Terms & Conditions of Service
This document sets out the terms and conditions for the supply of Services between:-
It Happens Education Ltd (“the Supplier”), 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 (the “Client” or “Clients”) who are purchasing the Services.
Whereas the Services are the provision of Relationship Sex and Health Education (primarily to schools) for students, parents and teachers, or any other product or service that the Supplier may from time to time provide to its Clients.
Agreed terms
1. Supply of services
1.1 In supplying the Services, the Supplier shall:
1.1.1 Perform the Services with reasonable care and skill;
1.1.2 Observe all reasonable safeguarding, health and safety rules and regulations and security requirements that apply to the Client and have been communicated to the Supplier; and
1.1.3 Maintain up to date training and DBS certification.
1.2 Associates – If the Services are provided by one of our Associates the Client agrees that it will not seek to engage the Associate to provide additional or further services without booking through the Supplier.
1.3 It Happens Education cannot guarantee specific speakers and reserves the right to change the speaker as and when required.
2. Client’s obligations
2.1 To provide suitable safe premises and to provide all equipment requested by the Supplier to facilitate the delivery of the Services. Equipment will be requested via email prior to the event.
2.2 To maintain its own public liability insurances.
2.3 Adhere to the agreement in your booking confirmation regarding the Suppliers requests (i.e. not recording sessions, not streaming content, not sharing slides etc).
3. Withdrawal from Sex Education
3. 1 Parents have the right to withdraw their students from the ‘Sex Education’ element of RSHE.
3.2 Each Client will have a policy regarding their own definitions of topics (for further advice see Sex Ed Forum definitions here.) It is the Client’s responsibility to alert parents what lessons are planned.
3.3 The Supplier’s sessions typically incorporate a mixture of elements of the Sex, Relationships and Health Education topics. We share the survey data and insist that the Client reviews slides/clips beforehand. Clients are then able to make an informed decision about whether the work falls under a R or S or H lesson and can communicate with parents accordingly.
4. Fees and payment
4.1 In consideration for the provision of the Services, the Client shall pay the Supplier the agreed Fee as per the Supplier’s latest price list in accordance with this clause 4.
4.2 The Supplier shall submit invoices for the Fees.
4.3 The Client shall pay each invoice due and submitted to it by the Supplier, within 14 days of receipt, to our bank account as indicated on the invoice.
4.4 If the Client fails to make any payment due to the Supplier under the Contract by the due date for payment, then:
4.4.1 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 each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
4.4.2 The Supplier may suspend all Services until payment has been made in full.
4.5 All amounts due under the Contract from the Client to the Supplier shall be paid by in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5. Cancellation policy
5.1 If the Client cancels the booking less than 4 weeks prior to the date that sessions are due to take place, the Client will be charged 50% of the Fee.
5.2 If the Client cancels the booking less than 2 weeks prior to the date that sessions are due to take place, the Client will be charged 100% of the Fee.
5.3 Any expenses incurred by the Supplier will be charged to the Client.
5.4 If there are extenuating circumstances, then please contact It Happens Education Ltd at the earliest opportunity and discuss postponing the booking and finding an alternative date.
6. Limitation of liability
6.1 The Supplier has insurance cover in respect of its own public liability and the Supplier’s total liability to the Client in respect of all breaches of duty shall not exceed the Fee.
6.2 Nothing in this clause limits any liability which cannot legally be limited.
7. Intellectual property
7.1 The Supplier shall retain ownership of intellectual property rights in the content of the Services.
7.2 It would be considered an infringement of our copywrite for any of the Suppliers content to be recorded, captured or shared, illicitly or otherwise, without written permission.
8. General
8.1 Force majeure
Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
8.2 Confidentiality
8.2.1 Each party undertakes that it shall not disclose to any person any confidential information concerning the business, the Fee, affairs, students, clients of the other party, except as may be required by law.
8.2.2 Neither party shall use any other party’s confidential information for any purpose other than to perform its obligations under the Contract.
8.3 Gathering anonymous data
8.3.1 We use Survey Monkey and Mentimeter to gather anonymous data. This is entirely optional. Students and schools can opt out of the process at any point.
8.3.2 The Supplier does not process personal data so no individuals are identifiable.
8.3.3 The Supplier shall retain ownership of questionnaire/survey/Menti data. This data may be analysed and utilised by the Supplier in future published work and shared on social media. Individuals will never be identifiable, and schools will always be anonymised.
8.3.4 See our Privacy Policy on our website for further information.
8.4 Governing law
The Contract, and 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 governed by, and construed in accordance with the law of England and Wales.
