Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY. BY BOOKING AN IN PERSON, ONLINE OR PRE-RECORDED RELATIONSHIPS, SEX AND HEALTH EDUCATION SESSION WITH IT HAPPENS EDUCATION LIMITED (A “SESSION”), YOU ARE CONFIRMING YOU HAVE READ AND AGREED TO OUR TERMS & CONDITIONS OF SERVICE.
This document (the “Terms”) sets out the terms and conditions for the supply of Services (as defined below) between:-
It Happens Education Limited (the “Service Provider”), a UK registered company with company number 13536051 and registered address at Unit 6.08 The Shell Store, Canary Drive, Hereford, Herefordshire, HR2 6SR and its customers who are purchasing the Session (the “Client(s)”, “You”, or “Your”).
The services detailed in these Terms are the provision of Relationship Sex and Health Education (“RSHE”) primarily to schools, for students, parents and teachers, or any other product or service that the Service Provider may from time to time provide to its Clients (the “Services”).
1. BOOKING A SESSION
1.1 When a booking is confirmed, you will receive a booking confirmation which will be provided to you by the Service Provider by email (the “Booking Confirmation”).
1.2 You must ensure that you request all information you may need from the Service Provider to enable you to decide on whether to book a Session.
1.3 You must ensure that all information received in the Booking Confirmation is true and accurate.
1.4 Once a Booking Confirmation has been submitted and agreed by the Service Provider, you will be subject to the cancellation policy detailed in these Terms.
2. SUPPLY OF SERVICES
2.1 In supplying the Services, the Service Provider shall:
a) perform the Services with reasonable care and skill;
b) observe all reasonable safeguarding, health and safety rules and regulations and security requirements that apply to the Client and have been communicated to the Service Provider;
c) maintain up to date safeguarding training, including valid DBS certification; and
d) use its best endeavour to do all reasonable planning and preparation to ensure the Session meets the Client’s specific needs (that are communicated in writing to the Service Provider).
2.2 The Service Provider cannot guarantee specific speakers or trainers at a Session and hereby reserves the right to change the speaker and trainers as and when required.
2.3 The Service Provider, its contributors, speakers, trainers or anyone else connected with the Service Provider, shall not be responsible for how you use the information shared in a Session once the Session has taken place.
3. CLIENT OBLIGATIONS
3.1 The Client will ensure that the Booking Confirmation is accurate and correct.
3.2 The Client will provide suitable safe premises and to provide all equipment requested by the Service Provider to facilitate the delivery of the Services. Equipment will be requested via email prior to the event.
3.3 The Client will ensure the Service Provider’s speakers and trainers will always be accompanied by a member of the Client’s staff when on site and that at least two suitably qualified members of staff (e.g. from the pastoral, wellbeing or PSHE team) are present throughout each Session.
3.4 The Client will maintain its own public liability insurances.
3.5 The Client shall pay the fees agreed with the Service Provider in a timely manner in accordance with the payment terms notified in the Booking Confirmation by the Service Provider.
3.6 The Client shall not and shall procure that all students, teachers, parents and any other individuals attending a Session (other than the Service Provider’s personnel) (the “Participants’) shall not copy, reference, picture, screenshot, record, replicate, print, share or distribute any of the materials, content or information shared in a Session by the Service Provider, with anyone or on any platform without the written permission of the Service Provider. This obligation shall continue to be in effect after the end of a Session and will survive the cessation of the engagement between the Client and the Service Provider.
3.7 The Client will cooperate with the Service Provider to provide all assistance and information required in a timely manner to enable the Service Provider to perform the Services efficiently and to the best of their ability. In particular, the Client will inform the Service Provider of any safeguarding or pastoral concerns that they are aware of within the school community.
3.8 The Client will ensure that their parent-school contract provides for the consent of the parents/guardians of the children to participate in the Session, or to ensure that they have the required consent in place before each Session. For the avoidance of any doubt, it is the responsibility of the Client to ensure all legal consents from parents\guardians are in place.
3.9 The Client will abide by all guidelines and rules notified at the beginning of each Session by the Service Provider in addition to the terms and conditions detailed in these Terms.
3.10 The Client agrees not to seek to employ or engage any of the Service Provider’s speakers or trainers to provide additional or further services related to RSHE without obtaining the written consent of the Service Provider. Any additional or further services required by the Client will be booked through the Service Provider directly and shall not be done through a speaker or trainer of the Service Provider. This restriction shall continue to be in effect for a period of one (1) year after the date of the Clients last booking with the Service Provider.
4. PARENTAL RIGHT TO WITHDRAW CHILDREN FROM SESSIONS
4.1 According to the guidance in your country/the Client’s RSHE policy, there may be the option for parents to withdraw their child from a Session. Should a parent wish to withdraw their child from participating in a Session, the Client must ensure that the child is not present at the Session.
4.2 A Session may incorporate elements of Relationships, Sex or Health Education topics. The Service Provider will select, discuss and agree all content for each Session with the Client before the delivery of a Session.
4.3 It is the responsibility of the Client to approve all the content of each Session before the delivery of a Session.
4.4 It is the Client’s responsibility to inform parents which Sessions have been booked and to inform the parents about the content of each Session.
5. FEES AND PAYMENT
5.1 In consideration for the provision of the Services, the Client shall pay the Service Provider the agreed Fee as detailed in the Booking Confirmation in accordance with this clause 5.
5.2 The Service Provider shall submit invoices for the Fees.
5.3 The Client shall pay each invoice submitted to it by the Service Provider, within 14 days of receipt, to the bank account indicated on the invoice.
5.4 If the Client fails to make any payment due to the Service Provider under the Booking Confirmation by the due date for payment, then:
a) the Client shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue at the rate of 4% a year above the Bank of England’s base rate from time to time, but at a rate of 4% a year for any period when that base rate is below 0%; and
b) the Service Provider may suspend all Services until payment has been made in full and will not be obligated to provide any Services to the Client until such time as payment is received.
5.5 All amounts due under the Booking Confirmation from the Client to the Service Provider shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5.6 Any expenses, such as travel and accommodation costs, incurred by the Service Provider will be charged to the Client and the Client will reimburse the Service Provider for all such expenses.
5.7 All payments made by the Client to the Service Provider are non-refundable unless detailed otherwise in these Terms.
6. CANCELLATION POLICY
6.1 If the Client cancels the confirmed booking detailed in the Booking Confirmation less than 4 weeks prior to the start date of a Session, the Client will be charged 50% of the Fee.
6.2 If the Client cancels the booking less than 2 weeks prior to the start date of a Session, the Client will be charged 100% of the Fee.
6.3 If there are extenuating circumstances, then the Client must contact the Service Provider at the earliest opportunity and discuss options. It will be at the Service Providers discretion as to whether the Fee or part of the Fee should still be charged. The Client hereby acknowledges that any expenses already incurred by the Service Provider will be payable. The Client hereby agrees to pay any outstanding or additional amount due to the Service Provider in full.
7. LIMITATION OF LIABILITY
7.1 The Service Provider has insurance cover in respect of its own public liability and the Service Provider’s total liability to the Client in respect of any claim arising from the Service or breach of these Terms (whether in contract, negligence or otherwise) shall not exceed the Fee detailed in the most recent Booking Confirmation.
7.2 In no event will the Service Provider be liable to the Client for any damages resulting from loss of goodwill, loss of revenues, loss of business, loss of profits or any incidental, indirect, special, exemplary, or consequential damages. This Clause 7 shall continue to be in effect after the end of a Session and will survive the cessation of the engagement between the Client and the Service Provider.
7.3 Nothing in this clause limits any liability which cannot legally be limited.
8. INTELLECTUAL PROPERTY
8.1 The Service Provider is the exclusive owner or licensee of material utilised in a Session (unless expressed otherwise) including without limitation any intellectual property rights in the printed, video, audio, digital and online material (“Intellectual Property”).
8.2 Nothing contained in these Terms or any other document shall be construed as granting to or conferring on you (or any connected companies, persons or entities) any rights of ownership or by license or otherwise, expressly or impliedly to any Intellectual Property. For the avoidance of doubt, you (and any connected companies, persons or entities) shall not have any rights or license to use or copy any Intellectual property unless expressly agreed otherwise in writing. This Clause 8 shall continue to be in effect even after the end of a Session and will survive the cessation of the engagement between the Client and the Service Provider.
8. INTELLECTUAL PROPERTY
9.1 Force majeure
Neither party shall be in breach of these Terms nor liable for a delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure results from events, circumstances or causes beyond its reasonable control.
9.2 Confidentiality
9.2.1 The Service Provider and the Client agree that the recipient party shall at all times keep confidential, and shall not use (other than strictly for the purposes of these Terms) and shall not, without the prior written consent of the disclosing party disclose to any third party any information, materials pricing, Intellectual Property, documentation or data of the disclosing Party (the “Confidential Information”).
9.2.2 All documents and other records (in whatever form) containing Confidential Information supplied to or acquired by a party from the disclosing party shall be returned promptly to the disclosing party on request. This Clause 9.2 shall continue to be in effect after the end of a Session and will survive the cessation of the engagement between the Client and the Service Provider.
9.3 Collection of Data and Data Protection
9.3.1 The Service Provider uses a number of different data collection tools including Survey Monkey and Mentimeter to gather anonymous data. This is entirely optional. Clients and Participants of a Session can opt out of the process at any point. When collecting anonymous data in this manner, the Service Provider does not process or collect personal data.
9.3.2 The Service Provider shall retain ownership of all data submitted via a questionnaire or survey or Menti. You agree that this data submitted may be analysed and utilised by the Service Provider in future published work and shared on social media. Individuals will never be identifiable, and schools will always be anonymized when such data is shared, unless we have obtained your written consent to publish your name.
9.3.3 The Client hereby acknowledges and agrees that the Service Provider shall have a right to record, use and maintain an audio recording of each Session primarily for internal training purposes.
9.3.4 When booking a Session, the Client may be required to provide personal data to the Service Provider. In the event the Client shares any personal data with the Service Provider, the Client must ensure that they are sharing the personal data with the knowledge and express consent of the data subject or their parent\guardian and that the data subject and/or their parent/guardian are aware of the nature of the use of their personal data provided to the Service Provider.
9.3.5 The Client shall inform the Service Provider if it becomes aware of any change in the personal data shared with the Service Provider (if any).
9.3.6 The Service Provider shall not be liable for claims resulting from any personal data shared by the Client with the Service Provider.
9.3.7 The Client is required to refer to the Service Provider’s Privacy Policy found on their website for further information on data collection and data protection.
9.4 Severance
Notwithstanding that the whole or any part of any provision of the Terms may prove to be illegal or unenforceable, the other provisions of the Terms and the remainder of the provision in question shall remain in full force and effect.
9.5 Governing Law and Jurisdiction
9.5.1 These Terms will be governed and construed in accordance with the laws of England and Wales.
9.5.2 Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be subject to the exclusive jurisdiction of the English Courts.
