Terms and Conditions

BY USING THE SERVICES THE APPLICANT IS ACCEPTING AND WILL BE BOUND BY THESE CURRENT TERMS AND CONDITIONS WHICH MAY BE UPDATED BY E-SKILLS UK FROM TIME TO TIME

INTERPRETATION

• In these Terms and Conditions, the following words and phrases shall bear the following meanings: "Agreement" means this application form and these Terms and Conditions. “Applicant " is the organisation whose details appear on the front sheet and has been accredited as a provider of the clubs by accessing the Services. "CC4G" means Computer Clubs for Girls, a web based skills programme owned and operated by e-skills UK Sector Skills Council Limited (e-skills UK) and its licensors. “Commencement Date” means the date notified by e-skills UK to the Applicant for commencement of the Services. “Notification” means the confirmation of registration and facilitator username and password in writing provided by e-skills UK to the applicant. "Services" means the rights of the Applicant and/or its User(s) to access and use the Site in accordance with these Terms and Conditions. “Site” means the CC4G website operated by e-skills UK located at cc4g.net “Third Party Software” means third party software which is made available to the Applicant in connection with the Services, subject to the terms of a separate licence agreement between the proprietor and the Applicant. "User" is any pupil selected and authorised by the Applicant to use the Services, such person(s) being those contemplated by e-skills UK CC4G programme. The term “in writing” means any written communication including letter, fax and email.

 

DURATION AND TERMINATION

• Subject to the provisions relating to early termination in clause 2.2, the term of this Licence Agreement and therefore the right for the Applicant to run the CC4G Club and receive the Services shall continue for an initial period of 12 months from the Commencement Date. Thereafter the Licence Agreement shall continue for successive periods of 12 months from the anniversary or subsequent anniversaries of the Commencement Date and, subject to any earlier termination as provided for in clause 2.2, this Agreement shall continue unless and until terminated by e-skills UK or the Applicant by giving not less than thirty days’ written notice to the other party after the Initial period.
• e-skills UK may suspend or terminate access to the Services without notice if the Applicant and/or its User(s) commit(s) a breach or default of any term of this Agreement and the Applicant fails to remedy it promptly on receiving notice of it.
• The expiry or termination of the Services shall be without prejudice to the accrued rights and obligations of the parties.

 

PROVISION OF AND ACCESS TO THE SERVICES

• Subject to the terms of this Agreement and for the duration of this Agreement, e-skills UK shall provide the Applicant and its User(s) with the Services.
• The Applicant shall be responsible for appointing one or more persons as the facilitator of the club and shall provide such person’s details to e-skills UK for approval. The facilitator shall be responsible for the running of the club and shall be the Applicant’s point of contact with e-skills UK and Users. Where possible the facilitator should attend an e-skills UK induction event.
• The Applicant shall be responsible for the selection of appropriate Users to participate in the CC4G Club run by the Applicant and shall provide e-skills UK details of such Users, if requested. Applicant shall be entitled to substitute any individual User.
• e-skills UK shall allocate to the Applicant such passwords and other identifiers as it thinks fit to enable the Applicant to access the Site and may alter these from time to time upon reasonable notice being given to the Applicant.
• The Applicant shall ensure that it, in conjunction with its Users and e-skills UK, allocates to each User a unique identifier to allow the User to access the Site.
• Any password or identifier is issued for the authorised use of the Applicant or its User(s) only and is not transferable, and shall be kept strictly confidential. The Applicant agrees to:
  1. notify e-skills UK of any changes relating to its User(s) as soon as possible. e-skills UK shall not be liable for the inability of Users, who have not been notified to e-skills UK, to access the Services; and
  2. indemnify e-skills UK against any unauthorised use, in breach of these Terms and Conditions, of such password(s) including its use by a third party.
• e-skills UK reserves the right upon reasonable notice to alter the arrangements for access to the Services.
• The Applicant shall provide the parent or guardian of the selected User with a parental guidance form as agreed between the Applicant and e-skills UK and shall procure the parent or guardian’s signature of the consent section and will provide e-skills UK with the consent form for each User.
• The Applicant is responsible for ensuring that its User(s) whilst in the Club use the Site in accordance with these Terms and Conditions, and those appearing on the Site. The Applicant agrees to indemnify e-skills UK against any direct or indirect loss or damage arising from any third party claim in relation to the abuse of the terms appearing on the Site by its User(s).
• The Applicant and its Users (where appropriate) will be responsible for all Internet connection charges and utility charges or related costs.

 

SERVICES AND CLUBS

• The Applicant in connection with running the Club hereby agrees as follows:
  1. That it shall at all times comply with the Clubs Terms and Conditions as may be updated from time to time.
  2. That it shall procure only from e-skills UK copies of Third Party Software and Club materials as it may need to effectively run the Club.
  3. It will maintain adequate public liability and other relevant insurances.
  4. It shall provide or procure the use of suitable premises and a sufficient number of compatible PCs for all the Users.
  5. It shall provide to e-skills UK such reports at such frequency as may be reasonably requested by e-skills UK.

 

INTELLECTUAL PROPERTY RIGHTS AND LICENCE

• Save for the Third Party Software, all rights title and interest in all intellectual property relating to the design, text, graphics and other material on the Site or any CC4G materials provided to the Applicant by e-skills UK and the selection or arrangement thereof are vested in e-skills UK. All rights title and interest in the intellectual property rights relating to the name “Computer Clubs for Girls” or “CC4G” are registered trade marks vested in e-skills UK. The Applicant is hereby granted a limited nonexclusive license for the term of this agreement to use such rights solely for the purpose of procuring the Services from the Site in accordance with the terms of this Licence Agreement and running the CC4G Club.
• The Applicant shall have the right to allow access for up to a maximum of 40 Users on the Applicant's personal computers or utilising the User’s home computer at any one time, unless agreed otherwise with e-skills UK.
• Save where expressly permitted by this Agreement, the Site content may not be copied, distributed, transferred, sold, reproduced (whether by linking, framing or any other method), licensed, modified, publicised, transmitted, used to create derivative works, incorporated into another website or dealt with in whole or in part by the Applicant or its User(s) in any other way without e-skills UK’s express permission.
• e-skills UK shall deliver to the Applicant such Third Party Software as is necessary for the provision of the Services. All intellectual property rights in the Third Party Software vest with the third party or its licensor(s). The Applicant undertakes to enter into such Third party’s end-user licence as is requested, such licence to be granted on a non-exclusive and royalty-free basis. In addition the Applicant hereby agrees to the following in relation to the Third Party Software;
  1. The Applicant must place an order for such Third Party Software it requires with e-skills UK. e-skills UK, subject to availability, shall deliver a copy of such Third Party Software by means of a CD Rom or web-based download.
  2. The Applicant shall download the Third Party Software onto a central server for use by the Applicant and its Users purely in connection with the running of the Clubs and shall not allow any other copies to be made (other than one back-up copy) or distributed to any person or allow any other person to use the Third Party Software for any other purpose.
  3. The Applicant must only allow the Third Party Software to be used in conjunction with the PC’s located at the Applicant’s premises and must not allow a copy to be taken by Users for downloading onto their home PC.

 

LIMITATION AND EXCLUSION OF LIABILITY

• Whilst e-skills UK endeavours to ensure the proper performance of the Services, neither e-skills UK nor its agents or its licensors make any representation or give any warranty, either express or implied, as to the supply of Services. All liability of e-skills UK howsoever arising for such matters is hereby excluded to the fullest extent permitted by law. The availability of the Site may be adversely affected by the Applicant's or its Users computer’s performance and other operational factors beyond e-skills UK or e-skills UK third party provider’s control. It is contemplated that the Services may be interrupted, that they are not error free, and that the content, performance, message and data transmission, response and refresh times and access to and interaction with the Site cannot be guaranteed at all times.
• Neither e-skills UK nor its agents nor its licensors shall have any liability whatsoever to the Applicant or its User(s) or any third party, for any direct, indirect or consequential loss or damage cost or expense suffered or incurred, whether arising in tort, contract or otherwise, and whether arising from the negligence of e-skills UK or its employees or agents or licensors and whether asserted against e-skills UK or against the Applicant or its User(s) arising out of the use or supply of the Services.
• Notwithstanding the foregoing, none of the exclusions and limitations in this clause is intended to limit any liability for death or personal injury resulting from e-skills UK negligence, or for fraud by e-skills UK.
• The Applicant shall indemnify e-skills UK against all costs claims demands or expenses incurred by or made against e-skills UK as a result of any breach by the Applicant and/or its User(s) whilst in the Applicant’s control of these Terms and Conditions.
• Whilst all necessary steps will be taken as soon as is reasonably practicable to maintain the continuity of the Services, e-skills UK accepts no liability for suspension, interruption, temporary unavailability or fault occurring in the Services, however so caused.

 

ASSIGNMENT

• The Applicant may not assign the benefit or burden of this Agreement or any part thereof without the written permission of e-skills UK.
• e-skills UK may assign the benefit or burden of this Agreement or any part thereof to SEEDA or any third party without the written permission of the Applicant.

 

GENERAL

• e-skills UK shall be under no liability for any failure, delay or omission on its part if the same arises from any cause beyond e-skills UK’s reasonable control including (but not limited to) Acts of God, acts or regulations of government or other authorities, war, fire, strikes or other industrial disputes, power failure, failure of telecommunication lines connections or equipment or failure or defects in any hardware or software or Third Party Software.
• Any notice to be given to either party by the other shall be in writing and delivered by hand or pre-paid post to the parties at the addresses notified by the parties to each other for this purpose.
• These Terms and Conditions shall be construed in accordance with the Laws of England and shall be subject to the non-exclusive jurisdiction of the English courts.
• This Agreement shall form the entire agreement between the parties and supersede all prior Terms and Conditions, arrangements or understandings about their subject matter, unless otherwise agreed in writing by the parties.
• e-skills UK may vary or amend the above Terms and Conditions by giving the Applicant written notice thereof at any time.