C2.2 Centre Agreement | In2assessments New

Centre Agreement: Terms and Conditions of Service

Terms and Conditions of Service

1. The Agreement

This Agreement takes effect from the Start Date and is made between you, the subscriber detailed on the Service Level Contract, and us, In2Assessments, a company registered in England under In2action company number 04994617, and whose registered office is at:

Registered Office In2action
8th Floor Becket House, 36 Old Jewry, London, EC2R 8DD

By signing and returning to us the Service Level Contract, sending to us any Student Data or using the Service you are deemed to have accepted these Terms and Conditions of Service and Privacy Policies. Please read both of these before signing the Service Level Contract or using the Service. No variation to these Terms and Conditions of Service or the Service Level Contract shall be binding unless in writing and signed by us.

You confirm that all the information supplied by you on the Service Level Contract is accurate. We are not obliged to accept any order.

2. Definitions

In these Terms, the following words and expressions have the following meanings:

“Agreement”

the agreement between you and us upon the terms set out in these Terms, Privacy Policies and Copyright Statement;

“Centre”

employer or organisation, as detailed on the order form;

“Conditions”

the standard terms and conditions of supply of the Service, as set out in this document;

“Content”

materials (including but not limited to text, graphics, and software) at the Site;

“Contract Period”

the period for which you have committed to receiving the Service, as detailed in the Service Level Contract, which period commences on the Start Date or such other date as may be agreed between us in writing;

“Fees”

the fees payable in respect of the Service, as detailed in the Service Level Contract or as agreed between us in writing

“Learner”

a Student with access to the Service;

“Site”

the Site , refers to the online portal, which you, Centres and the Learners can access the Service;

“Start Date”

the date we accept the Service Level Contract by issuing to you an invoice in respect of the initial Fees payable in respect of your chosen payment option;

“Student Data”

all information relating to Learners which we hold for the purpose of providing the Service.

“Student”

An apprentice employed by the Centre;

“we”, “our” and “us”

refers to In2Assessments;

“you” and “your”

refers to the subscriber detailed on the Service Level Contract;

In these Terms:

clause headings are inserted for ease of reference only and do not affect construction;
words importing one gender shall be treated as importing any gender, words importing individuals shall be treated as importing bodies corporate, corporations, unincorporated associations and partnerships and vice-versa, words importing the singular shall be treated as importing the plural and vice-versa, and words importing whole shall be treated as including a reference to any part thereof.

3. Provision of the Service

The Service is accessible using a standard Internet browser.

You must comply with all procedures and policies which we may issue from time to time in relation to the use or operation of the Service.

You are responsible for compliance by your Centres and Students with these Terms.

You and your centre staff must make all reasonable steps to comply with request from either us or Ofqual regarding information or documentation that supports both parties conforming to the conditions of recognition.

You must agree to provide open assistance for In2assessments to undertake monitoring activities or assist Ofqual with any investigations it calls upon both parties.

You must maintain a level of resources and personnel to support students in their undertaking of their EPA.

4. Changes to the Service

We may:

for operational reasons, make changes to the technical specification of the service, where that change will not have an impact upon the performance of the service; or
cease, temporarily or permanently, part or parts of the service following a reasonable period of notice. We shall not be liable to you for any changes or stoppages.

5. Learner Accounts set-up

The centre is responsible for setting up and updating student data. You will ensure that the data is current and accurate and ensure that out of date information is deleted or updated.

6. Centres role in assessments

Centres will not be required to deliver any part of the assessment process. The whole of the assessment process will be delivered by independent assessors provided by In2assessments.

The Centre will ensure that each candidate has the suitable resources and locations to undertake the various parts of the assessment.

7. ID, Usernames and Passwords

You are accountable for safeguarding that any such usernames and passwords remain confidential and secure and are fully accountable for all actions which arise under such usernames and passwords.

8. Payment

On receipt of the signed Service Level Contract we will issue to you an invoice for the Fees payable in respect of your learner numbers. Invoices are payable within 21 days from issue.

Fees are exclusive of Value Added Tax where applicable, which you shall pay at the prevailing rate in addition and at the equivalent time as payment of the Fees.

If you do not pay any invoice by its due date we may terminate access to the Service by you or any Learner.

9. Data Protection

Both the Centre and the Awarding Organisation will comply with the Data Protection Act 2018 (GDPR) including any further applicable data protection legislation that comes into force during the notice of this agreement. In2assessments will also follow its own internal GDPR Policy and Data Protection Policy. The terms "personal data", "process" and "data subject" have the same meanings as indicated in the Data Protection Act 2018 (GDPR).

Our Privacy Policy outlines how learners' data and other personal data is managed by In2assessments. You permit that you provide authority and consent for learners' data to be used in connection with the service.

Where we process personal data on your or the centres behalf, we shall:

unless received in writing, process data to the extent as needed to meet the requirements for the provision of service or as required by law or regulatory body;
have in place, technical and organisational measures to protect personal data against unauthorised or unlawful processing, accidental loss, destruction, damage, alteration or disclosure.
notify you if we receive a request for your personal data from a data subject or other complaint or request relating to your obligations under the Data Protection Act 2018 (GDPR)

10. Equalities Law

Both the Centre and the Awarding Organisation will comply with the Equalities Act 2010 when delivering qualifications and services. This will include any further applicable Equalities Law that may come into force during the notice of the agreement. In2Assessments will also follow its own Equality and Diversity Policy. This applies to all learners and staff employed by the Centre and In2Assessments.

11. Complaints & Appeals Procedure

Where the learner, Centre, or employee has a complaint about the service provision of the Awarding Organisation, they may raise a complaint with In2assessments following its Complaints & Appeals Policy. The complaint will be processed by the Awarding Organisation, by an independent panel, who will consider the facts and make a judgement on the outcome. This will be actioned and the outcome informed within 10 working days. A fee of £150 is required to process a complaint, which is fully refunded if the complaint is upheld. No action on the complaint will take place until the payment is received.

Where a learner or Centre does not feel the result of an EPA reflects the learners actual performance, they may in the first instance ask for a clerical check. The clerical check will be undertaken by In2Assessments by the EPA Manager to see if their is an obvious mistake in the assessment result given. If a error has been found, the result will be updated and a new outcome transit will be sent out. If the EPA-Manager does not see an obvious clerical error, then they will inform the apprentice and they will then have the opportunity to make a formal appeal. A fee of £150 is required to process the appeal, which will be fully refunded if the appeal is upheld. No action on the appeal will take place until the payment is received.In2assessments will respond to the apprentice or Centre within 21 days on the outcome of the appeal or contact the Centre if more time is required to gather evidence and review the appeal.

12. Scrutiny of Assessment Process

You agree that you will provide access for In2Assessments to visit the Centre whilst Assessments are undertaken to ensure exams are delivered within the guidelines set, and opportunity for Internal Verifiers and and External Verifiers to visit to observe assessments whilst they are being undertaken as part of a routine process of scrutiny. Due to the structure and delivery of the EPA, the Centre will not be responsible for any part of the assessment process or issuing marks or grades.

13. Withdrawal of Services

There may be an occasion where In2Assessments will need to withdraw its end-point assessment services, or an employer/provider takes action to cease using In2Assessments, as an EPAO. Withdrawal Policy At all times we will work with agencies and organisations involved to ensure apprentices are supported within our remit as an EPAO and in accordance with the relevant funding regulations. In2Assessments carries out end-point assessment activities on behalf of employers, apprentices, and providers. The service level contract recognises this arrangement. In2Assessments contracting process makes clear the responsibilities of providers and employers in working with In2Assessments, in respect of regulatory compliance.

14. Intellectual Property

All material whether in hard copy or electronic form provided by In2Assessments, on this site, issued during the service or provided as part of the EPA, will remain the property of In2Assessments.This includes all copyright, database rights, design rights and trade marks, whether registered or unregistered.

The Centre may use this material and have access to the facilities provided on the website and learner portal during the period of the contract.