Terms and conditions of service for client companies and their contractual agreements with independent certified learning providers
These terms and conditions of service have been developed by Appleton Greene & Co for all client companies that employ the services of Appleton Greene independent certified learning providers and their corporate training programs. Client companies consent to abide by these terms and conditions of service in the nature of goodwill in which they represent.
AGC-T1
CONTRACTUAL AGREEMENT
This contractual agreement is directly between the client company and the independent certified learning provider who is responsible for planning, developing, implementing and managing their corporate training program. Appleton Greene provides support and assistance to both client companies and to learning providers as an independent facilitator and mediator, but corporate training programs are not developed or implemented directly by Appleton Greene or by any of the company’s employees or representatives. Upon completion of this agreement, it will be forwarded to both the learning provider and the client company for signing. However please note that completion of this application form constitutes a legally binding agreement on behalf of the client company.
AGC-T2
PROGRAM DETAILS AND COSTSAll Appleton Greene corporate training programs are process-driven. They are used as vehicles to implement tangible business processes within clients’ organizations, together with training, support and facilitation during the use of these processes.
Corporate training programs are therefore implemented over a sustainable period of time, that is to say, between 1 year (incorporating 12 monthly workshops), and 4 years (incorporating 48 monthly workshops). Your program information guide will specify how long each program takes to complete. Each workshop takes 6 hours to implement and can be undertaken either on the client’s premises, an Appleton Greene serviced office, or online via the internet.
This enables clients to implement each part of their business process, before moving onto the next stage of the program and enables employees to plan their study time around their current work commitments. The result is far greater program benefit, over a more sustainable period of time and significantly improved return on investment.
Monthly cost: USD$2,500.00
Monthly Workshops: 6 hours
Monthly Support: 4 hours
Contract period: Between 12 and 48 months
Payment is required monthly in advance of service provision by international bank wire transfer.
Appleton Greene & Co charges learning providers a total of 20% service fee, inclusive of any introducers fee, of the total value of any and all corporate training programs which are provided through Appleton Greene & Co or indirectly from other Appleton Greene & Co member consultants or learning providers. Learning providers can also act as introducers of consulting assignments to Appleton Greene & Co and to other accredited consultants. Appleton Greene & Co agrees to pay learning providers 10% of the total value of any program orders which are directly introduced by the learning provider to Appleton Greene & Co or to other Appleton Greene & Co accredited consultants or learning providers.
All service fees quoted are net of any sales tax.
AGC-T3
PAYMENT OF FEES
Upon completion of this agreement, an annual invoice will be raised by Appleton Greene for and on behalf of the independent learning provider. All program fee payments are payable monthly in advance of service provision on or around the 1st day of each calendar month. Service start dates will also be planned to commence from the 1st day of each calendar month. All payments need to be made in USD currency and by international bank wire transfer to Appleton Greene’s international client account, details of which are made available to clients upon request.
AGC-T4
ACS CLIENT INFORMATION HUB (CIH)
The Certified Learning Provider (CLP) corporate training program, which is provided by the independent learning provider, is clearly explained within the learning provider’s Client Information Hub (CIH). These program descriptions are embodied into the terms and conditions of this application form. In the event of any conflict the terms and conditions of this application form will prevail.
AGC-T5
LIABILITY
Appleton Greene Corporate training programs are provided by independent learning providers on a best efforts basis. Any advice or support provided by independent learning providers constitute their opinions and do not necessarily reflect the opinions of Appleton Greene. Client companies accept responsibility for any decisions that they make as an organization and cannot hold Appleton Greene or independent learning providers responsible for decisions which they make as an organization relating to any advice or support provided. Appleton Greene will be happy to act as a mediator in the event of any contractual disputes between client companies and independent learning providers.
AGC-T6
TERMINATION
The fixed term of this contractual agreement is a period of between 12 and 48 months and will be confirmed within the learning provider’s Client Information Hub (CIH), after which it can be renewed for a further period of 12-48 months by mutual consent. This agreement cannot be terminated before the initial program period has expired unless both parties (the client company and the independent learning provider) both agree to do so by mutual consent in writing. Fixed program agreements provide both the client company and the independent learning provider with the required stability in order to ensure that a consistent service is provided.
Learning providers undertake to act responsibly and with integrity and honesty and in the nature of goodwill that this agreement represents. Appleton Greene & Co reserves the right to refuse or to cancel membership if it is deemed that the learning provider has not adhered to their terms of membership or the terms of this agreement, or if they are deemed to have acted in an unprofessional, unreasonable, or irresponsible manner, or if they are deemed to have brought Appleton Greene & Co or client companies into disrepute.
AGC-T7
SERVICE REFUND POLICY
Appleton Greene program fees are not refundable under any circumstances. Appleton Greene & Co takes great care to ensure that as much information is provided to the client company about the learning provider’s corporate training program in advance of this contractual service agreement being completed and before any program fees are paid. This incorporates a detailed Client Information Hub (CIH), which is made available to client companies. Client companies are also able to conduct their own research into the independent learning provider and into the proposed program benefits and have the option of completing a Client Telephone Conference (CTC) Form, if they have any questions that they would like to ask, or can arrange a personal interview with the independent learning provider, either in person, or over the telephone, or by video conference. The application process takes a minimum of four weeks and incorporates the provision of detailed service information and the requirement for the client company to complete a detailed application form. A further offer period of two weeks provides ample time for due consideration. Appleton Greene & Co and the independent learning provider do not accept any financial obligation for client companies who have either misunderstood or misinterpreted the information provided, or who have not been able to benefit from the program for corporate reasons. It is the client company’s responsibility to provide all of the information that is required under the terms and conditions of this agreement within a timely manner in order to enable Appleton Greene & Co and independent learning provider to adequately ensure professional service provision. Appleton Greene & Co and independent learning providers are not responsible for client companies who decide not to utilize the program which is available to them or are not able to dedicate the required time or commitment during their designated program service period.
AGC-T8
COPYRIGHT
All of the contents contained within Appleton Greene & Co service support communications, including emails, information guides, training program material and the websites are protected by copyright. None of the material or content should be copied or reproduced without the prior written consent of Appleton Greene & Co. All rights reserved @ Appleton Greene & Co Global Limited.
AGC-T9
REPRESENTATION
Learning providers can refer to themselves as an Appleton Greene & Co Certified Learning Provider (CLP) as is deemed appropriate. They do not however represent Appleton Greene & Co and are not employees or agents of Appleton Greene & Co or of any of their associated companies thereof.
AGC-T10
PRIVACY POLICY AND TERMS OF USE
The Appleton Greene & Co privacy policy and terms of use are also embodied as part of the terms and conditions of this contractual agreement. Appleton Greene & Co also reserves the right to amend or update its terms and conditions of service at any time.
AGC-T11
INDEMNIFICATION
The learning provider agrees to indemnify Appleton Greene against any civil or criminal legal cases and subsequent financial damages therein from client companies or indeed any third parties, if the case is in relation to work or assignments that have been undertaken in whole or in part by the learning provider. The learning provider is responsible for ensuring that they have an adequate Professional Indemnity Insurance policy in place in order to provide reasonable cover against any potential claims relating to professional negligence or a lack of duty of care.
AGC-T12
PRIVACY AND CONFIDENTIALITY
Learning providers are bound by Appleton Greene’s privacy and confidentiality policy both during their membership period and for an indefinite period thereafter. This prevents learning providers from disclosing, publishing, communicating (either written or verbal), any information whatsoever which relates to their corporate training program engagements, client companies, learning providers, other member consultants, or Appleton Greene, without prior written consent being obtained from Appleton Greene. Learning providers are expected to act responsibly and to protect third party rights to privacy and confidentiality and failure to comply with this policy may result in civil or criminal prosecution.
AGC-T13
APPLICABLE LAWS
Learning providers must operate within and abide by all applicable local, national and international laws at all times and have a duty to inform Appleton Greene if they have been arrested or charged with any offense, regardless of whether it is of a commercial or personal nature. Learning providers also have a duty to inform Appleton Greene if they are declared bankrupt or insolvent during their period of membership. Learning providers agree to indemnify Appleton Greene against any legal cases which arise as a result of the learning provider’s own personal malpractice or misdemeanor.
AGC-T14
INTEGRITY
Learning providers have a duty and responsibility to conduct themselves with integrity during and after their association with Appleton Greene and to act in the nature of goodwill which this agreement represents. Learning providers should strive to ensure that they conduct themselves in a reasonable and proper manner at all times during their association with Appleton Greene and thereafter.
AGC-T15
DISBURSEMENTS
The costs and program fees quoted incorporate a service which is provided online via the Appleton Greene cloud servers or via email. If client companies require independent learning providers to attend their premises, their office, or to attend any external meetings, then the client company will be responsible for covering the cost of any and all disbursements, including travel and accommodation. Such disbursements need to be mutually agreed in advance between the client company and the independent learning provider.
JURISDICTION
Appleton Greene & Co Certified Learning Provider (CLP) Client Program Order (CPO) terms and conditions of service are developed in accordance with and are governed by Cayman Islands and English Law. Learning providers and client companies accept that any litigation or court action will in all cases take place within the jurisdiction of the Cayman Islands, regardless of the geographical location of individual learning providers or client companies.
Your statutory rights are not affected.
Registered Address: Appleton Greene & Co, 10190 PMB 53, Galleria Plaza, Grand Cayman KY1-1002, Cayman Islands.
Company Registration Number: CM-284599