IVY TRAINING CENTRE LTD (“IVY”)
Standard Terms and Conditions for provision of Training Programmes
(“Terms & Conditions”)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS AGREEMENT IS IN FORCE BETWEEN IVY TRAINING CENTRE LTD (HEREAFTER REFERRED TO AS “IVY”), AN APPROVED ASSESSMENT CENTRE FOR CONSTRUCTION AND MANAGEMENT NVQS AT LEVELS 2, 3, 4, 5, 6 AND 7 WITH THE PEARSON AWARDING BODY (“PEARSON”), AND YOU (HEREAFTER REFERRED TO AS “YOU” OR “CLIENT”) 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, AND IS EFFECTIVE AS OF THE DATE YOU PURCHASES THE SERVICES DEFINED BELOW. BY ACCESSING, USING ANY PART OF OUR WEBSITE, OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS DOCUMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO USE OUR SERVICES.
Preamble
Authority and Capacity
The parties and their legal representatives guarantee that they have the authority and capacity to enter into this agreement.
Furthermore, you represent that you are at least the age of majority, and, if there is the case, you have given your consent to allow any of your minor dependents to use this site.
Enforceability
This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.
Disclaimer
To the maximum extent permitted by applicable law, nothing in this document will:
- limit or exclude your liability or misinterpretation of the information presented on the website;
- limit any of your liabilities in any way that is not permitted under applicable law;
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer:
a) are subject to the preceding paragraph;
b) will govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer.
Website Terms
IVY manages https://www.ivytrainincentre.co.uk/, which is a platform designed to assist Customers to receive sustainable training and long-term assessment through the business component of IVY TRAINING CENTRE and namely through IVY Qualification.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO ACCURACY OF THE DATA PROVIDED BY THE USERS, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT.
Trademarks, Copyright, Intellectual Property
The trademarks, logos and service marks ("Marks") displayed on the website are the property of IVY and other associated parties and Service Providers. You are prohibited from using any Marks for any purpose without IVY’s written permission. All information and content including any software programs available on or through the website ("Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the website for commercial or public purposes.
You hereby acknowledge and agree that IVY and all its other third-party Service Providers exclusively own all rights, title and interest in and to the Platform and the services provided, and any associated documentation, content, and deliverables (collectively, the "Documentation") developed and/or provided during the Services and all Intellectual Property Rights therein. You also acknowledge that the Platform and Documentation contain confidential and proprietary information and trade secrets belonging to IVY, as well as its other third-party Service Providers, and that nothing herein gives you any right, title or interest in the Platform. The access and use of our services do not transfer to you, or to any third-party, any rights, title, or interest in or to such intellectual property rights belonging to us.
You further acknowledge that the Services may contain information which is designated confidential by IVY and that you shall not disclose such information without IVY’s prior written consent.
You must not, without prior written consent from IVY:
- Republish material from https://www.ivytrainingcentre.co.uk/
- Sell, rent or sub-license material from https://www.ivytrainingcentre.co.uk/
- Reproduce, duplicate or copy material from https://www.ivytrainingcentre.co.uk/
- Redistribute content from https://www.ivytrainingcentre.co.uk/
Provision of Services
Provision of the Service and IVY’s Obligations:
1. IVY agrees to provide the Service, subject to these Conditions, to the Client for the purposes of supporting the Delegate throughout the Assessment Process.
2. The date for provision of the Service shall be an estimate only and shall not be of the essence.
3. The number of assessment meetings carried out by the Assessor shall be limited to three (3 but additional assessment meetings may be arranged, if deemed necessary by the Assessor. IVY shall, on the successful Registration of the Delegate:
- Provide the delegate, or the Client on the Delegate’s behalf, the Welcome Pack for the relevant QCF/RQF NVQ identified as the relevant QCF/RQF NVQ for the Delegate from the Delegate’s Enrolment Form;
- Allocate an Assessor to the Delegate to assist on the Delegate’s assessment and qualification through the Assessment Process; and provide ongoing online or telephone support agreed.
4. All the IVY’s released certificates will be sent out via email to both the Candidate and his Employer, where applicable, and the physical copy will be posted to the payer.
Client’s Obligations:
1. The Client agrees that they are responsible for the accuracy of the Delegate’s information provided in the Delegate’s Enrolment Form and that such information provided is complete, correct and accurate in all material aspects.
2. IVY and/or Assessor may be required to contact the Delegate’s employer during the NVQ assessment for the purposes of the Assessment Process.
3. IVY is not responsible for the operation, monitoring, passing, failing, accreditation or certification of any NVQ course not is the IVY responsible for the comments or guidance of each individual Assessor; and the IVY has the right to allocate an alternative Assessor to the Delegate at any time during the Contract.
Price, Payment & Refunds
Price
The fee for the Service shall be the fee specified on the IVY’s Catalogues, Leaflets, Enquiry Pack and on our website at www.ivytrainingcentre.co.uk under the NVQs section, identifying the relevant NVQ assessment for the Delegate unless a different quotation provided by the IVY. On receipt of the Enrolment Form signed by the Delegate, or by the Client on the Delegate’s behalf, an invoice for the Fee shall be submitted to the Client in writing (which shall include facsimile and electronic mail).
Payment
Where the fee is payable in full by the Client or Company, it shall be payable by the Client or Company within fourteen (14) days from the date of the invoice and unless otherwise agreed in writing by the IVY, shall be payable in full.
Where the Delegate will pay for the NVQ themselves, the total fee is payable upon registration unless otherwise agreed with the balance of the fee payable within 14 days of receipt of the invoice. IVY will not provide its services until the proof of payment is provided by the client or by the Company, either through internet banking or by direct payment.
In case IVY has agreed on a two-tranche contractual payment, and the Client has issued the down payment, the Client hereby undertakes to make the final payment prior to receipt of the Diploma. The Client will not be able to receive their Diploma until they provide IVY with proof of the final payment. 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 0.2% per day.
The Client hereby agrees that the provision of services are provided in full by IVY, and thus undertakes to make the payment(s) for the fees as contractually provided. Furthermore, the Client hereby accepts that in case they will not make the final payment within 30 days from the date they are informed that their Diploma is ready for receival, IVY has the right to imitate the legal procedures against the Client for the amount pertaining to the final payment plus the interest accrued, as provided hereinabove.
Refund
The Client accepts that, since the services are provided in full, there is absolutely no refund possible, for amounts already paid. IVY reserves the right to reclaim any costs, without limitation including legal costs and costs incurred by IVY or its agents, in the recovery of any other unpaid fee, or part of, due to IVY under these Conditions.
Fee Modifications
IVY 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 IVY to provide the Service which is due to factors occurring after the making of the Contract which are beyond the reasonable control of the IVY (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.
Complaints
In the event of that the Client, or the Delegate, is not satisfied with the quality of the Service provided under the Contract, they should contact the Managing Director of IVY TRAINING CENTRE Ltd at the IVY’s registered office as stated above. In the event of dispute between the Client or the Delegate and the IVY 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.
Right of Refusal and Cancellation
IVY reserves the right to refuse to accept an offer from the Client.
IVY may cancel the Contract at any time before the Service is provided by giving written notice. On giving such notice, and by way of exception from the above stated non-refund rules, IVY shall promptly repay any sums paid in respect of the fee less a reasonable sum to cover any costs incurred by IVY to the date of termination, and the Client shall return to IVY any IVY Products provided to the Client or the Delegate. IVY shall not be liable for any loss or damage whatever arising from such cancellation.
IVY reserves the right to take legal action to recover IVY Products in the event that the Client or Delegate continues to use IVY
Products after termination of the contract and the Client or Delegate shall be liable to IVY for any costs incurred by IVY in recovering IVY Products.
In the event that any of the occurrences which have led to bankruptcy, IVY may in its absolute discretion and without prejudice to any of its other right suspend all future performance of the Service to the Client and/or terminate the Contract without liability on its part.
Data Protection and Data Processing
Data Protection
In accordance with the General Data Protection Regulation (GDPR), the data collected from the Company or Delegate will only be used for the purpose of delegate course administration and will not be used for the purposes of marketing. The data will be kept for the duration of the Assessment Process, at the end of which it will be archived and stored in a safe and secure environment. It will be deleted only upon receipt of written instruction from the Client or Delegate.
Clients or Delegate have the right to receive details of the personal information held by IVY from time to time. A fee of £15.00 will be payable upon a request for such information. For more information, please visit our Privacy Policy at https://www.ivytrainingcentre.co.uk/privacy-policy/.
Data Processing Covenant
In accordance with worldwide Regulation on personal data privacy and security, and more specifically in accordance with the General Data Protection Regulation (GDPR), this Data Processing Covenant enters into force if and when the Services entail processing of the Client’s Personal Data. There are two situations under this Covenant:
- IVY is the Controller whenever the personal data is provided by the Client, directly.
- IVY is the Processor whenever a Client’s personal data is provided by the Company or by the Delegate.
A. Purpose
In accordance with the present Terms & Conditions, IVY is providing a Service, and the we, as the Controller, have clearly defined the purposes of collection of Personal data, and have ensured that the processing of the Personal Data is lawful before it is transferred to another Sub-Processors, which in this case, is the authorities providing the certifications.
In case a Company, as the Controller, has provided IVY with personal data of the Clients, it is in their strict obligation to comply with all the applicable legal obligations.
B. Types of Personal Data
The Sub-Processor will have access to the contact information of IVY’s Clients, the extent of which is determined and controlled by law, and other eventual electronic data submitted, stored, sent, or received by the IVY, either as a Controller or as a Processor, via the Platform.
C. Obligations of the Sub-Processor
Within the scope of this Data Processing Covenant, and in its use of the services, the Sub-Processor, as the certification issuer, shall be solely responsible for complying with the statutory requirements relating to data protection and privacy, in particular regarding the disclosure of Personal Data to other entities except IVY.
As legal authority, it is generally accepted by the Client that the Sub-Processor has taken the appropriate technical and organizational measures to adequately protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data. Such measures are not to be considered an obligation of IVY and they include, but are not be limited to:
• the prevention of unauthorized persons from gaining access to Personal Data Processing systems (physical access control),
• the prevention of Personal Data Processing systems from being used without authorization (logical access control),
• ensuring that persons entitled to use a Personal Data Processing system gain access only to such Personal Data as they are entitled to accessing in accordance with their access rights, and that, in the course of Processing or use and after storage, Personal Data cannot be read, copied, modified or deleted without authorization (data access control),
• ensuring that Personal Data cannot be read, copied, modified or deleted without authorization during electronic transmission, transport or storage on storage media, and that the target entities for any transfer of Personal Data by means of data transmission facilities can be established and verified (data transfer control),
• ensuring the establishment of an audit trail to document whether and by whom Personal Data have been entered into, modified in, or removed from Personal Data Processing systems (entry control),
• ensuring that Personal Data is Processed solely in accordance with the Instructions (control of instructions),
• ensuring that Personal Data is protected against accidental destruction or loss (availability control).
d. General Sub-Processors
The information you supply will be used by the Skills Funding Agency, an Executive Agency of the Department for Business, Innovation and Skills, to issue you with a Unique Learner Number (ULN), and to create your Personal Learning Record. For more information about how your information is processed and shared refer to the Extended Privacy Notice available on Gov.UK.
Support
IVY will provide basic technical support to the Client. This entails informational assistance, but IVY does not warrant that any solution will be found for any problems or requests.
The Client may contact IVY support on business days (Monday to Friday except for Christmas Eve, New Year’s Eve and other public holidays) between 09:00 and 17:00 hours Central European Time. Any contact with IVY support shall take place via -office@ivytrainingcentre.co.uk-.
Security
Rights to data
The Client retains all rights to all the data which the Client stores or transfers in connection with the use of the Services.
Statistical data regarding the order history as well as anonymized data could be kept, according to the Privacy Policy.
Confidentiality
Client’s privacy is important to IVY and we will abide by our Privacy Policy. IVY reserves the right to modify their Privacy Policy from time to time.
Special Disclaimer
THE IVY SERVICES ARE PROVIDED "AS IS." IVY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES PROVIDED. WE DO NOT WARRANT THAT THEY WILL OPERATE UNINTERRUPTED, WITHOUT ERROR OR NO RISK. ALSO, WE DO NOT WARRANT THAT THE ELEMENTS OF CONTENT, INCLUDING YOUR USER DATA, WILL BE SAFE, AND CANNOT BE HACKED OR LOST.
Liability, Limitation of Liability Etc.
Limitation of liability
IVY is not responsible for payment of damages to the Client as a consequence of the breach of any of the obligations arising from this document. The Client could invoke, in extremely limited cases, direct financial losses, for example the damages caused by serious negligence or intent, context in which IVY will contextually analyse the situation and decide if it has any real guilt regarding the situation invoked.
Circumstances for which IVY, in any event, is not responsible
Even though IVY will use appropriate care to ensure secure transmission of information between the Client and the Services, the Client recognizes that the Internet is an open system and that IVY cannot warrant that a third party cannot or will not intercept or alter data during the transmission. IVY takes no responsibility for such unauthorized access to, use or alternation or publication or loss of data.
Neither is IVY responsible for lack of availability of the Services when this is directly or indirectly caused by the Client or by circumstances for which the Client is responsible.
Force majeure
If the use and execution of the Services are wholly or partly prevented or materially impeded by circumstances beyond the parties’ control, both parties’ obligations are suspended for as long as the circumstances are relevant and as long as these circumstances last. Each party may, however, terminate the Agreement if the force majeure makes it particularly burdensome for that party to continue the Agreement.
In the event that law, rules or regulations applicable to the use or delivery of the Services is changed or new rules or regulations are adopted after the Services have been made available on the market and this prevents IVY from fulfilling the Client’s instructions regarding processing of personal data or other obligations in this Agreement, and/or this requires full or partial termination of access to the Services for a limited or indefinite period of time, this shall be considered as a force majeure circumstance. IVY is not in any way responsible for any such or other force majeure circumstance.
Termination
The contract shall commence on the confirmation in writing from IVY to the Client of registration of the Delegate and shall expire immediately upon the Client receiving confirmation that they have reached the appropriate level of competence.
On confirmation in writing from IVY that the mutual agreement between the parties of the Contract shall be terminated, or two (2) years after the date of registration of the Delegate if the Delegate has not yet reached the required level of competence.
IVY may terminate this contract immediately by written notice if:
- The Client or the Delegate breaches any condition set out in these conditions; or
- The Client fails to pay any Fee, (in part or in full) that becomes due under these Conditions.
Governing Law
This Agreement is governed by and construed in accordance with all the applicable laws in the United Kingdom. Exclusive jurisdiction and venue for any action arising under this Agreement are in the Courts of Justice from the headquarters of IVY, and both parties hereby consent to such jurisdiction and venue for this purpose.
Any dispute or disagreement between the parties will be resolved through negotiations.
In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys' fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
Validity
This Agreement shall govern all communications between the Parties.
Entire Agreement
This Agreement together with the Terms and Conditions and the Privacy Policy constitute the entire agreement between the parties concerning the contractual relationship.
No change, consent or waiver to this Agreement will be effective unless in writing and signed by the party against which enforcement is sought. The failure of IVY to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
Unless expressly provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.
Client’s Statement
I agree that IVY TRAINING CENTRE LTD can create and maintain computer and paper records of my personal data and that this will be processed and stored in accordance with the General data Protection Regulation. I hereby confirm that I am completely aware of IVY TRAINING CENTRE Ltd.'s various policies and procedures (including Equal Opportunities Policy, Health and Safety Policy, Assessment Procedure, Assignment Submission Policy, Complaints Policy, Appeals Policy, Assessment Malpractice Policy, etc. I also allow IVY TRAINING CENTRE Ltd. to upload all the contents of my portfolio (including written work, documents, photographs, videos, recordings, etc.) on their website and Learning Management System (LMS) if applicable for the purposes of verification, training, assessment and evaluation of their courses.
Acknowledgment of Terms
The Client acknowledges that they:
(a) have read this agreement prior to use of the application;
(b) understand the terms of this agreement;
(c) have signed this agreement voluntarily, by using the application;
IN WITNESS WHEREOF, the Parties have executed this Agreement.
