These Terms and Conditions shall apply to the provision of Services by the Agent to the Training Provider.
In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Training Provider or otherwise), the former shall prevail unless expressly otherwise agreed by the Agent in writing.
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agent” means JobSkilla Limited a company registered in England and Wales under number 09958526 whose registered office is at 1st Floor, 38-44 Yorkshire Street, Oldham, OL1 1SE;
“Attendance” an attendance will be deemed to have taken place where a Trainee has enrolled on to a Course;
“Attendance Fee” means the fee payable by the Training Provider to the. Agent in accordance with these Terms and Conditions, on the enrolment of a Trainee to a Course;
“Confidential Information” means any information concerning either Party and relating to its business methods, plans, systems, finances or projects; its trade secrets; its products or services; or any other information which is expressly described as confidential, including but not limited to details of any Trainee;
“Course” means vocational & non-vocational courses provided by the Training Provider;
“Services” means the services provided by the Agent to the Training Provider as set out in these Terms and Conditions.
“Trainee” means a person introduced by the Agent to the Training Provider for Training;
“Training Provider” means any person, company or training agent including any associates or subsidiaries to whom a Trainee is introduced;
“Training” means any Course which the Trainee may be enrolled on to.
“Commissioned Course” A course in which JobSkilla does a full recruit for.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
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 and each of the Schedules as amended or supplemented at the relevant time;
1.2.4 a Schedule is a schedule to these Terms and Conditions; and
1.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
1.2.6 a "Party" or the "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 the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
2.1 Any and all business entered into by the Agent is subject to these Terms and Conditions.
2.2 In the event of any conflict with any other Terms and Conditions these terms shall prevail unless agreed otherwise in writing by a Director of the Agent.
2.3 No modification or change to these Terms and Conditions will be valid unless the details of any such changes are in writing, signed on behalf of the Agent and the Training Provider, and state the date on or after which such new terms will apply.
2.4 In the event that any part(s) of these Terms and Conditions or part thereof is declared to be invalid, unlawful, void or unenforceable then such terms or parts shall be severed and the remaining terms and conditions shall continue to be valid and enforceable to the fullest extent of the law.
2.5 These Terms and Conditions supersede all previous terms of business.
3.1 The Agent shall use its reasonable endeavours to find suitable and willing Trainees to fill such places as are notified to the Agent by the Training Provider.
3.2 The Agent shall notify the Training Provider if the Agent believes it is unable to assist with the Training Provider’s requirements.
3.3 The Agent cannot guarantee to find a suitable Trainee for each place.
3.4 The Agent gives no warranties as to the suitability of any Trainee for any Course.
4.1 The Training Provider shall provide to the Agent all information which is requested by the Agent or which otherwise is reasonably required in order for the Agent to provide the Services.
4.2 The Training Provider shall use its best and reasonable endeavours to ensure that such information is complete, accurate and up-to-date.
4.3 The Training Provider shall ensure that all information provided to the Agent does not contain any material which could be regarded as offensive, indecent, obscene, illegal, dishonest, untruthful, defamatory or discriminatory.
4.4 The Training Provider shall ensure that all information provided to the Agent does not contain any material which infringes the rights of any third parties.
4.5 The Training Provider acknowledges that the Agent is under no obligation to provide the Services until all required information has been provided by the Training Provider in accordance with sub-Clause 4.1.
4.6 The Training Provider shall inform the Agent immediately in the event that any relevant information changes following the submission of that information to the Agent.
4.7 It shall be the sole responsibility of the Training Provider to ensure that Trainees are suitable for the relevant places.
4.8 It shall be the sole responsibility of the Training Provider to arrange for any required medical examinations or investigations.
4.9 The Training Provider shall not discriminate on the grounds of gender, sexual orientation, race, religion or age.
4.10 The Training Provider shall update JobSkilla on the exact numbers and identities of enrolled Trainees by 5pm of the agreed start date. Identities of the enrolled should be confirmed via the JobSkilla system (under the event) via the Training Providers log in. Exact numbers of Trainees Enrolled (Not Identities) should be confirmed via a confirmation e-mail sent to firstname.lastname@example.org by 5pm on the course start date. The email must include the exact number of Trainees the Training Provider has enrolled that day. The Training Provider must also agree to pay the agreed Attendance Fee (£35+ VAT unless arranged otherwise) for each Trainee that has enrolled and has been clarified in the exact numbers on said email. E-mails from Training Providers must reference the Course Title, Start Date and Location to identify the course from others.
4.11 Should Training Providers not confirmed identities on JobSkilla or send the requested e-mail with exact numbers of Attendance, referenced in 4.10, by 5pm on the course start date, Training Providers are agreeing to pay the Attendance Fee for all referrals on the JobSkilla system or any additional attendees and will be invoice accordingly.
4.12 For a commissioned course JobSkilla will aim to get the full numbers required by the training provider to run the course. In some occasions this may mean that Trainees may be booked on late or for any other reason may not be on the JobSkilla system under bookings for a course. JobSkilla reserves the right to direct these Trainees to the course and ensure they attend. JobSkilla would still charge the attendance fees for these Trainees regardless if they are booked on the JobSkilla system or not when they are enrolled.
5.1 The Attendance Fee payable by the Training Provider to the Agent shall be such fee as is from time to time agreed.
5.2 The Attendance Fee agreed in accordance with 5.1 above shall be exclusive of VAT which will be charged as appropriate in addition unless the Agent is no longer registered for VAT.
5.3 The Training Provider will be liable for the Attendance Fee upon a Trainee enrolling upon a Course which is subject to these terms.
5.4 The Training Provider must pay the Agent’s fees within 28 days of receiving the Agent’s invoice.
5.5 The Agent reserves the right to charge interest and fees pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 on any invoiced fees that remain unpaid by the Training Provider from the due date to the date of payment.
5.6 The Training Provider will be liable for all costs incurred by JobSkilla in recovery due to the Training Providers breach of the agreed repayment terms, to include fees for a Letter Before Action @£30.00, Debt Collection Agents fees @ 20% of the amount overdue, Interest at 8% above the Bank of England’s Base rate and Late Payment Compensation per Invoice of £40.00 on balances under £1,000.00 and £70.00 on any balances over £1,000.00.
6.1 Each Party undertakes that it shall, at all times:
6.1.1 keep confidential all Confidential Information;
6.1.2 not disclose any Confidential Information to any other party;
6.1.3 not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions;
6.1.4 not make any copies of, record in any way or part with possession of any Confidential Information; and
6.1.5 ensure that none of its directors, officers, employees, agents or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 6.1.1 to 6.1.4 above.
6.2 Either Party may:
6.2.1 disclose any Confidential Information to:
126.96.36.199 any sub-contractor or supplier of that Party;
188.8.131.52 any governmental or other authority or regulatory body; or
184.108.40.206 any employee or officer of that Party or of any of the aforementioned persons; to such extent only as is necessary for the purposes contemplated by these Terms and Conditions, or as required by law, and in each case subject to that Party first informing the person in question that the Confidential Information is confidential; and
6.2.2 use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is, or has become, public knowledge through no fault of that Party, provided that in doing so that Party does not disclose any part of that Confidential Information which is not public knowledge.
6.3 The provisions of this Clause 6 shall continue in force in accordance with their terms, notwithstanding the termination of these Terms and Conditions for any reason.
7.1 The Training Provider shall be required to comply with the provisions of the Data Protection Act 1998 and any other relevant data protection legislation from time to time in force when processing or otherwise dealing with personal data relating to Trainees. All such information shall remain confidential.
7.2 Both the Training Provider and the Agent shall, as required by the Data Protection Act 1998, notify itself as a data controller to the Information Commissioner’s Office.
8.1 With the exception of death or personal injury the Agent shall not be liable or responsible for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by the Training Provider as a result of the Attendance of a Trainee to the Training Provider by the Agent or the failure of the Agent to introduce any Trainees to the Training Provider.
9.1 The Training Provider shall indemnify the Agent against any costs, liability, damages, loss, claims or proceedings which may arise out of its use of the Services or out of any breach of any part of these Terms and Conditions.
10.1 Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.
10.2 Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
11.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
11.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.