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Terms of Business and GDPR terms and conditions

Terms of business

One Study Training Limited
Terms and Conditions of Business

1.All contracts for the provision of Public and In-house Courses by OneStudy Training Limited (“OneStudy”) are deemed to incorporate these Terms and Conditions of Business which shall prevail over any other document or communication between the parties unless otherwise agreed in writing.
In the event of any inconsistency between the Terms and Conditions on our website and any other document, the web-site takes precedence.

2.Definitions
2.1 “In-house course” means educational courses offered by OneStudy for an individual or corporate customer at a location specified by the customer.
2.2 “Public courses” means educational training offered by OneStudy at locations specified by Onestudy. These courses include training leading to a recognised professional qualification.
2.3 “Customer” means the person, firm or corporation identified as enrolling on a course by way of a relevant written confirmation of enrolment.
2.4 “Delegate” means a person attending an In-house course.
2.5 “Course Materials” means any documentation, listings instructions and statements in either machine-readable or printed form.

3.Booking and Payment
3.1 Full payment or authorisation to invoice must accompany the enrolment form.
3.2Authorisation to invoice is deemed to have been received when Onestudy receive the completed enrolment form.

3.3 If Authorisation to invoice employer is selected, this must be evidenced by a signature on the enrolment form.

3.4 Where OneStudy has received authorisation to invoice the following payment terms apply:
3.4.1 Full payment is due within 14 days from the date of the invoice.
3.4.2 Payment is due immediately if booking is made less than 14 days before the course start date.
3.4.3If OneStudy fails to receive full payment of the invoice by the course start date the student may be refused entry to the course.

3.5 OneStudy reserve the right to recover any reasonable debt collection costs in connection with obtaining full payment for the course.
3.6 OneStudy reserves the right to charge interest on late payments at 2.5% over Bank of England base rate.
3.7 Prices are inclusive of tuition, course materials, and the reasonable use of materials, publications and machines (where applicable) by the Customer or Delegate for the period of the Course. The price does not include examination fees, lunch, any travel, accommodation or living expenses which the Customer or Delegate may incur in attending the course.

4. Rights of Cancellation, Transfer and Postponement
4.1 Cancellation by OneStudy
OneStudy reserves the right to cancel or change a Public or In-house Course and undertakes to provide reasonable notice of the cancellation or change except in an emergency. The Customer will be entitled to a refund of any fee paid to OneStudy in the event of a cancellation but shall not otherwise be entitled to compensation or costs or damages arising from such a cancellation.


4.2 Postponement by OneStudy
Should it become necessary for OneStudy to postpone all or any part of a course, for any reason whatsoever then an alternative date will be offered. OneStudy will not be liable for any costs incurred by the Customer or Delegate for such actions.

4.3 Cancellation by the Customer
Customers may cancel an In-house or Public course. The clauses below shall apply:
4.3.1 If you cancel your Public course booking the following will apply:
4.3.1.2 14-7 days prior to start date = 50% of total Course Fee
4.3.1.3 Less than 7 days prior to start date = 100% of total Course Fee

4.3.2 If you cancel your In-house course booking the following will apply:
4.3.2.1 More than 28 days prior to start date = No charge
4.3.2.2 28-14 days prior to start date = 50% of total Course Fee
4.3.2.3 Less than 14 days prior to start date = 100% of total Course Fee

4.4 Pre Course Packs already dispatched will be charged for.

4.5 Customer Rights of Transfer

Subject to availability, and provided full payment has been received, and Onestudy is informed at least 14 days prior to the course date, it may be possible to transfer to an alternative course date for which a course transfer fee of 50% or £50, whichever is the lower, will be charged.


5 Intellectual Property
5.1 Copyright and all intellectual property rights for all Course Materials shall remain the property of OneStudy or the training supplier to OneStudy responsible for developing that course.

5.2 The Customer agrees not to reproduce, sell, hire or copy Course Materials (in whole or in part) and not to use such materials except for the purposes of post course reference.

5.3 The Customer warrants that they shall only use Course Materials for their own educational purposes and shall not, without OneStudy’s prior written consent, copy, make available, retransmit, reproduce, sell disseminate, licence, distribute, publish, broadcast or otherwise circulate Course Materials (or any part of them) to any person other than in accordance with these Terms and Conditions. The Customer shall fully indemnify OneStudy in respect of any infringement of intellectual property rights arising as a result of their use of Course Materials in breach of these Terms and Conditions.

6. Force Majeure
6.1 OneStudy shall not be in breach of these Terms and Condtions if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or other cause beyond its reasonable control.


7. OnePass scheme


7.1 This scheme enables students who have failed their exam and who have attended a full tuition course for the subject in question to attend the revision tuition course at the next available sitting offered by Onestudy for free.


7.2This offer is subject to availability.


7.3 The following conditions apply:
7.3.1The student must fully attend every tuition session on the full tuition course for the paper claimed under the OnePass scheme.
7.3.2The stipulated number of mock exams must be submitted by the student, by the dates given at the start of the course. The student must also attend the unseen mock (if applicable).
7.3.3The student must have achieved a minimum score of 30% on all mocks.
7.3.4The student must not have attempted more than three papers at any one sitting.
7.3.4The offer is strictly limited to one resit per student, per paper only.

7.3.5 Students must attend the free revision sessions as part of the OnePass Scheme at the next available sitting.

8.Personal Possessions

8.1 OneStudy takes no responsibility for Personal possessions and takes no responsibility for anything that is lost or stolen from its teaching venues.
8.2 Students are advised to keep valuables with them at all times.

9. Notices


9.1 Any notices required to be served by OneStudy under this Agreement will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address notified by the student, at OneStudy discretion. It is the students responsibility to update OneStudy of a change of address.

10. Limitation of Liability
10.1 The liability of OneStudy for direct losses arising out of their negligence (other than in respect of liability for death or personal injury), 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 student (or employer) for the course or study materials.
10.2 OneStudy shall not be liable for any indirect or consequential loss whether arising from negligence, breach of contract or otherwise.

11.Warranty
11.1 OneStudy warrants that all Public and In-house Courses supplied hereunder will be conducted in a professional manner in accordance with generally recognised practices and standards.
11.2 OneStudy warrants that it will provide appropriately qualified and experienced instructor(s) to deliver OneStudy Public and In-house courses.
11.3 OneStudy warrants that it will not knowingly include any copyright material in its Course Material without a license or without the consent of the copyright owner.
11.4 OneStudy warrants that all personnel provided by OneStudy are employees of or contracted to OneStudy.
11.5 Onestudy warrants that study materials will be of satisfactory quality but does not warrant that study materials will be error free.
11.6 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. Discounts
12.1 In the event that several discounts may apply to a course the Customer shall be
entitled only to one discount, at OneStudy’s discretion.

13. Data Protection


13.1 Customers agree that, in relation to information held from time to time, OneStudy may:
13.1.1 Use the information to perform their obligations and enforce rights under these Terms and Conditions of Business.
13.1.2Use the information to inform Customers about courses, products or services
which may be of interest to them.
13.1.3Use the information to inform Customers of feedback and exam results.
13.1.4 Communicate with the Customer and Delegates regarding their progress, results and attendance.


13.2 Customers have the right to receive details of the personal information held by OneStudy. A fee of £20 will be payable.


13.3 In the event that Customers do not wish to receive correspondence from OneStudy, a written request should either be sent to the registered office or emailed to info@onestudytraining.co.uk


14. Validity


14.1 If any provision of these Terms and Conditions of Business is held to be invalid or unenforceable 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.

15. Applicable Law
15.1 These terms and conditions shall be interpreted, construed and enforced in accordance with Jersey law and shall be subject to the exclusive jurisdiction of the Jersey courts.

15.2 These terms and conditions do not affect any statutory rights available to the Customer.

16. Change of address or other contact details

16. 1 OneStudy must be notified in writing of any change in a students contact details.

GDPR Terms and Conditions

These terms and conditions apply to the Service Contract (as defined below) unless otherwise expressed in the Service Contract.

Interpretation

OST – Onestudy Training Limited

Customer - the customer of OST pursuant to the Service Contract


Services:

·      Tuition (both classroom and in-house)

·      Room hire

·      Exam hosting

·      Mock marking

·      Book sales

·      Online learning

·      Accountancy/bookkeeping services.

·      Consultancy

·      Outsourcing

Service Contract

Any relevant contract for the purchase from OST and its affiliates of all services (together the “Services”) selected by the Customer.

Confidentiality

The Customer acknowledges that OST will be privy to confidential information belonging to the Customer. OST agrees to keep all confidential information belonging to the Customer confidential and secret, whether disclosed to or otherwise received by OST. OST has a published privacy policy, available on www.onestudytraining.co.uk. OST shall only use information belonging to the Customer for the purposes of performing OST’s obligations under the Service Contract.

These obligations shall not apply to any information which was:

(i)            known or in the possession of OST prior to the Service Contract;

(ii)           is, or becomes, publicly available through no fault of OST;

(iii)          is provided to OST without restriction or disclosure by a third party, who did not breach any confidentiality obligations by making such a disclosure;

(iv)        was developed by OST (or on its behalf) without the use or knowledge of, confidential information belonging to the Customer; or

(v)           is required to be disclosed by order of a court of competent jurisdiction.

Data Protection

OST holds and processes data to allow the performance of its services to its customers. Some of this data may be personal data subject to The Data Protection (Jersey) Law 2018 (DPR), or an equivalent law if held in another jurisdiction. OST are required to manage and process personal data lawfully and openly.

Data held by Onestudy Training Limited as Data Controller:

·      Business & trading names.


·      Trading addresses, and information on Customer activities.


·      Phone, e-mail and social media contact information.

·      Details on students, employers, training managers and tutors including their names, roles, titles and contact details.


·      Past communications with the Customer and its employees ( in the form of email, letter and phone records)


·      Details of the Customer’s IT installation and licensing.


·      Access codes and instructions for computer based exams

·      Mock exams and class exercises.

·      Date of Birth of students when required to sit ACCA computer based exams.

·      Comments, Complaints, Complements register

·      Health and Safety log

The data may be held for:

·      Accounting and Billing purposes.


·      Other associated business and sales activities.

·      Course administration; attendance, mock exams, student reports to employers.

Customer business data is held on a system called Administrate which is a Training Management System https://www.getadministrate.com. Full details of compliance between Administrate and GDPR is available on request. Administrate is the Data Processor for recording personal data.

Credit card payments are processed on a system called CItypay. Full details of compliance between Citypay and GDPR is available on request. Citypay is the data processor of personal data in respect of name and credit card details.

Personal data, may also be handled by OST as a Data Processor for some or all of the following purposes:

1.            Student reporting – A requirement where a student is funded by an employer. Opt in consent is given by the students for OST to release; attendance, mock scores and comments on performance. 


2.            ACCA platinum – OST is required to submit a list of students name, DOB and subjects to ACCA in order to fulfil its contract as a platinum provider.

3.            Installment agreements – OST requires contractual agreements for students who pay monthly. This encompasses name, address and bank details.

4.            Enrolment forms – OST requires a contractual enrolment form for a classroom course.

In regards to this processed data: OST shall

(a)  Process the Personal Data only on documented instructions, or under contract from our Customers. 


(b)  Ensure that persons authorised to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; 


(c)  Take all measures required pursuant to Article 21 of the DPR; 


(d)  Respect the conditions referred to in paragraphs (a) and (c) if engaging 
another processor or sub processor; 


(e)  Take into account the nature of the processing, assist Customers by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the customers obligation to respond to requests for exercising the data subject's rights laid down in PART 6 of the DPR; 


(f)  Assist Customers in ensuring compliance with the obligations pursuant to Articles 21 to 22 of the DPR, taking into account the nature of processing and the information available to OST; 


(g)  At the choice of the Customer, delete or return all the Personal Data to the customer after the end of the provision of services relating to processing, and delete existing copies unless Jersey law requires storage of the Personal Data; 


(h)  Make available to the Customer all information necessary to demonstrate compliance with the obligations laid down in Article 23 of the DPR and allow for and contribute to audits, including inspections, conducted by Customer or another auditor mandated by Customer. 


Customer’s Obligations

During the performance of the Service Contract, the customer will co-operate with OST as OST reasonably requires; provide the information and documentation that OST reasonably requires; make available to OST such facilities as OST reasonably requires; and ensure that the customer’s staff and agents co-operate with and assist OST. If a customer does not provide the facilities reasonably required to perform the Service Contract, then any additional costs and expenses which are reasonably incurred by OST will be paid by the customer.

Force Majeure

OST shall not be liable for any default in its obligations under the Service Contract resulting from causes beyond its reasonable control including without limitation, fires, strikes, labour disputes, insurrection or riots, embargoes, delays in transportation, inability to obtain supplies, requirements or regulations of any civil or military authority, act of god, war, requisition, restriction of energy consumption. OST shall be entitled to a reasonable extension of time for the performance of any obligations delayed by any such events.

Termination

Either party may terminate a Service Contract upon giving notice in writing where the other party is in material breach of its obligations under the contract. Where such breach is capable of remedy, the notice shall become immediately effective upon the failure to remedy the breach and the expiry of 30 days of the date of the notice. Where the breach is not capable of remedy the notice shall be effective immediately. The notice shall specify whether the breach is capable of remedy or not.

Where the conditions at the customer’s site have materially altered, or the customer’s requirements have been materially altered, either through the actions of the customer or a third party, in a manner that would prevent OST from reasonably delivering the contracted service or supply, then OST shall be entitled to terminate the contract.

Should the customer become insolvent as defined by the Bankruptcy (Jersey) Law 1990 or subject to a winding up as defined by the Companies (Jersey) Law 1991 or should a receiver or administrator be appointed in respect to any part of its business, then OST shall be entitled terminate a relevant Service Contract immediately and claim for the full cost of any completed work and the cost of bringing any incomplete work to an orderly conclusion.

Liability & Warranties

OST warrants that it will use reasonable care in performing its obligations under the Service Contract to a standard which conforms to generally accepted industry standards and practices.

OST expressly does not warrant that any result or objective, whether stated in the Service Contract or not, shall be achieved, be achievable or be attained at all or by a given date.

The customer acknowledges that time shall not be of the essence unless expressed to be so in writing signed by OST.

OST shall not be responsible for any loss of data by the customer unless caused by its own fault or negligence.

OST’s liability under or in connection with the Service Contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed the sums paid to OST under the Service Contract in the 12 months immediately preceding the alleged wrongful act.

Neither party shall be liable to the other party in contract, tort, negligence, breach of statutory duty nor otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profit, business or goodwill.

The Customer shall indemnify and hold harmless OST and all directors, officers, employees and agents of OST from and against any and all claims, damages, losses, liabilities, actions, demands, proceedings and expenses arising out of or relating to the use of any Software by the customer.

The Customer acknowledges that, in entering into the Service Contract, no reliance is placed on any representation, warranty or other provision except as expressly provided in the Service Contract, and any conditions, warranties or other terms implied by statute or otherwise are excluded to the fullest extent permitted by law. For the avoidance of doubt, the customer agrees that all restrictions of OST’s liability contained in the Service Contract, including these terms, are fair and reasonable for the purposes of the Supply of Goods and Services (Jersey) Regulations 2010 (as amended).

Assignment

The customer shall not assign, transfer, novate, charge, part with possession or otherwise dispose of any of its rights or obligations hereunder without the prior written consent of OST such consent not to be unreasonably withheld or delayed.

Notices

Any notice document or request to be given or served hereunder may be given or served by sending it by hand, email or by special delivery post to the address of OST or the customer. Any notice document or request sent shall be deemed to have been given: (a) in the case of delivery by hand when delivered; (b) in the case of email, during business hours, the receipt rule applies unless system error, whereby there will be no fault on either party; (c) in the case of special delivery post, 3 working days after the date of posting.

Headings

The headings of clauses in these terms and conditions are included herein for convenience and shall not affect the interpretation or construction of these terms and conditions.

Severability

If any provision in this agreement shall be found to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this agreement and all provisions not affected shall remain in full force and effect.

Entire Agreement

The Service Contract contains the full and complete understanding between OST and the customer and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of the Service Contract and may not be varied except by an instrument in writing signed by all of the parties to this agreement.

Law

Each contract between OST and the customer shall be governed by and construed in accordance with law of the Island of Jersey and both OST and the customer agree to submit to the non-exclusive jurisdiction of the courts of the Island of Jersey.