Online education and training terms and conditions (B2C)
The internet is a fantastic medium for the provision and receipt of education and training. These flexible T&Cs provide a legal framework for the provision of these services. They are organised around a tripartite division of services: teaching services, hosted services and downloads.
The teaching services are services provided remotely by teachers or trainers, on a one-to-one or one-to-many basis, either through the service provider's own platform or through one or more third party platforms (such as MS Teams and Zoom). The contract clauses covering teaching services assume that they will be provided at agreed sessions and include rules relating to the cancellation and rescheduling of these sessions.
The hosted services, by contrast, are on-demand and are provided by software via the internet. These service might include simple informational web pages, video and audio streaming and/or interactive quizzes. The contract clauses covering hosted services focus on usage: what uses are permitted and what uses are prohibited?
Downloads require separate legal provision, because they give rise to particular legal issues. Where user has full access to downloaded materials (such as worksheets or exam papers) it is important to prevent or at least inhibit misuse (such as publication or redistribution). One of the key mechanisms for this is the use of an appropriately limited licence.Ask about this document
Online education and training terms and conditions (B2C) 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 toClientmaterials.
- Charges: obligation to pay charges; time-base charges limitations; amounts inclusive of VAT; variation of charges.
- Payments: issue of invoices; time for payment of charges following invoice; advanced payment of charges for services; payment methods; interest on late payments; suspension of services.
- 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.
- No guarantee of exam success: no guarantee 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 (B2B or B2C); interpretation of limits of liability; no liability for force majeure; no liability for business losses; no liability for loss of data or software; no liability for consequential loss; per event liability cap.
- 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 via notice or website (video game); asymmetric assignment of contractual rights (B2C); no third party rights; entire agreement: documents; governing law; exclusive jurisdiction (B2C).
- 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.