© Shine Education & Training Ltd. Registered in England & Wales No 10253082. VAT Registration Number: 330 0679 31

TERMS & CONDITIONS

Leadership development programmes | Terms and expectations for participants and their head teachers

Once a booking confirmation email is received, participants are registered on to the Shine Education and Training programme they have chosen.  Shine will send confirmation of receipt and joining instructions prior to the Coaches’ training session.

 

By submitting a booking confirmation email, the participant is agreeing to the following statement:

 

I have the full support of my head teacher to take part in the programme. ‘Support’ means I have:

 

  • their agreement to attend all of the face to face elements

  • the authorisation to plan and complete the SBLP (school-based leadership project) which should be linked to a school development priority

  • the authorisation to participate in the leadership trio activities (which are often cross-phase)

 

I will ensure that my Headteacher has allocated me with an appropriate school-based coach and take responsibility for organising, and participating in, five coaching sessions (which is the minimum entitlement for all programme participants.) The amount of time I receive on top of this is to be negotiated between myself and my headteacher. I understand that these programmes are designed around practical learning in school – the most important environment for me to learn and develop as a leader – and that I will not be able to complete the programme without application in school and engagement with the programme.

 

Administration

As part of the registration process, participants are required to provide Shine with the name and email address of their school-based coach. The school-based coach should be a leader who has the capacity to act as the participant’s coach throughout the programme and support them to reflect on their leadership development.

 

  • If a participant changes schools throughout the life of the programme, they are required to update Shine with their new contact details including email address so that we can continue to contact you.

 

  • When moving to another school, the participant is responsible for ensuring that their new school is aware they are currently on the programme and negotiating the SBLP if necessary. It is not recommended that any SBLP straddles over two schools.

 

  • For any questions, queries, comments or updates, please direct them to office@shineeducationandtraining.co.ukWe endeavour to respond within 24 hours, but at peak times, this may be a little longer.

 

Attendance and compliance

In booking onto the programme, participants are committing to completing the whole programme and adhere to at least the minimum completion requirements in order to complete the programme. These are:

  • Attendance and engagement at all face to face sessions

  • Participants must undertake a SBLP (School-based Leadership Project) which is impact-focused and linked to a school development priority. The SBLP must also develop the participant’s leadership skills

  • Participants will work in ‘leadership trios’; they will share good practice by carrying out learning walks in each other’s schools. Cross-phase trios are positively encouraged

  • Attendance at the twilight celebration session (accompanied by the participant’s school-based coach)

 

Attendance at face to face sessions are compulsory. Participants are expected to make every effort to attend these days. 

Exceptional circumstances will be considered and these must be requested in writing to Shine. These may be:

 

  • Inspection on the day of the session,

  • emergency at school that cannot be dealt with by another leader,

  • interview

  • personal or close family illness

  • paternity leave

 

What are not exceptional circumstances:

 

  • minor illness

  • personal or domestic events such as moving house, weddings etc.

  • consequences of paid employment such as being ‘too busy’, vital meetings, promotions or placements etc.

 

If participants are unable to make a face to face day, they must make arrangements with Shine to attend the session on an alternative day. Face to face days are often run on more than one occasion for different cohorts. Shine will support wherever possible to ensure this can be achieved.

 

There is an expectation that participants, school-based coaches and Shine staff will conduct themselves professionally at all times and that confidentiality is maintained.

 

Terms of payment

  1. Upon receipt of an expression of interest by email, participants and their Headteachers will receive confirmation of the cost to their school, along with the programme terms and expectations.

  2. Schools will be invoiced within 4 weeks of the Coaches’ training session which takes place before the first face to face session. Payment should be made strictly within 30 days.  Failure to pay within the terms will mean participants are unable to continue with the programme.

  3. If a participant moves schools whilst on the programme, it is their responsibility to ensure that Shine are informed and that the programme has been paid for in full before they leave. Any sharing of costs should be negotiated between the participant and the schools concerned.

  4. Candidates / Headteachers that register before the 31st of July will be eligible for a discount of £50. 

 

Maternity leave, deferrals and withdrawals 

1. All programmes are required to be completed within an academic year. However, if maternity leave is taken whilst on the programme, the clock stops for that period and participants are able to pick up the programme with the next cohort to cover the missed face to face sessions. Participants who are about to take maternity leave should also consider when they will complete their SBLP and ensure continuity is maintained. 

 

2. If a participant wishes to withdraw from the programme, this must be done so in writing (office@shineeducationandtraining.co.uk). Please see cancellation charges below for full finance details involved. 

 

Cancellation charges 

We have core costs which have to be budgeted for, regardless of the numbers that join each programme. The withdrawal of a participant doesn’t reduce the key overheads of administration, facilitator fees and room/equipment hire at venues. 

Shine’s cancellation policy reflects our desire to ensure that those undertaking the programmes are serious in their commitment to the responsibilities involved and to developing as leaders. However, we realise unforeseen circumstances can crop up and change situations; therefore we think the charges below are fair in the event of a withdrawal.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Withdrawals must be sent in writing to office@shineeducationandtraining.co.uk 

Exceptions may be considered if withdrawal is due to a fundamental change in personal situation such as serious illness or family circumstances. 

We are committed to providing support wherever possible so that participants facing difficulties can continue with these very important programmes where possible; we will always endeavour to provide support in finding a solution to his/her problems regarding engagement. 

 

Data protection 

Shine requests some personal information from participants. Shine abides by the Data Protection Act and treats all data confidentially. Shine will not share participant details with any other external organisations or with other participants, without their specific permission.

Please look at this page on a computer to see further details about cancellation charges.

 

Withdrawal after the Coaches’ training session but before the first face to face day

 

Programme

 

Withdrawal before the Coaches’ training session

 

Withdrawal at any time after the first face to face day

 

Shine NQT+1 & NQT+2
Development Programme

 

Full amount refunded

 

£150 admin fee will be charged. The rest refunded. 

 

No refund

 

No refund

 

£150 admin fee will be charged. The rest refunded. 

 

Full amount refunded

 

Shine Middle Leadership Programme

 

Shine Senior Leadership Programme

 

Full amount refunded

 

£150 admin fee will be charged. The rest refunded. 

 

No refund

 

 

Terms and conditions for coaching and consultancy

1. General

1.1

These terms and conditions together with the Development Plan constitute the contract between the Parties for the Educational Services (“the contract”.)

1.2

In the event of any conflict between a clause in these Terms and Conditions and the Development Plan, the Development Plan shall prevail.

1.3

The contract constitutes the entire agreement between the parties relating to the Educational Services and replaces all previous negotiations, agreements, understandings and representations, whether oral or written.

 

2. Definitions

By “Client” we mean any person retaining the services of this Educational Consultancy from time to time.

By “Educational Consultant” we mean Shine Education and Training Ltd, whose registered office is at 65 Alpine Road, REDHILL, RH1 2LE. 

By “Party” we mean The Client and/or the Educational Consultant.

By “Educational Services” we mean the provision of Shine Education and Training Ltd.’s Consultancy services.

By “Completion date” we mean any such date as the Parties may agree.

By “Fee” we mean such fee as agreed between the Parties.

By “Payment Terms” we mean the time and method of payment requested by the Educational Consultant.

By “Named Educational Consultant” we mean the Managing Director, Mr. Dave Cole. 

By “Reports” we mean all Educational Materials including reports, documents, presentations, data, tables and graphs, and analysis in whatever format the Educational Consultant shall or may create or deliver to the Client as part of the Educational Consultancy Services provided by the Educational Consultant.

By "Workshops" we mean twilight INSETs, half-day INSETs, full-day INSETs, courses or training sessions.

By "In-School Days" we mean 1:1 / Group Coaching sessions or school improvement consultancy. 

By “Development Plan” we mean the email sent from the Education Consultant to the Client outlined below in clause 3.2.

 

3. Educational Services - general

3.1

The Educational Consultant shall provide the Educational Services to the Client subject to the provisions of these terms.

3.2 

At the commencement of the Educational Services the Educational Consultant shall email the Client a Development Plan outlining the Educational Services. This email shall contain a description of the Educational Services to be undertaken, aims and objectives, outcomes, time estimates for the provision of the Services and the fees payable together with BACs payment details. The Development Plan shall be signed electronically by the Named Educational Consultant, on behalf of the Educational Consultant.

3.3 

The Client will respond to the Education Consultant’s email outlined above in clause 3.2, to signify the Client’s agreement as to the Educational Services provided and the fees payable. 

No services may be provided until receipt of such email by the Educational Consultant.

3.4

The Educational Consultant shall supply the Client with a current valid DBS form.

 

Educational Services – Workshops and In-School Days

3.5

Where the Client requests a Workshop or an In-School Day, following a discussion with the Named Educational Consultant, a Development Plan is prepared and submitted to the client.

 

3.6

Variation: The Development Plan may be varied or added to from time to time in writing by email, signed by both Parties. The changes and fees will be listed clearly.

3.7

A Workshop and an In-School Visit would normally charge at a rate of £475 for a full day which would include a follow-up with a brief report.

 

4. Calculation of time

4.1

Fees calculated on a daily rate: by a “day” we mean a period of 8 hours inclusive of travel time to the Client’s site (but not from the Client’s site). Time spent in excess of an 8 hour period shall be charged at the pro-rata rate for a day, rounded up to the nearest ½ hour.

4.2        

For fees calculated by reference to an hourly rate: for time spent which is less than a complete hour, the pro-rated basis for the time spent shall be charged.

4.3        

Workshops: the duration of any workshop is as stated in the Development Plan. The time allocated includes all discussion and feedback.  Reading Samples may be given but time for reading is not included in the workshop duration.

 

5. Performance of Educational Services

5.1        

The Parties shall agree the time and place for performance of the Educational Services.

5.2        

The Educational Consultant shall provide services set out in the Development Plan.

5.3

The Educational Consultant shall perform the services:

a)   With all reasonable care and diligence;

b)   With staff who are well-qualified, possess expert knowledge, and who have appropriate skills and experience;

c)    In accordance with good practice in a contemporary Primary, Secondary and Tertiary Educational Environment.

5.4

The Educational Consultant shall use all reasonable endeavours to complete the Educational Services by the Completion Date, or delivery date of a Workshop or meet other dates as agreed by the Parties.

5.5        

The Educational Consultancy and its staff shall abide by any Health and Safety measures in place at the time of delivering the Educational Services, and any other reasonable instructions, including Security and safety checks (and DBS checks).

 

6.   Fee and Payment

6.1        

Workshops: Workshops are payable at least 7 days in advance.  We supply an invoice with 14 day Payment Terms.

6.2

In the event that the Client wishes to re-arrange the date of a booked workshop, and a new date for the workshop can be mutually arranged, neither a refund is due nor is any extra charge due. The Educational Consultant shall always endeavour to find a mutually convenient time to re-book a missed workshop, in the rare event that we are unable to meet our commitments.

6.3

In the event that a Client cancels a workshop, a refund of half the fee shall be given if a notice period of at least 7 days prior to the date of the workshop is given. Cancellations of less than 7 days may result in no refund as materials will have been prepared and printed. 

6.4

In-School Days: In-School days are payable at least 7 days in advance.  We supply an invoice with 14 day Payment Terms. Clauses 6.2 and 6.3 also apply for re-arranging or cancelling In-School Days (with “Workshop” replaced by “In-School Day”).

6.5

Other Educational Services: 14 day Payment Terms

6.6

Where the supply of Educational Services are on-going, Clients will be issued with an invoice at regular intervals, and usually monthly.  Payment of the Fee for Educational Services shall be made within 14 days of the date of the invoice.

6.7        

Where the supply of Educational Services are of a more finite nature, towards the completion of delivering the Educational Services, the Educational Consultant shall issue the Client with an invoice.  Payment of the Fee for the Educational Services shall be made within 14 days of the date of the invoice.

6.8        

All payments shall be made via a BACs payment to the Educational Consultant’s Bank Accounts, details of which will be on the invoice.

6.9

All amounts stated are exclusive of VAT and/or any other applicable taxes (or other levies which shall be charged in addition) at the rate in force at the time the invoice is issued.

6.10      

Late Payments: if the Fee (or part of the fee) is not received by any due date, the Educational Consultant shall be entitled (without prejudice) to any other remedy or right to:

a) Charge interest on the outstanding amount at the rate of 5% per annum above the base rate.

b) Require the Client to make advance payments for any services in the Development Plan not yet supplied.

c) Not provide any further services,

d) Not provide any Reports due on completion of the Educational Services until such payment is made.

6.11      

All BACs payments shall quote the Educational Consultant’s invoice number and any other job number as on the Development Plan.

 

7. The Client’s Obligations

The Client acknowledges and agrees that for the Educational Consultant to be able to supply the Educational Services, the Client shall:

7.1

Provide the Educational Consultant such information, documentation as necessary and instruct the Client’s relevant staff to co-operate with the Educational Consultant as reasonably required;

7.2

Make available to the Educational Consultant facilities, resources and working space (not necessarily exclusively) as outlined in the Development Plan.

7.3

In the exceptional  case that additional reasonable expenses are incurred by the Educational Consultant, these may be charged to the Client, for example expenses caused by the Client’s instructions or failure to provide instructions or failure to comply with 7.1 above.

7.4

Health and Safety:  a Copy of the Client’s Health and Safety policy shall be made available to the Educational Consultant and its staff at the time of booking. Details of Security requirements shall also be made available at this time, and CRB checks undertaken, as required (until a national transferable system is in place).

 

8.   Reporting Requirements

8.1        

Reports as stated in the Development Plan shall be produced during or on completion of the Educational Services.

8.2        

One copy of said Reports shall be emailed to the Client.  The Educational Consultant permits the Client a non-exclusive license (without the right to sub-license) to use the Report for the purpose. The Educational Consultant shall retain the copyright and Intellectual Property Rights of all such materials and Reports produced.

8.3        

Written and oral Feedback will generally be given after each Workshop.

8.4        

The Educational Consultant is committed to continuous improvement of all the services provided. Clients and any attendees at Workshops will be asked to complete a questionnaire to rate the quality, the benefits, and the educational value of services they have received.

8.5        

Any supportive statements/testimonials which the Client may wish to make for the Educational Consultant’s web site would be welcomed.

 

9.   Protection of Confidential Information

9.1

Each Party (“the Receiving Party”) shall keep the confidential information of the other Party (“the Supplying Party”) private, confidential and secret, whether disclosed to or received by the Receiving Party. The Receiving Party shall only use the Confidential Information of the Supplying Party for the purpose of performing the Receiving Party’s obligations under these Terms & Conditions. The Receiving Party shall inform all necessary officers/staff/agents of its obligations under the Provisions of clause 9 and take reasonable steps to ensure that Receiving Party’s officers/staff/agents meet the obligations.

9.2

Care of all personal information shall meet the Conditions of the Data Protection Act in force at the current time.

9.3        

The obligation of clause 9.1 does not apply to information which:

a)  Was known or in the possession of the Receiving Party prior to being provided to the Receiving Party by the Supplying Party;

b) Is or becomes publicly available through no fault of the Receiving Party;

c) Is provided to the Receiving Party without restriction or disclosure by a third party, who did not breach confidential obligations by the discloser;

d) Was deduced by the Receiving Party (or on its behalf) who had no direct access to or use of the Confidential Information supplied by the Supplying Party;

e)  Is required to be disclosed by an order of a court of competent jurisdiction.

9.4        

Clause 9 shall survive termination of this agreement for a period of 6 years.

 

10. Warranties, Liabilities and Indemnities

10.1

The Educational Consultant warrants that it will use reasonable care, skill and intellect in performing the Educational Services (and to a standard which conforms to generally accepted standards in Primary, Secondary and Tertiary Education and practices).

10.2      

The Educational Consultant carries all necessary Professional Indemnity & Public Liability Insurances.

10.3

Save where the Reports uses documentation supplied by the Client, Reports issued by the Educational Consultant may cite published data or other copyright material, but warrants that no infringement of any Copyright or other Intellectual Property Rights shall be knowingly and intentionally undertaken.

10.4

The Educational Consultant shall indemnify the Client against all Developments, demands, charges and costs (including legal costs of a solicitor) which the Client may incur as a result of or in connection with any breach of clause 10.3.

10.5      

The Educational Consultant expressly does not warranty that any result or objective whether stated in the Agreement or not, shall be achieved, be achievable, or attained, either by the Completion date or any other date.

10.6      

If any part of the Educational Service is performed negligently or in breach of these Terms, then at the request of the Client (and if the request is given within 3 months of the Completion Date) the Educational Consultant will re-perform the relevant part of the Educational Services, always subject to Clauses 10.7 and 10.8 below.

10.7

Except in the case of death or personal injury caused by the Educational Consultant’s negligence, the Educational Consultant’s Liability under or in connection with these Terms & Conditions whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed the Fee paid to the Educational Consultant under these Terms & Conditions. The provisions of this clause, clause 10.7, does not apply to clause 10.8.

10.8      

Neither Party shall be liable to the other Party in contract, tort negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that Party of an indirect or consequential nature including without limitation, any economic loss or other financial loss. The provisions of Clause 10.8 does not apply to clause 10.9.

10.9      

The Client shall indemnify and hold harmless the Educational Consultant from and against all Claims and Losses arising from loss, damage, liability injury to the Educational Consultant employees and third parties, infringement of third party intellectual property or third party losses by reason of or arising out of any information supplied by the Client to the Educational Consultant within or without the scope of these terms.  [“Claims” shall mean all demands, claims, proceedings, penalty fines, and liabilities (whether criminal or civil in contract or tort or otherwise). “Losses” shall mean all losses including without limitation, financial losses, damages, legal costs and other expenses of any nature or otherwise.]

10.10

Each of the Parties acknowledges that in agreeing to these Terms & Conditions, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in these Terms & Conditions.

 

11. Termination

11.1

Either party may terminate these Terms & Conditions by giving 7 days written notice if the Named Educational Consultant becomes unavailable to carry out the Educational Services and the Parties cannot agree on another mutually convenient time or replacement.

11.2

Without prejudice to other remedies or rights, either Party may terminate these Terms & Conditions (in the manner stated in clause 11.1) with a notice period, if:

a) The other Party is in material breach of these Terms & conditions and agreement cannot be reached within 7 days;

b)  If the other Party becomes insolvent, appoints an administrator or receiver.

 

12. General

12.1

Force Majeur: neither Party shall be liable or deemed to have breached these Terms if delays or failures in performance occur which are beyond the control of the Parties.

12.2     

These Terms & Conditions shall not constitute or imply a Partnership or joint venture.

12.3

Severance: if any provision in these Terms & Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall to the extent required be severed from these Terms & Conditions, in as far as is possible without modifying the remaining Terms, and shall not in any way affect any other provision of or validity or enforcement of these Terms.

12.4

Neither Party shall make any public announcement or disclose any information regarding this contract, unless both Parties agree a statement.  (This does not exclude complying with laws, statutes or regulations).

 

Terms and conditions for Courses and Workshops

Please ensure you have read and understood these Terms and Conditions before you make a booking. By placing a booking you are deemed to have read, understood and accepted them.

 

Contract of Sale

Completion of the booking process and acceptance of our terms and conditions forms your contract with Shine Education and Training Ltd.

 

Payment

Payment of the full course fees must be made in advance and should be made at the time of placing a booking. It is not possible to attend a course unless payment has been received.

An invoice will be issued and payment may be made by BACS or cheque. Invoices must be settled within 7 days of the invoice date or in advance of the training course, whichever is sooner.

 

Cancellation

Cancellations must be made in writing by post or email to office@shineeducationandtraining.co.uk 

 

Cancellations will be subject to the following fees:

 

· Cancellations within 14 days of the start date will be charged the full course fee.

· Cancellations within 15-28 days of the start date will be charged 50% of the course fee.

· Cancellations more than 28 days before the start date will be charged 20% of the course fee.

 

If the participant fails to attend the course the full course fees are payable.

 

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”), you may cancel your purchase of a course within a period of 14 working days beginning on the day after we send your booking confirmation. However, there is no right of cancellation where the course begins within this fourteen day period.

 

Delegate Substitution

A substitute delegate may be named at any time before the course at no additional cost.

 

Transfer

Requests to transfer to an alternative course or date must be made in writing by post or email.

 

Transfers may be made up to 28 days before the course start date and will incur no additional fee. However, transfers are subject to availability and Shine Education and Training Ltd.  is not obliged to ensure suitable alternatives are available.

 

A booking can only be transferred on one occasion. Requests for subsequent transfers will be treated as cancellations.

 

Course content

Shine Education and Training Ltd. reserves the right to change the content, timing, date, venue or facilitator of the course in order to provide a high quality service or where it is necessary for reasons beyond our control.

 

Shine Education and Training Ltd. reserves the right to cancel a course up to and including the date of the course if insufficient bookings have been received and will strive to give as much notice of this as possible. Individuals booked onto a cancelled course will be given the option of a full refund or of rescheduling to a future course date.

 

Shine Education and Training Ltd.  will not be liable for any losses or expenses arising from amendments to the course or cancellations.

 

Criminal Convictions

Having a criminal record does not necessarily prevent you from attending a short course at Shine Education and Training Ltd. but we encourage participants to disclose criminal convictions so that we can fairly assess any risks and meet our duty of care to ensure safety and well-being of all students, staff and visitors. If you have a criminal conviction which is not spent, please contact us before you make a booking and we will be able to send you the Criminal Convictions Policy and Information Form. You do not need to tell us about a motoring offence for which you received a fine or three penalty points.

 

Intellectual Property

Course materials are supplied only for your personal use. Shine Education and Training Ltd. remains the owner of all intellectual property in course materials. No part of the materials may be copied or reproduced without our permission.

 

Data Protection

Any personal information you give to us with be processed in accordance with the Data Protection Act 1998. We will use the information to process your booking, to provide the course and to inform you about similar courses which we provide, unless you tell us that you do not want to receive this information. Any personal data you provide may be held on computer files.

 

Applicable Law and Jurisdiction

These terms and conditions are governed by and construed in accordance with English law and any dispute arising out of or in connection with them shall be settled by the English courts.