Terms and Conditions
These Terms and Conditions apply to all Services provided by us, The CPD Group Ltd, a company registered in England and Wales under number 10912224, whose registered address is at The Manor House, Rothwell, NN14 6BQ, United Kingdom, (referred to as “the Company/we/us/our”).
Our Services are available to businesses only. These Terms and Conditions do not apply to consumers (as defined in the Consumer Rights Act 2015).
1. Definitions and Interpretation: In these Terms and Conditions, unless the context otherwise requires, the following terms have the following meanings:
“Accredited Business/You/Your” means the sole trader, firm or corporate body entering the Contract with us. The business itself, rather than any individual within it, will apply to obtain the accreditation, subject to these Terms and Conditions;
“Contract” means the contract formed in accordance with clause 2 which incorporates, the chargeable and non-chargeable services, defined in section 3 (Accreditation) at the point of agreement to these Terms and Conditions;
“Fee” means the accreditation fee;
“Materials” means the courses and course materials created by you, to be accredited as part of the Services;
“Services” means the accreditation services provided by us; and
“Website” means https://thecpd.group.
1.1 Each reference in these Terms & Conditions to “writing” or “written” includes emails.
1.2 The headings used in these Terms and Conditions are for convenience only and will have no effect upon their interpretation. Words imparting the singular number include the plural and vice versa. References to persons include corporations.
2. Contract Formation
2.1 In order to apply for CPD Accreditation with us, you will need to complete the registration form via our Website fully and to the best of your knowledge.
2.2 A legally binding Contract will be formed once you submit your application to us, via the Website or otherwise. The Contract will be subject to these Terms and Conditions.
2.3 However, submission of your application is not confirmation of your acceptance of Accreditation. We will confirm acceptance of this in writing if your application is successful and for chargeable services, no Fee will be payable until you have received this confirmation. In the event payment is taken for a chargeable service, but your application is rejected, the Fee will be refunded to you within 14 days.
2.4 No terms or conditions stipulated or referred to by you in any form whatsoever will in any respect vary or add to these Terms and Conditions unless we agree otherwise in writing.
Any variation to these Terms and Conditions or the Contract must be agreed in writing by the duly authorised representatives of each party.
3.1 Accredited Activity Status
3.1.1 CPD activities receiving accreditation are subject to a rigorous mapping through our CPD Accreditation Framework to ensure their suitability for the specific industry at which they are aimed. You agree that our accreditation Services are limited to assessing whether learning materials are suitable and comply with industry guidelines. We have no responsibility for reviewing the technical content, accuracy or completeness of the materials provided.
3.1.2 You agree that the Accredited Activity assessment process is specific to the learning materials alone and is in no way a measure or reflection of the competency of the individual Trainer delivering the training activity.
3.1.3 The assessment process for the Accreditation of Activities will commence in due course following the submission of learning materials via The CPD Group’s online portal, provided we receive payment in accordance with clause 4 and subject to the advised time frames, which is likely to change from time to time.
3.1.4 On successful Activity Accreditation you will be provided with a unique Accredited Activity Logo and a new listing for your Accredited CPD activity will be published on The CPD Register (https://thecpdregister.com/). You must ensure that the use of your unique logo for your Accredited Activity Status is in line with The CPD Group’s Brand Guidelines and not used for any other purpose.
3.1.5 Any overdue payments or cancellation of Direct Debit mandate will automatically engage Accredited Activity Status suspension and a request will be lodged with The CPD Register to remove the activity listing until such time that the overdue funds are paid in full.
3.1.6 The CPD Group withhold the right to refuse Accredited Activity Status for any submitted activities where the applicant is unable or unwilling to provide evidence in support of their application, or they do not comply with The CPD Assessors’ requests for action.
3.2 Accredited Trainer Status
3.2.1 Accredited Trainer applications are subject to a rigorous mapping through our CPD Accreditation Framework to ensure that the individual Trainers are qualified in their area of expertise and that they are fully competent to deliver specific training programmes.
3.2.2 Evidence must be produced to verify educational achievements and professional experience in a particular subject and The CPD Group withhold the right to refuse Accredited Trainer Status for anyone unable or unwilling to provide such evidence.
3.2.3 Evidence of an up-to-date Professional Indemnity Insurance policy with a minimum of 3 months left to expiry will be requested with all Trainer Accreditation applications. The CPD Group withhold the right to refuse Accredited Trainer Status for anyone unable or unwilling to provide such evidence.
3.2.4 It is the responsibility of the applicant to ensure that adequate and valid Professional Indemnity Insurance is in place for the entirety of the accreditation period.
3.2.5 On successfully achieving Trainer Accreditation Status, Trainers will be provided with a unique Accredited Trainer Card and a new listing for the Trainer will be published on The CPD Register (https://thecpdregister.com/).
3.2.6 Any overdue payments or cancelation of Direct Debit mandate will automatically engage Accredited Trainer restrictions, suspension of the Trainer Card functionality and The CPD Register listing removal.
3.3 Approved Provider Status
3.3.1 If your application is successful as set out in clause 2.3, we will send you documentation showing your Approved Provider Status, together with your unique logo and certificate. A new listing for your Accredited Business will be published on The CPD Register (https://thecpdregister.com/).
3.3.2 You must not use your Approved Provider Status to portray or mislead anyone to believe that any of your individual CPD activities you provide or deliver have received CPD accreditation.
3.3.3 You must ensure that the use of your unique logo for your Approved Provider Status is in line with The CPD Group’s Brand Guidelines and not used for any other purpose.
3.4 Accredited Employer Status
3.4.1 Accredited Employer applications are subject to a rigorous mapping through our CPD Accreditation Framework to ensure that the Employer meets our minimum criteria and that they have all the policies and procedures in place to hold The CPD Group’s quality mark of ‘Committed to CPD’.
3.4.2 On successfully achieving Employer Accreditation Status, Employers will receive Accreditation Certification, they will be provided with a unique Accredited Employer Logo and a new listing for the Employer will be published on The CPD Register (https://thecpdregister.com/).
3.4.3 The CPD Group withhold the right to refuse Accredited Employer Status for any organisation who is unable or unwilling to provide evidence in support of their application.
3.4.4 You must ensure that the use of your unique logo for your Accredited Employer Status is in line with The CPD Group’s Brand Guidelines and not used for any other purpose.
3.5 Accredited Event Status
3.5.1 Accredited Events applications are subject to a rigorous mapping through our CPD Accreditation Framework to ensure that the Event Organiser and the Event itself meets our minimum criteria and all necessary elements are in place for a safe and well executed event.
3.5.2 Once successfully accredited, each event will be given its own unique Logo and QR codes will be produced to evidence attendance at the event and to record CPD Credits.
3.5.3 You must ensure that the use of your unique logo for your Accredited Employer Status is in line with The CPD Group’s Brand Guidelines and not used for any other purpose.
3.5.4 On successfully achieving Event Accreditation Status, applicants will receive a unique Accredited Event Logo, related QR codes and a new listing for the Event will be published on The CPD Register (https://thecpdregister.com/).
4.Term, Fees & Payment
4.1 Chargeable services include Accredited Activity Status & Accredited Trainer Status
4.2 On commencement of any payment plan for chargeable services, within the initial 14 days, if no part of the service was accessed and the service is no longer required you can exercise your rights to cancel under The Consumer Rights Act 2015 and a full refund of any payments made will be offered
4.3 If the full service, or partial service has been provided within the initial 14-day period covered by The Consumer Rights Act 2015, all work committed to the service will be chargeable on a pro rata basis upon cancellation. If the funds received do not cover the full pro rata amount due, an additional invoice will be raised and issued for the outstanding sum and will due on issue.
4.4 If the full service, partial service or no service has been provided upon cancellation after the initial 14 days covered by The Consumer Rights Act 2015, the service will be chargeable in full.
4.5 If cancellation of any payment plan is actioned after initial stage covered by The Consumer Rights Act 2015, the full sum will become payable and an invoice raised and issued amount due, an additional invoice will be raised and issued for the outstanding sum of the full plan and will due on issue.
4.6 Refunds can take up to 10 working days.
4.7 We can accredit CPD activities individually for a minimum term of 12 months, 24 months or up to a maximum of 36 months.
4.8 We may offer for you to pay the Fees by way of monthly instalments, by direct debit, subject to suitable credit checks. We reserve the right to request the total Fees or the balance are paid in full immediately if, for any reason, we are not satisfied of your creditworthiness, or if we so decide at our sole discretion. If your Accredited Business is based outside of the UK, then payment must also be made in full in advance.
4.9 Payments made annually in advance will receive a 5% discount.
4.10 You can add additional activities to the contract at any time. When adding further activities, the current contractual term will cease and a new contractual term will start, based upon your chosen accreditation period. The existing activities will not be required to be accredited again and a new expiry date will be issued in line with the new term for any existing activities.
4.11 We reserve the right to adjust the Fees at the end of the term and we will notify you of this in writing.
4.12 The Fees are non-refundable and non-transferrable.
4.13 All Fees are expressed exclusive of VAT, where applicable.
4.14 All payments must be made in pounds sterling without any set-off, withholding or deduction except such amount (if any) of tax as you are required to deduct or withhold by law.
4.15 The time of payment is of the essence of the Contract. If you fail to make any payment to us by the due date then, without prejudice to any statutory right which we may have, we reserve the right to suspend or terminate your registration at our discretion, and charge you interest at a rate of 8% per annum above the Bank of England base rate from time to time in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Such interest will be calculated cumulatively on a daily basis and will run from day to day and accrue after as well as before any judgment. We may also charge for any costs we may incur in attempting to recover any outstanding debt.
5. Updating Materials and Re-Accreditation
5.1 You are encouraged to update Materials periodically in line with new techniques, research, technology etc. Updated Materials must be re-submitted and re-accredited (please contact us to discuss if only minor changes). There are no additional charges for re-accreditation during the accreditation period. If Materials are not updated, the CPD accreditation can only be valid for a maximum 36 months, after which time the accreditation will become invalid, all listings will be marked as ‘Expired’ on The CPD Register and you will be required to cease use of all trademarks and IP belonging to us from your activities and promotional materials.
5.2 If your chosen accreditation term is either 12 or 24 months originally, and you wish to renew your accreditation, you will only be able to renew up to a maximum of 36 months (e.g., 12 months’ accreditation can only be renewed for a maximum additional term of 24 months, totalling 36 months combined). After 36 months in total, your activities must be fully accredited and reviewed by us.
5.3 In the situation where an Activity Accreditation plan, which has been settled in full, upfront, is changed or upgraded before the end of the contractual term, a new full-term plan will take effect immediately and a partial refund offered for the remaining term of the original plan. Please note that refunds can take up to 10 working days.
5.4 If the Activity Accreditation plan is paid monthly and set up via direct debit, then any upgrades or amendments to the plan part way through the contractual term will automatically initiate the new agreed payment plan and the new monthly payment amount will be reflected in the next scheduled payment due and taken directly via direct debit.
6. Intellectual Property
6.1 In relation to your intellectual property:
6.1.1 You will own and retain all intellectual property rights in your Materials, and you grant us a licence to use such Materials to the extent required to allow us to perform our obligations under these Terms and Conditions.
6.1.2 We accept no responsibility for any unlicenced use, by you, of copyright, trademarks, plagiarism or other intellectual property rights. This is your sole responsibility.
6.1.3 You warrant that any Materials or other images, logos, documents or instructions given to us will not cause us to infringe the intellectual property or other legal rights of any third party. You agree to indemnify us against all loss, damages, costs and expenses awarded against or incurred by us in settlement of any claim for any such infringement which results from our use of any such Materials or other information supplied by you.
6.2 In relation to our intellectual property:
6.2.1 We retain ownership in all trademarks, materials and other intellectual property which we may make available to you as part of our Services. You acknowledge that nothing in the Contract will vest any such ownership rights in you. However, provided we receive payment in accordance with clause 4, we will grant you a non-exclusive, non-transferrable license to use the intellectual property the subject of the Contract, solely for the purpose of your Approved Provider Status, Accredited Activity Status, Accredited Trainers Status, Accredited Employer Status or Accredited Event Status for which we are engaged by you. You may not sub-licence these rights without our prior written permission.
6.2.2 Any licence granted under this clause 6.2 will be strictly subject to our conditions for use of our intellectual property, such conditions as can be made available to you on request.
6.2.3 We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of our intellectual property rights. We reserve the right to charge for any such infringement.
6.2.4 Any licence granted under this clause 6.2 will be automatically revoked if you breach any of these Terms and Conditions, if the Contract is cancelled or terminated, or if we consider, in our reasonable opinion, that your continued use could be prejudicial to our reputation and/or any third party.
6.2.5 The licence will apply only to the intellectual property we make available to you for your use, and will not extend to any other logos, images, designs, documentation or other materials. You are not permitted to use our logos, images, designs, documentation or other materials in relation to any other CPD activities, Materials, programmes, events, training courses, or for any other purposes outside of the intended use without obtaining our prior written agreement and such acceptance will be at our sole discretion and subject to review by us at any time.
7.1 You will be entitled to terminate the Contract at any time by giving us a minimum of 3 months’ written notice prior to the expiry of the current Contract term. However, you will remain liable to pay for the remainder of the Contract term and in the event you have not paid in full in advance, the outstanding sum will be invoiced to you and payment must be made within 14 days.
7.2 We will be entitled to terminate the Contract immediately if:
7.2.1 you fail to pay the Fees by the due date;
7.2.2 we become aware any information provided by you is incorrect;
7.2.3 you partake in unsatisfactory or unsafe training procedures, or you conduct any activity that we consider may be damaging to our reputation;
7.2.4 we reasonably believe that you have falsified training records, certificates or similar documents;
7.2.5 you use the accreditation for anything other than the permitted purpose and in line with our Brand Guidelines; or
7.2.6 you breach any of the other provisions of these Terms and Conditions.
7.3 In the event of termination, we will retain any sums already paid to us without prejudice to any other rights we may have whether at law or otherwise, and all payments required under the Contract that are not yet paid will become due and immediately payable.
7.4 Either party has the right to terminate the Contract immediately by giving written notice if the other party goes into bankruptcy or liquidation, either voluntary or compulsory, (except for the purposes of bona fide corporate reconstruction or amalgamation), becomes subject to an administration order (within the meaning of the Insolvency Act 1986), if a receiver is appointed in respect of the whole or any part of its assets, or if the other party ceases, or threatens to cease, to carry on business.
7.5 Upon termination of the Contract for any reason, any licence granted under clause 6.2 will cease immediately and you must remove any reference to your accreditation from all Materials.
8. Liability and Indemnity
8.1 Except in respect of death or personal injury caused by our negligence, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by us, or our employees, agents or otherwise) in connection with the performance of our obligations under the Contract.
8.2 All warranties or conditions whether express or implied by law are expressly excluded to the full extent permitted by law.
8.3 We cannot guarantee any income, profit, business, opportunities or success from receiving the accreditation.
8.4 In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, shall not exceed the fees and expenses paid by you under the Contract in the preceding 12-month period.
8.5 You agree to indemnify us 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 by you of these Terms and Conditions including (but not limited to) any breach of any provisions relating to the licensing of our intellectual property or out of our use, review and standards of any Materials provided by you.
9. Force Majeure: Neither party will be liable for any failure or delay in performing their obligations under the Contract where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storm, earthquake, act of terrorism or war, pandemic, epidemic, governmental action or any other event that is beyond the control of the party in question.
10.1 Both parties agree that they will not use any confidential information provided by the other, other than to perform their obligations under the Contract. Each party will maintain the confidential information’s confidentiality and will not disseminate it to any third party, unless so authorised by the other party in writing or unless required to do so by law.
10.2 You must keep your Website login details confidential and you must not share them with anyone else. If we consider this may have happened, we reserve the right to temporarily suspend or permanently remove your access to the Website.
11. Other Important Terms
11.1 We may transfer (assign) our obligations and rights under the Contract to a third party (if, for example, we sell our business). If this occurs, we will inform you in writing. Your rights under the Contract will not be affected and our obligations under the Contract will be transferred to the third party who will remain bound by them.
11.2 You may not transfer (assign) your obligations and rights under the Contract without our express written permission, which will not be unreasonably withheld.
11.3 Any marketing literature is presented in good faith as a guide to represent the Services offered and does not form a part of the Contract. None of our employees or agents are authorised to make any representation concerning the Services unless confirmed by us in writing. In entering the Contract, you acknowledge that you do not rely on and waive any claim for breach of any such representations, which are not so confirmed.
11.4 Nothing in the Contract will render or be deemed to render any employment, partnership, agency or joint venture relationship between the parties, and nothing in the Contract authorises either party to make or enter any commitments on behalf of the other.
11.5 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Contract.
11.6 If any part of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, this will not affect the validity of the other provisions of the Contract or these Terms and Conditions.
11.7 If the rights under these Terms and Conditions are not exercised or enforced following a breach of Contract by either you or us, this does not mean that either of us has waived our right to do so at a later date.
12. Data Protection: Both parties agree to comply with all applicable data protection legislation including, but not limited to, the General Data Protection Regulation 2016, the Data Protection Act 2018 and any subsequent amendments to them.
13. Law and Jurisdiction
13.1 These Terms & Conditions and the Contract (including any non-contractual matters and obligations arising from them or associated with them) will be governed by and construed in accordance with the laws of England & Wales.
13.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or the Contract (including any non-contractual matters and obligations arising from them or associated with them) will fall within the jurisdiction of the courts of England and Wales.