ESA Terms and Conditions for NVQ Registrations
ESA process information about you in accordance with its privacy policy. By using its services, you consent to such processing and you warrant that all data provided by you is accurate.
Scope
The purpose of this document is to set out ESAs general conditions of registration and delivery of NVQ qualifications it offers.
ESA understands that NVQs are a complicated and often labour-intensive process and it is hoped that this document provides greater clarity to its clients.
If you have any questions regarding the content of this document, please do not hesitate to contact ESA.
Please note that any correspondence with ESA may be used for monitoring and training purposes to ensure that it has acted correctly on the instructions given and to help ESA improve the quality of the service it offers.
General Conditions
Forming the agreement
This agreement comes into force when you confirm you would like to proceed with registering an NVQ qualification with ESA. Registering an interest must be received by completing an ‘Expression of Interest’ form.
Disclaimer of warranties and limitation of liability
ESA promises that it will carry out the requested NVQ qualification with care and attention and strive to complete NVQs in a timely manner.
Any liability arising under any agreement between you and ESA shall be limited to any sums paid by you to ESA.
As far as permitted by law, ESA shall not be liable to any person for losses or damages that were not reasonably foreseeable and that were not caused by any contravention on ESAs part.
ESA shall not be liable to any person for any direct or indirect loss or damage as a result of your training or NVQ enrolment. Should any liability arise, it will be limited to the NVQ fee paid.
Our obligations
ESA will provide the candidate with any qualification materials, assessors services, registration with the awarding body and certification, as described in the NVQ qualification. ESA affirms that the qualification materials provided will meet a satisfactory standard. ESA aims to produce materials of the highest quality however it does not affirm that they will be error free. The learner is responsible for inspecting the qualification materials as soon as is
reasonably possible following receipt. It is the learner’s responsibility to contact ESA should the qualification materials not be received in a satisfactory condition.
ESA will not be liable for any failure to perform all of its obligations where that failure is due to the actions of someone else or to any cause beyond its reasonable control.
There are times when your assessor may be away on leave or sickness. This may cause a delay in the completion of your NVQ qualification. There are also other factors that may decrease the rate at which the qualification is finished. However refunds for any temporary delay in service will not be granted.
Your obligation
It is a learner’s responsibility to ensure that all obligations are met. Upon ‘entering into a contract’ by completing the Learner NVQ Registration Form, the learner agrees to complete the required tasks to gain the qualification. The learner’s certificate will only be claimed once the Assessor is happy with the standard of knowledge and evidence provided.
Part of the evidence gathering exercise is for the Assessor to carry out an on-site assessment of the learner. It is the learner’s responsibility to ensure that once an appointment has been agreed with the Assessor that they keep that appointment. If an Assessor has to abort an on-site visit for whatever reason, this would include a no-show from the learner or the Assessor not being allowed on site for security reasons, the learner will be charged for that day and another day would need to be scheduled. An Additional Expenditure Agreement Form will be completed stating the reasons why.
Upon being allocated an Assessor the learner will communicate with that Assessor. If a learner cannot make an appointment it is their responsibility to contact the Assessor. Any out of pocket expenses incurred by the Assessor that cannot be claimed back will be claimed for from the learner and/or their employer. See ‘Additional costs’.
Accreditation
The NVQ qualifications offered are accredited by NOCN. Due to any unforeseeable circumstances, it may be necessary to substitute an awarding organisation for another of similar or superior status. Such substituted accreditation will always be from an Ofqual- regulated provider. ESA reserves the right to do so according to operational requirements, without individual notification.
Plagiarism
ESA will not allow copying of work or use of another person’s work as evidence of competence and where plagiarism is found ESA reserves the right to withdraw the learner from the qualification without a refund of the course fee. You will receive a first written warning through feedback and if it happens a second time, you will be withdrawn from the qualification without compensation.
Copyright
All copyright and other intellectual property rights relating to the qualification’s materials are either owned by or licensed to ESA. Copying, adapting or any other use of all or any part of it without our express permission is strictly prohibited.
GDPR, Data Protection, privacy and security
ESA is a not-for-profit company whose parent companies are two not-for-profit trade organisations – ADSA (Automatic Door Suppliers Association) and DHF (Door & Hardware Federation). Neither organisation will disclose your details to any person, unless you have given your consent or they are compelled to do so by law or in response to a valid, legally compliant request by any law enforcement agency or government authority.
You may be notified by either parent company of any training opportunities where there is legitimate interest.
There is a separate privacy policy covering GDPR which can be made available on request.
Payment terms and fees
Payment is made in two tranches. You or the company you work for will be invoiced at the start of the process but after your assessor has contacted you.
The first invoice will be for:
50% of the ‘expected cost to learner’ amount, as agreed on the ‘Initial Cost Agreement’ form plus the current registration fee required from the awarding body. The registration fee is non-refundable.
The invoice is paid by bank transfer or cheque. Only upon payment of the initial invoice will the NVQ process begin.
The second payment is due once all on-site assessments have been carried out. This will include any additional costs agreed by you or your company prior to concluding the qualification and using the ‘Additional Expenditure Agreement’ form. Any disagreement with any additional costs must be raised prior to you or your company signing to agree to such costs. Additional costs agreed would be for things such as second site visits, no show by you on agreed site visit days, any additional endorsement groups, and the like.
Any discrepancy on the value of the second invoice must be raised at the time of receipt or within 48 hours if received on a non-working day. Only upon payment of the final invoice will ESA request your certificate from the awarding body.
Additional costs
ESA will endeavour to keep additional costs to a minimum. However, on occasion this is governed by the location of sites to be visited for assessment purposes. Please be aware that additional costs for hotels, travel/mileage and other sundries may apply. These additional costs are always agreed by you and your assessor. All additional costs are agreed, and an ‘Additional Expenditure Agreement’ form must be completed. Please be aware that mileage costs are included up to the first 100-mile round trip, additional mileage is charged at 45p per mile.
Promotions
Promotions are subject to availability and may be withdrawn at any time.
Cancellation
Your statutory rights under the consumer protection from unfair trading regulations 2008, allows you 14 days from the date after receipt of invoice and qualification materials in which to make a written request for cancellation by email. In the interests of clarity and for the avoidance of doubt, you should note that telephone cancellations are not acceptable.
Should you experience any problems using the qualification / course materials, please contact ESA.
After the 14 days have elapsed, ESA will not accept a refund request. You remain liable for all fees plus any additional charges incurred for administration regardless of the notice period.
Valid refunds will be processed within 21 working days upon receipt of written cancellation request, less the administration fee incurred on enrolment - this will be calculated on a case by case basis.
The administration fee will consist of any registration fees to the awarding body, costs for time spent processing the booking and any other costs that have arisen as a direct result of the NVQ booking.
Your concerns
If you have any concerns about the above terms and conditions please email nvqtraining@esa.uk.com.
