1. Definitions
1.1 The definitions and rules of interpretation in this condition apply in these terms and conditions.
'we', 'us' or 'our': is a reference to (Workskills Training Ltd/Wskills);
'you' or 'your': is a reference to the individual, company or other commercial body to whom we are providing our Services and who is required to pay for the Services we provide;
'Services': means the assistance we will provide in connection with your requirements. The precise Services we will be providing to you will be stated in the quotation and as we agree from time to time.
1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.3 Any obligation in these Conditions on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
2. LEGALLY BINDING CONTRACT
2.1 These terms and conditions are binding on any individual or company purchasing goods or services or making bookings with Wskills.
2.2 A contract between you and us will be established in either of two ways:
When you sign the agreement, we and you enter a legally binding contract on the signing date.When you and we verbally agree that we provide Services, a legally binding contract is established on the date of our verbal agreement and making the payment for the course
2.3 We recommend reviewing these terms and conditions before signing the agreement or verbally agreeing to our Services or before making any payment. Feel free to ask us any questions regarding these terms if needed.
2.4 Please retain a copy of these terms and conditions for your records.
2.5 We reserve the right to revise or amend these terms and conditions at any time without notice. The latest version will apply to sales and contracts after the effective date of the new terms. The most recent version of the terms and conditions will be available on our website or upon request.
3. PROVIDING THE SERVICES
3.1 Upon entering into a legally binding contract, we will typically commence providing the Services within 48 hours or as mutually agreed.
3.2 Unless otherwise agreed, invoices for services must be paid in full before service provision.
3.3 Services may be accepted via phone, online (our website), email, or verbally. Confirmation of acceptance by any of these means constitutes entering into a legally binding contract.
3.4 We undertake to provide Services to the Client/Candidate as per the terms outlined herein to support the Candidate throughout the assessment process.
3.5 Service provision begins on the Candidate's registration day with an awarding body.
3.6 Assessor support will be available to the Candidate for 12 months from the Start Date.
3.7 Additional fees may be charged for further support if the Candidate hasn't completed their qualification within the 12-month period, as recommended by the Candidate’s assessor.
3.8 If the Candidate needs to temporarily suspend their qualification due to uncontrollable circumstances, prompt notification to Wskills via email is required.
3.9 Additional fees will apply for a repeat assessment visit if an 'on-site' assessment cannot proceed due to inadequate preparation by the Candidate/Client or workplace constraints.
3.10 Insufficient support from Wskills does not entitle the Client to terminate the contract.
4. Course/Exam Booking
4.1 Applicants responsibility to choose the right test or course: It is solely the individual’s responsibility to confirm and choose the right exam or course they require. All information given on our website and by wskills should be taken as a guide only. You must check with the awarding body or exam/course you need we accepts no responsibility, for the exam/course candidates have chosen to take.
4.2 Resits: You should book your exam well in advance to guarantee a place and have sufficient time for preparation. You will have to pay full price for resits if you are taking only the exam with us without attending our full Course.
4.3 Exams/Course Booking: The exam will only be booked and confirmed after we have received all the information and full payment. It is up to candidate to make sure they have provided all the information, documents and their payment is up to date. Failure to complete payment and missing any vital information will result in loss of exam place.
4.4 ID: A valid photo ID details must be provided at the time of registration along with a proof of address. You must also bring original ID documents on the exam day. If you fail to bring correct ID (ID used when registering) as required by the Awarding body, then the candidate will be refused admission into the exam and will lose their place and their fee. Please make sure you bring the correct ID as agreed upon booking.
4.5 Failure to attend Exam and Late arrival on Exam Day: Once an exam fee is paid and exam is booked, if you do not attend the exam for any reason you will not be liable for a refund. A full fee will have to be made in order to re-book an exam. If you cancel the exam 14 days prior to the exam commencement date, we will refund the full fee after deducting out £25 administration fee.
4.6 Refunds: The registration and administration fee is non-refundable under all circumstances. Refunds will only be made in the form of a company cheque. A refund can be made if done before 14 days of the exam or registration. If you decide to cancel within less than 14 days to your exam/registration you will lose your entire fee. We will not make any refund if there are any delays for certificates from examining bodies.
4.7 Communication: All the communication with us must be dealt during our working hours by email or through our main land line number.
4.8 Non-Transferable: The exam/course fee is non-transferable. You cannot transfer the fee to another exam or to another person.
5. Obligations of The Candidate/The Client
5.1 - The Candidate/The Client agrees and acknowledges the following:
5.1.1 - They are responsible for the accuracy of the information provided in the Learner Initial Profiling Form for the Candidate, ensuring it is correct in all material respects.
5.1.2 - The information provided by the Candidate or by the Client on behalf of the Candidate will be used by Wskills for assessing the Candidate’s suitability for the NVQ to be undertaken.
5.1.3 - Wskills reserves the right to assign an alternative NVQ assessor to the Candidate at any point during the assessment process.
5.1.4 - Wskills may, when necessary, modify the specifications of the Service to comply with applicable safety or statutory requirements. Such modifications will not materially affect the quality of the service or, when deemed appropriate by Wskills, an alternative service of equal value and quality may be provided.
6. Candidate Support
6.1 - Wskills commits to providing The Candidate with support and guidance throughout the assessment process for a duration of 12 months from the Start Date.
6.2 - Support will be available upon request from The Candidate through various communication channels, including telephone, Zoom/Teams, email, WhatsApp, and the Wskills ePortfolio system.
6.3 - The Client/The Candidate acknowledges and agrees that reasonable periods of downtime may be necessary for the support provided by their assessor (e.g., assessor holiday), during which support may not be available.
6.4 - The Client/The Candidate acknowledges and accepts that reasonable periods of downtime may be required in respect of the support provided to The Candidate by their assessor (e.g., assessor holiday), and that support may therefore not be available during these periods.
6.5 - The Candidate/The Client is advised to promptly notify Wskills if they are dissatisfied with the support provided by their assessor. This notification will enable Wskills to investigate the issue and, if necessary, allocate The Candidate to an alternative assessor.
7. Third Party Clients
7.1 For third-party clients/providers (e.g., external training providers/companies/assessors operating under their own name/company/branding but utilizing Wskills as their approved center for certification and/or quality assurance), Wskills assumes no responsibility for the initial profiling or overall outcome of the assessment process. Any complaints regarding the assessment process or anything else should be directed to the external organization/assessor that received the initial payment for the assessment service.
7.2 Third-party clients/providers (as outlined in 7.1) who opt to utilize Wskills as their assessment center for registration, certification, and quality assurance purposes do so at their own risk. In the event that information or data provided to Wskills for service provision is deemed insufficient or if Wskills' Terms & Conditions are found inaccurate, Wskills reserves the right to modify or cancel any verbal or signed agreement. Upon discovery of such information during or after service delivery, Wskills reserves the right to terminate support, modify, or cancel the agreement. Once payment has been rendered to Wskills for services, no refunds will be issued.
7.3 Any third-party organization/assessor (as outlined in 7.1) utilizing the Wskills ePortfolio system agrees not to reproduce, duplicate, or utilize any part of Wskills materials or software for their commercial gain or that of another party without prior written consent from Wskills. Additionally, all third-party users of the Wskills ePortfolio system agree not to engage in attempts to compromise the infrastructure or operation of the ePortfolio system through the use of viruses, keyloggers, spyware, ransomware, denial of service attacks, or similar methods. Any breach of this agreement will result in legal action, and the offending party will be held liable for monetary damages payable to Wskills.
7.4 Third-party users agree to implement reasonable measures to safeguard the Wskills ePortfolio system, including the installation of appropriate antivirus software on their access devices and refraining from sharing their ePortfolio login credentials with any other party. Any violation of this agreement will result in legal action, and the responsible party will be held liable for monetary damages payable to Wskills.
7.5 Any concerns or disputes regarding the service provided or agreed upon by candidates booked through third-party organizations should be directed to the external organization or assessor that received the initial payment for the assessment service. Wskills accepts no responsibility for the services promised by the Third-Party Organization, and any payment agreements or disputes shall be addressed with the external organization or assessor that received the initial payment for the assessment service.
8. Certification
8.1 Replacement Certificate: The cost of replacement certificate is £60 which must be paid in advance before we request a new certificate.
8.2 Delays in Certificates: Please note that in some cases certificates take longer to come than expected. We will give information of delivery time of certificate upon registration. This should be taken as a guide. We will not be responsible for the delays; neither can we make a refund if certificates come later than expected or loss of earning/work.
8.3 Collection/Delivery of certificates: Certificates can be collected from our main centre during our opening hours once the candidate receives confirmation of arrival. The certificate will be posted via royal mail. We will not be responsible if the certificate is lost via courier. We can also post your certificate first class recorded deliver at an extra cost of £10.
8.4 Deadlines or Expiry of your cards: It is your responsibility to book and pass your exams well in time before your card or qualification expires. We will not get involved into any race if you have to meet any deadline and will not accept any liability if you cannot get your certificate before your card or qualification/s expires.
For more information please see our certification policy, which can be requested by email to info@wskills.co.uk
9. Changes in the course/exam
9.1 Changes in Law: We will not take any responsibility if the law or awarding body changes any rules after you have taken the exam and your certificate is no longer valid for the purpose. We will not make any refunds.
9.2 Changes in Venue, Time and Exam: In rare cases we may have to change the date, venue or examining body for the exam. If this happens, we will notify you at the earliest opportunity. If we have to cancel an exam for any reason, we will offer you an alternative date or full refund if the new date is not suitable for you.
9.3 We will not take any responsibility for changes to the availability or syllabus content of the accredited courses as set by the awarding body. Should your syllabus be phased out, at any time during your study or assessment period, we can only extend this to the last available date for which your course is valid.
9.4 if you choose to cancel a paid exam/course you will forfeit any monies paid in that regard. Furthermore, under the terms of this agreement you explicitly accept that you will not be entitled to and will not receive a refund through making such order cancellation.
9.5 If any information or data supplied to us during or after for the provision of a service prove to be insufficient or inaccurate. We reserve the right to amend or cancel the agreement.
10. Force Majeure
10.1 We shall have no liability to you if we are prevented from, or delayed in performing obligations under the contract or from carrying on business by (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities.
11. LIMITATION OF LIABILITY: THE CLIENT'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
11.1 Nothing in these Conditions shall limit or exclude Workskills Training Ltd's liability for:
11.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
11.1.2 fraud or fraudulent misrepresentation; or
11.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
11.2 Subject to clause 11.1:
11.2.1 Workskills Training Ltd shall under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
11.2.2 Workskills Training Ltd's total liability to the Client in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £2 million.
11.3 The terms implied by sections 3 to 6 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
11.4 This clause 11 shall survive termination of the Contract.
12. Partnership
12.1 The contract is not intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
13 Data Protection
13.1 Any information disclosed to us either directly through assessment, website, email, booking or by any other means will be only be collected, stored or processed in accordance with our data protection policy.
13.2 We may contact you with offers from the data collected by email or from our website, you can request to unsubscribe by sending email to info@wskills.co.uk
13.3 Any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose.
13.4 Posting or transmittal of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.
13.5 We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
13.6 Please be informed that your personal data will be sent to awarding body for the purposes of entering you for an awarding body qualification, certification and maintenance of your record of attainment.
14 Behaviour
14.1 Harassment and Abusive Behaviour: Our staff have right to work without any fear. We will not tolerate any kind of harassment, threats or abusive behaviour over the phone or in our Centre. In such cases, you will not be allowed to sit in exam and you will lose your full fee.
14.2 We also reserve the right to not accept a candidate if we cannot confirm the identity or if a candidate has been abusive to our staff.
15 Retention of Title
All goods, services, licenses and certificates will remain the property of the Company until the fee has been paid in full, and the client shall remain liable only until full payment has been made.
16 Queries
Any query by the client relating to payment must be notified by the client to the Company within 14 days of the date of invoice/order form.
17 Applicable Law
17.1 English law shall apply, and any dispute shall be settled by English courts. These Terms and Conditions do not affect any statutory rights available to The Client.
