Work Experience Terms and Conditions
Changing Education Ltd – Terms & Conditions for the Introduction of Work Experience
These Terms and Conditions apply to all services provided by us, Changing Education Ltd, a company registered in England and Wales under number 06677456 whose registered address is 67 Kingsleigh Road, Stockport, England, SK4 3PP (“the Company/we/us/our”).
- Definitions and Interpretation
1.1 In these Terms and Conditions, the following expressions have the following meanings unless otherwise stated:
“Business means the individual, firm or corporate body together with any subsidiary or associated company to whom the Student is supplied or introduced by us;
“Contract” means the contract formed in accordance with clause 2, which will incorporate and be subject to these Terms and Conditions, together with any
special terms agreed between you and us in writing; “Placement” means any Placement, employment or use of the Student in any capacity by the Business, whether full or part time;
“Software” means the ConnedEd platform available at www.changingeducation.co.uk
“Student” means the student introduced by us to the Business for an Placement;
“you/your” means you the school, college, education institution or institution in contract with us to supply a Student to the Business;
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to: 1.2.1 “writing”, and “written” includes emails;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time;
1.2.4 a clause is a reference to a clause of these Terms and Conditions; and
1.2.5 “Party” or “Parties” refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include any other gender. References to persons shall include corporations.
- The Contract
2.1 The acceptance of our proposal, electronically or otherwise, or the placement of an order, creates a legally binding Contract between you and us, and includes the acceptance of these Terms and Conditions, which will apply between us.
2.2 No other terms and conditions, yours or otherwise, will form part of the Contract unless we expressly agree otherwise in writing.
2.3 No variation to these Terms and Conditions either expressly or implied may be made without our written consent.
2.4 The contract shall be for an initial term for the current academic year which shall be automatically renewed in September on the same terms and conditions unless notice to terminate is given in accordance with clause 7.
- Your Responsibilities
3.1 You shall provide us with one main point of contact who shall be the lead staff member involved in the provision of work experience. We also must be given details of all relevant staff members involved in student welfare and work experience.
3.2 You agree to provide us with all relevant information concerning the Student who requires a Placement, which will include, but not be limited to, the type of work the Student will be able to do, location and hours of work, together with any experience, training and qualifications that they have, which may be relevant. This information may be completed by the Students or you directly through our Software. where the Software is not used, we reserve the right to charge an additional fee for processing such. Where we find such information to be incorrect we shall not be held liable for any failure to provide the services.
3.3 It shall be your responsibility to ensure that the Students and relevant staff have access to the Software and comply with our software licence agreement.
3.4 You must inform us of any health and safety risks, disability, allergy or other additional requirements that the Student may have, as well as what we and the Business can do to minimise and control such risks.
3.5 In the event that any relevant information changes, you agree to inform us immediately, supplying appropriately updated information.
3.6 You shall adhere to the delivery flow chart & welcome pack guide, complying with all timescales and requests made in accordance with such. Should these not be complied with we shall not be liable for any consequences of such.
- Our Responsibilities
4.1 We will use our best and reasonable endeavours to find a suitable Placement in an industry as agreed for each Student as are notified to us, but do not guarantee we will be able to find one in such an industry. We shall only supply one Placement per Student, where the Placement is not accepted or not utilised you shall remain liable for our fees.
4.2 We shall carry out risk management for the Business, including but not limited to their premises and the works to be completed on the Placement. We shall do this where we have been given reasonable notice and no less than 10 working days prior to the Placement, where we have not received such we cannot guarantee that risk management shall be completed prior to the start of the Placement date. Is your responsibility to check that risk management is in place before the start date, where this has not been completed the Student will not be able to begin their Placement and their start date will be delayed to accommodate such.
4.3 We shall notify you and the Students when a Placement has been identified and agreed with full details of such. It shall be your responsibility to ensure that contact between the Student and the Business is made.
4.4 Notwithstanding clause
4.1, it is the Business’ responsibility to satisfy itself as to the suitability of Students and to take up any references provided by us and/or the Student before engaging them and we cannot guarantee any acceptance of such.
4.5 We shall comply with the welcome pack guide and all instructions within such. Any timescales detailed shall be for guidance only and shall not be the essence of the contract.
- The Placement
5.1 At the end of each week of a Placement (or at the end of the Placement where it is for a period of one week or less) the Business shall sign our time sheet verifying the number of hours worked by the Student
during that week which shall be available to view on the Software. Signature of the time sheet by the Business is your confirmation of the number of hours worked.
5.2 The student shall not receive any payment for works completed during their Placement.
5.3 Where a placement is terminated due to the actions or inactions of the Student we reserve the right to charge to provide a replacement Placement. It shall be your responsibility to ensure that the Student is prepared for their Placement and complies with all instructions and rules given to them by the Business.
5.4 Where any PPE, associated clothing or uniform is required for the Student it shall be your responsibility to ensure that payment can be made for such. Where payment is made directly by the Student we cannot recover any payments made by them for such.
5.5 Where the Placement is of significant length or is part of our P25 scheme, we may offer trial periods and review dates during the Placement to ensure that the Student and Business are satisfied. This shall be agreed and notified to you on a case-by case basis. Details of such shall be available via our Software.
5.6 Where a Student is removed from a Placement for any reason you may choose to agree to an alternative Student who may undertake the Placement as an alternative.
- Charges
6.1 You agree to pay us the charges as stated in our verbal or written quotation.
6.2 The charges will be invoiced to you in advance before
we begin our services. All invoices are payable in full within 30 days from the date of invoice, without set off, withholding or deduction.
6.4 You agree that once an introduction to a Business has been made, that shall be treated as an introduction and where we discover a Placement is made directly with a Business, you shall be liable to pay the full fee for a sourced Placement.
6.5 You shall be liable for all additional services, costs and expenses incurred by us including but not limited to printing costs, travel costs, DBS checks where required and any other third-party services which shall be payable upon receipt of invoice.
6.6 If payment is not received in accordance with clause 6.1 above, we reserve the right to suspend our services and charge interest on any outstanding payments at the rate of 8% per annum above the Bank of England base rate, accruing on a daily basis from the due date until the actual date of payment, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to charge the cost of legal expenses and other costs incurred in attempting to recover any outstanding debt.
- Cancellation and Termination
7.1 Either we, you or the Student may terminate a Placement at any time without prior notice however you shall remain liable for our fees.
7.2 If the Business reasonably considers that the services of the Student are unacceptable or dangerous, the Business may terminate the Placement.
7.3 We will notify you immediately if we receive or otherwise obtain information which gives us reasonable grounds to believe that a Student supplied to the Business is unsuitable for the Placement and shall be entitled to terminate the Placement forthwith by notice in writing without prior notice and without liability.
7.4 Where a Placement is terminated for reasons beyond either of our control we may offer a replacement Placement or choose to refund the costs.
7.5 Where you wish to cancel the Contract with us you shall be liable to pay cancellation fees as detailed below:
7.5.1 Cancellation within first 14 days – no charges 7.5.2 Cancellation within the first month – 50% of the Contract value
7.5.3 Cancellation after the first month – 90% of the Contract value unless the entire services have been provided at which point you shall be liable for our full fees.
7.6 You shall give no less than 3 months notice to terminate the contract term as detailed in clause 2.4 to terminate at the end of the then-current term.
- Liability
8.1 With the exception of death or personal injury caused by our negligence, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our employees, agents or otherwise) in connection with the performance of our obligations under the Contract. All warranties or conditions whether express or implied are expressly excluded to the fullest extent permitted by law.
8.2 Students are deemed to be under the supervision, direction and control of the Business from the time they report to take up duties and for the duration of the Placement. The Business will also comply in all respects with all relevant statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety at Work Act, by-laws, codes of practice and legal requirements to which the Business is ordinarily subject in respect of the Businesses own staff including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Student during all Placements.
8.3 We shall not be liable for any delay, loss or damage of any nature suffered or incurred by you as a result of our failure to introduce any Student to a Business.
8.4 You shall indemnify and keep us indemnified against any costs, claims, loss, damage, proceedings, expenses or liabilities incurred by us arising out of any Placement and/or as a result of any breach of these Terms and Conditions by you.
- Data Protection: All personal data will be processed, used and held in accordance with the Data Protection Act 2018 and any subsequent amendments to it.
- Confidentiality: All details provided by us relating to Businesses and Placements are confidential and such information and must not be passed to any third party, either directly or indirectly. Both Parties agree that they will not use this or any other confidential information provided by the other, other than to perform their obligations under the Contract. Each Party will maintain the confidential information’s confidentiality and will not disseminate it to any third party, unless required by law or unless so authorised by the other Party in writing.
- Other Important Terms
11.1 Neither party shall be liable for any failure or delay in performing their obligations under the Contract where such failure or delay results from any cause beyond that party’s reasonable control. Such causes include, but are not limited to, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storm, act of terrorism or war, governmental action or any other event beyond the control of the party in question.
11.2 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of the Contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
11.3 Nothing in the Contract shall constitute or be deemed to constitute a partnership, joint venture, agency or other relationship between the parties other than the contractual relationship expressly provided for in the Contract.
11.4 No part of the Contract is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement. Subject to this clause, the Contract shall continue and be binding on the transferee, successors and assigns of either Party as required.
11.5 Notices shall be deemed to have been duly received and properly served 24 hours after an e-mail is sent, or three working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed to the address provided, stamped and placed in the post and in the case of an e-mail, that it was sent to the specified e mail address of the addressee.
11.6 The Contract contains the entire agreement between the parties with respect to its subject matter and supersedes any prior agreements, whether written or oral. Each party acknowledges that, in entering into the Contract, it does not rely on any representation, warranty or other provision except as expressly provided in the Contract, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
11.7 In the event that one or more of the provisions of the Contract is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Contract.
The remainder of the Contract shall be valid and enforceable.
- Law and Jurisdiction:
These Terms and Conditions and the Contract shall in all respects be subject to and construed in accordance with the laws of England and Wales. Any dispute between the parties shall be referred to the exclusive jurisdiction of the courts of England and Wales.
