Driver CPC Consortium Terms & Conditions

JURISDICTION

These Terms and Conditions and the Contract shall be governed by the laws of England and any dispute shall be subject to the exclusive jurisdiction of the English courts.

  1. You agree to be legally bound by these terms and conditions, which shall take effect immediately upon clicking the ‘agree’ box on the Consortium Application Form, and the Additional Trainer Application Form on the TMconsultant website
  2. TMconsultant Consortium Members must abide by these terms and conditions and comply with the Vehicle Trainees (Certificates of Professional Competence) Regulations 2007 (as amended) (SI No 2007/6051). These Terms and Conditions are used in conjunction with the TMconsultant Consortium Member SoC, Policies and Processes Document which must be adhered to
  3. TMconsultant reserves the right to revise these terms and conditions at any time
  4. Only those Consortium Members contracted to provide periodic training on behalf of TMconsultant are entitled to advertise their training provision as 'approved for Driver CPC'. Consortium Members my only use the 'approved for Driver CPC' Logo provided by TMconsultant
  5. Consortium Members must provide details of a named person who is responsible for their application. This named person should hold a senior position within their business
  6. The Consortium member seeking approval must tick the box on the application form, signifying their acceptance of these terms and conditions and procedures. Applications for approval must be made using the online application form together with supporting evidence
  7. Consortium Members must have a specified business or home address
  8. Consortium Members may operate more than one site. Each site must have a separate specified address. PO boxes are not acceptable
  9. Where Consortium Members operate at more than one location, the consortium member must ensure that all terms and conditions are met at each location. If any irregularities are identified at any site, TMconsultant may remove or suspend consortium membership
  10. Only courses and or modules that have been supplied by TMconsultant may be delivered and count towards periodic training. Courses must be delivered in accordance with TMconsultant and DVSA terms and conditions
  11. Consortium Members must have the sufficient IT capability to enable them to access cloud drives and to communicate with TMconsultant
  12. Consortium Members agree to provide any documentation related to driver CPC training to TMconsultant upon request
  13. Consortium Members must advise TMconsultant of any training course scheduled for delivery
  14. Consortium Members must send the Scheduled Courses Form (SCF) to TMconsultant not later than 72 hours prior to course delivery
  15. All registration and feedback forms are to be supplied to TMconsultant immediately no later than 24 hours after course completion using the correct stationery and security procedures
  16. Consortium Members must have adequate procedures in place to monitor and securely manage usernames and passwords required for TMconsultant systems
  17. Consortium Members must, on completion of a course, issue all trainees with a Certificate of Attendance. (CoA)
  18. Consortium Members must provide evidence of the method of how they issue a CoA
  19. Any fraudulence will result in the immediate termination of consortium membership
  20. All attendees must complete the course during its period of approval for that training to be counted for periodic training purposes
  21. TMconsultant, the competent authority, or their representatives reserves the right to visit a Consortium member at any reasonable time without prior notice
  22. TMconsultant, the competent authority, or their representatives shall be entitled to observe any course delivered by a Consortium member
  23. Consortium Members must continuously hold the appropriate insurance cover for their business and ensure they send renewal documentation to TMconsultant
  24. Any vehicle used for training must have a current MOT (where applicable), valid insurance, and be covered by an appropriate maintenance schedule
  25. Consortium Members may only use a vehicle(s) with prior consent. Consent will be confirmed in writing
  26. All appropriate policies Quality Assurance, Equal Opportunities, Health and Safety, Trainer standards/development, and Data protection must be in place. Consortium Members using premises provided by others (e.g. customers) for training must ensure the training environment – including premises, resources, equipment, etc. meets requirements. Consortium Members should ensure, ahead of the training delivery, that all Directive requirements can be met
  27. Consortium Members must carry out identity checks in order to verify the identity of each participant on a course. These checks must be carried out prior to course delivery and must not be included as part of the 7 hours of delivery time
  28. Consortium Members must put in place an auditable process to ensure and confirm, within reason, the identity of the person attending the training course. Failure to carry out this process could result in the termination of consortium membership
  29. Consortium Members must ensure that any person driving a vehicle as part of a practical training exercise has an appropriate licence authorising them to drive a motor vehicle of a class included in the category in respect of which the practical training is to be delivered.
  30. TMconsultant is entitled to send authorised persons to assist in the training courses and must be entitled to monitor any consortium member program with regard to the resources used and the proper running of the training courses
  31. Records of delegates are to be stored according to the 2019 data protection law
  32. Only Consortium Members approved by TMconsultant may deliver training under TMconsultant (Training)
  33. Only courses supplied by TMconsultant may be used for training. Course content may not be altered, modified or changed in any way
  34. If a training course fails to comply with all or any of these terms and conditions, TMconsultant may remove or suspend the contract of the Consortium Members
  35. The training must be given in accordance with the documents supplied by TMconsultant
  36. Approval may be withdrawn or suspended if the conditions of approval are no longer complied with
  37. The Consortium Member must demonstrate that they have a sound knowledge of the most recent regulations and training requirements. As part of a specific selection procedure, Consortium Members must provide evidence showing knowledge of both the subject material and teaching methods. With regards to the practical part of the training, instructors must provide certification of experience as professional trainees or similar driving experience, such as that of driving instructors for HGV or PCV
  38. All courses must be delivered in English. Translators may be permitted with permission from TMconsultant
  39. I there any changes to your circumstances you must inform TMconsultant immediately
  40. TAnnual Registration Fee - £385 (+ VAT)
  41. Upload Fees £7.20 - Admin Fee (+ VAT), £8.75 – DVSA upload fee (no vat)
  42. A deposit of £725.00 is required at the time of application, which will be refunded after your first course is delivered. The deposit will not be refunded until you deliver a driver CPC course under the TMconsultant (training) consortium
  43. The annual registration fee must be paid by the due date to enable you to carry on delivering Periodic Driver CPC training with TMconsultant. If no payment is received by the due date you will no longer be able to deliver training
  44. After payments have been processed and course presentation materials and stationery have been allocated to the Consortium Member, no refunds will be available
  45. Consortium Members have a three-month period in which to deliver at least one 7-hour course. If after this period, a driver CPC course has not been delivered the member in question will no longer be able to deliver training as part of the TMconsultant consortium and your membership will be terminated
  46. TMconsultant has the right to terminate membership if it finds a Consortium Member has not complied with its terms & conditions, policies, and processes. Should termination be applicable, the consortium member shall not be eligible to claim any compensation or refunds from TMconsultant. Further, any monies owed to TMconsultant must be paid in full
  47. If DVSA determines a driver upload is invalid no refund of the DVSA upload fee or Admin fee will be issued to the Consortium Member

 

Course Presentation License Agreement

Our Course Presentationss Licence Agreement ("Agreement") is entered into by and between TMconsultant, represented by Nick Wilson, having its principal place of business at TMconsultant, Floor 5&6 Tower Point, North Road, Brighton, BN1 1YR ("Licencor"), and the user/trainer/member of the TMconsultant consortium of the course Presentations ("Licencee").

  1. Licence Grant

Licencor hereby grants Licencee a non-exclusive, non-transferable Licence to use the course Presentations ("Presentations") for internal business or personal educational purposes only. This Licence is limited to the Presentations in its entirety and does not extend to any underlying intellectual property rights, including but not limited to copyright or trademarks, associated with the Presentations.

  1. Ownership

The Presentations is owned by TMconsultant, and Licencor retains all ownership rights to the Presentations, including but not limited to copyright and any other intellectual property rights. This Agreement does not transfer ownership of the Presentations or any associated intellectual property rights to Licencee.

  1. Restrictions

Licencee agrees not to reproduce, copy, modify, distribute, display, or create derivative works of the Presentations in whole or in part without prior written consent from Licencor. Licencee shall not subLicence, lease, rent, or transfer the Presentations to any third party.

  1. Confidentiality

Licencee agrees to treat the Presentations as confidential information and shall take all reasonable precautions to prevent unauthorized disclosure or use of the Presentations.

  1. Term and Termination

This Agreement shall commence on the date of purchase and shall continue in effect until terminated. Licencor may terminate this Agreement immediately upon breach by Licencee of any provision herein. Upon termination, Licencee shall cease all use of the Presentations and destroy any copies thereof.

  1. Warranty Disclaimer

Licencor makes no warranties, express or implied, regarding the Presentations, including but not limited to warranties of merchantability or fitness for a particular purpose. Licencor shall not be liable for any damages arising out of the use or inability to use the Presentations.

  1. Indemnification

Licencee agrees to indemnify, defend, and hold harmless Licencor from and against any claims, damages, liabilities, and expenses arising out of Licencee's use or misuse of the Presentations.

  1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflicts of law principles.

  1. Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

  1. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

By using our Presentations, Licencee acknowledges and agrees to be bound by the terms and conditions of this Agreement.