OPTIMA Electrical Training
Booking and Enrolment Terms & Conditions
These Terms and Conditions apply to courses, qualifications, assessment programmes, eLearning programmes and training packages booked with Optima Electrical Training Ltd, a company registered in England and Wales under company number 11602281, whose registered office is at Unit 3 Bessemer Park, 250 Milkwood Road, Herne Hill, London SE24 0HG (“OPTIMA”, “we”, “us” or “our”).
By making a booking which is accepted by OPTIMA, you agree to be bound by these Terms and Conditions.
Please read these Terms carefully before making a booking.
Particular attention should be given to:
Section 4 – Fees and Payment
Section 7 – Cancellations and Refunds
Section 11 – Qualification and Awarding Body Changes
Section 14 – Course and Completion Timescales
Section 18 – Liability
Section 20 – Data Protection
Nothing in these Terms is intended to exclude or restrict any statutory rights that cannot lawfully be excluded or restricted.
1. Definitions and Interpretation
1.1 In these Terms:
“Booking” means a booking for a Course or Programme accepted by OPTIMA.
“Booking Confirmation” means the email, letter, invoice, enrolment confirmation or other written communication confirming the Course or Programme booked.
“Course” means any training course, qualification, assessment programme, examination, workshop, eLearning programme or other training service provided by OPTIMA.
“Course Package” or “Programme” means a Booking containing more than one Course, qualification or stage of training.
“Course Start Date” means the commencement date specified in the Booking Confirmation. For programmes involving pre-registration, onboarding or immediate eLearning access, the applicable commencement date may be the date specified as the registration or programme commencement date.
“Student” or “Learner” means the individual undertaking the Course or Programme.
“Customer”, “you” or “your” means the individual or organisation making the Booking and responsible for payment.
“Awarding Organisation” includes City & Guilds and any other awarding organisation, regulatory organisation, assessment organisation or certification body relevant to the Course.
1.2 Where the Customer is also the Student, obligations applying to either the Customer or Student apply to that individual.
1.3 Where a Customer books on behalf of another individual, including an employer booking on behalf of an employee, the Customer is responsible for ensuring that the Student is provided with and complies with the provisions of these Terms which apply to them.
1.4 Where the Customer is acting wholly or mainly for purposes outside their trade, business, craft or profession, the Customer may have additional statutory rights as a consumer.
Where a Booking is made by a business for business purposes, statutory rights which apply exclusively to consumers may not apply.
2. Course Durations and Study Weeks
2.1 Course durations advertised by OPTIMA may be expressed in study days, study weeks, months or other indicative periods.
2.2 A study week means a week during which the Student is ordinarily expected to attend, participate in or undertake the relevant part of their programme.
2.3 Advertised durations do not necessarily include periods during which scheduled teaching does not take place, including:
bank holidays;
public holidays;
Christmas and festive closures;
Easter closures;
summer closures;
planned centre closures;
scheduled academic breaks; and
other published non-study periods.
2.4 An advertised teaching duration is not necessarily the same as the total time required to complete a regulated qualification. The provisions of Section 14 regarding completion timescales apply.
3. Booking, Acceptance and Enrolment
3.1 Making a Booking
Bookings may be made:
online;
by telephone;
by email;
in person; or
by another method expressly accepted by OPTIMA.
3.2 A Booking is subject to:
availability;
eligibility;
payment arrangements;
any relevant prerequisite qualifications;
Awarding Organisation requirements; and
acceptance by OPTIMA.
3.3 Where OPTIMA accepts a Booking, we will normally issue a Booking Confirmation containing information such as:
the Course or Programme booked;
qualification details;
commencement dates;
delivery arrangements;
fees;
payment arrangements; and
training location where applicable.
The Customer and Student are responsible for checking this information promptly and notifying OPTIMA of any apparent error.
3.4 Booking Does Not Automatically Constitute Qualification Registration
Acceptance of a Booking does not necessarily mean that the Student has been formally registered with the relevant Awarding Organisation.
Awarding Organisation registration may take place at a later stage of a Programme once:
eligibility has been confirmed;
prerequisite qualifications have been completed;
required documentation has been received;
initial assessments have been completed;
any required skill scans have been completed; and
the Student has reached the appropriate stage of their Programme.
3.5 Eligibility Assessment
OPTIMA may require a Student to complete one or more of the following before or following enrolment:
an interview;
literacy or numeracy assessment;
initial assessment;
skill scan;
candidate background form;
occupational competence assessment;
identity verification;
qualification verification; or
other eligibility checks.
3.6 Where OPTIMA reasonably determines that:
the Student does not satisfy the applicable entry requirements;
information supplied during enrolment was materially inaccurate or incomplete;
the selected qualification is inappropriate for the Student; or
the Student cannot lawfully or appropriately be registered for the qualification,
OPTIMA may refuse or cancel enrolment or recommend an alternative pathway.
3.7 Where OPTIMA cancels a Booking solely because the Student does not meet an eligibility requirement which OPTIMA could reasonably have identified from accurate information supplied before enrolment, OPTIMA will deal with any sums paid fairly and in accordance with the circumstances and applicable law.
This does not apply where the Student or Customer supplied inaccurate, misleading or incomplete information.
4. Student Requirements
4.1 Unless expressly stated otherwise, Courses are delivered and assessed in English.
4.2 Students must have a level of spoken and written English sufficient to:
understand instruction;
understand safety information;
participate in assessments;
read relevant technical documents; and
produce written evidence where required.
4.3 Electrical training may involve practical activities requiring an appropriate level of mobility, coordination and physical ability.
Students who believe they may require reasonable adjustments should notify OPTIMA as early as reasonably possible.
4.4 OPTIMA will consider requests for reasonable adjustments in accordance with applicable equality legislation and Awarding Organisation requirements.
The availability of a particular adjustment may depend upon approval by the Awarding Organisation.
4.5 Electrical work is safety-critical and regulated. Completion of a training Course does not authorise a Student to undertake work beyond their competence or without any supervision, certification, registration or other legal requirement applicable to that work.
5. Fees and Payment
5.1 The Course fee will be stated in the Booking Confirmation, invoice or payment agreement.
5.2 Unless alternative arrangements have been agreed in writing, the full Course fee must be paid no later than 28 days before the applicable Course Start Date.
5.3 Where a Course has a specified pre-registration or Awarding Organisation registration date, that date may be treated as the applicable commencement date for payment purposes.
5.4 Payments may be accepted by:
debit or credit card;
bank transfer;
approved online payment method; or
another payment method accepted by OPTIMA.
5.5 Unless expressly stated otherwise, advertised consumer prices include VAT where VAT is applicable.
5.6 Instalment Arrangements
OPTIMA may agree to permit payment by instalments.
An instalment arrangement changes the timing of payment. It does not ordinarily reduce the total contractual Course fee.
5.7 Where an instalment agreement has been entered into, the Customer must ensure that sufficient funds are available on each agreed payment date.
5.8 Nothing in these Terms is intended to characterise a payment arrangement as regulated credit where it does not constitute regulated credit under applicable legislation.
5.9 Third-Party Payment Providers
Where payments are administered by an independent finance or payment-plan provider, separate terms may apply between the Customer and that provider.
6. Late or Missed Payments
6.1 Payments must be made on or before their agreed due date.
Where payment remains unpaid, OPTIMA may contact the Customer and provide a reasonable opportunity to remedy the arrears.
6.2 OPTIMA operates a staged approach to significant or continued non-payment, which may include:
Stage 1 – Notice of Arrears
Written notification that payment has been missed and a request for the account to be brought up to date.
Stage 2 – Suspension
Where arrears are not resolved, OPTIMA may temporarily suspend:
learning access;
tuition;
examinations;
assessments;
practical workshops;
assessor activity; and/or
certification processing,
where it is reasonable to do so.
Stage 3 – Termination
Continued material non-payment may result in termination of enrolment after appropriate written notice.
6.3 Where a Final Notice is issued, OPTIMA will normally provide a 14-day period in which the Customer may resolve the arrears before further recovery or termination action is considered.
6.4 Where reasonable administrative costs are incurred as a direct result of a failed or materially overdue payment, OPTIMA may charge a reasonable administration fee of up to £50.
Any such charge will be applied reasonably and proportionately and will not be imposed as a penalty.
6.5 Where an enrolment has been terminated and a lawful outstanding balance remains due, OPTIMA may refer the matter to:
a debt recovery provider;
a solicitor;
mediation or dispute resolution; or
the courts.
6.6 Students experiencing genuine financial difficulty are encouraged to contact OPTIMA at the earliest opportunity.
OPTIMA may, but is not obliged to, agree alternative payment arrangements.
6.7 Payment Pauses
Where appropriate under OPTIMA's Extenuating Circumstances Policy, OPTIMA may agree to temporarily pause payments.
Unless otherwise agreed in writing, payment pauses will not normally exceed three months per Booking or Course Package.
A payment pause does not automatically extend:
Awarding Organisation registration periods;
qualification expiry dates;
assessment deadlines; or
final certification dates.
7. Course-Specific Payment Requirements
7.1 Certain qualifications may require payment earlier than the standard payment date because of Awarding Organisation registration, examination scheduling or other external requirements.
Any such requirement will be communicated to the Customer.
7.2 City & Guilds 2396
The applicable City & Guilds 2396 examination fee and any outstanding Course fee must be paid by the examination registration deadline notified by OPTIMA.
Failure to make payment by that date may prevent OPTIMA from registering the Student for the examination.
7.3 AM2 / AM2E
Where a Course Package expressly includes an allowance towards an AM2 or AM2E assessment, the Booking Confirmation will determine the amount or basis of that allowance.
Unless expressly stated otherwise, an increase in the price charged by an independent AM2 assessment centre after the Booking was entered into is not automatically included in OPTIMA's original fee.
OPTIMA will make any included contribution clear before the AM2 booking is made.
8. Consumer Cancellation Rights and Refunds
8.1 Statutory Cancellation Rights
Where the Customer is a consumer and enters into a distance or off-premises contract, the Customer may have a statutory right to cancel the contract within 14 days of the date on which the contract is concluded, subject to applicable statutory exceptions.
Nothing in these Terms removes any statutory cancellation right.
8.2 Starting Services During the Cancellation Period
Where the Customer expressly asks OPTIMA to begin providing services during the statutory cancellation period and subsequently exercises a statutory cancellation right, OPTIMA may require payment of an amount proportionate to the services already supplied, where permitted by law.
Where the service has been fully performed during the cancellation period following the necessary express request and acknowledgement, the statutory right to cancel may be lost where the law permits.
8.3 eLearning and Digital Content
Where digital content is supplied immediately following enrolment, including access to digital learning materials, 14 day cooling off period will not apply. The Customer may be asked to:
expressly consent to digital content being supplied before expiry of the statutory 14-day cancellation period; and
acknowledge that beginning supply of that digital content may result in the loss of the applicable statutory cancellation right.
The loss of a statutory cancellation right will only occur where the legal requirements for doing so have been satisfied.
8.4 Where the required consent and acknowledgement have not been obtained, these Terms do not remove any cancellation right which the Customer may have under law.
9. Contractual Cancellation After the Statutory Cancellation Period
9.1 After any applicable statutory cancellation period has expired, cancellation is subject to this Section.
9.2 Where the Customer cancels sufficiently in advance of the Course Start Date, OPTIMA may retain or deduct a reasonable amount representing costs and losses actually or reasonably incurred as a result of the cancellation.
These may include:
Awarding Organisation registration fees;
administration;
learning materials already supplied;
digital licences already activated;
examination registrations;
tutor or assessor commitments;
practical resources specifically allocated;
payment processing costs; and
other non-recoverable costs reasonably incurred in connection with the Booking.
9.3 Cancellation charges will not be imposed as a penalty and will be applied in accordance with applicable consumer law.
9.4 Where cancellation occurs close to the commencement of a Course and OPTIMA cannot reasonably refill the allocated place, the amount recoverable may include a reasonable proportion of the lost Course fee, subject to OPTIMA taking reasonable steps to mitigate its loss where required by law.
9.5 For the purpose of administering contractual cancellation requests, Courses will normally be classified as:
Short Courses: six study days or fewer; or
Full Courses / Course Packages: more than six study days or containing multiple qualifications.
9.6 For Short Courses, cancellation requests should normally be received no later than 28 days before the Course Start Date.
For Full Courses and Course Packages, cancellation requests should normally be received no later than 56 days before the Course Start Date.
Cancellation after these points may result in substantially higher cancellation costs because training capacity, Awarding Organisation registrations, staffing and resources may already have been committed.
9.7 Deposits
A deposit is a payment towards the overall Course fee.
Following expiry of any applicable statutory cancellation rights, a deposit may be retained to the extent reasonably necessary to cover OPTIMA's losses and costs resulting from cancellation.
A deposit will not be retained as an arbitrary penalty.
9.8 After Commencement
Once a Course or Programme has commenced, there is no general contractual right to cancel simply because the Student:
changes their mind;
changes employment;
relocates;
no longer wishes to pursue the qualification; or
is unable to attend for reasons unrelated to a breach by OPTIMA.
Any statutory rights remain unaffected.
9.9 Extenuating Circumstances
A Student may ask OPTIMA to consider cancellation, suspension or another adjustment under the Extenuating Circumstances Policy.
Supporting evidence may be required.
Approval is not automatic and will depend upon the circumstances.
10. NVQ and Occupational Assessment Programmes
10.1 NVQs and other occupational competence qualifications are assessment programmes which depend substantially upon the Student generating and submitting appropriate workplace evidence.
10.2 Once Awarding Organisation registration, assessor allocation, assessment or portfolio activity has commenced, significant costs may already have been incurred.
Any cancellation request will therefore be considered having regard to:
applicable statutory rights;
registration charges;
assessment services already supplied;
assessor work already undertaken;
digital systems supplied; and
other reasonable costs incurred.
10.3 OPTIMA cannot guarantee the speed at which an NVQ or occupational assessment programme will be completed.
Completion depends materially upon the Student:
engaging with their assessor;
undertaking appropriate work activities;
obtaining workplace evidence;
submitting evidence;
arranging site access where required;
responding to assessor feedback; and
meeting all assessment criteria.
10.4 A Student may request a temporary suspension where circumstances prevent continued assessment.
Any suspension is subject to:
Awarding Organisation rules;
qualification registration validity;
certification deadlines; and
OPTIMA's agreement.
10.5 A voluntary pause does not automatically extend an Awarding Organisation registration period or qualification expiry date.
11. Course Transfers and Changes Requested by the Customer
11.1 Requests to move to another Course date or delivery group must be made in writing.
11.2 Subject to availability and approval, OPTIMA may permit one transfer.
11.3 A reasonable administration fee may apply. The standard fee is currently:
£79 for Short Courses; and
£179 for Full Courses or Course Packages.
11.4 Unless exceptional circumstances apply, a transfer request must be received more than 28 days before the relevant Course Start Date.
11.5 Where Awarding Organisation registration, examination scheduling, tutor allocation, facilities or other non-recoverable arrangements have already been made, a transfer may not be possible.
11.6 City & Guilds 2396
Because City & Guilds 2396 examinations are subject to advance Awarding Organisation registration and examination scheduling, movement to another examination series may not be possible once the applicable registration deadline has passed.
11.7 Changes to Personal Information
Students must provide accurate personal information.
Where incorrect information supplied by the Customer requires OPTIMA or an Awarding Organisation to amend an existing registration, OPTIMA may charge a reasonable administration fee, currently up to £50, plus any external charge imposed by the Awarding Organisation.
Evidence of the correct name or date of birth may be required.
12. Qualification, Awarding Body and Regulatory Changes
12.1 OPTIMA delivers qualifications and programmes subject to requirements set by external organisations including, where relevant:
City & Guilds;
ECS/JIB;
NET;
government departments;
regulators;
Awarding Organisations; and
other relevant industry bodies.
12.2 These organisations may amend, replace or withdraw:
qualification specifications;
qualification numbers;
units;
assessment methods;
entry requirements;
registration requirements;
registration periods;
practical requirements;
workplace evidence requirements;
minimum qualification durations;
occupational standards;
final registration dates;
certification dates; and
professional or card-scheme eligibility requirements.
These matters may be outside OPTIMA's reasonable control.
12.3 Where a qualification included within a Student's Programme is amended, replaced or withdrawn, OPTIMA will take reasonable steps to allow a Student who is already formally registered on that qualification to continue on it where this remains permitted.
12.4 Where registration or completion of the original qualification is no longer available, OPTIMA may make reasonable changes to the affected part of the Programme in order to provide an appropriate successor qualification or pathway.
12.5 OPTIMA will not make a material qualification change solely for commercial convenience under this provision.
12.6 Where reasonably practicable, affected Students will be notified of a material change and the likely effect on their Programme.
12.7 Enrolment with OPTIMA, or payment for a Programme, does not automatically constitute registration with an Awarding Organisation for every qualification contained within that Programme.
12.8 Where a Programme consists of multiple stages, registration may take place separately as the Student progresses and becomes eligible for each qualification.
12.9 OPTIMA therefore cannot guarantee that a Student will be registered for a specific qualification merely because that qualification formed part of the pathway described when the original Programme was purchased.
12.10 Where a qualification closes to new registrations before the Student reaches the appropriate stage, the Student may be required to undertake the applicable replacement or successor qualification.
13. Replacement Qualifications and Additional Requirements
13.1 A successor qualification may differ from the qualification originally anticipated.
Changes may include:
additional or different units;
revised examinations;
different practical assessments;
additional workplace evidence;
workplace observations;
employer involvement;
changes to occupational competence requirements;
different prerequisite qualifications;
mandatory minimum durations; or
additional assessment requirements.
13.2 Students must comply with mandatory requirements of the qualification applicable to them at the point of registration and assessment.
13.3 Additional External Costs
Where a regulatory or qualification change results in a new external charge imposed by an Awarding Organisation, assessment organisation, ECS/JIB, NET or another third party which was not included in the original Programme and could not reasonably have been anticipated at the date of Booking, that charge may be payable separately.
OPTIMA will notify the Customer before incurring such a charge wherever reasonably practicable.
13.4 OPTIMA will not impose an additional Course charge merely because OPTIMA has chosen, for its own commercial convenience, to substitute a qualification.
13.5 Material Changes
Where an external change fundamentally alters the nature of a Programme and no reasonably equivalent pathway can be provided, OPTIMA will discuss appropriate options with the Customer.
This may include, depending upon the circumstances:
an alternative Programme;
credit towards another qualification;
adjustment of the Programme; or
another appropriate remedy.
Any statutory rights remain unaffected.
14. Qualification Registration and Completion Periods
14.1 Unless otherwise stated in the Booking Confirmation or qualification-specific documentation, Students are normally expected to complete all required elements of their qualification within 24 months of the relevant OPTIMA registration date.
14.2 City & Guilds 2346
Where specified by OPTIMA's registration arrangements, the City & Guilds 2346 Experienced Worker Qualification has an expected maximum OPTIMA registration/support period of 18 months.
Any overriding Awarding Organisation requirements will take precedence.
14.3 The qualification registration period is distinct from the advertised teaching period.
For example, classroom delivery may take place over several weeks while the qualification itself may require later:
examinations;
practical assessments;
workplace evidence;
portfolio assessment;
quality assurance; or
certification.
14.4 Where the Student does not complete the required elements during the applicable registration period, re-registration may be required where the qualification remains available.
14.5 Where re-registration is available, the Student may be required to pay:
Awarding Organisation registration charges;
reasonable administration charges;
additional assessment fees; and
any other reasonable cost necessary to continue the qualification.
The applicable cost will be communicated before re-registration.
14.6 Re-registration does not guarantee that the original qualification or assessment specification remains available.
Where it has been replaced or withdrawn, Section 12 applies.
14.7 Students are responsible for remaining actively engaged with their Programme and allowing sufficient time to complete outstanding requirements.
Periods of inactivity, missed examinations, failure to submit evidence or voluntary study pauses do not automatically extend registration.
15. Course and Completion Timescales
15.1 Completion times quoted by OPTIMA are estimates based upon:
qualification requirements known at that time;
anticipated Student progress;
scheduled teaching;
assessment availability; and
normal Awarding Organisation processing.
15.2 Unless OPTIMA expressly guarantees a deadline in writing, an indicative duration does not constitute a guarantee that the Student will obtain:
a qualification;
an NVQ;
an ECS card;
an ECS Gold Card;
AM2/AM2E;
competent person scheme membership; or
another professional status
within that period.
15.3 Completion may be affected by:
attendance;
Student progress;
examination results;
resits;
evidence submission;
workplace opportunities;
assessor activity;
site visits;
internal quality assurance;
external quality assurance;
Awarding Organisation processing;
certification;
Student inactivity;
qualification changes; and
mandatory qualification durations.
15.4 Where an Awarding Organisation or industry body imposes a mandatory minimum qualification duration, that requirement takes precedence over any shorter indicative duration previously supplied.
16. Workplace Evidence and Occupational Competence
16.1 Where a qualification requires occupational competence to be demonstrated in a real working environment, the Student is responsible for obtaining and maintaining suitable access to:
appropriate electrical work;
work sites;
occupational tasks;
workplace evidence;
employer cooperation; and
suitable opportunities for assessment.
16.2 Evidence may include:
assessor observations;
photographs;
videos;
work records;
job documentation;
witness testimony;
professional discussions;
reflective accounts; and
other evidence required by the qualification.
16.3 Unless OPTIMA has expressly agreed otherwise in writing, the Course fee does not include the provision of:
employment;
work placements;
subcontracting opportunities;
work sites; or
guaranteed access to occupational evidence.
16.4 A Student's inability to obtain suitable workplace evidence does not remove the assessment requirements imposed by the relevant qualification.
17. Attendance, Examinations and Assessments
17.1 Students are expected to attend all compulsory sessions, examinations, assessments and practical workshops.
17.2 There is no automatic entitlement to a refund or free replacement session where the Student fails to attend.
17.3 Where exceptional circumstances arise, OPTIMA may consider an alternative arrangement in accordance with its policies and subject to:
capacity;
Awarding Organisation requirements;
examination deadlines; and
additional costs.
17.4 Extreme Weather and Travel Disruption
Students are responsible for making reasonable arrangements to attend scheduled training.
OPTIMA will not normally be responsible for a Student's inability to attend because of:
road conditions;
public transport cancellations;
personal travel disruption; or
adverse weather,
where OPTIMA remains able to provide the scheduled training.
17.5 Where OPTIMA itself is unable to provide a scheduled session, OPTIMA will make reasonable arrangements to provide an alternative or other appropriate remedy.
17.6 Examinations and Assessments
Once an examination or assessment has been formally registered or booked, cancellation, non-attendance or late arrival may result in loss of the examination fee.
A further fee may be payable for another attempt.
17.7 Students arriving after an examination has commenced may be refused admission where required by examination regulations.
17.8 Resits
Unless expressly stated as included in the Booking Confirmation, examination and assessment resits are chargeable.
17.9 Photographic Identification
Students must provide acceptable photographic identification where required by an Awarding Organisation or examination body.
Failure to provide acceptable identification may prevent participation in the examination or assessment.
17.10 Reasonable Adjustments
Requests for examination reasonable adjustments must be made as early as possible and supported by evidence acceptable to the Awarding Organisation where required.
Approval remains subject to the applicable Awarding Organisation rules.
18. Certification
18.1 Certificates will only be claimed or released where:
the required assessments have been successfully completed;
all relevant evidence has been accepted;
applicable internal quality assurance requirements have been completed;
any required external quality assurance has been completed;
Awarding Organisation requirements have been satisfied; and
all sums properly due to OPTIMA in connection with the qualification have been paid, where withholding is lawful.
18.2 Completion of an assessment by a tutor or assessor does not necessarily mean that certification can be immediately claimed.
Work may be subject to:
internal verification;
internal quality assurance;
sampling;
standardisation;
External Quality Assurance; and
Awarding Organisation review.
18.3 An assessor's initial indication that work has passed does not prevent legitimate amendments or additional evidence being requested through subsequent quality assurance processes.
18.4 OPTIMA is not responsible for delays caused solely by an Awarding Organisation or other independent external body, but will take reasonable steps to progress matters within its control.
19. Student Conduct and OPTIMA Rules
19.1 Students must comply with:
health and safety requirements;
examination regulations;
academic integrity requirements;
centre rules;
safeguarding requirements;
acceptable behaviour standards; and
other reasonable policies notified by OPTIMA.
19.2 Serious misconduct may include:
violence or threats;
harassment;
deliberate damage;
serious safety breaches;
examination malpractice;
cheating;
fraudulent evidence;
impersonation;
abusive conduct; or
repeated serious breaches of reasonable centre rules.
19.3 Where appropriate, OPTIMA may investigate alleged misconduct and provide the Student with an opportunity to respond.
19.4 Serious misconduct may result in:
removal from a session;
suspension;
reporting to an Awarding Organisation;
cancellation of an examination;
termination of enrolment; or
other proportionate action.
19.5 Where enrolment is terminated because of serious misconduct, any financial consequences will be determined reasonably having regard to services already supplied, costs incurred and applicable law.
20. Course Materials, Intellectual Property, Tools and Books
20.1 Course paperwork and learning materials may be provided electronically or in hard copy.
20.2 Copyright and other intellectual property rights in materials supplied by OPTIMA are owned by OPTIMA or its licensors.
20.3 Students may use Course materials for their personal study.
They must not, without permission:
reproduce materials commercially;
distribute them;
publish them online;
sell them;
share account credentials; or
otherwise exploit them in breach of intellectual property rights.
20.4 OPTIMA may sell books, tools or other goods separately.
Where goods are purchased, any applicable statutory consumer rights and separate returns terms will apply.
21. Advice About Careers, Registration Schemes and Professional Status
21.1 OPTIMA may provide information concerning:
qualification pathways;
ECS/JIB requirements;
competent person schemes;
career pathways;
further qualifications;
industry requirements; and
potential professional progression.
21.2 Such information is based upon requirements and information reasonably available to OPTIMA at the time it is provided.
21.3 Requirements imposed by third parties may subsequently change.
OPTIMA does not control the future rules of organisations such as:
ECS/JIB;
NET;
City & Guilds;
NICEIC;
NAPIT;
other competent person schemes;
employers; or
regulatory bodies.
21.4 OPTIMA cannot guarantee that completion of a particular qualification will automatically result in:
employment;
a particular salary;
business success;
ECS card eligibility;
competent person scheme membership; or
acceptance by another organisation.
21.5 OPTIMA will not be responsible merely because an external organisation changes its criteria after accurate information was originally provided.
This does not exclude liability where OPTIMA itself has made a legally actionable misrepresentation or has otherwise breached its statutory obligations.
22. No Guarantee of Academic or Occupational Success
22.1 Enrolment does not guarantee that a Student will pass a Course, examination, assessment or qualification.
22.2 The Student remains responsible for:
study;
attendance;
preparation;
assessment performance;
practical competence;
portfolio evidence; and
engagement with feedback.
22.3 Completion of a training programme does not itself guarantee that a Student is competent to undertake every type of electrical work without supervision.
Students must only undertake work for which they are competent and appropriately authorised.
22.4 Statements regarding likely employment prospects, earnings or career opportunities are general guidance unless expressly stated to constitute a contractual guarantee.
23. Changes to Delivery Arrangements
23.1 OPTIMA may make reasonable operational changes where necessary for the effective delivery of training.
These may include reasonable changes to:
tutors;
classrooms;
training rooms;
training centres;
delivery platforms;
timetables;
group composition;
delivery between classroom and online study; or
the order in which units are delivered.
23.2 OPTIMA will not use this clause as an unrestricted right to make fundamental changes to the service originally purchased.
23.3 Where a proposed change would materially alter the Programme, OPTIMA will consider the impact on the Student and provide an appropriate solution in accordance with applicable consumer law.
24. Events Outside Reasonable Control
24.1 OPTIMA will not be responsible for delay or failure caused by circumstances outside its reasonable control where it has taken reasonable steps to minimise the impact.
Examples may include:
severe weather;
widespread transport disruption;
fire;
flooding;
epidemic or pandemic restrictions;
utility failure;
serious IT or communications outages;
industrial action;
government action;
Awarding Organisation system failures; or
unforeseen closure of premises.
24.2Where such circumstances materially affect a Course, OPTIMA may use reasonable alternatives including:
rescheduling;
remote delivery;
alternative venues;
replacement sessions; or
other appropriate arrangements.
24.3 Nothing in this Section removes any statutory remedy available where OPTIMA ultimately cannot provide contracted services.
25. Accommodation and Travel
25.1 Unless expressly included within the Booking Confirmation, Students are responsible for their own:
travel;
accommodation;
parking;
meals; and
incidental expenses.
25.2 Any information provided by OPTIMA concerning third-party accommodation is provided for convenience only.
Unless OPTIMA expressly contracts to provide the accommodation, the Student contracts directly with the accommodation provider.
26. Liability
26.1 OPTIMA will provide its services with the level of reasonable care and skill required by applicable law.
26.2 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
any liability which cannot legally be excluded or restricted.
26.3 Consumer Bookings
Where the Customer is a consumer, OPTIMA does not seek to exclude responsibility for losses which are a foreseeable consequence of OPTIMA's breach of contract or failure to exercise reasonable care and skill.
26.4 OPTIMA is not responsible for losses which result from:
the Student failing to follow reasonable instructions;
inaccurate information supplied by the Customer or Student;
the Student undertaking work beyond their competence;
failure to satisfy Awarding Organisation criteria;
failure to obtain workplace evidence;
failure of an examination or assessment;
changes imposed by an independent third party; or
circumstances which OPTIMA could not reasonably have avoided,
except to the extent that OPTIMA itself has breached a legal duty.
26.5 Business Customers
Where the Customer is acting in the course of business, and to the fullest extent permitted by law, OPTIMA will not be liable for:
loss of profit;
loss of business;
loss of opportunity;
loss of anticipated savings;
loss of goodwill; or
indirect or consequential commercial loss.
26.6 For business Customers only, OPTIMA's aggregate contractual liability arising from a particular Booking will ordinarily be limited to the total fees paid or payable for that Booking, except where liability cannot lawfully be limited.
27. Conduct Outside OPTIMA Activities
27.1 OPTIMA is responsible for its staff and representatives to the extent required by applicable law.
27.2 OPTIMA is not responsible for purely personal activities or conduct of an individual which are wholly unrelated to and outside the course of their employment, engagement or authorised duties for OPTIMA, except where the law provides otherwise.
27.3 Nothing in this clause is intended to exclude any liability which the law imposes upon OPTIMA.
28. Data Protection and Communications
28.1 OPTIMA processes personal data in accordance with applicable data protection legislation and its Privacy Notice.
28.2 The Privacy Notice explains:
what personal data is collected;
why it is collected;
the legal basis for processing;
how it may be shared;
how long it is retained; and
the rights available to data subjects.
28.3 Where the Customer books on behalf of another person, the Customer should ensure that the Student is made aware of OPTIMA's Privacy Notice.
28.4 Call Recording
Telephone calls may be recorded for legitimate purposes including:
quality assurance;
staff training;
dispute resolution;
security; and
administration.
Where applicable, callers will be informed that recording may take place.
28.5 Service Communications: By providing contact information, the Customer and Student acknowledge that OPTIMA may send communications reasonably necessary for the administration and delivery of their Booking.
These may include:
enrolment information;
joining instructions;
timetable changes;
assessment reminders;
examination information;
payment notifications;
qualification updates;
account information; and
learner support communications.
28.6 SMS: Service-related communications may be sent by SMS or similar messaging service where a mobile telephone number has been supplied.
28.7 Marketing Communications: Marketing communications will only be sent where OPTIMA has an appropriate lawful basis to do so.
Where marketing SMS or electronic communications are sent, recipients may opt out using the unsubscribe method provided, including replying STOP where appropriate.
Opting out of marketing does not prevent OPTIMA from sending essential service communications concerning an active Booking or account.
28.8 Customers and Students are responsible for ensuring that their contact information remains current.
29. Complaints
29.1 OPTIMA aims to resolve concerns fairly and promptly.
29.2 Formal complaints should be submitted in writing in accordance with OPTIMA's Complaints Policy.
29.3A complaint should contain sufficient information to enable OPTIMA to investigate the matter, including where relevant:
the Student's name;
qualification;
relevant dates;
nature of the complaint; and
supporting documentation.
29.4 Nothing in OPTIMA's internal complaints procedure prevents a Customer from exercising any statutory right or legal remedy available to them.
30. Notices
30.1 Formal notices under these Terms may be sent to the most recent postal or email address supplied by the Customer or Student.
30.2 The Customer and Student must notify OPTIMA of any material change to their contact details.
31. Changes to These Terms
31.1 OPTIMA may update these Terms from time to time for future Bookings.
31.3 OPTIMA will not retrospectively impose a material change to an existing Customer's contractual rights merely by publishing revised Terms on its website.
31.4 Where a change to an existing arrangement is necessary because of:
legislation;
regulation;
an Awarding Organisation requirement;
an industry-body requirement;
health and safety;
qualification replacement; or
another legitimate external requirement,
Sections 12 and 13 will apply.
32. Severability
If a court or other competent authority determines that any provision of these Terms is unlawful, invalid or unenforceable, that provision will be treated as modified to the minimum extent necessary to make it valid where legally possible.
The remaining provisions will continue in effect.
33. No Waiver
If OPTIMA does not immediately enforce a right under these Terms, this does not mean that the right has been waived.
Likewise, permitting an exception in one case does not require OPTIMA to provide the same exception in another case.
34. Entire Agreement
These Terms, together with the applicable:
Booking Confirmation;
invoice;
agreed payment plan;
enrolment documentation; and
any qualification-specific written terms,
form the agreement between the Customer and OPTIMA concerning the Booking.
Nothing in this clause excludes liability for fraud or fraudulent misrepresentation or prevents a consumer from relying upon rights arising from information which is binding under applicable consumer law.
35. Governing Law and Jurisdiction
35.1
These Terms and any dispute or claim arising from them are governed by the law of England and Wales.
35.2
Where the Customer is a consumer, nothing in this clause removes any mandatory jurisdictional rights available to the Customer under applicable law.
35.3
Subject to those rights, the courts of England and Wales will have jurisdiction over disputes arising from these Terms.
36. Copyright
This document is © Optima Electrical Training Ltd and/or its licensors.
Customers and Students may retain or print a copy for their personal records.
Except where permitted by law, this document may not be reproduced, distributed, published or commercially exploited without the prior written permission of OPTIMA Electrical Training Ltd.
All rights reserved.