| Terms and Conditions for Schools |
General Terms and Conditions for the supply of services to schools
1. Definitions
1.1 "The agreement" is defined as the order received for services purchased from the Service Provider.
1.2 "The Service Provider" is defined as Luke Pickett providing the service as described in Luke Pickett Teaching Services for Schools.
1.3 "The School" is defined as the Headteacher and/or the Chair of Governors.
2. General Statement of Intent
2.1 The Service Provider will deliver services as set out in Luke Pickett Teaching Services for Schools.
2.2 The School will provide information as required and meet target dates.
3. Services to be provided
3.1 The terms and conditions apply to services described in Luke Pickett Teaching Services for Schools.
3.2 Both the School and the Service Provider agree to treat the agreement as if it were a binding contract.
3.3 Orders submitted via email will be treated as signed booking forms.
3.4 In providing all or some of the services, the Service Provider shall comply with all statutory or other regulations applicable to the provision of the relevant services.
4. Duration
4.1 For subscription services (year-long and music theory) the Service Provider will deliver the services until the end date specified in the relevant service schedule, or if not specified, until receipt of due notice in accordance with clause 6.
4.3 Thereafter, the agreement, and the terms and conditions, are open-ended and will continue until either the School or the Service Provider provides a minimum of four calendar weeks’ notice of intention to change.
4.3 For Pay as You Go services (supply and consultancy), the time for delivery of the services will be agreed by the Service Provider and The School when the request is made.
5. Charges
5.1 The Charges payable for each Service ordered are as set out in the “Fees and Payments” section of Luke Pickett Teaching Services for Schools, order forms, and associated invoices, or as otherwise agreed between the parties in writing.
5.2 Fees payable in relation to services purchased will be charged termly (three term year) in advance by invoice; therefore invoices will be due for payment in September, January and April.
5.3 The School agrees to administrate the subsidies provided by Wiltshire Music Connect. This will involve an application form, a data return, receipt of monies, and payment to the Service Provider. Fees payable in relation to pupils receiving subsidies will be charged termly (three term year) in advance by invoice according to the dates mentioned in 5.2.
5.4 Same-day Supply Teaching will be invoiced in arrears.
5.5 Invoiced fees are payable within 14 calendar days of the invoice date.
5.6 Any queries regarding invoices must be registered in writing with the Service Provider within one week of the invoice date.
5.7 The Service Provider reserves the right to withdraw services in the event of failure to pay the fees due.
6. Alteration to and withdrawal from services by Schools
6.1 The School may withdraw from or buy into any services by providing at least four calendar weeks' notice of intent before the end of a school term (three term year) for the termination to take effect at the end of that term (three term year) or the commencement to take effect from the start of the subsequent term (three term year). Such termination will take effect at the end of a term only (three term year) and not at any other time.
7. Alterations and withdrawal of services by the Service Provider
7.1 The Service Provider may offer additional or amended services at any time.
7.2 The Service Provider may withdraw or modify the whole or any part of the service at any time if there is insufficient demand for the relevant service.
7.3 The School will be notified of any change in the description or price of any service it is purchasing. If the School then wishes to amend or withdraw its agreement it may do so by giving four calendar weeks' notice in writing without penalty.
8. Variation to level of service initiated by the School
8.1 Additional services may be requested at any time by contacting the Service Provider. All requests for additional services are subject to availability.
8.2 Any variation to a request for services is subject to four calendar weeks’ notice.
9. Cancellation of specific dates
9.1 If the School wishes to cancel any pre-booked Service it may do so by telephone or in writing giving a minimum of four calendar weeks' notice. The Service Provider will attempt to re-schedule the work to the School's satisfaction but is under no obligation to do so.
9.2 Dates cancelled at less than four calendar weeks' notice will incur payment of the agreed fee.
9.3 Should the Service Provider become unavailable for an agreed date then a new date will be agreed with the School or, if the School prefers, a suitably qualified alternative found.
9.4 Should the Service Provider become unavailable for an agreed date and a suitable alternative arrangement not agreed then the Service Provider will repay to the School the agreed fee for this date. The Service Provider will not reimburse any further cost the School incurs as a consequence.
9.5 The Service Provider will charge for any scheduled lessons which pupils do not attend, unless the Service Provider chooses not to do so because of exceptional circumstances.
9.6 Should a training course recruit insufficient numbers to make it viable, the Service Provider may cancel the course, without penalty, giving minimum notice of five working days.
10. Failure to give notice
10.1 If the School fails to give full notice to amend or terminate an agreement in accordance with the above clauses, the following charges will be made in lieu of notice:
(a) Where the notice given is less than that required under Condition 6, but is four calendar weeks or more before the start of the next school term (three term year): 50% of the fees for the next term (three term year);
(b) Where the notice given is less than four calendar weeks before the start of the next school term (three term year): 100% of the fees for the next term (three term year).
10.2 If a pupil stops attending lessons in the middle of a term, neither the School, the pupil, or the pupil’s parent or guardian is entitled to a refund of any fees paid for that term. The pupil is entitled to attend any lessons paid for.
10.3 If the Service Provider stops lessons without giving the correct notice specified in clauses 7 and 9 above, the Service Provider shall refund any fees already paid for any lessons not given.
11. Force Majeure
11.1. The Service Provider shall not be liable to the School for any delay in or non-performance of its obligations under the agreement arising from any cause beyond its control including, without limitation, any of the following: Act of God, governmental act, war, fire, flood, explosion, widespread outbreak of disease or declared epidemic or pandemic, civil commotion, chemical, biological or nuclear contamination or terrorist act.
11.2 If the School is closed due to any cause beyond its control fees will be paid in full for any missed sessions. The Service Provider will endeavour to either make up missed sessions or offer alternative provision but is under no obligation to do so.
12. Limit of Liability
12.1 The Service Provider is not liable for any loss that the School may suffer as a result of the School making use of a service.
12.2 The Service Provider cannot undertake to provide a service where materials, for instance, have not been returned to it by other schools.
12.3 The Service Provider cannot provide the relevant service if it does not receive the necessary information and orders from the School by the required deadlines.
13. The School's devolved responsibilities
13.1 If the School chooses to make its own provision for any services described in this document, it will need to take account of its statutory and specific responsibilities.
14. Customer Care
14.1 The Service Provider will exercise all reasonable care in the performance of its duties as described.
14.2 Any complaints, difficulties or suggestions should be directed in the first instance, in writing, directly to the Service Provider.
14.3 All written correspondence from either the School or the Service Provider will be acknowledged within three working days during term time. Correspondence will be answered within five working days during term time.