Online education and training terms and conditions (B2C) contents

  1. Order process: services advertisement as invitation to treat; no contract for supply of services except in accordance with order process; order process for services; input error correction and identification.
  2. Term: commencement of term; end of term (indefinite or subscription); each order form creates distinct contract.
  3. Services: provision of teaching services, hosted services and/or downloads; standard of services.
  4. Teaching Services: teaching services provided via third party platform; time for teaching services sessions (order form); Provider late for session; rescheduling sessions (Provider); rescheduling sessions (either party); cancellation of session by Client on notice; personnel shortage and cancellation of sessions; assurances relating to personnel (teaching services).
  5. Hosted Services: obligation to supply hosted services; methods of supply of hosted services by Provider; timetable for supply of hosted services; grant of licence to use hosted services (third party services); limitations on use of hosted services in order form (B2C); prevention of unauthorised access to hosted services; availability of hosted services dependent upon third party services.
  6. Downloads: Provider to supply or make downloads available; methods of supply of downloads by Provider; timetable for supply of downloads; licence to use downloads; prohibitions on use of downloads; retention of download copyright etc notices; digital rights management for downloads; Provider downloads intellectual property infringement warranty; termination of downloads licence; actions on termination of downloads licence.
  7. Third Party Services: third party services must be used by Client; Provider not responsible for supplying third party services; Client compliance with third party services terms and conditions; Provider not responsible for third party services provider data use; no warranties or liability in relation to third party services; no liabilities or refunds for third party services failure.
  8. Client obligations: warranty that Client meets prerequisites for educational services (order form); warranty of veracity of information; compliance with acceptable use policy for services and third party services; general second party obligations.
  9. Client Materials: submission of Client materials (educational services); licence of Client materials (optional survival); warranties relating to Client materials.
  10. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT (B2C); variation of charges.
  11. Payments: issue of invoices; time for payment of charges following invoice; advanced payment of charges for services; payment methods; interest on late payments (B2C); suspension of services.
  12. Distance contracts: cancellation right: distance contracts: cancellation right for consumers; cancellation right for services and digital content; consumer agreement to provision of services; exercise of cancellation right; refund upon services distance contract cancellation; refund method; refund timing for services and digital content.
  13. No guarantee of exam success: no guarantee of exam success.
  14. Warranties: warranty that Client meets prerequisites for educational services (order form); warranty of veracity of information; first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
  15. Limitations and exclusions of liability: caveats to limits of liability (B2B or B2C); interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
  16. Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency; termination upon non-payment.
  17. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
  18. Notices: contractual notices by email or through Provider website.
  19. Subcontracting: subcontracting permitted.
  20. General: no waiver; severability; variation written and signed; asymmetric variation; asymmetric assignment of contractual rights (B2B, B2C or mixed); no third party rights; entire agreement: documents; governing law; exclusive jurisdiction.
  21. Definitions: definitions.
  22. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.