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QMB GROUP LTD (“QMB”)
Standard Terms and Conditions for the provision of Training Programmes
(“Terms & Conditions”)
Please read these Terms and Conditions carefully before using the service. They apply to you whether you are an organisation, company, entity or body acting on behalf of an individual or an individual who is seeking to undergo the NVQ Assessment Process personally (as defined below).
The following terms and conditions apply to all the clients (hereinafter referred to as “you”) with QMB Consulting LTD, hereinafter referred to as “QMB GROUP LTD”, "us" or ”we”.
ABOUT US:
QMB GROUP LTD is an approved assessment centre for Construction and Management NVQs at Levels 2, 3, 4, 5, 6 and 7 with the ProQual Awarding Body (“ProQual AB”), (“EAL”)
SERVICES:
The services provided under this agreement and subject to these terms and conditions are as follow:
The QMB GROUP LTD shall provide the services to the Client to support the Delegate throughout the Assessment Process.
The date for provision of the Service shall be an estimated only and we will not be responsible for any delay.
Assessment:
The number of assessment meetings carried out shall be limited to three, three additional assessment meetings may also be arranged, if deemed necessary, with the approval of the Assessor.
Delegation:
The Provider, on the successful Registration of the Delegate or the Client on the Delegate’s behalf, shall provide the delegate Welcome Pack for the relevant QCF/RQF NVQ, identified as the relevant QCF/RQF NVQ for the Delegate from the Delegate’s Enrolment Form;
The provider shall allocate an Assessor to the Delegate to assist on the Delegate’s assessment and qualification through the Assessment Process; and provide ongoing online or agreed to telephone support.
All the Provider’s released certificates shall be sent out via email to both the Candidate and his Employer, where applicable, and the physical copy will be posted to the payer.
CLIENT’S OBLIGATIONS:
The Client hereby agrees that he/she shall be responsible for the accuracy of the Delegate’s information provided in the Delegate’s Enrolment Form and that such information provided is complete, correct and accurate in all material aspects and we shall not be responsible for any loss due to incorrect information provided by the Client.
The Provider and/or Assessor may be required to contact the Delegate's employer during the NVQ assessment for the Assessment Process.
The Provider shall not be responsible for the operation, monitoring, passing, failing, accreditation or certification of any NVQ course nor is the Provider responsible for any comments or guidance of each Assessor, and the Provider has the right to allocate an alternative Assessor to the Delegate at any time during the Contract.
PRICE, PAYMENT & REFUNDS:
The Fee for the Service provided under this agreement is specified on the Provider’s Catalogues, Leaflets, and Enquiry Pack and also available on our website at www.qmbgroup.co.uk.
On receipt of the Enrolment Form signed by the Delegate, or by the Client on the Delegate’s behalf, an invoice for the Fee shall be issued to the Client in writing (which shall include facsimile and electronic mail).
The client shall be responsible for the payment;
• Where the fee is payable in full by the Client or Company, it shall be payable by the Client or Company within fourteen (14) days from the date of the invoice and unless otherwise agreed in writing by the Provider, shall be payable in full.
• Where the Delegate will pay for the NVQ themselves, the total fee is payable upon registration unless otherwise agreed with the balance of the fee payable within 14 days of receipt of the invoice.
• Interest on overdue monies shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 0.2% per day.
Refund:
There are no refunds of the Service provided. The Provider reserves the right to reclaim any costs, without limitation including legal costs and costs incurred by Provider or its agents, in the recovery of an unpaid Fee, or part of, due to the Provider under these Conditions.
Change in Fee:
The Provider may, by giving prior (7) days’ notice to the Client at any time before the performance, increase the Fee of the Service to reflect any increase in the cost to the Provider to provide the Service which is due to factors occurring after the making of the Contract which is beyond the reasonable control of the Provider (including, without limitation, taxes and duties, and costs of materials). The continued acceptance of the Service by the Client after receipt of this notice will be deemed acceptance of any such increases.
CUSTOMER CARE/COMPLAINTS:
In any case, Client, or the Delegate, is not satisfied with the quality of the Service provided under the agreement, they may contact the Managing Director of QMB Consulting Ltd at the Provider’s registered office as stated above.
Dispute:
In the event of a dispute between the Client or the Delegate and the Provider as to the quality of the Service delivered, no right of set-off or deduction will thereby apply to the Service or any future or past Service.
Exclusive jurisdiction for a suit in case of breach:
The Parties to the contract hereby agree that the laws of the United Kingdom shall have exclusive jurisdiction over any disputes between the parties relative to the contract, whether said disputes sound in contract, tort, or other areas of the law. The Contract shall be interpreted under, and governed by, the laws of the United Kingdom.
RIGHT OF REFUSAL AND CANCELLATION:
The Provider reserves the right to refuse to accept an offer from the Client.
The Provider may cancel the agreement at any time before the commencement of the Service by giving written notice. On giving such notice, the Provider shall promptly repay any sums paid in respect of the Fee less a reasonable sum to cover any costs incurred by the Provider to the date of termination, and the Client shall return to the Provider any Provider Products provided to the Client or the Delegate. The Provider shall not be liable for any loss or damage whatever arising from such cancellation.
The Provider reserves the right to take legal action to recover the Provider Products if the Client or Delegate continues to use the Provider Products after the termination of the contract and the Client or Delegate shall be liable to the Provider for any costs incurred by the Provider in recovering the Provider Products.
If any of the occurrences which have led to bankruptcy, the Provider may in its absolute discretion and without prejudice to any of its other right suspend all future performance of the Service to the Client and/or terminate the Contract without liability on its part.
DATA PROTECTION:
Following the Data Protection Act 1998, the data collected from the Company or Delegate will only be used for delegate course administration and will not be used for marketing or any other purpose. The data will be kept for the duration of the Assessment Process, at the end of which it will be archived and stored in a safe and secure environment. It will be deleted only upon receipt of written instructions from the Client or Delegate.
Clients or Delegate shall have the right to receive details of the personal information held by the Provider from time to time. A fee of £15.00 shall be payable upon a request for such information.
TERM AND TERMINATION:
The Contract shall commence on the confirmation in writing from the Provider to the Client of registration of the Delegate and shall expire immediately upon the Client receiving confirmation that they have reached the appropriate level of competence.
On confirmation in writing from the Provider that the mutual agreement between the parties of the Contract shall be terminated, or two (2) years after the date of registration of the Delegate if the Delegate has not yet reached the required level of competence.
The Provider may terminate this contract immediately by written notice if:
• In any case, the Client or the Delegate breaches any condition set out in these conditions; or • The Client fails to pay any Fee, (in part or in full) that becomes due under these Conditions.
SEVERABILITY:
In the event any provision of these Terms and Conditions is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of these Terms and Conditions so as not to cause the invalidity or unenforceability of the remainder of these Terms and Conditions. All remaining provisions of this Terms and Conditions shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.
Please complete the following declaration and sign it in the appropriate place. If this declaration is not completed and signed, your application will not be considered:
The information you provide will be used by the Skills Funding Agency, an Executive Agency of the Department for Business, Innovation and Skills, to issue you with a Unique Learner Number (ULN), and to create your Learning Record. For more information about how your information is processed and shared refer to the Extended Privacy Notice available on Gov.UK.
ACKNOWLEDGEMENT:
I agree that QMB Group LTD can create and maintain computer and paper records of my data and that this will be processed and stored following the Data Protection Act 1998.
I hereby confirm that I am completely aware of QMB Group Ltd.'s various policies and procedures (including Equal Opportunities Policy, Health and Safety Policy, Assessment Procedure, Assignment Submission Policy, Complaints Policy, Appeals Policy, Assessment Malpractice Policy, etc.
I also allow QMB Group Ltd. to upload all the contents of my portfolio (including written work, documents, photographs, videos, recordings, etc.) on their website and Learning Management System (LMS) if applicable for verification, training, assessment and evaluation of their courses.
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