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A family of Online education and training terms and conditionsdocumentsOnline education and training terms and conditions

T&Cs applicable to the provision of teaching or training services via Zoom / Teams (or similar platforms) alongside subscription-style online services and educational downloads.

Online education and training terms and conditions (B2C)

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Version 1.1
First published 13 Feb 2022
Last updated 27 Feb 2023
Word count 9,392
Template pages 18

Online education and training terms and conditions (B2B)

FROM

£50.00

OR

50

CREDITS
Buy
Version 1.1
First published 13 Feb 2022
Last updated 27 Feb 2023
Word count 7,947
Template pages 17

Online education and training terms and conditions (B2B and B2C)

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£60.00

OR

60

CREDITS
Buy
Version 1.1
First published 5 Jun 2020
Last updated 27 Feb 2023
Word count 9,693
Template pages 19

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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 (B2B or 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 of VAT; 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; 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 business losses; no liability for loss of data or software; no liability for consequential loss; per event liability cap.
  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; 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).
  21. Definitions: definitions.
  22. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

Schedule 1 (Community Standards)

  1. Introduction: definitions for community standards policy; parties to policy; agreement to policy by using services; express agreement to policy.
  2. General usage rules: no damaging use of services; no unlawful use of services; content must comply with provisions of part.
  3. Academic offences: plagiarism; cheating.
  4. Unlawful Content: no unlawful user content: general prohibition; no unlawful user content: specific prohibitions; previous complaints and user content.
  5. Graphic material: age suitability of user content; no violence in user content; no pornographic user content.
  6. 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.
  7. Monitoring: acknowledgement relating to monitoring.
  8. Data mining: no data mining.
  9. Harmful software: no harmful software; no risky software.

Order Form

Online education and training terms and conditions (B2B) 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 (B2B or 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; variation of charges.
  11. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments; suspension of services.
  12. No guarantee of exam success: no guarantee of exam success.
  13. 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.
  14. 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.
  15. Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency; termination upon non-payment.
  16. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
  17. Notices: contractual notices by email or through
    Provider
     website.
  18. Subcontracting: subcontracting permitted.
  19. General: no waiver; severability; asymmetric variation; asymmetric assignment of contractual rights; no third party rights; entire agreement: documents; governing law; exclusive jurisdiction.
  20. Definitions: definitions.
  21. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

Schedule 1 (Community Standards)

  1. Introduction: definitions for community standards policy; parties to policy; agreement to policy by using services; express agreement to policy.
  2. General usage rules: no damaging use of services; no unlawful use of services; content must comply with provisions of part.
  3. Academic offences: plagiarism; cheating.
  4. Unlawful Content: no unlawful user content: general prohibition; no unlawful user content: specific prohibitions; previous complaints and user content.
  5. Graphic material: age suitability of user content; no violence in user content; no pornographic user content.
  6. 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.
  7. Monitoring: acknowledgement relating to monitoring.
  8. Data mining: no data mining.
  9. Harmful software: no harmful software; no risky software.

Order Form