Name: Data Analytics BootCamp, 12-weeks, Online Instructor-led
Price: 1200 GBP
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tumble tots nottingham

Worcestershire,

Tumble Tots is Nottingham's premium children's physical activity programme, from Walking (around 1 year old) to school age (4 years). Designed to develop children’s physical skills of agility, balance, co-ordination and climbing, through the use of brightly coloured Tumble Tots equipment, especially designed for little people. According to the physical activity guidelines issued by the four Chief Medical Officers (CMOs) of England, Scotland, Wales and Northern Ireland regular physical activity in children and young people is associated with improved learning and attainment, better mental health and cardiovascular fitness, also contributing to healthy weight status. Toddlers and preschoolers should spend at least 180 minutes (3 hours) per day in a variety of physical activities. The Tumble Tots programme has been carefully designed to promote physical activity, sport and exercise in children for physical and mental health benefits. We currently run the following "age and stage" classes in Nottingham: ★ Walking to 2 years ★ 2 to 3 years ★ 3 years to school age To learn more about our programme and each of our "age and stage" development classes click on "About > Our Programme". You can also click here to watch a short YouTube video about our programme. Our centres in Nottingham: MONDAYS Gamston Community Hall (Gamston) - NG2 6PS TUESDAYS David Ross Sports Village (University of Nottingham) – NG7 2RJ WEDNESDAYS David Ross Sports Village (University of Nottingham) – NG7 2RJ THURSDAYS Grange Hall (Radcliffe On Trent) - NG12 2FB FRIDAYS Sir Julien Cahn Pavilion (West Bridgford) - NG2 7JE Pricing and term information There are three elements to booking regular classes with Tumble Tots Nottingham 1) Annual Membership 2) Regular monthly class fees 3) Class fees covering payment: 1) Annual Membership The first element requires your child to become a member of the Tumble Tots National Club to participate in classes. Your membership is paid at the same time as confirming your regular booking, so that we can set-up your child's personal accident insurance policy to cover your LO to attend classes straight away. The annual membership fee is £26 per child. In addition, your child will receive a welcome pack posted directly to them including their iconic Tumble Tots T-Shirt, Back Pack, Sticker Book, Membership Card and Handbook. We also offer a reduced rate for Renewals and members can take advantage of our exclusive offers, discounts, competitions and many more member benefits! Please encourage your LO to wear their t-shirt to help them feel a sense of unity and pride with their fellow Tumble Tots, as well as the practical aspect of wearing comfortable loose clothing for climbing!! NB - our annual membership is mandatory, non-transferable, non-refundable and valid for one year. To view the full details of our membership programme please visit: https://www.tumbletots.com/nottingham/membership You can also checkout the toys and gifts that we sell in our online shop by visiting: http://www.tumbletots.co.uk/ 2) Regular monthly class fees At the same time as confirming your booking, you will pre-enter your credit or debit card details to authorise us to take a recurring payment on the 1st of a month for your child's class fees. A recurring payment is similar to a direct debit but taken from a valid debit or credit card and not directly from your bank account. The monthly fee is £28 and will be automatically processed on the 1st of the month for classes in the same month, i.e. September class fees will be paid on 1st September. We operate classes during school term time only and your monthly subscription plan covers class fees for a full school calendar year (36 weeks per annum), which have then been divided into 11 convenient and affordable recurring monthly payments. Your subscription will be paused in August, when no classes are running, or during periods of national lockdown. You may cancel your child's classes at anytime, giving a minimum 4 weeks notice. Younger siblings receive a 20% discount off their class fees. On average, there are 2-4 classes per month, dependent on how school term dates fall. 3) Class fees covering payment Please note that if you join part way through a month, a covering payment will be added to your first monthly instalment, so that you can start classes straight away. This amount will be calculated based on how many remaining classes there are. An example payment schedule is given below, where the new member joined on 21st September: Date of joining - £26 Annual Membership fee 1 Oct - £45 (£28 monthly fee October classes + £17 covering payment for 2 classes attended in September) 1 Nov - £28 monthly fee November classes 1 Dec - £28 monthly fee December classes (1 Jan - 1 Jul) - £28 monthly fee 1 Aug - £0 payment paused 1 Sep - £28 monthly fee September classes 1 Oct - £28 monthly fee October classes …and so on and so forth. Siblings discount Younger siblings receive a 20% discount off their class fees. Notice period You may cancel your child's place anytime, giving 4 weeks notice. Holidays, sickness and anytime / anywhere make-up classes We are unable to refund or credit missed classes, but do offer an anytime, anywhere makeup scheme. Term time only Classes do not operate during school holidays and dates will be indicated on our Facebook and Instagram pages, on our noticeboard and website, plus we also send end and beginning of term emails. Can younger siblings come along to their brother or sister’s class? Younger siblings in a car seat, pushchair or baby carrier are welcome to attend their older siblings class, so that your hands are free to support your child at all times. Cancellation • We reserve the right to cancel or postpone classes at any stage in the event of equipment failure, theft, insufficient participants or trainers, business closure or otherwise. • Any class fees refunds will be at the discretion of Tumble Tots Nottingham. The annual membership fee is non-refundable in full or in part. • Should a member, through illness or otherwise, miss their class, Tumble Tots Nottingham are under no obligation to offer a refund. Members are offered to make up the class on an alternative day. • Tumble Tots Nottingham reserves the right to vary course details in line with current guidance and best practise and to amend dates and prices without prior notice. Health & safety Your child’s safety is of utmost importance to us and we offer complete peace of mind and confidence that our programme is of the highest quality as a Fully Accredited Member of the Children’s Activity Association (CAA). 4 trained team members run our classes. All staff are responsible for maintaining safety and guiding both you and your Tumble Tot throughout the class. We operate on a strict 6:1 child/adult ratio, similar to nursery and preschool groups. Our team are DBS checked. There is a paediatric first aider and fire warden on site at all times. Parents are actively involved in the sessions for under 3’s. In the 3+ sessions, Tumble Tots participate without their grown up. By taking part you agree and acknowledge: • That it is an indoor activity with an element of risk. Members should be prepared to be knocked or bruised whilst learning new skills. In booking this activity, the participant acknowledges that it may be physically and emotionally challenging and that there are inherent risks associated with this activity. • At all times, to comply with the instructions given by staff members, particularly regarding supporting techniques and wearing suitable clothing for the activity. Misconduct You understand that Tumble Tots Nottingham may exclude anyone from a particular session and ask anyone who refuses to comply with these course booking terms or who conducts themselves in any way or who causes damage or annoyance to other persons to leave. Covid-Secure During the Covid-19 pandemic we have implemented additional health and safety measures, that can be read via the link below, to protect our members, team and the wider Nottinghamshire community. We entrust our members to adhere to the measures that we and the UK Government have put in place, to prevent any transmission whilst attending classes, and keep classes running. COVID-19 Secure Measures Complaints Should you have a complaint or issue you wish to raise, please let Fiona know, or another member of staff who you feel comfortable raising the issue with.

simply wholistic

Remember, beauty is never skin deep. Nothing only exists because of the shell it belongs to or has been given. Bearing this in mind, whenever we want to change anything, whether it be physical, mental or emotional, (our appearance, feelings and thoughts) the change only occurs from changing your thoughts, thinking patterns, and your feelings about how you see yourself. For example, we change our looks easily and have any amount of cosmetic surgery we could afford, but unless we feel beautiful inside, we will never feel beautiful outside. We must first love ourselves in order that we can love others. If we don't know how to even treat ourselves with love and compassion, how could we ever treat anyone else with the same? No one is saying it is easy to change the way you think, I certainly know its not. But how much money would it be worth to you to be happy in your life, with all aspects of your life? Could any amount of money ever make up for you being miserable and unhappy in your life? If you truly believe you are happy in life and you think it's all genuine, then all I ask you to do is take all the material things away out of your life and imagine that all you have left is your family, friends, pets, the roof over your head with no objects in there and last of all yourself, your body, including your feelings, thoughts, thinking patterns and physical looks and your good health. Would you still be content and happy, with the most important things in your life you have left? If the answer to that question is no, then don't you think it's time you found happiness within? Instead of just looking beyond that and to other people and material objects in your life, which will give you a little satisfaction for a short time only, which are all purely false hopes. Life is truly amazing if you allow it to be and the moment you allow yourself to be happy and love yourself for who you are is the moment you will never look back on your life and only look forward and be so happy and positive about everything in your life. Life really is so simple, yet we insist on complicating it To help ourselves and our own bodies, prevention is far better than any cure. When you maintain your health and well-being, it is very unlikely you will suffer illness or disease. Rather than seeing yourself as the shell you are and placing the emphasis on that alone, instead turn it all around and focus on the inside and how you feel and think. This is the only way you will ever continue through the aging process and be happy and content through life. To reach optimum health and well-being is not something which will happen over night and to maintain this level is an ongoing process throughout one’s life. Every second of every day our bodies are changing due to our thoughts, thinking patterns, emotions, feelings and actions. Add to this the outside influences such as stress at work, lack of vitamins and nutrients and a good balanced healthy diet and no exercise and your body will begin to feel the strain. If you don’t listen to your body and make simple changes to give your body the right conditions to enable it to heal itself, it will without a doubt become in a diseased state which will manifest into illness later on in life. Chakra’s can be over stimulated as well as under stimulated and this can have positive or negative effect on our health. Colour’s are energy and carry different vibrations, therefore the colour of food we eat can affect our health. The colour of clothes we wear and are surrounded with each day also effect the chakra’s Lots of simple and easy changes can be made by everyone to maintain optimum health and well-being and Holistic Therapies will help clear any blockages or imbalances you may have which will be detrimental to your health should they remain in that state. Preventive measures are far better than anything else you can do for you body and mind and will help maintain good health throughout one’s life. Holistic Therapies treat the whole person, not just the symptom. Treating any symptom, such as conventional medicine, will NEVER CURE any disease or illness only mask the symptoms and usually lead to even more side effects, symptoms and problems in the body. When you take something which is not a natural source and place it into the body you are removing the bodies own natural defence systems which are in place. When you treat a person with Holistic Therapies you are dealing with the root cause of the problem naturally and the real issue behind any illness, disease or symptom, therefore once treated all symptoms will be eliminated in the process. Pain does serve a purpose and its the bodies way of telling us something is wrong or must be changed. The body will always give us indicators when something is not right enabling us to rectify it. However we have become such experts at ignoring the warning signs and alarms bell's or not giving our health the time is deserves that later down the line by continuing to ignore it we now have an even bigger problem on our hands. Holistic therapies such as colour therapy can be used and implemented into your life so simply and have life changing effects without having to change anything in your life. Also great for people so busy, who sadly have limited time for their health. The consultation covers numerous aspects of your health including mental, emotional and physical. Contrary to what you have been lead to believe, when you have emotional problems your physical health will be suffering. The longer the problem is left unresolved, the more likely the problem will manifest into a physical condition. When your emotional condition improves you are well on the way to recovery. The body is the most effective tool to treat any condition which we may have in life. If it is given the correct conditions, it can and will heal itself. The consultation is to deal with the root cause of the problem and not just the symptoms you have. It will give you all the tools to provide you with everything you need to give your body the right conditions to establish good health and with continued use enable you to maintain optimum health. Looking for a quick fix may be a short term solution but it’s not in the best interests of your body’s health, nor will it completely deal with issues which may arise again if you change your way of thinking back to your old pattern and habits. That would only be the same as filling your vehicle up with petrol once and expecting it to run indefinitely, which will never be the case. Problems which people have, don’t just appear over night. Although a session may have a very profound effect on improving your health, it can’t deal with all the issues in one go because your body would not be able to handle all those changes at the same time. Therefore continued therapy is advised to work through all issues, also as a preventative measure and to maintain the bodies correct balance. You know what issues/problems you have to deal with, therefore the biggest step is acknowledging them and starting to deal with them. You must also be ready and willing for all these changes to take place in your life because it will require a little input from you to enable them to happen. Your diet and what you eat. To establish weather it is a contributing factor to how you are feeling and whether your body is undernourished. The colour of food you eat affects your mind and body. The body’s functions are dictated by the chakra’s, main energy centre’s of the body. If you are eating the same foods all the time you will not be providing your body with the colour’s and vibrations which it requires. Every living entity on this planet carries a different vibration, so colour’s really do play an important role in your life. Not just the colour of food you eat, but the colour of clothes you wear, the colours you are surrounded by. Water plays a huge role in the workings and maintenance of the mind and body. Every single function we have as a human being requires the brain to be hydrated to enable the process to happen as it should. If the brain becomes dehydrated then those processes will suffer and not work correctly. Many people have become such experts at ignoring the thirst warning or mistaking it for hunger and reaching for food when the message is really thirst. When the correct amount of water is drunk in sufficient intervals during the course of the day many so called ailments and health issues could subside. I challenge you to try it and discover the magic power water can have for you

education and skills training & development

Doncaster

Welcome to the Education and Skills Training & Development Ltd's privacy notice. Education and Skills Training & Development Ltd respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice. 1. IMPORTANT INFORMATION AND WHO WE ARE 2. THE DATA WE COLLECT ABOUT YOU 3. HOW IS YOUR PERSONAL DATA COLLECTED 4. HOW WE USE YOUR PERSONAL DATA 5. DISCLOSURES OF YOUR PERSONAL DATA 6. INTERNATIONAL TRANSFERS 7. DATA SECURITY 8. DATA RETENTION 9. YOUR LEGAL RIGHTS 10. GLOSSARY 1. Important information and who we are Purpose of this privacy notice This privacy notice aims to give you information on how Education and Skills Training & Development Ltd collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, purchase a product or service, take part in a competition or enrol yourself or one of your employees onto one of our courses. This website is not intended for children and we do not knowingly collect data relating to children. It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them. Controller Education and Skills Training & Development Ltd is the controller and responsible for your personal data (collectively referred to as "COMPANY", "we", "us" or "our" in this privacy notice). We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DP] using the details set out below. Contact details Our full details are: Full name of legal entity: Education and Skills Training & Development Ltd Name or title of DPO : James Hart Email address: james.hart@education-and-skills.com Postal address: 5C Oxford House, Sixth Avenue, Doncaster DN9 3GG Telephone number: 01302 802220 You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. Changes to the privacy notice and your duty to inform us of changes This version was last updated on 1st July 2018 and is reviewed annually. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. Third-party links This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit. 2. The data we collect about you Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows: · Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, national insurance number and gender. · Contact Data includes billing address, delivery address, email address and telephone numbers. · Financial Data includes bank account and payment card details. · Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us. · Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website. · Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. · Usage Data includes information about how you use our website, products and services. · Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. If you fail to provide personal data Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time. 3. How is your personal data collected? We use different methods to collect data from and about you including through: · Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: · apply for our products or services; · enrol on one of our courses – government funded or not · create an account on our website; · subscribe to our service or publications; · request marketing to be sent to you; · enter a competition, promotion or survey; or · give us some feedback. · Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. · Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below: · Technical Data from the following parties: (a) analytics providers such as Google based outside the EU; (b) advertising networks based inside the EU; and (c) search information providers based inside OR outside the EU. · Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside OR outside the EU. · Identity and Contact Data from data brokers or aggregators based inside OR outside the EU. · Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU. · Achievement of prior qualifications from the Learner Records Service and Department of Education via the ESFA or Student Loans Company 4. How we use your personal data We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: · Where we need to perform the contract we are about to enter into or have entered into with you. · Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. · Where we need to comply with a legal or regulatory obligation. Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. Purposes for which we will use your personal data We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

native english

This website is operated by Joshua Levy t/a Native English UK. Throughout the site, the terms “we”, “us” and “our” refer to Joshua Levy t/a Native English UK, the abbreviation t/a stands for trading as, as permitted under sole trader licence from the United Kingdom’s HMRC (Her Majesty’s Customs and Revenue). Joshua Levy t/a Native English UK offers this website, including all information, tools and services available from this site to you, the user, the client, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The education service delivery and jurisdiction are carried out online or offline from the United Kingdom, Russian Federation and other applicable countries. Nevertheless, by entering contract for our services, you hereby agree to abide by the terms as set out below. Kindly read it carefully. By visiting our site and/ or purchasing any product or service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. SECTION 1 – ONLINE EDUCATION TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your education services, our contract, effective immediately. SECTION 2 – GENERAL CONDITIONS I/We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Additionally, the personal information provided may be used for data analysis for better user experience. Nevertheless, your information will not be passed on to third parties for marketing or data collection purposes. This is only for our internal use strictly. SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. If you are unsure of any information, kindly contact us as soon as possible SECTION 4 – MODIFICATIONS TO THE EDUCATION SERVICES AND PRICES Prices for our products are subject to change without notice. Additionally, prices for education delivery are in multi-currency and can change at any time based on exchange rate, region being served and other unforeseen factors. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. The price or any service provided to you can be on bespoke basis and is valid for your use and our contractual agreement, unless otherwise specified. SECTION 5 – EDUCATION RELATED PRODUCTS OR SERVICES (if applicable) We have made every effort to display as accurately as possible the colours and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the provision of our product or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. SECTION 6 – EDUCATION SERVICES TERMS, RIGHTS AND OBLIGATIONS By continuing to accept our education service, which are comprised of provision of education materials, not only contained on this website but related to your classes, you hereby agree to abide by the below terms and conditions, inclusive of additional terms of service as laid out above and below the page. 6a. The educator will make “best effort” and provide appropriate motivation for the pupil, to learn the language effectively. The educator in addition, will provide all necessary materials for effective learning. 6b. The materials provided might be bespoke or prepared by us at Native English UK or provisioned by third parties for your personal education use only. You are not authorised or disseminate, distribute or upload copyrighted material to any other platform online or offline or make any part of the content available to the general public. These materials are only for your personal use and are strictly provided only for that reason only. 6c. For effective learning, the effort must be joint and equal by the pupil and educator, in this regard the pupil needs to be make best effort and display appropriate motivation to be complete the assigned tasks, maintain effectiveness of being on-time for lessons as agreed. Additionally, this is to also acknowledge, education and learning process is joint effort between the educator and the pupil, and not supposed to be in anyway intended to be taken as one-way effort, obligation or motivation. 6d. In case of cancellation of lessons or service agreement, the pupil must notify the educator in reasonable time. By reasonable time, the generally acceptable time is 12 hours or more. Unless there is emergency whereby, exceptions can be granted. This is to ensure; the educator has sufficient time to re-arrange the lesson or amend timetable or services. This is especially important when considering online education delivery, as some places might have difficult field conditions or booking, reservation restrictions. 6e. In case of “no show”, “sudden cancellation” without valid or appropriate explanation, we reserve the right to apply lesson penalties by charging payment percentage amount for the lesson for compensating the educator’s time and effort in preparing the lesson time, place and materials. In case of “no show” the fees are non-refundable and can constitute violation and termination of our service provision or contractual agreement between us. 6f. Pupil also hereby agrees to behave respectfully, appropriately towards the education, refrain from using unsociable, unparliamentary language, or make use of offensive language towards the educator SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any product or service, you place with us, without explanation. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Considering we are an international language school, our prices are in multi-currency and every attempt will be made to bill the client in local currency, nevertheless, even if the amount is billed in a currency other than billed, the transaction value will remain the same. For more detail, please contact us SECTION 8 – OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. SECTION 9 – THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. SECTION 11 – PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. SECTION 13 – PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Joshua Levy t/a Native English UK, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. SECTION 15 – INDEMNIFICATION You agree to indemnify, defend and hold harmless Joshua Levy t/a Native English UK and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. SECTION 16 – SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. SECTION 17 – TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). SECTION 18 – ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. SECTION 19 – GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of London, England & Wales, United Kingdom. SECTION 20 – CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

act fast nl

Scunthorpe

Act Fast is a well-established Independent School near Scunthorpe in North Lincolnshire. Act Fast has grown organically as the need for a high standard of provision has emerged and developed. The premise of Act Fast’s provision is that we are promoting the value of education to previously disaffected young people. what we do We operate a bespoke curriculum at Act Fast, which is both written and delivered by in house staff and is in line with the DfE Independent Schools Standards. We overtly deliver lessons in the following subject areas: Maths up to Functional Skills level 2 standard English up to Functional Skills level 2 standard Motor Vehicle Technology with the Institute of the Motor Industry up to level 2 standard PSHE (Including RSE) against a verified and recognised scheme Motocross, delivered by qualified and experienced staff Physical Education through a range of on-site and off-site activities. Art/Crafts Music Further to this, lessons in the following subject areas are delivered as embedded features of the timetabled lessons. Human and Social Understanding Aesthetic and Creative Scientific Technological British Values Our learners know if they work hard, they are awarded by riding the motorcycles here at Act Fast. This has proven to be successful, helping young adults to achieve their qualifications and have a positive attitude towards learning. Curriculum Act Fast has made a commitment to give every young person who is capable of the opportunity to reintegrate and to take a range of exams. For those subjects that Act Fast does not currently deliver, as we develop learners opportunities will increase. We are an accredited exam centre through OCR, NCFE, ABC, D of E, and when required will extend this to meet the needs of our learners. Our curriculum also enables and encourages learners to develop their interests and talents. We have a number of students here who have found their passion for music, learning how to play the guitar, as well as a large number of young, talented motorbike riders who love learning about riding, fixing and maintaining the bikes. It’s important to us to support our learners in keeping them physically and mentally healthy. We have access to: Mental Health Champions, outreach support and therapeutic counselling services, available to all our learners. We have regular sports activities within our timetable to encourage physical exercise, as well as access to local gyms and leisure centres. These activities help to prepare young people to access their community in adulthood. Hidden Curriculum Act Fast’s curriculum, throughout the range of its delivery, is heavily invested in the “Hidden Curriculum”. The Hidden Curriculum argument is that the most valuable lessons our young people receive here are to arrive on time, respect authority, follow instructions, keep regard for safety, take responsibility for their actions, behave in an acceptable standard, liaise with other people respectfully, and respect other people’s personal choices, encouraging equality and diversity. Other ways in which we promote equality and diversity include: Challenging negative attitudes amongst students. Setting clear rules regarding how people treat each other. Treating all students and staff equally and fairly. Using resources that have multicultural themes. Creating lessons that reflect and promote diversity in the classroom. Making sure that all students have equal access to participation and opportunities. Ensuring that all procedures and policies are non-discriminatory. Making sure that classroom materials never discriminate against anyone. Safeguarding protected characteristics throughout our culture and ethos. All of these things, to a greater extent than formalised subject lessons, will make them responsible, independent, resilient and above all else employable young people once they finish their school career. Act Fast has trained and qualified staff to recognise some of the barriers to learning that students face. These barriers might be due to Adverse Childhood Experiences and with knowledge and understanding of such issues Act Fast staff can help students overcome them to maximise their potentials. Referral, Application and Introduction After a referral is made to Act Fast, we invite a representative from the referring body (usually the Inclusion Officer), the learner and the learner’s parents into Act Fast for a familiarisation visit. During that visit the learner is given a tour of the facility, is introduced to key staff members and receives an explanation of the culture of Act Fast. Learners are given the opportunity to voice any concerns and any questions they have are answered. We set a high expectation on behaviour here, and partly because expectations are high, but also because more established learners mentor new arrivals, new learners very soon fall into compliance with our way of doing things. Act Fast works because our learners buy into the culture. This is the first opportunity that a young person has to involve themselves in how we operate here. Application forms must be completed prior to a young person starting at Act Fast. Once applications are complete, the referring body typically takes a few days (sometimes up to a week) to arrange their transport. Personal data will be stored and processed at this point, and details entered into our MIS system, Arbor. We insist on a Personal Learning Plan (PLP) meeting with stakeholders and the young person present within the first month. This allows any teething troubles to be voiced and solutions to be sought. Further PLP meetings are held regularly, no less frequently than once a term. At those meetings, Act Fast staff will deliver a report detailing the engagement of the young person, levels of educational attainment, attendance, general engagement, and commentary on the likelihood of a reintegration being successful. Reintegration planning must be tailored to suit the needs of the individual. Staff Investment Our staff all take part in quality training including regular CPD sessions and ongoing programmes of accreditation such as SSS online training (recently completed by all staff members). Training needs identified are acted on as soon as practical. The organisation believes and invests in the continuous professional development of its people. Our commitment to CPD is such that every member of staff has received CPD accredited training in the last 12 months. Our qualified teachers ensure pedagogical content methods are in place to deliver high standards of teaching for our young learners. We engage with our staff continuously here and know of the main pressures on them, including managing workload. We aim to support every staff member to help guide them throughout their career at Act Fast. Educational Framework It is our aim to provide an educational framework which is heavily invested in the hidden curriculum. By that, we mean that as well as lessons formalised in Maths and English for example, our young people develop an understanding of: working to a process arriving on time respecting authority abiding by the rules accepting that their first choice may not always be the right choice following instructions not expecting to leave early attending every day These are the skills whereby a young person will be employable post 16. Without these key skills, a young person is unlikely to be able to function in the workplace. We develop the hidden curriculum, embedded in everything we do, in order that our learners gain an understanding of their expectations being matched by the expectations of attendance, compliance and engagement We have a tracking system in place for our core subjects. We also use a “readiness to learn” scale, whereby a learners attitude, engagement, and involvement in their own work is measured. Bespoken When evolving Act Fast into an independent school I was very mindful that Mainstream school had not been a successful outcome for the majority if not all of our learners. It was imperative that we were bespoke and able to meet the needs of all our learners and not just the few. For this reason we created our own curriculum that is more sympathetic to our learners’ needs. Our teachers create an environment that allows our young people to focus on learning. 1:1 support as well as small group teaching (where appropriate) is in place to make teaching more effective, allowing tutors to concentrate on each individual learner’s needs. We believe in student voice here at Act Fast. Our EHCP’s (Educational Health Care plans) allow us to capture our learners’ views. It’s not only in our annual reviews that we give learner’s opportunity to be heard. For example, one young adult suggested we invested in a bigger bike here, so we put arrangements in place and made this happen. We encourage our learners to make their voices heard. Below are some examples of student voice council meetings held at Act Fast and how they shape decisions made at the school. Student Voice Meeting 040322 We have effective arrangements to identify learners who may need early help or are at risk of neglect, abuse, grooming or exploitation. We strongly promote our policies and legislation such as safeguarding, diversity and equality of our staff and learners at Act Fast. Ofsted Report 2022 Best Bits: “Act Fast school is a place where the proprietor and staff go the extra mile to support the pupils who attend. It has a unique vision of how to ‘hook’ pupils back into education, and it is successful in doing so. Act Fast has started to re-engage pupils who have experienced difficulties in their education”. “Parents believe that, finally, a school ‘gets’ their child. The wider curriculum, built around motor-cross, is a distinctive feature of the school. It motivates pupils to attend and to behave well. For those pupils who do not wish to ride the bikes, staff work with them to find alternatives. The proprietor and staff have limitless ambition for what pupils can achieve in their personal development. At the heart of this is a patient, careful building of relationships, and, in many cases, a re-building of trust between the pupil and their experience of education.” “The special educational needs coordinator (SENCo) has a strong understanding of the requirements of pupils with special educational needs and/or disabilities (SEND). Recently, the SENCo has started to work with a senior leader to more effectively incorporate pupils’ SEND targets from their education, health and care (EHC) plans into teachers’ planning.” “Leaders have also recently taken action to improve the school’s support for pupils’ reading. For instance, a primary specialist has been appointed with experience of teaching phonics to the weakest readers. The English lead is in the process of building a programme to encourage pupils to read widely and for enjoyment. Leaders’ wider curriculum for pupils’ personal development is, to very large extent, a strength of the school.” “The proprietor’s vision for getting young people who have had difficult experiences of school back into education is impressive. It is backed up by an innovative personal development curriculum, built on a range of activities that take place in the afternoons. These include a variety of motor vehicle-related opportunities, as well as visits out of school to a range of venues. Recently, for instance, pupils have started to be taken to a local engineering firm to participate in a scheme to broaden their career aspirations. Pupils know that there is a plan in place for them to make a suitable next step into further education or training at the end of Year 11.” Improvements: “Leaders’ PSHE curriculum includes reference to the protected characteristics and the school is a respectful community: however, coverage of the protected characteristics in the curriculum strategy is not as detailed as it could be, so pupils’ understanding is not as developed as it could be. Leaders should revisit their curriculum thinking for PSHE so that teaching of the protected characteristics is made more overt.” “The current curriculum is based on a limited set of qualifications in two subjects. For a registered special school, this lacks ambition. As a result, pupils experience a narrow curriculum, including a limited suite of qualifications. Leaders should take action to broaden and deepen their curriculum so that pupils have opportunities to study a wider range of subject content, organised coherently and cumulatively over the entire secondary and post-16 phases; and, for those who are capable, to a higher level of accreditation.” “Leaders have not taken the required action with regard to the statutory guidance for the teaching of RSHE. Consequently, parents have not been made aware of the school’s policy and their parental rights within the policy. Also, the teaching of Inspection report: Act Fast NL Ltd. RSHE is not clearly planned in the school’s curriculum. Leaders should take action to be compliant with the statutory guidance and to ensure that curriculum thinking incorporates structured RSHE teaching.”

wrexham foyer

Denbighshire,

In this document the expression ‘we’ refers to, ClwydAlyn Housing Limited, Tir Tai Limited, PenArian Limited and Tai Elwy Limited, that provides housing and related services across North Wales. Each entity is the controller of its own personal data although data may be processed by other Group members on its behalf This privacy notice sets out how ClwydAlyn collects and uses information about you. Please read this privacy notice carefully to understand how we will use your personal information. If you have any questions or queries in relation to this privacy notice, you can contact our Data Protection Officer at: datacontroller@clwydalyn.co.uk 72 Ffordd William Morgan, St Asaph Business Park, St Asaph, Denbighshire, LL17 0JD 0800 1835757 (freephone from a landline) or 01745 536800 This privacy notice explains: What information we may collect about you How we use your information Contacting you Sharing your information Our legal basis for collecting, holding and using your information Security and storage of your information Your rights 1.What information we may collect about you The information we collect about you depends on why we are dealing with you. For example, if you make a housing application or become one of our tenants, we will need more information from you than if you are merely making an enquiry. We may collect the information about you in the following circumstances: If you call our Contact Centre When you call our contact centre we collect Calling Line Identification (CLI) information. We use this information to help improve its efficiency and effectiveness. We record calls for training and monitoring purposes. Additionally, our call handlers will make a record of your call in order to manage your query. We may need to share information with other organisations within or outside ClwydAlyn in order to respond to your call, for example so that we can organise maintenance or repairs or other support. We will usually tell you if it is necessary for us to pass information on to other organisations. If you email us Any email sent to us, including any attachments, may be monitored and used by us for reasons of security and for monitoring compliance with office policy. Email monitoring or blocking software may also be used. Please be aware that you have a responsibility to ensure that any email you send to us is within the bounds of the law. If you make a complaint to us When we receive a complaint from a person we make up a file containing the details of the complaint. This normally contains the identity of the complainant and any other individuals involved in the complaint. We will only use the personal information we collect to process the complaint and to check on the level of service we provide. If a complainant doesn’t want information identifying him or her to be disclosed to any person that the complaint is about, we will try to respect that. However, it may not be possible to handle a complaint on an anonymous basis. Similarly, where enquiries are submitted to us we will only use the information supplied to us to deal with the enquiry and any subsequent issues and to check on the level of service we provide. If you use our services We hold the details of the people who request and use our services so that we can provide these services and for other closely related purposes. For example, we use information about our service users to develop and improve our services and to make sure we are delivering services to different groups fairly. If you apply for housing or become a tenant, there is certain information that we require in order to process your application and manage your tenancy. If you do not provide us with this information, we will not be able to progress your application. When you visit our websites We automatically collect certain information when you visit one of our websites. Please see Use of Cookies below for more information about this. When you use our customer portal, you are able to view information held in our housing management system, including personal details, account statements, tenancy information, repair history and pay your rent / service charges. Please note that we use a third party provider, Verseone to support our customer portal. Information we receive from others We work closely with other organisations, such as local councils, police forces, voluntary sector organisations, other housing providers and our contractors, and we may receive information about you from them. If you visit our premises We may ask you to sign in and out if you visit staff or residents at our premises. Access is controlled for the purposes of building and occupant security. Access is recorded to assist with fire and other evacuation procedures. Furthermore, your image may be captured on CCTV to monitor and collect visual images for the purpose of security and the prevention and detection of crime. If you use our Wi-Fi or computer to access our IT systems, access and activity may be monitored to prevent misuse of Group property, according to our IS Corporate policies. Job applicants When individuals apply to work for us, we will only use the information they supply to us to process their application and to monitor recruitment statistics. Where we want to disclose information to a third party, for example where we want to take up a reference or obtain a ‘disclosure’ from the Criminal Records Bureau we will not do so without informing them beforehand unless the disclosure is required by law. Personal information about unsuccessful candidates will be held for 12 months after the recruitment exercise has been completed; it will then be destroyed or deleted. We retain de-personalised statistical information about applicants to help inform our recruitment activities, but no individuals are identifiable from that data. Once a person has taken up employment with us, we will compile a file relating to their employment. The information contained in this will be kept secure and will only be used for purposes directly relevant to that person’s employment. Once their employment with us has ended, we will retain the file in accordance with the requirements of our retention schedule and then delete it. If you are a member of one of our Boards, Committees or Panels We may ask for personal details for managing and statistical purposes. 2.How we use your information We process your personal information primarily in connection with managing our housing services. If you are a tenant, this includes managing your tenancy and dealing with any applications, queries or complaints that you make. Examples of how we use your information include: to confirm your identity to assess your suitability to access any of our services to manage your tenancy, care or support to ensure our properties are appropriately maintained and in accordance with legal obligations, such as periodic gas safety checks to notify you about important changes to our services to let you know about other relevant services, both ours and those of other parties whose products and services we have agreed should be made available to you (see the section below on 'Contacting you' for more information about this) to update and correct our records to carry out statistical and market analyses, including benchmarking exercises, to enable us to understand you better and improve our services, and in accordance with our operating Regulations to develop, test and improve our systems to ensure that content of our website is presented in the most effective manner for you and for your computer to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes to comply with other legal obligations, such as Health and Safety laws or safeguarding vulnerable people We may combine information we receive from other sources with information you give to us for the purposes set out above (depending on the types of information we receive). 3.Contacting you We will use your contact information to send you important information via letters, emails, text messages, or otherwise to telephone you. We may record telephone calls for security and training purposes. We may use the information we hold about you in order to provide you with information about our services which we feel may interest you. You can opt out of receiving marketing communications at any time, although please note that we will continue to send you important messages about your tenancy. If you have changed your mind about being contacted for marketing purposes, please contact our Customer Services Team on 0800 1835757 (freephone from a landline) or 01745 536800 to update your preferences. 4.Sharing your information We do not sell your information to any third party, but in certain limited circumstances we may disclose your personal information to: any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985; and/or other third parties in the following circumstances: if we are under a duty to disclose or share your personal data in order to comply with any legal obligation; in order to enforce or apply our terms and conditions and other agreements; to protect the rights, property, or safety of ClwydAlyn, our customers, or others; to investigate or prevent a crime. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; to obtain any professional advice; and/or with your consent. 5.Our legal basis for collecting, holding and using your information Data protection law sets out various lawful legal bases (or ‘conditions’) which allow us to collect, hold and use your personal information: Where you have entered into a contract or contracts with us, we may need to use your information to provide you with our services. An example of this is where you have a tenancy with us. Where we are under a legal obligation which requires us to process your personal information. For example, notifications of Health and Safety incidents. We will sometimes use your personal information based upon your consent. We will always tell you where this is the case and ask you to agree before we process your information. An example of using your personal information with your consent is publishing your image as part of a photograph on our website. Finally, sometimes it is necessary to process your personal information for the purposes of our own legitimate interests. We will only do so where these interests are not overridden by the interests and fundamental rights or the freedoms of the individuals concerned. An example of this is when we may contact you about your experience of contacting our Customer Services Team or a recent repair to your property. Data protection law recognises certain "special categories" of personal information, which is information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic information, biometric information for uniquely identifying a person, information concerning health, and information concerning a person's sex life or sexual orientation. Information about criminal offences and records is placed in a similar category. These special categories of personal information are considered particularly sensitive and so we will only collect and use this information where you have given us your explicit consent or where we consider it necessary to do so. 6.Security and storage of your personal information The information about you that we collect may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for one of our suppliers. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. We will generally keep personal information about you no longer than is needed for as per our Retention Policy. 7.Your rights You have the right to request from us access to your own personal information. This is sometimes known as a 'subject access request'. You also have the right to ask us not to process your personal data for direct marketing purposes. We will tell you if we intend to use your data for this purpose or if we intend to disclose your information to any third party for this purpose. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data or by contacting our Customer Services Team on 0800 1835757 (freephone from a landline) or 01745 536800. From 25 May 2018, you will have additional rights to request from us: That any inaccurate information we hold about you is corrected That your information is deleted That we stop using your personal information for certain purposes That your information is provided to you in a portable format That decisions about you are not made by wholly automated means Many of the rights listed above are limited to certain defined circumstances and we may not be able to comply with your request. We will tell you if this is the case. If you choose to make a request to us, we will aim to respond to you within one month. We will not charge a fee for dealing with your request.

moderntronics

Harrow,

In these terms and conditions (“Conditions”) the following expressions shall have the following meanings: “Business Day” means any day other than Saturday, Sunday or a public holiday. “Business Hours” means the hours detailed in Condition 32 below. “Contact Hours” means Monday to Friday (inclusive) from 07:00 hours to 17:00 hours but excluding bank holidays. “Contract” means any contract between MT and the Customer for the supply of Hardware and/or Software (with the associated Licence) and/or services which is subject to these Conditions. “Customer” means any person, firm or company who enters into a Contract with MT to which these Conditions apply. “Force Majeure” means any event outside the reasonable control of either Party affecting its ability to perform any of its obligations (other than as to payment) under these Conditions. “Goods” means all or any tangible or intangible goods or intellectual property including but not limited to Hardware and Software which are provided to a Customer in accordance with these Conditions. “Hardware” means any hardware provided by MT to the Customer. “MT” means MODERNTRONICS Ltd. or its servants and agents as the case may be. “Insolvency Event” means any one of the following in relation to the Customer: (i) a notice being issued to propose a resolution for winding up or dissolution, or such a resolution being passed; (ii) a petition for a winding up or an administration or bankruptcy order being presented, or such an order made; (iii)any steps being taken with a view to a voluntary arrangement or other assignment, composition or arrangement with all or any creditors or any moratorium, readjustment, rescheduling, forgiveness or deferral of all or any indebtedness; (iv) suspension of payments to all or any creditors and/or ceasing business; (v)an encumbrancer taking possession of all or any assets; (vi) an administrator or receiver being appointed over the Customer or all or any of its assets; (vii)any action anywhere similar or analogous to any of the foregoing; or MT reasonably believing that any of the foregoing is imminent. “Licence” has the meaning attributed to it in Condition 23 below. “Minimum Term” means the term set out in Condition 17 below. “Party” means MT or the Customer and “Parties” means both of them. “Response Time” means two Working Hours from an initial call to the hotline under Condition 26 or 28 below. “Seminar” means any seminar provided by MT. “Service Operator” has the meaning given to that term in Condition 28 below. “Site” means https://www.moderntronics.com and all subdomains including (but without limitation) “Software” means software or software updates or upgrades provided by MT and licensed to the Customer under Condition 23 below. “Training Sessions” means any training session provided by MT. “Working Hours” means the hours between 9:00 to 17:00 on any Business Day 2. Interpretation In these Conditions, the following rules apply: A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). A reference to a Party includes its personal representatives, successors or permitted assigns. A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted. Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. A reference to writing or written includes faxes and e-mails. 3. General Information These Conditions apply when MT: sells and delivers Hardware; sells and delivers Licences; sells and delivers Software; or provides repairs or any other services to the Customer. They will also apply to other business transactions unless MT agrees that alternative special conditions apply. These Conditions apply to the exclusion of any other conditions that may be proposed by a Customer or implied by law (insofar as such exclusion is lawful). Part II Specific Provisions for the Use of the Online Shop Customers purchasing Goods from the Site, must read all Parts of these Conditions, which apply to them in full. 4. Consumers The Goods and services provided by MT are designed only for sale to and use by businesses in the course of their business activities. MT does not knowingly sell to any person dealing as a consumer or supply anything for personal use. 5. Customer’s Status By placing an order on the Site, the Customer warrants that he or she is: legally capable of entering into binding contracts and, where the Customer is an individual, that he or she is at least 18 years old; and is dealing in a business capacity and purchasing Goods and/or services for the purpose of his business and not for personal use. Part III General Conditions for the Provision of Goods and Services 6. Formation of Contract Quotations provided by MT to the Customer are not binding on MT. The Customer’s order constitutes an offer to MT to buy the Goods or services. All orders are subject to acceptance by MT. The offer will be deemed accepted, and a Contract formed, when MT sends the Customer confirmation that the Goods have been dispatched (“Dispatch Confirmation”) or, in the absence of a Dispatch Confirmation, when the Goods are delivered. The Contract will only relate to those Goods whose dispatch is confirmed to the Customer by a Dispatch Confirmation or if no Dispatch Confirmation is sent, those Goods which are actually dispatched. MT is not obliged to supply any Goods which may have been part of the Customer’s order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation. Subject to Condition 17 below, an order for services will be deemed to have been accepted, and a Contract formed, when MT sends the Customer confirmation that the services ordered will be provided (“Service Confirmation”) or, in the absence of a Service Confirmation, when the services begin to be provided. Oral representations will only be binding upon MT if they are expressly confirmed in writing by MT to the Customer. 7. Price Unless MT expressly specifies prices to the Customer, MT’s current list of prices applicable at the time of the acknowledgement of order will apply. Unless otherwise agreed in writing, all prices are exclusive of value added tax, postage, freight, insurance, forwarding fees, installation and commissioning, travelling expenses and subsistence, which will be added as appropriate. MT will charge overtime for work outside of their normal Business Hours at up to 150% of the hourly rate from time to time applicable during Business Hours. Subject to Condition 16 below, prices are liable to change at any time, but changes will not affect orders in respect of which MT has already sent the Customer a Dispatch Confirmation or a Service Confirmation as the case may be. The Site contains a large number of products and it is always possible that, despite MT’s efforts, some of the products listed may be incorrectly priced. MT will normally verify prices as part of dispatch procedures so that, where a product’s correct price is less than our stated price, MT will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, MT will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. MT is under no obligation to provide any Goods or services to the Customer at an incorrect (lower) price, even after MT has sent a Dispatch Confirmation or a Service Confirmation in relation to those Goods or services if such incorrect price could reasonably have been expected to be recognised by the Customer as an error. 8. Delivery and Availability The Customer’s order for Goods will be fulfilled by the delivery date in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date the Customer made his order (where such an order leads to a Contract). The period for delivery or performance of the Contract will normally commence on MT’s acknowledgement of the order. However, if the Customer is required to do anything before MT can effect delivery, MT will, as soon as practicable, notify the Customer accordingly. The time within which MT must deliver any Goods will run from the date on which MT receives notice from the Customer that it has duly complied with such notification from MT. Unless otherwise agreed in writing, any periods mentioned in the acknowledgement of order for services and Software development are based on a preliminary estimate of the required workload and therefore are approximate only. Time of delivery and performance is not of the essence. If MT fails to meet any delivery or performance dates set out in the acknowledgement of order and is solely responsible for such failure, the Customer may terminate the Contract but only after MT has been given an opportunity to rectify the situation and subsequently fails to meet the revised set of delivery or performance dates provided by MT to the Customer in writing. Unless MT has been deliberately or grossly negligent, all further claims of the Customer on the basis of the delay in performance are excluded. If MT cannot deliver or perform its obligations under the Contract due to Force Majeure or a failure of the Customer to cooperate or any other act, default or omission of the Customer, then MT will be entitled to perform its obligations under the Contract once the issue has been resolved, provided the issue occurred while MT was still allowed to deliver or perform and MT shall have no liability whatsoever for any delay or its failure to perform its obligations. 9. Agreed Performance Unless specified otherwise in writing, the agreed performance in respect of any repairs provided by MT, at the Customer’s request will be to adjust the relevant unit(s) to MT’s applicable standard specifications for that unit. Where the relevant unit(s) cannot be repaired to MT’s applicable standard specification due to the Customer limiting the repairs required or the time and money to be invested MT may exceed the Customer’s request if MT considers, at its sole discretion, that such additional repairs are reasonable and will ensure the proper functionality of the unit in question. The agreed performance levels for MT’s maintenance and care services are as set out in Conditions 26 and 28 below; for all other services the agreed performance levels will be as set out in the acknowledgement of order. 10. Refunds Where the Customer returns Goods (at the Customer’s cost) because he or she claims that the Goods are defective, MT will examine the returned Goods and will notify the Customer of its findings within a reasonable period of time. If MT (in its sole discretion) deems that the Goods are defective, MT may at its option repair, replace or provide a refund in respect of such defective Goods. MT will process any repair, replacement or refund as soon as practicable and, in the case of any refund, within 30 days of the day MT confirmed to the Customer that the Customer was entitled to the same. Such refunds will be made in full, including a refund of any delivery charges for sending the item to the Customer. 11. Import Duty If the Customer orders Goods for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Customer will be responsible for payment of any such import duties and taxes. Please note that MT has no control over these charges and cannot predict their amount. Customers should contact their local customs office for further information before placing an order. Customers must comply with all applicable laws and regulations of the country for which the Goods are destined. The Customer will indemnify and keep indemnified MT in respect of all costs, proceedings, losses and liabilities resulting from any breach by the Customer of any such laws. 12. Retention of Title to Property The Goods will be at the Customer’s risk from the time of delivery. Property in and title to all Goods will remain with MT until MT has received payment for the full price of all the Goods (and/or all other goods and/or services supplied by MT to the Customer under any other contract whatsoever).. The Customer may sell or use Goods in which title is retained during the course of their normal business, but may not give such Goods by way of pledge or pledge these Goods as security. Until the property in and title to the Goods passes to the Customer: the Customer shall keep the Goods properly stored, protected and insured and separate from all or any other goods whether belonging to MT, the Customer or any third party; MT shall be entitled at any time forthwith to revoke the Customer’s power to deal with the Goods; and such power shall automatically cease if an Insolvency Event shall occur in respect of the Customer; and the Customer shall not make any modification to the Goods, the Software or their packaging or alter, remove or tamper with any marks, numbers or other means of identification used on or in relation to the Goods. Upon termination of the Customer’s power to deal with the Goods, the Customer shall place the Goods at the disposal of MT and MT are hereby irrevocably authorised without the need for consent of any third party but using only such force as may be necessary, to enter upon any premises of the Customer or any third party for the purpose of removing the Goods. If third parties claim title to Goods with retained title, the Customer will inform MT without delay, will notify the person making the claim of MT’s title and will support MT in enforcing its rights, including taking all the necessary steps required to preserve MT’s rights, including commencing litigation at the Customer’s own expense. If the Customer breaches the Contract, e. g. by delaying payment, the Customer will be obliged to return the Goods with retained title if requested by MT, in return for which MT will not terminate the Contract. 13. Payment Where services, maintenance or care are provided on an ongoing basis, MT will invoice the Customer for these at the beginning of the billing period or as soon as reasonably practicable thereafter. The Customer will pay MT’s invoices in full within 30 days from the date of the relevant invoice. Depending on the scope of an order, payments for such services, maintenance or care are due either upon placement of the order by the Customer or upon partial delivery of the same of between 40 to 50% of their respective order value. BACS or cheque are the only methods of payment accepted. Invoices for Seminars and Training Sessions will be issued at the beginning of the respective session and payment is due immediately and without deduction. 14. Delay of Payment Where a Customer fails to pay an invoice by the due date, MT will be entitled to charge the Customer interest on all monies outstanding from the due date until the actual date of payment (both before and after judgment) at a rate of 8% above the base rate of the Bank of England calculated on a daily basis. 15. Setting-Off and Refusal of Payment The Customer cannot exercise any right of set-off in respect of amounts owed to or by MT. 16. Change of Pricing by MT for Ongoing Maintenance or Care MT may increase its prices for maintenance and services by giving the Customer written notice 2 months prior to the end of the Minimum Term. The Customer has 4 weeks from the date of receipt of the written notice from MT to object to the change. Where the Customer so objects, the Customer will be entitled to give notice to MT to terminate the Contract as of the date of the proposed price increase. 17. Automatic Extension of Contract Where services, maintenance or care are performed on an ongoing basis the Contract will come into effect upon acceptance by MT of the first order from the Customer for Software maintenance. The Contract will initially run until the date specified at “Minimum Service Duration” as set out in the “MT Service Product List” or until the expiry date where an expiry date is stipulated in the Contract (“Minimum Term”). Subject to one of the Parties serving written notice of termination on the other at least three months prior to the expiry of the Minimum Term, the Contract will be extended automatically. In the case of Software Licences supplied without a time limit, the Contract will extend until December 31st of the current year. The subsequent extension periods will begin on January 1st and end on December 31st of the respective year. In the case of Software Licences supplied with limited validity (e.g. a licence for 1-year) the extension is based on the terms and conditions set out in the description of the respective licence (e.g. extension by one further year). Unless otherwise agreed in writing, any extension to a Contract will be on the basis of MT’s current price list as at the date of such extension. 18. Delivery Obligations and Shipping The conditions for EXW (ex works) (MT’s premises or such other place referred to in the relevant order) as set out in the Incoterms 2010 apply to delivery of any Goods. Claims for any transport damages and any replacement of damaged Goods, remain with the Customer who is responsible for adhering to the mode and period for the filing of any claims with carriers, shippers and insurers. 19. Scope of Warranty (Material Deficiencies and Deficiencies in Title) MT warrants that the Hardware is free from defects in workmanship and material as at the time of transfer of risk; and warrants that the Software does not contain any flaws which void or substantially reduce its value or suitability for the usual or contracted purpose. Where MT is not the author of the Software, MT does not warrant that such Software will run without interruptions or errors, nor that MT will be capable of resolving all Software errors, nor that the Customer will be capable of achieving all of the functions included in the Software in all of the combinations chosen by the Customer, nor that these will meet the Customer’s requirements. MT will only warrant the quality and/or durability of Goods if it has expressly agreed in writing with the Customer that it will do so. The warranty period is 1 year. Where MT is the author of the Software such Software is subject to MT’s standard warranty. 20. Obligation to Inspect and Serve Notice of Defects The Customer must inspect the Goods upon delivery or repair and must notify MT in writing of any failure by MT to meet the specification within 7 days of delivery or repair or (where the failure was not apparent on reasonable inspection) within a reasonable time being no more than 1 month after discovery of the failure. Where the Customer fails to provide such notice MT will have no liability under its warranty. 21. Liability Subject only to Condition 21 d), MT shall not be liable to the Customer in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss or damage which the Customer may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of the Contract by MT, its servants or agents, in a sum which is greater than GBP 200,000 per incident or series of connected incidents. Subject only to Condition 21 d), MT shall not be liable to the Customer whether in contract or tort (including without limitation negligence and/or breach of statutory duty) for indirect loss of any kind resulting from these Conditions, its performance or any breach of its terms. Subject only to Condition 21 d), MT shall not be liable to the Customer whether in contract or tort (including without limitation negligence and/or breach of statutory duty) for indirect economic loss of any kind including (but without limitation) loss of business opportunity, reputation, goodwill resulting from these Conditions, its performance or any breach of its conditions. Notwithstanding any other provision herein, nothing in these Conditions shall operate so as to limit or exclude MT’s non-excludable liability in respect of death or personal injury caused by the negligence of MT to exclude the application of Section 12 of the Sale of Goods Act 1979 and to exclude liability for fraudulent misrepresentation. MT’s liability for loss of data is limited to the effort required to restore the data from proper backups provided by the Customer. 22. Third Party Rights If any third party claims or takes action against the Customer, because Goods delivered by MT, or their use in accordance with the instructions provided by MT, purportedly violate their commercial rights or proprietary rights, then the Customer will inform MT of the same. MT agrees that they will assist the Customer in defending such claims. Where the claim is made to the Customer within 12 months of the date of delivery, MT will indemnify the Customer against claims provided that the Customer: appoints MT to defend the claims or to settle the dispute, and promptly notifies MT of any such claim, keeps the Customer informed of all information received and provides such reasonable assistance to MT as it shall reasonably require, does not defend the action itself without coordinating such defence with MT, and does not at any time admit liability or otherwise settle or compromise or attempt to settle or compromise the said claim or action except upon the express instruction of MT, the alleged breach of rights is not based on alteration of the delivered item used by the Customer, and does not use the item delivered by MT in conjunction with other items and/or in a fashion that breaches any such rights, in a situation where the use of the item as delivered by MT would not have breached the rights of the person who has filed the claim. MT may at any time and at its own expense acquire on behalf of the Customer the right to continue to use the Goods, to replace the Goods or alter them in such a fashion that the rights of others are no longer breached. If this is not possible, the Customer shall return or destroy the Goods if required to do so by MT who will reimburse the purchasing price for the Goods less depreciation. If the Customer refuses to do so, MT will no longer defend the claim or provide the Customer with any further support. The Customer has no further rights in case of disputes over proprietary rights with third parties and MT shall have no liability therefore unless MT could be blamed for acting deliberately or with gross negligence. Part IV Special Conditions for Delivery of Software 23. Conditions of Use for Delivered Software In the case of delivery of Software to the Customer, MT hereby grants the Customer a simple, non exclusive and non-transferable, licence to use the Software (“Licence”) . The validity of the Licence is not time limited, unless otherwise specified to the contrary in the terms and conditions of the Licence. MT, grants the Customer the use of such Software in the form of the object code and the user documentation with the use being restricted to one electronic data processing system at any one time and only for the tasks for which it is intended. Unless permitted by law, the Customer will not decompile the Software or perform reverse engineering. The Customer may duplicate the Software but only to the extent that this is required for the permitted use, and in order to allow it to perform data backup. Upon delivery of any Software, including updates and upgrades, the Customer will immediately produce a backup copy. MT may terminate the Licence granted to the Customer pursuant to this Condition 23 with immediate effect if the Customer is in breach of the conditions for the use of the Software for a period of 30 days from the date of a written notice of such a breach from MT or any third party. On termination of this Contract howsoever arising, the Customer will return to MT within 30 days all Software together with any related materials owned and licensed by MT and shall delete all copies and partial copies of the Software however stored within 7 days of service of the notice. Proof of such deletion must be provided to MT without delay. On receipt of prior written consent from MT, the Customer may retain a copy of the Software for the purposes of archiving. 24. Delivery of Software MT will only install the Software if this has been expressly agreed in writing between the Customer and MT. MT is able to provide telephone consultancy and support concerning questions relating to the application of the respective Software products as well as the solution of problems that may occur as provided for in Condition 26 below. 25. Prerequisites for Running the Delivered Software The proper running of Software systems supplied will only be guaranteed if the Hardware and operating system components used correspond to the reference systems of the respective manufacturer(s), as well as having been approved and certified. Unless otherwise agreed in the Contract, the Customer shall ensure that the provisions in this Condition 25 are complied with. Part VMaintenance and Care Application Software 26. Scope of Performance of MT Services for Application Software For the Software products, unless otherwise expressly agreed in writing, MT will provide the following services, denoted by Service Level “SW-Service STANDARD” and Service Level “SW-Service E-STANDARD”: Right to use Software and documentation updates: MT grants the Customer a non-transferable, non-exclusive Licence to use the Software and any documentation or updates. The right of use is not limited in validity, unless otherwise specified in the terms and conditions of the Licence. Software and documentation updates: MT will supply the Customer with the current version of the Software as specified in the Contract. This will be done as specified by the manufacturer of the Software. The documentation will be supplied in the form determined by the manufacturer of the Software. The installation of Software updates will be performed by suitably qualified personnel of the Customer. Alternatively for an additional charge, MT may install the Software updates on behalf of the Customer. Where the Customer has adapted the Software, the Customer will be liable for the additional cost of performing the same adaptation to the new version of the Software or alternatively the Customer may perform the necessary adaptation himself. Hotline (Service Level “SW-Service STANDARD” only) MT is able to provide consultancy and support by telephone or by e-mail in relation to queries relating to the application of the respective Software products as well as the resolution of any problems (in so far as it is reasonably practicable to do so) which may occur. This service will be provided by MT during the Contact Hours: Wherever possible, qualified consultancy will be provided by MT within the Response Time. E-mail Hotline (Service Level “SW-Service E-STANDARD” only) MT is able to provide e-mail consultancy and support in relation to queries relating to the application of the respective Software products as well as the resolution of any problems (in so far as it is reasonably practicable to do so) which may occur. This service will be provided by MT during the Contact Hours Wherever possible, qualified consultancy will be provided by MT within the Response Time. MT Hotline: E-mail: hotline@MT.com Internet: http://www.MT.com/customersupport Software error messages Where Software problems occur which MT is unable, for whatever reason, to resolve, the Customer may send a written error message to MT. The purpose of such an error message is to identify the error in the Software and enable the manufacturer to resolve the error. MT shall liaise with the manufacturer(s) of the Software products to resolve any Software errors as promptly as possible. Restoration of any data, regardless of the cause of the data loss, is not the responsibility of MT. 27. Obligation of the Customer to Co-operate Pre-conditions for the provision of the services by MT to the Customer are that the Customer has legally acquired the Software and holds a corresponding Licence to use it. In addition, the Software must be in the same condition that it was in when it was delivered. The services exclusively relate to the current release and delivered version of the Software. If earlier Software versions are used, a one-time update service which will be independently invoiced and paid for by the Customer will be provided to update the Software to the latest version. Services will not be performed for Software adaptations made by the Customer (for example including but not limited to macros, programs, variants, user interfaces and database applications). If the operating system for the Hardware is not included in the Contract, the Customer must update the operating system to the most recent version (e. g. by purchasing updates) if this is required in order to use the new versions of the application Software. Hardware and Operating Systems 28. Scope of Performance of MT Maintenance and Care Services for Hardware and Operating System For Hardware products and the operating system, unless otherwise agreed in writing, MT will provide the following services, denoted by Service Level “HW-Service SPECIAL”: The scope of performance is briefly set out in the “Special Description” for each product listed in the attached “MT Service Product List”. The exact scope of performance will be determined in accordance with the attached description of performance issued by the respective MT service operator (“Service Operator” including but not limited to Hewlett-Packard, Fujitsu Siemens and Silicon Graphics). The following shall also apply: Hotline MT is able to provide consultancy and support by telephone or by e-mail in relation to queries relating to the application of the respective Hardware products and operating system, as well as the resolution, (in so far as it is reasonably practicable to do so) of any problems which may occur. This service will be performed by MT during the Contact Hours: Wherever possible, qualified consultancy will be provided by MT within the Response Time. Where queries arise outside of the Contact Hours, the Customer should address such queries directly to MT’s Service Operator Response time for Hardware failures MT will use reasonable endeavours to solve a query within the Response Time. The Response Time shall be deemed to have been initiated either as soon as the customer service personnel arrives on the relevant site, or as soon as remote diagnosis is started, where either is required to resolve the problem. The appropriate Response Time will be determined in accordance with the attached description of performance issued by the respective MT Service Operator. 29. Services Not Included Unless otherwise agreed in writing, the following services will not be provided by MT to the Customer: a) Repair/re-acquisition of devices that have been damaged as a result of: incidents of war of any type civil wars, nuclear energy, deliberate action of the Customer (not of his subcontractors) b) Repair/re-acquisition that is required because of repair work or alterations of devices carried out by the Customer or any third party without the prior written consent of MT. c) Work required due to interface problems between MT’s devices and those of other manufacturers and suppliers. d) Customer service which is required because a product that is not covered under this Contract has caused an error. e) Customer service that has become necessary because devices have been used under adverse conditions (e.g. including contaminations and deviations from recommended room temperature and relative humidity) or in conjunction with accessories or (device-specific) consumables (e.g. including foreign disks, disk stacks, cassettes, printer paper and print heads of any type) (“Device Specific Consumables”) which do not meet the manufacturer’s specifications. f) Replacement of Device-Specific Consumables. g) Data backup. h) Calibration work that is not related to repair. 30. Restoration of Data/Programs The restoration of data and programs upon repair or replacement of a defective hard disk is limited to starting the copying program (Restore) used to restore the last full data backup. 31. Obligation of the Customer to Cooperate a) Hardware service Pre-conditions for the provision of Hardware services by MT are that the Hardware has been acquired legally and has been installed properly at the Customer’s site. In addition the Hardware affected must correspond to the current revision and be in proper condition when including in the Contract. These pre-conditions shall be met immediately after the expiry of the warranty period specified in the Contract. If the Hardware is included in the Contract at a later date, these pre-conditions must first be confirmed by a takeover inspection of the Hardware by MT, which will be independently invoiced and paid for by the Customer, and if required the pre-conditions will be achieved by MT undertaking the required repair work. b) Operating System Service Pre-conditions for the provision of operating system services are that the Customer has legally acquired the Software and has been granted the necessary corresponding Licence to use it. In addition the Software must be in the same condition as when it was delivered to the Customer. The services exclusively relate to the current release and version of the Software. If earlier Software versions are used, a one-time “Update Service” which will be independently invoiced and paid for by the Customer will be provided to update the Software to the latest version. Operating System services will not be provided for Software adaptations made by the Customer (for example including but not limited to macros, programs, variants, user interfaces and database applications). Part VI Generally Applicable Conditions 32. Prices and Fees for Special Services The following items are not included in the payment for services under Conditions 26 and 28 above and will be invoiced separately in accordance with MT’s current price list: Services performed outside Working Hours on the express request of the Customer. Services to correct errors caused negligently by the Customer or by any unauthorised third party as a result of improper treatment, unsuitable operating media, unauthorised manipulations, Software manipulations, non-adherence to operating conditions or otherwise. ices required due to faulty handling, excessive vibration, chemical influence, excessive dust burden or non-adherence to the properties set forth in the unit specifications. Unreasonable wait times and delays in the performance of services which are caused by the Customer. Services to remedy failures caused by Force Majeure. 33. Backup of Customer Data Prior to the commencement of any service work undertaken by MT, the Customer will backup all data in such a way that it may easily be restored by MT in the event that it is lost in the service process. 34. Change of Installation/Application Site Where maintenance and care services are provided on an ongoing basis by MT, the Customer will immediately inform MT in writing of any change to the installation or application address. If such a change results in an increase in MT’s expenses. MT reserves the right to either increase the prices charged to recover the additional expense incurred or alternatively MT may serve notice on the Customer to terminate the Contract where the new address is outside United Kingdom. 35. Miscellaneous Service Conditions and Obligations of the Customer to Co-operate MT may appoint authorised third parties to provide services. The Customer may only transfer title to services to third parties with the prior written consent of MT. Where defective components or devices are replaced by MT, these will become the property of MT. Extension of the products included in the maintenance agreement may be included in this Contract with the consent of the Customer. On request, MT will offer to the Customer a corresponding extension of the Contract, provided maintenance for the respective product is available. Where MT has to perform any services, the Customer shall accurately and without delay provide MT with any/all information that is required to perform such services. The Customer will provide MT with the name of a competent and appropriately qualified contact person and will provide the name of an appropriate substitute in order for the Hardware and Software to be maintained. Any contact(s) will have participated in the respective Seminars and/or Training Sessions held from time to time by MT or alternatively will have acquired comparable knowledge. These contacts will be available to MT’s technicians on site or will have access to the MT’s hotline as applicable. Consumables and Auxiliaries (which shall include documentation, application programs, data, telephone lines for transmission of voice and data) are not included in the scope of performance and shall be provided by the Customer in the vicinity of the system, such consumables and auxiliaries will be provided during Working Hours or, with prior consultation, outside of these hours. Additionally, the Customer will provide to MT computing time and consumables as required. 36. Specifically Ordered Service Days If service days are ordered for call-off within a specified period, such orders are binding. The services will become due for payment once they have been performed or by the end of the defined time period at the latest. Specifically ordered service days to be called off within a defined time period, can still be called off during a time of three months beyond the expiry of such defined time period. Thereafter they are lost. The claim to payment is thereby unaffected. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

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