Terms and conditions & E-Learning Licensing Agreement for Hospitals

AUCA Terms and Conditions

Advanced Urinary Catheterisation Academy Limited (AUCA) is committed to providing high-quality practical skills courses and e-learning modules to healthcare professionals. These Terms and Conditions outline the rights, responsibilities, and obligations of both AUCA and its customers when engaging with our training services. Please read them carefully to ensure a clear understanding of the terms that apply to your bookings and the use of our services.

  1. GENERAL 1.1 The following terms and conditions are between Advanced Urinary Catheterisation Academy Limited (AUCA) and the customer. 1.2 By booking a course with AUCA, the customer accepts and enters into a legally binding contract with the supplier and agrees to the terms and conditions listed. 1.3 All of these Terms and Conditions apply to the supply of any goods and services unless specified otherwise by the supplier. 1.4 The Supplier is AUCA (registered in England and Wales with company number: 12389008) with the main office situated at 24 Garth Road, Kingston upon Thames, KT2 5NY, United Kingdom.
  2. DEFINITIONS 2.1 "Conditions" means these terms and conditions as set out in this document, as amended accordingly. 2.2 "Learner" or "Delegate" means a person who is booked to attend a course. 2.3 "Customer" means the purchaser of services, either an organisation or an individual, including those attending the course themselves. 2.4 "Delegate" means a person who attends a scheduled public course. 2.5 "Course" means a practical skills course that includes in-person training and skills evaluation, listed on the AUCA website and organised and run by AUCA. This also encompasses any related products and services provided in conjunction with the course, including blended learning options where applicable. 2.6 "Services" means all of the practical skills courses, e-learning courses, and any other related products and services that are supplied by AUCA. 2.7 "Organisation" means a customer which is a company, charity, or a group of people, including department bookings or someone booking on behalf of delegates to attend a public course. 2.8 A "Public Course" is a scheduled course at training venues, available for booking by delegates and organisations on the website. 2.9 "Business Day" includes Monday, Tuesday, Wednesday, Thursday, and Friday (excluding Saturday, Sunday, and Public Holidays in England and Wales).
  3. BOOKING CONDITIONS 3.1 Customers can book a course via the website https://auca.arlo.co or by e-mail info@auca.online. 3.2 AUCA will provide the course at the customer's chosen venue, if suitable, or at one of its training venues. 3.3 If a customer's venue is deemed unsuitable, the trainer may refuse to conduct the training. No refund will be issued, and the course fee remains payable. 3.4 The supplier may make necessary changes to the service without prior notification to comply with health and safety or statutory requirements, provided these changes do not affect the service quality. 3.5 AUCA reserves the right to adjust prices, venues, or trainers as necessary.
  4. PAYMENT AND VAT 4.1 Fees for services are set out in the quotation on a time and material basis. For public courses with published course fees, bookings can be made online and paid either by credit card or by invoice. 4.2 In addition to fees, the supplier can recover reasonable incidental expenses and costs of services required for service performance, applicable only to courses held at the customer's venue. This includes, but is not limited to, travelling expenses, hotel costs, subsistence, and any associated expenses. The cost of materials is included in the published course fee, and the course fee remains the same for courses held at the customer's venue. 4.3 All course bookings must be paid within 14 days of the course start date. For short-notice bookings made within 14 days of the course, payment must be made on the day of booking and received before the course starts. The supplier may refuse entry until full payment is received unless prior arrangements, such as a customer account, are in place. 4.4 Interest on late payments may be charged at 4% per annum above the Bank of England base rate from the outstanding amount's due date until full payment is received (no VAT is chargeable on the interest itself). 4.5 Customers must pay for any additional services not specified on the website according to the applicable rate at the time of service. This includes, for example, customised training sessions beyond standard course offerings. The provision of clause 4.2 also applies to these additional services if they involve on-site delivery. 4.6 Certificates of attendance for practical skills courses will only be issued after full payment has been received, unless prior payment arrangements have been agreed upon. 4.7 VAT mayl be charged on all fees at the prevailing rate as stated on the invoice. 4.8 Payments made online are subject to a 14-day cancellation period. If a voucher is redeemed during this period, the right to cancel and receive a refund is forfeited. To request a cancellation, customers must email info@auca.online with the individual's full name, email address, organisation name, the name of the budget holder who approved the registration, and details of the registered course (name, date, and time). Approved refunds will be processed within 14 calendar days from the date of cancellation confirmation.
  5. CANCELLATION OR TRANSFERS OF A COURSE BY CUSTOMER Cancellations and transfers by the customer will incur the following charges: • More than 28 days: 0% • 15 - 28 days: 25% • 1 - 14 days: 50% • Cancellation on the day or no attendance: 100%
  6. CANCELLATION OR TRANSFERS OF A COURSE BY AUCA In case of course cancellation or date/venue alteration by the supplier, bookings will typically be transferred to the next available course of equal value.
  7. RESCHEDULING OF A COURSE 7.1 Courses can be rescheduled without charge subject to availability with at least 14 working days' notice before the original course date. 7.2 Rescheduling with less than 14 working days' notice will incur a charge of 50% of the original course booking fee.
  8. ATTENDANCE 8.1 Failure to attend a course is considered a cancellation without notice, with full payment due (refer to clause 5). 8.2 Late arrival or absence may result in refusal to continue training, with payment still due in full. 8.3 Full attendance and completion of all course aspects are required for certification. 8.4 The supplier reserves the right to refuse admission to any unsuitable individual.
  9. SUITABILITY 9.1 Customers are responsible for ensuring that the course they have booked is suitable for the delegates attending. Even when AUCA provides recommendations, the final decision on course suitability rests with the customer. 9.2 AUCA's Equality and Diversity Policy ensures fair treatment for all delegates. 9.3 Customers should inform AUCA of any special requirements to assist delegates in completing the course. 9.4 AUCA does not provide specialist equipment or personnel, such as translators. 9.5 Courses are delivered in English, and delegates must be fluent in English. Non-fluent delegates will not be able to participate, and no refund will be issued.
  10. THE AGE, FITNESS, AND NATURE OF LEARNERS 10.1 Learners must meet physical course requirements, including practical participation, suitable clothing, communication skills, and being 18 years or older. 10.2 Delegates unable to meet these requirements will not be able to attend the course.
  11. RE-CERTIFICATION 11.1 Booking a course includes agreement to receive re-certification reminders (after 3 years). 11.2 Customers and delegates must bring a valid certificate for re-certification courses, with up to 28 days to requalify. 11.3 Re-certification certificates issued to delegates who did not complete initial training will be invalid.
  12. REPLACEMENT CERTIFICATES 12.1 Replacement certificates can be requested within 3 years of a valid certificate completion. 12.2 Replacement certificates will be sent via e-mail as a PDF free of charge.
  13. BLENDED COURSES 13.1 For Blended Courses, delegates are required to complete the online e-learning component prior to attending the practical skills session. Proof of completion, in the form of an e-learning certificate, must be presented on the day of the practical session. Failure to provide this proof will result in the delegate being unable to participate in the practical session, and the full course fee will remain payable.
  14. HEALTH AND SAFETY MEASURES DURING ON-SITE TRAINING 14.1 Customers must ensure that the training venue complies with all applicable health and safety regulations and provides a safe environment for both trainers and delegates. 14.2 The training venue must be equipped with appropriate safety equipment and emergency procedures, including but not limited to fire extinguishers, first aid kits, and clear emergency exits. 14.3 It is the customer's responsibility to inform AUCA of any specific health and safety requirements or potential hazards at the venue prior to the course date. 14.4 AUCA reserves the right to cancel or reschedule the training if the venue is deemed unsafe or non-compliant with health and safety standards. No refund will be issued, and the course fee remains payable. 14.5 Individuals must adhere to all health and safety guidelines provided by the trainer during the course. Failure to comply may result in removal from the course with no refund. 14.6 In light of any ongoing health concerns, such as COVID-19, customers must ensure that the venue adheres to the latest public health guidelines, including social distancing, sanitation, and the provision of personal protective equipment if necessary.
  15. LIABILITY 15.1 AUCA’s liability under these Terms and Conditions, and in breach of statutory duty, shall be limited as set out in this section. 15.2 AUCA is not liable for any possible parking charges at training venues. 15.3 AUCA is not liable (whether caused by its employees, freelance trainers, or otherwise) in connection with the provision of services for: • Any indirect, special, or consequential loss, damage, costs, or expenses; • Any loss of profits, business, data, reputation, or goodwill; • Any delay or failure caused by circumstances beyond AUCA’s reasonable control; • Any losses due to customer non-compliance with obligations; • Any outcomes arising from the choice or use of AUCA services. 15.4 Nothing in these Terms and Conditions shall limit AUCA’s liability for death or personal injury caused by negligence, fraud, or other matters for which liability cannot be excluded. 15.5 AUCA’s total liability shall not exceed the fees paid by the customer for the relevant services.
  16. COMPLAINTS Complaints about AUCA services should be directed to a team member or submitted via e-mail to info@auca.online.
  17. REFUNDS 17.1 Refunds may take up to 30 working days to process. 17.2 Refunds will be made using the original payment method unless otherwise agreed. 17.3 Refunds will be processed in GBP (£) for the exact amount paid. 17.4 No refunds will be provided for course failures, non-attendance (see clause 8), or redeemed vouchers.
  18. DATA PROTECTION 18.1 AUCA may collect and process personal data of customers and delegates in connection with the services. 18.2 Personal data will be processed only as reasonably required. 18.3 AUCA does not share contact details with third parties without consent. 18.4 AUCA’s Privacy Policy is available on request via info@auca.online.
  19. CUSTOMER DATA RIGHTS 19.1 Customers can request access to their personal data, request deletion, and restrict data use in accordance with the Data Protection Act 2018. 19.2 Requests should be directed to info@auca.online.
  20. TERMINATION 20.1 AUCA may terminate services immediately if the customer: • Commits a material breach of these terms; • Fails to make payment by the due date; • Becomes subject to bankruptcy or insolvency proceedings. 20.2 AUCA is not liable for any consequences arising from service termination. 20.3 Termination does not affect rights or obligations accrued before termination.
  21. COPYRIGHT 21.1 AUCA owns all course materials unless otherwise stated. 21.2 Course materials may only be used by enrolled learners for personal use. 21.3 Reproduction, distribution, or commercial use of AUCA materials without consent is prohibited. 21.4 Customers are granted a non-exclusive, non-transferable licence to use course materials solely for course participation. 21.5 Unauthorised use may result in legal action.
  22. GOVERNING LAW These Terms and Conditions are governed by and interpreted in accordance with the law of England and Wales. Disputes arising under these terms will be subject to the exclusive jurisdiction of the courts of England and Wales.

 

**Annex A: **

E-LEARNING LICENSING AGREEMENT (For NHS and Private Hospitals)

This annex applies exclusively to hospitals and does not affect the general terms and conditions applicable to other customers. This licensing agreement operates as a subscription model, providing continuous access to AUCA's e-learning modules, subject to annual renewal and ongoing payments.

  1. Licensed Content: Licensed content includes all e-learning modules currently published on the AUCA website https://auca.arlo.co as well as any future e-learning modules that may be added. • Basic Male Urethral Catheterisation (BMUC) • Advanced Male Urethral Catheterisation (AMUC) • Female Urethral Catheterisation • Changing a Suprapubic Catheter • Continuous Bladder Irrigation • Performing a Bladder Scan • Train the Trainer: Advanced Male Urethral Catheterisation
  2. Licence Scope: • Non-exclusive, non-transferable licence for NHS hospitals to integrate AUCA modules into their LMS. • Applicable to all NHS and private hospitals, with terms publicly available on AUCA’s website https://auca.arlo.co.
  3. Financial Terms: This licensing agreement operates as a subscription model. It involves a Flat Annual Fee of £5,000 plus a User Fee of £13.80 per enrolment, with a Minimum Income Guarantee of £10,000 annually. This structure provides ongoing access to AUCA's e-learning modules, subject to renewal and continuous payment. • Flat Annual Fee: £5,000 • Plus User Fee: £13.80 per enrolment, granting access to the e-learning course and leading to certification upon successful completion. • Minimum Income Guarantee: £10,000 annually
  4. Free Period: • First 3-months access is free to allow NHS hospitals to assess budget requirements.
  5. Hospital Responsibilities: • Ensure enrolment tracking via their LMS and share delegate details annually including customer account number for invoicing. • Promote AUCA training within the organisation.
  6. Termination: • Either party may terminate with 90 days’ written notice.
  7. Governing Law: This annex shall be governed by and interpreted in accordance with the laws of England and Wales. Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. This provision ensures that both parties agree to resolve legal matters under a consistent legal framework, providing clarity and predictability in the event of legal proceedings. • This annex is governed by the laws of England and Wales.

For AUCA:

Name: Dr Daniela Andrich

Title: Director, Advanced Urinary Catheterisation Academy

Signature: ___________________________

Date: _______________________________

For Hospital Representative:

Name: ___________________________

Title: ___________________________

Signature: ___________________________

Date: _______________________________