us.

LIABILITY AND CONTRACTUAL OBLIGATIONS

42. No other statements in the training materials, on the website or e-mail correspondence may be taken to imply any contractual obligation by Educating UK Ltd.

43. Any liability will be limited to the payment of the enrolment fee paid, except in the event of personal injury or death at an event organised by Educating UK Ltd.

44. Information, whether on the web or in any other form, is provided for the use of clients and others at their own discretion. No liability will be accepted for the accuracy of any information or the consequences of its use by clients or others.

45. Depending on the qualification purchased, Educating UK Ltd agrees to provide its clients with some or all of the following:

45.1 Relevant qualification material.

45.2 Access to the Educating UK Ltd online platform.

45.3 An assessment methodology suitable for the qualification.

45.4 A non-transferable license to use all relevant materials and web based services.

46. Educating UK Ltd is a company registered in England, number 9436727.

The administration address is 11 Penda Drive, Kirkby, Merseyside L33 4ES. Educating UK Ltd reserves the right to terminate any enrolment if it suspects that any part of these terms and conditions have been broken.

End User Licence Agreement (EULA) WEB-BASED COMMUNICATION & CODE OF CONDUCT

1. As a client of Educating UK Ltd, your organisation, employees or employee are solely responsible for their own communications and are responsible for the consequences of them. They are also solely responsible for maintaining the confidentiality of their username, password and e-mail address and all activities that are conducted through their account.

2. Clients will normally be provided with a username and password to access non-public parts of the website. Your employees or employee must not share their username with anyone else. IP addresses are monitored and any accounts suspected of being shared will be barred.

3. In consideration of being allowed to use the materials (including the web site) provided by Educating UK Ltd, your organisation, employees or employee agree that they will abide by these terms and conditions and in general will not:

3.1 Harass any other qualification member or member of staff.

3.2 Use the forum for any purpose in violation of local or national laws of any country.

3.3 Post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.

3.4 Post material that is abusive, defamatory, embarrassing, harassing, hateful, inflammatory, obscene or threatening to any other member or member of staff.

3.5 Post sexually explicit language or images.

3.6 Post advertisements or solicitations of business.

3.7 Post chain letters or pyramid schemes. 3.8 Impersonate another delegate or member of staff.

3.9 Express or imply that Educating UK Ltd website or its owner endorses any statements your organisation, employees or employee make, without our specific written consent.

3.10 Collect or store personal information about other clients without their personal consent.

3.11 Conduct any other activity that we consider is detrimental to the running of Educating UK Ltd.

3.12 Plagiarise the work of others or in any way try to pass themselves off as competent by means of deception.

4. Any correspondence, whether on the web site or not, written in any language other than English may be edited or deleted.

5. Any conduct that in our opinion restricts or inhibits the use of the website by any other subscriber will not be tolerated. We reserve the right to pursue any and all legal and equitable remedies against your organisation, employees or employee, including the posting of their address and the reporting of their activity to their Internet Service Provider (ISP), and other authorities.

6. Any material in any correspondence that we determine to be contrary to our terms and unsuitable for our forum will be edited or deleted.

7. Our decision on these matters is final.

COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS

8. The qualification materials and contents of the website are copyright. This includes all content unless otherwise noted. The contents may not be copied and republished in any format, whole or in part. This includes (for example, but not limited to) copying text, copying pictures or video, copying images for use in brochures, websites or any other medium, copying review content (narrative, video or pictures), copying backgrounds and borders, or any other content.

9. All material are the intellectual property of Educating UK Ltd (or the suppliers of the information where this is explicitly stated). Material is made available purely for the benefit of Educating UK Ltd. Corporate and individual clients for their own personal use. It is not available for commercial use with other organisations.

10. During use of the Educating UK website, we gather ‘industry standard’ data which includes:  logged ID, IP and browser details etc. Our server maintains a log of access. General data collected may be used or shared in an ‘aggregate’ manner, for example, to demonstrate how many hits we have, what countries people are accessing the site from, what browsers people are using, what parts of the site are visited and so on. We never share any information specific to a particular identifiable user unless requested by law or a similar authority, or an ISP or network administrator investigating abuse of our site.

11. If clients personally make their contact details available to other clients, this is to enable networking and sharing of information between them. Under no circumstances are they to be used by clients or their associates, or made available by clients/associates to third parties, for mailing lists or other commercial purposes.

12. Information on the web is made available to clients and cannot therefore be regarded as confidential. Clients undertake that all information they provide for the web is free from copyright, confidentiality or other restrictions that would prevent its publication on our website.

13. By becoming a client your organisation, employees or employee grant to Educating UK Ltd a perpetual license to display, reproduce or use your organisation’s website postings on the Educating UK Ltd site. Your organisation also grant to Educating UK Ltd a perpetual license to use their postings either in the original form or modified and on any other media for the purpose of promotion of Educating UK Ltd.

14. You may terminate your employees or employee enrolment at any time by notifying Educating UK Ltd. On termination, Educating UK Ltd will deactivate all passwords.

COMPLAINTS

15. If you have a complaint about any products or services provided by Educating UK Ltd please contact us via the website or telephone 07816404761. One of our managers will contact you within 3 working days (excepting periods of closure, such as Christmas).

16. The manager will investigate your complaint and aim to provide a satisfactory way forward within a further 10 working days, subject to the limits outlined in these terms and conditions.

RIGHTS AND RESPONSIBILITIES OF Educating UK Ltd

17. Educating UK Ltd accepts no responsibility for the content of our site, which is provided ‘as is’, and with no warranty express or implied. Reviews and all our other content are offered as our opinion only.

18. We understand that as a client of Educating UK Ltd your organisation, employees or employee expect the website to be on-line and available at all times. However, we can make no guarantees as to the ‘up time’ of the site as this is beyond our control. For example, routing, server, Internet, hardware and software problems completely beyond our control may occur. We host with a commercial company that guarantees (to us) 99.9%+ up time in order to minimise down time but accept no responsibility if the site goes off-line and it is not our fault.

On payment of the qualification fee, or first installment fee, you are agreeing to these Terms and Conditions.