TERMS AND CONDITIONS – CURRICULUM, COURSES, PROJECTS AND MEETINGS
Course or Meeting refers to any event where a client attends a training course or meeting provided by Smithills ICT Consultancy Ltd.
Consultancy refers to any arrangement where a client books the services of Smithills ICT Consultancy Ltd to deliver or provide input.
Project refers to any event where we work in a school to deliver lesson activities with pupils and their teachers which takes place over one day or the course of a few weeks, depending on the nature of the activity.
Client refers to the individual or organisation attending a meeting or course delivered by Smithills ICT Consultancy Ltd. Client may also refer to an individual or organisation purchasing our project services.
We and us refers to the company, Smithills ICT Consultancy Ltd.
You refers to the client.
Contract All received bookings, project or course reservations, verbal or written from the client requesting Smithills ICT Consultancy Ltd to reserve or book a place on a course, project or meeting, according to the advertisement or a client’s request, will be deemed to be binding and form the contract of a confirmed booking.
Cancellation by the client Cancellations should be advised in writing to Smithills ICT Consultancy Ltd and will be reimbursed according to the following notice.
- 28 or more working days notice, any fees paid fully refunded.
- 15-27 working days notice, 50% of fee payable.
- 0-14 working days notice, fees payable in full.
Cancellation by Smithills ICT Consultancy Ltd Smithills ICT Consultancy Ltd reserves the right to cancel a course, consultancy visit, project or meeting if numbers attending do not meet expected demand, or if it is believed there is any risk, to reputation or physically to the company or consultant or course participants. Where numbers do not meet expectations course participants will be notified no less than a week before the event and a full refund given, if already paid. For any other reasons, as mentioned above, no refund will be available. In all instances Smithills ICT Consultancy Ltd will not be liable for any costs relating to a school's supply cover fees.
On the rare occasion of illness or adverse weather conditions, Smithills ICT Consultancy Ltd will not be liable for any charges incurred to the client. Smithills ICT Consultancy Ltd does not accept liability for any failure to provide the services contracted, which is due to circumstances beyond the control of the company. We cannot be held responsible for any unforeseen issues or cancellations, e.g. fire drills, client equipment failure or change of venue at the client’s property, or unforeseen building work affecting a course, meeting or project.
Additional specific terms relating to cancellation of projects
- 57 or more working days notice, any fees paid fully refunded.
- 29-56 working days notice, 75% of project fee payable.
- 15-28 working days notice, 50% of project fee payable
- 0-14 working days notice, full project fees payable.
We reserve the right to cancel a project if we have reason to believe that there is any risk to reputation of the company or consultant or safety of the consultant or client. If we cancel for any of these reasons we will not be liable for any costs incurred, cancellation or otherwise. If a client wishes to cancel a project booking the above working days notice must be given in writing. However, we do understand the nature of school life and how, on rare occasions, clients may need to rearrange project bookings due to unforeseen circumstances in a school’s calendar. Therefore, should a client need to rearrange a project booking we will do our very best to accommodate this within our own availability, although we cannot guarantee that this will be possible. Each incident of this nature will be dealt with individually.
There may be occasions when we travel to a venue to find that the teacher we are due to work with is absent on sick leave. On this occasion if an alternative member of staff is unavailable, we will endeavour to rearrange the session, according to our availability, but again cannot guarantee this. If we are able to rearrange the session in this instance the client will only be charged for any incurred travel costs at the rate of 45p per mile. If a client notifies us of the member of staff’s sickness / reason to rearrange before or on the day and is able to contact us before we leave for the venue, the above cancellation costs will only apply if we are unable to rearrange the session according to our future availability. We believe this is fair and reasonable.
Parking Smithills ICT Consultancy cannot be held responsible for any problems clients experience due to parking at or near the venue, including loss or damage to cars and the client's property.
During a course, project or meeting Smithills ICT Consultancy Ltd will usually use the ICT equipment belonging to the venue. While we will do everything we can to ensure that equipment is working before the event takes place, Smithills ICT Consultancy Ltd will not be liable for any ICT failures of networks, software, hardware, or internet coverage that affects the enjoyment, completion or coverage of the course activities. Course or meeting participants are welcome to bring along any items of technology that they wish to use personally at a course or meeting to make notes or research information, such as a laptop or smartphone. However, Smithills ICT Consultancy Ltd will not be liable for any loss or damage to such equipment and as such it is the client's responsibility to keep it safe.
Projects that use our equipment Where we agree to use our equipment for a project we will endeavour to ensure that the equipment is in full working order on the day. If, on the rare occasion, our equipment unexpectedly fails during a project we will deal with each incident individually and decide on the best course of action in consultation with the client. This may include rearranging a session or using the venue’s equipment, if available. Depending on the nature of the equipment failure and decision agreed we will compensate the client fairly and reasonably, if necessary.
After the course or meeting Smithills ICT Consultancy Ltd invites the client to register for a free account on the Smithills ICT Website www.smithillsict.com where news, a newsletter and useful documents and resources will be posted from time to time.
Smithills ICT Consultancy Ltd will provide reasonable free telephone support regarding the course or meeting,
during and up to 2 weeks after the final session is completed. Telephone support after that time will be invoiced at our standard hourly rate of £40, with a minimum call length of 15 minutes (£10).
Smithills ICT Consultancy Ltd may provide handouts and other materials, depending upon the nature of the meeting. However, participants should note that these may also be emailed to them or provided through our website www.smithillsict.com for download by the client. To access materials on our website clients will need to register for a free account. We have to store course and project handouts in our resources section, behind a log in, to ensure that clients receive access to documents they have in effect paid for, as to make them available to the public would not be acceptable to the client.
Liability Smithills ICT Consultancy Ltd shall not be liable to the client for loss or damage to the client's property unless due to the negligence or other failure of the consultant to perform its obligations under this agreement or the general law. Smithills ICT Consultancy Ltd shall have no liability to the client for any indirect, special or consequential loss to the client arising out of or in connection with the provision of any goods or services pursuant to this agreement (except in respect of death or personal injury resulting from negligence) and the total liability of the consultant for any other loss of the client arising pursuant to this agreement in respect of any one event or series of connected events shall not exceed the indemnity cover.
Working with pupils We cannot be held liable for the behaviour or quality of pupils’ work when working on project activities and do not give any guarantees about learning outcomes for pupils or standards of pupils’ work when delivering projects. The client should inform us in advance of any pupils with special needs or behavioural difficulties and where additional support may be necessary. During the day the client is responsible for managing the behaviour of the pupils, although our consultants are fully qualified teachers and able to deal with minor issues that may occur on a rare occasion. Our consultants are fully qualified teachers with many years teaching experience and they hold a fully enhanced up to date CRB. Unless agreed in writing, we do not work with full classes of pupils on a supply-teacher-type basis. If we are contracted to work with pupils without the presence of their teacher or other nominated adult, this is always in small groups and no children may be left alone with us.
Consultant's outputs, materials and information All intellectual property rights including copyright which are capable of existing in any documents, computer software or information or (without limit) other materials created or provided pursuant to this contract by the consultant shall be and remain the consultant's property. Projects may include a set of lesson materials which will be indicated in the project details. All such materials and intellectual property rights are copyright to Smithills ICT Consultancy Ltd and may not be shared, copied or distributed in any format, outside the purchasing organisation without our explicit written consent. This includes sharing our information, ideas and resources with schools in clusters or collaboratives.
The client undertakes to keep all materials, documents and information provided to it by the consultant confidential to itself and its employees and not to distribute any product of the services provided hereunder to any third party without our prior explicit written consent.
Any materials produced or supplied to the client by the consultant in which intellectual property rights are capable of subsisting shall be licensed to the client for internal use only in connection with the purposes of the terms of the consultancy.
The client and the consultant undertake with each other during the course of this contract not to infringe the intellectual property rights of any third party.
Smithills ICT Consultancy Ltd reserves the right to use any outputs from courses, training, projects and consultancy visits as exemplar materials, for sharing practice or publicity as long as these do not personally identify the pupils or teachers involved. Where outputs refer to specific pupils or teachers, we will request permission to use this material and amend it so that it safeguards those involved. See below.
Smithills ICT Computing Curriculum Terms & Conditions
Before ordering the curriculum please ensure you have seen the sample units, unit overviews mapped to the national curriculum and requested a copy of the long term plan. It is the client’s responsibility to check that he/she has the correct software in place before ordering. When ordering on or offline we require an official order number and school contact details before a purchase can take place. Our scheme is available to primary schools to license for an initial 2 years, with discounts for infant and junior schools. We reserve the right to change prices and offer special pricing or free copies, at our discretion.
When a school or his or her representative makes a commitment to purchase the curriculum, either verbally or via electronic means, that is a binding contract. Once a school has received the download link to the electronic materials (or via email) we are unable to provide a refund, if you change your mind, for example, unless you have a genuine complaint which we feel is justified in terms of quality or misrepresentation. We cannot offer refunds where schools have not checked the samples and didn’t see the long term plan in advance, for example. Major updates to the scheme will be available for a nominal update fee for those that require them. Minor updates will be made available as standard.
When a school receives the download link or materials they must not share it with anyone except colleagues employed directly by their establishment.
We will endeavour to ensure that the DropBox folder is always up to date and no parts of it are missing. However, as it is shared with customers it is inevitable that items may occasionally be moved by accident. We cannot be held responsible for this but will act in a reasonable and timely manner to resolve such matters, if we are notified of this.
The Smithills ICT Computing Curriculum is the copyright of Smithills ICT Consultancy Ltd with all rights reserved and no parts of it may be shared or distributed without our written permission.
Safeguarding Our consultants are accredited, trained CEOP Ambassadors and have undertaken CEOP Thinkuknow training and Ambassador training. They have also completed safeguarding training at level 1 and are fully aware of and undertake to comply with local and national safeguarding procedures.
Our consultants hold an enhanced CRB check and carry an identification card with them. They will present their disclosure details, if appropriate to the nature of the event, when requested by clients. They are also registered with the General Teaching Council and fully trained and qualified classroom teachers.
Smithills ICT Consultancy Ltd does not take or keep personal information or photographs of children or staff unless requested by the client as part of a consultancy or project or we have sought permission in for specific purposes and then only with full permission of the parents and client. The client is responsible for keeping copies of any photograph permission forms. We may, from time to time, request photographs for case study material or use on our promotional materials, website and social media sites and will, on such occasions, seek appropriate permissions before proceeding.
Health and Safety Most projects, courses, consultancy work or meetings will take place at an external venue, school or other public building contracted to provide a room booking service to the company. Smithills ICT Consultancy Ltd will therefore follow the health and safety policies and procedures relating to the venue, as advised by the venue. Clients will also be expected to follow the same procedures and policies and anything specific to the venue will be explained at the start of the event. Smithills ICT Consultancy Ltd holds public liability insurance and will do its utmost to ensure the safety of its clients during the meeting or course. However, the company cannot be held responsible for any incident relating to issues about the venue that we were not notified about prior to and during the event.
Data Protection Smithills ICT Consultancy Ltd complies with the data protection act and is registered with the Data Commissioner.
Payment of Account Unless agreed in advance and in writing, the client or his / her representative, is required to pay the course / meeting / project fee consultancy fee in advance of the course in line with the invoicing details. These terms are subject to variation according to the nature of the course, consultancy, project or meeting and timing within the academic year. Clients can pay by cheque or bank transfer using the details on the invoice. Smithills ICT Consultancy Ltd is unable to offer alternative payment terms at the present time. Late payments or outstanding accounts will receive a reminder and if, after a reasonable deadline, accounts are still not paid, action will be taken to recover costs.
Specific project invoicing information We will usually invoice clients for project work after the session, unless it is for attendance on a course or meeting, where we invoice in advance. Fees are payable within 14 days of the invoice date unless otherwise stated or agreed in advance. We may occasionally choose to invoice at the end of a period of support or part way through, if this is more appropriate to the nature of the activity.
Offers and Discounts Occasionally we may make offers available to our clients and other organisations or negotiate discounts on clients that buy our services in bulk. All offers or discounts have specific time limited terms which are outlined at the time of the offer/discount. These cannot be transferred or exchanged for cash or other alternatives. We reserve the right to end or cancel offers at any time without notice and have no obligations to repeat or continue them. We choose to make offers available at our discretion and when we think our clients may benefit from them. Any discounts offered on our products are specific to individual clients and we are not obliged to offer them to other clients or make them generally available to all.
Complaints The client should make Smithills ICT Consultancy Ltd aware of any problems or concerns regarding the meeting or course as soon as possible and Smithills ICT Consultancy Ltd will investigate the matter and take appropriate action.
Official complaints should be put in writing to The Company Director at Smithills ICT Consultancy Ltd, 54 Temple Road, Smithills, Bolton, BL1 3LT.