1. Subject to acceptance by ICT in accordance with clause 2 of these terms, these booking terms and conditions and the attached enrolment form constitute a legally binding contract between ICT, the student named in the booking form (the “Student”) and the employer named in the booking form (the “Employer”).
2. ICT may, at its discretion, accept the Student’s or the Employer’s request for the Student to attend an ICT course by:
a. issuing an invoice to the Student or the Employer; or
b.proceeding to provide the Student or the Employer with access to course materials, the online learning platform, workshops, masterclasses or residential weekends.
3. ICT’s acceptance is subject to these terms to the exclusion of all others including without limitation any terms which the Student or the Employer purports to include within a purchase order, acknowledgment or payment confirmation.
4. This contract shall come into force from the date of acceptance by ICT in accordance with clause 2 (the “Enrolment Date”) and shall remain in force until it is terminated or completed in accordance with these terms.
5. After the Enrolment Date, ICT shall:
a. allow the Student to access and attend the course described in the booking request via ICT’s online learning platform, virtual classrooms, workshops, masterclasses and/or residential courses.
6. ICT will:
a. decide how and when the course is delivered;
b. determine course content and structure; and
c. be free to make changes to the same during the term of this contract.
7. ICT shall exercise reasonable skill and care in performing its obligations under this contract but time shall not be of the essence.
Intellectual Property Rights
8. ICT retains ownership of all copyright, trademarks, service marks or trade names, rights in software, rights in design, rights in databases, image rights, moral rights, rights in an invention, patents, rights relating to passing off, domain names, rights in confidential information (including trade secrets), rights in privacy and all similar or equivalent rights in each case whether registered or not and including all applications (or rights to apply) for, or renewal or extension of, such rights which exist now or which will exist in the future in the United Kingdom and all countries in the world (“IPR”) in any materials including without limitation any course materials that it provides to the Student and/or Employer for the purposes of performing its obligations under this contract.
Payment of Course Fees
9. The Student and Employer will be responsible for paying the course fees set out in the invoice issued by ICT.
10. Where the Student is not sponsored by their Employer, ICT requires full payment of course fees upon enrolment and will issue an invoice on or after the Enrolment Date.
11. Where the Student is sponsored by their Employer, the Student and Employer are jointly and severally liable for the payment of such fees which are due 30 days from invoice / enrolment date.
12. Students will not be permitted to have access to the online learning platform; attend the workshops/masterclasses/residential weekends or receive results if any payments are overdue.
13. Course fees include tuition, online course materials and first assessment attempt. Students will be charged the following additional fees plus VAT where applicable for examination resits GBP 200 for the Postgraduate Diploma; GBP 100 for Diploma; GBP 75 for Advanced Certificate; GBP 50 for Certificate courses and Specialist Certificates. GBP 50 assignment re-submission for all programmes. Invoices for such fees shall be issued by ICT in advance of the relevant resit / resubmission and shall be paid by the Student or Employer immediately.
14. Hard copy manuals can be provided upon request for the following additional fees plus VAT where applicable GBP 100 for Diploma; GBP 75 for Advanced Certificate; GBP 50 for Certificate and Specialist Certificates.
15. All outstanding payments due under this contract are exclusive of VAT which must be paid in addition at the rate and in the manner prevailing at the relevant tax point.
16. All payments due under this contract shall become due immediately upon termination.
17. ICT offer Instalment Plans for all of their programmes except Certificate programmes. Instalment plans are only available for students funding their own studies. The first instalment is payable upon enrolment.
18. Instalment payments are payable by Credit / Debit Card taken on the 15th day of each month. Students are required to contact ICT upon submission of this form to provide details of the Credit /Debit Card they wish to be debited. Your information will be stored and processed by Cybersource. CyberSource’s payment gateway is PCI Level 1 Compliant and all card data stored on our servers is fully encrypted using algorithms that cannot be mathematically reversed.
19. Interest is not paid on the Instalment Plans.
20. Where applicable, the Student will receive written confirmation of their payment schedule but reminders for individual instalments will not be sent.
21. If the Student fails to make payments in accordance with their Instalment Plan, the Instalment Plan ceases and full remaining balance payable immediately. The balance repayable will be liable to costs and interest as per the Late Payment Legislation 1998.
Cancellation and Deferrals
Cancellation by Student
22. If the Student or the Employer on the Student’s behalf requests to cancel from the programme and terminate this contract less than two weeks after the Enrolment Date, this contract shall be deemed to be terminated with immediate effect and ICT shall provide a full refund of any fees paid by such Student or such Employer on the Student’s behalf save that ICT shall be entitled to make a reasonable deduction if any course materials supplied to the Student have been used in a way which has diminished their value or if the student has benefited from services already provided by ICT.
23. If the Student or the Employer on the student’s behalf requests to cancel from the programme and terminate this contract more than two weeks after the Enrolment Date, no refund will be paid.
Cancellation by ICT and Termination of the Contract
24. ICT reserves the right to cancel a workshop / virtual classroom / masterclass / residential weekend where the occasion necessitates. Subject to clause 26, ICT accepts no liability for any direct or indirect losses suffered by the Student and/or Employer if, for whatever reason, a workshop /master class/residential weekend does not take place.
25. Subject to clause 27, ICT is not liable to the Student and/or Employer for any indirect, special or consequential loss howsoever arising.
26. Subject to clause 27, ICT’s total aggregate liability in contract, tort (including negligence or breach of statutory duty) misrepresentation or otherwise in connection with this contract shall not exceed 100% of the fees paid or payable by the Student and/or Employer pursuant to the terms of this contract.
27. Nothing in this contract excludes or limits ICT’s liability for death or personal injury caused by ICT’s negligence or for fraud or fraudulent misrepresentation or for any liability which can not be excluded by law.
28. ICT shall be entitled to cancel a Student’s enrolment and terminate this contract if that Student has not complied with these terms and conditions. ICT may exercise such right immediately where such failure to comply is not remedial or, where a failure to comply is remedial, after 30 days if the student has not remedied the breach despite being asked to do so.
29. Upon termination of this contract, the Student and/or Employer shall immediately cease to access the online learning platform and/or attend course workshops, master classes and/or residential weekends.
30. Clauses 8, 16, 22, 23, 25-27, 30, 36, 40 and 42 shall remain in force notwithstanding the termination of this contract.
31. The programme must be completed within two years from the Enrolment Date. Failure to do so will result in the automatic termination of this contract.
32. Subject to clause 31, ICT may, at its discretion, allow the Student to defer their place on a workshop / masterclass / residential weekend, assignment, assessment interview or examination date, if they are able to provide mitigating circumstances which prevents them from adhering to their programme timetable.
33. The information you have provided will be used by the ICA/ICT and other companies within the Wilmington Group for administrative, membership and educational purposes or as required by law.
34. From time to time we may pass the Students details to third parties to enable them to send the Student information about products and services approved by ICT/ICA. If the Student does not want to receive mailings from third parties, the Student will let ICT know by emailing firstname.lastname@example.org.
35.ICT will comply with the provisions of the Data Protection Act 1998.
36. The Student and Employer will keep secret and confidential all information belonging to ICT and disclosed or obtained as a result of their relationship under this contract which is secret or otherwise not publicly available in whole or in part including the course materials and in all cases whether disclosed orally or in writing before or after the Enrolment Date. In particular the Student and the Employer will not allow any third party to use or access the course materials or course content including access via the online learning platform without obtaining ICT’s prior written consent.
37. The Student and/or Employer shall not assign, transfer or otherwise dispose of any or all of its benefits, rights and/or responsibilities under this contract.
38. This contract contains the entire agreement between ICT, the Student and the Employer. It supersedes any prior arrangement, understanding, written or oral agreements and any subsequent terms which the Student or Employer purports to apply in relation to the subject matter.
39. ICT, the Student and the Employer each acknowledge that this contract has not been entered into wholly or partly in reliance on, nor has any party been given, any warranty, statement, promise or representation by the other or on its behalf that is not set out in this contract
40. Subject to clause 27, all warranties, conditions, terms and representations not set out in this contact whether implied by statute or otherwise are excluded to the extent permitted by law.
41. No purported variation of this contract shall be effective unless it is in writing, signed by all the parties and refers specifically to this clause 41.
42. This contract and any disputes arising out of or in relation to it whether contractual or non-contractual in nature shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.