Terms and Conditions

Where to find information about us and our services

You can find everything you need to know about us, Access Skills Limited, and our services on our website before you order. We also confirm the key information to you in writing after you order, either by email or via your online account.

We don’t give business customers all the same rights as consumers 

For example, business customers can’t cancel their orders, they have different rights where there is a problem with our services and we don’t compensate them in the same way for losses caused by us or our services. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

When you buy from us you are agreeing that:

• Services can vary slightly from their specification (clause 2.2)

• We only accept orders when we’ve checked them (clause 3.1)

• Sometimes we reject orders (clause 3.2)

• • We charge you when you order. When ordering for the first time, you must pay us in advance. Otherwise, you must pay us within 14 days of your order (clause 3.3).
  • Where services have commenced, you must pay for our services in full (clause 3.4)

• We charge interest on late payments (clause 3.6)

• VAT is payable on any sums due where applicable. We pass on increases in VAT (clause 3.7)

• We’re not responsible for delays outside our control (clause 3.8)

• We are not responsible for your delays (clause 3.9)

• • We may charge you if you don’t give us information we need (clause 3.10)
  • You do not own any digital content or other materials (clause 3.11)
  • You will comply with your obligations under this agreement (clause 4.1)
  • If you are a consumer and you bought online or over the telephone, you have a legal right to change your mind. (Clause 5.1)

• We can end our contract with you (clauses 5.6, 5.7)

• We can change services and these terms (clause 7.1)

• • We can suspend supply (and you have rights if we do) (clause 7.2)

• We can withdraw services (clause 7.4)

• We don’t compensate you for all losses caused by us or our services (clause 8.1)

• We use your personal data as set out in our Privacy Notice (clause 9.1)

• You have options for resolving disputes with us (clause 10)

• Other important terms apply to our contract (clause 11)

Our Learner Support Team may be contacted as follows:

learnersupport@accessskills.co.uk 

Tel. 0121 510 2169

1. If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. Our services

2.1 We will specify our services and fees before we carry them out

We will provide you with information setting out our services before we provide any services to you (“Service Specification”). The Service Specification may be contained in any documents that we send to you, such as within an order confirmation or education plan. The Service Specification will set out:

2.1.1 the services to be carried out; 

2.1.2 the manner, time and (if applicable) place of delivery of the services; 

2.1.3 the educational qualifications to be awarded; and 

2.1.4 the fees payable in respect of those services. 

2.2 Services can vary slightly from the Service Specification 

Our services may not exactly match the Service Specification, though shall comply with it in all material respects. 

2.3 Your request for changes to the Service Specification is subject to our consent

If you would like to make changes to the contents of the Service Specification, you must tell us in writing immediately. If we agree to such changes, then we will write to you as soon as reasonably possible to confirm the effect (if any) of such changes on any fees and any other terms already agreed between us. Where you accept the effect of such changes (or where there is no effect), then we will provide you with an updated Service Specification.  

2.4 Our services may include the attainment of certain educational qualifications. 

The Service Specification shall confirm whether our services include the delivery of certain educational qualifications to you, such as (but not limited to) awards, diplomas, accreditations and other qualifications (“Deliverables”). Your receipt of the Deliverables is subject to compliance with your obligations in this agreement, including (but not limited to) the obligations contained in clause 4.

3. Orders and payment terms

3.1 We only accept orders when we’ve checked them 

We contact you to confirm we’ve received your order and then we contact you again to confirm we’ve accepted it, at which point a contract will come into existence between you and us on the basis of these terms. 

3.2 Sometimes we reject orders

Sometimes we reject orders, including for example (but not limited to), because a service is unexpectedly unavailable, because (if applicable) a credit reference we have obtained is unsatisfactory, because we can’t verify your age (where the services are age-restricted), because you are located outside the UK or because the service was mispriced by us or is no longer available. When this happens, we let you know as soon as possible and refund any sums you have paid.

3.3 We will charge you when you order our services. Your payment will be due:

3.3.1 where you are ordering our services for the first time, in advance of completing your order; or

3.3.2 for any subsequent orders, within 14 days of submission of our invoice to you.

3.4 Where the services have commenced (which in the case of digital or electronic content, includes where you have accessed, downloaded or viewed any content whatsoever), then you must pay for the entire services ordered in full. If you bought a service (such as an education course) and the services have commenced, you must pay all our charges in respect of the entire services ordered, regardless of whether any services have only been partially delivered. This includes whether or not it has been agreed for any services to be paid by way of instalments. Where you have changed your mind and wish to cancel this agreement:

3.4.1 you will only be refunded in respect of the services where you have cancelled this agreement prior to commencement of the services and in accordance with clause 5; and

3.4.2 where it has been agreed that you may pay for the services by instalments, if you have not cancelled this agreement prior to commencement of the services and in accordance with clause 5, all instalments shall become immediately payable.

3.5 If you are a business customer you have no set-off rights

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

3.6 We charge interest on late payments

If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount. 

3.7 VAT is payable on any sums due. We pass on increases in VAT

VAT (or any other similar or replacement tax) is payable where applicable on any sums due under this agreement. If the rate of VAT changes between your order date and the date we supply the services, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

3.8 We’re not responsible for delays outside our control 

If the supply of our services is delayed by an event outside our control, such as (without limitation) an act of God, war, natural disaster, civil commotion, malicious damage, epidemic or pandemic, any law or any action taken by a government or public authority, accident, breakdown of plant or machinery, or default of suppliers or sub-contractors, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Learner Support Team to end the contract and receive a refund for any services you have paid for in advance, but not received. 

3.9 We’re not responsible for your delays

If you do (or omit to do) anything which prevents or delays us from carrying out the services or otherwise complying with our obligations under this agreement, and subject to clause 8.4 we shall:

3.9.1 notify you in respect of any resulting delay as soon as possible;

3.9.2 not be responsible for any resulting delay in the carrying out of the services; and

3.9.3 if required, but only where it is commercially practicable for us to do so, modify the timetable for delivery of the services. 

3.10 We may charge you if you don’t give us information we need

We may charge you additional sums if you don’t give us information we’ve asked for about how we can provide our services. For example, we might need to reschedule services.

3.11 You do will not own any digital content or other materials

Where the services include any digital content or other materials (“Content”), you acknowledge and agree that the purchase of the services does not transfer ownership of any such Content (including without limitation any intellectual property rights within any Content) to you, and that any digital content or other materials is owned by us at all times. Subject to compliance with your payment obligations under this agreement, you and any authorised users of the relevant digital content (as may be specified in any order or the Service Specification) will have a non-exclusive right to access and use the digital content in accordance with this agreement and for its proper purpose in support of the delivery of the services to you, and in accordance with any other applicable terms and conditions or policies, and the requirements of any applicable Service Specification.

4. Your obligations

4.1 You will cooperate with us in the carrying out of the services.

To allow us to carry out the services under this agreement, you shall:

4.1.1 co-operate with us and provide us with any information reasonably required for the purposes of this agreement,

4.1.2 reasonably and substantially complete the tasks required to be carried out by you under the services including (without limitation) to the standard required for the award of any Deliverables under the Services Specification;

4.1.3 obtain any permissions or consents that might be required for us to carry out the services, before we commence carrying out the services; and 

4.1.4 otherwise comply with the requirements of the Service Specification and any other requirements agreed between us and you. 

5. Ending the contract 

5.1 If you are a consumer and you bought online or over the telephone, you have a legal right to change your mind within 14 days of our acceptance or your order and receive a refund of what you paid for it. This is subject to some conditions, as set out below.

5.2 When you can’t change your mind. You can’t change your mind about an order for: 

5.2.1 digital or electronic content  provided to enable you to receive the services, after you have started to access or download or view these remotely;

5.2.2 services, once these have been completed; and

5.2.3 sealed audio or sealed video recordings or sealed computer software or electronic content, once these products are unsealed after you receive them.

5.3 In all other circumstances, whether you are a business or a consumer, if you change your mind about any of our services and wish to cancel this agreement or any services you must let us know:

5.3.1 In the case of any service, for example, the delivery of an educational course, no later than 14 days before the proposed date for delivery of our services; and

5.3.2 in the case of digital or electronic content for download or viewing (for example, an online educational course or course materials), before you have started to access or download or view it and in any event no later than 14 days after the day we confirm we have accepted your order, although you can’t change your mind about digital content once we have started providing it

and in any event, before the services have commenced.

5.4 How to let us know that you wish to cancel. 

To let us know you want to change your mind, contact our Learner Support Team.

5.5 When and how we refund you. Where you have changed your mind in accordance with this agreement, we shall refund you in relation to the services cancelled as soon as possible and within 14 days of you telling us you’ve changed your mind and wish to cancel this agreement or any services. We refund you by the method you used for payment. We don’t charge a fee for the refund. 

5.6 We can end our contract with you

5.6.1 We can end our contract with you for any services and claim any compensation due to us if:

5.6.1.1 you don’t make any payment to us when it’s due and you still don’t make payment within 14 days of our reminding you that payment is due; 

5.6.1.2 you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the services, for example, information or cooperation required in order to arrange a date and time for delivery of an educational or training course; or

5.6.2 We may also end our contract with you for any services if there are any changes in any relevant laws or regulatory requirements or that are otherwise brought about by any relevant authority that have the effect of adversely affecting the eligibility of our services for government, central or local funding. 

5.7 Where you are a business, either of us can terminate this agreement in certain circumstances

Where you are a business, either of us can terminate this agreement on written notice to the other where:

5.7.1 the other party commits a material breach of this agreement and such breach is not remediable; or

5.7.2 the other party commits a material breach of this Agreement which is not remedied within 30 days of receiving written notice of such breach; or

5.7.3 any consent, licence or authorisation held by the other party is revoked or modified such that the other party is no longer able to comply with its obligations under this agreement or receive any benefit to which it is entitled; or

5.7.4 the other party:

5.7.4.1 gives notice to any of its creditors that it has suspended or is about to suspend payment or if it shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986; or 

5.7.4.2 becomes subject to a moratorium under Part A1 of the Insolvency Act 1986 or a company voluntary arrangement under the Insolvency Act 1986; or

5.7.4.3 becomes subject to a restructuring plan under Part 26A Companies Act 2006 or a scheme of arrangement under Part 26 Companies Act 2006; or

5.7.5 an order is made or a resolution is passed for the winding-up of the other party or an administration order is made or an administrator is appointed to manage the affairs, business and property of the other party or a receiver and/or manager or administrative receiver is appointed in respect of all or any of the other party’s assets or undertaking or circumstances arise which entitle the court or a creditor to appoint a receiver and/or manager or administrative receiver or administrator or which entitle the court to make a winding-up or bankruptcy order; or

5.7.6 the other party is subject to any events or circumstances analogous to those in clauses 5.7.4 and 5.7.5 in in any jurisdiction.

6. Your consumer rights and remedies

6.1 Your rights and remedies if you are a consumer. We honour our legal duty to provide you with services as described in the Service Specification (subject to this agreement) and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have options for resolving disputes with us (clause 10).

7. Changes to the Services, suspension and withdrawal

7.1 We can change the services and these terms

Changes we can always make. We can always change the services:

7.1.1 to reflect changes in relevant laws and regulatory requirements, for example changes in awarding body guidance or direction or changes to course content necessary in response to changes in the law;

7.1.2 to make minor technical adjustments and improvements, for example to address a security threat. These are changes that will not affect your receipt of the services; and

7.1.3 to update course content, provided that the content always materially matches the description of it that we provided to you before you bought it. 

7.2 We can suspend supply (and you have rights if we do) 

We can suspend the supply of our services. We do this to:

7.2.1 deal with technical problems or make minor technical changes;

7.2.2 update our services (including any digital content) to reflect changes in relevant laws and regulatory requirements; or

7.2.3 make changes to our services (including any digital content) (see clause 7.1 (We can change the services and these terms)).

7.3 If we suspend the supply of our services, we will let you know, may adjust the price and may allow you to terminate. 

7.4 We can withdraw services

We can stop providing a particular service at any time provided that we let you know at least 7 days in advance. In such circumstances we refund any sums you’ve paid in advance for services which won’t be provided.

8. Liability

8.1 We don’t compensate you for all losses caused by us or our services

8.2 Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this agreement unless the loss is:

8.2.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

8.2.2 Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control. 

8.2.3 Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

8.2.4 A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.

8.3 Our liability to businesses. If you’re a business, then, except in respect of the losses described in clause 8.4 (Losses we never limit or exclude): 

8.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

8.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the services rendered under an order in relation to which the claim relates. 

8.4 Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

8.4.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

8.4.2 fraud or fraudulent misrepresentation;

8.4.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; 

8.4.4 defective products under the Consumer Protection Act 1987; or

8.4.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.

8.5 No implied terms about goods. We exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

9. Personal Data

9.1 We use the personal data of individuals who use our services as set out in our Privacy Notice. How we use any personal data you give us is set out in our Privacy Notice, which can be found here.  

10. Disputes

You have options for resolving disputes with us

10.1 Our complaints policy. Our Learner Support Team will do their best to resolve any problems you have with us or our services as per our complaints policy, which can be found here.

10.2 You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

11. Other important terms apply to our contract

11.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your services. We’ll tell you in writing if this happens and if you are a consumer we’ll contact you to let you know if we plan to do this. If you are a consumer and you’re unhappy with the transfer you can contact our Learner Support Team to end the contract within 14 days of us telling you about it and we will refund you any payments you’ve made in advance for services not provided.

11.2 You can only transfer your contract with us to someone else if we agree to this. 

11.2.1 If you are a consumer we may not agree if we don’t believe the party to whom you are transferring your contract is able to comply with its obligations contained in this agreement including without limitation the ability to pay any fees due in respect of the Services. We can require the new owner to prove you transferred the contract to them, for example by providing your authentic written confirmation. 

11.2.2 If you are a business you need our agreement to transfer your contract with us and it’s entirely up to us whether we give it.

11.3 Nobody else has any rights under this agreement. This agreement is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

11.4 If a court invalidates some of this agreement, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

11.5 Even if we delay in enforcing this agreement, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.