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Terms and Conditions for SMU CPD

TERMS AND CONDITIONS FOR USE OF EOA Distant Learning Package including the online St. Mary's University suite of qualifications, access, invigilation and self assessment courses.

These terms and conditions set out the terms of a legal agreement between the registered learners and the  Examination Officers’ Association (EOA) now trading as EOA international and are updated and reviewed for each academic year.

Registered office: '68 Raglan Gardens | Oxhey | Watford Herts., WD19 4LL'

In these terms and conditions, the following expressions shall carry the following meanings.

“ Learner’s exam centre” the exam centre whose details are set out on the relevant application form, and references to “you” and “your” are references to you and the learner’s exam centre.

“Learners”(referred to as tutees within the EOA programme), practicing iEOA exam office staff members in an exam centre.

“Invoice”, the invoice submitted by the EOA to you referring to the choice of course(s) on offer and the Price.

“Courses”, the courses offered by the EOA and to be supplied to you as set out in the application form.

" Distance Learning Package"(DLP) shall mean the course(s) identified and all related materials, support, including workshops and tuition where applicable in relation to both the old BTEC and TCOT suite of qualifications offered by the EOA. The suite of St. Mary's University (SMU) qualifications offered under this DLP include.

SMU2 - (Introduction Cert.) – Administering exams & the exam office role-£560

(now £360 - from March offer 2019)

This is ideally suited to new exams office personnel who are already in a support role and may focus on specific areas of exams delivery within an exam centre, or those who are new to this role or are considering taking up a post within an exam centre.

EOA/SMU Level 2 Overview

SUM3 - (Intermediate Cert.) – Managing & administering examinations-£660

(now £460 - from March offer 2019)

This is ideally suited to exams office personnel who already are in post with a few years experience and who may be in the process of or have already taken on the full responsibility for the administration and management of exams in their centre, providing candidates with a sound professional base.

EOA/SMU Level 3 Overview

SUM4 – (Higher Cert.) – Managing and administering examinations-£760

(now £560 - from March offer 2019)

This is ideally suited to more experienced exams office personnel who may have been in post for many years and now need to upgrade their knowledge and experience on the exams system and/or want to have their role qualified and quantified to Senior Leadership Teams by doing a formal qualification for exams office personnel, acknowledging them as exam office professionals.

EOA/SMU Level 4 Overview

SUM5 – (Advan.Cert.) – Research & develop exams delivery in centres -£860

(now £660 - from March offer 2019)

This will allow level 4 type candidates to utilise and extend their expertise and knowledge even further by exploring and researching various practices and activities which have an impact on their centres through a personal project approach.

EOA/SMU Level 5 Overview

“Online course”, mean using the online course provision to manage the course, answer questions, integrate and access additional website material, use the internal workbook to capture tasks set and interact with colleagues using the internal online course forum.

“tutor/Mentor”, means the qualified Level 4 practicing exam officer who will support the learner or tutee throughout their course giving them guidance, help and encouragement usually via email.

“Workshop”, means the provision of a practical workshop either to help get learners started and/or support and help learners already fully operational on a course and/or are about to complete. (not available at present)

“Support Period”, the period when a learner is actively undertaking a course based in a registered exam centre.

“Application Form ”, the form which you forward to the EOA, containing details of the courses which you wish to purchase.

“Price”, the price for the courses as indicated on the Invoice, to be calculated using the price list of the EOA and can be subject to variation to the Price as set out on the Invoice.

“Duration of course”, the duration of time for which you will be entitled to access the online web based courses (where the courses that have been purchased for a specified period) as set out in the Application Form which refereces the terms & conditions.

“Website”, the website maintained by EOA, accessible at www.examofficers.org.uk

2. Contract Formation

2.1 The submission of an Application Form to the EOA by you constitutes an offer by you to buy an appropriate course(s).

2.2 The EOA will submit an Invoice to you for payment of the Price, and there is a binding legal agreement between us from the time that the EOA sends the Invoice to you.

2.3 If you are an Account Holder, you will pay the Price in accordance with the terms for payment agreed with the EOA. If you are not an Account Holder, you will pay the Price within the timescale indicated upon the Invoice.

2.4 You will submit payment with this enrolment form of the price payable by the method you have indicated on the enrolment form.

2.4.1 The EOA agree to sell and you agree to buy the Online Distance Learning Package for the Total Cost/Cash Price and on the terms set out on this page.

2.4.2 Under no circumstances shall we be deemed to have received payment until payment has actually been received by us in full.

2.5 If you wish to transfer to a different course, the EOA may at our sole discretion agree to such transfer, with any additional costs met by the tutee.

2.5.1 There will be a transfer fee which is payable to cover our tuition and/or administrative costs.

2.5.2 After one month and before any fees are paid to the appropriate awarding organisation or tutors, any applicant can apply for a full refund, minus a £100 administrative fee. After that period no refunds will be made.

3. Courses and course material

3.1 All right, title, and interest in the courses in both print and machine readable form remains at all times vested in the EOA, notwithstanding anything to the contrary in these terms and conditions.

3.2 Where you receive the course materials online, you are hereby granted a non-exclusive, nontransferable (save to End Users) license for the Term to access and use the course material for the purposes set out on the Website and for no other purposes whatsoever. The right to use shall include the right for you and for End Users to print out the course materials solely for your (or their) own, individual use and you may not share your login, password or use of the course materials with another person.

3.3 Neither you, nor any End User, may:-

3.3.1 Copy, distribute or otherwise share the course materials with others;

3.3.2 Transfer, rent, sell, or otherwise dispose of the course materials on a temporary or permanent basis without the prior written consent of the EOA;

3.3.3 Download, store, reproduce, transmit, display, publish, copy, distribute or use the course materials;

3.3.4 Modify, adapt, translate or create derivative works of the course materials, save with the prior written consent of the EOA; or

3.3.5 Remove, or in any way alter or change the copyright, trademark or other notices contained in the course materials.

3.6 The support period may vary depending on the nature of the course but the following guidance is provided to help learners map out their timetable with all Levels being completed with in 3 to 6 months within an academic year. All course deadlines are set for the end of August in nay given academic year.

3.6.1 During the Support Period, the EOA will provide you with support and tuition throughout the duration of your course based upon your continuous interaction with your tutor under guidance given in 3.6.

3.6.2 If requested, the EOA may at our sole discretion, extend the Support Period as advised in 3.6, for an agreed fee.

4. Warranties and Limitation of Liability

4.1 The EOA represents and warrants that it has the right and authority to make the Distance Learning Package available to you.

4.2 Where the EOA has provided you with access to any of the online courses, the EOA endeavours to make such access available to you 24 hours per day, 7 days per week. This does not include any period where the iEOA requires to undertake any maintenance whether scheduled or unscheduled, and the EOA does not warrant that the course provision will be uninterrupted, nor does it warrant any particular feature of the course provision.

4.3 Save as set out in Clause 4.1 above, you accept that the Distance Learning Package (DLP) are provided on an "as is" basis and the EOA expressly disclaims all other warranties of any kind, express or implied, including the implied warranties of fitness for a particular purpose and satisfactory quality.

4.4 The EOA warrant that the course materials will be of satisfactory quality but do not warrant that the course materials will be error free.

4.4.1 The EOA will perform any services provided hereunder with reasonable skill and care

4.5 Notwithstanding the foregoing, in the event that you purchase the right to use course material as a consumer (as defined in the Unfair Contract Terms Act 1977), your rights as a consumer are not affected, and in particular:-

4.6. Your statutory rights under the consumer protection (Distance Selling) Regulations 2000 allows you the right to cancel your order as set out on the Invoice if you notify the EOA in writing to the address on the Invoice of your wish to cancel the order, provided that you do so within 7 working days of the date of your conformation of being given access to a course(s).

SMU - (Introduction Cert.) L2 – Administering exams & the exam office role-£360

SMU - (Intermediate Cert.) L3 – Managing & administering examination-£460

SMU – (Higher Cert.) L4 – Managing and administering examinations-£560

SMU – (Advan.Cert.) L5 – Research & develop exams delivery in centres-£660

4.6.1 Refunds (in reference to 4.4.1 only), will be given if applied for within one month of being given access to a online course, excluding an administration fee of £250. After this period of one month no refunds will be given.

4.6.2 In the event that the EOA has granted you access to any of the course online, you may, during the Support Period contact the EOA between 8am to 5pm Monday to Friday (excluding bank or statutory holidays) by telephone, email if you experience difficulties connecting to or using technical features of the online courses and/or help with workshops. Customer emails received by us will be responded to within one (2) working days of receipt unless due to circumstances beyond our control (e.g. phone and website access).
4.7 The EOA intend to rely on the written terms set out here and on the other side of this document. If you require any changes, please ensure you ask for these to be put in writing. In that way, we can avoid any problems surrounding what we, and you, are expected to do.

4.8 Other than in respect of liability for death or personal injury arising from our negligence, the EOA shall not be liable for: (a) losses that were not foreseeable to both parties when this Agreement was made; (b) losses that were not caused by any breach on our part; or (c) business losses and/or losses to non-consumers.

4.8.1 The EOA liability for direct losses arising out of our negligence (other than in respect of liability for death or personal injury), breach of contract or any other cause of action arising out of or in connection with this Agreement shall be limited to the total price paid for the Online Distance Learning Package as quoted.

4.8.2 Other than in respect of liability for death or personal injury arising from our negligence, the EOA shall not be liable for any indirect or consequential loss or damage whatsoever (including without limitation any loss of profits, loss of revenue, loss of opportunity or your liabilities to third parties) which you may suffer arising out of or in connection with this Agreement.

5. Your Obligations

5.1 You hereby represent and warrant that the information you have provided on the Application Form is true and accurate in all respects.

5.2 You accept that you are responsible and liable for any and all breaches of these terms and conditions and any unauthorised or unlawful use of or access to the course materials, whether by your colleagues or any End User. You shall notify the EOA immediately of any such breach or access upon becoming aware of the same. You will indemnify the EOA against any and all costs, demands, expenses or liabilities paid or incurred in connection with claims due to, resulting from or arising in connection with your, or an End User’s, actions or negligence,including but not limited to those attributable to any breach of this agreement or any infringement of any third party intellectual property rights.

5.3 You will take responsibility for the removal of all sensitive personal data on students in your exams centre, that might be included as part of the evidence to support your finally submitted portfolio.

5.3.1 The EOA can use, with your permission any material for exemplar purposes on websites, in publications and in other activities, to help support other learners on their programmes

6. Termination

6.1 Any contract formed under these terms and conditions, may be terminated at any time by the iEOA in the event that you:-

6.1.1 or an End User commit any material breach of any of the provisions of this Agreement, and, in the case of a breach capable of remedy, fail to remedy the same within 30 days after receipt of a written notice of the breach and confirming the intention to terminate if not remedied;

7. General

7.1 Neither party shall be liable to the other for any breach of its obligations here under (other than payment obligations on behalf of the Customer) resulting from any cause beyond its reasonable control including but not limited to fire, strikes, delays in transportation, inability to obtain supplies, hostilities, regulations of any civil or military authority. In the event that such event continues for a continuous period of three months either party may terminate the relevant contract forthwith upon notice in writing to the other.

7.2 The EOA reserves the right to change these terms and conditions, including without limitation, the price list for courses forthwith upon notice to you.

7.3 You may not assign your rights to access and use the course materials without the prior written consent of the EOA. This does not preclude the provision of the course materials to End Users where agreed in advance with the EOA.

7.4 These terms and conditions, and each Application Form, constitute the entire agreement between the EOA and you, and the EOA shall not be liable to you for loss arising from or in connection with any representations (unless fraudulent), agreements, statements or undertakings made prior to the date of execution of this Agreement other than those representations, agreements, statements and undertakings confirmed by a duly authorised representative of the iEOA in writing or expressly incorporated or referred to in this Agreement.

7.5 The waiver by the EOA of a breach or default of any of the provisions of these terms and conditions by you shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of the EOA to exercise or avail itself of any right, power or privilege that it has or may have here under operate as a waiver of any breach or default by you.

7.6 Any notice, request, instruction or other document to be given here under may be delivered or sent by first class post (to be confirmed by letter posted within 12 hours) to the address of the other party set out on the Application Form (or such other address as may have been notified) and any such notice or other document shall be deemed to have been served (if delivered) at the time of delivery (if sent by post) upon the expiration of 48 hours after posting upon the expiration of 12 hours after dispatch.

7.7 If any provisions of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for an invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible, the economic, legal and commercial objectives of the invalid or unenforceable provision.

7.8 In the event that either Party wishes to make any change to any part of these terms and conditions, it shall notify the other providing as much detail as is reasonably possible and the parties shall enter into bona fide discussions with a view to agreeing the changes required to these terms and conditions. In the event that the parties agree such changes they shall be recorded in a document which shall act as a variation to the terms of this Agreement and shall be signed by both parties by way of acknowledgement and acceptance of its terms.

7.9 This Agreement shall be governed by and construed in accordance with English law and the Parties hereto agree to submit to the non-exclusive jurisdiction of the English courts.

8. Privacy Statement
8.1 We are committed to dealing with personal data in the spirit of the Data Protection Act 1998 ("the Act").

8.2 We only collect information about you that you provide us with during the ordering or registration process whether you do this online or by other approved methods.

8.3 We collect this information to enable us to process your orders in an efficient manner and to assist us in seeking to provide a high quality service to you. We also use it for the other purposes set out in this Privacy Statement.

8.4 We agree not to pass your personal data on to any third parties save for the purposes of supplying the goods concerned which may include passing your details to suppliers, couriers and other sub-contractors for the purpose of fulfilling your orders.

8.5 You also consent that we may track your use of the site and use any cookies or personal data for the provision of demographic information of an aggregated and collective nature for our own analysis of commercial trends, site usage and other similar research and statistics. You also consent that we may share this with third parties in an anonymous format that does not allow you to be identified.

8.6 In case of any query about our use of your personal data or about your privacy when using our site or generally please contact us directly.

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