Terms & Conditions

ESP Professional Services Terms & Conditions of Business – ESP Training Services

SEE ALSO: ‘MANAGING MEDICATION TRAINING COURSE DISCLAIMER’  

 

 

General Terms and Condition

Course Accreditation and Portfolio/Worksheet Submission Instructions

November 11 2017

 

INFORMATION REGARDING COURSE ACCREDITATION AND SUBMISSION OF PORTFOLIOS AND WORKSHEETS

1. For the one-day Level 1 course, test papers are to be completed and submitted on the day of the test before delegates leave the training venue. The course must in all but very exceptional circumstances (such as a medical emergency) be completed before the accreditation test can be taken. The test can be taken even if not booked prior to the course. Test paper submissions made after the course date may be accepted by One Awards at the discretion of the training provider ESP. However these will be subject to a late submission charge of £55 + VAT to cover the cost of processing the submission. Test papers will be emailed to the examinee and must be returned by email to espportfolios@btinternet.com at least 5 working days after the course. Registration with One Awards and processing of late submitted Worksheets will not take place until the late fee payment has been received by ESP.

 

2. For the Level 2 and 3 courses, the submission of portfolios of a satisfactory quality is required before Credits can be awarded. Delegates wishing to submit portfolios will be required to complete a form (which will be provided by the trainer) showing the date by which the portfolio must be submitted. Portfolios submitted after the date shown may be accepted in exceptional circumstances by One Awards at the discretion of the training provider ESP. However these will be subject to a late submission charge of £55 + VAT to cover the cost of processing the submission. Registration with One Awards and processing of late submitted portfolios will not take place until the late fee payment has been received by ESP.

PLEASE NOTE: PORTFOLIOS WILL ONLY BE ACCEPTED IF SUBMITTED IN ELECTRONIC FORM AND DELIVERED TO THE ESP PORTFOLIO EMAIL ADDRESS.

The address for portfolio submissions is: espportfolios@btinternet.com Acknowledgement of receipt will be emailed.

 

SUBMISSION OF PORTFOLIOS AND WORKSHEETS (ON LINE DISTANCE LEARNING COURSES)

3. For on-line distance learning courses portfolios, worksheets and test papers may be submitted electronically to the above email address at any time up to 12 months after registration. Submission to One Awards will be made as soon as possible after submission and internal ESP assessment process are completed

 

MANAGING MEDICATION COURSES - ACCREDITATION

1. All managing medication courses are accredited through One Awards. Delegates will be registered for accreditation unless they (or their representative) request not to be registered or request de-registration at least 8 days prior to the course. The registration process involves payment of a registration fee which is normally added to the course booking fee. This is indicated on the course payment invoice. Less than 8 days before the course accreditation may be declined but no refund will be made.

2. Delegates attending the courses who are already marked as registered for accreditation may decide they do not want to go ahead with pre-selected registration, but the fee will not be refunded.

3. Fees for delegates on distance learning courses are included in the registration cost.

 

General Terms & Conditions:

 

Our details

The full name of our company is ESP Professional Services. We are registered in England & Wales under registration number 7433104

Our registered address is 109 – 111 Parliament Road, Middlesbrough TS1 4JE. You can contact us by email at: contactus@espprofessionalservices.com

 

Conditions of Service

Welcome to ESP Professional services Ltd. ESP provides access to the espprofessionalservices.com website (the “website”) and provides our services to you subject to the conditions set out on this page. Please read these conditions carefully before using our services. By using the espprofessionalservices.com website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future ESP Professional Services Ltd service, you will also be subject to the terms, guidelines and conditions applicable to that service.

 

These terms and conditions and the registration form comprise the agreement pursuant to which ESP Professional Services provides training courses to the customer at any location.

 

1. DEFINITIONS

1.1. “Courses” means educational training offered by ESP Professional Services at locations specified by ESP Professional Services including INSET sessions.

1.2. “Customers” means the person, school, firm or corporation identified as enrolling on a course by way of a and method defined in Sections 2.2 and 3.2.

1.3. “Course Materials” means any documentation, listings, instructions and statements in either machine-readable or printed form.

 

2. PAYMENT TERMS

2.1. Full payment must be received no later than 30 days after the invoice date.

2.1a Failure to pay with in the 30 day period may mean that the delegate is excluded from the event. In this case the delegate or their employing organization will still be liable for the fee and all other fees and charges.

2.2. Requests made for a place on a course or event by email, phone, fax, or letter will constitute a firm and legally binding booking and contract.

2.3 ESP reserves the right to charge late payment interest on outstanding invoices, of £40 together with any reasonable costs associated with additional administration costs incurred in pursuing late payments, or at the rate of 50p per day after the required payment date together with any reasonable costs associated with additional administration costs incurred in pursuing late payments, whichever is the greater.

2.3.1. ESP Professional Services reserves the right to recover any reasonable debt collection costs in connection with this Agreement. Late payment will incur a charge of £40 at our discretion. Court action will be taken to collect monies owing without notice as and when we see fit. All costs of court actions will be recovered from the other party.

2.3.2. The employer of the person (whether this be the school or other employing organization) making the booking is liable for all unpaid invoices.

2.4. Prices are inclusive of tuition, course materials, and reasonable use of training equipment by the Customer for the period of the Course, but not examination fees, lunch, and any travel, accommodation or living expenses which the Customer may incur.

 

3. CANCELLATION, RESCHEDULING OR CHANGE OF A COURSE OR PROGRAMME AND ORDERING INCLUDING INSET AND DISTANCE LEARNING COURSES SESSIONS

3.1. ESP Professional Services reserves the right to cancel, reschedule or change the location of a course, if in the opinion of ESP, such an action is necessary. ESP will make best efforts to notify the customer as soon as the change is made. If despite our efforts notification is not received by the delegate ESP accepts no liability. In such circumstances, the customer has the option to attend the rescheduled course, but shall not otherwise be entitled to refunds, compensation or costs or damages arising from such a cancellation or changes. These terms also apply in cases where changes are necessary as a result of actual or planned industrial action or Force majeure.

3.1.1. Customers may cancel a course place or booking providing that written notice is given to ESP Professional Services prior to the start date of the course. In the case of such cancellations, the following clauses and penalties apply:

3.1.2. More than 56 days prior to start date a cancellation fee of 50% of the course fee will be payable.

3.1.3. Less than 56 days prior to start date 75% of total Course fee will be payable.

3.1.4. Less than 28 days prior to start date 100% of total Course Fee will be payable

3.1.5 Distance Learning courses can be cancelled by the booker at any time free of charge up to 3 days after booking. After then the full course fee must be paid.

3.2. Orders for event places are considered to be valid and legally enforceable whether given by phone, email, fax, verbally or other means of communication by the delegate or employer or representative of the delegate or employer and if accepted by ESP. No order form will be issued unless specifically requested. The terms and conditions relating to cancellations apply completely to accepted orders no matter how they are placed.

3.3. Requests by delegates for transfers to another course or event at a later date constitutes a cancellation by the delegate of the original booking and the cancellation fees defined above apply. Bookings on any other course will attract the full course fee. Any discount offered is at the discretion of ESP and the delegate had no contractual right to any such discount. At the discretion of the Directors ESP may offer a transfer to another course, but only if the fees for the original course have been paid. In this situation a transfer fee of £35+ VAT must be paid before the transfer will be validated.

3.4. Strike action by teaching unions or members thereof shall not exempt delegates from the cancellation fee charges or from the condition on para 3.3

 

4. INTELLECTUAL PROPERTY

4.1. ESP Professional Services grants the customer a non-transferable, non-exclusive license to use ESP Professional Services products (including information, training material content, software and data) under the terms of this Agreement. This is in addition subject to any ownership and copyright restrictions of the owner of the material.

4.2. This license terminates upon termination of this Agreement for whatever reason.

4.3. The customer warrants that they shall only use ESP products for their own educational purposes and shall not, without ESP’s prior written consent, copy, make available, retransmit, reproduce, sell, disseminate, license, distribute, publish, broadcast or otherwise circulate ESP’s products (or any part of them) to any person other than in accordance with this Agreement.

4.4. The customer shall fully indemnify ESP in respect of any infringement of any intellectual property rights arising as a result of their use of ESP’s products in breach of this Agreement.

 

5. FORCE MAJEURE

5.1. ESP shall not be in breach of these Terms and Conditions if there is any total or partial failure of performance by it or its duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, adverse weather, alien invasion, prevention from or hindrance from obtaining any raw materials or energy, sickness or other causes beyond its reasonable control.

 

6. DATA PROTECTION

6.1. Customers agree that, in relation to information held from time to time, ESP Professional Services may:

6.1.1. Use the information to perform their obligations and enforce rights under these Terms and Conditions of Business.

6.1.2. Use the information to inform Customers about courses, products or services which may be of interest to them.

6.1.3. Use the information to inform Customers of feedback and exam results.

6.1.4. Communicate with the Customer and Delegates regarding their progress, results and attendance.

6.2. Customers have the right to receive details of the personal information held by ESP. A fee of £30 will be

6.3. In the event that Customers do not wish to receive correspondence from ESP a written request should either be sent to the registered office or emailed to contactus@espprofessionalservices.com

 

7. CHANGE OF ADDRESS OR OTHER CONTACT DETAILS

7.1. ESP must be notified in writing of any change in customer’s contact details, including the email address specified on the customer’s registration form.

 

8. SECURITY

8.1. Personal possessions are the sole responsibility of the customer and ESP Professional Services accepts no responsibility for anything that is lost or stolen from its venues. Customers are advised to keep valuables with them at all times.

 

9. NOTICES

9.1. Any notices required to be served by ESP Professional Services will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address notified by the customer, at ESP Professional Services’ discretion.

 

10. LIMITATION OF LIABILITY

10.1. The liability for ESP Professional Services for direct losses arising out of their negligence, breach of contract or any other cause of action arising out of or in connection with this Agreement shall be limited to the cash receipts from the customer (or employer) for the course or study materials.

10.2. ESP shall not be liable for any indirect or consequential loss whether arising from negligence, breach of contract or otherwise.

10.3. The Managing Medication Training Course Disclaimer is provided to all delegates at the courses and applies to all delegates in totality.

 

11. WARRANTY

11.1. ESP warrants that study materials will be of satisfactory quality but does not warrant that study materials will be error free.

11.2. ESP warrants that it will perform any services under this Agreement with reasonable skill and care.

11.3. These warranties are provided in lieu of all other warranties express or implied which are hereby excluded to the fullest extent permitted by law.

 

12. VALIDITY

12.1. If any provision of this Agreement is held to be invalid or enforceable by any tribunal of competent jurisdiction, the remaining provisions shall not be affected and shall be carried out as closely as possible according to the original intent.

 

13. JURISDICTION

These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

 

14. CRB CLEARANCE CERTIFICATION

It is the absolute responsibility of the customer to inform ESP if the trainer(s) are required to have CRB clearance and to satisfy themselves that the trainers(s) they use have such clearance. The responsibility of ESP is limited to requiring the trainer to provide the relevant documentary evidence to ESP for its records if a setting requests evidence. Such evidence will be made available to the customer on request in good faith and to the best of our ability based on the information provided to us by the trainer. ESP has no actual, implied, or other liability whatsoever should the trainer(s) provided by ESP not meet the CRB requirements of the customer. Liability shall lie with the trainer at all times and in all circumstances.

 

15. CERTIFICATES

One Award Certificates will not be issued unless the course fee and all other fees due have been paid in full and the requirements of the accrediting body and ESP have been net.

 

16 UNACCEPTABLE BEHAVIOUR

Aggressive and/or threatening behaviour and any other conduct likely to cause offense or harm to others will not be tolerated on ESP courses, including, without limitation: -Offensive and/ or racist language and behaviour -Acting in an unsafe manner -Harassment of others -Damage or defacement of property -Disruption to the work or recreation of others –Taking or bringing alcohol or drugs into the learning environment.

Any attendee guilty of such behaviour will be removed from the course and all fees paid will be forfeit. If any student’s behaviour results in breaches of the law, ‘ESP’ and the relevant venue reserves the right to involve the police and to prosecute the individual(s) concerned.

 

17 INTRODUCTIONS

17.1 Introductions of Trainers and Consultants by the customer are prohibited for a period of 6 months after the delivery of an agreed service to the customer. The disclosure by the customer to a third party of any details regarding a Trainer or Consultant provided to the customer by ESP which results in an engagement with that third party within 6 months of the introduction renders the customer liable to payment of a fee as set out below with no entitlement to any refund.

£0 – £500 14% £500 – £1,000 16% £1000 plus 18%

17.2 An introduction fee calculated in accordance with the above will be charged in relation to any Trainer or Consultant engaged as a consequence of or resulting from an introduction by or through ESP, whether direct or indirect, within 6 months from the date of the introduction.

17.3 Where the amount of the actual Remuneration is not known ESP will charge a fee calculated in accordance with the above on the minimum level of remuneration applicable for the position in which the Trainer or Consultant has been engaged with regard to any information supplied to ESP by the customer and/or comparable positions in the market generally for such positions.

 

18 SUBSEQUENT BOOKINGS

18.1 Direct approaches by clients at training or consultancy events organised by ESP (or for a period of 6 months after the event), to the Trainer or Consultants for subsequent work must be referred directly to ESP by the Trainer or Consultant. Failure to do this may lead to a penalty of £2000 per day of subsequent work being applied to the Trainer or Consultant and/or the customer.

18.2 The customer may not approach the Trainer or Consultant for additional, further or related services for a period of 6 months after the date of the latest provision of service to that customer without first contacting ESP. ESP retains prior rights to negotiate the provision of the subsequent service.

 

19 SUBMISSION OF PORTFOLIOS AND WORKSHEETS (SEE ALSO ABOVE RELATING TO DISTANCE LEARNING COURSES)

19.1 For the one-day Level 1 course, test papers are to be completed and submitted on the day of the test before delegates leave the training venue. The course must in all but very exceptional circumstances (such as a medical emergency) be completed before the accreditation test can be taken. The test can be taken even if not booked prior to the course. Test paper submissions made after the course date may be accepted by One Awards at the discretion of the training provider ESP. However these will be subject to a late submission charge of £55 + VAT to cover the cost of processing the submission. Test papers will be emailed to the examinee and must be returned by email to espportfolios@btinternet.com at least 5 working days after the course. Registration with One Awards and processing of late submitted Worksheets will not take place until the late fee payment has been received by ESP.

19.2 For the Level 2 and 3 courses, the submission of portfolios of a satisfactory quality is required before Credits can be awarded. Delegates wishing to submit portfolios will be required to complete a form (which will be provided by the trainer) showing the date by which the portfolio must be submitted. Portfolios submitted after the date shown may be may be accepted by One Awards at the discretion of the training provider ESP. However these will be subject to a late submission charge of £55 + VAT to cover the cost of processing the submission. Registration with One Awards and processing of late submitted portfolios will not take place until the late fee payment has been received by ESP. PLEASE NOTE: PORTFOLIOS WILL ONLY BE ACCEPTED IF SUBMITTED IN ELECTRONIC FORM AND DELIVERED TO THE ESP PORTFOLIO EMAIL ADDRESS. The address for portfolio submissions is: espportfolios@btinternet.com Acknowledgement of receipt will be emailed.

 

20 ACCREDITATION OF MANAGING MEDICATION COURSES (SEE ALSO ABOVE RELATING TO DISTANCE LEARNING COURSES)

20.1 All managing medication courses are accredited through the One Awards. Delegates who book on these courses have the option of taking the accreditation test/submitting portfolios or not. Delegates will be automatically registered for accreditation unless they (or their representative) request not to be registered or request de-registration at least 8 days prior to the course. The registration process involves payment of a registration fee which is normally added to the course booking fee. This is indicated on the course payment invoice.

Delegates attending the courses who are already marked as registered for accreditation will be asked before the start of the course to sign to confirm that they want to go ahead with accreditation. If delegates decide they do not want to go ahead with pre-selected registration they should leave the confirmation signature box clear. In this case the accreditation fee will not be returned.

Delegates who have not been registered for accreditation before the course may opt for accreditation during registration by signing the accreditation box. The registration form makes it clear that these delegates (normally their school) will be charged the registration fee applicable at that time.

 

21 ADVERTISING

ESP will advertise to potential clients as it sees fit. Requests to no longer receive advertising material will be acted on as soon as is reasonably possible. If despite our best efforts, we are not able to prevent advertising material reaching a recipient who does not want it ESP can accept no liability nor cannot ESP be held to be at fault.

 

 

 

Who Are ESP

Courses For

Contact

ESP is a One Awards Accredited Training Centre providing high quality professional services mainly to schools and child care settings across the UK.

ESP offers a full range of outstanding, innovative professional training and related services founded on an internationally recognized and proven reputation for excellence and success.

  • Early Years
  • Local Authority
  • Nursery
  • Primary
  • Secondary
  • Special Schools

Head Office

109-111 Parliament Road, Middlesbrough TS1 4JE

Telephone

01642 803454

Email

contactus@espprofessionalservices.com

ESP Professional Services Ltd © All Rights Reserved