1. Definitions

“Business Days” means a day other than a Saturday or a Sunday on which banks are open for general business in London, England.

“Deemed Start Date” means the date 36 hours prior to the first scheduled teaching session.

“Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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 or other natural disaster, or failure of public or private telecommunications networks.

“Services” means the teaching services to be provided by us to you pursuant to the terms and conditions set out below.

“User” means any individual or organisation accessing or using our website for the purpose of the Services.

“we” / “us” / “Supplier” means EVOLVE Distance Learning Limited, a limited liability company incorporated in England and Wales with registration number 09531313 and registered office at 4 Ash Close, Great Sutton, Ellesmere Port, Cheshire, CH66 2XY, England.

“you” / “the Client” / “User” means the education establishment entering into this agreement for the provision of teaching services provided by EVOLVE Distance Learning Limited.

2. How The Contract Is Formed Between You And Us

2.1 Once you have received your registration form, you have 15 Business Days to complete and submit your registration form to us via email by sending it to office@evolvedistancelearning.co.uk, you will then receive an email from us acknowledging that we have received your request. However, please note that this does not mean that your request has been accepted. We will confirm our acceptance to you by sending you a confirmatory email. The Contract between us will only be formed when we send you the confirmatory email.

2.2 If for any reason we are unable to supply you with Teaching Services, we will inform you as soon as possible.

3. Start And End Date Of Services

The Services will begin on the first day of the academic year for which you have contracted for and will end on the last day of that academic year. This is a one academic year contract. There is no assumption of automatic renewal of the contract for subsequent academic years. Contract for service must be made for each academic year the Client wishes to offer the service to his students.

4. Minimum Subscription

When you subscribe, you will be required to subscribe for Services for a period of at least one academic term.

5. Price And Payment

5.1 Start with ‘prices are based on individual client requirements and take into account number of students, level of course and sessions per week.’

A non-refundable 40% deposit is required to secure a place on the course. This payment is to be made via BACS or cheque at the time of submitting your registration form.

The remaining 60% is calculated when final numbers for the course are confirmed by the school and will be payable in equal instalments on the 15th calendar day of each month from September to July of the academic year the service is provided. If the 15th day of the month is to fall on a weekend or bank holiday, payment must be made on the working day prior to the 15th.

5.2 Exclusivity Service require a non-refundable 40% deposit of the package cost to secure a booking. The deposit is payable in two equal, consecutive monthly instalments, the first being payable at the time of submitting your registration form via BACS or cheque. The remaining 60% will be payable in equal instalments on the 15th calendar day of each month from September to July of the academic year the service is provided. If the 15th day of the month is to fall on a weekend or bank holiday, payment must be made on the working day prior to the 15th.

5.3 Late payment will incur a 5% fee which will be added to the next invoice sent following the late payment.  Invoices will be sent by email from the supplier to the client on the 1st of each month. Payment of the invoice is to be made by BACS or cheque. If paying by cheque, it must be sent by signed for delivery and arrive at the suppliers office by the 15th day of the month.

5.4 The prices of Services will be as quoted on our site from time to time. We take all reasonable care to ensure that the quoted prices are correct at the time when the relevant information was entered onto the system.  However if we discover an error in a price, we reserve the right not to accept your order for Services at the incorrect price.

5.5 Prices may change from time to time, but changes will not affect any order which we have confirmed.

5.6 The price our Services are inclusive of VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your request and the date of provision of the Teaching Services, we will adjust the VAT you pay, unless you have already paid in full before the change in VAT takes effect.

5.7 Sessions need to be taken in the academic year for which they are contracted. Sessions cannot be carried over from one academic year to another.

5.8 Discounts, promotions and special offers may not be combined.

6. Cancellation And Refund Policy

6.1 We will not provide refunds or additional teaching sessions where the registered student has missed or been unavailable for a scheduled session.

6.2 If you cancel your request for Services before you have received a confirmation email from us, you will receive a 100% refund of your deposit.

6.3 The below clauses apply to the second academic term as no refunds apply to the first academic term.

6.4 You agree that it will be necessary for a teacher to prepare each teaching session prior to it taking place in order to reflect the registered user’s individual needs and purposes. You therefore acknowledge and agree that the Service shall commence on the Deemed Start Date.

6.5 If you need to postpone scheduled teaching sessions, you must give written notice to us. Courses may not be postponed after the date of the first scheduled teaching session.

6.6 Any cancellation, postponement or refund request must be submitted in writing to us by email to office@evolvedistancelearning.co.uk.

6.7 If you cancel a contract for provision of Services before the Deemed Start Date for the first scheduled teaching session, we will provide you with a refund but reserve the right to charge you 25% of the total price paid to cover the costs incurred by us in connection with works carried out by us prior to cancellation, and to deduct this sum from the refund given to you. The amount refunded will be 75% of the monthly invoice.

6.8 If you cancel a Contract for provision of Services before the Deemed Start Date for the second scheduled teaching session, we will provide you with a refund of up to 50% of price that you have paid. The amount refunded will be up to 50% of the monthly invoice.

6.9 Cancellation requests made before the Deemed Start Date for the third scheduled teaching session will receive a 25% refund of the monthly invoice.

6.10 Cancellation requests received before the Deemed Start Date for the fourth and subsequent scheduled monthly sessions are non-refundable and the monthly invoice must be paid in full.

6.11 Refunds will be processed within 4 weeks of cancellation.

7. Use of our Site

7.1 Use of our site is governed by our terms of website use as shown in our Code of Conduct. Please take the time to read this, as it includes important terms which apply to all users of our site. As a subscriber you will be obliged to comply with these terms of use and ensure that the student users that you have subscribed on behalf of also comply with these. If you or students users fail to comply with the terms of website use, use of the site may be suspended or terminated.

7.2 You confirm that you have authority to bind any business, school or organisation on whose behalf you use our site to subscribe for Services.

7.3 Students must not make their online passwords available to any third parties, and courses are non-transferrable between students.

7.4 We reserve the right to suspend access to or require a student to leave a course (without refund) at any stage if that student is guilty of inappropriate conduct or behaviour or of acting, in our view, in any way which detrimentally affects the learning experience of others or other circumstances apply which we deem unacceptable.

8. Registering And Messaging Rules

8.1 In order to participate in sessions, the Client will be required to register with us. Any personal information supplied to us as part of this registration process and/or any other interaction with us will be collected, stored and used in accordance with the our privacy policy.

8.2 Users must register with a valid personal email address that they access regularly so that an email with the users personal log in details can be sent to them. If a user registers with someone else’s email address, or with temporary email addresses then his registration may be terminated without notice. We may require Users to re-validate their registration if we believe they have been using an invalid email address. We reserve the right to termination a registration if any User is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of registrations.

8.3 Users agree to use our Services in accordance with the following rules (the “Rules”):

8.3.1 No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble;

8.3.2 No unlawful or objectionable conduct: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, sexually oriented, racially offensive or otherwise objectionable material is not acceptable;

8.3.3 No spamming or off-topic material: discussions should be relevant to the topic in hand and must not include unsolicited promotional material;

8.3.4 No advertising or promoting: we do not allow advertising, promotions nor the posting of other web site addresses;

8.3.5 No impersonation;

8.3.6 No inappropriate user names or profile information; and

8.3.7 Users may not use the instant messaging facility to submit or share any defamatory or illegal material of any nature. This includes text, graphics, video, programs or audio. Submitting or sharing material with the intention of committing or promoting an illegal act is strictly prohibited. Users agree to submit to or share only contributions which are their own original work. Users must not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.

8.4 If a User fails to abide by the Rules (and any variations thereto) he will be sent an email which informs him why he has breached the Rules. This email will also include a warning that continuing to break the Rules may result in action being taken against him. This action may include the temporary or permanent suspension of his ability to participate in any Sessions. If we consider such breach of the Rules to be serious and/or repeated, we may use whatever information that is available to us about the User to stop any further such breaches. This may include informing relevant third parties such as the police, your employer, school or email provider about the infringement. We reserve the right to take action against any User or any account, at any time, for any reason. We reserve the right to termination a registration if a User disrupts any of our services in any way.

8.5 We reserve the absolute right to alter, suspend or discontinue any aspect of the Services or our website. Unless explicitly stated, any new features on our website, including but not limited to the release of new services, shall be subject to the Terms.

8.6 We aim to make our website available at all times but cannot guarantee that it will operate continuously or without interruptions nor that it will be error free. Users must not attempt to interfere with the proper working of our website and, in particular, users must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Site, router or any other internet connected device.

8.7 We cannot guarantee the continued availability of any teacher and accept no responsibility or liability for the withdrawal, removal or unavailability of the same.

9. Technical

9.1 We are neither an internet service provider nor a technical support team. We do not take responsibility for any problem concerning a technical issue regarding an individual’s or organisation’s personal computer or internet service provider.

9.2 Whilst we will use reasonable endeavours to ensure that the website is fully functioning providing a high quality of service, we cannot guarantee that the site will consistently be free from delays, interruptions or errors of any kind.

9.3 In the event that the site is infiltrated by an unauthorised party, we will not be held liable for any misuse of personal data.

10. Events Outside Our Control

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

10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you, and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

11. Linked Sites

Our web site may contain links to enable you to visit other web sites of interest easily. However, once you have used these links to leave our site you should note that we do not have any control over that other web site. Therefore, we cannot be responsible for the protection and privacy of any information, which you provide while visiting such sites and this privacy statement does not govern such sites. You should exercise caution and look at the privacy statement applicable to the website in question.

12. Expectations

Courses offered by us are examination courses. These examination courses require students to engage in independent work as well as attend timetabled sessions, whilst registered on the course and using our website students are to adhere to our behaviour policy and complete and submit work on time.  They are to fully engage in the learning process.

13. Services, Responsibilities And Obligations

13.1 Our responsibilities and obligations include:

13.1.1 to professionally deliver the courses for which the client has contracted for;

13.1.2 to set and mark work and provide feedback (oral or written) to the students registered on the course;

13.1.3 to provide a lesson feedback sheet sent to the link tutor via email on the Friday on the week the sessions took place;

13.1.4 to provide details of course textbooks to the link tutor in time for the school to purchase before the start of teaching the course;

13.1.5 at all times reasonably devote such time, attention and abilities to the Client’s business as may be necessary for the proper provision of the Services;

13.1.6 to maintain professional indemnity insurance for the duration of this agreement, and produce proof of such insurance on demand, and indemnify the Client in accordance with the limits detailed in clauses 13.1.6 (a) and (b) for any losses resulting from any legally valid claim covered by such insurance and related and confined to the torts of professional negligence.

(a) public liability insurance will have a limit on indemnity of £1,000,000; and (b) employer’s liability insurance will have a limit of £10,000,000.

13.2 Your responsibilities include:

13.2.1 to make payment of all invoices received from us in accordance with the time frames set out in paragraph 5 above;

13.2.2 to provide data on students necessary for the planning and organisation of the course;

13.2.3 to ensure that a member of staff is on call and available via telephone during the scheduled lessons for technical or behaviour support;

13.2.4 to ensure that parental permission is given where necessary for the students to be registered on the course;

13.2.5 to ensure that computers with internet access are available at the scheduled session time and that studentss log on to their lesson promptly;

13.2.6 to inform Evolve via email directly to their assigned teacher of any delays or cancelled sessions due to school visits or any other reason;

13.2.7 to ensure that headphones with microphones are made available to each pupil for each session;

13.2.8 to ensure that a school link tutor is appointed as a point of contact for communication between the supplier and client; and

13.2.9 to register pupils for the relevant exams and to pay all costs associated with such registration.

14. Teachers Attendance At School

14.1 The designated course teacher has a number of schools on his timetable and as such every effort will be made to attend the following meetings and events, however attendance cannot be guaranteed.

• Once a term in school meeting with registered students and staff linked to the course
• Options evening events
• Promotional events prior to the commencement of teaching the course

14.2 The following meetings are not included in the responsibilities of the teacher, requests can be made by the client to attend however expenses must be paid to the teacher if the teacher attends, for public transport (full return ticket costs plus booking and handling fees), vehicle mileage at 45 pence a mile for the return journey from their home to the client school, sustenance up to £25 per day, accommodation costs if required:

• Parents evening events
• INSET/training events/staff meetings

15. Timetable And Scheduled Sessions

15.1 As we provide our service to a number of schools and/or colleges we must run a standard one week timetable.  Sessions run for 60 minutes and take place between 8am and 5pm Monday to Thursday (excluding bank holidays and academic holidays). Sessions will be held at the same time on the same day each week. Sessions run during the academic year for which you have contracted.

The sessions are held at the following times:

8am – 9am
9am – 10am
10am – 11am
11am – 12 noon
12 noon – 1pm – LUNCH no sessions held
1pm – 2pm
2pm – 3pm
3pm – 4pm
4pm – 5pm

These session slots must be considered when timetabling other academic subjects at your school/college, unless you have booked an Exclusivity Service.

15.2 Exclusivity Service mean that we adopt your timetable lesson timings from Monday to Thursday. We recommend that each of our courses have five guided learning hours each week.

16. Confidentiality

16.1 The Supplier and its Teachers shall not at any time during or after the Term:

16.1.1 divulge or allow to be divulged to any party any confidential information relating to the business or affairs of the Client; this obligation of confidentiality will remain in force beyond the cessation or other termination of this Agreement;

16.1.2 do any deliberate act or conduct causing or calculated to cause damage to the reputation of the Client or endanger the commercial security of the Client; or

16.1.3 divulge or allow to be divulged to any person the terms and conditions of this Agreement, with the exception of any necessary professional advisor.

17. Control

The client shall not control, or have any right of control as to how the Supplier is to perform the Services. The client recognises that the Supplier offers specialist services at a high level of expertise and as such the Supplier cannot be told how to perform the contract works.

18. General

18.1 The Supplier shall be an independent company and neither the Supplier nor its personnel will be the servant of the Client.

18.2 The Supplier is free to enter into other contracts for services for other parties at any time either before, after or concurrently with this contract for services

18.3 This Agreement supersedes any prior agreement between the parties whether written or oral and any such prior agreements are cancelled as at the Commencement Date but without prejudice to any rights, which have already accrued to either of the parties.

18.4 Headings contained in this Agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.

18.5 All notices shall be sent by e-mail from office@evolvedistancelearning.co.uk. We shall send notices to Users at the email address provided to us during the registration process. Notices will be deemed received 24 hours after the email is sent.

18.6 If any provision or term of these terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.

18.7 Any failure or delay by us to exercise or enforce any right in these Terms does not waive our right to enforce that right

18.8 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

18.9 All intellectual property rights in our website are owned and will remain the property of us. No provision of these terms will cause any rights in the intellectual property to pass to the Client.

18.10 These terms and the User’s use of the website are governed by English law and both parties submit to the exclusive jurisdiction of the English courts.

19. Disclaimers And Limitation Of Liability

19.1 The views expressed by Users are theirs and unless specifically stated are not shared by us. We are not responsible for any information provided by Users via our website.

19.2 We are not responsible for the availability or content of any third party sites that are accessible through our website. Any links to third party websites from our website do not amount to any endorsement of that site by us and any use of that site by a User is at his own risk.

19.3 Nothing in the terms limits or excludes our liability for death or personal injury caused by our proven negligence. Subject to the previous sentence, we shall not be liable for any consequence, loss or damage of any nature whatsoever and howsoever arising (whether such damage or loss was foreseen, foreseeable, known or otherwise) out of or in connection with the viewing, use or performance of our website or its content, whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants or agents, or any other person. Such shall include (but not be limited to) loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect, consequential, special or exemplary damages arising from the use of our website regardless of the form of action.

19.4 We do not warrant that our website or any aspect of it will be uninterrupted or error free, that defects will be corrected, or that our website or the server that makes it available are free of viruses or bugs. All Users acknowledge that it is their responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.

19.5 Users are responsible for ensuring that their computer systems meet all relevant technical specifications necessary to use our website and that they are compatible with our website.

19.6 We accept no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material available on or through our website.

19.7 These terms will apply to any contract between us for the provision of Services to you as subscriber, for the benefit of your registered students. Please read these terms carefully and make sure that you understand them, before subscribing for Services. Please note that before subscribing you will be asked to agree to these terms.  You should print a copy of these Terms or save them to your computer for future reference.

19.8 We amend these terms from time to time. Every time you wish to subscribe for Services, please check these terms to ensure you understand the terms which will apply at that time.