SCHEDULE 1 DETAILS OF COURSES AND OFFERED AND FEES
SCHEDULE 2 CODE OF CONDUCT
SCHEDULE 3 MODEL CANCELLATION FORM FOR CONSUMER CUSTOMERS
1.1 What these terms cover. These are the terms and conditions on which we deliver our course to you. (Our “terms”).
1.2 Why you should read them. Please read these terms carefully before you make your application to us to enrol on a course. These terms tell you who we are, how we will deliver your chosen course to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
Provisions specific to consumers only are in black font and those specific to businesses only are in blue font.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You warrant that you have the legal authority to bind the Business to these Terms. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
1.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
(a) Application means: Indicating to us your interest to join our on-site or remote course.
(b) Application Form means: Completing our online application form provided to you electronically upon your intention to begin the course.
(c) Business means a company or other legal entity.
(d) Course: means introductory one month self-learning course (completed at home) and three month intensive training Course (online or at our offices).
(e) Deposit: means the required non-refundable fee to reserve your place on a course.
(f) Hardware: The hardware (an Apple Mac or Linux Computer) necessary to participate in your chosen course.
(g) Services means: the delivery of courses and Support with CV development and interview preparation.
2. Information about us and how to contact us
2.1 Who we are. We are Affinity Digital Ltd, a company registered in England and Wales. Our company registration number is 10765189 and our registered office is at 15 Queen Square, Queen Square, Leeds, United Kingdom, and LS2 8AJ. (“Affinity” or “we”).
2.2 How to contact us. You can contact us by telephoning our customer service team at 0113 4510 121 or by writing to us at firstname.lastname@example.org or to Affinity Digital Ltd., 15 Queen Square, Queen Square, Leeds, United Kingdom, LS2 8AJ.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3.1 How we will accept your application. Our acceptance of your application will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 The application will be provided to you digitally if we feel that the course is a good fit for you.
3.3 Your application must include:
(a) Suitable hardware: a desktop or laptop computer with at least 8GB of RAM, an i5 or equivalent processor and a stable internet connection with at least 4Mb of bandwidth in order to screen share your work during retrospectives if joining remotely. A laptop computer must be used if you are applying to complete our course on-site.
(b) Suitable software: Mac OS 10.10 or newer or a recent Linux Distribution.
3.4 Once we receive your application we will send you a link to our on-line payment page, where you can pay the required Deposit by bank debit or credit card.
3.5 If we cannot accept your application. If we are unable to accept your application, we will inform you of this in writing and will not charge you for the course or any services. This might be because you have not confirmed to us that you have the necessary hardware and/or software to enable you to participate fully and effectively in the course that you have chosen; or because of unexpected limits on our resources which we could not reasonably plan for example the unavailability of a place on your chosen course or a tutor is not available to deliver the course programme.
3.6 Your application. It will help us if you can tell us your full name whenever you contact us about your application.
4.1 The courses and services that we provide include:
4.2 One month self-study to be completed at home, which includes reference materials posted to your address as well as online material. These resources are designed to provide you with the basics of Object Oriented Programming and the Ruby Programming Language.
4.4 Training in the use of the command line, continuous integration, version control, stand ups, scrum and retrospectives
4.5 CV and interview preparation;
4.6 At least one calendar month contributing to commercial projects.
If you wish to make a change to the courses that you have that you have applied to join, please contact us within 5 days. An example of a change might be a change from a remote course to an on-site course or vice-versa. We will let you know if the change is possible. If it is possible we will let you know about any changes to the fee required, the date of the course or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6.1 Minor changes to a course. We may change a course in the following circumstances:
(a) To reflect changes in the industry where newer technologies are superseding current practices
(b) To reflect changes in relevant laws and regulatory requirements; and
(c) To implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Services.
6.2 More significant changes to a course and these terms. In addition, as we informed you in the description of the courses on our website, we may make the following changes to these terms but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any course paid for but not received.
7.1 When we will provide our courses. During the application process, we will let you know when we will begin delivery of your chosen course. Your application will be accepted once sufficient resources are available to reserve your place on the course and payment of a deposit has been made by you in full and cleared funds. The estimated completion date for the course is as told to you during the application process.
7.2 We are not responsible for delays outside our control. If our delivery of the course is delayed by an event outside our 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 delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any part of the course that you have paid for but not received.
7.3 What will happen if you do not give required information to us. We may need certain information from you so that we can deliver the course to you, for example, whether or not you meet our hardware and software requirements. If so, this will have been stated in the description of the courses on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for delivering the course late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.4 Reasons we may suspend the services to you. We may have to suspend the course to:
(a) update the content of the course to reflect changes in relevant laws and regulatory requirements;
(b) make changes to the courses as requested by you or notified by us to you (see clause 6).
7.5 Your rights if we suspend the course. We will contact you in advance to tell you we will be suspending the course, unless the problem is urgent. If we have to suspend the course for longer than 5 days consecutively we will adjust the fee so that you do not pay for the course whilst it is suspended.
7.6 We may also suspend delivery of the course to you if you do not pay. If you do not pay us for the course when you are supposed to (see clause 14.2) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend delivery of the course to you until you have paid us the outstanding amounts. We will contact you to tell you we are suspending delivery of the course to you. We will not suspend delivery of the course where you dispute an unpaid invoice (see clause 14.7). As well as suspending delivery of the course we can also charge you interest on your overdue payments (see clause 14.6).
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what course you have paid for, whether there is anything wrong with the course provided or how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If a course you have applied for is mis-described you may have a legal right to end the contract (or a course re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the course, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see [clause 8.7 OR clause 8.8].
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any course which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the course or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the fee of the course that you have chosen and you do not wish to proceed;
(c) there is a risk that delivery of the course may be significantly delayed because of events outside our control;
(d) we have suspended delivery of the course for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) Courses: once the three month intensive course has begun either remotely or on-site;
8.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished delivering the course and you have paid for it. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for the course or part of the courses not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Contact your course tutor at email@example.com
(b) Phone or email. Call customer services on 0113 4510 121 or email us at firstname.lastname@example.org. Please provide your full name, home address, details of your application and, where available, your phone number and email address.
10.1 We may end the contract if you break it. We may end the contract for the services at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary to deliver the course for example, the application form, completed in full;
(c) you do not, within a reasonable time, allow us to deliver the course to you; or
(d) you do not have the required hardware to complete the course (an Apple Mac or Linux Computer).
(e) Fail to adhere to our code of conduct.
10.3 We may withdraw the services. We may write to you to let you know that we are going to stop delivering the course. We will let you know at least 7 days in advance of our stopping delivery of the course and will refund any sums you have paid in advance for the course which will not be delivered.
How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team on 0113 4510 121 or write to us at email@example.com or write to Affinity Digital Ltd., 15 Queen Square, Queen Square, Leeds, United Kingdom, LS2 8AJ.
12.1 If you are a consumer we are under a legal duty to deliver the course in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
See also clause 8.3.
· you can ask us to repeat a service if it's not carried out with reasonable care and skill, or get some money back if we can't put it right.
· if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
· if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
Your obligation to return rejected course material. If you wish to exercise your legal rights to reject the services provided then you must either email or post the course materials back to us. We will pay the costs of postage. Please call customer services on 0113 4510 121 or email us at firstname.lastname@example.org or write to Affinity Digital ltd., 15 Queen Square, Queen Square, Leeds, United Kingdom, LS2 8AJ.
13.1 If you are a business customer we warrant that the services will be provided with reasonable skill and care.
14.1 Where to find details of fees for the course. The fees for the courses (which includes VAT payable at UK rates) will be found on our website when you made your application for the course. We take all reasonable care to ensure that the fees advised to you are correct. However please see clause 14.5 for what happens if we discover an error in the fee for the course for which you applied to enrol.
14.2 When you must pay and how you must pay. We accept payment with MasterCard and Visa cards via Stripe. You must make the following payments to us:
(a) pay the Non-refundable Deposit before you commence the self-study course; and
(b) pay the remainder of the Fee in full before we commence delivery of the 3 month intensive course.
14.3 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the courses we sell may be incorrectly priced. We will normally check fees before accepting your application so that, where the course’s correct fee at the date of your application is less than our stated fee at your order date, we will charge the lower amount. If the course’s correct price at your date of application is higher than the fee stated to you, we will contact you for your instructions before we accept your application to enrol. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the application process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services is summarised at clause 12.1 supplied with reasonable skill and care.
15.3 We are not liable for business losses. If you are a consumer we only supply the services for to you for domestic and private use. If you use the services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for services under such contract.
17.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to deliver the courses and supply any other services to you;
(b) to process your payment for the course and any services; and
(c) if you agreed to this during the application process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
17.2 We will only give your personal information to [other] third parties where the law either requires or allows us to do so.
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract OR We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 of us telling you about it and we will refund you any payments you have made in advance for the course or other services not provided.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to deliver the course or provide services, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
18.7 Online Dispute Resolution (ODR)The EU ODR platform facilitates the online resolution of contractual disputes between EU consumers and traders over purchases made online, enabling the settlement of disputes out of court in a simple, fast and low-cost way.
18.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
· £500 non-refundable deposit once we have received your application form. After receiving payment we will provide you with full details and materials to complete the self-study course to be completed at home.
· One month self-study to be completed at home, which includes reference materials posted to your address as well as online material. These resources are designed to provide you with the basics of Object Oriented Programming and the Ruby Programming Language.
· £2500 for the remote course to be paid after completing the self-study course. After which you will be enrolled on our three month intensive course.
· OR £3500 for the onsite course to be paid after completing the self-study course. After which you will be enrolled on our three month intensive course.
Schedule 2 Code of Conduct
ProCoders is dedicated to providing a harassment-free training experience for everyone, regardless of gender identity, sexual orientation, disability, physical appearance, body size, race, or religion. We do not tolerate harassment of our students in any form. Sexual language and imagery is not deemed appropriate for any course, including remote students. Students violating any of these rules may be sanctioned or expelled from the course, at the discretion of the Affinity Digital Ltd.
Harassment includes, but is not limited to: offensive verbal comments related to gender identity, sexual orientation, disability, physical appearance, body size, race, or religion; sexual images on-side or through slack; deliberate intimidation; sustained disruption of pair programming, stand-ups, retrospectives or other events; inappropriate physical contact; and any unwelcome sexual attention. Participants asked to stop any harassing behavior are expected to comply immediately.
If a student engages in harassing behavior or is disruptive in any way, we may take any action deemed appropriate, including warning the offender or expulsion from the course. If you are being harassed, notice that someone else is being harassed, or have any other concerns regarding violations of this policy, please contact a member of staff immediately.
Staff are happy to help those experiencing harassment. Having a confortable environment for our all our students is of paramount importance to us, and we value your help towards creating this space.
Schedule 3 Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To: Affinity Digital Ltd., 15 Queen Square, Queen Square, Leeds, United Kingdom, LS2 8AJ 0113 4510 121, email@example.com
I [NAME] hereby give notice that I cancel my contract for the following course,
Name of course:
Application made on [*]/course entered on [*]:
Name of consumer:
Address of consumer:
Signature of consumer: (only if this form is notified on paper),
© Crown copyright 2013.