The CPD Group Ltd
Terms and Conditions of Business

The CPD Group Ltd – Terms and Conditions of Business

These are our Terms and Conditions of business and we ask you to take the time to read them. These Terms and Conditions constitute a contract between your organisation and The CPD Group Ltd. Any reference to ‘we’, ‘us’, ‘our’ or ‘Company’ means The CPD Group Ltd and The CPD Accreditation Group. Any reference to ‘you’ or ‘your, or any similar expression means the individual, company or organisation with whom we will be working with. Any reference to ‘ Accredited Providers’ means your named status once you have entered into this contractual agreement.

1. Your Accreditation

You will be required to complete a registration form which is the offer to join The CPD Accreditation Group. If your application is successful, then you will receive an email confirmation and documents that you or your organisation have become an Accredited Provider with The CPD Accreditation Group. Your CPD Provider logo and CPD Provider Certificate must not be used to portray or mislead anyone that your activities have been CPD accredited.

Please note that registration is open to businesses, online, mobile learning providers, classroom, conference providers and coaches. Registration is assigned to the applicant and you are not allowed to re-assign the rights and obligations elsewhere without prior written consent.

Your subscription / Accrediting CPD Activities:

If you decided to have your CPD Activities Accredited, we will collect the payment by Direct Debit each month** from your chosen account (UK banks only). For international customers, we will set-up a reoccurring monthly** Credit Card payment. Customers can opt for quarterly**, or annual billing (both in advance) if they prefer. (**subject to a simple credit check)

Full details of your fee will be provided to you during the registration process. The CPD Accreditation Group will accredit CPD Activities individually for a period of either 1 Year or 2 years from the date of your first Accreditation and the Monthly Fee** agreed will be fixed for that term. Activities can be added at any time. If the additional activities take the account to the next pricing bracket, the next monthly invoice will be updated to reflect the number of submitted activities. When adding courses this will update the commitment on number of courses for the remaining length of your agreement.

After the 1-year or 2-year period, the CPD Activity will need to complete the full Accreditation process at which point a new Accreditation agreement will be created between your organization and The CPD Accreditation Group and a new listing for your CPD Activity generated on the CPD Register.

If you fail to pay any monthly subscription fee on the due date we will, without prejudice, suspend your registration until payment has been made in full for the remaining Accreditation Period. (An invoice for the remainder of your chosen contract length and full payment must be made within 14 days.)

2. Cancellation/Termination

Should you cancel or terminate your agreement the remainder of your chosen contract length will be invoiced, and full payment must be made within 14 days. Please be aware that because your subscription can be used immediately, you do not have the statutory cooling off period.

We may terminate your subscription to The CPD Accreditation Group immediately by giving you written notice if:

• You breach any of the conditions of these Terms and Conditions
• Your company partake in unsatisfactory or unsafe training procedures
• You commit an offence which results in legal procedures relating to your training business or training students
• You are unable to pay the subscription fees
• There is evidence of falsifying training records or certificates
• You use the CPD Accreditation for anything other than the Accredited CPD Activity

Upon termination of your Accredited Provider status all rights and licences granted to you under these Terms and Conditions automatically cease and you may not use any of The CPD Group Ltd’s trademarks and other intellectual property. The remainder of your chosen contract length and full payment must be made within 14 days.

3. Copyright & Trade Marks:

You acknowledge that all intellectual property rights and any trademarks pertaining to The CPD Group that are utilised by your organisation, as an Accredited Provider, are owned by or licensed by The CPD Group Ltd, including but not limited to:

• We hereby grant you a non-exclusive and non-transferrable licence to use such Company Trade Marks and Copyrighted material solely for the purposes of your Accredited Provider status with The CPD Accreditation Group in accordance with these conditions
• You undertake to follow the instructions given in the permitted use of the Company Trade Marks and Copyrighted material and any of our other intellectual property rights.
• If requested, you will be provided with a copy of our current guidelines for use of the Company Trademarks and Copyrighted materials with your Accredited Provider welcome documents. We reserve the right to update such guidelines.
• We reserve the right to terminate immediately your right to use any of Company Trade Marks by giving you written notice if, in our opinion, your continued use could be prejudicial to the reputation of the Company and/or its other Accredited Providers.
• We accept no responsibility of checking for copywrite, trademarks or plagiarism. This is the sole responsibility of the submitter.

4. Updating courses:

We encourage customers to update courses in line with new techniques, research, technology etc. Updated courses should be re-submitted and re-accredited (please contact us to discuss if only minor changes). There are no additional charges for re-accreditation. If courses are not updated, the CPD accreditation can only be valid for up to three years maximum.

5. The CPD Accreditation Group – Facility and Services:

Where we are asked to review any CPD materials submitted by you: These materials being suitable for our Accreditation facility, you acknowledge and accept that we are not reviewing technical content accuracy or completeness of such CPD materials themselves. Our review is limited to assessing whether these materials are suitable and comply with your industries guidelines on the use of training materials for CPD and further learning purposes.

We disclaim all liability for the content and use of any CPD materials by you or by any third party whether or not they bear any Company Trade Marks.

You are not permitted to use The CPD Group Ltd logos or documentation in relation to any CPD Materials, outside the remit/other than for its intended use without our prior written agreement and such acceptance shall be in our sole discretion and subject to review at any time by us.

You retain all intellectual property rights in your CPD materials, and you grant us a licence to use such CPD materials to the extent required to allow us to perform our obligations under these conditions. Please see separate NDA.

You shall indemnify us against all costs, claims, damages, losses and expenses arising as a result of any claim or action that the CPD materials infringe any third party’s intellectual property rights, infringe any other rights or if they are in any way unlawful.

6. Our Liability:

To the fullest extent permitted by law, we the Company and any third parties connected to us:

1. Shall not be liable to you, the Accredited Provider for any costs, expenses, loss or damage (whether direct, indirect or consequential, and whether economic or other) arising from your exercise of any Accredited Provider or other rights granted to you under these Conditions
2. Hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity
3. Nothing in these conditions shall have the effect of excluding or limiting any liability for death or personal injury caused by negligence or for fraud
4. Our aggregate liability to you in respect of claims arising out of or in connection with these
   Conditions or any collateral contract, whether in contract or tort (including negligence) or otherwise shall in no circumstances exceed 200% of the total Accredited Provider fee payable by you in the year in which the claim arises

7. Indemnity:

As an Accredited Provider you will indemnify The CPD Accreditation Group against all liabilities, costs, expenses, damages and losses (including any direct indirect or consequential losses, loss of profit, loss of reputation, and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach of these Conditions by you including (but not limited to); any breach of any provisions relating to the licensing of the Company’s Trade Marks or other intellectual property to the Accredited Provider or out of our use, review and standards of any CPD materials.

8. Confidentiality:

Each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party.

Each party may disclose the other party’s confidential information:

• To its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party’s obligations under this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause
• As may be required by law, court order or any other governmental or regulatory authority
• No party shall use any other party’s confidential information for any purpose other than to perform its obligations under these conditions

9. Other important things you need to know

You must keep your subscription details confidential to help us maintain the security of The CPD Accreditation Group and website.

What happens if you don’t comply with these terms?

We will treat any non-compliance as a serious issue and if we think you have breached any of these terms, we may take any action that we consider appropriate. This may include the temporary or permanent suspension of the use of The CPD Accreditation Group and may include legal proceedings.

10. General

These conditions and the documents referred to in them, constitute the whole agreement between the Company and the Provider and supersede all previous agreements between them.

Providers must acknowledge that on application, you have not relied on and shall have no right or remedy for any statement, representation or warranty other than as expressly set out in these Conditions. Nothing in this clause shall limit or exclude any liability for fraud.

No variation of these Conditions shall be effective unless in writing and signed by the Company and the Accredited Provider.

No person other than the Company or the Accredited Provider shall have the right to enforce these Conditions. Nothing in these Conditions establishes any partnership or joint venture between the parties, constitutes either party, the agent of another party, nor authorises either party to make or enter into any commitments on behalf of the other

No failure or delay by us in exercising (or partial exercising of) any right or remedy available to us under these Conditions or at law shall constitute a waiver of that right or remedy or restricts its further exercise.
If any court or competent authority finds any provision of the conditions to be invalid, illegal or enforceable, that provision, shall, to the extent required, be deemed to be deleted, and the remaining provisions of these Conditions shall not be affected. If any relevant provision would become valid, enforceable or legal if part of it were deleted, it shall apply with the minimum modification necessary to make it legal, valid and enforceable. These conditions (and any related disputes or claims) shall be governed by and construed in accordance with English law and the parties hereby irrevocably agree to the exclusive jurisdiction of the English Courts.