Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
By using the sites, you signify your assent to this agreement.
Restrictions on use of materials:
No materials from the Sites may be copied, reproduced, republished, uploaded, posted, re-deliver using framing technology, transmitted or distributed in any way without Future Career UK’s written permission; provided however, that users may download one copy of the materials on any single computer and print a copy of the materials for use in learning about, evaluating or acquiring Future Career Ltd services or products. No other permission is granted. No permission is granted to use the Sites’ icons, addresses or other means to hyperlink other web sites with any page in the Sites.
The content of the Sites, including all text and graphic images, is copyrighted by Future Career Ltd, its affiliates and/or the original copyright holder. The trademarks, logos and service marks displayed on the Sites are registered or unregistered trademarks of Future Careers UK, its affiliates or others. Nothing contained on the Sites shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark or copyrightable material displayed without the written permission of Future Careers UK or such other third party that may own the trademark or copyrightable material. You may not, without written permission, use any such marks or the “Future Careers” name, including in any manner that disparages or discredits “Future Careers.”
DISCLAIMER / LIMITATION OF LIABILITY
While The Education and Careers Corporation uses reasonable efforts to include accurate and up to date information on the Sites, Future Careers UK makes no warranties or representations as to its accuracy. Future Careers UK assumes no liability or responsibility for any errors or omissions in the content of the Sites.
The materials on, or accessible from, the sites are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Future Careers UK disclaims all warranties express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. The education and careers corporation does not warrant that the functions contained in the sites will be uninterrupted or error-free, that defects will be corrected, or that the sites or the servers that make the sites available are free of viruses or other harmful components. Future Careers UK does not warrant or make any representations regarding the use, or the results of the use, of the materials on, or accessed through, the sites in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
By using the Sites, you agree to indemnify, hold harmless and defend Future Careers UK from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Sites in violation of this Agreement.
CHANGES TO WEB SITE INCLUDING LEGAL TERMS AND CONDITIONS
Future Careers UK reserves the right to alter or delete material from the Sites at any time and may, at any time and in its sole discretion, revise the terms of this Agreement by updating this posting. Users are bound by any such revision and should therefore periodically visit this page to review the then current terms of this Agreement.
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the United Kingdom, without regard to its conflicts of law principles. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between Future Careers UK and users of the Sites relating to the subject matter contained herein. No delay or failure by Future Careers UK to take action under this Agreement will constitute a waiver of any of the provisions contained herein, or rights provided hereby, unless expressly waived in writing by Future Careers UK. No single waiver will constitute a continuing or subsequent waiver.
These terms and conditions will govern the relationship between:
(1) Future Careers UK (“FutureCareers”) and
(2) Any person to whom FutureCareers provides the Services (as defined below) (“the Client”)
The Client wishes to engage FutureCareers to provide the Services and the parties have agreed to enter into this agreement to regulate the arrangement
The following terms shall have the following meanings:
2.1 ‘Commencement Date’: the date upon which FutureCareers issues an invoice for services or sends a confirmation of programme enrolment to the Client, whichever is earlier.
2.2 ‘Confidential Information’: information relating to the Client’s personal details including but not limited to the Client’s name, address, age, date of birth, employment history, past and present employers’ names and addresses, and all other information passed by the Client to FutureCareers and which is reasonably interpreted not to be passed onto or disseminated in any way or form to third parties and which is reasonably requested by FutureCareers in order to enable it better to provide the Services.
2.3 ‘Consultant’: Future Careers employee or associate providing the Services to the Client.
2.4 ‘Material Information’: all materials the property of which belongs to FutureCareers and also materials which are on licence to FutureCareers from third parties which are accessed by the Client through the password protected area on FutureCareers’s web-site, as printed materials or otherwise.
2.5 ‘Password’: the confidential code(s) provided to the Client enabling the Client access to the Material Information though FutureCareers’s web-site.
2.6 ‘Notice’: notice complying with the terms of clause 12.7
2.7 ‘Payments’: Sums due to FutureCareers as a result of the Client entering into this agreement for the provision of the Services.
2.8 ‘Services’: the services FutureCareers will provide to the Client or the Recipient of Services as specified in clause 4.1.
2.9 ‘Term’: from the Commencement Date until the Termination Date.
2.10 ‘Termination Date’: the date on which this agreement terminates and the contractual obligations of both parties expire.
3 Appointment: the Client appoints FutureCareers to provide the Services for the Term in return for payment.
4 FutureCareers’s obligations
4.1 Services to be provided by FutureCareers: FutureCareers will provide career guidance and development services as detailed in FutureCareers’s invoice to the Client together with any other services agreed between FutureCareers and the Client and confirmed by FutureCareers in writing to the Client.
4.2 Secrecy: FutureCareers will use all reasonable endeavours to prevent the disclosure of any Confidential Information other than to persons who are employed or engaged by FutureCareers or who have been authorised by the Client to receive such Confidential Information.
4.3 Delegation: FutureCareers reserves the right to delegate its rights and obligations under this Agreement to third parties in order to provide the Services to the Client.
4.4 Standard: FutureCareers agrees to provide Services to the Client subject to the terms of clause 9 with reasonable skill and care.
5 The Client’s obligations: In consideration of the provision of the Services the Client agrees:
5.1 to make the Payments promptly without deduction or setoff.
5.2 to co-operate with FutureCareers by providing Confidential Information to FutureCareers.
5.3 to follow the reasonable instructions of FutureCareers
5.4 to utilise the Material Information in a proper manner and except with the written permission of FutureCareers not to disclose, copy, divulge, reproduce, publish or in any way disseminate any Material Information to any third party or into the public domain for the purpose of pecuniary gain or otherwise.
5.5 to keep any Passwords confidential
6.1 The Client may terminate this agreement at any time by providing 28 days’ Notice in accordance with Clause 12.7 below and shall then be liable to pay to FutureCareers all outstanding Payments immediately.
6.2 FutureCareers may terminate this agreement on 7 days’ Notice if the Client shall fail to provide FutureCareers any Confidential Information reasonably requested by it to enable it to supply the Services.
6.3 In the event of termination by FutureCareers with reasonable cause or by the Client without reasonable cause, there shall be no refund of fees already paid to FutureCareers and there shall be no remission of fees that are yet to fall due under an instalment payment plan.
6.4 In the event of termination by FutureCareers without reasonable clause or by the Client with reasonable cause, the Client shall be entitled to the return of any fees paid less payment for services already rendered, calculated either at FutureCareers’s hourly rate of £25 per hour. The administration charge shall not be payable if FutureCareers terminates without reasonable cause. It is recognised and agreed that the Client is expected to commit their time and effort to ensure the success of the programme and FutureCareers shall not be penalised by the return or remission of fees in the event of the Client’s failure to do so.
7.1 Individual clients: The full fee is payable prior to the first session, unless otherwise agreed.
7.2 Corporate or Institutional Clients: Payment terms are strictly 14 days net from date of invoice.
7.3 Payment by Instalments: Where payment by instalments is agreed a surcharge will be added to the total fee. Failure to make an instalment payment on time will result in the total outstanding balance falling immediately due.
7.4 Suspension of Programme: In the event that the Client requests a suspension of their programme, (see 12.20.2) instalment payments shall nevertheless continue according to the originally agreed schedule.
8.1 FutureCareers shall not charge VAT on its services
9 Liability of FutureCareers
9.1 FutureCareers shall not be held liable for the failure of the Client or in obtaining any position, occupation, promotion or any other career objective.
9.3 The maximum liability of FutureCareers shall be no greater than the amount paid to FutureCareers by the Client. FutureCareers shall not be liable for any indirect or consequential loss.
9.4 FutureCareers shall not be liable for any warranty or representation not expressly provided in this agreement.
10 Termination for breach
10.1 The following obligations are conditions of this agreement and any breach of them shall be deemed a fundamental breach which shall determine this agreement immediately.
10.2 Failure on the part of the Client to make punctual payment of all sums due to FutureCareers under the terms of this agreement.
10.3 The levying of any distress or execution against the Client or the making by him of any composition or arrangement with creditors.
10.4 The doing or permitting of any act by which FutureCareers’s rights in the Material Information may be prejudiced or put in jeopardy or by which the terms of any licence under which any of the Material Information is held by FutureCareers may be infringed by the Client.
12.1 Interest All sums due from the Client to FutureCareers which are not paid on the due date (without prejudice to the rights of FutureCareers under this agreement) shall bear interest from day to day at the annual rate of 4% over the annual base lending rate of Natwest plc with a minimum of 7% per year.
12.2 Receipt: The receipt of money by FutureCareers shall not prevent FutureCareers from questioning the correctness of any statement in respect of such money.
12.3 Severance: If any provision of this agreement is declared by any judicial or other competent authority to be void voidable illegal or otherwise unenforceable or indications to that effect are received by FutureCareers from any competent authority. FutureCareers shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or at the discretion of FutureCareers it may be severed from this agreement
12.4 Whole agreement: Each party acknowledges that this agreement and any letter of engagement together with any other written amendment to or extension of the letter of engagement contain between them the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees or agents.
12.5 Supersedes prior agreements: This agreement supersedes any prior agreement between the parties whether written or oral and any such prior agreements are cancelled as at the Commencement Date but without prejudice to any rights which have already accrued to either of the parties.
12.6 Change of address: Each of the parties shall give notice to the other of the change or acquisition of any address or telephone or similar number at the earliest possible opportunity but in any event within 48 hours of such change or acquisition.
12.7 Notices: Any notice to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post to the address of the relevant party shown at the head of this agreement or by electronic mail and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by electronic mail to the correct electronic mail address of the addressee.
12.8 Headings: Headings contained in this agreement are for reference purposes only and should not be incorporated into this agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
12.9 Non assignment by the Client: Neither this agreement nor any rights under it may be assigned or transferred by the Client.
12.10 Proper law and jurisdiction
12.10.1 This agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.
12.10.2 Any proceedings arising out of or in connection with this agreement may be brought in any court of competent jurisdiction in England.
12.10.3 The submission by the parties to such jurisdiction shall not limit the right of FutureCareers to commence any proceedings arising out of this agreement in any other jurisdiction it may consider appropriate.
12.10.4 Any notice of proceedings or other notices in connection with or which would give effect to any such proceedings may without prejudice to any other method of service be served on any party in accordance with clause 12.7.
12.10.5 In the event that the Client is resident outside England its address for service in England shall be the address for such service nominated and any time limits in any proceedings shall not be extended by virtue only of the foreign residence of the Client.
12.10.6 Rights cumulative: All rights granted to either of the parties shall be cumulative and no exercise by either of the parties of any right under this agreement shall restrict or prejudice the exercise of any other right granted by this agreement or otherwise available to it.
12.10.7 Waiver: The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
12.10.8 Third Party Rights: The parties intend that no term of this agreement may be enforced by any third party representatives.
Third Party pursuant to the Contract (Rights of Third Parties) Act 1999.
12.19 Cancellation of Appointments: Clients cancelling appointments at 48 hours’ notice or less will incur a charge based on the length of the appointment and FutureCareers’s hourly rate of £25.00.
- All Applicants must undergo an advisory session with a qualified Advisor via Skype.
- Applicants must provide all requested documents within 7 working days of accepting this Terms and Conditions.
- Applicants must pay the appropriate administration fee as requested by their local office to cover admission processes for 3 institutions and Visa and Immigration assistance.
- Applicants will be required to pay an additional £50 administration fee for each added institution (maximum.5).
- Future Careers administration fee will be fully refunded if the applicant does not receive an offer from at least one institution in a preferred destination country.
- If a Direct Applicant, administration fee must be paid directly to FutureCareers UK.
- Applicants applying through local centres pay admin fee directly to the centre and will be issued with a receipt. However, this does not include tuition fee payments.
- Tuition fee payments must be paid directly to the institution as directed on the offer letter.
- Any late payments may result in your application being withdrawn. Should payment be late, FutureCareers will not be able to guarantee the institutions recommended, as a place may no longer be available. In this case, administration fee will not be refunded.
- Institutions may charge an external processing fee, which is non-refundable.
- FutureCareers does not guarantee scholarships from Colleges/Universities. Our scholarship application support is offered to applicants only should they meet the academic requirements.
- Recommendations in relation to institutions and courses made by FutureCareers advisors may change; however, recommended countries will remain the same.
- Applicant’s application will be terminated if you provide false information or forged documents. The administration fee will not be refunded should this action be taken.