General Terms and Conditions
1.1. Apprentice means the apprentices being recruited for or employed by the Customer.
1.2. Apprenticeship Programme means a programme whereby GK Apprenticeships Ltd is managing and supporting the attainment of apprenticeship qualifications by employees of the Customer.
1.3. Customer means the employer for whom GK Apprenticeships Ltd are providing the services
1.4. Services means any consulting, development, training, management, apprentice assessment, and any other work provided by GK Apprenticeships Ltd in connection with meeting GK Apprenticeships Ltd responsibilities under these terms & conditions and corresponding Apprenticeship agreement.
1.5. Quotation Proposal means the signed proposal which will be issued by GK Apprenticeships Ltd in advance of any work commencing. This work is then agreed between the parties setting out the services to be provided by GK Apprenticeships, the amounts to be paid by the customer for the services and the dates over which the services will be delivered. The nature of Apprenticeship provision means that some of these services may not be entirely specified at the outset, however it will be reviewed and agreed within the Training & Development Workshop before commencement of Apprenticeship enrolment.
The agreement between GK Apprenticeships Ltd (GKA), and Customer shall comprise:
1. the Quotation proposal signed by authorised representative of the Customer
2. these Terms and Conditions.
The Agreement constitutes an understanding between the parties relating to the Services requested and the other matters referred to in that Agreement.
3.1. Customer engages GK Apprenticeships Ltd to perform services as specifically agreed and described in each Quotation Proposal. Upon signature of a Quotation Proposal, GK Apprenticeships Ltd accepts the engagement, and agrees to perform the Services upon the terms and conditions set forth and in the applicable Quotation Proposal(s).
3.2. GK Apprenticeships Ltd represents and warrants as follows:
3.2.1 That its employees, agents and/or subcontractors shall at all times during the performance the Services shall adhere to the standards, ethical practices, and standards of care and competence commensurate with industry-wide standards.
3.2.2 That all Services provided shall be performed in a professional, competent and workmanlike manner and any warranties of additional scope given by GK Apprenticeships Ltd to Customer shall apply.
3.2.3 That all Services covered by this Agreement will conform with the applicable Quotation Proposal.
3.3. Each Quotation Proposal shall specify the Services to be provided by GK Apprenticeships Ltd, the funding band and acceptance criteria for such Services.
3.4. Additional Services provided will follow the acceptance of the Quotation Proposal, on boarding support, Programme Manager and Development Coach assignment, and details of the training schedule will follow.
4. Term and Termination
4.1. The services supplied under this agreement will continue to be supplied unless this agreement is terminated by either party giving notice in writing.
4.2. Where an apprenticeship programme has been contracted between the parties, the term will continue until the Apprenticeship completion date.
4.3. Once an apprentice is withdrawn; as per apprenticeship ruling, funding will cease.
5. Charges and Payment
The below specified criteria will be applicable to any costs associated with the following:
Apprenticeship Recruitment Fees (if applicable)
Cancellation of training attendance as outlined in Section 7
Examination Resits (These are connected to the professional certifications incorporated, if the learner has failed or not attended)
With reference to Incorporated training and examination resit costs, these are specific to each individual programme offering and apprenticeship delivery. These costs are only ascertained once the Training & Development workshop and training schedule has been published.
5.1. GKA will invoice for charges in accordance with the Quotation Proposal.
5.2. All prices quoted are exclusive of VAT. GK Apprenticeships Ltd will invoice the Customer for the fees agreed in the Quotation Proposal together with VAT as required by current legislation.
5.3. Unless otherwise specified in the Quotation Proposal all invoices will be payable 30 days after issue by GK Apprenticeships.
5.4. Without prejudice to any other rights, GK Apprenticeships Ltd shall be entitled to charge interest on any overdue payments at the statutory rate.
6.1. Where GK Apprenticeships Ltd arranges for Apprentices to attend specified incorporated training as part of their apprenticeship delivery and/or examination days with invigilation. It is the Customer’s responsibility to ensure that the Apprentice attends at the required date and time. If the Apprentice fails to attend or cancels their attendance then the following charges will apply:
Notice provided Cancellation fees:
1 calendar month prior to commencement: 0% of original fees
Under 1 calendar month: 100% of original fees
No Show 100% of original fees
6.2. Note that separate cancellation fees apply and will be detailed in the Quotation Proposal or covering correspondence for specialist activities. (This relates to any added value content request by the client that is not Apprenticeship Funded)
Any pre-planned training dates given to the client will be charged unless written confirmation is provided to GK Apprenticeships Ltd by the Customer of cancellation in accordance with the Notice Period advised.
As per Section 5 the specific prices will only be ascertained once the Training & Development Workshop has been processed.
6.3 In the event of cancellation charges being applicable, the Client must provide a valid Purchase Order to the Supplier with 5 working days of the cancellation amount being agreed.
7. Recruitment Services
7.1. Where GK Apprenticeships Ltd is contracted to provide recruitment services recruitment fees will be charged per offer made.
7.2. Where a learner leaves or is dismissed within 30 days, a replacement will be recruited at no extra cost. In cases where a learner leaves or is dismissed within 31-60 days a replacement will be recruited at 50% of the original recruitment cost per head.
7.3. Where GKA delivers the agreed recruitment service, in full or in part, and the client subsequently varies their requirement or fails to carry out their obligations in contracting the learners in a timely manner, the agreed recruitment fees will be payable in proportion to the volume of work completed by GK Apprenticeships Ltd at the date of variation up to a maximum of the contracted fee.
7.4. Where GK Apprenticeships Ltd provide a candidate to a client from the existing Candidate Talent pool no charge for recruitment fees will be made. This is on the condition that the learner is enrolled on an apprenticeship programme delivered by GK Apprenticeships
7.4.1. Where a learner leaves the programme, or employment, with the client, then a retrospective recruitment charge will be made as follows.
- Learner leaves within 3 months of starting apprenticeship programme (not employment) - £775 + vat
- Learner leaves within 6 months of starting apprenticeship programme (not employment) - £500 + vat
- Learner leaves within 9 months of starting apprenticeship programme (not employment) - £300 + vat
- Learner leaves after 9 months of starting apprenticeship programme (not employment) – no charge
8. Government Funding
Where the Services include the provision of an Apprenticeship Programme that benefits from funding by the ESFA or other similar body, the parties both agree to act in accordance with the funding rules published by the relevant body and to comply with any obligations to permit and co-operate with any audit by such body.
9. Intellectual Property Rights
9.1. Trade marks In order to preserve the value of the parties respective name and/or any trademarks, service marks, or trade names (collectively, “Marks”), neither Party shall make any use of any of the other’s Marks for any reason, including but not limited to, advertising, press releases, or other publicity, except upon the written authorization of the releasing party in each instance.
9.2. Background IPR GK Apprenticeships Ltd and its licensors retain all right, title and interest in all Background IPR. Customer shall not acquire any rights to the background IPR or to any materials in which the background IPR subsists and which the company may provide in the performance of the services.
9.3. GK Apprenticeships Ltd hereby grants to the Customer a nonexclusive, worldwide, paid-up, royalty-free (unless otherwise set forth in the applicable Quotation Proposal), irrevocable and perpetual license and right to use, Background IPR only in connection with the business operations of Customer and to the extent necessary for the Customer to receive the services.
10. Indemnity and Liability
GK Apprenticeships Ltd will indemnify the Customer against direct injury, death and any direct damage to property caused by defects in any GK Apprenticeships Ltd products or by the negligence of its employees.
GK Apprenticeships Ltd will not be liable for any loss of profit or other indirect loss arising as a result of this agreement and GK Apprenticeships Ltd total liability in connection with, or breach of this agreement shall be limited to the greater of the total fees paid under by the Customer under this agreement or £100,000.
11.1. For purposes of this Agreement, the term "Information" shall mean any information that either party may receive from other, pursuant to this Agreement where such information (a) if received in written form, is marked “Confidential” and (b) if not received in written form, is declared by the issuing party in writing to be confidential within thirty (30) days after disclosure.
11.2. Parties shall maintain the Information in confidence with the same degree of care that they hold their own confidential information. The parties will not use the Information except in relation to the performance of the Services. Parties will disclose the Information only to their officers and employees directly concerned with the Services and the contract, and will not disclose the Information to any third party or use the Information for any other purpose.
11.3. The Parties obligation of nondisclosure and the limitations upon the right to use the Information shall not apply to the extent that the receiving party can demonstrate that the Information: (a) was in their possession prior to the time of disclosure; or (b) is or becomes public knowledge through no fault or omission of receiving party; or (c) is obtained independently from a third party under no obligation of confidentiality to Client.
11.4. All Information will be returned to the disclosing party upon termination of this contract for any reason, except for one copy, which receiving party may use for the sole purpose of determining its continuing confidentiality obligation to Customer under this Agreement.
11.5. All obligations of Provider under this Section shall survive the termination of this Agreement for a period of five (5) years.
12. Data Protection and Data Processing
12.1. GK Apprenticeships Ltd shall be the Data Controller of all Personnel Data obtained by it from each Apprentice or the Customer, as employer for the purpose of the agreed services. These services may include sharing data with third parties which is pertinent to the delivery and funding of an apprenticeship programme.
12.2. Each Party shall process Personal Data only in accordance with the DPA 2018 and the GDPR and where necessary on the other Party’s instructions from time to time and shall not process the Personal Data for any purposes other than those expressly authorised.
12.3. Each Party shall take reasonable steps to ensure the reliability of all its employees who have access to the Personal Data.
12.4. Each Party warrants to the other that it will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments.
12.5. Each Party warrants that, having regard to the state of technological development and the cost of implementing any measures, it will:
take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to:
a) the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and
b) the nature of the data to be protected including, but not limited to, the security measures specified or referred to within this Agreement;
take reasonable steps to ensure compliance with those measures.
13. General Provisions
13.1. Force Majeure Neither party shall be deemed in default of this Agreement to the extent that performance of the party’s respective obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, act of government, or any other cause beyond the reasonable control of such party, provided that such party gives the other party written notice of the condition within ten (10) business days of discovery . If proper notice is given, the time for performances or cure shall be extended for a period equal to the duration of the force majeure event or circumstances described in the notice.
13.2. Non-Solicitation The parties acknowledge that the parties are involved in a highly strategic and competitive business. The parties further acknowledge that a party would gain substantial benefit and that the other party would be deprived of such benefit, if a party were to directly hire any personnel employed by the other party. Without the prior written consent of the other party, neither party shall solicit, employ or otherwise retain the services of any personnel employed by or contracted by the other party during the term of this Agreement and for a period of one year following the termination or expiration of this Agreement.
13.3. Severability If any part of this Agreement is declared invalid or unenforceable, the remaining provisions shall continue in effect and be enforceable to the extent permitted by law.
13.4. Waiver Any waiver of any right or default shall be effective only in the instance given and shall not operate as or imply a waiver of any similar right or default on any other occasion.
13.5. Survival The provisions of this Agreement which by their sense and context are reasonably intended to survive the completion, expiration or termination of this Agreement shall so survive.
13.6. Counterparts This Agreement shall be effective either when signed directly or in counterpart by the duly authorized representatives of Customer and Global.
13.7. Headings The headings in this Agreement are for identification only.
13.8. Governing Law This agreement is governed by English law and the forum for settling any disputes under this Agreement shall be the English courts.
Any required notices shall be made in writing and should be sent to the addresses below:
GK Apprenticeships Ltd,
Mulberry Business Park,
In the event of a concern, complaint or an issue, the Employer should send an email to info@GKApprenticeships.com
at which point the complaint or issue will be assigned to a suitable member of the Company’s team. Read our full Compliments and Complaints policy.