Terms and Conditions

These Terms and Conditions form a legal Agreement between you and Focus and Achieve. The Terms and Conditions apply to the use of our Web site ,any other web site used as part of your course and your use of our general services. We expect you to read these terms and conditions carefully. If you do not agree with these Terms and Conditions, you may not use our Web sites, services or book on any of our courses.

By actually booking or using our services, you understand and agree that we will treat your use of the Services as acceptance of our Terms from that point onwards. By submitting your booking request you are offering to enter into a contract for training. We will automatically send you an email or other written acknowledgement confirming that we have received your request.

However, we reserve the right to reject any booking request we receive particularly when there is evidence the learner will not be able to meet the assessment criteria of the course they are interested in? A contract will only be formed when you have been given access to our resources and allocated an assessor.

We do not store credit card details nor do we share these with any 3rd parties. Focus and Achieve complies with all applicable legislation such as the Data Protection Act 1998, GDPR Regulations 2016, Equality Act 2010 and Health and Safety Act 1974.

You accept that you might receive messages from our team at anytime that includes nights, mornings, weekends, bank holidays as we seek to serve a global audience with different time zones. This particularly applies to courses delivered by distance or blended learning.

You accept to being recorded when you telephone, use our web site and participate in web conference for training or quality assurance purposes. All assessment activities are recorded. You also consent that should you sent carbon copies of any emails to other parties we reserve the right to also include these parties when we reply or send any further correspondence to you.

Where you have not signed our learner agreement you agree that once you have been assessed this will be treated as acceptance of our terms and conditions.

These Terms will continue to apply until terminated by Focus and Achieve. We will not be liable for any delay or failure in performance or interruption of the delivery of our services resulting directly or indirectly from any cause or circumstances beyond our reasonable control. We reserve the right to update our terms and conditions at anytime.

Use of Services

1] In order to access certain Services, you may be required to provide information about yourself (e.g. identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. If a company booking has been made, all learners or their representative should ensure we have their contact details to allow commencement of assessment. Some information such as email addresses are very essential for setting you up on our e-learning system.

2] You agree that any registration information you give to Focus and Achieve will always be accurate, correct and current. It is your responsibility to ensure your details are up to date including emails as these will be used to maintain communication with you. After completion of your course, we will send your certificate to the address you or your representative has supplied.

3] Unless you have been specifically permitted to do so in a separate agreement with Focus and Achieve, you agree that you will not reproduce, duplicate or copy, or sell, trade, resell or otherwise commercially exploit, any of our resources and Services, or any part for any purpose.

4] You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access our Services. For the avoidance of doubt, you agree that you will not share, disclose and permit any other person to use your account or password to access our services without our permission. Accordingly, you agree that you will be solely responsible for all activities that occur on your account.

5] We reserve the right to modify or withdraw temporarily or permanently this Web site or any resources with or without notice to you. The information, material and services provided on the Web site are provided on an 'as is' and 'as available' basis. Although every reasonable effort has been made to ensure that the information and material on our Web site was complete and accurate at the time of publication, it is subject to variation at any time without notice and we give no warranty whatsoever that any information or material on the Web site will be accurate or complete at any particular time or at all.

We shall not be liable for the content of or any omissions from the Web site, including any inaccuracies, errors or misstatements in the data available. We do not commit to ensuring that the web site remains available or that the material on the web site is kept up-to-date. We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control. This includes weather conditions,strikes,natural disasters or terrorism events.

None of the materials pertaining to our events and courses is intended to constitute financial, legal or professional advice. You should therefore not rely on advice given in a learning environment which should always be treated as hypothetical. You are encouraged to seek appropriate advice.

6] You must abide by all applicable laws and regulations in connection with your use of our Web site and our services.

7] You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when using this Web site and any or our services.

8] We have not reviewed any of the sites that may be linked to this Web site and are not responsible for the content of any linked pages or other sites linked to this Web site. We have no responsibility or liability arising from the content of any linked pages or link sites or for any error, defamation, omission, obscenity or inaccuracy contained in any information therein.

We will not be liable to you for any damage to or loss of data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity or for any special, indirect or consequential loss or damage howsoever arising.

9 ] You must not use our web site in any way that causes, or may cause, damage to the web site or impairment of the availability or accessibility of the web site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

10] You must not use our web site to transmit or send unsolicited commercial communications this includes marketing without our express written consent. Access to certain areas of our web site is restricted. We reserve the right to restrict access to areas of our web site and services at our discretion.

11] If we provide you with a user ID and password to enable you to access restricted areas of our web site or other content or services, you must ensure that your user ID and password is kept confidential. We may disable your user ID and password at our sole discretion without notice or explanation.

12] Upon registering with Focus and Achieve, once you receive confirmation and/or an invoice you will be liable to pay the full amount reflected on the invoice. Your booking or invoice will be cancelled if payment is not received within five days. This does not apply if alternative payment terms have been agreed.

13] You provide consent that your information may be shared with interested parties if there is a risk to your self and others. You also agree that your information may be shared with significant others such as awarding and professional bodies ,regulators, learner records services, employers and during litigation.

14] You accept that from time to time you might be assessed by a trainee under the supervision of qualified staff.

15] Focus and Achieve does not accept responsibility for complaints arising from possible food poisoning or allergies and all such complaints should be addressed or directed to food providers. This only applies when food is provided.

16 ] While Focus and Achieve endeavours to ensure reasonable safety and security at our events and courses, it must be understood that all parties attending do so at their own risk. We will not be held responsible for injuries that may be incurred as a result of attending an event or course where the circumstances are outside of our control. However, nothing in these terms and conditions or any other terms of Focus and Achieve seeks to exclude liability for death or personal injury resulting from Focus and Achieve's negligence.

Support

1] We aim to support all our candidates. Each candidate is allocated an assessor who is their first point of contact and primary source of support. We also operate a tutorial system where candidates can request support for further support. Candidates can also get support with their work by completing Assignment Planners where they can get guidance before they can fully tackle any assignment.

There are other sources of support such as face to face workshops, forums where candidates can benefit from both peer and support from other course staff besides their allocated assessor. Our office staff can also provide general support. In return we expect you to utilise all these methods of support. We will not accept any claims of lack of support from Focus and Achieve if there is clear evidence you have not fully utilised all support provided.

2]You agree that you will work hard to ensure you complete your course within the specified time period. You agree that you will be actively involved in the assessment process of your course. You are expected to utilise all the support available such as web conferences and workshops. It is your responsibility to ensure you fully take part in induction and course activities.You are responsible for your own learning. You should therefore take ownership and ensure your conduct on the course is in line with the level descriptors and meet course requirements.You consent that you may be requested by the assessor or moderator to participate on some course activities in order to address any learner needs.

You will be required to follow the assessment plan and directions given by your assessor. It is your responsibility to ensure you make the necessary arrangements to facilitate assessment within your work place (where applicable). Your assessor can also request you to attend workshops or participate on forums as part of addressing any needs you might have especially if you are struggling!

If you do not follow the assessment plan or directions given by Focus and Achieve, you might incur delays with your feedback and future assessment. If your actions are deemed deliberate and unreasonable by a member of the internal quality assurance team,you might be withdrawn from your course for lack of progress or failure to meet course outcomes or any bench mark in place such as failure to adhere to applicable code of practice. We reserve the right to charge you for any future assessments if you deliberately do not follow the feedback and guidance given by your assessor as you will be creating extra work.

3] If your course is assessed by portfolio,it is your responsibility to ensure you submit your work as a portfolio otherwise your work will be rejected and you will miss any internal or external moderation. You should submit your work following the portfolio index provided. It is important for your portfolio to be presented in a clear format that will allow tracking and auditing of your work. If you want us to post your incomplete work back to you, admin and postage charges will apply. Candidates are responsible for tracking their evidence. Guidance can be provided by course staff.

4] If you remain inactive or have not completed any assessment for at least eight weeks, your assessor will be withdrawn. A reinstatement fee will apply. This fee does not apply if you qualify for exemption under our extenuating circumstances policy. The fee does not apply if you had formally notified us of your absence.

If you have not participated in any activities for 15 weeks, without making any contact we reserve the right to withdraw you from your course. Your registration with the awarding body might also be withdrawn. This does not apply to learners who are exempted under our extenuating circumstances policy, notified Focus and Achieve Officially or been granted an extension.

5] If you book on any of our distance or blended learning courses, you agree that a proportion of it would be by e-learning. It is your responsibility to ensure you have access to a multi-media computer and internet.

If you are enrolled on a blended learning course the primary course delivery is by web conferences, face to face workshops,forums (or learning logs) and tutorials. A reading list is also provided. The Elearning System also contains supplementary course resources to aid your learning. It is your responsibility to access and follow any of the activities highlighted above as they also count towards Guided Learning Hours (GLH).

It is also your responsibility to access your e-learning account where course messages will be posted. The management and assessment team will issue notices ,deadlines and any course information. All communication will be dated and considered to have been passed to the learner once posted on our elearning portal. Focus and Achieve will not accept any responsibility and excuses from learners who fail to access their e-learning account and subsequently do not access any communication.

6] You are required to attend scheduled workshops and micro-teach sessions you have booked on. If you have missed your booked session,a re-booking fee may be applicable and priority will be given to candidates who have originally booked on the next session which you wish to attend. We also reserve the right not to reschedule any micro-teach or workshop if it is not cost effective.

Unreasonable Behaviour

Any candidate who engages in unreasonable behaviours risks being subject to mour discliplinary procedures. This could result in your enrolment being terminated. Serious incidents will be reported to the police, awarding body, employers, other relevant bodies and might result in litigation. You are expected to adhere to our equal opportunities, inclusion ,health and safety, data protection and academic policies.

Unreasonable behaviour includes libelous claims, unjustified actions designed to damage our business and reputation, being abusive, passing rude remarks, shouting ,non compliance of quality assurance procedures, refusing to fully participate in the assessment process and failure to follow our terms and conditions.

You are not allowed to film or record any of our teaching sessions without permission. Doing so will result in a breach of contract. Focus and Achieve reserve the right to withdraw you from the course or to instigate any disciplinary measures in place?

If your behaviour is considered as harassment, libelous, undermine the assessment and quality assurance process, we reserve the right to instigate any of our policies.

We have a zero tolerance towards extreme unreasonable behaviour. We will not hesitate to withdraw you from the course especially if you are enrolled on a course where you are expected to demonstrate professional behaviour and respect for others.

Candidates on placement are expected to behave professionally. Focus and Achieve reserves the right to withdraw you from the placement for any unreasonable behaviour.

Certificates

We will post any certificates to the address you provided during booking. It is your responsibility to ensure you inform us of any change of address.

Payments

1] In any case where a candidate has not paid, or for example has other outstanding payments, we reserve the right to refuse entry to any of our events. We also reserve the right not to assess your work or pass any information about registration, assessments and moderation. Please note, that you might be expected to pay at least 50% of your course fees to be fully registered as a candidate.

2] Once we have received your booking and payment, we then send you a confirmation email with your username and password. When you receive this confirmatory e-mail, a contract between you and Focus and Achieve is formed.

3] The price of any Courses will be as quoted on the Web site from time to time, except in cases of obvious error. This Web site contains a large number of Courses and it is always possible that, despite our best efforts, some of the Courses listed on the Web site may be incorrectly priced. We will normally verify prices as part of our registration procedures so that, where the correct price of any Courses is less than our stated price; we will charge the lower amount. If the correct price of the Course is higher than the price stated on the Web site, we will normally, at our discretion, either contact you or reject your booking and notify you of such rejection

4] Prices are liable to change at any time, but changes will not affect bookings already accepted and processed.

5] All credit/debit card payments are subject to validation checks and authorisations by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment to us, we will not accept your booking.

6] It is your responsibility to ensure all course fees are paid. If you are paying by instalments and have not made all your payments according to your installment plan, we reserve the right to restrict our services. This includes pausing assessment and support. We will not claim your certificate from the awarding body when you owe course fees. We also reserve the right to charge an additional admin fee equal to 10% of the initial course fee for adjusting your

If any fees are outstanding you remain a debtor until all fees are paid in full. As a debtor we reserve the right not to claim your certificate from the awarding body, provide any official confirmation of your assessment, results and feedback.

Due to a high number of bad debts we now expect payment for our services from companies and organisations up front. We also reserve the right to pass all debts to a collection agency that will charge additional administration fees and interest if you ignore our requests for payment. They may also add further County Court costs which might affect your credit rating in the future.

Please note that even if you choose not to continue with the course at any time the whole amount is still due as you will have entered into a legally binding contract to pay the full amount. We are a very understanding learning provider ,so if you are experiencing financial difficulties why not call us and work on some workable arrangement instead of allowing the debt to be passed for collection?

7] No shows and last minute cancellations by candidates cost money including traveling, venue booking, time, wages for the assessor/s and sometimes hotel fees. It is also worthwhile to remember majority of our courses are popular and involve a number of variables and resources which will be difficult to organise again. There will also be a probability that we would have turned away another candidate. As a result anyone who does not turn up or cancels within 24 hours will not receive any refund. A penalty charge might also be applicable.

Changes and Cancellations by Focus and Achieve

Our course delivery and resources are constantly updated and improved inline with our quality assurance polices and procedures. We reserve the right to alter any of the content without prior notice. You will however be given a transition period where you are expected to continue with your current assessment procedures till a specified date. If you have not been able to complete your course work and the date lapses you are then expected to follow the current procedures.

We also reserve the right to cancel an event or training course at any time without liability. In these circumstances, we will offer an alternative date, a credit note or a full refund.