Terms & Conditions
CASL Management Development Limited (“CASL”)
Standard Terms and Conditions for provision of Construction and Management NVQ Assessments (“Terms & Conditions”)
Please read these Terms and Conditions carefully. They apply to you whether you are an organisation, company, entity or body acting on behalf of an individual who is seeking to undergo the NVQ Assessment Process (as defined below) or if you are an individual who is seeking to undergo the Assessment Process personally.
CASL is an approved assessment centre for Construction and Management NVQs at Levels 3, 4, 5, 6 and 7 with the Joint Awarding Bodies of Pearson (Edexcel) and Scottish Qualifications Authority (“SQA”), the Chartered Institute of Building (“CIOB”) and the Institution of Civil Engineers (“ICE”).
- “Assessor” – such person or organisation who has been approved by the Provider to monitor and evaluate the Candidate through the NVQ Assessment Process;
- “Assessment Process” – the assessment and qualification of the Candidate based on standards of performance and results achieved by the Candidate;
- “Candidate” – the person undertaking the NVQ Assessment Process;
- “Candidate Profiling Form” – the CASL form that documents the Candidate’s initial skill assessment;
- “Client” – an individual Candidate or an organisation, entity, company or body acting on behalf of an individual, as the context may allow, in respect of the purchase of the Service;
- “Conditions” – these conditions together with any amendments agreed in writing by an authorised officer or agent of the Provider but excluding any other terms purported to be included by the Client, whether by way of their order or otherwise;
- “Contract” – the contract for provision of the Service made between the Provider and the Client;
- “Fee” – the fees, exclusive of VAT, payable by the Candidate, or the Client on behalf of the Candidate, for the NVQ assessment as specified in the CASL Enquiry Pack;
- “Master Documents” – the course materials specific to the NVQ to be undertaken by the Candidate and required by the Candidate to complete the NVQ Assessment Process;
- “NVQ” – National Vocational Qualification;
- “NVQ Assessment” – the duration of the Assessment Process up to and including the Candidate reaching the appropriate level of competence;
- “Provider’s Products” – the Master Documents, information, documentation, software or data provided to the Candidate or to the Client on the Candidate’s behalf;
- “Provider” – CASL Management Development Limited (Company number: 06044332) whose registered office is at Singleton Court Business Park, Wonastow Road, Monmouth, NP25 5JA;
- “Registration Form” – Document to capture pertinent Candidate data for the purposes of registration
- “Services” – the provision Master Documents, assessment of the Candidate by an Assessor, and the provision of Support;
- “Support” – the provision of the Support as set out in condition 9.
- “Enquiry Pack” – CASL document providing a guide to NVQ’s and to gaining an NVQ qualification with CASL that is emailed to Candidates or Clients upon enquiry about an NVQ
- These Conditions shall apply to all contracts for the provision of the Service by the Provider and shall bind the Client to the exclusion of all other terms and conditions including any terms or conditions which the Client may purport to apply under order confirmation of order for the Service or similar document.
- All orders for the Service shall be deemed to be an offer by the Client for the Provider to provide the Service pursuant to these Conditions.
- Acceptance of the provision of the Service shall be deemed conclusive evidence of the Client’s acceptance of these Conditions.
- Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by an authorised representative of the Provider.
- The Contract shall be between the Client and the Provider.
- The Contract shall consist of the “Fees & Services” section (pages 8 and 9) of the Enquiry Pack alongside these T&Cs. The Client should (where appropriate) retain each element of the Contract.
Provision of the Service and Provider’s Obligations
- The Provider agrees to provide the Service, subject to these Conditions, to the Client for the purposes of supporting the Candidate throughout the Assessment Process.
- The date for provision of the Service shall be an estimate only and shall not be of the essence. The failure of the Provider to provide all or part of the Service on the due dates shall not entitle the Client to treat the Contract as repudiated.
- The number of assessment meetings carried out by the Assessor shall be limited to four (4), but additional assessment meetings may be arranged, if deemed necessary by the Assessor, with the agreement of the Provider. The dates of the assessment meeting shall be agreed between the Candidate and the Assessor, and the failure of an assessment meeting taking place shall not affect the validity of the Contract.
- The Assessment Process is an ongoing process and the Provider may provide the Service in separate stages and such stages shall be dependant on the progress of the Candidate undertaking the Assessment Process.
- The failure of the Provider to provide or complete any one or more of the said stages of the Service on any due dates shall not entitle the Client to treat the Contract as repudiated.
- Notwithstanding that the Provider may have delayed or failed to provide the Service (or any part of it) promptly the Client shall be bound to accept performance and to pay for the Service in full.
- The Provider shall, on the successful Registration of the Candidate:
- provide to the Candidate, or to the Client on the Candidate’s behalf, the Master Documents for the relevant QCF NVQ identified as the relevant QCF NVQ for the Candidate from the Candidate’s Profiling and Registration Form;
- arrange the initial workshop meeting between the Candidate and the Assessor where the standards and NVQ Assessment Process are set out to the Candidate which are required for the Candidate to achieve the relevant competence level;
- allocate an Assessor to the Candidate to assist in the Candidate’s assessment and qualification through the Assessment Process; and
- provide ongoing on-line or telephone support as specified in Condition 9 below.
- The Client agrees and accepts that:
- they are responsible for the accuracy of the Candidate’s information provided in the Candidate Profiling and Registration Form and that such information provided is complete, correct and accurate in all material respects;
- that the information provided by the Candidate, or by the Client on the Candidate’s behalf, is used by the Provider and/or Assessor for the purposes of assessing the Candidate’s suitability for the NVQ to be undertaken;
- the Provider and/or Assessor may be required to contact the Candidate’s employer during the NVQ Assessment for the purposes of the Assessment Process;
- the Provider is not responsible for the operation, monitoring, passing, failing, accreditation or certification of any NVQ course nor is the Provider responsible for the comments or guidance of each individual Assessor; and
- the Provider has the right to allocate an alternative Assessor to the Candidate at any time during the Contract.
- The Provider may from time to time make changes in the specification of the Service which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality of the Service or where the Provider determines that an alternative Service of equal value and quality should be supplied.
- The Client agrees and accepts that:
Price and Payment
- The Fee for the Service shall be the Fee specified in the “Fee & Services” section of the Enquiry Pack (pages 8 and 9) identifying the relevant NVQ assessment for the Candidate. On receipt of the Registration Form signed by the Candidate, or by the Client on the Candidate’s behalf, an invoice for the Fee shall be submitted to the Client in writing, (which shall include facsimile and electronic mail).
- Where the fee is payable in full by the Client or Company, it shall be payable by the Client or Company within thirty (30) days from the date of the invoice and unless otherwise agreed in writing by the Provider, shall be payable in full. Where the Candidate will pay for the NVQ themselves, £600 is payable upon registration with the balance of the fee payable within 30 days of receipt of the invoice.
- Interest on overdue monies shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of two per cent (2%) above the Bank of England base rate from time to time in force and shall accrue at such rate after as well as before any judgment.
- The Provider reserves the right to reclaim any costs, without limitation including legal costs and costs incurred by Provider or its agents, in the recovery of an unpaid Fee, or part of, due to the Provider under these Conditions.
- The Provider may, by giving notice to the Client at any time up to seven (7) days before performance, increase the Fee of the Service to reflect any increase in the cost to the Provider to provide the Service which is due to factors occurring after the making of the Contract which are beyond the reasonable control of the Provider (including, without limitation, taxes and duties, and costs of materials). The continued acceptance of the Service by the Client after receipt of this notice will be deemed acceptance of any such increases.
- The Client acknowledges that all copyright and other intellectual property rights in the Providers Products are and shall remain the property of the Provider or the property of the Provider’s licensors, and the Client shall not by the virtue of these Conditions obtain or claim any right, title or interest in or to such copyright or intellectual property rights except the limited rights of use granted under these Terms. All rights not expressly granted under these Conditions are reserved.
- The Provider grants to the Client a non-transferable, non-exclusive licence to use the Providers Products under this Contract.
- The non-exclusive licence shall terminate upon the termination of this Contract for whatever reason.
- The Client warrants that the Client and the Candidate shall only use the Providers Products for the Candidate’s own personal educational purposes in connection with the relevant NVQ Assessment and shall not, without the prior written consent of the Provider, make available, reproduce, copy, sell, retransmit, disseminate, licence, distribute, publish, broadcast or otherwise circulate the Providers Products (or any part of them) to any person or organisation other than in accordance with this Contract.
- The Client shall fully indemnify the Provider in respect of any infringement of any intellectual property rights arising as a result of their use of the Provider’s Products in breach of this Contract.
Limitation of Liability
This condition 8 sets out the entire financial liability of the Provider (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of:
- any breach of the Contract;
- any use made by the Client or the Candidate of the Service or any part of it; and
- any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
- All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
Nothing in these Terms limits or excludes the liability of the Provider:
- for death or personal injury resulting from negligence; or
- for any damage or liability incurred by the Client or the Candidate as a result of fraud or fraudulent misrepresentation by the Provider.
Subject to condition 8.2 and condition 8.3:
the Provider shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for:
- loss of profits;
- loss of business;
- depletion of goodwill and/or similar losses;
- loss of corruption of data or information;
- loss of contract;
- loss of use; or
- any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
- the Provider’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the Fee paid for the Service.
- the Provider shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for:
- This condition 8 sets out the entire financial liability of the Provider (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of:
The Provider will provide the Candidate with ongoing Support and advice throughout the Assessment Process and the duration of the Contract. The Support provided shall be limited to:
- online support via electronic communication;
- telephone support provided by the Assessor and/or the Provider;.
- an assessment meeting(s) as detailed in 4.3; and,
- an initial workshop meeting as detailed in 4.7.2
- The Provider will use reasonable skill and care in providing any Support to the Candidate and will use its reasonable endeavours to ensure that the Support is available to the Candidate when required.
The Client/Candidate acknowledges and accepts:
- that periods of downtime may be required in respect of the online support provided to the Candidate and the online Support may not be available during these periods; and
- the telephone Support shall be available only during normal business hours, which shall be for the avoidance of doubt, 9.00am to 5.00pm Monday to Friday, excluding bank holidays, but the Provider and/or the Assessor will endeavour to provide Support to the Candidate promptly.
- The Provider does not accept any liability to the Client or the Candidate for any delay in providing the Support to the Candidate. The Provider cannot guarantee uninterrupted availability of the Support, and the Provider excludes all other warranties, express or implied, as to the performance of the Support, except as expressly stated in the Conditions.
- The Provider cannot guarantee that the Support provided by the Assessor or by a representative of the Provider will resolve the issues that the Candidate is experiencing.
- The Provider will provide the Candidate with ongoing Support and advice throughout the Assessment Process and the duration of the Contract. The Support provided shall be limited to:
- Customer Care/Complaints