Training terms and conditions

1. Definitions and Interpretation

1.1. In these Terms and Conditions, the following words will have the following meanings:

Agreement: means these Terms and Conditions, together with any documents expressly incorporated by reference (including the Delegate Booking Information, the Delegate Booking Form, any Confirmation, and the Privacy Notice), as may be updated or amended from time to time in accordance with these Terms and Conditions.

Booking: means a Delegate booking for a Jisc Training Course.

Confirmation: means our email acknowledgement confirming acceptance of a Booking, as referred to in clause 3.2.

Data Protection Legislation: means (a) any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction which relates to the protection of individuals with regards to the Processing of Personal Data to which a Party is subject for the purposes of this Agreement, including the Data Protection Act 2018 and the General Data Protection Regulation 2016/679 (EU GDPR) as each is amended in accordance with the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (as amended by SI 2020 no. 1586) and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, as amended to be referred to as DPA 2018 and the UK GDPR respectively; and (b) any code of practice or guidance published by the ICO or European Data Protection Board from time to time;

The terms 'Personal Data', 'Processing', 'Data Controller' have the meanings given to them in the Data Protection Legislation.

Data Protection Act: means the Data Protection Act 2018 as from time to time amended, modified, extended, re-enacted, consolidated, or replaced (whether in whole or in part).

Delegate: means any person attending a Jisc Training Course as a delegate.

Delegate Booking Form: means our prescribed online booking form for the Jisc Training Course that is to be completed and submitted by those wishing to attend the Jisc Training Course.

Delegate Booking Information: means the Delegate booking information applicable to the Jisc Training Course issued by Us from time to time via the Website or via email.

Group: in relation to a Party, the Party, its subsidiaries, its holding companies and subsidiaries of such holding companies where subsidiary and holding company have the meanings ascribed in section 1159 of the Companies Act 2006.

Intellectual Property Rights: means all intellectual property rights of whatever nature, whether registered or unregistered (and including any application for registration), including copyright and related rights, database rights, patents, trade marks, service marks, trade names, design rights, rights in get-up, rights in goodwill, rights in confidential information, moral rights, and all other similar or equivalent rights subsisting now or in the future, in each case for their full term and together with any renewals or extensions.

Party: means us or you, and 'Parties' means both of them together

Privacy Notice: our privacy notice

Jisc Training Course: means the network and technology training course or courses organised by Us to which these Terms and Conditions are stated to apply.

Jisc Training Course Administrator: means the administrator for the Jisc Training Course whose details are set out in the Delegate Booking Information.

Terms and Conditions: means these terms and conditions.

Training Course Administrator: means the administrator for the Training Course whose details are set out in the Delegate Booking Information.

Venue: means any facilities or locations of any nature relating to the Jisc Training Course (including any accommodation provided as part of the Booking).

We: means Jisc (Company Number 05747339), a company limited by guarantee whose registered office is at 4 Portwall Lane, Bristol, BS1 6NB.  'Us' and 'our' shall be read accordingly.

Website: means our website

You: means the Delegate (and the Delegate’s organisation where applicable) or anybody who in Our reasonable opinion is acting with the Delegate’s authority or permission, or as the Delegate’s representative. “Your” shall be read accordingly.

2. Terms and Conditions

2.1. All Bookings are accepted subject to availability and these Terms and Conditions. These Terms and Conditions should be read carefully prior to making a Booking and any queries relating to them should be raised with Us prior to making a Booking, as making the Booking constitutes acceptance by You of these Terms and Conditions.

2.2. If you have any queries relating to these Terms and Conditions please contact the Jisc Training Course Administrator.

3. Online Booking

3.1. Bookings will only be accepted if You use the online Delegate Booking Form provided. You are responsible for the accuracy and completeness of all information which You provide to Us.

3.2. Your Booking will not be confirmed until it has been acknowledged by Us. We will use reasonable endeavours to send You a Confirmation of Your Booking by email within 5 working days.

3.3. We will make reasonable efforts to meet dietary and access requests where notified in advance.

3.4 Where a Training Course is to be delivered online (for example as a webinar), the tailored event page or the event communication shared by Jisc will specify the time(s) at which the Training Course will be accessible to Delegates who have registered for the Training Course.

3.5 It is the responsibility of the Delegate to ensure that:

(a) the Delegates equipment and systems are suitable for accessing the online Training Course in accordance with the specifications on the tailored event page or the description on our website; and

(b) to promptly give written notification to Jisc using the email address specified in the event page or event communication shared by Jisc if Delegates experience any technical issues in accessing the online Training Course; and

(c) where a registration form is submitted by someone other than the Delegate(s) or on behalf of one of the Delegates, that individual must ensure that Jisc’s Privacy Policy is made available to the Delegate either immediately following the submission of a registration form to Jisc and in any event prior to the Training Course; and

(d) they attend the Training Course using individual devices, rather than participating as a group using a shared device. Delegates must not share their screen with anyone either electronically or in person, other than the authorised staff during the Training Course, unless expressly permitted by Jisc in writing prior to the Training Course; and

(e) If a Delegate opts to print a hard copy of materials supplied by Jisc in relation to the Training Course, the Delegate must ensure that any hardcopy materials are securely and confidentially stored when not in use. Delegates must also ensure any devices used to access the training event is always secure and not unlocked if the device is left unattended.

4. Price

4.1. The prices are as set out in the Delegate Booking Information and the Delegate Booking Form as published (or otherwise provided to You) at the time at which We accept Your Booking.

4.2. The price of the Booking is per Delegate and is exclusive of VAT which will be charged at the current rate.

4.3. Where applicable, further details about the Venue and rates for Delegates are set out on the relevant Jisc Training Course web pages on the Website.

4.4. Prices are reviewed annually and may be adjusted to reflect inflation and continued investment in our Training Courses and services, with any changes taking effect from 1 August each year and applying only to new bookings made from that date.

4.5 Where Jisc issues an invoice for a Training Course and the payment is not made within 30 days of the invoice, You shall pay interest on the amount of the overdue invoice for the Training Course at a rate of 4% per annum above the Bank of England’s base rate. Such interest shall be accrued on a daily basis from the due date of the invoice as per clause 5.2, until the actual payment of the overdue amount is paid. You will be liable for the interest together with the overdue amount.

5. Payment

5.1. If applicable, payment for the Booking may be made by credit card (MasterCard and VISA only), or by BACs transfer within 30 days of the date of Our invoice.

5.2. All financial transactions will be between the Delegate or the Delegate’s organisation where applicable, and Jisc. Purchase orders should be made out to `Jisc’, 85D Park Drive, Milton Park, Abingdon, Oxfordshire, OX14 4RY and sent to Jisc on receipt of an invoice.

6. Cancellation by Delegates

6.1. Any cancelled Bookings, to be effective, must be received by Us in writing by email prior to the date of the Jisc Training Course. Refunds shall only be made to You at Our discretion and, where granted, will be made using the same payment method as was used to purchase the Booking.

6.2. You should refer to the Delegate Booking Information for specific conditions relating to cancellation of Your Jisc Training Course.

6.3 Jisc shall not be responsible for any additional costs incurred by the Delegate in relation to the original booking, including (but not limited to) travel, accommodation, time or subsistence.

7. Cancellation or re-scheduling of Jisc Training Courses

7.1. Where a Jisc Training Course is cancelled or re-scheduled by Us, we will use Our reasonable endeavours to notify You using the contact details You provided to Us at the time of booking.

7.2. It is Your responsibility to inform Us of any change to the contact address, telephone number or email address You provide to Us at the time of booking. We and the Venue reserve the right to reschedule any Jisc Training Course without notice and without any liability whatsoever.

8. Resale of Booking

8.1. You may not re-sell or reallocate a Booking without Our prior written consent.

9. Substitute Delegates

9.1. You may substitute another person from Your organisation without charge provided that You notify the Jisc Training Course Administrator by email or telephone of the name of Your replacement in advance. The Jisc Training Course Administrator’s contact details are set out in the Delegate Booking Information.

10. Data Protection

10.1. Your information will be held by Us. For the purposes of Data Protection Legislation, We are the Data Controller and Our Privacy Notice will apply to Our Processing of Personal Data about You or the Delegate(s).

10.2 We may store the information You have provided in a CRM system.  The information You submit will not be kept for any longer than is needed.  The length of time will depend upon whether We have a business need for keeping the information and/or if the law requires that We keep the information for a particular length of time.

10.3 Information You provide on the Delegate Booking Form may be used by Our employees, officers, representatives or sub-contractors where necessary for the purpose of administering the Jisc Training Course, to improve the services We provide and, unless You have chosen to opt out, to inform You via email of future news, events and other relevant activity.

10.4 You can choose to unsubscribe from emails from Us of this kind at any time.  You may get your information updated or removed from Our CRM system by emailing crm.support@jisc.ac.uk or by writing to Us at:

Jisc
4 Portwall Lane
Bristol
BS1 6NB

10.5 Unless You have specifically opted in to receive marketing communications from Us by email and/or to be included in the list for internal delegates, Your personal details will not be shared with any other organisation.

10.6 We may ask You to confirm Your personal details to ensure they are accurate.

10.7 As You have provided personal information, we need You to consent to the Processing of this data. By submitting the Delegate Booking Form You are agreeing to Us Processing this data as described above. Personal Data about You will be processed by Jisc in the administration of the Training Course in accordance with Data Protection Legislation.

10.8. We may record incidents of misconduct and inappropriate behaviour where necessary in order to keep participants safe and foster a welcoming environment at our events. We’ll use it, as described in our standard privacy notice. We’ll keep the information for two years, or until it is no longer relevant. For serious incidents of misconduct or inappropriate behaviour, we may also inform the HR departments of the individuals involved.

10.9 In attending a Training Course, You must not:

(a) (Unless otherwise permitted to do so by Jisc in writing) attempt to copy, transcribe, photograph, scrape, extract or remove any data from Jisc systems (whether in electronic or hard copy), unless expressly instructed to by Jisc delivering the Training Course and only generate and retain such extracts or copies of the data from Jisc systems to the extent necessary and proportionate for the purposes of the Training Course;

(b) Contact an individual or enable them to be contacted as a result of the Personal Data accessed, or knowledge gained when accessing Jisc systems as part of a Training Course;

(c) Upload any data on to Jisc systems as part of a Training Course and acknowledge that any data uploaded to Jisc systems may be permanently deleted;

(d) alter or seek to alter any element of the underlying software or functionality of Jisc systems or the software supporting Jisc systems during a Training Course;

(e) for face to face) Training Courses, remove any Personal Data extracted from Jisc systems during a Training Course;

(f) You must follow the instructions of Jisc staff delivering the Training Course to delete copies or extracts of data created during the Training Course at the end of Training Course.

(g) share log in details to Jisc’s online training platform with any other person. Delegates must ensure that log in details are kept secure and confidential at all times.

10.10 The Training Course may be recorded using Microsoft Teams or other webinar platforms utilized by Jisc. These recordings aim to provide access to the content for Delegates who were scheduled to attend, irrespective of whether they were able to participate in the live session. The following conditions apply to such recordings:

(a) When a recording begins, all Delegates will be notified via the desktop, web, and mobile applications of the webinar platform, as well as those joining by telephone, that the session is being recorded.

(b) Depending on how the session is conducted, recordings may capture audio and video of Delegates.

(c) Recordings may contain Personal Data as defined by Data Protection Legislation. This includes visual images of Delegates (e.g., webcam footage) and any opinions or comments they provide during the session.

(d) The lawful basis for Processing Personal Data within these recordings is legitimate interest (not consent). Further details regarding data Processing can be found in the Jisc Privacy Notice.

(e) Delegates may opt out of being recorded by informing the facilitator via the meeting chat, muting their microphone, and turning off their webcam. Delegates can share comments or feedback outside of the recorded session with the Jisc staff delivering the event or service.

(f) Recordings are stored securely in the cloud and are accessible at Jisc’s discretion upon receipt of a written request specifying the desired recording.

11. Conditions of Attendance

11.1. You must comply with instructions and directions given by staff, stewards and agents of the Venue and Us and any applicable policies and procedures of which You are notified.

11.2. We reserve the right to refuse access to, or remove any Delegate from any Jisc Training Course who, in our reasonable opinion has, or is likely to affect the enjoyment of the other Delegates, in our reasonable opinion is acting under the influence of alcohol or drugs, or who uses threatening, abusive or insulting words or behaviour or who behaves in a manner which may cause a breach of the peace.

11.3. Act in a respectful and appropriate manner to all attendees of Our Training Courses. Including other Delegates and Jisc staff. We do not tolerate bullying, intimidation, harassment or victimisation of event participants in any form.

Any discriminatory language and imagery are not appropriate at any Jisc event, including in presentation material. If you violate these rules you may be sanctioned or expelled from the event without a refund.

Please also refer to your own company's grievance and disciplinary procedures on how they handle complaints against members of staff as we may report any breach of these conditions to your employer.

11.4. All Intellectual Property Rights in any materials used or provided by Jisc during a Training Course, belong to Jisc unless otherwise indicated. If you are a Delegate then you are permitted to use the materials for the purposes of your professional role and you may share them with individuals employed by the same organisation as you.

However, such materials are not permitted to be shared with individuals who are not employed by your organisation unless those individuals are also Delegates attending the relevant Training Course. You must not sell the materials or pass on the content of materials from a Training Course in any other way to third parties, for commercial gain or otherwise, without Jisc’s prior written consent.

12. Photography

12.1. We may arrange for photographs to be taken at any Jisc Training Course. Please advise the Jisc Training Course Administrator prior to the commencement of the Jisc Training Course if you do not wish your photo to be included in the Jisc Training Course publicity.

12.2. We may arrange for recordings to be made of Jisc Training Courses and, subject to presenters’ permission, for the filmed material made available after the event. If You do not wish to appear in a recording, please inform the Jisc Training Course Administrator prior to the commencement of the Jisc Training Course and sit where instructed.

13. Changes to Jisc Training Courses

13.1. We reserve the right to make alterations to the published programme for (or content of) any Jisc Training Course where reasonably necessary. Any changes to the Jisc Training Course published programme or content will be published on the Website or notified to You by email.

14. Health and Safety

14.1. You must comply with all relevant legislation relating to health and safety and with any safety announcements and Venue regulations of which You are made aware whilst attending any Jisc Training Course.

14.2 Equality and diversity statement: We are working towards being fully inclusive. We endeavour to arrange Training Courses in fully accessible locations. However, we would appreciate Your co-operation in meeting specific requirements and ask that You inform us immediately if You require additional facilities (for example a loop system, BSL interpretation) or any other personal requirements.

We may need to pass on information to a third party about Your support requirements. If We are not able to reveal these details this may affect the accessibility arrangements we are able to provide. By submitting the Delegate Booking Form You agree to Your support requirements being passed on to relevant third parties.

15. Contacts

15.1. Please direct any enquiries to the Jisc Training Course Administrator.

16. Limitation of Liability

16.1. Jisc accepts no liability for any acts or omissions of Delegates carried out in reliance or on the basis of any information, advice or representations made by individuals delivering or participating in Training Course or in materials used or provided at a Training Course.

16.2 Jisc has no obligation to You or any individual Delegate whether in contract, tort, breach of statutory duty or otherwise, beyond its obligation expressly set out in this Agreement and those implied by law.

16.3 Personal arrangements including travel, accommodation or hospitality relating to any Training Course which have been arranged by You are at your own risk.

16.4. Neither We nor the Venue will be responsible for any loss, theft or damage to Your personal belongings, other than caused as a result of Our negligence or that of the Venue or other breach of statutory duty by Us or the Venue.

16.5. You will be responsible for paying for any damage which You cause to property at the Venue including the cost of additional cleaning where charged by the Venue.

16.6. Nothing in these Terms and Conditions will operate to limit or exclude liability of each party for death or personal injury arising out of its negligence, or for its fraud nor any other liability which cannot be excluded or limited under applicable law.

16.7. Subject to the paragraph above, in no circumstances will either party be liable to the other party for any loss of business, revenue, profits, anticipated savings or goodwill (whether direct or indirect) or for any indirect, special or consequential loss, arising out of or in connection with these Terms and Conditions and the Training Course.

16.8 Jisc may invite guest speakers or Jisc stakeholders to participate in delivering Training Courses. The guest speakers will be nominated by their employing organisations on the basis of their knowledge and experience in the relevant area. Jisc is not responsible for the content or quality of any training provided by such guests speakers, and in accordance with clause 16.7, accepts no liability for any reliance placed on statements or information made or provided by such individuals.

17. Dispute Resolution

17.1. If any dispute arises out of these Terms and Conditions or Your Booking, We will attempt to settle it. To this end We shall use Our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both parties.

17.2. Although this does not restrict your rights to pursue court proceedings, if We are unable to settle any dispute by negotiation within 21 days, the parties may attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR.

18. Waiver

18.1. Failure by either party to exercise or enforce any right or benefit conferred by these Terms and Conditions will not be deemed to be a waiver of any such right or benefit nor operate so as to bar the exercise or enforcement thereof or of any other right or benefit on any later occasion.

19. Assignment

19.1. Subject to Clause 19.2, neither Party will at any time assign or transfer all or any of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent not to be unreasonably withheld or delayed).

19.2. We may at any time by written notice assign or transfer all or any of its rights or obligations under this Agreement to another member of our Group. We will be entitled to sub-contract any of its obligations, and sub-licence any of its rights under this Agreement without your consent.

20. Severability

20.1. If it is found by a Court that any of these Terms and Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.

21. Third Parties

21.1. No person who is not a party to these Terms and Conditions shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

22. Force Majeure

22.1. For the purposes of these Terms and Conditions, 'Force Majeure' means any cause beyond Our reasonable control including, but not limited to, war, acts of terrorism, governmental requirements, acts of local or central Government or other competent authorities, Acts of God and industrial disputes. We will not be liable to You for failure to perform any obligation under these Terms and Conditions or in relation to Your Booking to the extent that the failure is caused by Force Majeure.

23. General Provisions

23.1. Please note that We may amend and update these Terms and Conditions from time to time. The Terms and Conditions as published on Our Website (or as otherwise provided to You) at the time of Confirmation of Your Booking will apply.

23.2. Once Your Booking is confirmed (and in any event if You attend a Training Course as a Delegate) these Terms and Conditions shall be binding on You.

23.3 This Agreement contains the whole agreement between the parties and supersedes any prior or written or oral agreement between them in relation to its subject matter and the parties confirm that they have not entered into this Agreement on the basis of any representations that are not expressly incorporated in to this Agreement.

24. Governing Law and Jurisdiction

24.1. These Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.