BACKGROUND:

 

These Terms and Conditions are the standard terms for the provision of services  by Endeavour Training and Assessment UK Limited, trading as Endeavour Training, a Company registered in England under number 10213879 ,whose registered address is 4th Floor Dudley House, 169 Piccadilly, London, England, W1J 9EH.

 

1.             Definitions and Interpretation 

1.1          In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Business Day”	means any day other than a Saturday, Sunday or bank holiday in London;
“Calendar Day”	means any day of the year;
“Contract”	means the contract for the provision of Services, as explained in Clause 3;
“Initial Payment”	means an advance payment made to Us under sub-Clause 5.6;
“Month”	means a calendar month;
“Payment Plan”	means the payment schedule as agreed in writing between Us and you;
“Price”	means the price payable for the Services;
“Services”	means providing access to the specialised training platform and programme for the purposes of providing the materials for you to obtain the Qualification(s) as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price”	means a special offer price payable for Services which We may offer from time to time;
“Order”	means your order for the Services which is attached
“Order Confirmation”     “Qualification(s)”	means Our acceptance and confirmation of your Order as described in Clause 3;   means the Management NVQ qualifications and MCIOB qualifications which are being provided exclusively by Us within the construction industry;
“We/Us/Our”	means Endeavour Training and Assessment UK Limited, trading as Endeavour Training, a Company registered in England under number 10213879, whose registered address is 4th Floor Dudley House, 169 Piccadilly, London, England, W1J 9EH.

 

1.2        Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail or other means.

2.             Information About Us

2.1         Endeavour Training and Assessment UK Limited, trading as Endeavour Training, a Company registered in England under number 10213879, whose registered address is 4th Floor Dudley House, 169 Piccadilly, London, England, W1J 9EH

2.2          Our VAT number is 244190814

2.3          We are regulated by Edexcel Pearson

3.           The Contract

3.1        These Terms and Conditions govern the sale and provision of the Services by Us and will form the basis of the Contract between Us and you.  Before submitting an Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.

3.2        Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at our discretion, accept.

3.3          A legally binding contract between Us and you will be created upon our acceptance of your Order and our confirmation of receipt of your Initial Payment, indicated by Our Order Confirmation.  Order Confirmations will be provided in writing.

3.4          We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

3.4.1     The main characteristics of the Services;

3.4.2       Our identity (set out above in Clause 2) and contact details (as set out below in Clause 15);

3.4.3       The total Price for the Services including taxes;

3.4.4       The arrangements for payment, performance and the time by which (or within which) We undertake to provide the Services;

3.4.5      Our complaints handling policy;

4.             Orders

4.1          All Orders for Services made by you will be subject to these Terms and Conditions.

4.2         You may change your Order at any time before We begin providing the Services by contacting Us.  Requests to change Orders must be made in writing.

4.3          If your Order is changed We will inform you of any change to the Price in writing.

4.4          You may cancel your Order within 14 days of placing it. (Cooling Off Period) If you have already made any payments to Us under Clause 5 (including, but not limited to the Initial Payment), subject to sub-Clause 5.7, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation.  If you request that your Order be cancelled, you must confirm this in writing.  If you wish to cancel your Order for the Services after the Cooling Off Period, or once We have begun providing the Services, please refer to Clause 12.

4.5          We may cancel your Order at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control.  If such cancellation is necessary, We will inform you as soon as is reasonably possible.  If you have made any payments to Us under Clause 5, including the Initial Payment, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation.  Cancellations will be confirmed in writing or by email.

5.  Price and Payment

5.1          The Price of the Services will be that shown in Our price list in place at the time of your Order.  If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.

5.2          If We quote a Special Price which is different to the Price shown in Our current price list, the Special Price will be valid for 7 Calendar Days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired

5.3          Our Prices may change at any time but these changes will not affect Orders that We have already accepted.

5.4          If applicable, the Price will be paid in terms of a Payment Plan if we have agreed to this and it is set out on your Order Confirmation.

5.5          All Prices include VAT (unless VAT is not applicable). If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment in full from you.

5.6          Unless your Payment Plan provides that the full Price will be paid upfront, before We begin providing the Qualification, you will be required to pay an Initial Payment of 50% of the total Price for the Services.  The due date for payment of your Initial Payment will be included in the Order Confirmation.

5.7         If during the Cooling-off Period, your Order is cancelled, your payment may be refunded in full or in part.  The amount due, if any, will be calculated based upon the Price for the Services, Our price list, the amount of work (if any) already undertaken by Us and any costs and/or expenses we have incurred in providing the Services to you.  Please refer to sub-Clauses 4.4 and 4.5 if your Order is cancelled during the Cooling-Off Period, or to Clause 12 if the Services are cancelled after we have begun providing the Services or the Cooling-Off Period has expired.

5.8          If applicable, the balance of the Price will be payable under the terms of your  Payment Plan. If you have completed the Qualification prior to all payments due under your Payment Plan becoming due then all outstanding sums will become due immediately on completion of the Qualification.

5.9          We accept the following methods of payment: electronic transfer of immediately available funds to the following account Santander Account Name: ENDEAVOUR TRAINING AND ASSESSMENT UK LIMITED Account No: 00826194 Sort Code: 09-01-29; Credit/debit cards; and Cheque

5.10       We may accept payment by a sponsor, e.g. your employer or other organisation by prior agreement with Us. You will need to organise this with Us before we begin providing the Services. You are required to have secured the written agreement of the Sponsor to pay the Price before we will accept your Order.

5.11       If your sponsor, employer or another organisation is paying the Price on your behalf in accordance with Clause 5.10 and wishes to be invoiced by Us, please ask them to contact Us.

5.12    If you do not make payment to Us by the due date as shown in/on the Order Confirmation and/or the Payment Plan. We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of Natwest Group Plc from time to time.  Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.

5.13       The provisions of sub-Clause 5.12 will not apply if you have promptly contacted Us to dispute an invoice in good faith.  No interest will accrue while such a dispute is ongoing.

6.  Providing the Services

6.1      As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the sector/ industry, and in accordance with any information provided by Us about the Services and about Us.

6.2          We will begin providing the Services on the date confirmed in Our Order Confirmation.

6.3          We will make the Services available for a period of 12 months (“Availability Period”), if you do notcomplete the Qualification within this period then we shall cease to make the Services available to youand you will not be entitled to a refund and all amounts still owing will become due.

6.4          We will make every reasonable effort to provide the Services in a timely manner (and in accordance with your Order).  We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please see Clause 12 for events outside of Our control.

6.5          If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.  

6.6          If the information or action required of you under sub-Clause 6.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.  If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.

6.7          In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.5, We may suspend the Services (and will inform you of that suspension in writing).

6.8          In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue.  Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.

6.9          If the Services are suspended under sub-Clauses 6.7 or 6.8, you will not be required to pay for them during the period of suspension.  You must, however, pay any invoices that you have already received from Us by their due date(s).

6.10       If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due.  If this happens, We will inform you in writing.  This does not affect Our right to charge you interest under sub-Clause 5.12.

6.11       We may make any changes to the Services which are necessary to ensure that they comply with any applicable law or satisfy regulatory or academic quality requirements or which do not materially affect the nature or quality of the Services and we will notify you of any such changes. 

7.             Your Obligations

7.1          You must: 

(a)   ensure that you are comfortable that you have a level of spoken and written English sufficient to allow you to fully participate and benefit from the Services and your chosen Qualification; 

(b)   conduct yourself in a professional and courteous manner and refrain from causing offence or nuisance to us, our staff or other learners; 

(c)    observe strict confidentiality and not provide access to, or share login details or content of Services with any other person; 

(d)   attend all pre-booked appointments We agree to provide as part of the Services and acknowledge the terms of Clause 8 will apply if you fail to attend; and

(e)   refrain from using any audio or visual recording equipment during the pre-booked appointments

7.2          You agree to:

(a)   provide your own computing equipment which is suitable for your receipt of the Services, including but not limited to hardware, software and internet bandwidth as required; 

(b)   ensure you have the necessary equipment and materials available for the Services, as specified in the course materials; 

 

7.3          You should always keep separate copies of work you upload onto the platform. To the extent permitted by law, we accept no liability whatsoever for loss, destruction or corruption of or to data or content uploaded onto the platform.

7.4          You acknowledge and agree that failure to comply with Clause 7 above may limit your progress on your chosen Qualification. 

8.             Non-attendance of Appointments 

8.1          In circumstances that the Services are being delivered by way of a pre-booked appointment either in person or via a video call then you  must give 48 hours’ notice to Us if you are unable to attend the pre-booked appointment which we have agreed to be provide to you as part of the Services. 

8.2          If you fail to provide 48 hours’ notice under Clause 8.1, We will charge you £100 for each missed appointment (“Cancellation Charge”). We will invoice you for the Cancellation Charge(s) either:

(a)  once you have completed the course; or

(b)  on expiry of the Availability Period

We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. We will not certify your Qualification until payment of the Cancellation Charges has been received by Us.  

9.             Problems with the Services and Your Legal Rights

9.1          We always use reasonable efforts to ensure that Our provision of the Services is trouble-free.  If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible (you must contact Us in writing).

9.2          We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical. 

9.3          We will not charge you for remedying problems under this Clause 9 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault.  If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.6 will apply and We may charge you for remedial work.

9.4          If you are  a consumer, you have certain legal rights with respect to the purchase of Services.  For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.  If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.  If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price.  If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.  In addition to your legal rights relating directly to the Qualification, You also have remedies if We use materials that are faulty or incorrectly described.

10.             Our Liability

10.1          We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors).  Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

10.2          Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

10.3          Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.

10.4          Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.  For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

11.             Events Outside of Our Control (Force Majeure)

11.1          We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

11.2          If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

        11.2.1       We will inform you as soon as is reasonably possible;

        11.2.2       Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

        11.2.3       We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

        11.2.4       If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause.        Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;

        11.2.5       If the event outside of Our control continues for more than 4 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.

12.             Cancellation

12.1          If you wish to cancel your Order for the Services before the Cooling-Off Period has expired, you may do so under sub-Clause 4.4.

12.2          After the Cooling- Off Period has expired, then the Initial Payment and all other payments already made under the Payment Plan will be non-refundable.

12.3          Once We have begun providing the Services, subject to Clause 4.4, then no refund will be due and if there are outstanding sums due under the Payment Plan We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.

12.4          Subject to the longstop in Clause 6.3, if any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.  You will not be required to give 14 Calendar Days notice in these circumstances:

          12.4.1       We have breached the Contract in any material way and have failed to remedy that breach within 14 Calendar Days of you asking Us to do so in writing; or

          12.4.2       We are unable to provide the Qualification due to an event outside of Our control (as under sub-Clause 11.2.4); or

          12.4.3       We change these Terms and Conditions to your material disadvantage.

12.5          We may cancel your Order for the Services before the Qualification(s) begin under sub-Clause 4.5.

12.6          Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving you 14 Calendar Days written notice.  If you have made any payment to Us for any Services which you have not yet completed, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.

12.7          If any of the following occur, We may cease to provide the Services and the Contract immediately by giving you notice by writing or by email.  If you have made any payment to Us in accordance with your Payment Plan for any Services which you have not yet completed, any sums which have been paid under the Payment Plan will not refunded and We will invoice you for those sums which you have not paid in accordance with your Payment Plan and you will be required to make payment in accordance with Clause 5.  We will not be required to give 14 Calendar Days notice in these circumstances:

           12.7.1       You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.12);

           12.7.2       You have breached any of your obligations under Clause 7;

           12.7.3       You have breached the minimum age requirement under Clause 14;

           12.7.4       You have breached the Contract in any material way and have failed to remedy that breach within 14 Calendar Days of Us asking you to do so in writing; 

            12.7.5       We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 11.2.5).

 12.8          For the purposes of this Clause 12 (and in particular, sub-Clauses 12.4.1 and 12.7.4) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 12.4.1 and Us under sub-Clause 12.7.4).  In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

 13.             Additional Conditions

We may impose conditions on your study or vary the terms on which you study and your access to services and facilities notwithstanding anything in these Terms and Conditions if, in our opinion, it is reasonably necessary to do so in order to comply with our duties to protect the health and safety of learners, staff, contractors and members of the public, our duties with respect to the safeguarding of young persons or vulnerable adults or in order to comply with our obligations under the Equalities Act 2010 or any other statutory duty or obligation.

14.             Minimum Age Requirement 

We cannot accept your Order unless you are aged 18 or over. By submitting your Order for your chosen Qualification you warrant that you are aged 18 or over. If you continue with the Services and we discover you are below the age of we will be entitled to cancel this Contract on written notice to you. If this occurs after you have made payment to us your payment will be refunded in full or in part. The amount due, if any, will be calculated based upon the Price for the Services, Our price list, the amount of work (if any) already undertaken by Us and any costs and/or expenses we have incurred.

15.             Communication and Contact Details

15.1          If you wish to contact Us, you may do so by telephone at 0203 1304 887 or by email at [email protected].

15.2          In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services).  When contacting Us in writing you may use the following methods:

            15.2.1       Contact Us by email at [email protected]; or

            15.2.2       Contact Us by pre-paid post at Endeavour Training and Assessment UK Limited, 4th Floor Dudley House, 169 Piccadilly, London, England, W1J 9EH.

16.             Complaints and Feedback

16.1          We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

16.2          If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways:

            16.2.1       In writing, addressed to Endeavour Training and Assessment UK Limited, 4th Floor Dudley House, 169 Piccadilly, London, England, W1J 9EH;

            16.2.2       By email, addressed to [email protected];

            16.2.3       By contacting Us by telephone on 0203 1304 887 

17.             How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Policy available from https://endeavour-group.ltd/privacy-policy/. 

18.             Other Important Terms

18.1          We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

18.2          You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

18.3          The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

18.4          If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

18.5          No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision. 

19.             Governing Law and Jurisdiction

19.1          These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales. 

19.2          As a consumer, you will benefit from any mandatory provisions of the law in your country of residence.  Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.

19.3          Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, as determined by your residency.