Last Updated: Monday 21st May 2018
Andrell Education Ltd (“Andrell”, “We”, “Our” or “Us”) is a company registered in England and Wales with company number 05331897, having its registered office at Premier House, High Street, Crigglestone, Wakefield, WF4 3EB.
We offer Continuing Professional Development and training (“Training”); products, resources and support (“Services”); and online content, applications and subscriptions (“Sites”) to individuals, schools, businesses and other organisations (“User”, “Client”, “You”, or “Your”).
Some of Our Sites and Services are provided to a whole school (“School”) with the permission of an authorised person at the School (“Admin User”).
Please read this Notice carefully before You start to use the Training, Services and Sites.
Your use of the Training, Services and Sites is subject to Your acceptance of this Notice.
A Privacy Notice is provided which makes clear Our commitment to keeping Your data safe and secure.
Our Training, Services and Sites are fully compliant with the General Data Protection Regulation legislation.
Intellectual Property Rights and Licence
- We are the owner of all intellectual property rights in, and to, all of the Sites and Services (unless clearly stated otherwise), and in the material published on them. Our works are protected by copyright laws and treaties. All such rights are reserved to Us.
- No copying or distribution for any commercial or business use is permitted without Our prior written consent.
- In respect of any content uploaded to any of the Sites or Services by a User, each User hereby grants to Andrell a sole, perpetual, royalty-free, worldwide, sub-licensable, transferable, unrestricted licence to use the content for any purposes (including, but not limited to, commercial purposes). The licence granted in this section permits both Andrell and the User to use the content for the stated purposes. Furthermore, such license shall continue beyond a User’s subscription.
- Our status as the authors of material on the Sites must always be acknowledged.
- Where license for access is granted as part of a subscription to Sites, access is only granted while an active, valid subscription is in place. Your rights to use any downloaded content are void on expiration of Your subscription.
- In the event of a breach of this article, Andrell will pursue full compensation for all direct and indirect damage caused.
- When booking In Service Training, the Client will be made aware of all fees in advance of booking. We will charge travel expenses and accommodation for the trainer. These fees will be invoiced separately, after the Training has taken place. We can provide an estimate of the expense costs on request but We can not confirm the final price before booking.
- Expenses are deemed as a service and therefore VAT will be added to the whole amount.
- We offer a set price for an initial number of delegates. Additional delegates will be charged at the current rate. This will be determined through a head count on the day that is signed off by a senior member of the Client’s school staff. This sheet will be considered a legal representation of the number of people that attended the Training.
- We offer Training and Services in discounted packages. The discounts offered are on condition of payment within 14 days of the invoice date.
- We reserve the right to charge full price for the items if payment is not made as per clause a).
- Items within a Training Package must be redeemed within 2 years of the invoice date. After 2 years, the package is considered complete and the Client can no longer claim any outstanding items.
- Once purchased, each Training Package item has no cash value. It cannot be traded or swapped for other Training, Services or Sites. It cannot be transferred to another Client.
Subscription to Sites
- We will make the Admin User aware of this Notice and the Privacy Notice before a subscription is confirmed. The Admin User will have to respond, in writing, to confirm acceptance of this Notice and the Privacy Notice.
- A School subscription is for an unlimited number of pupils and users for a single School site.
- A subscription (unless stated otherwise) runs 1 year from the start date.
- The subscription begins on the day that We send an email to the Admin User with the log in details. It is the Admin User’s responsibility to ensure details are shared across the School.
- We accept no responsibility for availability issues resulting from Your internet connection speed.
- We agree to provide, free of charge, reasonable support via telephone, email and video call to help You to make use of the Subscription.
- Terms regarding payment, intellectual property, user conduct, currency of information and availability of service are detailed throughout this Notice.
- We will give reasonable notice when Sites will be unavailable due to maintenance.
- We will keep Users updated of any changes to Sites by email
- We create an Admin User at sign up. The School is then responsible for creating all other users and gaining the appropriate permissions to create them.
- The Client agrees to pay Andrell in full for all invoiced Training, Sites or Services no later than 30 days after the invoice date.
- Where payment as per a) is not possible, We reserve the right to request a deposit payment of 25% in order to secure the purchase.
- We reserve the right to cancel any purchase if payment is not made according to this Notice. Any items received by the Client must then be returned at the cost of the Client and in ‘as new’ condition.
- Access to subscription Sites is provided to the Client after payment is received in full.
- For subscription renewals, We will send a renewal notice 60 days before the subscription expires. If the School does not wish to renew, the Admin User must inform Us of non-renewal by email within 14 days of this notification.
- In the absence of a non-renewal email from the Admin User, We will send a renewal invoice 45 days before the subscription expires. If the Admin User chooses not to renew after the renewal invoice has been issued, We reserve the right to charge an administration fee of up to 25% of the subscription cost.
- For subscription renewals, if payment is not received before the expiration date, the subscription will expire and remain expired until payment is received.
- Payments are required by cheque, credit card or bank transfer, made payable to Andrell Education Ltd.
- We reserve the right to charge the Client late payment fees should the terms of this Notice not be met. This may be up to 25% of the original purchase price and is payable within 7 days of the date of the late fee invoice.
- Where schools require a purchase order number in order to complete a purchase, it is the responsibility of the Client to ensure a purchase order number is provided before the invoice is raised. In circumstances where this situation delays payment, this Notice will still be enforced.
- VAT is not applied to any printed educational material. All other Training, Sites or Services are subject to VAT unless otherwise stated.
- Clients from outside the UK will not be charged VAT on any transaction. Any responsibility for taxes in the Client’s country are solely the Client’s.
- If the Client purchased Training, Services or Sites from a reseller, the reseller’s terms will apply.
- The Client has the right to cancel any transaction within 14 days of the invoice date. If the transaction involves Training, a cancellation can be made within 14 days or until the Training is provided (whichever is sooner). If the Client has received any Services, they must be returned in ‘as new’ condition before the cancellation is processed. Any carriage to return the Services must be met by the Client. If the transaction involves access to subscription Sites, access will be stopped immediately on request of a cancellation. If payment has been made within the 14 days, a full refund will be provided subject to this Notice.
- If the Client wishes to cancel Training booked with Us, We must be informed in writing no less than 60 days prior to the Training. A full refund will then be issued minus an admin charge of £50 + VAT.
- If cancellation occurs less than 60 days but more than 7 days before the Training We reserve the right to charge a cancellation fee of 25% or an admin charge of £50 + VAT (whichever is greater).
- If cancellation occurs within 7 days of the Training, a refund will not be issued.
- If the Client wishes to cancel a purchase of Services, We reserve the right to refuse a refund.
- If the Client wishes to cancel a Training Package, We reservce the right to refuse a refund.
- The Client may cancel a subscription to Sites or Services but no refund will be issued.
- Within the first 14 days of the invoice date, clause a) takes precedence over the proceeding clauses.
- Only authorised resellers may offer Andrell Training, Services or Sites to Clients and this must be with Our express permission.
- The Client has no rights whatsoever to resell any subscription Sites or Services offered by Us. Any subscription is solely provided to the named Client.
- The Client may seek permission from Us to sell places to Training events held at their school. This permission must be sought no less than 30 days before the Training takes place. We reserve the right to apply a charge of £45 or 60% (whichever is greater) of the resale price per delegate. This charge is additional to the fee paid by the Client for the Training. If the Client does not obtain prior permission, We reserve the right to claim 100% of the resale price.
Interruptions to Service
- We reserve the right to cancel Training, Services or access to Sites at any time. In this scenario, written notification of Our actions and suggested recourse (if any) will be provided to the Client.
- We make all possible efforts to ensure Sites and Services are available at all times and will do all We can to resolve faults that result in an interruption to service.
- Accordingly, the Sites and Services are provided “as is” without any warranties of any kind and We do not accept any liability arising from interruptions to service.
Currency and Correctness of Information
- While We take every care to ensure that all information We provide is accurate and complete, some errors may remain.
- Accordingly, the Sites and Services are provided “as is” without any warranties of any kind and We do not accept any liability arising from any inaccuracy or omission in the information.
- Some areas of Our Sites and Services are designed for use by pupils. No areas are accessible by children without the prior registration of that child by an adult User.
- The adult User must have accepted this Notice and the Privacy Notice prior to registering for the child to use the Sites and Services.
- The adult User acknowledges that they are responsible for obtaining and recording consent from the applicable parent/guardian and will ensure that all information is accurate and correct in relation to obtaining such consent.
- Any Sites and Services that require payment or registration is available for the Client’s use only.
- The Client will agree that no harmful materials of any kind will be submitted by them in any way to the Sites or Services.
- The Client will not share their log in information with any other party.
- Any activity on the Client account will be assumed to have been performed by the Client.
- The Sites and Services that contain User levels will restrict certain activities to maintain data security. The Client is responsible for ensuring the users in their School are assigned the appropriate accounts with the appropriate access levels.
- The Client will not use the Sites and Services for any illegal or unauthorised purpose.
- Any comments left on Sites and Services will be respectful and inclusive of all other Users.
- We reserve the right to revoke access if any of the above clauses are violated.
Modifications to Service
Andrell reserves the right to modify Our Sites and Services from time to time, including, without limitation:
- ceasing providing or discontinuing;
- protecting Our rights and intellectual property;
- responding to a cyber attack.
This may mean that the Sites and Services are unavailable for a period of time. Reasonable notice will be given when this occurs.
You agree to defend, indemnify and hold harmless Andrell and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:
- Your use of the Sites and Services;
- any misrepresentation, act or omission made by You in connection with Your use of any of the Sites and Services;
- any non-compliance by You with this Notice; or
- claims brought by third parties arising from or related to Your access or use of any of the Sites and Services.
In the event that any provision or part of a provision of this Notice shall be, or shall be held to be illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction, such provision shall be deemed severed herefrom and the remainder of this Notice shall remain in full force and effect.
Jurisdiction and Applicable Law
- In the event of a dispute, controversy or claim arising out of or in relation to this Notice, including but not limited to the formation, validity, breach or termination thereof, the parties shall attempt to solve the matter amicably in mutual negotiations.
- In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies.
- Should an amicable settlement between parties not be possible, the dispute shall be finally solved in court or by arbitration as designated herein.
- The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not be applied to this Notice. Any questions relating to this Notice which are not expressly or implicitly settled by the provisions contained in this Notice shall be governed by and construed in accordance with the laws of England and Wales.
- The English courts will have exclusive jurisdiction over any claim arising from, or related to, provision of any Sites and Services.
- The Client has a right to complain to Us regarding any aspect of our Training, Services and Sites if they feel the same have been misrepresented or were not fit for purpose.
- Complaints must be submitted in writing at the earliest opportunity.
- Andrell reserves the right to request further evidence in relation to any complaint and may offer comparative evidence or customer feedback in response to any complaint.
- Andrell reserves the right to dismiss a complaint if insufficient evidence is provided to support the complaint.
- Andrell reserves the right to dismiss a complaint in the event that more than 30 days has elapsed from the point of the issue.
If you have any concerns about material which appears on the site, please contact us by email at contact@Andrell Education.com or 01924 229380.