TERMS & CONDITIONS
The following outlines the terms and conditions expected of all stakeholders when enrolling on to a qualification with Dec-Assess Limited. Any breach of the terms outlined below may result in a financial charge or, in some circumstances, withdrawal from the training programme.
Dec-Assess Limited is the training provider. The provision of training, assessment and the learning materials are that of Dec-Assess Limited. The learner/ employer is the Client. Provision of work based activities suitable for assessment is their responsibility.
2. Dec-Assess Limited’s Responsibilities
3. Clients Responsibilities
The Client enters into a contract with Dec- Assess Limited for the provision of Assessment and /or Training. The Client agrees to pay Dec-Assess Limited any invoices in accordance with invoice terms and conditions. The Client will provide all information that may be necessary to fulfil the requirements of Dec-Assess Limited in the provision of Assessment and/or Training to complete the qualification for the Client. The Client will provide all reasonable access to the learner(s) on site or in transit. All grant recoveries or receipts are the sole responsibility of the Client and do not affect Dec-Assess Limited’s invoice terms and conditions. To agree to Dec-Assess Limited performing credit checks through an established credit agency, all information received will be used for Dec- Assess Limited’s purposes only and is treated as confidential. All learners must reside and carry out their training in the UK/ Northern Ireland. Any training carried out outside these areas will be considered a breach of the training contract and may result in the Learner being withdrawn from the program.
Fees are reviewed on a regular basis and are subject to change. Fees quoted will be in force for 12 weeks following payment of induction deposit.In the event of an agreed appointment on-site or at a location being missed, which includes the learner(s) not communicating any information that may result in the delay of the proposed Training and Assessment activities the Client will be charged a Missed Appointment Fee of £50.00. Any fees that are accrued will be added to any outstanding monies owed at the end of all Assessment and Training. The final amount in Sterling of all outstanding monies is at the discretion of Dec-Assess Limited. All outstanding monies owed by the Client must be paid to Dec-Assess Limited before distribution of the relevant certificate.
5. Payment Terms
All Clients will be expected to pay 100% of the contract in advance to Dec-Assess Limited’s services within 12 weeks of induction. All agreements that fall outside this payment policy will be at the discretion of Dec-Assess Limited.
Any and all other invoices issued by Dec-Assess Limited shall be paid within fourteen (14) days of the date of the invoice unless otherwise agreed in writing by Dec-Assess Limited. In the event of late payment Dec-Assess Limited may charge interest on the amount outstanding before and after the judgement at the rate of eight (8) percent above the base rate of Barclays Bank plc in force from the due date of payment. In addition, invoices unpaid for more than 60 days after the invoice date will incur a surcharge of either £30.00 or 5% on the outstanding amount, whichever sum is greater.
If any amount of an invoice is disputed then the Client shall inform Dec-Assess Limited of the grounds of such a dispute within seven (7) days of the invoice and shall pay to Dec-Assess Limited the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms.
Dec- Assess Limited reserves the right to increase the quoted fee in the event that the client requests a variation to the work agreed.
If deemed necessary Dec-Assess Limited reserves the right to pass all outstanding debt to a private collection agency to collect on their behalf or will seek reparation through the courts. All fees incurred for such actions will charged back to the Client to paid in full unless agreed otherwise.
6. Application of Terms and Conditions
These provisions shall apply to all contracts for the sale of Services/Products between Dec-Assess Limited and the Client not withstanding and to the exclusion of any terms and conditions the Client may purport to incorporate under any purchase order, and confirmation of order or similar document. Any and All future orders shall be deemed to be offers by the Client to purchase Services/Products pursuant to these terms and conditions unless Dec-Assess Limited shall amend these terms and conditions or notify the Client to the contrary. Dec-Assess Limited is not bound by or under any obligation to accept an order from the Client that is not formally accepted in writing by Dec-Assess Limited. Any variation of the these terms and conditions may only be made in writing by Dec-Assess Limited and unless so made shall have no effect. These terms and conditions are governed by the law prevailing in England and Wales.
7. Intellectual Property Rights
All documentation, information, systems, methods and procedures are the property of Dec-Assess Limited and cannot be used or distributed by electronic or other means without specific permission from Dec-Assess Limited.
8. Exclusion and Limitation
Dec-Assess Limited shall be under no liability to the
Client for indirect or consequential loss (including loss of profits) sustained
by the Client following breach of the Terms and Conditions by Dec-Assess
Limited. Except in respect of injury or death of any person due to the
negligence of Dec-Assess Limited. Dec- Assess Limited’s liability to the Client
arising out of any breach by Dec-Assess Limited of these Terms and Conditions
shall be limited to damages and such damages shall under no circumstances exceed
In line with Awarding Organisation requirements The Client must be registered within 12 weeks following induction. If there has been no registration within 12 weeks this will result in automatic withdrawal. Should The Client wish to resume they must re-induct to register and continue on the course.
Dec-Assess Limited will endeavour to work to a preapproved timeframe as discussed with the Client on the issuing of the contract, however Dec-Assess Limited shall be under no liability should delays occur due to unforeseen circumstances or delays caused by related third parties (i.e. the Client, Awarding Body). Dec-Assess Ltd reserve the right to de-register and withdraw the Client if completion and/or non payment fees does not take place within 3 calendar months beyond agreed end date on full cost courses or 1 calendar month beyond the end of the academic year (July 31st) with SFA funded/ co-funded courses. Any achievement to that point will be claimed as units of credit prior to withdrawal.
9. Performance Criteria
Dec-Assess Limited does not warrant that the Products/Services will achieve any particular performance criteria unless Dec-Assess Limited has specifically guaranteed such criteria in writing. The Client Warrants that they have not relied on any oral representation made by Dec-Assess Limited or upon any descriptions, illustrations or specifications contained in any catalogues and publicity material produced by Dec–Assess Limited , which are only intended to convey a general idea of the Products/Services mentioned therein.
10. Force Majeure
Dec-Assess Limited shall be relieved from liability under these Terms and Conditions, if and to the extent that Dec-Assess Limited shall be unable to carry out any of its obligations hereunder owing to wars, strikes, lock-outs, Government controls or restrictions, non-availability of any services/products or any cause beyond Dec–Assess Limited’s control.
A 14 day cooling off period will apply prior to commencement of services agreed within which the Client may cancel an order or part of an order for Goods for refund less reasonable costs and expenses . Beyond this Dec-Assess Limited may, at its absolute discretion, allow the Client to cancel an order or part of an order for Goods, less a cancellation fee sufficient to cover all reasonable costs, expenses and losses to Dec-Assess Limited