Terms of Service

NQT Manager Terms of Service (last updated 18/10/17)

By using the nqtmanager.com web site (“Service”), a service of Evolution Internet Limited, (“Evolution Internet”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Evolution Internet reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk and you understand and agree that Evolution Internet cannot be responsible for the content posted on the Service.

Account Terms

  1. Each of your users should have their own log in.  A single login shared by multiple people is not permitted. You may create separate logins for as many people as required.
  2. Each of your users are responsible for maintaining the security of their own username and password. Evolution Internet cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.  It is each user's responsibility to keep his/her password confidential, and to change the password on a regular basis.
  3. You are responsible for the security of any data that is downloaded, printed or viewed via any device.
  4. You are responsible for all content posted and activity that occurs under your account including content posted by your schools.
  5. You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  6. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

General Conditions

  1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without warranty of any kind.
  2. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Evolution Internet, or any other Evolution Internet services.
  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Evolution Internet.
  4. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Evolution Internet customer, member, or employee will result in immediate account termination.
  6. You must not upload, post, or transmit unsolicited email, SMSs, or “spam” messages.
  7. You must not transmit any worms or viruses or any code of a destructive nature.
  8. You expressly understand and agree that Evolution Internet shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Evolution Internet has been advised of the possibility of such damages), resulting from your or your agents’ acts or omissions which result in:
    1. the use or the inability to use the Service;
    2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
    3. unauthorised access to or alteration of your transmissions or data;
    4. statements or conduct of any third party on the Service;
    5. or any other matter relating to the service.
  9. Evolution Internet reserves the right to suspend or cancel an account’s access to any or all services provided by Evolution Internet, where Evolution Internet decides that the account has been inappropriately used. Evolution Internet reserves the right to refuse service to anyone.
  10. The failure of Evolution Internet to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Evolution Internet and govern your use of the Service, superseding any prior agreements between you and Evolution Internet (including, but not limited to, any prior versions of the Terms of Service).
  11. Questions about the Terms of Service should be sent to support@nqtmanager.com.

Payments and Refunds

The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. You will be billed for set up immediately after your training date.  Your monthly or annual billing will also commence immediately after your training date based on the expected number of NQT licences as stated on your Order Confirmation Form.  If you require more NQT licences during the academic year you will be invoiced accordingly.  In order to treat everyone equally, no exceptions will be made.

Cancellation

  1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by writing to: Evolution Internet, Hill View, Bell Lane, Biddenden, Kent, TN27 8LD giving us 30 day’s notice.
  2. Upon cancellation, you will be required to download any data you require to keep.  All your data will be removed from the system 60 days after cancellation.  This information cannot be recovered once your account is cancelled.
  3. Evolution Internet reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of agreement. If a customer contravenes Evolution Internet’s terms of service a refund will not be issued in the event of a cancellation.

Modifications to the Service and Prices

  1. As part of our continuing endeavour to keep the Service performing, to be as efficient and user-friendly as possible and to keep up to date with any changes to the standards, we will continue to develop the Service and to update it periodically.  All feedback from Appropriate Bodies will be taken into consideration and prioritised accordingly.
  2. Appropriate Bodies will be made aware of any updates at least 24 hours before hand, except in the case of an emergency.
  3. Scheduled updates will take up to half an hour to complete.  During this time, the Service will be unavailable.
  4. All updates to the standards from the GTC and the TDA will be completed once confirmation is given and will be ready before they are due.
  5. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 60 days notice from us. 

Copyright and Content Ownership

  1. Any content posted on the Service must comply with copyright law.
  2. Evolution Internet does not pre-screen content, but Evolution Internet has the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
  3. The look and feel of the Service is copyright©2009 Evolution Internet. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, visual design elements or architectural design without express written permission from Evolution Internet.

Hosting

  1. With the Service, we aim to deliver the highest possible levels of up-time. Uptime of 99% is guaranteed.
  2. Please note: 99% uptime guarantee does not include scheduled hardware maintenance - normally conducted outside of working hours
  3. Evolution Internet shall not be liable for any interruptions to the services or outages arising directly or indirectly from:-
    1. interruptions to the flow of data to or from the internet;
    2. Changes, updates or repairs to the network or software which it uses as a platform to provide the services;
    3. the effects of the failure or interruption of services provided by third parties;
    4. factors outside of Evolution Internet's reasonable control;
    5. Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
    6. Problems with Your equipment and/or third party equipment;
    7. Interruptions to the services requested by You.

Support

  1. Support to Appropriate Bodies is by phone, email or using the Helpdesk.
  2. Emails and helpdesk tickets will be answered within 24 hours, during the normal working hours of 9-5, Monday to Friday.
  3. Phone calls, wherever possible, will be dealt with as they come in, but if level 2 support, the development team, is required, then the call will be responded to within 24 hours during the normal working hours of 9-5, Monday to Friday.

Data

  1. Although Evolution Internet owns the code, databases, and all rights to the nqtmanager.com application, you retain all rights to your data.
  2. All data is backed up every six hours and then encrypted and backed up daily off-site in two separate locations.
  3. We keep a rolling 14 day back-up of data.
  4. All data is owned by the Appropriate Bodies.  The Appropriate Body is the Data Controller. 
  5. The Appropriate Body is responsible for ensuring the data is accurate and up to date.
  6. The Appropriate Body is responsible for deleting data in line with guidelines in Data Protection Act.  Any information stored on the system will not be shared with any third party unless one or more of the exemptions identified in the Data Protection Act apply.
  7. In the unlikely circumstance that an incident occurs Evolution Internet will alert the Appropriate Body of any data breaches.
  8. If the Appropriate Body require Evolution Internet to provide them with a copy of data or delete any data on their behalf there will be a charge for this.  Evolution Internet Ltd require 10 working days notice to complete these requests.      

Security

  1. The software and the servers are kept as secure as possible.  We regularly carry out security audits to ensure that the maximum levels of security are maintained.
  2. If any vulnerability is found, they are fixed and uploaded immediately.

Newsletter System (if applicable)

  1. You may not use the newsletter system to send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene, or which break the Data Protection Act.
  2. You may not use the newsletter system to send messages causing annoyance, inconvenience or anxiety to another user of the Internet.
  3. You may not use the newsletter system to send messages for the purpose of Fraud and /or with the intention of committing a criminal offence.

Privacy

  1. Evolution Internet is committed to complying with the Data Protection Act.  We strive to protect your privacy.
  2. Cookies: nqtmanager.com may make use of cookies (cookies are small pieces of information that are sent from our website to the cookie file of the browser on your computer’s hard disc).
  3. We use cookies for several reasons:
    1. To allow you to carry information across pages of our website.
    2. To monitor our website traffic and analyse how our website works. This will allow us to make changes to the website in the future and make it easier to use.
  4. You have the ability to accept or decline cookies by modifying the settings in your browser. The majority of browsers will allow the user to alter the settings used for cookies. The help menu on your browser will have further details. Please remember that turning cookies off will restrict your access to nqtmanager.com.
  5. If you have your browser is set to disable all cookies then you may not be able to access some parts of nqtmanager.com. If your browser is set to prompt you when cookies are being used, you will have to answer "yes" when prompted to gain full access.

In the normal course of its business Evolution Internet will collect personal information from customers, for the purposes of provision of service and billing.   Under the Data Protection Act a data subject is entitled to a copy of the information we hold about them. This will be provided free of charge after reasonable proof of identity.  Please write to the address below for a request form.  Similarly, if a data subject would like any information held about them deleted this will be completed free of charge after reasonable proof of identity.  Please also write to the address below for a request form. 
Data Protection Officer
Evolution Internet Ltd
Hill View
Bell Lane
Biddenden
Kent
TN27 8LD


Key Personnel Responsible for Data Protection

The following named individuals are designated Key Personnel who will be handling and processing the specified personal data and who will assume responsibility for data protection (including notification where appropriate), security and confidentiality, and compliance with all relevant legislation.
Organisation: Evolution Internet Limited

1. Name: Gareth Brown - Managing Director
Office Address: Hill View, Bell Lane, Biddenden, Kent, TN27 8LD
Telephone number: 01622 831292
Email address: gareth.brown@evolution-internet.com

2.  Name: Marie Stack – Data Protection Officer
Office Address: Hill View, Bell Lane, Biddenden, Kent, TN27 8LD
Telephone number: 01622 831292
Email address: marie-louise@evolution.org.uk


Complaints Escalation Procedure

We aim to give outstanding service and value for money, however we recognise that from time to time issues can arise that need to be escalated. We are committed to resolving any such issues as quickly and efficiently as possible. The following section gives information on how to contact us, and what to do if you have a complaint.

Step one: how to contact us

If you are unhappy with any of our services, or you feel that you have not received a satisfactory response from our Customer Support teams, you may send your complaint in writing to:
Appropriate Body Account Manager
Evolution Internet
Hill View
Bell Lane
Biddenden
Kent
TN27 8LD
You should expect to receive a response to your complaint within 14 days of us receiving your correspondence.

Step two: what we will do

On receipt of your complaint our Appropriate Body Account Manager will thoroughly investigate any issues raised and propose a course of action for resolution.

Step three: if you are not satisfied

If you are not satisfied with the response you have received from us, you should send a letter detailing your complaint to:
Managing Director
Evolution Internet
Hill View
Bell Lane
Biddenden
Kent
TN27 8LD
You should expect to receive a response to your query within seven working days of us receiving your correspondence.


Step four: what we will do

On receipt of your complaint our Managing Director will thoroughly investigate any issues raised and propose a course of action for resolution.

Step five: further action in order to resolve your dispute

Once you have a response from our Managing Director, if you remain unsatisfied with our attempts to resolve the issue, you can contact The Office of Fair Trading. Please note that OFT can only help if you have given us an opportunity to resolve any issues. OFT contact details:
Enquiries and Reporting Centre
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX.

Enforcement

These Terms of Service shall be governed and interpreted pursuant to the laws of the England and Wales, notwithstanding any principles of conflicts of law.

Severability

If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.