Terms & Conditions
The Service Provider supports pupils and the Clients support staff with Autism Spectrum Conditions (ASC) by using expertise including SEND Code of Practice, applying for Education, Health and Care Plans (EHCPs) and pre diagnostic reports. This support is usually given via the Clients educational environment.
Client Any type of educational facility including but not limited to Academies, Community Schools, Faith Schools, Foundations Schools, Free Schools, Grammar Schools, International Schools, Private or Independent Schools, Pupil Referral Units, Sixth Form Collages, State Boarding Schools, Voluntary Schools.
Pupil Individual registered at the school requesting service.
Prospective Client Any Client which is not an existing client and who has not been a client for a period of 12 months.
GDPR General Data Protection Regulation (EU 2016/679)
Complaint Any individual expressing dissatisfaction regarding the Service of the Service Provider or any of their Associates.
Associate Any individual carrying out work on behalf of the Service Provider.
- Unless otherwise stated:-
- writing means any communication e.g. email, SMS, any Social Media Notification or similar;
- this Agreement is reference to this Agreement and any attachments to the Agreement;
- In the Agreement;
- any words introducing a singular means also the plural and vice versa;
- any words referring to any gender includes the opposite gender.
- Starting with the Service Provider
2.1 Before the Service Provider can start servicing the Client, parental permission needs to be gathered from the Pupils Parent/Guardian and returned within 5 days.
- The Service Provider will ensure that that DBS and Professional Indemnity Insurance documents are provided to the Client before the service is provided.
- If the Pupil has a current risk assessment, this needs to be sent to the Service Provider before the first visit as per Clause 5.
- Obligations of the Service Provider
3.1 To keep a record of all hours worked.
- To keep the Client updated if there are any changes which may affect the Pupil receiving the service.
- To keep the Client updated if there is any change to the Service Provider or their Associates DBS.
- To advise the Client if the Associate of the Service Provider is not available.
- Obligation of the Client
- To ensure the Pupil is available during the hours detailed in the initial request.
- If the pupil is not available, then the Client needs to advise the Service Provider as soon as possible.
4.3 To be aware that the Service Provider may not be able to attend all meetings and flexibility needs to be maintained if the meetings are part of the agreed hours.
- If meetings are requested by the Client outside of the agreed hours, then the Service Provider has a right to refuse to attend.
- The Client can request further hours via a form (Schedule 3).
- The Client will need to verbally or in writing advise the Service Provider how they will maintain Heath and Safety measures during the time the Service Provider is on Client site.
5.1 If the Client is connected to the Local Authority Intranet, this may be used for communication.
5.2 If a Client does not have access to or chooses not to use the Local Authority Intranet, all communication such as action plans and documents with pupil information will be sent directly to the agreed staff member as a pdf document with a password and only to a recognised school email address. All due care will be taken to ensure that the document is sent only to the agreed person and will not be shared without permission. All communication needs to be communicated back to the Service Provider in this way.
6.1 Payments will be invoiced at the beginning of each term.
- All payments must be made to the Service Provider by BACS.
- If Clients are paying by cheque then this form of payment will be subject to additional charges.
- All payments need to be made within 30 days of the invoice being issued.
- If there is an ongoing complaint, payment will still be due.
7.1 The Service Provider will ensure all Associates DBS and Professional Indemnity Insurance is passed to the Client before attendance.
- The Service provider has the right to assign any Associate to any Client.
- Relationship of the Parties
8.1 Nothing in this Agreement shall create, or be regarded to create, a partnership between the parties
- The Client shall have no right or authority to and shall not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on behalf of the Service Provider or bind the Service Provider in any way.
- Online Consultations
9.1 The Service Provider reserves the right to carry out consultations via an online platform such as but not limited to Zoom, Teams etc if face to face meetings are not possible.
- The Service Provider will continue to carry out the service during any term time school shut down.
10.1 If visits are cancelled by the Client giving less than 24 hours’ notice we will try to arrange an alternative date but if none are available charges will still be applied.
- If visits are cancelled due to the absence of the Pupil, then the visit will be re-arranged for an alternative date.
- If a Pupil is absent for a long period of time the agreement will be re-negotiated.
The Client agrees to keep all Confidential Information in relation to the Pupil and of the Service Provider confidential during and after the term of the agreement. This Clause 11 will not apply to:
11.1 any information which has been published or is in the public domain other than through a breach of this agreement;
11.2 information in the possession of the recipient party before the disclosure under this agreement took place;
11.3 information obtained from a third party who is free to disclose it;
- information which a party is required by law to disclose.
The Service Provider and Client agree not to avoid or attempt to avoid the requirements of this Agreement, including but not limited to those requirements regarding the payment to the Service Provider, and affirm that in every case that they will act with the highest standards of ethics in their dealings with each other.
- Complaint Procedure
The Service Provider agrees to follow the Complaint Procedure detailed in Schedule 2.
- Data Protection
14.1 In this Clause 14:
14.1.1 Data Protection Legislation means 1) unless and until GDPR is no longer directly applicable in the UK, GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds GDPR;
14.1.2 GDPR means EU Regulation 2016/679 General Data Protection Regulation; and
14.1.3 personal data means personal data as defined in the Data Protection Legislation.
14.2 All personal data that either Service Provider or the Client (First Party) may use will be collected, processed, and held by that First Party in accordance with the provisions of Data Protection Legislation and the rights under the Data Protection Legislation of the other party being, as the case may be, either the Service Provider or the Client (Other Party) and the rights under the Data Protection Legislation of any third party.
14.3 For complete details of the First Party’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Other Party’s and any third party’s rights and how to exercise them, and personal data sharing (where applicable), the Other Party should refer to the Privacy Notice of the First Party. The respective Privacy Notices of each Party are attached in Schedule 1
14.4 All personal data to be shared by the First Party with the Other Party under this Agreement shall be shared in accordance with the terms of the Data Sharing Agreement entered into by the Parties on [add date] pursuant to this Agreement.
15.1 Either party has the right to terminate the agreement immediately if the other:
15.1.1 has committed a material breach of this agreement.
15.1.2 becomes insolvent or is the subject of a bankruptcy order.
- The Client may terminate this agreement by giving the Service Provider half a term or six weeksâ€™ notice in writing.
- The Client or Service Provider may terminate the agreement if the Pupil the agreement was initially made for ceases to be registered with the Client.
- This Agreement shall be governed and construed in accordance with the Laws of England and Wales.
- In relation to any legal action or proceedings to enforce this Agreement or arising out of or in connection with this Agreement each of the parties irrevocably submits to the exclusive jurisdiction of the English and Welsh courts and waives any objection to proceedings in such courts.