Online education and training terms and conditions (B2B)
These terms and conditions have been created to cover the provision of training, tutoring and other educational services, provided through the internet or by other remote means, by one business to other businesses.
The provisions assume that all the services will take one of three forms. First, direct teaching services, which may or may not be provided on a one-to-one basis. Second, software-based hosted services, such as streamed video and online tests. Third, downloadable materials, such as worksheets and examination papers.
Attached to the terms and conditions is a community standards policy, regulating interactions between services provider personnel, clients and students. The policy covers, specifically, interactions via third party services.
The template also includes an order form checklist highlighting the fields that you may need to include in online order form for the services.
This document should not be used in relation to the provision of services to consumers, as it does not take account of consumer protection legislation.Ask about this document
Online education and training terms and conditions (B2B) contents
- 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.
Term: commencement of term; end of term (indefinite or subscription); each order form creates distinct contract. Services: provision of teaching services, hosted services and/or downloads; standard of services. Teaching Services: teaching services provided via third party platform; time for teaching services sessions (order form);Providerlate for session; rescheduling sessions (Provider); rescheduling sessions (either party); cancellation of session byClienton notice; personnel shortage and cancellation of sessions; assurances relating to personnel (teaching services). Hosted Services: obligation to supply hosted services; methods of supply of hosted services byProvider; 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 (B2B or B2C); prevention of unauthorised access to hosted services; availability of hosted services dependent upon third party services. Downloads:Providerto supply or make downloads available; methods of supply of downloads byProvider; 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;Providerdownloads intellectual property infringement warranty; termination of downloads licence; actions on termination of downloads licence. Third Party Services: third party services must be used byClient;Providernot responsible for supplying third party services;Clientcompliance with third party services terms and conditions;Providernot 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.
- Clientobligations: warranty thatClientmeets 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.
: submission ofClientMaterialsClientmaterials (educational services); licence ofClientmaterials (optional survival); warranties relating to second party materials.
- Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT; variation of charges.
- Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments; suspension of services.
- No guarantee of exam success: no guarantees of exam success.
- Warranties: warranty that Clientmeets 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.
- Limitations and exclusions of liability: caveats to limits of liability; 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 use; 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.
- Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency; termination upon non-payment.
- Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
- Notices: contractual notices by email or through Providerwebsite.
- Subcontracting: subcontracting permitted.
- General: no waiver; severability; asymmetric variation; asymmetric assignment of contractual rights; no third party rights; entire agreement: documents; governing law; exclusive jurisdiction.
- Definitions: definitions.
- Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.
Schedule 1 (Community Standards)
- Introduction: definitions for community standards policy; parties to policy; agreement to policy by using services; express agreement to policy.
- General usage rules: no damaging use of services; no unlawful use of services; content must comply with provisions of part.
- Academic offences: plagiarism; cheating.
Content: no unlawful user content: general prohibition; no unlawful user content: specific prohibitions; previous complaints and user content.
- Graphic material: age suitability of user content; no violence in user content; no pornographic user content.
- Marketing and spam: prohibition on marketing activities; no spam in user content; sending spam using email addresses; no promotion of marketing schemes; avoidance of IP blacklisting.
- Monitoring: acknowledgement relating to monitoring.
- Data mining: no data mining.
- Harmful software: no harmful software; no risky software.