Driver CPC Consortium Affiliate 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.

By ticking the ‘agree’ button on the TMconsultant website automatically binds you to these terms and conditions and therefore under contract to deliver Periodic Driver CPC Training, providing these terms and conditions are met

  1. By delivering periodic driver cpc training for TMconsultant, you agreeto be legally bound by these terms, which shall take effect immediately on payment of your courses registration fee
  2. Driver CPC Consortium members must abide by these terms and conditions and comply with the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (as amended) (SI No 2007/6051).
  3. These Terms and Conditions are used in conjunction with the TMconsultant Consortium member processes and must be adhered to
  4. 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.
  5. TMconsultant reserves the right to revise these terms and conditions at any time.
  6. Only those Consortium members contracted to provide periodic training on behalf if 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.
  7. Consortium members must provide details of a named person who is responsible for their application. This named person should hold the position of the chief executive/person of comparable status of the consortium member seeking a contract.
  8. The Consortium member seeking approval must sign the application form signifying his/her acceptance of these terms and conditions and procedures. Applications for approval must be made in writing using the online application form.
  9. Consortium members must have a specified business or home address.
  10. Consortium members must provide a single named contact whom TMconsultant should contact in relation to their application.
  11. Consortium members may operate more than one site. Each site must have a separate specified address. PO boxes are not acceptable.
  12. 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 the Consortium members contract.
  13. Consortium members must advise TMconsultant of any training course scheduled for delivery.
  14. 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 terms and conditions.
  15. Consortium members must have sufficient IT capability to enable them to access and update TMconsultant
  16. Consortium members agree to provide any documentation related to driver CPC training to TMConsultant when requested.
  17. Consortium members must send the scheduled courses sheet to TMconsultant at least 7 prior to course delivery
  18. All course evaluations and registration documents are to be supplied to TMconsultant immediately after course completion using the correct stationary and security procedures
  19. Consortium members must have adequate procedures in place to monitor and securely manage user names and passwords required for TMconsultant systems
  20. Consortium members must, on completion of a course, issue all drivers with the TMconsultant certificate of attendance according TMconsultant processes
  21. Any fraudulence will result in the termination of the Consortium members contract
  22. All attendees must complete the course during its period of approval in order for that training to be counted for periodic training purposes
  23. TMconsultant the competent authority or their representatives reserves the right to visit a Consortium member at any reasonable time without prior notice.
  24. As part of any audit visit, TMconsultant, the competent authority or their representatives shall be entitled to observe any course delivered by a Consortium member.
  25. Consortium members must continuously hold the appropriate insurance cover for their business and ensure they send renewal documentation to TMconsultant
  26. Any vehicle used for training must have a current MOT (where applicable), valid insurance and be covered by an appropriate maintenance schedule
  27. Consortium members may only use a vehicle(s) with prior consent. Consent will be confirmed in writing
  28. 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
  29. 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 at least 15 minutes the course commences. This requires a visual check of an acceptable form of identification of either a photo card and counterpart driving licence or a valid passport or valid identity card (issued under the Identity Cards Act 2006) and 'old style' paper driving licence. Consortium members must use the registration form provided by TMconsultant
  30. 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 the Consortium members contract.
  31. Consortium members must ensure that any person driving a vehicle as part of a practical training exercise has an appropriate licence authorising him/her to drive a motor vehicle of a class included in the category in respect of which the practical training is to be delivered.
  32. TMconsultant are 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.
  33. Training must be delivered in accordance with the documents accompanying all TMconsultant courses.
  34. TMconsultant has the right to withdraw or suspended an consortium member contract if the terms & conditions are no longer complied with.
  35. No records of delegates are to be stored or kept on a consortium members premises. All records will be stored at TMconsultant. Numbers of attendance may be kept by the consortium member.
  36. Only Consortium members approved by TMconsultant may deliver training for up to 20 delegates
  37. Only courses supplied by TMconsultant may be used for training. Course content may not be altered, modified or changed in anyway
  38. The training must be given in accordance with the documents supplied by TMconsultant
  39. TMconsultant must be entitled to send authorised persons to assist in the training courses and must be entitled to monitor Consortium members training with regard to the resources used and the proper running of the training courses
  40. The approval may be withdrawn or suspended if the conditions of approval are no longer complied with.
  41. The consortium members must guarantee 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 certification showing knowledge of both the subject material and teaching methods. As regards the practical part of the training, instructors must provide certification of experience as professional drivers or similar driving experience, such as that of driving instructors for heavy vehicles
  42. I there any changes to your circumstances you must inform TMconsultant immediately
  43. Annual Registration Fee - £275 for 5 courses. 
  44. Upload Fees - £16.75 per driver DSA upload. Includes DSA upload fee (£8.75)
  45. The annual Renewal Fee must be paid by the last day of your yearly contract for you to enable you to carry on delivering Periodic Driver CPC training under the TMconsultant Consortium. If no payment received under these terms your contract will be terminated and you will no longer be able to deliver training as part of the TMconsultant (training) consortium
  46. After payments have been processed and course presentations have been allocated to the Consortium member, no refunds will be available
  47. TMconsultant has the right to terminate the contract if it finds the consortium member has not complied with the terms & conditions and its procedures and processes. Should termination be applicable, the consortium member shall not be eligible to claim any compensation or refunds from TMconsultant. Any monies owed to TMconsultant must be paid in full.