BESA DW145 Fire Damper Inspection and Maintenance Course Terms and Conditions

1 Introduction

1.1 In this agreement:

1.1.1 we, us or our means Building Engineering Services Training Ltd (trading as the BESA Academy);

1.1.2 you or your means the person listed as the attendee in a Registration;

1.1.3 Access Rights means your rights to access the DW145 Course as set out in clause 4 of this agreement;

1.1.4 Assessment means any test, quiz, examination or similar process designed to assess your knowledge and comprehension of the content of the DW145 Course;

1.1.5 Assessment Fees means all fees for sitting an assessment as published on the Website and/or stated within any Registration;

1.1.6 DW145 Course means the DW145 Inspect and Maintain Training Course, a threephase hybrid programme in which:

Phase 1 means the online learning delivered by us, including e-learning, initial assessment, and any related preparatory or supporting activities, as may be updated by us from time to time.
Phase 2 means the practical element of the learning delivered by the Training Provider, including practical training and any related delivery, support or assessment activities as may be updated by us from time to time.
Phase 3 means the post-practical element delivered by the Training Provider, including Portfolio building, the Professional Discussion, final assessment and any related delivery, support or assessment activities reasonably required to complete the programme, as may be updated by us from time-to-time.

1.1.7 Certificate means certification awarded once all components of the DW145 Course successfully completed by you.

1.1.8 Course Fees means the fees for enrolment in the DW145 Course as published on the Website and/or stated within any Registration;

1.1.9 Course Materials means all course manuals, content, questions, answers, notes, presentations, and any other materials supporting the DW145 Course written by us or on our behalf which are supplied to you in connection with a Registration or a course;

1.1.10 Fees means all fees payable in respect of a Registration, including without limitation the Course Fees and Assessment Fees as published on the Website and/or stated within any Registration;

1.1.11 Professional Discussion means a professional discussion between you and the Training Provider to conclude the Assessment elements;

1.1.12 Portfolio means the structured evidence completed by you during Phase 3 to demonstrate achievement of the DW145 Course requirements.

1.1.13 Registration means a registration to enrol in one or more course(s) submitted to us;

1.1.14 Successful Completion means that you have successfully completed the practical training (in respect of Phase 2), and submission of a satisfactory Portfolio, participation in the Professional Discussion, and achievement of a passing result in the final assessment (in respect of Phase 3), in each case as determined and confirmed by us.

1.1.15 Training Provider means a training centre approved by us to provide training and assessments for the DW145 Course.

1.1.16 Website means www.thebesa.com/besa-academy and all associated web pages.

1.2 If you have any questions about this agreement or any Registration, please contact us by:

1.2.1 sending an email to academy@thebesa.com; or

1.2.2 calling us on 0800 917 8419 (our telephone lines are open Monday to Friday: 9 am to 5 pm, except on bank holidays).

2 This agreement

2.1 By submitting a Registration, you agree to be legally bound by this agreement.

2.2 If a Registration is submitted on behalf of someone else, the submitter confirms that they have the permission of the attendee to bind them to this agreement.

2.3 You agree that you are submitting a Registration in the course of your business, craft, trade or profession.

2.4 This agreement is only available in English. No other languages will apply to this agreement.

2.5 When submitting a Registration you also agree to be legally bound by:

2.5.1 our Website Terms of Use and any documents referred to in them;

2.5.2 any details or requirements notified by us to you and/or included in the Registration form prior to commencing a DW145 Course, or at any time prior to you commencing an Assessment; and

2.5.3 extra terms which may add to, or replace some of, this agreement and uploaded to our Website from time to time.

All of the above documents form part of this agreement as though set out in full here.

2.6 To ensure our terms and conditions are up to date and relevant, we may need to make amendments to these terms and conditions from time to time. The most recent version will be visible on the Website so please ensure that you check for any updates regularly. By continuing with a Registration or by accessing any online course after any changes are made, you accept those changes and are bound by them.

3 Your privacy and personal information

3.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy , which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

3.2 You consent to us monitoring your access to the DW 145 Course, including the number of computers and their IP addresses to ensure that you are not in breach of the terms of this agreement.

4 Access Rights

4.1 Subject to you submitting your Registration and paying all applicable Course Fees, we grant you a non-exclusive, non-transferable right to access and use the DW145 Course in accordance with this agreement (Access Rights).

4.2 Without limitation, your Access Rights are subject to the following conditions:

4.2.1 The right to electronically display the DW145 Course or any part of it is limited to the display of such course to you only;

4.2.2 The right to obtain a printout of the Course Materials is limited to a printout of a reasonable portion of the Course Materials;

4.2.3 The right to retrieve and store machine-readable copies of the Course Materials is limited to the retrieval of a single copy of a reasonable portion of the Course Materials for your exclusive use, to the extent the use or storage of those Course Materials is not further limited or prohibited by this agreement;

4.2.4 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the DW145 Course or any part of it and, in the event of any such unauthorised access or use, promptly notify us; and

4.2.5 Except as specifically provided in clauses 4.2.1, 4.2.2 and 4.2.3, you must not:

(a) download, store, reproduce, transmit, display, print, copy, distribute, or use the DW145 Course or any part of it;

(b) use the DW145 Course in any way that infringes the copyright or proprietary interests in the DW145 Course; or

(c) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the DW145 Course in any form or media or by any means.

5 Third Party Providers

5.1 You acknowledge and agree that:

5.1.1 we may from time to time use third party providers to assist in the delivery of the DW145 Course, including without limitation, proctoring services for carrying out Assessments; and

5.1.2 In order to complete and take full advantage of the DW145 Course, you may be required to accept terms and conditions of those third party providers forming a separate agreement between you and that third party provider.

5.2 We have no control over third party websites or third party terms and conditions and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

6 Course particulars

6.1 The DW145 Course is designed for individuals aged 18 years and over.

6.2 During Registration, you are required to provide valid identification, verify your identity, and indicate your preferred Training Provider.

6.3 You must complete Phase 1, including any required self-directed or reflective study, before progressing onto Phase 2 and 3.

6.4 The Training Provider will liaise directly with you regarding available training dates, joining instructions, and any onboarding requirements for the practical elements of the DW145 Course.

6.5 The Training Provider may assess your training needs and identify any reasonable learning support requirements.

6.6 You are responsible for completing all required coursework, including building your Portfolio and contacting the Training Provider to arrange any required Professional Discussion.

6.7 You must attend your selected Training Provider to complete Phase 2 and 3 and all associated assessments.

6.8 Failure to attend any scheduled training session or assessment may result in loss of your place and you may be required to rebook at an additional cost. We do not guarantee availability of alternative dates.

6.9 Following Successful Completion of the DW145 Course, including all required assessments, we will issue your Certificate.

6.10 Certification is contingent upon Successful Completion of all elements of the DW145 Course, including Phases 1, 2 and 3, and meeting any applicable assessment criteria.

6.11 We reserve the right to make reasonable changes to the DW145 Course content, structure, Training Providers, delivery format, or scheduling where necessary to reflect industry standards, regulatory requirements, or operational needs. Such changes will not materially affect the overall nature or quality of the DW145 Course.

7 Self-directed Study

7.1 The DW145 Course includes a significant element of self-directed study. You are solely responsible for managing your study time, completing all required modules, and undertaking any preparatory or reflective activities required.

7.2 We make no guarantee that you will achieve any particular result, grade, competency, certification, or professional outcome. Outcomes will depend on your individual effort, ability, and engagement with the DW145 Course.

7.3 The DW145 Course content and related support are provided for educational purposes only and do not constitute professional, clinical, or legal advice. You should not rely on the DW145 Course as a substitute for your own professional judgment in practical or real-world settings.

8 Payment and Refunds

8.1 You agree to pay the Fees in full (or procure payment in full on your behalf) at the time of Registration, as notified during the Registration process. Full payment of the Fees is a condition of Registration. Your Registration will not be confirmed and you will not be granted any Access Rights until we have received the Fees in cleared funds.

8.2 All Fees are non-refundable and non-transferable once your Registration has been submitted to us, except where required by law and subject to clause 8.3.2, or in the following circumstances:

8.2.1 Where you have not accessed the DW145 Course and you notify us in writing within 14 days of Registration that you wish to cancel, we will refund the Fees in full;

8.2.2 By accessing the DW145 Course within the 14-day cancellation period, you expressly request that we begin supplying the digital content and acknowledge and agree that you will lose your statutory right to cancel once access has been provided;

8.2.3 Where you have accessed the DW145 Course (including within the 14-day cancellation period) but have not commenced the Assessment, we may, at our discretion, refund the Assessment Fees only. No refund will be provided for the Course Fees;

8.3 If you fail to commence or complete the DW145 Course or fail to attend any scheduled training or assessment, you will not be entitled to any refund.

8.4 Access to practical training or assessment dates will only be scheduled and confirmed after full payment has been received.

8.5 All refunds will be made to the original payment method.

8.6 All prices are in pounds sterling [£] and are exclusive of VAT, which will be charged at the applicable rate.

8.7 We accept payment via the Stripe online payment gateway only. Payment is subject to Stripe’s terms and conditions.

8.8 We will take all reasonable steps to ensure that payment details are processed securely using an encrypted payment mechanism. However, save as required by law and our privacy policy, we will have no liability for the acts or omissions of Stripe or your use of the Stripe payment gateway.

9 Intellectual property rights

9.1 You acknowledge and agree that we and/or our licensors own all right, title and interest to and all intellectual property rights in the DW145 Course. Except as expressly stated in this agreement, this agreement does not grant you any rights to, or in, any intellectual property rights in the DW145 Course or any copies of it.

10 Cancellation or Expiry

10.1 You have the right to cancel this agreement without giving any reason, subject to clause 8.3 regarding refund of Fees. To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement in writing (for example a letter sent by post or email) using the contact details in this agreement.

10.2 We may cancel this agreement at any time with immediate effect if:

10.2.1 you have failed to comply with the terms of this agreement;

10.2.2 we have evidence that information and documentation provided in support of your Registration is false or inaccurate; or

10.2.3 we become aware, or reasonably believe, that you have misused, or allowed a third party to misuse, your Access Rights in any way.

11 Effects of cancellation

11.1 If this agreement is cancelled for any reason:

11.1.1 your Access Rights will immediately cease; and

11.1.2 subject to clauses 8.3 of this agreement, we will have no obligation to refund any Fees paid by you and you will have no entitlement to such refund.

12 Special Conditions

12.1 You must indicate your preferred Training Provider at the time of booking and Registration. We will make reasonable efforts to accommodate your preference, but this cannot be guaranteed.

12.2 Successful completion of Phase 1 is a prerequisite to progression to Phase 2.

12.3 Evidence of completion of Phase 1 must be provided prior to scheduling Phase 2. You are responsible for obtaining and providing such evidence.

12.4 You must pass any required health and safety test prior to attending practical training and Phases 2.

12.5 You are responsible for ensuring your availability on the notified dates and for all travel, accommodation, and related costs, which are not included in the Fees.

12.6 You must comply with all applicable assessment rules, identity verification requirements, and any proctoring conditions specified by us, the Training Provider, or any relevant third-party provider.

12.7 Any breach of the assessment rules may result in suspension or termination of your Registration, the voiding of any results, and you may not be entitled to any refund.

12.8 Access Rights to the online elements of the DW145 Course will be provided from the date access is first granted and will remain available for so long as the DW145 Course remains available on our learning platform. We reserve the right to discontinue, withdraw, replace or remove the DW145 Course at any time.

12.9 If you do not complete the DW145 Course and subsequently require additional support, assessment, re-enrolment or other services in order to continue or complete the DW145 Course, we reserve the right to require re-registration and payment of additional Fees. No refund or credit will be provided for any unused portion of the DW145 Course.

12.10 Access may be suspended or withdrawn earlier where Fees remain unpaid, a payment is reversed or disputed, or this agreement is terminated in accordance with its terms.

12.11 We are not responsible for the delivery, supervision, or administration of Phases 2 and 3 (including any assessments, placements, or any practical elements) where these are provided by the Training Provider or third party. However, nothing in this clause excludes or limits liability where it cannot be excluded by law.

13 Our liability to you

13.1 We will use reasonable endeavours to meet the timescales set out in the agreement, but such timescales are indicative only and we will not be liable for any losses arising from any delay, except where caused by our negligence.

13.2 Nothing in this agreement excludes or limits our liability for:

(a) Death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; or

13.3 Subject to clause 13.2, we will not be liable for any:

(a) Loss of profit;

(b) Loss of business;

(d) Loss of opportunity; or

(e) Any indirect or consequential loss.

13.4 Subject to clause 13.2, we will not be liable for any loss, damage, costs or expenses arising out of or in connection with:

(a) Any delay, cancellation, or rescheduling of any element of the DW145 Course;

(b) Any failure by you to complete the DW145 Course;

(d) Your use of, or inability to use, the DW145 Course or Access Rights.

13.5 Subject to clause 13.2, our total aggregate liability to you arising under or in connection with this agreement shall not exceed the total Course Fees actually paid by you in respect of the relevant Registration.

13.6 The DW145 Course is provided for educational purposes only. We do not warrant or guarantee that you will achieve any particular qualification, competency, or professional outcome.

13.7 The DW145 Course and any related materials are provided on “as is” and “as available” basis. To the fullest extent permitted by law, we exclude all implied warranties, representations, conditions or other terms.

13.8 We may update or amend the DW145 Course content or materials from time to time, provided that such changes do not materially reduce the overall quality of the DW145 Course.

13.9 You agree to indemnify us against any losses, damages, costs, or expenses incurred by us as a result of your breach of this agreement or your misuse of the DW145 Course or Access Rights, except to the extent that such losses arise from our negligence or breach of this agreement.

14 Third party rights

No one other than you, us or any of our group companies has any right to enforce any term of this agreement.

15 Governing law and jurisdiction

15.1 This agreement shall be governed by and construed in accordance with the laws of England and Wales and you agree that the courts of England and Wales shall have exclusive jurisdiction to hear disputes arising in connection with the agreement.

16 Assignment

16.1 You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under this agreement.

16.2 We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights or obligations under this agreement.

17 Notices

17.1 Notices under this agreement must be in writing and sent to the contact details provided during Registration or to such other contact details as either party may notify in writing.

17.2 Our contact details are provided in clause 1.2 of this agreement.

17.3 Notices sent by email will be deemed received on the next business day after transmission, and notices sent by post will be deemed received two business days after posting within the UK.

18 General

18.1 If any provision of this agreement is held to be invalid or unenforceable, that provision shall be applied to the maximum extent permissible and the remaining provisions shall remain in full force and effect.

18.2 No failure or delay by us to exercise any right or remedy under this agreement shall constitute a waiver of that or any other right or remedy.

18.3 This agreement constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior discussions, negotiations, and agreements.

18.4 Nothing in this agreement creates a partnership, joint venture, agency, or employment relationship between the parties.

DW145 FIRE DAMPER COURSE T&C's