course provider accreditation agreement sept 2013

7/24/2019 Course Provider Accreditation Agreement Sept 2013

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Date

Course Provider AccreditationAgreement

1

Course Provider Accreditation Agreement (v2)


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Table of Contents

PARTIES ............................................................................................................................................ 3

RECITALS ......................................................................................................................................... 3

1

Definitions and Interpretations .............................................................................................. 3

2 Appointment and scope ........................................................................................................ 9

3 Changes to appointment and scope ..................................................................................... 9

4 Fees and payment................................................................................................................. 9

5 NEBOSH obligations ........................................................................................................... 10

6 Provider obligations ............................................................................................................. 11

7 Courses and Course Programme compliance .................................................................... 12

8

Monitoring compliance ........................................................................................................ 14

9 Examination procedures and compliance ........................................................................... 14

10 Teaching, Assessment Tasks and moderation .................................................................... 15

11 Students and Candidates .................................................................................................... 16

12 Agents ................................................................................................................................. 17

13 Intellectual Property Rights ................................................................................................. 18

14 Use of the Website .............................................................................................................. 19

15

Advertising and promotion .................................................................................................. 19

16 Termination .......................................................................................................................... 20

17 Liability ................................................................................................................................ 21

18 Warranties and Indemnity ................................................................................................... 21

19 Data Protection .................................................................................................................... 23

20 Confidentiality ...................................................................................................................... 24

21 Audit, Inspection and Rights to Information ........................................................................ 25

22

General ................................................................................................................................ 25

23 Governing Law .................................................................................................................... 26

Schedule 1 Conditions and restrictions

Schedule 2 Fee schedule

Schedule 3 Student terms and conditions

Schedule 4 Use of the Approved Logo

Schedule 5 Course Providers Handbook

Schedule 6 Sanctions

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THIS AGREEMENTis made on the day of 20[]

PARTIES

(1) The National Examination Board in Occupational Safety and Health a company

organised under the laws of England and Wales, with the company registration number

02698100, whose registered office is at Dominus Way, Meridian Business Park, Leicester,

Leicestershire LE19 1QW ("NEBOSH").

(2) [ ] a company organised under the laws of [ ],

company number [ ], whose registered office is at [ ] having its

principal place of business at [ ](the"Provider").

Or

"[XYZ College] incorporated under the laws of [INSERT COUNTRY] whose address is at[INSERT ADDRESS]"

Each a party and collectively the parties.

RECITALS

(A) NEBOSH is a leading international provider of accredited and recognised health and

safety, environmental and risk management qualifications both directly and through

Accredited Course Providers upon which students can obtain NEBOSH Qualifications.

(B) The Provider is engaged, directly and through its Agents in the business of providingcourses and examinations to students and wishes to become an Accredited Course

Provider.

(C) NEBOSH hereby appoints the Provider as an Accredited Course Provider of NEBOSH

recognised health and safety, environmental and risk management courses subject to the

terms and conditions of this Agreement.

For the avoidance of any doubt the recitals shall form part of this Agreement.

NOW IT IS AGREED AS FOLLOWS

1 Definit ions and Interpretations

1.1 The following terms shall have the following meanings:

Accredi tat ion

Condition

means a requirement which the Provider must meet, with

deadlines, relating to non-compliance with Accreditation

Criteria. For the avoidance of any doubt an Accreditation

Condition may be imposed at any stage or as a result of

ongoing monitoring;

Accredi tat ion

Criteria

means the minimum requirements specified by NEBOSH

that a Provider must meet in order to achieve or maintainaccreditation to offer NEBOSH Course Programmes as

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specified by NEBOSH in writing from time to time;

Accredi ted Course

Provider

shall mean a college, teaching establishment, institution or

other entity which is accredited or approved by NEBOSH

to organise and offer Course Programmes to Students and

enter Candidates for NEBOSH Assessment Tasks. The

term centre is commonly used by the Regulatory

Authorities to denote the same;

Agent (s) means any third party individual, body or organisation

whether a group company, subsidiary or otherwise of the

Provider;

Agreement shall mean this agreement together with all schedules,

policies and other documents attached or referred hereto,

as amended from time to time in accordance with the

terms and conditions contained herein;

Appl ication Form means the form completed by the Provider prior to entering

into this Agreement which represents the basis upon which

NEBOSH entered into this Agreement with the Provider;

Approved Logo means the version of the NEBOSH logo given to the

Provider (whether in electronic form or otherwise) that

includes the applicable Course Provider Number for

promotional and advertising purposes as further set out in

Schedule 4;

Assessment means the process of making judgements about the extent

to which a Candidates work meets the Assessment

Criteria for a Qualification or Unit, or part of a Unit;

Assessment

Criteria

means the requirements that Candidates need to meet in

order to achieve success (or a given grade) in a

Qualification or Unit or part of a Unit;

Assessment

Task(s)

means any form of internal or external assessment

including written, oral and/or practical Examinations, tests,

assignments and projects;

Assessor means the person named in the Providers Application

Form, who is responsible for Marking NEBOSH

Assessment Tasks that undergo Internal Assessment by

the Provider;

Awarding means the process through which Candidates grades are

determined on the basis of assessment evidence;

Awarding Body means an organisation or consortium that awards

Qualifications. For the avoidance of any doubt an

Awarding Body must be recognised by the RegulatoryAuthorities to be able to award Qualifications;

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Commencement

Date

means the date stated at the start of this Agreement;

Complaints Policy means the NEBOSH policy setting out details of how

Students and Candidates can make complaints, which isavailable on the NEBOSH Website or can be requested

directly from NEBOSH;

Candidate means a person who is registered with an Awarding Body

for an Examination to undertake Assessment Tasks for a

Qualification or Unit;

Confidential

Information

means information (whether or not recorded in

documentary form, or stored on any magnetic or optical

disk or memory) relating to the business, products, affairs

and finances of NEBOSH for the time being confidential to

NEBOSH and trade secrets including, without limitation,

technical data and know-how relating to the business of

NEBOSH or any of its or their business contacts;

Course

Programme(s)

means a programme of learning in respect of the courses

given by the Provider to prepare Students for Assessment

Tasks in order to obtain a NEBOSH Qualification or Unit;

Course Provider

Handbook

means the NEBOSH Course Provider Handbook as set out

in Schedule 5 and amended from time to time;

Course ProviderNumber

means the unique reference number allocated byNEBOSH to the Provider for identification purposes;

Course Provider

Interface

means the online services provided by NEBOSH through

the Website;

Enrolment means the process of formally notifying NEBOSH of a

student who is undertaking a course programme with a

Provider which will lead to a NEBOSH qualification.

Enrolment is a requirement for students taking NEBOSH

Diploma-level qualifications. Enrolled students must still

register as Candidates to undertake Assessment tasks;

Examination means the controlled conditions specified by NEBOSH

during which Candidates respond to Assessment Tasks.

This includes written examinations (a written response will

produce a Script) and practical examinations;

Examiner means an individual with subject expertise responsible for

the Marking of Candidate performance against defined

standards typically expressed as Assessment Criteria or a

mark scheme using their professional judgement;

External means where Assessment Tasks are set, and Candidates

responses are marked, by the Awarding Body rather than

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Assessment the Provider;

Fees means the charges levied by NEBOSH for its services, as

more specifically detailed in clause 4 and Schedule 2;

Guide(s) means the NEBOSH publication containing the Syllabus,

Assessment Tasks and Specification for a NEBOSH

Qualification;

Intellectual

Property Rights

means any and all patents, trademarks (including the

Approved Logo), rights in domain names, rights in designs,

copyrights and database rights (whether registered or not

or any applications to register or rights to apply for the

registration for any of the foregoing) rights in confidential

information and all intellectual property rights of a similar or

corresponding character which may subsist now or in the

future in any part of the world;

Internal

Assessment

means an assessment where Candidates responses to

Assessment Tasks are marked by the Candidates Course

Provider, subject where appropriate to external moderation

or verification by the Awarding Body;

Malpractice/

Malpractice Policy

means any deliberate activity, neglect, default or other

practice by Candidates and/or the Provider that

compromises the integrity of the assessment process,

and/or the validity of the certificates/Qualification.

Malpractice may include a range of issues from collusionor use of unauthorised material by Candidates, to the

failure to maintain appropriate records or systems by the

Provider to the deliberate falsification of records for the

purpose of completion of a course, Unit and/or

Qualification. Further details of what constitutes

Malpractice and the NEBOSH Malpractice Policy are

available on request and on the Website;

Marking means the process by which Examiners use a mark

scheme and professional judgment to assess Candidate

responses to Assessment Tasks;

Qualification means an award made by an Awarding Body for

demonstration of achievement or competence;

Question Paper(s) means a document generated by NEBOSH and forwarded

to the Provider containing the Assessment Tasks to which

Candidates provide written responses during an

Examination which produces a Script;

Regulatory

Author it ies

means Government-designated statutory organisations

required to establish national standards for qualifications

and secure consistent compliance with them;

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Rules means the rules and regulations that may be set out by

NEBOSH and/or the Regulatory Authorities from time to

time including the terms of this Agreement, Instructions for

Conducting Examinations and the Malpractice Policy and

any other policies issued by NEBOSH from time to timewhich may also be found on the Website;

Sanctions means the NEBOSH sanctions for accredited non-

compliance as set out in Schedule 6 and amended from

time to time;

Script means a Candidates written response to an Assessment

Task;

Services means the organisation and provision of the courses by

the Provider through the Tutor or Team in accordance with

this Agreement, the Student Terms, and the Course

Provider Handbook using its best endeavours to enhance

the reputation and quality of NEBOSH, the Qualifications,

the Syllabus and the Assessment Task;

Specification means the complete description, including mandatory and

optional aspects of the Syllabus, Assessment Task

arrangements and performance requirements for a

Qualification;

Student means an individual who has signed up for a course with

the Provider. A Student may also be a Candidate if they

have registered with NEBOSH for an Examination;

Student Terms means the NEBOSH General Conditions for Students

relating to Enrolment with NEBOSH and registration for

NEBOSH Examinations as set out in Schedule 3 from time

to time amended;

Syllabus means an outline and summary of topics to be covered by

a Qualification in accordance with the Guide and

Specification;

Team means a team of Tutors specified by the Provider in its

Application Form;

Term means from the Commencement Date;

Trackback means the recommended form of secure courier delivery

allowing the current status of a package to be followed

while it is in transit;

Tutor means the person(s) specified by the Provider in its

Application Form responsible for delivery of a Course

Programme in order to prepare Students for Assessment

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Tasks set for a NEBOSH Qualification or Unit;

Unit means the smallest part of a Qualification that is capable

of certification in its own right. Units may be designed as

part of a specific Qualification or group of Qualifications, or

designed independently (e.g to be taken for stand-alone

certification or to attract credit and be built up towards

qualifications). Units may consist of separately assessed

components. For the avoidance of doubt none of this

implies that Units must be taught or delivered as discrete

entities;

Venue(s) means the location/premises specified by the Provider

where the course delivery and/or Examination takes place;

Website means the internet website http//:www.nebosh.org.uk.

1.2 All of the terms and conditions of any schedules, Application Form and any other

associated/supporting documents including any amendments thereto, are

incorporated herein to this Agreement and made a part hereof as if such terms and

conditions were set forth in this Agreement. The parties agree that in the event of

any conflict, the terms of this Agreement (as amended) shall control the parties

rights and obligations and shall prevail over all other documents.

1.3 References to clauses and schedules are to the clauses and schedules of this

Agreement and references to paragraphs are references to paragraphs in the

relevant schedule.

1.4 The schedules attached to this Agreement form an integral part of this Agreement.

1.5 Unless the context otherwise requires, words importing the singular include the

plural and vice versa, references to any gender include every gender and

references to persons include an individual, company, corporation, firm,

partnership, unincorporated association or body of persons.

1.6 The headings to clauses, schedules and paragraphs are inserted for convenience

only, have no legal effect and shall not affect the interpretation of this Agreement.

1.7 Reference to includeand includingare to be construed without limitation.1.8 Reference to daysmeans working days unless specified to be otherwise

1.9 References to any statute or statutory provisions will, unless the context otherwise

requires, be construed as including references to any earlier statute or the

corresponding provisions of any earlier statute, directly or indirectly amended,

consolidated, extended or replaced by such statute or provision, or re-enacted in

such statute or provision, and to any subsequent statute or the corresponding

provision of any subsequent statute directly or indirectly amending, consolidating,

extending, replacing or re-enacting the same and will include any orders,

regulations, instruments, or other subordinate legislation made under the relevant

statute or statutory provision which are in force prior to the date of this Agreementor subsequently.

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1.10 A reference to writingor writtenincludes faxes but not e-mail.

2 Appointment and scope

2.1 NEBOSH wishes to appoint the Provider as an Accredited Course Provider for the

provision of the Services during the Term.

2.2 In consideration of payment of the Fees NEBOSH shall permit the Provider for the

Term to offer to Students the NEBOSH courses which may lead to the NEBOSH

Qualifications.

2.3 The Provider shall only perform the Services to the extent agreed and as set out in

Schedule 1. Schedule 1 also sets out any specific conditions and/or details upon

which the Provider can sub-licence the terms of this Agreement to Agents in order

for Agents to offer the same on the same terms to Students.

2.4 A Provider being given status as Accredited Course Provider does not mean that

NEBOSH has approved all teaching and course materials as being satisfactory and

fit for purpose, and it is the responsibility of the Provider to ensure that all teaching

and course materials are satisfactory and fit for purpose.

2.5 For the avoidance of any doubt, the Provider acknowledges and agrees that

NEBOSH shall be free at any time and without obligation reserves the right to

appoint other providers and continue to offer other providers in the same territory

as the Provider the same rights and obligations given to the Provider under this

Agreement.

3 Changes to appointment and scope

3.1 If the Provider wishes to extend the Term or make any changes relating to any of

the rights under schedule 1 to include offering additional NEBOSH courses, it shall

submit a written request for NEBOSHs consideration. The written request should

follow the lines of the Application Form and should contain sufficient detail as set

out in the Application Form in order for NEBOSH to make a decision.

3.2 Any written request pursuant to clause3.1 must be lodged with NEBOSH at least 6

(six) weeks before the expiry date of the Term or the proposed commencement of

any additional courses (as the case may be).

3.3 The Provider will be expected to satisfy the Accreditation Criteria and an overall

assessment of the Provider, it Agents may be undertaken by NEBOSH to ensure

the Provider and/or any agreed Agents can comply with the quality standards

required by NEBOSH and the Regulatory Authorities.

3.4 NEBOSH may impose conditions at any stage of this Agreement with deadlines,

relating to non-compliance with Accreditation Criteria. Any such conditions and

changes shall be set out in an amended schedule 1.

4 Fees and payment

4.1 In consideration of the benefits provided to the Provider under the terms of this

Agreement including NEBOSH making the Provider an Accredited Course Provider,the Provider agrees to pay NEBOSH the Fees (exclusive of Value Added Tax and

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5.1.2 allow the Provider to use the NEBOSH Approved Logo, which is a

registered trade mark or any other marks, registered or unregistered, of

which NEBOSH is the proprietor provided that such use complies with the

regulations set out in Use of NEBOSH logo (Schedule 4 of this

document). Any other use of NEBOSHs marks shall be subject toNEBOSHs prior written approval as to size, colour, location and such

matters as NEBOSH may reasonably desire to control which may or may

not be set out in NEBOSHs branding guidelines; and

5.1.3 act dutifully and in good faith towards the Provider in connection with the

performance of its obligations under this Agreement; and

5.1.4 comply with all laws in force anywhere in the United Kingdom and all bye-

laws having the force of law anywhere in the United Kingdom which are

applicable to the Course Programmes

6 Provider obligations

6.1 The Provider shall during the Term:

6.1.1 promptly, diligently and professionally provide the Services in accordance

with the terms of this Agreement and in accordance with the various

NEBOSH policies in force, NEBOSHs reasonable instructions and as

NEBOSH may advise from time to time; and

6.1.2 provide the Services in accordance with any standards that NEBOSH or the

Regulatory Authorities may set out from time to time, conduct itself in an

orderly and businesslike manner and comply with all laws and byelaws of a

governmental nature applicable to the Provider and NEBOSH; and

6.1.3 except as otherwise provided in this Agreement, at all times during the

Term obtain, maintain and make available all necessary assets, equipment,

premises, vehicles, personnel and other facilities required for the supply of

the Services to the Students and Candidates; and

6.1.4 ensure any reporting systems software is maintained and secure at all

times; and

6.1.5 ensure that the manner in which it performs or provides the Services does

not have any adverse effect on the name, trading image Approved Logo or

business of NEBOSH; and

6.1.6 to act dutifully and in good faith toward NEBOSH in all matters relating to

the performance of its obligations under this Agreement; and

6.1.7 not delegate any duties or obligations arising under this Agreement to any

Agents or other third parties otherwise than may be expressly permitted

under its terms and then only on the condition that the Provider shall

remain primarily liable in respect of those duties or obligations; and

6.1.8 not employ Agents, sub-agents or contractors to perform the Services other

than as expressly set out in this Agreement or unless it has the prior written

consent/approval of NEBOSH; and

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6.1.9 inform NEBOSH in advance and provide NEBOSH with reasonable details

thereof of any event or circumstance which the Provider is aware (or ought

reasonably to have been aware) is likely to have a materially detrimental

effect on NEBOSH and/or the Services; and

6.1.10 obey NEBOSH's lawful orders and instructions in relation to the

performance of the Services and, in the absence of any such orders or

instructions in relation to any particular matter, to act in such manner as the

Provider ought reasonably to have considered to be most beneficial to

NEBOSH; and

6.1.11 when carrying out the Services at the Venue, comply with and shall procure

that its personnel shall comply with all of the policies and procedures for the

time being in force; and

6.1.12 not describe itself as agent or representative of NEBOSH and/or commit or

bind NEBOSH in any way except as expressly authorised by NEBOSH inwriting; and

6.1.13 not make any representations or to give any warranties to Candidates

and/or Students in relation to NEBOSH, the courses, Course Programmes,

Examinations, Task Assessment or any other such matters and refer the

same to NEBOSH; and

6.1.14 provide promptly in writing full details of any change in the name, address,

trading name or ownership of the Provider or its approved Agents; and

6.1.15 ensure all Fees and other amounts levied by the Provider in relation to this

Agreement and charged to the Students (the "Price") are expressed clearly

and unambiguously in writing (and, where appropriate, itemised) prior to

the commencement of a Course Programme to which the Student is

enrolled and the Price must state clearly whether it is inclusive or exclusive

of all sums associated with an Examination; and

6.1.16 ensure all Students confirm that they have read and understood the

Student Terms and a record of the same is retained by the Provider and

produced to NEBOSH upon request.

7 Courses and Course Programme compl iance

7.1 The Provider agrees that it will provide the Course Programme in accordance withthe terms of this Agreement and will comply with the Rules.

7.2 The Specification together with the Guide shall form the basis of any Course

Programme leading to a Qualification the Provider wishes to offer.

7.3 The Provider agrees to send to NEBOSH within 7 days of request at any time and

from time to time copies or sample copies (as NEBOSH may specify in its sole

discretion) of all course notes to be used in the Course Programme whether

prepared by Tutors, Agents or other employees or subcontractors of the Provider.

7.4 Any significant change proposed by the Provider to the presentation of any Course

Programme must be notified in writing to NEBOSH in advance for the prior writtenapproval of NEBOSH (which approval may be denied by NEBOSH in its sole

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discretion). Such proposed changes include (but are not limited to) the

composition of the Team, the duration of the Course Programme, mode of delivery,

and any other factor that may have a material affect on the basis of accreditation.

7.5 If a Tutor is incapacitated or otherwise unavailable other than in the immediate

short-term, NEBOSH must be notified promptly in writing together with a summary

of the proposed alternative arrangements.

7.6 Any changes to the Assessors previously approved by NEBOSH will be subject to

the prior written approval of NEBOSH, and NEBOSH may in its sole discretion

approve or reject any new Assessor.

7.7 The Provider shall:

7.7.1 comply with all applicable laws, statutes, and regulations relating to anti-

bribery and anti-corruption including but not limited to the Bribery Act 2010;

7.7.2 not engage in any activity, practice or conduct which would constitute anoffence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity,

practice or conduct had been carried out in the UK;

7.7.3 have and shall maintain in place throughout the term of this agreement its

own policies and procedures, including but not limited to adequate

procedures under the Bribery Act 2010, and will enforce them where

appropriate;

7.7.4 promptly report to NEBOSH any request or demand for any undue financial

or other advantage of any kind received by the Provider in connection with

the performance of this Agreement;

7.7.5 immediately notify NEBOSH (in writing) if a foreign public official becomes

an officer or employee of the Provider or acquires a direct or indirect

interest in the Provider (and the Provider warrants that it has no foreign

public officials as officers, employees or direct or indirect owners at the

date of this Agreement);

7.8 The Provider shall ensure that any person associated with the Provider who is

performing services in connection with this Agreement does so only on the basis of

a written contract which imposes on and secures from such person terms

equivalent to those imposed on the Provider in this clause 7 (the "Relevant

Terms"). The Provider shall be responsible for the observance and performance

by such persons of the Relevant Terms, and shall be directly liable to NEBOSH for

any breach by such persons of any of the Relevant Terms.

7.9 If the Provider fails to perform or observe any of the Relevant Terms, and if

requested by NEBOSH:

7.9.1 where the breach is not capable of remedy, NEBOSH shall have the option

to terminate this Agreement immediately; or

7.9.2 where the breach is capable of remedy, NEBOSH shall give notice that the

Agreement is to terminate 30 days from the date of the notice being given

unless the Provider has remedied the breach within that period.

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7.10 For the purpose of this clause 7, the meaning of adequate procedures and foreign

public official and whether a person is associated with another person shall be

determined in accordance with section 7(2) of the Bribery Act 2010 (and any

guidance issued under section 9 of that Act), sections 6(5) and 6(6) of that Act and

section 8 of that Act respectively. For the purposes of this clause 7 a personassociated with the Provider includes but is not limited to any subcontractor of the

Provider.

8 Monitoring compliance

8.1 For the purpose of Accreditation Criteria and general quality assurance and for

monitoring compliance with the terms of this Agreement, the Provider undertakes to

allow NEBOSH, its representatives and the Regulator all reasonable access to:

8.1.1 the Course Programmes, (including, but not limited to, access to Venues

and to Tutors, Assessors, personnel involved with the assessment process

and Students); and

8.1.2 physical access to the Providers premises, systems (including secure

areas of any websites) and classes, including course administration,

support services and materials.

8.2 Such access includes monitoring visits, unannounced inspection visits by NEBOSH

and/or its representatives and / or the Regulator at the time of Examinations. Visits

at other times will normally be undertaken on not less than fourteen (14) days

written notice by NEBOSH, except when NEBOSH considers in its sole discretion

that it has exceptional reason to call unannounced.

8.3 Where NEBOSH reasonably believes the Provider has committed a breach of the

Malpractice Policy NEBOSH may, at its discretion, impose such conditions (at the

Providers expense) on the Provider for the running of a Course Programme or

holding of an Examination as NEBOSH deems appropriate.

8.4 The Provider acknowledges that if there has been any finding by NEBOSH of

Malpractice by the Provider NEBOSH may direct that it will not be permitted to

register Candidates for NEBOSH Examinations.

9 Examination procedures and compliance

9.1 The Provider shall notify NEBOSH of the Venue where any Examination is to beheld and NEBOSH shall have a right to inspect such Venue prior to the

commencement or end of any Examination.

9.2 Where the Provider changes the Venue it has notified to NEBOSH pursuant to

clause9.1 as the location for an Examination it shall notify NEBOSH in advance of

the Examination being held at such new location.

9.3 NEBOSH will despatch Question Papers for Examinations no later than five (5)

working days prior to the relevant Examination date to the address given to

NEBOSH by the Provider.

9.4 The Provider hereby undertakes to comply with any security obligations as notifiedby NEBOSH from time to time.

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9.5 The Provider agrees to notify NEBOSH immediately when it has and/or each

Venue has received the Examination Question Papers.

9.6 The Provider undertakes at its own expense within two (2) working days after the

date of the Examination to send Question Papers, completed Examination Scripts

and a full list of Candidates who sat the Examination to NEBOSH by secure

Trackback courier facility or by such other means as NEBOSH may specify from

time to time.

9.7 Any risk with regard to Examination Scripts shall not pass to NEBOSH until it

receives the same.

9.8 The Provider agrees to send details of its Examination, investigation and security

procedures to NEBOSH within seven (7) working days of any request by NEBOSH

for such details.

9.9 The Provider agrees to consult NEBOSH and/or the NEBOSH Instructions for

Conducting Examinations Policyin relation to any further information it requires on

Examination Procedures.

10 Teaching, Assessment Tasks and moderation

10.1 The Provider undertakes that it, its Agents, employees, and subcontractors will at

all times conduct the teaching of Students in a professional and efficient manner

and will carry out Candidate Internal Assessments in accordance with the Guides

for the relevant NEBOSH Qualification and any further guidance issued by

NEBOSH from time to time.

10.2 The Provider undertakes that it will give appropriate guidance to Students asspecified in the Guides for the relevant NEBOSH Qualification and any further

guidance issued by NEBOSH from time to time.

10.3 The Provider agrees and undertakes that it will despatch Candidate Scripts for

Assessment Tasks undertaken by the Provider as set out in the Guides.

10.4 The Provider agrees and undertakes that it will retain all Scripts marked (for

example, practical Examinations and workplace-based assignments and projects)

on behalf of Candidates for such periods of time as NEBOSH may specify from

time to time and despatch such Scripts to NEBOSH by Trackback or other secure

means when NEBOSH so requests.

10.5 If the Marking of any Provider based Assessment Task differs substantially from the

Marking criteria of NEBOSH, then NEBOSH shall be entitled to impose upon the

Provider an alternative Marking system or Marking by an alternative body which

shall be immediately implemented by the Provider.

10.6 The Provider agrees and undertakes that it will:

10.6.1 make all of their Students aware of the Malpractice Policy immediately prior

to the commencement of each Course Programme and, in particular (but

not by way of limitation) of the arrangements set out in the Malpractice

Policy relating to investigations; and

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10.6.2 ensure all Students have access to a copy of the Student Terms at all times

and in particular prior to a Student entering into a Course Programme and /

or register for a NEBOSH assessment.

10.7 Where Registering or Enrolling candidates with NEBOSH, the Provider undertakes

to ensure that:

10.7.1 if completed online, it will comply with the relevant requirements of the

Course Provider Interface; or

10.7.2 in all other cases, Students complete and sign NEBOSH registration and

enrolment forms;

prior to commencing a Course Programme.

10.8 Any NEBOSH enrolment forms signed pursuant to clause 10.7.2 shall be returned

to NEBOSH by the specified closing date.

10.9 NEBOSH reserves the right to implement all Registrations and Enrolments through

the NEBOSH Course Provider Interface.

10.10 NEBOSH agrees to check that Internal Assessments are monitored by the

Awarding Body to ensure that such assessments are reliable, fair and consistent

with required standards, between Assessors, between Accredited Course Providers

and will make adjustments to results where required to compensate for any

differences in standards that are encountered.

11 Students and Candidates

11.1 The Provider agrees and undertakes to ensure that:

11.1.1 Students register as Candidates for each individual NEBOSH Assessment

Task the Student wishes to take.

11.1.2 Enrolled Students register as Candidates for individual NEBOSH diploma-

level examinations and Assessment Tasks. This will incur a registration fee

payable by the Candidate.

11.1.3 if any Students wish to transfer to a different Accredited Course Provider

then the Provider will act reasonably and do whatever is reasonable in the

circumstances to seek to permit such transfer.

11.2 Any suspected Malpractice or breach of the Malpractice Policy by a Student,Candidate or Provider must be reported to NEBOSH without delay, any failure to

report any Malpractice shall be considered a material breach of this Agreement.

11.3 NEBOSH will notify the Provider within a reasonable time if NEBOSH receives

complaints relating to the Provider.

11.4 NEBOSH will deal with all complaints as specified in its Complaints Policy without

prejudice to any other rights NEBOSH may have.

11.5 The Provider agrees and undertakes that it will abide by and comply with the rules

set out in the Complaints Policy and any decisions made by NEBOSH against the

Provider.

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11.6 In the event of an unavoidable course termination, the Provider agrees to provide

reasonable advance notice to Students including any Candidates and NEBOSH,

and will continue to provide Tutor support and Examination facilities at the Venue

(appropriate to the NEBOSH Qualification) for a minimum of two standard

Examination sittings following the course end date, or arrange for the transfer ofStudents to another Accredited Course Provider with the same method of course

delivery, at no additional cost to the Student or NEBOSH.

11.7 The Provider agrees to using its best endeavours that no conflict of interests will

arise between it, its Agents, any of its staff or Students.

12 Non-Compliance

12.1 Subject to clause 12.2, in the event that the Provider does not comply with its

obligations under this Agreement, the Sanctions (see schedule 6) will apply in

accordance with the level and frequency of irregularities listed in the Sanctions.

12.2 The Provider acknowledges that the Sanctions are a guide only and NEBOSH

reserves the right to apply whatever sanctions it deems fit, regardless of whether or

not it is included within the Sanctions.

13 Agents

13.1 The Provider may only use Agents to provide the Services who have been

approved by NEBOSH as set out in schedule 1. The Provider is in no

circumstances able to enter into agreements with Agents without NEBOSHs prior

written consent.

13.2 NEBOSH will provide written consent if it is satisfied that the Agent can comply fully

with the terms of this Agreement.

13.3 The Provider will be primarily liable for all the actions/omissions/non compliance of

any Agent and the Provider must ensure that the Agents comply fully with the terms

of this Agreement.

13.4 The Provider shall make clear to the public, Students and Candidates in any

advertising and/or marketing details of the organisation performing the Services

and the nature of the relationship between the Provider and the Agent.

13.5 Any literature or correspondence supplied by an Agent to Students, Candidates

(potential or otherwise), must clearly identify the Accredited Course Provider

providing the Services and the Agents relationship to the Provider.

13.6 The Provider shall remain fully responsible for the administration and invigilation of

all Examinations and Assessment Tasks.

13.7 Agents cannot:

13.7.1 represent themselves as an Accredited Course Provider; or

13.7.2 communicate with NEBOSH on the Providers behalf; or

13.7.3 enter the NEBOSH Website to amend the Provider details.

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13.8 In its Application Form the Provider must list all third party interests applicable to its

application and inform NEBOSH of any additional third party ventures which it

acquires during the Term.

13.9 NEBOSH reserves the right to refuse and/or withdraw any rights or benefits

conferred upon an Agent through this Agreement during the Term of this

Agreement.

14 Intellectual Property Rights

14.1 Where the Provider uses the Approved Logo, the Provider shall faithfully and

accurately reproduce the colour, design, and appearance of the Approved Logo as

advised to the Provider by NEBOSH (including the Course Provider Number and

any trade mark notices) and comply with any brand guidelines issued by NEBOSH

in respect of the same.

14.2 Where the Provider uses any NEBOSH images, it shall do so on a stand-alonebasis and shall not modify, add to or remove any part of such NEBOSH images

unless prior consent has been obtained.

14.3 The Provider shall not use and shall procure its Agents not to use the Approved

Logo or any other Intellectual Property Right other than in accordance with this

Agreement or in any way which might be obscene or defamatory or bring into

disrepute NEBOSH, the NEBOSHs brand, the NEBOSHs Intellectual Property

Rights or the rights and interests of NEBOSH.

14.4 The Provider shall ensure that the Agent does not use any of the Intellectual

Property Rights (including the Approved Logo) in any way which expressly or by

implication may create an association between the Agent and NEBOSH (unless

prior written consent has been given).

14.5 The Provider agrees that it will only use the Approved Logo in the manner and for

the purposes specified by NEBOSH in writing and will not use any logo, trade mark

or name of NEBOSH other than the Approved Logo relating to the courses.

14.6 The Provider agrees (and shall procure its Agents) to immediately cease all use of

any rights relating to NEBOSH Intellectual Property Rights (including the Approved

Logo) when this Agreement is terminated or when the Provider or its Agent is

otherwise in breach of this Agreement.

14.7 All Intellectual Property Rights in all Assessment Tasks and Question Papers and

Examiners reports submitted by NEBOSH to the Accredited Course Provider and

in all trade marks, logos (including the Approved Logo) and names of NEBOSH

shall remain vested in NEBOSH.

14.8 The Provider is not authorised to reproduce or distribute Examination papers

and/or Examiners reports without the prior written consent of NEBOSH and (if

NEBOSH gives such consent) upon such terms as NEBOSH may specify.

14.9 Upon the expiration or termination of this Agreement the Provider shall (and shall

procure the Agent) to cease any and all display of the Approved Logo or any other

Intellectual Property Right of NEBOSH. The Provider also agrees not to register or

use any trademark or trade name confusingly similar to NEBOSHs trademarks,

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trade name or Approved Logo nor to use or register any package designs or

advertising copy of other indicia of origin associated with NEBOSH.

14.10 The Provider will immediately bring to the notice of NEBOSH any improper or

wrongful use of the Approved Logo or any other Intellectual Property Right of

NEBOSH.

14.11 The Provider shall indemnify NEBOSH against any loss or third party claims it may

receive arising from any breach of this clause14.

15 Use of the Websi te

15.1 The Provider may only access, use and/or link to the Website (whether through

hyperlinks or otherwise) in accordance with the terms of use posted by NEBOSH

from time to time on the Website and only for the Term of this Agreement.

15.2 The Provider warrants that it, its Agents, employees and subcontractors will not

divulge the passwords for the Website to any third party.

15.3 The Provider shall not and shall procure any of its Agents not to:

15.3.1 set up any websites which are the same or similar to the Website;

15.3.2 use any Approved Logo or any other logo which is confusingly similar to the

Approved Logo on any website;

15.3.3 create or operate (whether directly or indirectly) any website which could

confuse, misrepresent NEBOSH Website and the Provider or Agents

website.

15.4 The Provider undertakes (and shall procure its Agents) to ensure that any website

it uses to promote its Course Programmes or other services shall not have a

domain name or sub-domain name which includes the word NEBOSH, for

example www.abc-nebosh.com; or www.nebosh-abc.com unless such words are

used as a folder name, following on from the Course Provider name, for example.

www.abc.com/nebosh would be acceptable since here the word NEBOSH is a

folder name.

15.5 Where NEBOSH believe that the Provider or Agent is in breach of clauses 15.3 or

15.4 without prejudice to any other rights NEBOSH may have NEBOSH may

proceed to terminate this agreement in accordance with17.1.1.For the avoidance

of any doubt such actions in breach of clauses 15.3 or 15.4 on the part of the

Provider or its Agents shall amount to a material breach.

16 Advertising and promot ion

16.1 The Provider may only advertise, promote and/or market any association with

NEBOSH in accordance with the terms of this Agreement (in particular schedule 1)

and any specific terms that NEBOSH may issue to the Provider from time to time.

16.2 The Provider shall ensure that any Agents do not advertise, promote and/or market

any association with NEBOSH unless prior written consent has been obtained from

NEBOSH. In all cases the Provider shall be primarily responsible for any suchadvertising, promotion and/or marketing undertaken by its Agent.

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http://www.abc-nebosh.com/http://www.abc-nebosh.com/http://www.nebosh-abc.com/http://www.nebosh-abc.com/http://www.nebosh-abc.com/http://www.abc.com/neboshhttp://www.abc.com/neboshhttp://www.nebosh-abc.com/http://www.abc-nebosh.com/


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16.3 The Provider undertakes that it will not (and shall procure its Agents will not) issue

any statement which is inaccurate nor do any act or thing which will bring NEBOSH

into disrepute.

16.4 The Provider also warrants that all details contained in its advertisements will be

accurate.

17 Termination

17.1 Either party may terminate this Agreement immediately by notice in writing if the

other party:

17.1.1 commits a material breach of any of the terms of this Agreement and, if

such breach is capable of remedy, fails to remedy the breach within 30

days of receiving notice from the terminating party specifying the breach

and requiring the breach to be remedied;

17.1.2 enters into liquidation whether compulsorily or voluntarily (otherwise than

for the purposes of a solvent amalgamation or reconstruction);

17.1.3 becomes insolvent;

17.1.4 ceases or threatens to cease to carry on business;

17.1.5 compounds or makes any voluntary arrangement with its creditors;

17.1.6 is the subject of a notice of appointment of an administrator, or a notice of

intention to appoint an administrator or liquidator;

17.1.7 is unable to pay its debts as they fall due;

17.1.8 has an encumbrancer take possession of, or a receiver or administrative

receiver appointed over, all or any part of its assets; or

17.1.9 takes or suffers any similar action due to debt,

17.1.10 or if the equivalent of any of the events described at clause17.1.2 to17.1.9

inclusive under the law of any jurisdiction occurs in relation to the other

party.

17.2 NEBOSH may terminate this Agreement if the Provider:

17.2.1 fails to continue to meet the Accreditation Criteria;

17.2.2 fails to make any payment due to NEBOSH on the due date for payment;

17.2.3 its Agents (whether agreed by NEBOSH or otherwise) fails to comply with

the terms of this Agreement;

17.2.4 fails to comply with the policies issued by NEBOSH from time to time

including, the Malpractice Policy.

17.2.5 fails to register Candidates and/or Students to any NEBOSH course in any

twelve month period.

17.2.6 fails to comply with any conditions pursuant of clause of 3.4.

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17.3 NEBOSH may at any time by notice in writing terminate this Agreement as from the

date of service of such notice if there is a change of control, as defined by sections

450 and 451 (or section 1124 (as appropriate)) of the Corporation Tax Act 2010, in

the Provider or any other time where there is at any time a material change in the

management, ownership or control of the Provider.

17.4 The expiry or termination of this Agreement for any reason shall not affect any

rights and/or obligations:

17.4.1 accrued before the date of termination or expiry; or

17.4.2 expressed or intended to continue in force after and despite expiry or

termination.

17.5 Where this agreement has been terminated the Provider may not under any

circumstances (unless agreed otherwise with NEBOSH) use, advertise, publicise or

otherwise market itself as an Accredited Course Provider. The Provider in such

circumstances may reapply for accreditation as an Accredited Course Provider but

will be subject to all fees, charges, procedures, assessment and vetting in respect

of a new application.

18 Liability

18.1 The total liability of NEBOSH or any of its employees to the Provider or its Agents

arising under or in connection with this Agreement, whether arising in contract, tort

(including but not limited to negligence) or otherwise shall not exceed in aggregate

a sum equal to the Fees received by NEBOSH from the Provider at the time such

liability arises, and NEBOSH agrees to indemnify the Provider accordingly.

18.2 Notwithstanding any of the terms and conditions of this Agreement NEBOSH shall

not be liable in contract, tort (including negligence) or otherwise for any:

18.2.1 loss of profit, loss of revenue and/or profits (whether arising directly or

indirectly); or

18.2.2 indirect or consequential losses arising out of or in connection with this

Agreement.

18.3 Nothing in this Agreement shall limit or exclude either partys liability for death or

personal injury caused by negligence, for fraudulent misrepresentation or to the

extent that such limitation or exclusion is not permitted by applicable law.18.4 The rights and remedies of each of the parties under this Agreement shall be

without prejudice to any other rights and remedies at law or in equity.

19 Warranties and Indemnities

19.1 The Provider warrants and represents to NEBOSH that:

19.1.1 it shall carry out the Services with reasonable care and skill in a timely and

professional manner; and

19.1.2 all personnel, Tutors, Teams which the Provider appoints to carry out

obligations under this Agreement, are skilled, experienced and qualifiedindividuals to perform the Services; and

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20 Data Protection

20.1 The terms Personal Data, Data Controller, Data Processor and Process

(and Processing ) shall have the meanings given to them in the Data Protection

Act 1998 (DPA)

20.2 The Provider confirms that it will have the necessary consents to Process Person

Data from all Tutors, Assessors, Candidates and Students and other persons

whose names are set out in the Application Form or received through Course

Provider Integration or which are otherwise submitted to NEBOSH in the

Application Form, Course Provider Integration, or in writing and for the purpose of

NEBOSH protecting its rights and enforcing the terms of this Agreement and its

policies (including but not limited to the Malpractice Policy).

20.3 To the extent the Provider Processes any Personal Data as part of performing its

obligations under this Agreement (Data), the Provider shall:

20.3.1 be a Data Processor in respect of the Data (NEBOSH being the Data

Controller);

20.3.2 Process the Data only in accordance with the instructions of NEBOSH (and

Processing necessary to comply with this Agreement shall be deemed to

be an instruction);

20.3.3 comply with obligations equivalent to those imposed on NEBOSH as Data

Controller under the seventh data protection principle set out in the DPA,

and in particular:

(a) ensure that it has and maintains appropriate safeguards for the

security of the Data including, without limitation, appropriate

technical and organisational security measures to prevent unlawful

Processing of, and accidental loss or destruction of or damage to,

the Data,

(b) having regard to the state of technological development and the

cost of implementing any measures, and the harm that might result

from its unauthorised or unlawful Processing or accidental loss,

destruction or damage;

(c) take reasonable steps to ensure the reliability of its employees and

(without prejudice to sub-clause (d) below) any third parties who

have access to the Data (including Agents), and ensure that those

employees and third parties are aware of the Provider's obligations

under this Agreement;

(d) not disclose the Data to, or allow access to the Data by, any third

party other than as required by law;

(e) maintain in place and operate procedures to enable compliance on

the NEBOSHs behalf with requests for information made under the

DPA by any person in respect of whom the Provider Processes

Data;

(f) provide reasonable assistance to NEBOSH in respect of NEBOSHs

compliance with the DPA;

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(g) provide reasonable access to the Providers offices and systems to

enable NEBOSH to verify the extent to which the Provider is

complying with this clause20;and

(h) not Process any Data in, or export any Data to, any country outside

the European Economic Area unless it is obvious and necessary to

do so in the circumstances and/or unless prior written consent has

been obtained from NEBOSH.

20.4 If the Provider receives any complaint, notice or communication which relates

directly or indirectly to the Processing of Personal Data or to either party's

compliance with the DPA and the data protection principles set out therein, it shall

immediately notify NEBOSH and it shall provide NEBOSH with full co-operation

and assistance in relation to any such complaint, notice or communication.

20.5 The Provider warrants that:

20.5.1 it will process the Personal Data in compliance with all applicable laws,

enactments, regulations, orders, standard and other similar instruments;

and

20.5.2 it will take appropriate technical and organisational measures against the

unlawful Processing of Personal Data and against the accidental loss or

destruction of, or damage to, Personal Data to ensure NEBOSH's

compliance with the seventh data protection principle.

20.6 The Provider shall indemnify and keep indemnified NEBOSH against any and all

losses, claims, costs, demands, expenses and liabilities arising from any

infringement of the DPA and the obligations set out in this clause20.

21 Confidentiality

21.1 The Provider will not disclose or use or cause to be disclosed or used, at any time

during or subsequent to this Agreement, any secret or Confidential Information of

NEBOSH or any other non public information relating to the business, financial or

other affairs of NEBOSH acquired by the Provider except as required by NEBOSH

in connection with the performance of the Agreement or as required by law.

21.2 The Provider shall take all appropriate measures with their Agents and employees

and/or potential Agents, employees to carry out the terms of clauses21.1.

21.3 All notes, computer disks and tapes, memoranda, correspondence, records,

documents and other tangible items made, used or held by the Provider in relation

to the Confidential Information in the course of providing the Services will be and

remain at all times the property of NEBOSH. At any time, whether prior to or upon

the termination or expiration of this Agreement, the Provider shall promptly on

request deliver to NEBOSH all such tangible items which are in the Providers

possession or under the Providers control relating to NEBOSH, its business affairs

and clients and/or the Services and the Provider may not make or retain copies.

21.4 A party may disclose information subject to this clause21 to the extent required by

law, by any governmental or other regulatory authority or by a court or other

authority of competent jurisdiction.

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21.5 This clause21 shall survive termination of this Agreement or any part of it.

22 Audit, Inspection and Rights to Information

22.1 At any time during the Term of this Agreement and thereafter until expiration of

twenty four (24) months after the date of termination of this Agreement, NEBOSH

and its auditors shall have the right to have access to and the right to audit any of

the books, electronic communications, vouchers, receipts, records,

correspondence, memoranda and other similar documents of the Provider, its

Agent and of any sub-contractor of the Provider relating to the computation of

invoices, Examinations, Candidates, Students, Enrolment and any other such

matter which NEBOSH have a reasonable right to access and inspect.

22.2 The Provider shall preserve and shall use all reasonable endeavours to cause its

Agents to preserve all of said books, records and other similar documents during

the period mentioned in clause22.1.

22.3 NEBOSH shall have the right to carry out an inspection and audit of the Providers

health, safety and environmental systems and procedures applicable or relevant to

the Services and Venues and the Provider shall afford all reasonable access to

those books and records, and provide such assistance as NEBOSH or its auditors

may reasonably require for such purpose.

23 General

23.1 The invalidity or unenforceability of any provision of this Agreement shall not affect

the validity of any other provision. Any invalid provision shall be deemed severed

from this Agreement, and the balance of the Agreement shall be construed andenforced as if the Agreement did not contain the particular provision or provisions

held to be invalid or unenforceable.

23.2 Without prejudice to any rights which have already accrued to either of the parties,

this Agreement (which for the avoidance of doubt includes the Application Form,

Course Provider Integration and the Student Terms) contains all the terms which

the parties have agreed in relation to the transactions provided for this Agreement

and unless expressly stated otherwise in this Agreement supersedes all provisions,

contracts, arrangements, representations (other than fraudulent

misrepresentations) or understanding between the parties whether written, arising

from custom or oral.

23.3 The Provider shall not permit or authorise the making of any reference to this

Agreement in any press release, publication or advertisement whatsoever without

prior written agreement from NEBOSH which will not be unreasonably withheld.

23.4 Failure or delay by either party in exercising any rights, power or remedy of that

party under this Agreement shall not in any circumstances impair such rights,

power or remedy nor operate as a waiver of it. The single or partial exercise by

either party of any right, power or remedy under this Agreement shall not in any

circumstances preclude any other or further exercise of it or the exercise of any

other rights, power or remedy.

23.5 All rights granted to either of the parties shall be cumulative and not exhaustive of

any rights and remedies provided by law.

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23.6 All rights not specifically and expressly granted to the Provider by this Agreement

are reserved to NEBOSH.

23.7 Neither party shall without the prior written consent of the other assign, transfer or

otherwise dispose of any part of its rights and obligations under this Agreement

save that the Provider may sub-contract any part of the Services required to be

performed (under this Agreement or under any contract made hereunder) provided

that it has obtained the prior written approval of NEBOSH.

23.8 Unless stated otherwise in this Agreement, the parties do not intend that any of the

terms of this Agreement will be enforceable by virtue of the Contracts (Rights of

Third Parties) Act 1999 by any person not a party to this Agreement.

23.9 Notwithstanding NEBOSH's consent and approval no contract with Agents shall

relieve the Provider from any of its obligations or liabilities under this Agreement

and, in relation to the obligations so subcontracted to an Agent, the Provider shall

be responsible for the acts, defaults and omissions of any such sub-contractedAgent, its agents or servants as fully as if they were the acts, defaults or omissions

of the Provider, its agents or servants. The Provider shall at all times continue to

provide active supervision of any work done by an Agent.

23.10 Nothing is this Agreement shall constitute, or be deemed to constitute, a

partnership, joint venture, commercial agency between the parties save as set out

in this Agreement.

23.11 Each party shall pay its own costs and expenses incurred in connection with the

preparation and execution of this Agreement.

23.12 Each party warrants it has the power and authority to enter into this Agreement andhas obtained all necessary permits and approvals to do so.

23.13 Any communication with NEBOSH by an accredited provider must be undertaken

in English, both written and verbal.

23.14 This Agreement may only be varied, modified or amended by written agreement of

both parties.

24 Governing Law

This Agreement is governed by and shall be constructed in accordance with the laws of England

and Wales. The parties agree to submit to the exclusive jurisdiction of the English Courts

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The parties to this Agreement may sign this Agreement by electronic signature (whatever the form

the electronic signature takes) and agree that such method of signature shall be equally

conclusive of their intention to be bound by the terms and conditions of this Agreement as if signed

with the manuscript signature of both parties.

SIGNED BY: ................................................................

duly authorised for and on behalf of NEBOSH

Name: ................................................................

Job Title: ................................................................

Date: ................................................................

SIGNED BY: ................................................................

duly authorised for and on behalf of theProvider

Name: ...............................................................

Job Title: ...............................................................

Date: ...............................................................

Footnote

The active contract issued to the Provider upon accreditation will incorporate a schedule setting

out those qualifications which the Provider is accredited to offer and any conditions or restrictions

imposed upon the accreditation (Schedule 1). It will also incorporate a list of the fees applicable at

the time of accreditation (Schedule 2) and a copy of the NEBOSH policy Use of the NEBOSHApproved Logo (Schedule 4).

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Schedule 1: Conditions and Restrictions

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Schedule 2: Fees

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Schedule 3: Student Terms

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Schedule 4: Use of the Approved Logo

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Schedule 5: Course Provider Handbook

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Schedule 6: NEBOSH Sanctions

course provider accreditation agreement sept 2013

Documents