Terms and Conditions of Exam Centre Approval
- These Terms and Conditions will begin on the date of the signature on the Application for Exam Centre Approval and continue for a period of twelve (12) months unless terminated in accordance with clause 10.
Please note the National Register of LGV Instructors is a trading name of Capitb Ltd.
2. I agree to provide and maintain appropriate insurance cover for examination activities throughout the period of Examination Approval (including insurance for the examiner’s use of the vehicle)
3. I understand that failure to adhere to the Exam Centre Approval may lead to withdrawal of Examination Approval and the forfeit of Fees.
4.I accept that, in the provision of Examination, it is my responsibility to ensure a safe environment is provided (this includes the manoeuvring area).
5. Renewal of Exam Centre Approval is dependent upon satisfactory monitoring of exam arrangements, the submission of a new Application Form and continuing to meet NRI’s criteria (including having had a successful monitoring visit in the Exam Approval period).
6. Failure to maintain my billing account appropriately with National Register of LGV Instructors (NRI) may result in suspension of Exam Centre Approval.
7. Subject at all times to NRI’s Exam Centre Approval (at its sole discretion) of the Application Form submitted and the compliance by your organisation with the Terms and Conditions of Exam Centre Approval, the Parties agree as follows:
7.1 In consideration of the rights provided in these Terms and Conditions, your organisation
7.2 to maintain an appropriate record of complaints and to keep NRI apprised of any complaints made, upon request.
7.3 to maintain suitable administration staff who are accountable for managing NRI approved examination, procedures and IT systems.
7.4 to allow NRI or its representative the right to visit at any reasonable time without prior notice. As part of any quality visit the representative shall be entitled to participate in any NRI-associated examination which your organisation is permitted to undertake under these Terms and Conditions.
7.5 to take any necessary actions as reasonably notified by NRI following a monitoring visit within the timescales indicated on any resultant action plan. Failure to take such action may lead to Exam Centre Approval being suspended immediately until matters are resolved to the satisfaction of NRI.
7.6 to abide by the sanctions reasonably imposed by NRI should a significant quality issue be identified. Sanctions may include suspension of Exam Centre Approval, removal of Exam Centre Approval and forfeiture of fees.
7.7 to use NRI materials only as provided in these Terms and Conditions.
7.8 to commit to ongoing review and improvement as required from time to time and to ensure that all Exam Centre information is accurately maintained and kept up to date at all times and that any changes are promptly notified to NRI.
7.9 to co-operate fully with NRI and to provide such information and assistance as may be required by NRI to comply with a request or audit by a third party assessor including (without limitation) evidence of candidate delegate identity.
7.10 to provide NRI, upon request, with full details of Exam records as it may be necessary for NRI to verify that all Exams are being recorded.
7.11 Your organisation shall not be entitled to exploit or enter into any commercial or other agreement to exploit any of the commercial rights other than contained within these Terms and Conditions without the express written agreement of NRI.
7.12 Your organisation shall exercise its obligations with best care, skill and diligence in accordance with best practice in your industry, profession or trade.
8. NRI undertakes that it shall:
8.1 provide your organisation with access to all content, which it deems as an essential part of the NRI Exam Centre Approval.
8.2 use its best endeavours to maintain (at its cost) the NRI’s endorsement and support, provided that in the event that NRI loses its endorsements and support the terms of clauses 10 and 12 shall apply.
8.3 monitor the exams provided by the approved exam centre by means of gathering initial information and inspection, and thereafter by visits as required to ensure that quality standards are maintained.
8.4 add all currently Approved Exam Centres to the NRI website.
8.5 provide all currently Approved Exam Centres with a logo of approval.
8.6 provide all currently Approved Exam Centres with a certificate and letter of Approval.
8.7 provide all those candidates examined at the currently Approved Exam Centre a certificate and ID card upon successful completion and verification.
8.8 NRI (and therefore Capitb Ltd t/a RTITB) warrants that it is the owner of all rights in the National Register of LGV Instructors and its database.
8.9 NRI reserves the right at all times to audit Approved Exam Centres’ performance and compliance with these Terms and Conditions by visiting Approved Exam Centres’ premises (including, but not limited to, visiting to audit records or to perform mystery shopper checks) by contacting (email, telephone or otherwise) candidates examined at the Approved Exam Centres, and the Approved Exam Centres consents to this and will obtain consent from the candidates examined for this purpose.
9. The Approved Exam Centre undertakes to pay to NRI the fees as set out in the NRI Exam Centre Approval Criteria. These shall include the following:
9.1 An annual fee.
9.2 Follow up visit fees as required.
9.3 Any other fees which the parties may, from time to time, agree in writing.
9.4 All fees shall be exclusive of VAT, which NRI shall add to its invoices at the appropriate rate.
9.5 All invoices shall be payable by your organisation within seven (7) days of the date stated on the invoice.
9.6 The Parties agree that NRI may review and increase its Fees from time to time. NRI shall give the Approved Exam Centres written notice of any such increase two (2) months before the increase takes effect.
9.7 Without prejudice to any other right or remedy that it may have, if your organisation fails to pay NRI on the due date, NRI may:
9.7.1 charge interest on such sum from the due date for payment at the annual rate of 8% above the official bank rate of the Bank of England, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and your organisation shall pay the interest immediately on demand and
9.7.2 suspend the Exam Centre Approval until payment has been made in full.
10 Force Majeure
10.1 Neither Party shall be deemed to be in breach of these Terms and Conditions, or otherwise be liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations hereunder to the extent that such delay or non-performance is due to any circumstances beyond the reasonable control of that Party (“Event of Force Majeure”) of which it has notified the other Party in writing and the time for performance of that obligation shall be extended accordingly.
10.2 If an Event of Force Majeure continues for more than sixty (60) days in a manner which prohibits performance by a Party of its obligations under these Terms and Conditions, the other Party may terminate the Approval immediately by written notice to the Party affected by the Event of Force Majeure, and, in such event, neither Party shall have any further obligations under these Terms and Conditions.
11.1 Either Party may terminate the Exam Centre Approval at any time on not less than three (3) months’ notice.
11.2 NRI may terminate the Exam Centre Approval forthwith in the event of the following:
11.2.1 non-payment of Fees.
11.2.2 any breach of these Terms and Conditions by the Exam Centre Approved.
11.2.3 the Approved Exam Centre becomes, or is reasonably likely to become insolvent or bankrupt.
11.2.4 the Approved Exam Centre’s business ceasing to trade or appearing likely to cease to trade.
11.2.5 the Approved Exam Centre is subject to a change in ownership, control or management.
11.2.6 NRI ceases to run the LGV National Register.
11.3 Your organisation agrees and acknowledges that in the event of termination (for whatever reason) no Fees will be refunded.
12. Confidentiality and NRI/Capitb Ltd’s Property
12.1 The Approved Exam Centre shall keep in strict confidence all technical and commercial know-how, documents, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Approved Exam Centre by NRI/Capitb Ltd, its employees, agents, consultants or subcontractors and any other confidential information concerning NRI or Capitb Ltd’s business or its products which the Approved Exam Centre may obtain.
12.2 The Approved Exam Centre may disclose such information as may be required by law, court order or any governmental or regulatory authority.
12.3 The Approved Exam Centre shall not use any such information for any purpose other than to enable it to perform the rights granted to it under these Terms and Conditions.
12.4 The Approved Exam Centre acknowledges and agrees that all intellectual property in the Examination Materials, is owned by NRI and Capitb Ltd and the Approved Exam Centre shall:
12.4.1 only use such intellectual property and Examination Materials for the term of the Exam Centre Approval, and to the extent necessary to enable it to exercise the rights granted to it.
12.4.2 not provide any Examination Materials to any third parties without the prior written consent of NRI and
12.4.3 return to NRI immediately upon the expiry or termination of Exam Centre Approval all Materials and shall make no further use of the same or of any of the intellectual property referred to in this clause.
13.1 The Approved Exam Centre shall keep NRI indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by NRI as a result of or in connection with:
13.1.1 any claim made against, or loss suffered by NRI arising out of, or in connection with, a breach of this Exam Centre Approval or the negligent exercise by the Approved Exam Centre (including its employees, agents or subcontractors) of its rights under this Exam Centre Approval and
13.1.2 NRI losing its DVSA endorsement as a result of the breach of these Terms and Conditions or the negligent exercise by the Approved Exam Centres (including its employees, agents or subcontractors) of its rights under this Approval.
14. Warranties and Liability
14.1 All warranties, conditions and other terms implied by statue or common law are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
14.2 Nothing in these Terms and Conditions limits or excludes the liability of either Party:
14.2.1 for death or personal injury resulting from negligence or
14.2.2 for fraud or fraudulent misrepresentation or
14.2.3 for any liability incurred as a result of any breach of the clause as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.
14.3: Subject to clause 14.2:
14.3.1 NRI shall not under any circumstances whatsoever be liable for:
18.104.22.168 loss of profits or 22.214.171.124 loss of business or
126.96.36.199 depletion of goodwill and/or similar losses or
188.8.131.52 loss of anticipated savings or
184.108.40.206 loss of goods or
220.127.116.11 loss of contract or
18.104.22.168 loss of use or
22.214.171.124 loss or corruption of data or information or
126.96.36.199 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
14.3.2 In each Approval year, or part of, NRI’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these Terms and Conditions shall in all circumstances be limited to the Exam Centre Approval Fee received by NRI in respect of that Exam Centre Approval Year.
15. Anti- Bribery Compliance
15.1 The Approved Exam Centre shall:
15.1.1 comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (Relevant Requirements).
15.1.2 have and shall maintain in place throughout the term of the Terms and Conditions its own policies and procedures to ensure compliance with the Relevant Requirements, and will enforce them where appropriate.
15.1.3 promptly report to NRI any request or demand for any undue financial or other advantage of any kind received by the Approved Exam Centre in connection with the performance of the Exam Centre Approval and
15.1.4 immediately notify NRI (in writing) if a foreign public official becomes an officer or employee of the Approved Exam Centre or acquires a direct or indirect interest in the Approved Exam Centre (and the Approved Exam Centre warrants that on the date of signature on the application it has no foreign public officials as officers, employees or direct or indirect owners).
15.2 The Approved Exam Centre shall ensure that all of its suppliers, agents and subcontractors who perform services or provide goods in connection with this Exam Centre Approval do so only on the basis of a written contract which imposes on and secures from such persons terms equivalent to those imposed on the Approved Exam Centre in this clause
15.3 The Approved Exam Centre shall be responsible for the observance and performance by such persons of the Relevant Terms, and shall be directly liable to NRI for any breach by such persons of any of the Relevant Terms.
16.1 No variation of these Terms and Conditions shall be valid unless it is in writing and signed by or on behalf of each of the Parties.
17.1 A waiver of any right or remedy under these Terms and Conditions is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a Party to exercise any right or remedy provided under these Terms and Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
17.2 No single or partial exercise of any right or remedy provided under these Terms and Conditions or by law shall preclude or restrict the further exercise of any such right or remedy.
18. Cumulative Remedies
18.1 Unless specifically provided otherwise, rights arising under these Terms and Conditions are cumulative and do not exclude rights provided by law.
19.1 If any provision of these Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part- provision shall, to the extent required, be deemed not to form part of these Terms and Conditions, and the validity and enforceability of the other provisions of these Terms and Conditions shall not be affected.
19.2 If a provision of these Terms and Conditions (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
20. Entire Terms and Conditions
20.1 These Terms and Conditions and any documents referred to in them supercede and extinguish all previous drafts, arrangements, understandings or agreements between them, whether written or oral, relating to the subject matter of examination.
20.2 Each Party acknowledges that, in entering into Approval, it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in the Terms and Conditions. Each Party agrees that its only liability in respect of those representations and warranties that are set out in the Terms and Conditions (whether made innocently or negligently) shall be for breach of contract.
20.3 Nothing in this clause shall limit or exclude any liability for fraud.
21.1 The Approved Exam Centre shall not, without the prior written consent of NRI, assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under the approval.
21.2 NRI may at any time assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under these Terms and Conditions.
21.3 Each Party that has rights under these Terms and Conditions is acting on its own behalf and not for the benefit of another person.
22. Rights of Third Parties
22.1 A person who is not a party to the Exam Centre Approval shall not have any rights under or in connection with it.
23. Governing Law and Jurisdiction
23.1 These Terms and Conditions 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.
23.2 The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).