Terms of Business

1. THESE TERMS

Please read these terms and conditions carefully before you submit your order to us. These terms and conditions tell you who we are, how we will provide our services to you, how you and we may change or end the contract, and other important information. By clicking 'I accept' and submitting an order to us, you are agreeing to these terms and conditions.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Team Teach, a company registered in England and Wales. Our company registration number is 03770582 and our registered office is at 5th Floor, Longbow House, 20 Chiswell Street, London, EC1Y 4TW.

2.2 How to contact us. You can contact us by telephoning our team at +44 (0) 20 3746 0938 or by writing to us at info@teamteach.co.uk and 5th Floor, Longbow House, 20 Chiswell Street, London, EC1Y 4TW.

2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words “writing” or “written” in these terms and conditions, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 You represent and warrant that you are entering into a contract with us wholly or mainly for business purposes. If you are enrolling in a course for yourself, you represent and warrant that you will participate in the course solely in your capacity as an employee, agent, representative or contractor of an organisation and that you intend to use our Methods (as defined in Clause 7.1(d)) in the course of business. If you are entering into the contract on behalf of an organisation in order to enroll one or more employees, agents or contractors (“Personnel”) in a course, you represent that such Personnel will participate in the course solely in their capacity as an employee, agent or contractor of an organisation that intends to use our Methods in the course of business. You represent and warrant that you have full capacity and authority to enter into this Agreement and, if you are entering into the contract on behalf of an organisation, that you are a duly authorised representative of that organisation.

3.2 Once you place your order, we will review your or your Personnel’s enrolment in the relevant course and will email you if such enrolment is accepted. At that point a contract will come into existence between you or your organisation (as applicable) and us (“the contract”). The contract incorporates these terms and conditions.

If we are unable to accept your or your Personnel’s enrolment in a course, we will inform you of this by email and will not charge you for the course. This might be because the course is fully booked or no longer available, or because you or your Personnel do not meet our enrolment criteria (which we may determine as we think appropriate from time to time in our discretion). If you have already paid any amounts for the course, we will refund you what you have paid.

3.3 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

4. YOUR RIGHTS TO CANCEL YOUR ENROLMENT OR MAKE CHANGES

4.1 If you wish to make a change to your or your Personnel’s course enrolment, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the course, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may terminate the contract and your or your Personnel’s enrolment in the course in accordance with our cancellation and refund policy, set out in Clause 11.

4.2 If you wish to make a change to your or your Personnel’s course enrolment, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the course, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may terminate the contract and your or your Personnel’s enrolment in the course in accordance with our cancellation and refund policy, set out in Clause 11.

5. OUR RIGHTS TO MAKE CHANGES AND SUSPEND THE COURSE

5.1 After you have enrolled in a course, we may change the course content:

(a) to reflect changes in relevant laws and regulatory requirements; or

(b) to implement minor changes or improvements.

5.2 In addition, we may on occasion need to make more significant changes to the course. We will notify you of any such changes. If, after we notify you of such changes, you no longer wish to participate in the course, we will cancel your or your Personnel’s enrolment and issue you with a refund of any fees paid, in accordance with our cancellation and refund policy, set out in Clause 11. If we materially change the course after it has started and you wish to discontinue your enrolment in the course, we may retain a portion of fees that reflects services provided to you up to the date you terminate your enrolment.

5.3 We may update the course content from time to time, provided that the course content shall always substantially match the description of it that we provided to you before you enrolled in the relevant course (unless the description is changed in accordance with this Clause 5).

5.4We may have to change the course timing or suspend the provision of a course to:

(a) deal with technical problems or make minor technical changes; or

(b) update the course to reflect changes in relevant laws and regulatory requirements.

5.5 We will use reasonable endeavours to contact you in advance to tell you we will be changing the course timing or suspending provision of your course. If our supply of a course is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. If we have to suspend the course for longer than two months, either we or you may end the contract and your or your Personnel’s enrolment in the course, and we will refund any sums you have paid in advance for the course in respect of the period after you end the contract.

5.6 If you do not pay any part of the fees for your course when you are supposed to and you still do not make payment within seven days of us reminding you that payment is due, we may suspend your or your Personnel’s enrolment in the course until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your or your Personnel’s enrolment in the course. We will not suspend your or your Personnel’s enrolment in the course where you dispute the unpaid invoice. As well as suspending your or your Personnel’s enrolment in the course we can also charge you interest on your overdue payments, pursuant to Clause 13.3.

6. PROVIDING THE COURSE

6.1 You or your Personnel will only be issued with a course certificate, and certified in respect of the methods we teach during the courses (“Our Methods”), once we have determined that you or your Personnel (as applicable) successfully meet all the course criteria and provided that you have fully participated in the course and have paid all fees. The course criteria will be communicated to you or your Personnel (as applicable) during the course.

6.2 The course is scheduled to begin on the date, and will be of the duration, specified in the information made available to you on our website when you placed your order, or provided to you by email. In some circumstances we may need to change the dates during which the course will be provided. Please refer to Clause 5 for further information.

7. YOUR RESPONSIBILITIES

7.1 It is your responsibility to ensure that:

(a) you and your Personnel (if applicable) co-operate with us in all matters relating to the course;

(b) you and your Personnel (if applicable) provide us with such information and materials as we may reasonably require in order to provide the course, and ensure that such information is complete and accurate in all material respects;

(c) you and your Personnel (if applicable) comply with our policies, all applicable laws, regulations, regulatory requirements, by-laws, codes of practice, British Standards and EU or international standards from time to time applicable, and our standards and directions relating to the course and our Methods;

(d) you and your and your Personnel (if applicable) keep all of materials, equipment, documents and other property we provide to you (“Our Materials”) in safe custody at your own risk, maintain Our Materials in good condition until returned to us, and not dispose of or use Our Materials other than in accordance with our written instructions or authorisation.

(e) you will comply with Our Technique Video Usage Terms. The purpose of these video files is to act as a visual reminder and memory aid for course members who have successfully completed a Positive Behaviour Management course, in accordance to the level you are certified. To ensure the full support of Team Teach into any investigation of staff practice in this area it’s vital that staff use, when circumstances are appropriate, responses/ techniques that they have been authorised, trained and certified in. Evidence of such knowledge, skill and understanding should be available and kept by both the lead Team Teach Trainer delivering the training and the employer. It is the employers health and safety responsibility to keep staff updated and qualified in this area should they continue to use the training. Employees also share such a health and safety responsibility.

7.2 We may need certain information from you and your Personnel (if applicable) so that we can provide the course to you or your Personnel. Please refer to our privacy policy, available here

8. INTELLECTUAL PROPERTY RIGHTS

8.1 You acknowledge and agree, and will procure that your Personnel (if applicable) acknowledge and agree, that:
(a) all right, title and interest (including intellectual property rights) in and to Our Materials and Our Methods remain vested in us and that you and your Personnel do not have any rights to Our Materials and Our Methods other than as specifically set out in these terms and conditions; and

(b) any intellectual property rights arising out of or in connection with the course, including but not limited to any improvements, updates, modifications or adaptations to Our Materials and Our Methods, will be owned by us.

8.2 We agree to grant you a non-exclusive, royalty-free licence during the term of your course to use Our Materials and other items we give you for the sole purpose of participating in the course.

8.3 If you or your Personnel (as applicable) successfully complete the course and are certified in respect of Our Methods in accordance with the course criteria set by us, we will grant you or your Personnel (as applicable) the right to use Our Methods and Our Materials following completion of the course for the period of time specified in your certification (which will be a maximum of three years) and on terms that will be communicated to you at the time you complete the course, provided that you and your Personnel (if applicable) comply at all times with our code of conduct, policies, manuals and any other instructions we issue from time to time with respect to Our Methods and Our Materials. We may revoke your certification to use Our Methods and Our Materials at any time if you or your Personnel are, or we reasonably suspect that you or your Personnel are, using Our Methods or Our Materials otherwise than in accordance with our code of conduct, policies, manuals and any other instructions we issue from time to time with respect to Our Methods or Our Materials, or act in a manner which we consider damages our business or brings us, our business, Our Methods or Our Materials into disrepute.

8.4 You and your Personnel (if applicable) may not sub-license, assign or otherwise transfer the rights granted to you under this Clause 8.

8.5 You must, and must procure that your Personnel (if applicable) will:

(a) not remove any copyright or trade mark notices on Our Materials or cause or permit anything to be done which may damage or endanger Our Methods, Our Materials or any other intellectual property of us or our title to them or assist or allow others to do so;

(b) not sell, commercialise, copy, adapt, reverse engineer, modify, display, transmit, create derivative works of, or distribute Our Materials or Our Methods, except as expressly permitted pursuant to these terms and conditions;

(c) notify us of any suspected infringement of our intellectual property rights of which you become aware;

(d) take such reasonable action as we shall direct, at our expense, in relation to any such infringement;

(e) compensate us for any use by you or your Personnel of Our Methods, Our Materials or our other intellectual property rights otherwise than in accordance with these terms and conditions;

(f) on the expiration or termination of the contract for whatever reason, immediately cease all use of our intellectual property rights, except to the extent expressly permitted otherwise under these terms and conditions;

(g) not use, or seek to register, our trade marks or any derivation of them without our consent; and

(h) not use any other trade mark or logo with or in relation to Our Materials or Our Methods.

8.6 You will not, and will procure that your Personnel (if applicable) will not, do, or omit to do, or permit to be done, any act that will or may weaken, damage or be detrimental to our trade marks or other intellectual property rights, or the goodwill associated with them. Any goodwill derived from your use of Our Methods, Our Materials or other intellectual property will accrue to us. You will not, and will procure that your Personnel will not, apply for, or obtain, registration of any marks that are similar to our trade marks in any country in the world.

8.7 You grant, and will procure that your Personnel (if applicable) grant, to us and our affiliates a worldwide, perpetual, irrevocable and royalty-free licence to use and incorporate into Our Methods and Our Materials any suggestion, enhancement, request, feedback, recommendation or correction provided by you or your Personnel relating to our courses.

9. CONFIDENTIALITY

You undertake that you will not, and you will procure that your Personnel will not, during the term of the contract or afterwards, disclose to any person any confidential information concerning our business, affairs, customers, clients, suppliers, intellectual property, Our Materials or Our Methods and that you will use the same degree of care that you use to protect the confidentiality of your own confidential information in respect of our confidential information. You may disclose our confidential information as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority, provided that you give us prior notice of the disclosure (to the extent legally permitted) and reasonable assistance, at our cost, if we wish to contest the disclosure. You may only use our confidential information for the purpose of fulfilling your obligations and exercising your rights under these terms and conditions.

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract and terminate your or your Personnel’s enrolment in a course at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b) you or your Personnel do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the course;

(c) you or your Personnel do comply with our code of conduct, policies, manuals and any other instructions we issue from time to time with respect to Our Methods or Our Materials;

(d) you or your Personnel have, or we reasonably believe you or your Personnel have, infringed our intellectual property rights or other rights;

(e) you or your Personnel have acted in a way that we reasonably believe will or may bring us into disrepute; or

(f) you or your Personnel have engaged, or we reasonably suspect you have engaged, in any illegal, fraudulent, or abusive activity in connection with the contract or your or your Personnel’s enrollment in a course.

11. CONSEQUENCES OF TERMINATION AND REFUND POLICY

11.1 If you terminate the contract or your or your Personnel’s enrolment in a course in one of the circumstances set out in Clause 5.2 or 5.5, we will refund all fees you have paid in advance in respect of your or the relevant Personnel’s enrolment in a course.

11.2 If you terminate the contract or your or your Personnel’s enrolment in a course without cause or in one of the circumstances set out in these terms and conditions (except under Clause 5.2 or 5.5), the following refund policy applies:

(a) if you notify us in writing that you are cancelling your or your Personnel’s enrolment in a course between 4 and 12 weeks in advance of the course start date, we will retain 25% of the fees (plus VAT) payable for the course as a cancellation fee, and will refund you any additional fees you have paid. If you have not yet paid an amount equal to 25% of the course fees (plus VAT), we will invoice you for an amount equal to the difference between the amounts you have paid (if any) and 25% of the fees (plus VAT) for the course;

(b) if you notify us in writing that you are cancelling your or your Personnel’s enrolment in a course less than 4 weeks but more than 2 weeks in advance of the course start date, we will retain 50% (plus VAT) of the fees payable for the course as a cancellation fee, and will refund you any additional fees you have paid. If you have not yet paid an amount equal to 50% of the course fees (plus VAT), we will invoice you for an amount equal to the difference between the amounts you have paid (if any) and 50% of the fees (plus VAT) for the course;

(c) if you notify us in writing that you are cancelling your or your Personnel’s enrolment in a course less than 2 weeks but more than 1 week in advance of the course start date, we will retain 75% of the fees (plus VAT) payable for the course as a cancellation fee, and will refund you any additional fees you have paid. If you have not yet paid an amount equal to 75% of the course fees (plus VAT), we will invoice you for an amount equal to the difference between the amounts you have paid (if any) and 75% of the fees (plus VAT) for the course; and

(d) if you notify us in writing that you are cancelling your or your Personnel’s enrolment in less than 1 week in advance of the course start date, you are not entitled to a refund and we will retain 100% of the course fees (plus VAT). If you have not yet paid 100% of the course fees (plus VAT), we will invoice you for an amount equal to the difference between the amounts you have paid (if any) and 100% (plus VAT), of the fees for the course.

11.3 On termination of the contract or your or your Personnel’s enrolment in a course for any reason:

(a) except to the extent expressly provided otherwise in these terms and conditions, all rights and licences granted to you and your Personnel pursuant to these terms and conditions will cease, and you will immediately cease all use of our intellectual property rights; and

(b) you will immediately pay all amounts due and outstanding to us as at the date of termination; and

(c) you will, and will procure that your Personnel will, immediately return any of our confidential information and Our Materials in your possession or control.

11.3 On termination or expiry of the contract for any reason, Clauses 3.1, 8, 9, 11, 14, 16 and any other clause that by its nature is intended to survive termination or expiry of the contract, will survive such termination or expiry.

12. IF THERE IS A PROBLEM WITH THE COURSE

If you have any questions or complaints about the course, please contact us. You can telephone our team at +44 (0) 20 3746 0938 or write to us at info@teamteach.co.uk and 5th Floor, Longbow House, 20 Chiswell Street, London, EC1Y 4TW.

13. PRICE AND PAYMENT

13.1 The total price for the course (which excludes VAT) will be the price indicated on the order pages when you placed your order or otherwise communicated to you in writing. VAT will automatically be included at checkout.

13.2 We accept payment with Visa, Mastercard, and Amex. You may pay the course fees online or by invoice. If you elect to pay the course fees online, payment of all course fees must be made in full at the time you place your order. If you elect to pay the fees by invoice, you must pay the full course fees at least 30 days before the course start date. You must pay all invoices issued by us in accordance with the contract within 30 days of the date of the relevant invoice.

13.3 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% per annum. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

13.4 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

14. LIABILITY AND INDEMNIFICATION

14.1 To the fullest extent permitted by law, except as expressly provided otherwise in these terms and conditions, we exclude all warranties, representations, terms, conditions or other commitments of any kind, whether express or implied, statutory or otherwise, and we specifically disclaim all implied warranties, including (without limitation) any warranties, representations, terms, conditions or other commitments of merchantability or fitness for a particular purpose or of satisfactory quality or of reasonable skill and care.

14.2 We are not liable under the contract for any indirect or consequential losses or for any loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, or loss of or damage to goodwill (in each case whether direct or indirect).

14.3 Subject to Clause 14.4, our total liability to you arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the course fees paid by you for the course in respect of which the relevant claim or claims arise.

14.4 Nothing in the contract excludes or limits our liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or for any other liability which by law cannot be excluded or limited.

14.5 You will indemnify us full and keep us indemnified against all losses, damages, costs (on a solicitor and own client basis), claims, expenses and liabilities suffered or incurred by us arising out of or in connection with any breach by you or your Personnel (as applicable) of the contract or any misuse by you or your Personnel of our Methods or Materials, or any claim, demand, suit or proceeding made or brought against us by a third party arising from any breach by you or your Personnel (as applicable) of our policies, code of conduct, manuals or any other instructions given by us in connection with our Methods or Materials.

15. HOW WE MAY USE YOUR PERSONAL INFORMATION

15.1 We will only use your personal information as set out in our privacy policy, available here.

16. GENERAL

16.1 We may transfer our rights and obligations under the contract to another organisation. You may only transfer your rights or your obligations under the contract to another person if we agree to this in writing.

16.2 These terms and conditions constitute the entire agreement between you and us in respect of its subject matter and supersede and extinguish all previous agreements, assurances, representations and undertakings between you and us, whether written or oral, relating to its subject matter.

16.3 A person who is not a party to the contract shall not have any rights under or in connection with it (including under the Contracts (Rights of Third Parties Act 1999).

16.4 Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.5 Nothing in the contract is intended to, or shall be deemed to, establish any partnership or joint venture between you and us, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

16.6 No failure or delay by a party to exercise any right or remedy provided under the contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

16.7 The contract, the relationship between you and us and any non-contractual rights and the performance of the obligations in connection with the contract, shall be governed and construed in accordance with the laws of England and Wales and you and we irrevocably submit to the exclusive jurisdiction of the English Courts.