Working Agreement
1. About
1.1 As a part of Our commitment to transparency, trust and the utmost professionalism, We prioritise a structured legal working agreement for all Our engagements. We believe that with these measures in place, We are setting the stage for a productive and successful collaboration. This Working Agreement provides:
Clarity: clearly outlining the expectations, responsibilities and deliverables for both parties, ensuring that there are no ambiguities or misunderstandings.
Protection: safeguards the interests of both You and Our team, offering legal remedies in the unlikely event of disputes or disagreements.
Transparency: assurance that both parties are fully aware of the terms of Our Service, fostering an environment of open communication and mutual respect.
Commitment: By agreeing to Working Agreement, both parties demonstrate their commitment to the project and its successful completion.
1.2 To further enhance Our commitment to clarity and transparency, every Client will receive a detailed written communication outlining the specific scope of work before work commences. This communication will provide a comprehensive overview of the project, including deliverables, timelines and any other pertinent details. It serves as a testament to Our dedication to keeping you informed every step of the way and ensuring that Our collaboration is always aligned with your expectations.
1.3 This Working Agreement is subject to change at any time, without prior written notice. Therefore, please check this Working Agreement carefully each time You place an order with or engage with Building Pathways CIC. If You do not agree to abide by this Working Agreement, please do not engage Our Services.
1.4 This Working Agreement, along with Our other legal terms, are always clearly displayed at: https://buildingpathways.org.uk/legal. If You do not understand any part of this Working Agreement or You need further clarification on any of the points within this document, please contact Building Pathways CIC at: info@buildingpathways.org.uk
1.4 By using any Service of Building Pathways CIC, You agree to be bound by the Working Agreement listed below. Any participation in any of Our Service/s will constitute acceptance of this agreement.
2. Definitions and Interpretations
The definitions and rules of interpretation in this clause apply within this Working Agreement
“Us”, “We”, “Our”: trading as Building Pathways CIC.
“You”: partner, client, sponsor/donor, trust, employer, Pathfinder, user, person, group, company—any person or organisation commissioning, collaborating with or engaging the services of Building Pathways CIC.
“Third-Party Provider/s”: any independent service providers, individual, company, or entity that offers services or products, contractual agreements or partnerships but is not directly affiliated with, owned by or controlled by Building Pathways CIC.
Consultancy: Advice given within our field of expertise.
Services: the service provided by Building Pathways CIC
E-learning course/s: refers to a structured educational experience delivered electronically
Pathfinder Programme: typically encompasses specific learning objectives, assessment methods, and a set curriculum.
Funding Partner: an organisation or individual that collaborates with Us to fund a specific project or initiative.
Sponsor: a business or individual providing financial support in exchange for some form of advertisement or recognition.
Donor: an individual or organisation that gives money to Building Pathways CIC without expecting a direct return.
Employers: an individual or organisation within the private, public and not-for-profit sectors that hires and pays people to perform work or services and aims to include socioeconomic disadvantaged young people in their strategic plans.
Partners: an individual or organisation within the private, public and not-for-profit sectors that share Our commitment to make a positive difference.
Pathfinders: an individual aged 16-30 years who may face social and economic conditions, hindering them from accessing resources, opportunities and privileges available to the broader population.
3. Commencement of Work
3.1 You acknowledge that You have had the opportunity to carefully read through this Working Agreement before any service commences.
3.2 You accept that this Working Agreement supersedes that of your own or of any other.
3.3 You have authority and permission to commission the services of Building Pathways CIC for and on behalf of yourself, your organisation, business, group or associates, as appropriate.
3.4 Unless otherwise agreed in writing and prior to commencement of engaging our services, Building Pathways CIC do not provide or cover any materials or associated costs. This includes, but is not limited to, travel expenses, stationary, equipment, or any third-party expenses. You are responsible for managing and bearing these costs independently.
3.5 Building Pathways CIC reserves the right to refuse to undertake any project that We may deem illegal or immoral.
4. E-Learning Courses
4.1 The E-Learning Courses available on Our platform are provided by Third-Party Providers. By accessing or enrolling in these courses, You acknowledge and accept that the content, administration and delivery of such courses are the responsibility of these Third-Party Providers.
4.2 The use, access and completion of these E-Learning Courses are subject to the terms, conditions and policies of the respective Third-Party Providers. Before enrolling in any course, You are advised to review and familiarise yourself with the terms provided by the Third-Party Providers: https://www.thedigitalcollege.co.uk/cms/general-terms
4.3 We do not accept responsibility or liability for the content, accuracy, quality, or any other aspect of the courses provided by Third-Party Providers. Any queries, complaints, or issues related to the courses should be directed to the respective Third-Party Provider.
4.4 The availability of E-Learning Courses may vary and courses may be added, removed, or modified by the Third-Party Providers at any time. We do not guarantee the continued availability of any specific course.
4.5 By enrolling in a Third-Party, E-Learning Course through Our platform, You consent to the sharing of necessary personal data with the Third-Party Provider for the purpose of course registration and administration. Ensure You review the privacy policies of these providers to understand how your data will be used.
4.6 To enter into a contract for the supply of an E-Learning Course, the following steps must be taken:
a. You must place an order through Our online shop by filling in a virtual shopping basket and following the instructions for placing an order;
b. An order is placed when You press the Buy Now button and We receive confirmation from Our payment provider that your payment request has been accepted (or if You cannot or prefer not to transact with a card, when We have received your payment by BACS or cheque or through PayPal);
c. We may reject an order for any lawful reason.
d. Unless We agree otherwise in writing, each accepted order for an E-Learning Course will create a distinct contract under this Working Agreement.
e. From the effective date and subject to the other provisions of this Working Agreement, We will provide You with access to the E-Learning Course You have signed up for six consecutive months.
f. Please note that whilst for E-Learning Courses which contain vocational end-of-course exams You may re-sit the exam as many times as You like during the term without incurring further fees, for E-Learning Courses which include official examinations, You must pay for a re-sit if You do not pass such an E-Learning Course at the first attempt.
4.7 Building Pathways CIC does not guarantee any specific outcomes or benefits from completing the E-Learning Course/s.
5. E-Learning Courses: Cancellation, Rescheduling And Refunds
5.1 At any time in Our sole discretion, providing that if We cancel any services You have paid for and You have not breached this Working Agreement, You will be entitled to a refund of any amounts paid to Us in respect of those Services that were to be provided by Us to You after the date of such cancellation; We will give you reasonable written notice of any cancellation.
5.2 We may, at Our discretion disable access to some or all of the E-Learning Courses for short periods of time, for example in order to allow Us to carry out website maintenance or to update E-Learning Course content. In such cases, We will try to ensure that the period of time for Which E-Learning Courses are not available is not so substantial as to materially affect your use of the E-Learning Course.
5.3 We, and Our Third-Party Providers, reserve the right to cancel delivery of E-Learning Courses and assessments at any time up to and including the day of delivery for matters beyond Our control, such as technical issues. If You are affected by this, We will offer You rescheduled E-Learning Courses or assessments (as applicable) at no additional cost. We do not accept any liability for any costs incurred in relation to such cancelled E-Learning Courses or assessments.
5.4 If You contract with Us, You hereby acknowledge that We may begin the provision of Services within 14 days after the day on which Our contract with You is entered into and You also acknowledge that You will lose your right to withdraw from such contract once You have started to download or stream digital content.
5.5 You may cancel your order for an E-Learning Course within 14 days of placing such an order by emailing Us at info@buildingpathways.org.uk and We will refund the fees already paid for such an E-Learning Course.
5.6 Some of the assessments, tests, certifications and qualifications are operated by a Third-Party Provider, such as an awarding body or trade body. Please see the Cancellation Terms here: https://thedigitalcollege.co.uk/cms/cancellation-terms which set out further terms in relation to such assessments including how they may be cancelled or rescheduled.
6. E-Learning Courses: Fees
6.1 The fees in respect of Our E-Learning Courses will be as set out on the website from time to time.
6.2 You must pay Us the fees in respect of E-Learning Courses in advance, in cleared funds, in accordance with any instructions on our website.
6.3 We may vary fees from time to time by posting new fees on Our website, but this will not affect fees for E-Learning Courses that have been previously paid.
6.4 If You dispute any payment made to Us, you must contact Us immediately and provide full details of your claim.
6.5 If You owe Us any amount under or relating to this Working Agreement, We may suspend or withdraw the provision of E-Learning Courses to you.
6.6 We may at any time set off any amount that You owe to Us against any amount that We owe to You, by sending You written notice of the set-off.
7. E-Learning Courses: Limited Warranties
7.1 We shall provide the E-Learning Courses to You in accordance with these terms and conditions: https://www.thedigitalcollege.co.uk/cms/terms-and-conditions
7.2 We do not warrant or represent:
(a) the completeness or accuracy of the information published on the website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
7.3 We reserve the right to discontinue or alter any or all of Our services, and to stop publishing Our website, at any time in Our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this Working Agreement, You will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if We stop publishing the website.
7.4 To the maximum extent permitted by applicable law, We exclude all representations and warranties relating to the subject matter of this Working Agreement, Our website and the use of Our website.
8. Funding Partner/s, Donor/s and Sponsor/s
8.1 The Donor, Funding Partner or Sponsor agrees to provide a monetary donation to Building Pathways CIC for general use.
8.2 All donations are final and non-refundable.
8.3 Building Pathways CIC commits to using the donation for the purpose specified unless the donation is given for general use, in which case Building Pathways CIC will use the donation at Our discretion to further Our mission.
8.4 Building Pathways CIC will acknowledge all received donations.
8.5 If the Donor, Funding Partner/s or Sponsor/s wish to remain anonymous, they must notify Building Pathways CIC in writing.
8.6 The Donor, Funding Partner/s or Sponsor/s understands that their donation is made as a gift and in return, no goods or services will be provided unless explicitly stated.
8.7 The Donor, Funding Partner/s or Sponsor/s understands that the donation may be tax-deductible and the Donor, Funding Partner/s or Sponsor/s is responsible for seeking advice from a tax professional regarding the tax implications of their donation.
8.8 Any changes to the donation amount, frequency, or method must be communicated in writing to Building Pathways CIC.
8.9 Building Pathways CIC will respect the privacy of its Donor/s, Funding Partner/s or Sponsor/s and will not sell, trade, or share personal information with anyone else, nor send mailings on behalf of other organisations.
9. Pathfinder Programme/s
9.1 Building Pathways CIC offers Pathfinder Programme/s to eligible participants (Pathfinders), encompassing various different modules according to each Pathfinder’s needs.
9.2 The Pathfinder Programme is provided free of charge. No monetary exchange will occur between Building Pathways CIC and the Pathfinder for access to or completion of the training.
9.3 Building Pathways CIC grants the Pathfinder a non-exclusive, non-transferable right to use the training materials for personal and non-commercial purposes.
9.4 All content, materials and resources provided during the Pathfinder Programme remain the intellectual property of Building Pathways CIC. The Pathfinder may not reproduce, distribute, or use the material in any manner not expressly permitted by this Working Agreement.
9.5 The Pathfinder agrees to engage in the Pathfinder Programme with professionalism and respect, adhering to any codes of conduct or guidelines set forth by Building Pathways CIC.
9.6 Building Pathways CIC reserves the right to terminate the Pathfinder’s access to the Programme if they breach any terms of this Working Agreement or terms previously communicated in writing.
9.7 Pathfinder Programmes are provided “as is” without any guarantees or warranties, either express or implied.
9.8 Building Pathways CIC does not guarantee any specific outcomes or benefits from completing Pathfinder Programme.
10. CONSULTANCY SERVICE
10.1 Building Pathways CIC agrees to provide tailored Consultancy Service/s encompassing specific details, duration and scope of work as outlined in writing and agreed upon before Services commence.
10.2 The Client agrees to pay Building Pathways CIC an agreed fee for the provision of the Consultancy Services. Payment terms will be outlined in writing and agreed upon before Services commence.
10.3 Building Pathways CIC agrees to perform the Services with professionalism, care and diligence.
10.4 The Client agrees to provide Building Pathways CIC with the necessary information, resources and cooperation to facilitate the delivery of the Consultancy Service/s.
10.5 Both parties agree to treat all information exchanged in the course of the Consultancy Services as confidential. Neither party will disclose such information without the prior written consent of the other party unless required by law.
10.6 All materials, reports, and documentation produced by Building Pathways CIC/the consultant as part of the Consultancy Service/s will remain the property of Building Pathways CIC/the consultant unless otherwise agreed upon in writing.
10.7 Depending upon the meeting location and travel logistics, Building Pathways CIC may also levy a charge to the Client for reasonable travel/accommodation expenses.
10.8 Either party may terminate this Working Agreement with 30 days written notice.
10.9 In the event of termination, the Client agrees to pay for all Services rendered up to the date of termination.
10.9.1 Our Consultancy Service liability for any claims relating to the Services provided under this Working Agreement will be limited to the amount of fees paid by the Client.
10.9.2 Any disputes arising from this Working Agreement will be resolved through mediation. If mediation is unsuccessful, both parties agree to seek resolution through arbitration in the United Kingdom.
10.9.3 Building Pathways CIC does not guarantee any specific outcomes or benefits from engaging and using Our Consultancy Services.
11. Governing Law
11.1 This Working Agreement will be governed by and construed in accordance with the laws of the United Kingdom.
12. Entire Agreement
12.1 This Working Agreement contains the entire agreement between the parties and supersedes all prior negotiations, understandings and agreements between the parties.
13. Limitations and Exclusions of Liability
13.1 Nothing in this Working Agreement will:
a. limit or exclude any liability for death or personal injury resulting from negligence;
b. limit or exclude any liability for fraud or fraudulent misrepresentation;
c. limit any liabilities in any way that is not permitted under applicable law; or
d. exclude any liabilities that may not be excluded under applicable law;
e. and, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
13.2 The limitations and exclusions of liability set out in this Clause 14 and elsewhere in this Working Agreement:
a. govern all liabilities arising under this Working Agreement or relating to the subject matter of this Working Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Working Agreement.
b. To the extent that Our website and the information on Our website is provided free of charge, We will not be liable for any loss or damage of any nature.
c. We will not be liable to You in respect of any losses arising out of any event or events beyond Our reasonable control.
d. We will not be liable to You in respect of any losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
e. We will not be liable to You in respect of any loss or corruption of any data, database or software.
f. We will not be liable to You in respect of any special, indirect or consequential loss or damage.
g. You accept that We have an interest in limiting the personal liability of Our volunteers and employees and, having regard to that interest, You acknowledge that We are a Community Interest Company; You agree that You will not bring any claim personally against our volunteers or employees in respect of any losses you suffer in connection with the website or this Working Agreement (this will not, of course, limit or exclude the liability of the Community Interest Company entity itself for the acts and omissions of Our volunteers and employees).
h. Our aggregate liability to You in respect of any contract to provide Services to You under this Working Agreement shall not exceed the total amount paid and payable to Us under the contract.
14. Breaches Of This Working Agreement
14.1 Without prejudice to Our other rights under this Working Agreement, if You breach this Working Agreement in any way, or if We reasonably suspect that You have breached this Working Agreement in any way, We may:
a. send You one or more formal warnings;
b. temporarily suspend your access to Our website and Our Services;
c. permanently prohibit You from accessing Our website and Our Services;
d. block computers using your IP address from accessing Our website and Our Services;
e. contact any or all of your internet service providers and request that they block your access to Our website;
f. commence legal action against You, whether for breach of contract or otherwise; and/or
g. suspend or delete your account on Our website.
14.2 Where We suspend or prohibit or block your access to Our website or Services or a part of Our website, You must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
15. Force Majeure
15.1 If Services that You have paid to access are unavailable due to circumstances outside Our reasonable 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 unavailability.
16. Variation
16.1 We may revise this Working Agreement from time to time.
16.2 We will give You written notice of any revision of this Working Agreement in relation to material changes affecting your access to Our Services, and the revised Working Agreement will apply to the use of Our Services from the date that We give You such notice.
16.3 All other revisions to this Working Agreement shall apply to the use of Our Services from the date of publication of the revised Working Agreement on the website, and You hereby waive any right You may otherwise have to be notified of, or to consent to, revisions of this Working Agreement. If You do not agree to the revised Working Agreement you must stop using Our Services.
17. Assignment
17.1 You hereby agree that We may assign, transfer, sub-contract or otherwise deal with Our rights and/or obligations under this Working Agreement—providing, that such action does not serve to reduce the guarantees benefiting You under this Working Agreement.
18. Severability
18.1 If a provision of this Working Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of this Working Agreement would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted and the rest of the provision will continue in effect.
19. Entire Agreement
19.1 This Working Agreement, together with Our Privacy Policy, Website Terms Of Use and Cookie Policy, shall constitute the entire agreement between You and Us in relation to your use of Our website and Our Services.
20. Law and Jurisdiction
20.1 This Working Agreement shall be governed by and construed in accordance with English law.
20.2 Any disputes relating to this Working Agreement shall be subject to the exclusive jurisdiction of the courts of England.