Terms and Conditions of Access

By submitting this application form you are agreeing to the Access to Skillsfile Terms and Conditions below;

Access To Skillsfile - Terms and Conditions

1. 1
   These terms and conditions apply to your use of the Skillsfile system ('Skillsfile'). They supplement and should be read in conjunction with the Skillsfile website terms and conditions ('General Terms'), www.skillsfile.org.
2. 2
   In these terms and conditions 'we' and 'us' means the Construction Industry Training Board (Registered Charity No. 264289) otherwise known as ConstructionSkills, 'you' means the Approved Centre making an application under these terms and conditions to use Skillsfile; 'Approved Centre' means an organisation/entity who has been approved and appointed by us to offer approved courses to individuals and entered into the Approved Centre Contract; 'User' means any individual registered with you and accessing Skillsfile.
3. 2A
   You may use Skillsfile to build portfolios relating to Users enrolled on courses not offered by ConstructionSkills or an Approved Centre subject always to the prior approval in writing of the use of Skillsfile in relation to that qualification. The terms and conditions herein contained shall apply to any such portfolio. ConstructionSkills reserves the right to refuse approval for the use of Skillsfile for any qualification at its sole discretion.
4. 3
   Your access to and use of Skillsfile constitutes your acceptance of these terms and conditions which takes effect from the date on which you use Skillsfile. If you do not accept these terms and conditions in full you must leave Skillsfile immediately.
5. 4
   We may revise these terms and conditions at any time by updating this document. Please check this document each time you use Skillsfile. Your continued use of Skillsfile will mean that you agree to any such changes.

Contract Formation

1. 5
   You may make an application to access Skillsfile by following the process on the Skillsfile website. An application may be made electronically or by post.
2. 6
   All applications shall be regarded as an offer by you under these terms and conditions. Acceptance by us, subject to a suitable application, will take place upon notification to you by email.
3. 7
   Our acceptance of your application to access Skillsfile brings into existence a legally binding agreement between us.
4. 8
   You warrant that all your staff using Skillsfile have received appropriate training and refresher updates and are authorised to use Skillsfile.

Data Accuracy

1. 9
   You are responsible for the accuracy, content and completeness of all documents, data or material entered onto Skillsfile.
2. 10
   We reserve the right to limit the quantity of documents, data and other material you upload onto Skillsfile at anytime.
3. 11
   On our acceptance of your Skillsfile application we will create one or more system administrator accounts with individual passwords. It is your responsibility to maintain the security of these passwords. Your system administrator(s) will be permitted to create further user accounts for the Approved Centre, in addition they will issue log-ins and passwords to these users. It is your responsibility to ensure that you manage all user access appropriately and in accordance with the Data Protection Act 1998. Further, you are responsible for the security of your system administrator(s) and user access to Skillsfile.
4. 12
   We further reserve the right (but undertake no duty) to review, edit, move or delete any documents, data or material you enter onto Skillsfile, at our sole discretion.
5. 13
   Where documents, data or material relating to a qualification not awarded by Cskills Awards are entered onto Skillsfile, we shall have no liability for verifying, maintaining or updating such documents, data or material.

Price

1. 14
   The prices for your use of Skillsfile are listed in our published price list in the Cskills Library, within Skillsfile. We reserve the right to change prices listed without notice.
2. 15
   Prices shown exclude VAT, which is payable where and to the extent that VAT is required to be applied. When you make use of Skillsfile outside the UK our prices may be subject to import duties and taxes. Any additional charges for customs clearance or otherwise must be borne by you.
3. 15A
   Any sums paid by You to ConstructionSkills shall not be refundable to in the event that any User accessing Skillsfile in conjunction with You ceases to be registered with You, whether transferring to another Approved Centre or otherwise.

Payment

1. 16
   Invoices shall be sent out to you at your registered address. All payments must be made in UK sterling (GBP) and may be by cheque, BACS transfer or credit or debit card.
2. 17
   Payment shall be made within 30 days of the date of the invoice. If full payment is not received when due we shall be entitled to include interest on the amount outstanding from the date when such payment is due until the date of actual payment (both after as well as before judgement) at a rate of 4% above the base rate from time to time of Barclays Bank plc.
3. 18
   If payment is not received by the due date without prejudice to any other right or remedy available to us we shall be entitled to:

   1. a)
      cancel this contract; and/or
   2. b)
      restrict Skillsfile functionality to 'read only' for all users within the Approved centre; and/or
   3. c)
      withhold the issue of further access to Skillsfile.
4. 19
   Without waiver or limitation of any rights or remedies we shall be entitled to set-off any and all monies owed by us to you against any and all monies owed by you to us under this or any contract.

Intellectual Property

1. 20
   The names, images and logos identifying ConstructionSkills, Skillsfile and Cskills Awards are proprietary marks of ConstructionSkills.
2. 21
   All other trademarks, brand names, product names, titles and copyright used in Skillsfile are trademarks, brand names, product names or copyright of their respective holders. No permission is given by ConstructionSkills in respect of the use of any of them and such use may constitute an infringement of the holder's rights.
3. 22
   Copyright subsists in our website and our literature, these may not be reproduced in any form without our prior written consent.

Liability

1. 23
   Use of Skillsfile is at your sole risk. We shall not be liable for any loss or damage whatsoever and howsoever arising as a result of your use of or reliance on the information contained on Skillsfile to the maximum extent permitted by law.
2. 24
   We shall not be liable to you;

   1. a)
      for any indirect, special or consequential loss of any nature whatsoever; or
   2. b)
      for any loss of profits, loss of income, other economic loss, loss of data, administrative inconvenience or disappointment; or
   3. c)
      where performance of any obligation to you is prevented by any circumstances beyond our reasonable control including without limitation strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
3. 25
   Nothing in these terms and conditions is intended to limit our liability for death or personal injury caused by our negligence.
4. 26
   Subject to condition 24 our liability to you in contract, tort or otherwise is limited to the value of the fees payable by you to us in relation to your use of Skillsfile.
5. 27
   While we endeavour to ensure that the information on Skillsfile is correct, the material on Skillsfile is provided 'as is' excluding any condition, warranties or other terms of any kind as to the accuracy and completeness of such material.

Indemnity

1. 28
   You shall fully indemnify and keep us fully indemnified for any loss or damage suffered by us for breach of the terms and conditions including any failure to comply with the Data Protection Act 1998.

Audit Requirements

1. 29
   You agree to allow us or our agent's access to your premises and systems during working hours to audit all related documentation and records (including taking copies of such materials) as detailed in the QCA NVQ Code of Practice (2006) and the Cskills Awards Qualifications and Credit Framework Requirements for Approved Centres (September 2010).

Data Protection

1. 30
   For the purposes of the Data Protection Act 1998, you are a data controller for the personal records that you enter onto Skillsfile. You must notify each individual whose data you enter onto Skillsfile, that:

   1. a)
      you have recorded their details on Skillsfile;
   2. b)
      the information recorded will be seen by authorised personnel within your organisation and personnel within ConstructionSkills;
   3. c)
      the information stored is to be used in relation to Skillsfile functionality;
   4. d)
      the information recorded will also be accessed by personnel from ConstructionSkills for the purpose of data processing.
2. 31
   Should an individual whose details are recorded on Skillsfile request a copy of the information stored about them, you must provide it or put the individual in touch with us and we will provide it.
3. 32
   If you become aware of any errors or omissions or problems with the data contained within and/or Skillsfile itself these must be reported to us immediately.
4. 33
   You shall ensure your actions are at all times in accordance with the Data Protection Act 1998.

General

1. 34
   A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
2. 35
   The headings in these conditions are for convenience only and shall not affect their interpretation.
3. 36
   If any part of the conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the conditions will not be affected.
4. 37
   These terms and conditions shall be governed by and interpreted in accordance with English law and the English courts shall have non-exclusive jurisdiction to resolve any disputes between us.

Hard copies of User Portfolio

1. 38
   In the event that any User wishes to cease using Skillsfile for any reason, You undertake to provide the User with a hard copy of all information contained within that User's portfolio within [14 days].

Confidentiality

1. 39
   You shall not disclose to any third party nor use for any purpose other than the performance of Your obligations hereunder any confidential information relating to ConstructionSkills, Skillsfile or any User. For the purposes of this condition, confidential information means any information of a confidential nature, whether in writing or otherwise, including information relating to the business, affairs, practices, intellectual property rights, know-how, personnel, customers or suppliers of ConstructionSkills.