Terms and Conditions

These Terms and Conditions (“Terms”) govern the provision of consultancy and advisory services (“Services”) by Edqual, a trading name of Carlton Education and Training Ltd. (“Edqual”, “we”, “us”, or “our”) to you, the client (“Client”, “you”, or “your”). These Services are aimed at educational institutions, including colleges, training companies, training departments, and organisations seeking accreditation as training providers (“Client’s Objectives”).

By engaging Edqual for Services, you agree to be bound by these Terms, which form a legally binding contract between Edqual and you, conducted under the laws of England. If you do not agree with these Terms, you must not use our Services.

Edqual will provide consultancy and advice tailored to the Client’s Objectives, as detailed in the service agreement or proposal document (“Service Agreement”) provided to you following our initial consultation. The scope of Services, deliverables, timelines, and any specific terms will be outlined in the Service Agreement.

3.1. Fees for our Services will be set out in the Service Agreement. Payment is due upon receipt of invoice, unless otherwise agreed in advance in writing.

3.2. Late payments may incur interest at the rate of 4% per annum above the Bank of England’s base rate.

To facilitate the successful provision of Services, you agree to:

Provide all necessary information, access, and cooperation to Edqual. Ensure that all information provided to Edqual is accurate and complete. Comply with all applicable laws and regulations.

All intellectual property rights in any materials, documents, or advice provided Edqual under these Terms shall remain the property of Edqual. The Client is granted a non-exclusive, non-transferable license to use such materials solely for the Client’s Objectives, as outlined in the Service Agreement.

Both parties agree to keep all confidential information received from the other party in connection with the Services confidential and not to use it for any purpose other than the performance of the Services.

7.1. Edqual’s total liability to the Client in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed 125% of the total fees paid or payable to Edqual under these Terms in the calendar year in which the claim arises.

7.2. Nothing in these Terms limits any liability which cannot legally be limited, including liability for death or personal injury caused by negligence and fraud or fraudulent misrepresentation.

8.1. Edqual reserves the exclusive right to terminate the provision of Services with immediate effect by giving written notice to the Client if:

The Client commits a material breach of these Terms and (if such a breach is remediable) fails to remedy that breach within 30 days of being notified in writing to do so.
The Client commits any act of fraud or is found to be bringing Edqual into disrepute.

8.2. Upon such termination by Edqual, all outstanding fees for Services rendered up to the point of termination become immediately due and payable by the Client. Edqual shall have no obligation to refund any fees already paid by the Client at the point of termination.

The Contracts (Rights of Third Parties) Act 1999 is excluded from these Terms and shall not apply to them. No person other than Edqual and the Client shall have any rights under these Terms, nor shall these Terms be enforceable by any person other than Edqual and the Client.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

Edqual reserves the right to amend these Terms at any time. Any such changes will be communicated to you in writing. Your continued use of our Services following any such changes constitutes your acceptance of the new Terms.

For any inquiries or notifications regarding these Terms or the Services, please contact Edqual via consultancy@edqual.co.uk

These Terms are effective from 01 January 2024 and supersede any previous agreements or understandings between the parties.