We have to ask you to read these terms & conditions carefully as a pre-requisite prior to any service engagement with Oxford College of Business and Technology.
Limitation of Liability
Except to the extent prohibited by law, Oxford College of Business and Technology (OCBT) shall not be liable to any person who accesses the www.ocbt.co.uk site or any of the materials for any direct, indirect, special, consequential damages or awards of any kind, which may result from the use or inability to use any company website or any of the materials.
Disclaimer
The courses and educational materials are provided on an “as is” and “as available” basis and (OCBT) gives no warranties, express, implied or statutory as to merchantability or fitness for purpose of the materials or that any of the materials or the (OCBT) will provide uninterrupted or free from errors or that any identified defect will be corrected; further, no such warranty is given that any website operating under (OCBT) company and the materials are free from any virus or other malicious destructive or corrupting code, programme or macro. (OCBT) does not warrant that any company websites sites or the server(s) that make them available are free of any virus or other harmful elements.
Reference in the any company websites and/or materials to any hypertext link, product, process or service does not imply (OCBT)’s support for, or endorsement or recommendation of, the provider thereof or the product, process or service to which reference is made. Company website sites may contain links to other web sites, resources or other third parties. (OCBT) is not responsible for the availability of these external web sites or their contents and is neither a sponsor, partner, promoter or publisher of such sites or their contents and accepts no liability in relation thereto.
(OCBT) Terms & Conditions
These terms and conditions shall apply to the Agreement between “(OCBT) ” and the” Client” applying for the provision of services by (OCBT). These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
Definitions
The following expressions shall mean:
“(OCBT) ” – its, employees, consultants, agents or those businesses operating under agreement / license.
“Client” – individual, business, partnership, company, authority or charity obtaining or proposing to obtain goods or services from (OCBT).
“Intellectual Property Rights” – copyrights, patents, registered and unregistered design rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.
Inappropriate Material” – material that under the laws of any jurisdiction where the material can be accessed is or may be any of the following:- abusive, defamatory, harmful, libelous, malicious, obscene, pornographic, profane, threatening, unlawful, infringes any Intellectual Property Rights, constitutes or encourages a criminal offence or contains a virus, worm, trojan horse or other harmful code.
“Relevant Legislation” – such laws of England and the Client’s country as relate to data protection and any laws of England and the Client’s country governing Inappropriate Material.
“Services” – the services identified to be provided by (OCBT) to the Client on any letter of confirmation, quotation or other correspondence method from (OCBT) to the Client.
Payment & Services
(OCBT) will carry out work for clients in accordance to their instructions, as agreed between (OCBT) and the client.
All services, work produced, digital based or otherwise by (OCBT) remain the property of (OCBT) until payment for such products is received in full.
With regards any service, the client has a period of up to 28 working days prior to the start day of the delivery of such service to withdraw and receive a full refund minus cancelation fees. Failure to enroll by the client on the agreed date without the agreement of (OCBT) will result in full charge.
Non-delivery or non-performance of services by any third party shall not give the Client any right to delay any payment to (OCBT) or to make any claim whatsoever against (OCBT).
Any additional services requested, at any time, will be charged at the current standard rates.
The Client agrees to make payment for the Services by payment of invoice within 14 days of the invoice date via current acceptable payment methods. If any monies become overdue for payment, (OCBT) may withdraw any offer of service, without prior notice that (OCBT) provided, without prejudice to (OCBT) rights to claim for the first monies owed and costs of collection. It is worth noting that any action related to the taking down of any service is not taken lightly & will, more often than not, be after more than one attempt to recover unpaid monies through verbal or email discussions.
If payment is not made on the due date (OCBT) shall be entitled, without limiting any other rights, to charge additional administrative charges that (OCBT) may result in due to late or delayed payment.
Invoices are sent by email, however, the Client may choose to receive hard copies via post, but these will be subject to an additional cost to cover postage & admin fees.
All prices quoted in any proposal are valid for 14 days from date of proposal.
All international transaction must be paid in advance and are subject to UK currency regulations.
Indemnity
The Client hereby agrees fully to indemnify and keep indemnified and hold harmless (OCBT) from and against any and all claims, costs, damages, losses or liability (whether civil or criminal) and expenses (including, but not limited to, legal fees) sustained or incurred by (OCBT) directly or indirectly and any claim brought against us by a third party resulting from the provision of Services by us to you and or your use of the Services and the Server and in any jurisdiction as a result of:
(i)the provision by (OCBT) to the Client of any Service, or
(ii)any breach by the Client of any of its warranties contained in this Agreement; or
(iii) any content material or required mode of operation supplied or specified by the Client for any Service; or
(iv) any breach by the Client of any of its obligations in this Agreement.
The Client undertakes that it will not transmit Inappropriate material, infringe the Intellectual Property Rights of any third party, or transmit bulk email (spamming). The Client acknowledges that it is responsible for complying with any Relevant Legislation.
The Client acknowledges and agrees that (OCBT) is not responsible for the security of the contents of email sent or received by the Client, and that (OCBT) are not responsible for nonreceipt, non-delivery or mis-routing of email or any failure of the email system. We do not guarantee that the Server will be free from unauthorised users or hackers.
Where products or services supplied by (OCBT) to a client are supplied to (OCBT) by third parties, the client agrees to be bound by any terms and conditions of that supplier and any license agreements and fully indemnifies (OCBT) in every respect.
Force Majeure
(OCBT) shall bear no liability for loss, damage or delay howsoever arising caused by circumstances outside its control.
Neither party shall be liable for any delay in meeting or for failure to meet its obligations under the agreement due to any cause outside its reasonable control including (without limitation) Acts of God, war, riot, malicious act of damage, fire, flood, acts of any government or public authority, failure of the public electricity supply, failure of any telecommunications service provider, failure or delay on the part of any sub-contractors beyond its reasonable control or the unavailability of materials. Further, (OCBT) shall not be liable for any such delay or failure resulting from a request by the Client for any change made to the supply of any service being provided.
If (OCBT) is prevented from meeting its obligations due to any of the aforesaid causes it shall notify the Client of the circumstances and the Client shall grant a reasonable extension for the performance of the Agreement.
Copyright
(OCBT) retains all intellectual property rights to any and all educational materials it provides. This includes the rights to reproduce, distribute, and modify such materials, ensuring that their proprietary content is protected against unauthorized use or dissemination.
Confidentiality
(OCBT) respects the confidentiality of our clients’ information. We consider any information provided to us by our clients in the course of our services as confidential. This includes, but is not limited to, business affairs, customer data, financial information, and operational methods.We take reasonable measures to ensure that our staff and any subcontractors adhere to these confidentiality principles. However, this confidentiality clause does not apply to information that:
- Is or becomes publicly available through no fault of OCBT
- Was already in OCBT’s possession prior to client disclosure
- Is legally obtained by OCBT from a third party
- Is required to be disclosed by law
OCBT may request permission to use the client’s logo or name for promotional purposes, which the client may grant or deny at their discretion.
Termination
Termination of an agreement can be effected as follows:
1. Either party may terminate this agreement by giving written 3 months notice without prejudicing students directly benefiting from this agreement.
2. (OCBT) may terminate this agreement at any time by giving 7 days written letter or email notice to the Customer if the Customer commits any breach of this agreement including but not limited to non-payment of any amount on the due date.
Minimum 3 months cancellation notice period is required by the Client for all contract based services after contractual period is served.
Following any cancellation by the Client, all copyright and ownership of the Services will remain that of (OCBT) until the Client has fulfilled any outstanding payment(s) due on their Client account. As such, until payments are cleared, no Client account files/service handover can take place until such a time when payments are cleared in Web Solutions bank account.
No refund of any payments made by the Customer will be made by (OCBT) where termination takes place.
If this agreement is terminated by the client within the period stated in condition (2) then the full amount outstanding will become payable by the Customer to the (OCBT) forthwith.
Complaints & Disputes Procedure
We try to attain best levels of service but we feel it is important that a Complaints Procedure be outlined for such rare events. If you have a complaint related to any aspect of our operations, then we strongly advise that you send in a detailed email to info@ocbt.co.uk or post to registered office detailing:-
1. Nature of the complaint/comment
2. Confirm the person &/or department you are complaining about, outlining what you consider they did wrong
3. Pease give specifics & any evidence about how you have been affected by this issue
4. How you feel we can resolve this issue
5. Any other information you feel is related & important
Upon receiving the complaint, please allow at least 10 working days for us to get back to you with any further queries or an answer. Please note that points 1 through to 4 are mandatory, without any of which, the complaints procedure cannot be logged officially on our systems.
After receiving our official response, if you are still unhappy with the response then you have the right to escalate the matter for the attention of the Company Directors. This is undertaken via a face to face meeting (for companies within Birmingham) or via telephone (for companies residing outside Birmingham). This meeting is a final step avenue where you can discuss your points as required with final decision makers.
Our complaints & disputes procedure is robust & is proven to resolve matters on behalf of a client looking for a reasonable resolution. If you are still not happy with the solution provided, we strongly recommend an independent mediation.
As a company, we wish to retain Clients & will do our best in this regard. However, the complaints procedure is there to ensure that all Clients have access to a sincere & transparent avenue to air their complaints / comments & allow both parties to arrive at a mutually beneficial solution.
As a Client you have options to other methods of resolving the matter however, not engaging with the complaints procedure as the first port of call will be seen as not being sincere in resolving any issue(s), this will also form part of any defence we deem fit, reflecting reluctance on behalf of the Client to arrive at a solution.
General
(OCBT) reserves the right at any time without notice to remove any Client from its services, for breach of Inappropriate Material, or for linking to Inappropriate Material.
The Client is deemed to have accepted and agreed to these Terms and Conditions by notifying Web Solutions of their intention to commence/continue with the services provided by (OCBT) , or by paying or continuing to pay any order, invoice or regular payment.
Notices
Any notice to be given by either party to the other may be sent by either e-mail or by post to the address of the other party or such other address as such party may from time to time have communicated to the other in writing. If the notice is sent by email, it will be assumed to be received on the day. If post mailing was used, it shall be deemed to be served five working days following the date of posting to allow time for seasonal delivery variations.
Law
These terms and conditions are all subject to English law and submit to the exclusive jurisdiction of the English courts.
Address: 162-164 High Street, Birmingham, B12 0LD United Kingdom
(OCBT) reserves the right to amend the terms & conditions without any prior notice. Last Revised October 2024