Corporate Public Sector Terms and Conditions
Public Sector Clients (Local Authorities, Probation Services, Government Bodies)
These Terms and Conditions apply to the provision of training, education, consultancy and related services by The Curlita Academy (“the Provider”) to public sector organisations (“the Authority”).
These Terms shall apply unless superseded by a written contract signed by both parties.
1. Definitions
Provider
The Curlita Academy.
Authority
Any public sector organisation including but not limited to local authorities, probation services, government departments, public sector agencies or publicly funded organisations purchasing services from the Provider.
Services
Training programmes, education courses, consultancy, workshops, mentoring, qualifications, assessments, or related services.
Learners
Individuals nominated by the Authority to receive training.
Portal
Any digital learning environment used by the Provider.
2. Contract Formation
A binding contract shall be formed when:
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the Authority signs a written agreement or proposal issued by the Provider;
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the Authority issues a purchase order accepted by the Provider; or
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the Authority confirms acceptance of services in writing.
These Terms shall apply to the Contract unless expressly varied in writing and signed by authorised representatives of both parties.
3. Scope of Services
The Provider agrees to deliver the Services as outlined in the proposal, service specification or statement of work agreed between the parties.
The Authority acknowledges that the Provider may make reasonable adjustments to course delivery where necessary to maintain:
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compliance with awarding body requirements
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regulatory obligations
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safeguarding standards
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quality of educational delivery.
4. Fees and Payment
Unless otherwise agreed in writing, payment shall be made as follows:
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50% of the contract value payable upon commencement of the programme
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25% payable at the midpoint of programme delivery
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25% payable upon completion of the programme
Invoices are payable within 14 days of the invoice date unless otherwise specified in the Contract.
All fees are exclusive of VAT unless otherwise stated.
5. Late Payment
If any invoice remains unpaid beyond the agreed payment terms, the Provider reserves the right to:
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suspend delivery of services
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suspend scheduled training sessions
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suspend tutor support
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suspend access to digital learning portals
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withhold certification or completion records.
Services will not resume until outstanding payments have been received in full.
The Provider reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 together with reasonable recovery costs.
6. Suspension of Learner Access
Where payment obligations are not met, the Provider may suspend:
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learner access to digital learning platforms
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submission of assignments
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tutor support
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assessment and certification processes.
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The Authority acknowledges that suspension may result in delays to learner completion timelines.
The Provider shall not be liable for delays resulting from the Authority's failure to meet payment obligations.
7. Authority Delays and Programme Disruption
Where delivery of the Services is delayed due to actions or omissions by the Authority including but not limited to:
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delayed payments
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failure to confirm training dates
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failure to provide learners
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cancellation or rescheduling of sessions
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failure to provide suitable training facilities
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administrative delays
the Provider reserves the right to:
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revise the programme schedule
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charge additional delivery days
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charge additional administrative or trainer costs.
Any additional delivery dates required to complete the Services shall be chargeable at the Provider’s standard day rate.
8. Learner Attendance and Participation
The Authority is responsible for ensuring that learners:
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attend scheduled sessions
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engage with course materials
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comply with behavioural and professional standards
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complete coursework where required.
The Provider shall not be responsible for learner failure to complete training due to lack of engagement or attendance.
9. Learner Conduct
The Provider reserves the right to remove or suspend any learner whose behaviour:
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disrupts the learning environment
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presents a risk to other participants
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breaches safeguarding standards
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breaches health and safety requirements.
Removal of a learner under this clause shall not entitle the Authority to any refund.
10. Safeguarding
Where learners include vulnerable adults, young people or individuals subject to safeguarding requirements, the Authority shall remain responsible for safeguarding oversight unless otherwise agreed in writing.
The Authority confirms that appropriate safeguarding policies and risk assessments are in place.
The Provider reserves the right to escalate safeguarding concerns where necessary.
11. Compliance with Awarding Bodies
Where programmes lead to recognised qualifications, delivery will comply with requirements set by relevant awarding bodies including but not limited to:
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CPD Accreditation
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Focus Awards
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Ofqual regulated frameworks.
Learners must meet awarding body requirements in order to obtain certification.
12. Certification
Certification or completion records will only be issued where:
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learners have successfully completed course requirements
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awarding body standards have been met
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all fees under the Contract have been paid in full.
13. Intellectual Property
All training materials, manuals, frameworks, teaching methodologies, course structures and digital resources remain the intellectual property of the Provider.
The Authority and learners may not:
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reproduce materials
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distribute materials
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adapt materials
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deliver training using the Provider’s materials.
Any unauthorised use may result in legal action.
14. Confidentiality
Both parties agree to maintain confidentiality in relation to:
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proprietary training methodologies
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pricing structures
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commercial information
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intellectual property.
15. Data Protection
Both parties shall comply with all applicable data protection legislation including:
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UK GDPR
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Data Protection Act 2018.
The Authority confirms that it has lawful authority to share learner data with the Provider for the purpose of delivering training services.
16. Insurance
The Provider shall maintain appropriate professional and public liability insurance.
The Authority shall remain responsible for ensuring that learners are suitable and authorised to participate in the Services.
17. Indemnity
The Authority agrees to indemnify the Provider against any loss, damage or claims arising from:
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inaccurate information provided by the Authority
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misconduct of learners
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failure by the Authority to comply with safeguarding or regulatory obligations.
18. Limitation of Liability
The Provider’s total liability under this Contract shall not exceed the total contract value.
The Provider shall not be liable for:
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loss of profit
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loss of business opportunity
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indirect or consequential loss.
Nothing in this clause excludes liability for death or personal injury caused by negligence.
19. Force Majeure
Neither party shall be liable for failure to perform obligations due to events beyond their reasonable control including but not limited to:
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natural disasters
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government restrictions
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public health emergencies
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transport disruption.
20. Termination
Either party may terminate the Contract by written notice where the other party:
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commits a material breach of the agreement
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becomes insolvent
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fails to remedy a breach within 14 days of written notice.