Managing Projects in the Built Environment Course Terms and Conditions

Managing Projects in the Built Environment Course Terms and Conditions

Introduction
1. In this agreement:
  1. we, us or our means Building Engineering Services Training Ltd (trading as the BESA Academy);
  2. you or your means the person listed as the attendee in a Registration;
  3. Access Rights means your rights to access the MPBE Course as set out in clause 4 of this agreement;
  4. Assessment means any test, quiz, examination or similar process designed to assess your knowledge and comprehension of the content of the MPBE Course;
  5. Assessment Fees means all fees for sitting an assessment as published on the Website and/or stated within any Registration;
  6. Booked Course Date means the date selected by you, or subsequently agreed between you and the Training Provider, for attendance on the MPBE Course.
  7. Certificate means certification awarded upon Successful Completion of the MPBE Course.
  8. Course Fees means the fees for enrolment in the MPBE Course as published on the Website and/or stated within any Registration;
  9. Course Materials means all course manuals, content, questions, answers, notes, presentations, and any other materials supporting the MPBE Course written by us or on our behalf which are supplied to you in connection with a Registration or a course;
  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;
  11. MPBE Course means the Managing Projects in the Built Environment Course, a two-phase online programme in which:
    Phase 1 means the online classroom learning delivered by the Training Provider, 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 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.
  12. Registration means a registration to enrol in one or more course(s) submitted to us;
  13. Successful Completion means that you have successfully completed all required elements of the MPBE Course and achieved a passing result in the final assessment, in each case as determined and confirmed by us.
  14. Training Provider means the training provider approved by us to provide training and assessments for the MPBE Course.
  15. Website means www.thebesa.com/besa-academy and all associated web pages.
2. If you have any questions about this agreement or any Registration, please contact us by:
  1. sending an email to academy@thebesa.com; or
  2. calling us on 0800 917 8419 (our telephone lines are open Monday to Friday: 9 am to 5 pm, except on bank holidays).
This agreement
1. By submitting a Registration, you agree to be legally bound by this agreement.
2. Where a Registration is completed by a third party on your behalf, the third party confirms that it has authority to provide your details for the purposes of Registration. Access to the MPBE Course and participation in the MPBE Course will constitute your acceptance of these terms.
3. The MPBE Course is intended for professional and vocational development and is designed for individuals working in, or seeking to work in, the built environment sector.
4. This agreement is only available in English. No other languages will apply to this agreement.
5. Where a third party, including an employer, pays any Fees on your behalf, the Registration remains personal to you and all rights granted under this agreement are granted solely to you. Any refund payable under this agreement may be paid to the party that originally made payment.
6. When submitting a Registration you also agree to be legally bound by:
  1. our Website Terms of Use and any documents referred to in them;
  2. any details or requirements notified by us to you and/or included in the Registration form prior to commencing a MPBE Course, or at any time prior to you commencing an Assessment; and
  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.
7. To ensure our terms and conditions are up to date and relevant, we may amend these terms from time to time. Any material changes will apply only to Registrations submitted after the amendment takes effect, unless the change is required by law, regulation or accreditation requirements. The most recent version will be visible on the Website so please ensure that you check for any updates regularly.
Your privacy and personal information
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.
2. We may monitor and record access to the MPBE Course, including device and IP address information, for security, authentication, fraud prevention and compliance purposes.
Access Rights
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 MPBE Course in accordance with this agreement (Access Rights).
2. Without limitation, your Access Rights are subject to the following conditions:
  1. The right to electronically display the MPBE Course or any part of it is limited to the display of such course to you only;
  2. The right to obtain a printout of the Course Materials is limited to the extent reasonably necessary for your personal use in connection with the MPBE Course;
  3. The right to retrieve and store machine-readable copies of the Course Materials is limited to the retrieval and storage of a single copy to the extent reasonably necessary for your personal use in connection with the MPBE Course 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. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the MPBE Course or any part of it and, in the event of any such unauthorised access or use, promptly notify us; and
  5. Except as specifically provided in clauses 4.2.1, 4.2.2 and 4.2.3, you must not:
    - download, store, reproduce, transmit, display, print, copy, distribute, or use the MPBE Course or any part of it;
    - use the MPBE Course in any way that infringes the copyright or proprietary interests in the MPBE Course; or
    - attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the MPBE Course in any form or media or by any means.
Third Party Providers
1. You acknowledge and agree that:
  1. we may from time to time use third party providers to assist in the delivery of the MPBE Course, including without limitation, proctoring services for carrying out Assessments; and
  2. In order to complete and take full advantage of the MPBE 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.
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.
Course particulars
1. The MPBE Course is designed for individuals aged 18 years and over and is intended for professional and vocational development.
2. During Registration, you are required to provide valid identification, verify your identity, and select your preferred MPBE Course date.
3. You must complete Phase 1, including any required self-directed or reflective pre-course study, before progressing to Phase 2.
4. Following Registration, you will select your preferred date from the available dates to undertake the learning and assessment. Once your booking is confirmed, you will receive joining instructions and any onboarding requirements. The Training Provider may assess your training needs and identify any reasonable learning support requirements.
5. You are responsible for completing all required pre-course study, learning, revision activities and mock assessments.
6. You must undertake and complete the Assessment within seven (7) days of completing the MPBE Course. If you fail to do so within this timeframe, you may lose access to the Assessment.
7. You must attend your selected session to complete Phases 1 and 2 and all associated assessments.
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.
9. Any request to re-schedule an assessment will be subject to clause 9.
10. Following Successful Completion of the MPBE Course, including all required assessments, we will issue your Certificate.
11. We reserve the right to withdraw, revoke, suspend or amend any Certificate issued to you where:
  1. we reasonably believe that the Certificate was obtained through fraud, dishonesty, impersonation, cheating, plagiarism or any other form of academic misconduct;
  2. any assessment result or evidence submitted in support of certification is found to be false, inaccurate or misleading;
  3. certification has been issued as a result of an administrative, clerical or technical error; or
  4. certification no longer accurately reflects the outcome of the assessment process due to the discovery of information which would have affected the award of the Certificate.
12. Where reasonably practicable, we will notify you of any decision to withdraw, revoke, suspend or amend a Certificate and provide the reasons for that decision.
13. Certification is contingent upon Successful Completion of all elements of the MPBE Course, including Phases 1 and 2, and meeting any applicable assessment criteria.
14. We reserve the right to make reasonable changes to the MPBE Course content, structure, Training Provider, 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 MPBE Course.
Self-directed Study
1. The MPBE Course includes an element of self-directed pre-course study, as well as revision and a mock assessment. You are solely responsible for managing your study time, completing all required modules, and undertaking any preparatory or reflective activities required.
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 MPBE Course.
3. The MPBE 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 MPBE Course as a substitute for your own professional judgment in practical or real-world settings.
Payment and Refunds
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.
2. 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.
3. If you are an individual purchasing the MPBE Course online for professional development, you may have a right to cancel this agreement within 14 days of Registration without giving any reason.
  1. To exercise this right, you must notify us in writing before the expiry of the 14-day cancellation period.
  2. If you cancel within the 14-day cancellation period and have not accessed any part of the MPBE Course, we will refund all Fees paid.
  3. By requesting or accessing the MPBE Course digital content during the 14-day cancellation period, you expressly request immediate access to the digital content and acknowledge that your statutory cancellation rights may be lost or restricted to the extent permitted by law.
  4. Where access to any Course Materials, online learning platform, e-learning content or other digital content has been provided to you, no refund shall be payable except where required by law.
4. If you fail to commence or complete the MPBE Course, fail to complete the Assessment within the required timeframe, or fail to attend any scheduled training session or assessment, you will not be entitled to any refund except as expressly provided for in this agreement or as required by law.
5. Access to training and Assessment dates will only be scheduled and confirmed after full payment of the Fees has been received.
6. Any refund approved under this agreement will be made using the original payment method.
7. All prices are stated in pounds sterling [£] and are exclusive of VAT, which will be charged at the applicable rate.
8. We accept payment via the Stripe online payment gateway. All payments are subject to Stripe’s terms and conditions.
9. We will take all reasonable steps to ensure that payment details are processed securely using an encrypted payment mechanism. Subject to applicable law and our Privacy Policy, we shall not be liable for the acts or omissions of Stripe or for your use of the Stripe payment gateway.
Cancellation
1. You may cancel this agreement at any time by providing written notice to us. Any cancellation charges, re-scheduling charges and refunds shall be determined in accordance with clause 8.3 and this clause 9.
2. Subject to clause 8.3, the following charges shall apply where no access to any Course Materials, online learning platform, e-learning content or other digital content has been provided to you:
  1. Where no access to any part of the MPBE Course, Course Materials or online learning platform has been granted:
    - 35 days or more before the Booked Course Date:
      - no charge for the first re-scheduling request;
      - £100 plus VAT for each subsequent re-scheduling request; and
      - a cancellation charge of 30% of the Fees.
    - 15 to 34 days before the Booked Course Date:
      - a re-scheduling charge of 60% of the Fees; and
      - a cancellation charge of 60% of the Fees.
    - 14 days or less before the Booked Course Date:
      - a re-scheduling charge of 100% of the Fees; and
      - a cancellation charge of 100% of the Fees.
  2. Where access to any Course Materials, online learning platform, e-learning content or other digital content has been provided to you, cancellation and refund rights shall be governed by clause 8.3.
3. Any request to re-schedule is subject to availability. We do not guarantee that an alternative Booked Course Date will be available.
4. Re-scheduling requests relate only to the attendee named in the Registration. Registrations are personal to the attendee and may not be transferred, assigned or substituted without our prior written consent.
5. We may terminate this agreement at any time with immediate effect if:
  1. you have failed to comply with the terms of this agreement;
  2. we reasonably believe that information or documentation provided in support of your Registration is materially false, inaccurate, or misleading; or
  3. we become aware, or reasonably believe, that you have misused, or permitted a third party to misuse, your Access Rights.
  4. Upon termination under this clause, your Access Rights will cease immediately and you will not be entitled to any refund of Fees already paid, except where required by law.
  5. We may cancel or re-schedule the MPBE Course where this is reasonably necessary due to operational requirements, trainer availability, accreditation requirements or circumstances beyond our reasonable control. In such circumstances, we will offer an alternative date or refund any Fees paid for the affected part of the MPBE Course.
Effects of cancellation
1. If this agreement is cancelled for any reason:
  1. your Access Rights will immediately cease; and
  2. subject to clauses 8.3 and 9.2 of this agreement, we will have no obligation to refund any Fees paid by you and you will have no entitlement to such refund.
Intellectual property rights
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 MPBE 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 MPBE Course or any copies of it.
Special Conditions
1. You must indicate your preferred date at the time of booking and Registration. We will make reasonable efforts to accommodate your preference, but this cannot be guaranteed.
2. Successful completion of Phase 1 is a prerequisite to progression to Phase 2.
3. Evidence of completion of Phase 1 must be provided prior to scheduling Phase 2. You are responsible for obtaining and providing such evidence.
4. 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.
5. Any breach of the assessment rules may result in suspension or termination of your Registration, the voiding of any results, withdrawal of any Certificate previously issued, and you may not be entitled to any refund.
6. Access Rights to the online elements of the MPBE Course will be provided from the date access is first granted and will remain available for the period stated at Registration or, where no period is specified, for such period as we reasonably determine. We reserve the right to discontinue, withdraw, replace or remove the MPBE Course, provided that we will use reasonable endeavours to provide access to an equivalent programme or refund any Fees paid for services not yet supplied.
7. If you do not complete the MPBE Course and subsequently require additional support, assessment, re-enrolment or other services in order to continue or complete the MPBE 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 MPBE Course.
8. 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.
9. We are not responsible for the delivery, supervision, or administration (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.
Our liability to you
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.
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
  (c) any other liability which cannot be excluded or limited under applicable law.
3. Subject to clause 13.2, we will not be liable for any:
  (a) Loss of profit;
  (b) Loss of business;
  (c) Loss of anticipated savings;
  (d) Loss of opportunity; or
  (e) Any indirect or consequential loss.
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 MPBE Course;
  (b) Any failure by you to complete the MPBE Course;
  (c) Any acts or omissions of any Training Provider or third party; or
  (d) Your use of, or inability to use, the MPBE Course or Access Rights.
5. Subject to clause 13.2 and applicable law, our aggregate liability shall not exceed the Fees actually paid by you in respect of the relevant Registration.
6. The MPBE 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.
7. We do not guarantee that the MPBE Course will be uninterrupted or error free, although we will use reasonable care and skill in providing it.
8. We may update or amend the MPBE Course content or materials from time to time, provided that such changes do not materially reduce the overall quality of the MPBE Course.
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 MPBE Course or Access Rights, except to the extent that such losses arise from our negligence or breach of this agreement.
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.
Governing law and jurisdiction
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.
Assignment
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.
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.
Notices
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.
2. Our contact details are provided in clause 1.2 of this agreement.
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.
General
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.
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.
3. This agreement constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior discussions, negotiations, and agreements.
4. Nothing in this agreement creates a partnership, joint venture, agency, or employment relationship between the parties.

Managing projects in the built environment T&C's

BESA Group companies