CASL Management Development Limited (“CASL”) Standard Terms and Conditions for provision of Construction and Management NVQ Assessments (“Terms & Conditions”) CLIENTS 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 Learner through the NVQ Assessment Process; “Assessment Process” the assessment and qualification of the Learner based on standards of performance and results achieved by the Learner; “Learner” the person undertaking the NVQ Assessment Process;
“Learner Profiling Form” the CASL form that documents the Learner’s initial skill assessment;
“Client” an individual Learner 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 Learner, or the Client on behalf of the Learner, 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 Learner and required by the Learner to complete the NVQ Assessment Process; “NVQ” National Vocational Qualification; “NVQ Assessment” the duration of the Assessment Process up to and including the Learner reaching the appropriate level of competence; “Provider’s Products” the Master Documents, information, documentation, software or data provided to the Learner or to the Client on the Learner’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 Learner data for the purposes of registration “Services” the provision of Master Documents, assessment of the Learner 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 Learners or Clients upon enquiry about an NVQ 2. Interpretation 2.1 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.
2.2 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. 2.3 Acceptance of the provision of the Service shall be deemed conclusive evidence of the Client’s acceptance of these Conditions. 2.4 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.
3. The Contract 3.1 The Contract shall be between the Client and the Provider.
3.2 The Contract shall consist of the “Fees & Services”section (page 7) of the Enquiry Pack alongside these T&Cs. The Client should (where appropriate) retain each element of the Contract.
4. Provision of the Service and Provider’s Obligations 4.1 The Provider agrees to provide the Service, subject to these Conditions, to the Client for the purposes of supporting the Learner throughout the Assessment Process. 4.2 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. 4.3 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 Learner and the Assessor, and the failure of an assessment meeting taking place shall not affect the validity of the Contract. 4.4 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 Learner undertaking the Assessment Process. 4.5 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. 4.6 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. 4.7 The Provider shall, on the successful Registration of the Learner: 4.7.1 provide to the Learner, or to the Client on the Learner’s behalf, the Master Documents for the relevant NVQ identified as the relevant NVQ for the Learner from the Learner’s Profiling and Registration Form; 4.7.2 allocate an Assessor to the Learner to assist in the Learner’s assessment and qualification through the Assessment Process; 4.7.3 arrange the induction between the Learner and the Assessor where the standards and NVQ Assessment Process are outlined to the Learner deemed necessary for the Learner to achieve the relevant competence level; and 4.7.4 provide ongoing on-line or telephone support as specified in Condition 9 below. 5. Client’s Obligations 5.1 The Client agrees and accepts that: 5.1.1 they are responsible for the accuracy of the Learner’s information provided in the Learner Profiling and Registration Form and that such information provided is complete, correct and accurate in all material respects; 5.1.2 that the information provided by the Learner, or by the Client on the Learner’s behalf, is used by the Provider and/or Assessor for the purposes of assessing the Learner’s suitability for the NVQ to be undertaken; 5.1.3 the Provider and/or Assessor may be required to contact the Learner’s employer during the NVQ Assessment for the purposes of the Assessment Process; 5.1.4 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 5.1.5 the Provider has the right to allocate an alternative Assessor to the Learner at any time during the Contract. 5.2 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. 6. Price and Payment 6.1 The Fee for the Service shall be the Fee specified in the “Fee & Services” section of the Enquiry Pack (page 7) identifying the relevant NVQ assessment for the Learner. On receipt of the Registration Form signed by the Learner, or by the Client on the Learner’s behalf, an invoice for the Fee shall be submitted to the Client in writing, (which shall include facsimile and electronic mail). 6.2 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 Learner 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. 6.3 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 judgement. 6.4 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. 6.5 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. 7. Intellectual Property 7.1 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 n 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. 7.2 The Provider grants to the Client a non-transferable, non-exclusive licence to use the Providers Products under this Contract. 7.3 The non-exclusive licence shall terminate upon the termination of this Contract for whatever reason. 7.4 The Client warrants that the Client and the Learner shall only use the Providers Products for the Learner’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. 7.5 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.
8. Limitation of Liability 8.1 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: 8.1.1 any breach of the Contract; 8.1.2 any use made by the Client or the Learner of the Service or any part of it; and 8.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract. 8.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. 8.3 Nothing in these Terms limits or excludes the liability of the Provider: 8.3.1 for death or personal injury resulting from negligence; or 8.3.2 for any damage or liability incurred by the Client or the Learner as a result of fraud or fraudulent misrepresentation by the Provider. 8.4 Subject to condition 8.2 and condition 8.3: 8.4.1 the Provider shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for: (a) loss of profits; (b) loss of business; (c) depletion of goodwill and/or similar losses; (d) loss of corruption of data or information; (e) loss of contract; (f) loss of use; or (g) any special,indirect, consequential or pure economic loss, costs, damages, charges or expenses.
8.4.2 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.
9. Support 9.1 The Provider will provide the Learner with ongoing support and advice throughout the Assessment Process and the duration of the Contract. The Support provided shall be limited to:
9.1.1 online support via electronic communication;
9.1.2 telephone support provided by the Assessor and/or the Provider;
9.1.3 an assessment meeting(s) as detailed in 4.3; and,
9.1.4 an induction as detailed in 4.7.2 9.2 The Provider will use reasonable skill and care in providing any Support to the Learner and will use its reasonable endeavours to ensure that the Support is available to the Learner when required. 9.3 The Client/Learner acknowledges and accepts: 9.3.1 that periods of downtime may be required in respect of the online support provided to the Learner and the online Support may not be available during these periods; and 9.3.2 the telephone support shall be available only during normal business hours, which shall be for the avoidance of doubt, 8.30am to 5.00pm Monday to Friday, excluding bank holidays, but the Provider and/or the Assessor will endeavour to provide Support to the Learner promptly. 9.4 The Provider does not accept any liability to the Client or the Learner for any delay in providing the Support to the Learner. 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. 9.5 The Provider cannot guarantee that the Support provided by the Assessor or by a representative of the Provider will resolve the issues that the Learner is experiencing. 10. Customer Care/Complaints 10.1 In the event that the Client, or the Learner, is not satisfied with the quality of the Service provided under the Contract they should contact Lance Saunders, Director CASL Management Development at the Provider’s registered office as stated above. 10.2 In the event of dispute between the Client or the Learner and the Provider as to the quality of the Service delivered, no right of set-off or deduction will thereby apply to the Service or any future or past Service. 11. Change of address or other contact details 11.1 The Provider must be notified in writing of any change in the Learner’s contact details, including the email address, postal address and contact telephone number specified in the Learner’s Registration Form. 12. Right of Refusal and Cancellation 12.1 The Provider reserves the right to refuse to accept an offer from the Client. 12.2 The Provider may cancel the Contract at any time before the Service is provided by giving written notice. On giving such notice the Provider shall promptly repay any sums paid in respect of the Fee less a reasonable sum to cover any costs incurred by the Provider to the date of termination, and the Client shall return to the Provider any Provider Products provided to the Client or the Learner. The Provider shall not be liable for any loss or damage whatever arising from such cancellation. 12.3 The Provider reserves the right to take legal action to recover the Provider Products in the event that the Client or Learner continues to use the Provider Products after termination of the contract and the Client or Learner shall be liable to the Provider for any costs incurred by the Provider in recovering the Provider Products.
12.4 In the event that any of the occurrences so described in paragraph 13.1 arises, the Provider may in its absolute discretion and without prejudice to any of its other rights suspend all future performance of the Service to the Client and/or terminate the Contract without liability on its part. 13. Insolvency 13.1 If any petition in bankruptcy is presented against the Client or the Client is unable to pay its debts when they fall due or if being a limited company any resolution or petition to wind up the Client shall be passed or presented or if a receiver administrative receiver or manager shall be appointed over the whole or any part of the Client’s business or assets or if the Client shall suffer analogous proceedings under foreign law all sums outstanding in respect of the Contract shall become payable immediately. 14. Term 14.1 These Conditions are to come into effect from the date of the Contract and unless terminated sooner, as provided in condition 15, continue in force for the duration of the NVQ Assessment Process. 15. Termination 15.1 The Contract shall commence on the confirmation in writing from the Provider to the Client of registration of the Learner, and (unless terminated by us earlier under condition 15.2) shall expire: 15.1.1 immediately upon the Client receiving confirmation that they have reached the appropriate level of competence; 15.1.2 on confirmation in writing from the Provider that the mutual a agreement between the parties that the Contract shall be terminated: or 15.1.2 one (1) year after the date of registration of the learner if the learner has not yet reached the required level of competence. 15.2 The Provider may terminate this Contract immediately by written notice if: 15.2.1 the Client or the Learner breaches any condition set out in these Conditions; or 15.2.2 the Client fails to pay any Fee, (in part or in full) that become due under these Conditions 15.3 In the event of termination by the Provider the Client shall be required to forthwith return all property belonging to the Provider, including the Provider’s Products, in the Client’s or the Learner’s possession provided under these Conditions. 15.4 The Provider reserves the right to take legal action to recover the Provider Products in the event that the Client or Learner continues to use the Provider Products after termination of the Contract and the Client or Learner shall be liable to the Provider for any costs incurred by the Provider in recovering the Provider Products. 16. Distance Selling Regulations 16.1 In accordance with the provisions of the Consumer Protection (Distance Selling) Regulations 2000, where the Client is an individual, acting as a consumer for the purposes of the Regulations, the Client has the right to cancel the Contract with the Provider in respect of the Service. 16.2 This right of cancellation lasts for a period of seven (7) calendar days from the day the Provider sends written confirmation of the Contract. This right of cancellation shall not affect the Client’s statutory rights. Should the Client, being an individual, wish to exercise this right of cancellation they should send confirmation in writing to Provider’s registered address. 17. Data Protection 17.1 In accordance with the General Data Protection Regulation (GDPR), the data collected from the Company or Learner will only be used for the purpose of learner course registration and will not be used for the purposes of marketing.The data will be kept securely on our systems for the period from registration to completion or expiry of registration with the awarding body, whichever is sooner. 17.2 The Client agrees that, in relation to the information held from time to time, the Provider may: 17.2.1 use the information to perform their obligations and enforce rights under the Contract; 17.2.2 use the information to inform the Client about course, products or services which may be of interest to them; and, 17.2.3 communicate with the Learner or the Client in respect of the Learner regarding their progress. 17.3 In the event that the Client does not wish to receive correspondence from the Provider, a written request should be sent to the address specified in condition. 18. Force Majeure 18.1 The Provider shall have no liability to the Client or the Learner under the Contract if it is prevented from or delayed in performing its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God,war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors. 19. Assignment 19.1 The Provider may assign, license or sub-contract all or any part of its rights and obligations under the Contract without the Client’s consent. 19.2 The Client shall not, without the prior written consent of the Provider,assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract. 20. Severability / Invalidity 20.1 If any provision (or part of a provision) of these is found by any courtor administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force. 20.2 If any invalid, unenforceable or illegal provision would be valid,enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal. 20.3 The parties agree, in the circumstances referred to in condition 20.1 and if condition 20.2 does not apply, to attempt to substitute for any invalid,unenforceable or illegal provision a valid, enforceable and legal provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision. 21. Notices 21.1 Any notice required or authorised to be given the Provider under the Contract to the Client or the Learner shall be in writing and deemed properly served by electronic mail, post or facsimile transmission to the Client or the Learner at the address, electronic mail address or fax number specified by the Client or the Learner under this Contract or at such other address, electronic mail address or facsimile specified by the Client/Learner in writing to the Provider from time to time. 21.2 Any such notice shall operate and be deemed to have been served at the expiration of one (1) day after the day on which it is posted or transmitted. In proving such service it shall be sufficient to show that the envelope containing the notice was properly addressed and posted or that the transmission was duly despatched and acknowledged as the case may be. 22. Jurisdiction 22.1 The Contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales. 22.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter.