Key Policies and Insurance
1) Terms and conditions
2) Data Protection, GDPR & information security policy
3) Public liability £5 million cover, Professional indemnity £2 million cover
4) Covid- 19 protocol- inline with current government guidance
Detail of insurance policies are available on request- cover extensive for forest and beach school, tool and fire management/use.
1) Kate Hookham T/a Do- Learn consultancy: Terms and conditions:
Kate Hookham T/a Do- Learn consultancy: Terms and conditions:
Please read these Terms and Conditions carefully. All contracts that Kate Hookham T/a Do Learn/ the Consultant may enter into for the provisions of (Education and advisory services listed in appendix 1) shall be governed by these Terms and Conditions, and The Consultant will ask the Client for the Client’s express written acceptance of these Terms and Conditions before providing any (Education or advisory service listed in appendix 1) to the Client.
Terms and conditions
Definitions
1.1 In these Terms and Conditions (except to the extent expressly provided otherwise):
“Business Day” means a day (other than a Saturday, Sunday or Public holiday in the country of delivery)
“Charges” means the following amounts:
(a) the amounts specified in Section 7 of the Statement of Work;
(b) The fees and rates charged will be agreed in writing at the time of issuing the Contract by both parties, if a prolonged contract, adjustments in charges will be agreed as the contract progresses or a new contract issued.
(c) amounts calculated by multiplying The Consultant ’s/ the Consultant’s [standard time-based charging rates (as notified by Kate Hookham/the Consultant to the Client before the date of the Contract) or by the time spent by the Consultant's personnel performing the Services (rounded down by the Consultant to the nearest quarter hour);
"Client" means the person, establishment, company or entity identified as such in Section 1 of the Statement of Work;
"Client Materials" means all works and materials supplied by or on behalf of the Client to the Consultant for incorporation into the Deliverables or for some other use in connection with the Services;
"Consultant" means Kate Clare Hookham of 10 Kippenross Home Farm, Glen Road, Dunblane, Fk15 0JZ, Scotland, UK OR Sole Trader T/a Do Learn (Do - Learn). These terms are interchangeable.
"Contract" means a particular contract made under these Terms and Conditions between the Consultant and the Client;
“courses” means the Continuous Professional Development courses, workshop session, accredited qualifications and any other courses which the parties agree in writing to deliver/design as part of the Statement of Work. “Courses’ may involve lectures and practical sessions or guidance/recommendations
“Currency” means British Pounds (GBP)
"Deliverables" means those deliverables specified in Section 4 of the Statement of Work that the Consultant has agreed to deliver to the Client under these Terms and Conditions
"Effective Date" means the date the contract comes into force or period of contract identified in the Statement of Work incorporating these Terms and Conditions
GDPR - General Data Protection Regulations The Consultant complies with DPA 2018 and the GDPR through its data protection & privacy policy. A copy is available on request to any party.
Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or not, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, domain names, unfair competition rights, patents and rights in designs); and renewals or extensions of, such rights and similar or equivalent fights or forms of protection.
“lecture” is a talk or keynote either online through a webinar or face to face at a conference or in educational setting. This comprises of a talk with possible accompanying PowerPoint Presentation. There is no practical activity.
"Minimum Term" means, in respect of the Contract, the period of 12 months beginning on the Effective Date OR the period specified in Section 2 of the Statement of Work. The Statement of work supersedes in all cases.
"Services" means the consultancy services specified in Section 3 of the Statement of Work;
"Statement of Work" means a written statement of work agreed by or on behalf of each of the parties;
"Term" means the term of the Contract, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2];
"Terms and Conditions" means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions and the Statement of Work, including any amendments to that documentation from time to time; and
"Third Party Materials" means the works and/or materials comprised in the Deliverables (excluding the Client Materials), the Intellectual Property Rights in which are owned by a third party
Words in singular shall include plural and vice versa. A reference to one gender shall include a reference to all other genders.
2 Term
2.1 The contract shall come into force upon the Effective Date.
2.2 The contract shall continue in force (indefinitely) Or until
a) all services have been completed;
b) all the deliverables have been delivered
c) all charges have been paid in cleared funds (upon which the contract will automatically terminate) subject to the termination clause
d) the Client or Consultant terminates the contract in compliance with the Termination clause
2.3 Unless the parties expressly agree otherwise in writing, each Statement of Work shall create a distinct contract under these Terms and Conditions
3 Services
3.1 The Consultant shall provide the Services to the Client in accordance with these Terms and Conditions.
3.2 The Consultant shall provide the Services (with reasonable skill and care) or (In accordance with the standards of skill and care reasonably expected of a teacher and trainer). When delivering qualifications the Consultant will follow the awarding body’s guidelines.
4 Deliverables
4.1 The Consultant shall deliver the Deliverables to the Client
4.2 The Client must promptly (within 14 working days), following receipt of a written request from Consultant to do so, provide written feedback to the Consultant concerning the proposals, plans, design, format and preparatory materials relating to the Deliverables
4.3 The Consultant shall use its best endeavours to ensure that the Deliverables are delivered to the Client in accordance with the timetable set out in Section 5 of the Statement of work
4.4 The Consultant warrants to the Client that
the deliverables will conform to the requirements of the Statement of Work (as at the date of delivery of the Deliverables)
The Deliverables will not infringe the Intellectual Property Rights or Legal rights of any person and will not breach the provision of any law, statue or regulation in the country/countries of jurisdiction stated in this Statement of Work
5 Licence
The Consultant, if stated in the Statement of Work, grants to the Client (a non-exclusive, worldwide, perpetual and irrevocable) licence to (copy, store, distribute, publish, adapt, edit or other wise use) the Deliverables (excluding the third party materials and the Client Materials ) for the purposes of ( ID purpose) and for the period of time (stated ).
6 Charges- Fees and expenses
6.1 The Client shall pay the Charges, Fees and Expenses to the Consultant in accordance with these Terms and Conditions and as listed in the Statement of Work.
6.2 All amounts stated in or in relation to these Terms and Conditions are, unless the context otherwise states has no Value Added Tax is applied. Rechargeable expenses will be charged plus VAT
7 Payments
7.1 The Consultant Shall issue invoices for the Charges to the Client in advance of the delivery of the relevant Services to the Client OR on or after the invoicing dates set out in Section 7 of the Statement of Work) as agreed prior to the signing of the Statement of Work
7.2 The Client must pay the Charges to the The Consultant prior to work commencing OR following the issue of an invoice in accordance with the Statement of Work
7.3 The Client must pay the Charges to The Consultant T/a Do Learn by debit card, credit card, direct debit, bank transfer or Cheque) using the payments details on the invoice
7.4 If the Client does not pay any amount properly due to The Consultant under these Terms and Conditions, The Consultant may:
Charge the Client interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate. Interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month.
Claim interest and statutory compensation from the Client pursuant to the Late Payment of Commercial Debts (interest) Act 1998.
8 Warranties
8.1 The Consultant warrants to the Client that:
The Consultant has the legal right and authority to enter into the contract and to perform its obligations under these Terms and Conditions
The Consultant will comply with all applicable legal and regulatory requirements applying to the exercise of The Consultant ’s rights and fulfilment of The Consultant ’s obligations under these Terms and Conditions
The Consultant has or has access to all necessary know- how, expertise and experience to perform its obligation under these Terms and Conditions
8.2 The Client warrants to The Consultant that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
8.3 All of the parties’ warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions and the applicable Statement of Work. No other warranties or representations will be implied into the Contract and no other warranties or representations relating to the subject matter of the Contract will be implied into any other contract
10 Limitations and expulsions of liability
10.1 Nothing in these Terms and Conditions will:
limit or exclude any liability for death or personal injury resulting from negligence
limit or exclude any liability for fraud or fraudulent misrepresentation
limit any liability in an away that is not permitted under applicable law; or;
exclude any liabilities that may not be excluded under applicable law
10.2 The limitations and exclusions of liability set out in this Clause 10 and elsewhere in these Terms and Conditions:
(a) are subject to Clause 10.1; and
(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
10.3 The Consultant shall not be liable to the Client in respect of any loss of profits or anticipated savings.
10.4 Neither party shall be liable to the other party in respect of any loss of revenue or income.
10.5 Neither party shall be liable to the other party in respect of any loss of use or production.
10.6 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.
10.7 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software.
10.8 The Consultant shall not be liable to the Client in respect of any special, indirect or consequential loss or damage.
10.9 Advice, suggestions, guidance and recommendations given to the Client by the Consultant are open to discussion. It is at the discretion of the Client whether to act on these written, verbal or physical actions. The Consultant is not liable for recommendations and guidance given if mis-interpreted or mis-used by the Client.
11. Termination
11.1 Either party may terminate the Contract by giving to the other party not less than 21 days written notice of termination, expiring at the end of any calendar month
11.2 Either party may terminate the Contract immediately by giving written notice of termination to the other party if:
(a) the other party commits any material breach of the Contract, and the breach is not remediable;
(b) the other party commits a material breach of the Contract, and the breach is remediable but the other party fails to remedy the breach within the period of 21 days following the giving of a written notice to the other party requiring the breach to be remedied]; or
(c) the other party persistently breaches the Contract (irrespective of whether such breaches collectively constitute a material breach).
11.3 Either party may terminate the Contract immediately by giving written notice of termination to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up[ (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Contract)]; or
(d) [if that other party is an individual:
(i) that other party dies;
(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
(iii) that other party is the subject of a bankruptcy petition or order.]
11.4 The Consultant may terminate the Contract immediately by giving written notice to the Client if:
(a) any amount due to be paid by the Client to the Consultant under the Contract is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given; and
(b) the Consultant has given to the Client at least 30 days written notice, following the failure to pay, of its intention to terminate the Contract in accordance with this Clause 11.4.
12. Effects of termination
12.1 Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 6, 8.2, 10, 12, 13.2 and 15.
12.2 Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Contract shall not affect the accrued rights of either party.
13. Status of Consultant
13.1 The Consultant is not an employee of the Client, but an independent contractor.
13.2 The termination of the Contract will not constitute unfair dismissal; nor will the Consultant be entitled to any compensation payments, redundancy payments or similar payments upon the termination of the Contract.
14. Subcontracting
14.1 The Consultant must not subcontract any of its obligations under the Contract without the prior written consent of the Client, providing that the Client must not unreasonably withhold or delay the giving of such consent
14.2 The Consultant shall remain responsible to the Client for the performance of any subcontracted obligations.
15. General
15.1 No breach of any provision of the Contract shall be waived except with the express written consent of the party not in breach.
15.2 If any provision of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
15.3 The Contract may not be varied except by a written document signed by or on behalf of each of the parties.
15.4 Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under these Terms and Conditions.
15.5 The Contract is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Contract are not subject to the consent of any third party.
15.6 Subject to Clause 10.1, these Terms and Conditions shall constitute the entire agreement between the parties in relation to the subject matter of these Terms and Conditions, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
15.7 The Contract shall be governed by and construed in accordance with English/ Scottish law.
15.8 The courts shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.
STATEMENT OF WORK
1. Client details
The Client is [[individual name] of [address]] OR [[company name], a company incorporated (registration number [registration number]) having its registered office at [address]] OR [[partnership name], a partnership established under the laws having its principal place of business at [address]]. Or Educational setting (named) linked to a local authority where appropriate (Named)
2. Minimum Term
[Specify Minimum Term]
3. Specification of Services
[Specify Services]
4. Specification of Deliverables
[Specify Deliverables]
5. Timetable
[Insert timetable for performance of both parties obligations ]
6. Client Materials
[Specify Client Materials to be supplied to consultant ]
7. Financial provisions
Delete as appropriate
£. / day (a standard day is 0930- 1500) extensions and amendments will be determined on a contract by contract basis for coaching in context / Training
£……. for non business day (Saturday, Sunday, Public Holiday)
£…. half day (3 hours) / twilight (1.5- 2 hours after 6pm)
£…/ hour assessment/internal verification/ external verification
£…../ hour writing educational materials
Expenses:
Expenses for Travel, accommodation and meals will be included in the corresponding invoice. Copies of receipts are available on request.
Maximum expenses are open to negotiation. In general, Maximum expenses per Day per Event are
£… for accommodation
£.. for breakfast
£.. for lunch
£.. for dinner
£.. for non-alcoholic drinks
£… Consumables for training session/project
Cancellations
Over 3 month prior to delivery date no charge
Over 1 month prior to delivery date no charge, deposit retained (20% of fee)
2 week prior to delivery date (50% charged)
1 week prior to delivery date (75% charged)
1 day prior to delivery date (100% charged)
in certain circumstances the date can be changed with only the deposit lost and outstanding fee to be paid on delivery.
8. Licences
9. Contractual notices
Consultant Contractual notice address: FAO Kate Hookham, 10 Kippenross, home farm, glen road, Dunblane, FK15 0JZ or k8dolearn@gmail.com
[Client contractual notices address details]
Any Contractual notice shall be in writing, marked for the Attention of the named Consultant/Client and deemed received following an acknowledgement email.
By signing below the parties have indicated their acceptance of this Statement of Work together with the terms and conditions attached to this Statement of Work[, providing that if there are no terms and conditions attached to this Statement of Work, the parties agree that this Statement of Work shall be governed by the terms and conditions most recently agreed by the parties in writing.
SIGNED BY Kate Hookham]on [...............], the Consultant........................................
SIGNED BY [[individual name] on [...............], the Client] OR [[individual name] on [...............], duly authorised for and on behalf of the Client]:
........................................
Appendix 1
Education and advisory services
Coaching in context - on site (educational setting) with staff and children delivering bespoke activity. E.g. modelling good practice, lesson/workshop delivery, advice regarding documentation, Resources or the site
Training - face to face to include practical sessions and theory
Lecturing- talk with possible PowerPoint Presentation
Key note- talk with possible PowerPoint Presentation
Creating written materials - articles, leaflets, books
Creating material for publishing online - webinar, online course, website content
Qualification delivery- following guidance and delivery by awarding body
Quality assurance - assessment, internal verification, external verification
2) Data Protection,GDPR & information security Policy
Introduction
This document sets out the obligations of Kate Hookham T/a Do Learn (“the Company”) with regard to data protection, GDPR and the rights of people with whom it works in respect of their personal data under the Data Protection Act 1998 (“the Act”).
This Policy shall set out procedures which are to be followed when dealing with personal data. The procedures set out herein must be followed by the Company, its employees, contractors, agents, consultants, partners or other parties working on behalf of the Company.
The Company views the correct and lawful handling of personal data as key to its success and dealings with third parties and its employees. The Company shall ensure that it handles all personal data correctly and lawfully.
The Data Protection Principles
This Policy aims to ensure compliance with the Act. The Act sets out eight principles with which any party handling personal data must comply. All personal data:
Must be processed fairly and lawfully (and shall not be processed unless certain conditions are met);
Must be obtained only for specified and lawful purposes and shall not be processed in any manner which is incompatible with those purposes;
Must be adequate, relevant and not excessive with respect to the purposes for which it is processed;
Must be accurate and, where appropriate, kept up-to-date;
Must be kept for no longer than is necessary in light of the purpose(s) for which it is processed;
Must be processed in accordance with the rights of data subjects under the Act;
Must be protected against unauthorised or unlawful processing, accidental loss, destruction or damage through appropriate technical and organisational measures; and
Must not be transferred to a country or territory outside of the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data
Rights of Data Subjects
Under the Act, data subjects have the following rights:
The right to be informed that their personal data is being processed;
The right to access any of their personal data held by the Company within 40 days of making a request;
The right to prevent the processing of their personal data in limited circumstances; and
The right to rectify, block, erase or destroy incorrect personal data.
Personal Data
Personal data is defined by the Act as data which relates to a living individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, the data controller, and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.
The Act also defines “sensitive personal data” as personal data relating to the racial or ethnic origin of the data subject; their political opinions; their religious (or similar) beliefs; trade union membership; their physical or mental health condition; their sexual life; the commission or alleged commission by them of any offence; or any proceedings for any offence committed or alleged to have been committed by them, the disposal of such proceedings or the sentence of any court in such proceedings, biometrics, location or online identification.
The Company only holds personal data which is directly relevant to its employees. That data will be held and processed in accordance with the data protection principles and with this Policy. The following data may be collected, held and processed by the Company:
Identification information relating to clients including, but not limited to, names and contact details;
Equal opportunities monitoring information including age, gender, race, nationality and religion;
Health records including details of medical conditions, disabilities and prescribed medication;
Candidate information;
Contractor information.
Client information
Medical Records
The Company holds medical records for the sole purpose and period of time the Consultant is working with the client group. This will only be used for First Aid purposes.
Processing Personal Data
Any and all personal data collected by the Company is collected in order to ensure that the Company can efficiently manage its contracts and workload and conform with its equal opportunities obligations. Personal data shall also be used by the Company in meeting any and all relevant obligations imposed by law.
Personal data may be disclosed within the Company. Personal data may be passed from one department to another in accordance with the data protection principles and this Policy. Under no circumstances will personal data be passed to any department or any individual within the Company that does not reasonably require access to that personal data in view of the purpose(s) for which it was collected and is being processed.
The Company shall ensure that:
All personal data collected and processed for and on behalf of the Company by any party is collected and processed fairly and lawfully;
Clients are made fully aware of the reasons for the collection of personal data and are given details of the purpose for which the data will be used;
Personal data is only collected to the extent that is necessary to fulfil the stated purpose(s);
All personal data is accurate at the time of collection and kept accurate and up-to-date while it is being held and / or processed;
No personal data is held for any longer than necessary in light of the stated purpose(s);
All personal data is held in a safe and secure manner, taking all appropriate technical and organisational measures to protect the data;
All personal data is transferred using secure means, electronically or otherwise;
No personal data is transferred outside of the UK or EEA (as appropriate) without first ensuring that appropriate safeguards are in place in the destination country or territory; and
All Clients can exercise their rights set out above in Section 3 and more fully in the Act.
Data Protection Procedures
The Company shall ensure that all of its employees, contractors, agents, consultants, partners or other parties working on behalf of the Company comply with the following when processing and / or transmitting personal data:
All emails containing personal data must be encrypted;
Personal data may be transmitted over secure networks only – transmission over unsecure networks is not permitted in any circumstances;
Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted;
Where personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data;
Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient. Using an intermediary is not permitted;
All hardcopies of personal data should be stored securely in a locked box, drawer, cabinet or similar;
All electronic copies of personal data should be stored securely using passwords and suitable data encryption, where possible on a drive or server which cannot be accessed via the internet; and
All passwords used to protect personal data should be changed regularly and should not use words or phrases which can be easily guessed or otherwise compromised.
Organisational Measures
The Company shall ensure that the following measures are taken with respect to the collection, holding and processing of personal data:
A designated officer (Kate Hookham) (“the Designated Officer”) within the Company shall be appointed with the specific responsibility of overseeing data protection and ensuring compliance with the Act.
All employees, contractors, agents, consultants, partners or other parties working on behalf of the Company are made fully aware of both their individual rights and responsibilities and the Company’s responsibilities under the Act and shall be furnished with a copy of this Policy.
All employees, contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data will be appropriately trained to do so.
All employees, contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data will be appropriately supervised.
Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed.
All personal data shall be kept up-to-date.
Any personal data which is out-of-date or no longer required shall be deleted or otherwise destroyed.
The Performance of those employees, contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed.
All employees, contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of the Act and this Policy by contract. Failure by any employee to comply with the principles or this Policy shall constitute a disciplinary offence. Failure by any contractor, agent, consultant, partner or other party to comply with the principles or this Policy shall constitute a breach of contract. In all cases, failure to comply with the principles or this Policy may also constitute a criminal offence under the Act.
All contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and the Act.
Where any contractor, agent, consultant, partner or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
Access by Data Subjects
A data subject may make a subject access request (“SAR”) at any time to see the information which the Company holds about them.
SARs must be made in writing, accompanied by the correct fee.
The Company currently requires a fee of £10 (the statutory maximum) with all SARs.
Upon receipt of a SAR the Company shall have a maximum period of 40 days within which to respond. The following information will be provided to the data subject:
Whether or not the Company holds any personal data on the data subject;
A description of any personal data held on the data subject;
Details of what that personal data is used for;
Details of any third-party organisations that personal data is passed to; and
Details of any technical terminology or codes.
Implementation of Policy
This Policy shall be deemed effective as of Kate Hookham No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.
This Policy has been approved & authorised by:
Name: Kate Hookham
Position: Sole trader/owner
Date: 17/3/20