Course Booking Terms and Conditions and Cancellation Policy
These Terms and Conditions are effective from 18th November 2017.
OACP accepts firm bookings through the OACP website, by email and phone – in making such bookings customers accept this Course Terms and Conditions and Cancellation Policy.
Contacts details for OACP are at the end of this document. Please note these Terms and Conditions may be subject to change without notice. In this Policy, OACP means Oxfordshire Association of Care Providers CIC.IMPORTANT: When booking training, please let us know if you have a disability or condition that we need to know about, including your dietary needs if lunch is provided, or any other learning support needs. This personal information is used only to ensure good access and training experience.
For current course costs and dates, please refer to our website.
Before booking onto the course, please ensure you have read the course content, to ensure the course will meet your training needs and that you are able to meet pre-requisites, where stated.
If a course registration/booking form is completed by an individual other than the named candidate, it is the responsibility of the employer to ensure the candidate is suitable for the course and has the relevant experience.
Upon receipt of your booking form, and subsequent payment your place(s) will be confirmed.
Important: OACP’s acceptance of your booking brings into existence a legally binding contract between us on these terms and conditions. Any term sought to be imposed by you in any purchase order or correspondence will not form part of the contract.
Purchase Orders may be accepted in lieu of payment at time of booking at OACP's sole discretion.
Acceptance of Purchase Orders is subject to OACP’s prior approval for credit terms. Customers must first supply a completed Customer Information Form upon request.
Purchase Orders shall not be accepted from any customer at any time during which the customer's account is placed on "stop" due to default.
Invoicing and payment
Course fees are payable upon booking unless a valid, authorised Purchase Order is provided and accepted.
Invoices will be sent via email to the email address provided on the booking form and must be paid within 30 days of the invoice date or not later than 1 working day prior to the start of the course, whichever date occurs soonest (the “due date”).
Payment must be made in Pounds Sterling by cheque, credit/ debit card or BACS.
If any amount properly due to OACP under, or in connection with, these terms and conditions remains outstanding beyond the due date OACP may:
charge interest on the overdue amount at the rate of 8% per annum above the base rate of Nat West Bank PLC from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand); or,
claim interest and statutory compensation pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
Course attendance and certification
Candidates will receive joining instructions via email to the email address provided on the booking form.
It is the responsibility of the individual completing the course registration/booking form to ensure joining instructions are received by the candidate. Instructions will be sent via email to the email address provided on the booking form.
If the joining instructions are not received, it is the responsibility of the individual who completed the course registration/booking form to contact OACP to arrange for them to be reissued.
Failure to attend the course will result in the full cost being incurred.
OACP will send all correspondence via email to the email address provided on the booking form. If alternative details are received after the booking form has been submitted, they will supersede the original details and all future correspondence will be sent to the new address.
No certificate(s) shall be issued whilst there is an outstanding balance (including interest on overdue balances and statutory compensation) due to OACP.
It may be necessary, for reasons beyond the control of OACP, to change the content and timing of the programme, the date, the venue or the tutor.
Cancellations and Amendments
All requests for cancellations and/ or transfers must be received by email.
Name substitutions can be made by email at any time before the course date without penalty.
Changes will become effective on the date of emailed confirmation being received.
The appropriate cancellation charge will apply based on the cost of your booking, as shown below:
29 calendar days’ notice or more before the start date of the course = full refund minus a £29.50 administration fee
Between 15 and 28 calendar days (inclusive) = 50% refund minus a £29.50 administration fee
Between 1 and 14 calendar days (inclusive) = no refund will be given
Failure to attend treated as late cancellation and no refund will be given
In the event that an individual named on the booking form cannot attend, we will accept substitution of another delegate on the condition that emailed notification of the substitution has been received by us prior to the course date and an administration fee of £29.50 plus VAT has been paid.
In the event of there being insufficient numbers booked onto a course OACP reserves the right to cancel or postpone the course.
In the event of cancellation of a course by OACP, we will endeavour to inform all participants a week before the course is due to take place, although please be aware that this is not always possible. All course fees paid will be reimbursed in full, or the payment will be transferred in full to another OACP course. OACP shall not accept liability for any consequential loss and shall have no liability to reimburse any other costs that may have been incurred, including transport costs, accommodation etc.
Accommodation and travel are the responsibility of the candidate.
To keep courses costs down, we do not provide lunch for candidates. However, we will include details of where candidates can purchase lunch, where possible, or you are welcome to bring your own.
If you are unable to attend any course due to extenuating circumstances you must inform OACP by email.
If you were unable to attend due to illness you must provide evidence in the form of a doctor's note, or provide confirmation of the extenuating circumstance from your Manager.
OACP shall not be liable to refund of fees or for any other penalty should courses be cancelled due to war, fire, strike lock-out, industrial action, tempest, accident, civil disturbance or any other cause whatsoever beyond their control.
Data protection notice
OACP processes and stores personal data in accordance with the requirements of the Data Protection Act 1998. Any personal information supplied will be used primarily in answering enquiries, providing services or fulfilling any contractual obligations. Where necessary, consequent upon the way we organise our business, personal data may also be used for operational and administrative purposes. Personal data will not be released to non-associated third parties unless there is a legal or regulatory reason to do so, or unless the third party fulfils a service on our behalf. We will not store personal data longer than is reasonably necessary.
The Data Protection Act 1998 obliges us to lodge a notification with the Information Commissioner describing the purposes for which we process personal information. The details are available from the Commissioners' office or on the Commissioners website. Under the Data Protection Act 1998 you are entitled on payment of a fee to a copy of the information we hold about you.
OACP does not store debit/ credit card details, nor do we share customer financial details with any third parties.
Intellectual Property Rights – No Duplication or Redistribution
OACP provides certain services and benefits for registered members and non-members, and derives its revenue from the production and distribution of those services and benefits for the exclusive use of OACP members and non-members. Users of the service acknowledge that the duplication and/ or redistribution of content, information, data, or other intellectual property gained through exclusive access to the service to any other party would be a violation of applicable copyright laws and therefore would cause harm to e-learning service.
Customers hereby agree that duplication and/ or redistribution of any materials to any member or non-member shall require prior written authorisation from an authorised OACP employee. It is further agreed, that any specific instance in which written authorisation is granted by OACP, does not authorise the customer to duplicate and/ or redistribute any other material than that for which written authorisation was granted.
These terms and conditions, together with the current OACP website prices, course details and OACP contact details, set out the whole of our agreement relating to the supply of the course and associated materials and services to you by OACP. In particular, no terms and conditions incorporated within your purchase order and nothing said by any person on behalf of OACP should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods or services offered for sale by OACP. OACP shall have no liability for any such representation being untrue or misleading.
OACP reserves the right to make changes to the programme.
On 18 June, an alliance of five national umbrella organisations, representing hundreds of charitable social care providers, has written to the Charity Commission for help in resolving the sleep-in crisis. The Solve Sleep-ins Alliance, comprising the Association for Real Change, Care England, Learning Disability England, Learning Disability Voices, and VODG, is a partnership whose membership together covers the whole of England; we should take their concerns very seriously. OACP wholly supports their action.
The sleep-in issue has arisen due to a combination of the introduction of the minimum wage and the decision by HMRC to apply this to all time-work situations (employment where the employee cannot leave their place of employent, even if they are on stand-by, or in another role that does not require full attention). Sleep-ins, which were previously covered by a flat-rate fee, and where the employee was often undisturbed duing the night, suddenly became liable for an hourly rate which, averaged across their pay period (a shift or working week) should not contravene minumum wage requirements. It’s a complex issue, not least because of the wider impact on wage rates for other parts of an employee’s shifts (why should people get paid more when they are asleep?).
The additional funding for this increased liability was not provided for by central government, and in most areas was not funded by local councils either – Oxfordshire went part way, but many councils have failed to act. And in the last couple of years, HMRC has systematically worked its way around the sector enforcing the rules as they saw them. A moratorium last summer coupled with an offer for organisations to join HMRC’s Social Care Compliance Scheme means that every organisation that has provided sleep-ins over the past six years is on a knife-edge. And if we add in the potential liabilities of direct payment holders, we may see disabled individuals going bankrupt, as well as organisations going into administration. Putting aside the well-documented woes of social care generally, this would be truly catastrophic. So far the Government has failed to act – should we assume they don’t care?
Whatever the inner workings happening within government, it’s a mess. And the delay from Government coupled with legal action, has made this part of the sector very jittery with providers choosing not to renew or bid for over 270 contracts owing to a reluctance to take on potential sleep-in liabilities. The estimated liability of £400 million is in our view an under-estimate, as it doesn’t reflect the additional HR and finance time charities are having to, and will have to, put in to resolve payments at a local level – turnover in the sector means that chasing ex-employees, many of whom may be foreign nationals, will be a nightmare. Imagine a scenario of charities lodging HMRC-forced financial settlements to closed bank accounts, which, after a period of time, will be collated by banks and re-allocated through charitable funding. Even Yes Minister couldn’t write that script.
Following a decision on the Mencap case, probably in July, the sector will look to November when the back-pay bill will become due. Those Christmas messages about giving a little to charity for those in need could be mighty powerful, as elderly and disabled people find that the services they rely on, are simply no longer there.