Terms and Conditions

1. Background

1.1. The Inspirational Learning Group Limited (TILG) (CRN: 10044187) is the registered company that organises and facilitates nationally recognised enterprise programmes such as The National Careers Challenge, The National Skills Challenge, The Stocks and Shares Challenge & My Perfect University amongst others (herein referred to as the Programmes(s)).

1.2. These are the terms on which TILG will supply you with the Programme(s) previously agreed in writing (which, for the avoidance of doubt, includes email). The email confirmation, booking form and these Terms and Conditions together set out the full terms of our agreement with you to deliver the Programme(s).

1.3. Please note that, subject to paragraph 1.4, following receipt of the booking form, this Agreement shall come into effect and be binding upon you and us, upon the earlier of:

1.3.1. us receiving a signed copy of the booking form or other written notice from you confirming your agreement to its terms; and

1.3.2. you acting consistently with the Agreement having been entered into.

1.3.3. us receiving a signed copy of this SLA.

1.4. Regardless of whether this Agreement has come into effect, the dates for delivery of the Programme(s) shall not be reserved until you pay the fees for the Programme(s) in accordance with paragraph 7. Until we receive payment of these fees from you we are entitled to offer dates for the Programme(s) to others and cancel your dates for delivery of the Programme(s) upon giving written notice and without incurring any liability to you.

1.5. This Agreement constitutes the entire agreement between you and us in relation to our delivery of the Programme(s). You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in this Agreement.

2. The Programme(s)

2.1. Subject to paragraph 1.4 and the rest of these Terms and Conditions, we will deliver the Programme(s) to you in accordance with this Agreement on the date(s) set out on the booking form and in the email confirmation or as is otherwise agreed between you and us in writing.

2.2. We will deliver the Programme(s) with reasonable care and skill in accordance with the descriptions set out in writing between us and you.

2.3. We will use all reasonable endeavours to deliver our services in accordance with timings provided by you.

2.4. We reserve the right to change and update the content of the Programme(s) and/or the way in which we deliver them as we see fit.

3. Our Responsibilities

3.1. We will make all reasonable endeavours to ensure that we will:

3.1.1. provide the appropriate number of fully trained facilitators for us to run the Programme(s);

3.1.2. provide sufficient materials for the Programme(s) to be run successfully;

3.1.3. provide a briefing for your staff prior to the day of commencement of the Programme(s);

3.1.4. maintain appropriate public liability insurance for the activities of our facilitator staff as part of the Programme(s).

4. Your Responsibilities

You acknowledge and undertake that you will:

4.1. Prior to the day of commencement of the Programme(s):

4.1.1. nominate a member of your staff to act as a “Lead Teacher” who has authority to make decisions on your behalf and as such can represent you and be a point of contact between you and us, if this person needs to change for any reason it is your responsibility to inform us;

4.1.2. provide us with all information which we request concerning the delivery of the Programme(s) within the timescales given;

4.1.3. communicate any special requirements (e.g. catering, disabled access, visual/hearing impairment) of students to us as soon as possible and in any event at least a week in advance of the date of delivery of the relevant Programme;

4.1.4. inform us at the time of booking of your organisations Disclosure and Barring Service (DBS) policy in regard to our facilitator staff attending to run the Programme(s) at your premises including any identification that will be required and any restrictions placed on facilitator staff not in possession of a current DBS in the name of The Inspirational Learning Group.

4.1.5. ensure that the Lead Teacher is available to participate in a telephone call with our engagement team at least a week prior to the day of commencement of the Programme(s) to finalise arrangements and answer any questions that may have arisen.

4.2. On the day of commencement of the Programme(s):

4.2.1. provide our facilitation team with access to your premises (if required) and the rooms and other reasonable facilities needed to deliver the relevant Programme;

4.2.2. provide our facilitation team with an adequate briefing about your school and students prior to the delivery of the relevant Programme;

4.2.3. ensure that an appropriate number of your staff are available throughout the relevant programme to adequately manage participant behaviour when required;

4.2.4. in accordance with the Department for Education requirements, ensure that a teacher or school representative remains with students at all times throughout delivery of the relevant programme and you hereby acknowledge that students remain the responsibility of such teachers or school representatives;

4.2.5. ensure that all relevant health and safety information is brought to the attention of our facilitation team and such information is followed;

4.2.6. notify us at the earliest opportunity of any accident or incident taking place during any programme (including any issues involving our facilitation team which must be communicated to us and not the facilitator and we will deal with this for you);

4.2.7. ensure that your students and the Lead Teacher completes and returns an evaluation form on conclusion of each Programme and you hereby acknowledge that failure to do so may result in the loss of funding for the Programme(s) where applicable which would result in the full cost of the Programme(s) being charged and payable by you.

2.2. We will deliver the Programme(s) with reasonable care and skill in accordance with the descriptions set out in writing between us and you.

2.3. We will use all reasonable endeavours to deliver our services in accordance with timings provided by you.

2.4. We reserve the right to change and update the content of the Programme(s) and/or the way in which we deliver them as we see fit.

3. Our Responsibilities

3.1. We will make all reasonable endeavours to ensure that we will:

3.1.1. provide the appropriate number of fully trained facilitators for us to run the Programme(s);

3.1.2. provide sufficient materials for the Programme(s) to be run successfully;

3.1.3. provide a briefing for your staff prior to the day of commencement of the Programme(s);

3.1.4. maintain appropriate public liability insurance for the activities of our facilitator staff as part of the Programme(s).

4. Your Responsibilities

You acknowledge and undertake that you will:

4.1. Prior to the day of commencement of the Programme(s):

4.1.2. provide us with all information which we request concerning the delivery of the Programme(s) within the timescales given;

4.2. On the day of commencement of the Programme(s):

4.2.1. provide our facilitation team with access to your premises (if required) and the rooms and other reasonable facilities needed to deliver the relevant Programme;

4.2.2. provide our facilitation team with an adequate briefing about your school and students prior to the delivery of the relevant Programme;

4.2.3. ensure that an appropriate number of your staff are available throughout the relevant programme to adequately manage participant behaviour when required;

4.2.5. ensure that all relevant health and safety information is brought to the attention of our facilitation team and such information is followed;

5. Health & Safety

5.1. We are fully committed to promoting children’s rights and their right to be protected from harm, abuse and exploitation and to be involved in any decisions that directly affect them. We will implement policies and procedures for safeguarding the welfare of children and young people. We will ensure our facilitation team are selected, screened, trained and supervised in accordance with these policies (and please contact us if you would like further information about these policies).

5.2. Where required by law due to the number of hours spent delivering the Programme(s) or the level of access which the Programme(s) require us to have, we will ensure that our facilitation team are checked against the DBS in accordance with such law.

5.3. Where the Programme(s) or any related activities are delivered on your premises you will be responsible for undertaking a risk assessment to identify any potential risks to our facilitation team, your staff and students and for taking any appropriate action in relation to such risks. Where the Programme(s) or any related activities require attendance by your staff and/or students on our premises or other such premises that we arrange we will undertake a risk assessment to identifying any potential risks to our staff, your staff and students in accordance with our health and safety policy (and please contact us if you would like further information about this policy).

5.4. You acknowledge that our facilitation team are not necessarily first aid trained and that responsibility for first aid care of our staff, your staff and students lies with you, regardless of the location of the delivery of the Programme(s).

6. Changes to the Programme(s)

6.1. If you want to change the Programme(s) after we issue email confirmation and a booking form you must notify us in writing as soon possible. Please note that we cannot guarantee that we can accommodate or accept any changes to the Programme(s). Any accepted changes must be agreed in writing and signed by you and us. Any changes to the Programme(s) which are agreed may result in additional reasonable charges to cover any costs we incur as a result of the change which we shall be entitled to invoice to you and which shall be payable in accordance with paragraph 7.

6.2. Each additional Programme purchased shall be subject to an additional booking form and is subject to these Terms & Conditions.

7. Fees & Payment

7.1. Upon this Agreement coming into effect pursuant to clause 1.3, we may issue an invoice for the fees payable by you as set out in the email confirmation or any time after. The fees shall be payable by you within 14 days of receipt of the invoice unless prior agreement has been made to defer part-payment whereby a deposit will be paid within 14 days and the balance invoiced 30 days before commencement of the Programme. No matter when an invoice is issued to you, you must in any event make payment of the fees prior to the date for delivery of the relevant Programme(s). Failure to do so, may result in the Programme(s) not being delivered on the intended date, or at all.

7.2. If the number of students present when we deliver the relevant Programme is fewer than the number stated on the booking form then the fees will not be affected, and you will not be entitled to any refund. If the number of students present when we deliver the relevant programme is greater than the number stated on the booking form, you may be liable to additional charges. We shall be entitled to issue an invoice for such additional fees immediately following delivery of the relevant Programme which shall be payable by you within 7 days of the date of invoice. Please note that we are not always able to accommodate additional students and we reserve the right to refuse to allow more students than the number originally agreed to partake.

7.3. Unless otherwise agreed we may provide you with invoices by email.

7.4. If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us this interest together with the overdue amount.

7.5. If you dispute an invoice in good faith and let us know that you dispute it and the reasons for such dispute promptly after receipt, the required payment periods and interest charges set out above will be suspended until such time whilst we work with you to try and resolve such dispute.

8. Duration of this Agreement

8.1. This Agreement shall continue in effect until the first of either:

8.1.1. the Programme(s) have all been delivered and/or cancelled; or

8.1.2. this Agreement is terminated in accordance with these Terms and Conditions.

9. Cancellation / Amendments of the Programme(s)/Delivery dates

9.1. If you want to cancel any Programme(s) for any reason you must do so in writing.

9.2. The preparation for the delivery of Programme(s) often begins months in advance of the delivery date and we commit to various costs on the assumption that the Programme(s) will be delivered on the agreed delivery date. We therefore offer the following cancellation options:

1. At any time after 30 days from date agreement signed or delivery date agreed (whichever occurs soonest) – With all cancellations you can postpone to another date in the same academic year or take delivery of the programme remotely (online – recieve a credit note to the value of 50% of the fee to use on any booking for the following academic year).

2. More than 120 days from selected date – Cancel and recieve a credit note to the value of 45% of the fee to use on any bookings for the following academic year.

3. Between 60 – 120 (inclusive) days from selected delivery date – Cancel and recieve a credit note to the value of 35% of the fee to use on any booking for the following academic year.

4. Between 30 – 59 (inclusive) days from the selected delivery date – Cancel and recieve a credit note to the value of 25% of the fee to use on any booking for the following academic year.

5. Less than 29 days from selected delivery date – You may cancel but will be liable for the full amount of the agree fees.

* Please note, these terms and conditions are only applicable to single year bookings. For bookings under a 3 year deal agreement, the terms and conditions can be found above.

9.3. If you have taken advantage of a discount scheme offered by us from time to time when purchasing a number of Programme(s) but seek to cancel after delivery of a Programme(s) but before delivery of the whole series, in addition to any cancellation charges applicable pursuant to clause 9.2 above, we may also charge you for any discount received on the Programme(s) which have already been delivered under the scheme being the difference between the discounted fee for the delivered Programme(s) and the full fees for such Programme(s).

9.4. Amendments of the programme(s)/delivery dates

At all times – We will endeavour to amend your booking and deliver the session of your choice on a date that is convenient to you. However in some circumstances this may not be possible and the below amendment fees will be applicable.

More than 120 days from selected delivery date – No charge and can be moved to another date within the same academic year or the following academic year at no additional fee.

Between 60 – 120 (inclusive) days from selected delivery date – No charge if moved to another date within the same academic year. 10% charge if moved to the following academic year.

Between 30 – 59 (inclusive) days from selected delivery date – 10% charge if moved to another date within the same academic year / 25% charge if moved to the following academic year.

Less than 29 days from selected delivery date – You may not amend your delivery date and will be liable for the full agreed fee.

10. Terminating this Agreement

10.1. You may terminate this Agreement or cancel any or all Programme(s) with immediate effect if we breach this Agreement in a material way and (if the breach is capable of remedy) we do not remedy the breach within 30 days of you asking us to do so in writing, in which case we shall discuss in good faith any refund of the fees (in whole or in part) which we, at our sole discretion, consider reasonable in the given circumstances.

10.2. We may terminate this Agreement or cancel and/or suspend any or all Programme(s) with immediate effect if:

10.2.1. you do not make a payment of the fees when due; or

10.2.2. you breach this Agreement in any other material way and (if the breach is capable of remedy) you do not remedy the breach within 30 days of us asking you to do so in writing, in which case the fees shall still remain due and interest shall accrue in accordance with paragraph 7 above.

11. At the End of this Agreement

11.1. On expiration or termination of this Agreement for any reason:

11.1.1. our obligation to provide any Programme(s) which have not been delivered immediately ceases without incurring any liability from us to you;

11.1.2. the rights, remedies, obligations and liabilities of you and us that have accrued as at expiry or termination will be unaffected, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of expiry or termination; and

11.1.3. any paragraph of these Terms and Conditions which expressly or by implication is to survive termination shall continue in full force and effect, including, for the avoidance of doubt, paragraph 12 below.

12. Our Liability to You – Read This Paragraph Carefully

12.1. There are certain things that we and you are not able, by law, to exclude liability for, and nothing in this Agreement excludes liability for such things. This includes liability for:

12.1.1. death or personal injury caused by negligence or the negligence of personnel;

12.1.2. fraud or fraudulent misrepresentation; and

12.1.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.

12.2. Subject always to paragraph 12.1 above:

12.2.1. we will not be liable to you in any circumstances whatsoever for any loss of profit or any indirect or consequential losses which you suffer in connection with this Agreement, however arising (including in contract, tort and negligence and breach of statutory duty); and

12.2.2. our total liability to you in respect of all other losses, however so arising (including in contract, tort and negligence and breach of statutory duty) shall in no circumstances exceed the total fees paid by you under this Agreement.

12.3. The terms implied by law, including sections 3 to 5 of the Supply of Goods and Services Act 1982, are, to the fullest extent allowed by law, excluded from this Agreement.

13. Events Outside of Our Control

13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.

13.2. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation adverse weather, strikes, lock-outs or other industrial action (whether involving our personnel or one of our suppliers), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, failure of public or private telecommunications networks or failure of transport networks.

13.3. If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:

13.3.1. we will contact you as soon as reasonably possible to notify you; and

13.3.2. our obligations under this Agreement will be suspended and, if we have been unable to deliver a Programme(s) as a result of the Event Outside Our Control, we will contact you to arrange a new date for the Programme(s) and we shall discuss in good faith any additional charges which would be reasonable in the given circumstances.

14. Your Information

14.1. We might need to use the personal information you provide to us (including the personal information of any staff and students which you provide) to:

14.2. deliver the Programme(s);

14.3. process your payment of the fees;

14.4. comply with our other obligations under this Agreement; and

14.5. provide details about similar programmes and services that we delivery, but you may stop receiving these at any time by contacting us.

14.6. You are responsible for ensuring that you obtain any necessary consents to be able to provide us with any personal information for the purposes stated in paragraph 14.1. above and shall indemnify us in full against any liability we may incur as a result of such consent not having been lawfully obtained.

14.7. We will not give personal information you provide to us (including the personal information of any students which you provide) to any third party.

15. Notices

15.1. Any notice which is given under or in connection with this Agreement must be in writing, addressed to the relevant party at its principal address or such other address as has been specified in writing in accordance with this paragraph 15, and must be delivered personally, sent by pre-paid first-class post or other next working day delivery service, commercial courier or email.

15.2. A notice shall be deemed to have been received: if delivered personally, when left at the address referred to in paragraph 15.a. above; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or if sent by email to an email address of ours which we provide to you for the purpose of giving notices, one business day after transmission provided no out of office is received back.

16. Other General Terms

16.1. No variation of this Agreement shall be effective unless it is agreed in writing and signed by you and us.

16.2. Nothing in this Agreement is intended to, or shall be deemed to, create any legal partnership or joint venture between you and us, nor will either you or us be the agent of the other.

16.3. We may transfer or sub-contract our rights and obligations under this Agreement to another organisation.

16.4. You may only transfer your rights or your obligations under this Agreement to another organisation if we agree in writing.

16.5. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.

16.6. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.7. If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17. Law

This Agreement is governed by and to be interpreted in accordance with English law. You and we both agree to submit to the exclusive jurisdiction of the courts of England and Wales in relation to any disputes which arises under or in connection with this Agreement.