THE CPD STANDARDS OFFICE – TERMS AND CONDITIONS OF BUSINESS OVERSEEN BY THE PROFESSIONAL DEVELOPMENT CONSORTIUM

The CPD Standards Office forms part of the Professional Development Consortium. Completing this document creates a contract between your organisation and The Professional Development Consortium. Please see the terms & conditions on pages 4 – 7 for details of the contract.

These are our Terms and Conditions of business and we ask you to take the time to read them. These Terms and
Conditions constitute a contract between your organisation and the Professional Development Consortium. Any
reference to ‘we’, ‘us’, ‘our’ or ‘Company’ means the Professional Development Consortium. Any reference to
‘you’ or ‘your, or any similar expression means the individual, company or organisation with whom we will be
working with. Any reference to ‘Registered Providers’ means your named status once you have entered into this
contractual agreement.

1. YOUR SUBSCRIPTION:
You will be required to complete a registration form which is the contractual agreement to join the CPD
Standards Office. If your registration is accepted, then you will receive a written confirmation by email that you,
or your organisation, has become a Registered Provider with the CPD Standards Office. Please note that
registration is open to businesses, online or mobile learning providers, conference providers, coaches and
speakers. Registration is assigned to the applicant and you are not allowed to re-assign the rights and obligations
elsewhere without prior written consent.

Your Annual Subscription Fee: On registering with the CPD Standards Office, you will receive 6 weeks free of
charge on your first year’s subscription with the Office which will cover your assessment period. Payment is due
upon registration, and needs to be received in full before our assessment processes will begin.

Introductory Rate Periods: We may offer you a trial period at the start of your subscription, or a longer
assessment term as a special offer subscription rate. The length and cost of any trial or offer will vary from time
to time, but full details will always be made available at the time of your registration. Please note that we only
offer one introductory rate, or discounted subscription in any 12 month period.

Different subscription packages: You have the opportunity to increase the number of CPD activities accredited
on your subscription, and this may increase your annual subscription fee. As you would expect, fees for different
subscription packages may increase over time, and we have no obligation to keep any fee rate open for a certain
length of time.

At the end of any trial or offer period, your registration subscription will continue automatically at the standard
rate unless you tell us otherwise during your trial. Soon after you register with us, we will write to you to confirm
when your trial or offer period starts and ends, and that if we don’t hear that you want to cancel by the end of
this period, your subscription will continue at the standard rate previously notified to you. You may cancel your
subscription at any time during your trial or offer period by emailing info@cpdstandards.com.
Paying for your subscription: Full details of your subscription fee will be provided to you during the registration
process, and payment is due upon registration. Bank payments from overseas will incur a £25.00 exchange
surcharge.

Payment can be made via BACS, CHEQUE, CREDIT CARD or PAYPAL.
Failure to pay your subscription: If you fail to pay any subscription fee on the due date we may, without
prejudice, suspend your registration until payment has been made in full, or we may charge interest (statutory
interest + Bank of England base rate) on the outstanding sum which will accrue on a daily basis until the actual
date of payment.
Consistent failure to pay your subscription will inevitably result in the CPD Standards Office pursuing payment
through the small claims court.
Renewal of membership: Your CPD Standards Office subscription forms a one year binding contract, whereby the
membership subscription will automatically renew after one year through a direct invoice. The subscription
amount will remain at the same amount as the first year unless you have advised any changes or upgrades to your
membership.

2. CANCELLATION/TERMINATION:
You may cancel your registration subscription by emailing us at info@cpdstandards.com. We require a 2 month
notice period for cancellations, and cancellations will only be granted to organisations who have settled their
subscription fee in full, and the final amount will be pro-rated against the subscription start date. Please be
aware that because your subscription can be used immediately, you do not have the statutory cooling off period
during which you may cancel your subscription without charge. We may terminate your subscription to the CPD
Standards Office immediately by giving you written notice if:
• You breach the conditions of these Terms and Conditions
• You are unable to pay the subscription fees
Upon termination of your Registered Provider status all rights and licences granted to you under these Terms and
Conditions automatically cease and you may not use any of the CPD Standards Office’s trademarks and other
intellectual property rights.

3. COPYRIGHT AND TRADEMARKS:
You acknowledge that all intellectual property rights and any trademarks pertaining to the CPD Standards Office
that are utilised by your organisation, as a Registered Provider, are owned by or licensed by the CPD Standards
Office, including but not limited to:

  • We hereby grant you a non-exclusive and non-transferrable licence to use such Company Trade
    Marks and Copyrighted material solely for the purposes of your Registered Provider status with the
    CPD Standards Office in accordance with these conditions
  • You undertake to follow the instructions given in the permitted use of the Company Trade Marks
    and Copyrighted material and any of our other intellectual property rights.
  • You will be provided with a copy of our current guidelines for use of the Company Trademarks and
    Copyrighted materials with your Registered Provider welcome documents. We reserve the right to
    update such guidelines
  • We reserve the right to terminate immediately your right to use any of the Company Trade Marks
    by giving you written notice if, in our opinion, your continued use could be prejudicial to the
    reputation of the Company and/or its other Registered Providers.

4. CPD STANDARDS OFFICE – FACILITY AND SERVICES:

Where we are asked to review any CPD materials submitted by you: These materials being suitable for our
Standards facility, you acknowledge and accept that we are not reviewing technical content accuracy or
completeness of such CPD materials themselves. Our review is limited to assessing whether these materials are
suitable and comply with our guidelines on the use of training materials for CPD and further learning purposes.
Hard copy materials submitted to us will not be returned unless we receive a specific request and will incur postal
charges.
We disclaim all liability for the content and use of any CPD materials by you or by any third party whether or not
they bear any Company Trade Marks.
You are not permitted to use the CPD Standards Office logos or documentation in relation to any CPD Materials
without our prior written agreement and such acceptance shall be in our sole discretion and subject to review at
any time by us.
You retain all intellectual property rights in your training and CPD materials and you grant us a licence to use such
CPD materials to the extent required to allow us to perform our obligations under these conditions.
The CPD Standards Office is not liable for any claim or action where your training and CPD materials infringe any
third party’s intellectual property rights, infringe any other rights or if they are in any way unlawful; hence you
shall indemnify us against all costs, claims, damages, losses and expenses that arise from this situation.

5. OUR LIABILITY:
To the fullest extent permitted by law, we the Company and any third parties connected to us:
1. Shall not be liable to you, the Registered Provider for any costs, expenses, loss or damage (whether
direct, indirect or consequential, and whether economic or other) arising from your exercise of any
Registered Provider or other rights granted to you under these Conditions
2. Hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by
statute, common law or equity
3. Nothing in these conditions shall have the effect of excluding or limiting any liability for death or personal
injury caused by negligence or for fraud
4. Our aggregate liability to you in respect of claims arising out of or in connection with these Conditions or
any collateral contract, whether in contract or tort (including negligence) or otherwise shall in no
circumstances exceed 200% of the total Registered Provider fee payable by you in the year in which the
claim arises.

6. INDEMNITY:
As a Registered Provider you will indemnify the Professional Development Consortium against all liabilities, costs,
expenses, damages and losses.
This includes any direct, indirect, or consequential losses, loss of profit, loss of reputation, and all interest
penalties and legal and other reasonable professional costs and expenses suffered or incurred by us, that arise out
of or in connection with any breach of these Conditions by you including (but not limited to); any breach of any
provisions relating to the licensing of the Company’s Trade Marks or other intellectual property to the Registered
Provider or out of our use, review and standards of any CPD materials.

7. CONFIDENTIALITY:
Each party undertakes that it shall not disclose to any person any confidential information concerning the
business, affairs, customers, clients or suppliers of the other party.
Each party may disclose the other party’s confidential information:
• To its employees, officers, representatives or advisers who need to know such information for the
purposes of carrying out the party’s obligations under this agreement. Each party shall ensure that its
employees, officers, representatives or advisers to whom it discloses the other party’s confidential
information comply with this clause

• As may be required by law, court order or any other governmental or regulatory authority, no party shall
use any other party’s confidential information for any purpose other than to perform its obligations under
these conditions.

8. OTHER IMPORTANT THINGS YOU NEED TO KNOW:
You must keep your subscription details confidential to help us maintain the security of the CPD Standards Office
and website.
Your formal CPD Accreditation certificates and documents will be issued in the name that you have registered as
the provider name. Any additional changes or edits may incur an administration charge.
What happens if you don’t comply with these terms? We will treat any non-compliance as a serious issue, and if
we think you have breached any of these terms, we may take any action that we consider appropriate. This may
include the temporary or permanent suspension of the use of the CPD Standards Office accredited logos and may
include legal proceedings.

9. GENERAL:
These conditions and the documents referred to in them constitute the whole agreement between the Company
and the Provider and supersede all previous agreements between them
Providers must acknowledge that on application, you have not relied on and shall have no right or remedy for any
statement, representation or warranty other than as expressly set out in these Conditions. Nothing in this clause
shall limit or exclude any liability for fraud.
No variation of these Conditions shall be effective unless in writing and signed by the Company and the Registered
Provider.
No person other than the Company or the Registered Provider shall have the right to enforce these Conditions.
Nothing in these Conditions establishes any partnership or joint venture between the parties, constitutes either
party, the agent of another party, nor authorises either party to make or enter into any commitments on behalf of
the other
No failure or delay by us in exercising (or partial exercising of) any right or remedy available to us under these
Conditions or at law shall constitute a waiver of that right or remedy or restricts its further exercise.
If any court or competent authority finds any provision of the conditions to be invalid, illegal or enforceable, that
provision, shall, to the extent required, be deemed to be deleted, and the remaining provisions of these
Conditions shall not be affected. If any relevant provision would become valid, enforceable or legal if part of it
were deleted, it shall apply with the minimum modification necessary to make it legal, valid and enforceable.
These conditions (and any related disputes or claims) shall be governed by and construed in accordance with
English law and the parties hereby irrevocably agree to the exclusive jurisdiction of the English Courts.