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1. Subject to acceptance by ICA Commercial Services Limited in accordance with clause 2 of these terms, these booking terms and conditions and the completed booking form constitute a legally binding contract between ICA Commercial Services Limited, the student named in the booking form (“the Student”) and the employer named in the booking form (the “Employer”).
2. ICA Commercial Services Limited may, at its discretion, accept the Student’s or the Employer’s request for the Student to take an ICA Commercial Services Limited course ("the Course") which may comprise one or more of course materials, access to the ICA Commercial Services Limited online learning platform, workshops, masterclasses, residential weekends, examinations, assessments and such other elements as ICA Commercial Services Limited may provide ("Course Elements") by:
3. ICA Commercial Services Limited’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 ICA Commercial Services Limited 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, ICA Commercial Services Limited shall:
6. ICA Commercial Services Limited shall exercise reasonable skill and care in performing its obligations under this contract but time shall not be of the essence.
7. ICA Commercial Services Limited 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 (in whatever form) that it provides to the Student and/or Employer for the purposes of performing its obligations under this contract.
8. All fees and other charges set out in these Booking Terms and Conditions exclude VAT which, where appropriate, is payable in addition at the appropriate rate. All references to payments or instalments refer to fees and charges together with VAT thereon where appropriate.
9. The Student and Employer will be responsible for paying the course fees and other charges set out in any invoice issued hereunder by ICA Commercial Services Limited.
10. Where the Student is not sponsored by their Employer, ICA Commercial Services Limited 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 and charges which are due 30 days from the date of invoice.
12. Students will not be permitted to have access to Course Elements or receive examination or assessment results if any payment is overdue.
13. Course fees include Course Elements and, in respect of examinations and assessments, the Student's first attempt. Students will be charged the following additional fees: (a) for each examination resit: GBP 200 for the Postgraduate Diploma; GBP 100 for Diploma; GBP 75 for Advanced Certificate; GBP 50 for Certificate courses and Specialist Certificates and (b) for assignment or reflective journal assessments GBP 50 for each re-submission. Invoices for such fees shall be issued by ICA Commercial Services Limited in advance of the relevant resit / resubmission and shall be paid by the Student immediately by credit card or, if payable by the Employer, 30 days from the date of the invoice.
15. Any sum payable hereunder which are not paid by their due date will be liable interest and costs payable under the Late Payment of Commercial Debts (Interest) Act 1998.
16. ICA Commercial Services Limited offer instalment plans for all of their courses except Certificate courses. Instalment plans are only available for students funding their own studies. The first instalment is payable upon enrolment.
17. Instalment payments are payable by credit or debit card. This information will be stored and processed by Cybersource. Cybersource’s payment gateway is PCI Level 1 Compliant and all data stored is fully encrypted using algorithms that cannot be mathematically reversed.
18. Interest is not payable on instalment plans.
19. Where applicable, the Student will receive written confirmation of the schedule of payments due under the Student’s instalment plan (“the Instalment Plan”) but reminders for individual instalments will not be sent.
20. If the Student fails to make any payment due in accordance with the Instalment Plan, the Instalment Plan ceases and the full remaining unpaid balance of all the payments set out in the Instalment Plan, future as well as past, is payable immediately.
21. If the Student or the Employer on the Student’s behalf requests to cancel the Course and terminate this contract less than two weeks after the Enrolment Date, this contract shall be deemed to be terminated with immediate effect and ICA Commercial Services Limited shall provide a full refund of any fees paid by such Student or such Employer on the Student’s behalf save that ICA Commercial Services Limited shall be entitled to make a reasonable deduction if the student has benefited from services already provided by ICA Commercial Services Limited such as attendance at a workshop charged at GBP 100 or attendance at a residential weekend charged at GBP 500.
22. If the Student or the Employer on the student’s behalf requests to cancel from the Course and terminate this contract more than two weeks after the Enrolment Date, no refund will be paid.
Cancellation by ICA Commercial Services Limited and Termination of the Contract
23. ICA Commercial Services Limited reserves the right to cancel a workshop, virtual classroom, or residential weekend where the occasion necessitates. Subject to clause 35, ICA Commercial Services Limited accepts no liability for any direct or indirect losses suffered by the Student and/or Employer if, for whatever reason, a workshop, virtual classroom, master class, or residential weekend does not take place.
24. ICA Commercial Services Limited shall be entitled to cancel a Student’s enrolment and terminate this contract if that Student has not complied with these Booking Terms and Conditions. ICA Commercial Services Limited 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.
25. Upon termination of this contract, the Student and/or Employer shall immediately cease to access the online learning platform and/or attend course workshops, virtual classrooms, masterclasses and/or residential weekends. All outstanding payments or instalments of fees and charges are payable immediately on termination.
26. Clauses 7, 21, 22, 25, 26, 29, 33, 34-36, 40 and 42 shall remain in force notwithstanding the termination of this contract.
27. The ICA Commercial Services Limited course must be completed within two years from the Enrolment Date. Failure to do so will result in the automatic termination of this contract.
28. Subject to clause 27, ICA Commercial Services Limited may, at its discretion, allow the Student to defer their place on a workshop; residential weekend, assignment submission, assessment interview or examination date, if they are able to provide details of mitigating circumstances (and supporting medical or other documentation if required) which prevents them from adhering to the Course timetable. A fee of GBP 100 will be payable by credit card before a deferral can be actioned.
29. If the Student’s request for deferral is received within two weeks of a workshop, residential weekend, or assessment ICA Commercial Services Limited may, at its discretion, charge an additional fee to cover any service provision costs incurred by ICA Commercial Services Limited by the deferral up to a maximum of GBP 500 payable immediately.
30. The Student's course fees must be paid in full prior to deferral agreement. Where the Student has an Instalment Plan, the deferral agreement does not alter the Student’s obligation to pay on time the instalments due under the Instalment Plan.
31. ICA Commercial Services Limited may, at its discretion, allow the Student enrolled on an ICA certificate level (3 month) course a one month extension if they are able to provide details of mitigating circumstances (and supporting medical or other documentation if required) at no cost. ICA Commercial Services Limited may, at its discretion and on the same terms, allow an additional one month extension at a fee of GBP 50.
32. This clause sets out the responsibilities of ICA Commercial Services Limited and the Student in relation to the General Data Protection Regulation and any other applicable data protection law (Data Protection Law). Any terms or words defined in Data Protection Law and used in this clause relating to personal data shall have the meaning set out in Data Protection Law. Where ICA Commercial Services Limited processes any personal data in relation to services or products covered by these Terms and Conditions, it does so as a data controller on its own behalf (including in order to comply with its obligations and exercise its rights under this agreement), and shall comply with Data Protection Law in respect of such processing. Where the Student provides any personal data in relation to this agreement, it warrants that it does so in compliance with Data Protection Law and that ICA Commercial Services Limited may, under Data Protection Law, process such data as required or anticipated by this agreement, and the Student shall be responsible for any costs, losses or expenses ICA Commercial Services Limited incurs or suffers as a result of breach of such warranty.
33. The Student and Employer will keep secret and confidential all information belonging to ICA Commercial Services Limited 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 ICA Commercial Services Limited’s prior written consent.
34. Subject to clause 36, ICA Commercial Services Limited is not liable to the Student and/or Employer for any indirect, special or consequential loss howsoever arising.
35. Subject to clause 36, ICA Commercial Services Limited’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.
36. Nothing in this contract excludes or limits ICA Commercial Services Limited’s liability for death or personal injury caused by ICA Commercial Services Limited’s negligence or for fraud or fraudulent misrepresentation or for any liability which cannot be excluded by law.
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 ICA Commercial Services Limited, 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. ICA Commercial Services Limited, 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 36, 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.