“Techsmiths” is a trading name of Softwire Technology Limited with company number 3824658 (“Softwire”).
Suite 110, Highgate Studios
53-79 Highgate Road
London NW5 1TL
28 Arcadia Avenue
London N3 2FT
Telephone: 0207485 7500
2.1. “Booking Form” means the course booking form sent to a Student by Techsmiths offering the Student a place on a Techsmiths training course and detailing the relevant course start date, deposit and fees.
2.2. “Confidential Information” means all proprietary information about Softwire and Techsmiths that, if disclosed, could affect our business, including but not limited to:
2.3. “Intellectual Property Rights” means intellectual property of every sort, whether or not registered or registrable in any country and includes among other things (i) intellectual property of kinds coming into existence after today and (ii) patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, know-how, creations and inventions, together with all rights which are derived from those rights.
2.4. “Promotional Content” means marketing, educational or other content to promote or publicise Techsmiths.
2.5. “Student Content” means any text, files, images, photos, videos or works of authorship that you submit to us during a course (but shall not include any content, materials or information that you have downloaded, copied or otherwise obtained from us, which you hereby acknowledge is owned by us or our licensors).
2.6. “Student” or “you” means the individual identified on a Booking Form as a student (and “your” shall be construed accordingly).
2.7. “we” means Techsmiths and/or Softwire (and “us/our” shall be construed accordingly).
3.1. Each Techsmiths course will last for 12 calendar weeks (Monday-Friday excluding public holidays, 9:00am to 5:30pm including a lunchbreak of one hour).
3.2. The course start date and fees are stated on the Booking Form sent to you by Techsmiths.
3.3. Details of course content are available on the Techsmiths website at: http://www.techsmiths.uk/course. Techsmiths reserves the right to change the course content from time to time and if it does so it will update the website page accordingly.
3.4. Subject to your successful participation in the course (as reasonably determined by us) we will offer you a written contract of employment. If agreed, we will endeavour to offer temporary assignments to you to work as a software developer for third-party hirers under the agreed contract terms.
4.1. Techsmiths expects students to:
4.2. Techsmiths reserves the right to remove any students from the course if we find that they are behaving inappropriately. If we have to do this, no refund of course fees or other costs will be made.
5.1. Anyone accepted on a Techsmiths course is required to pay the deposit stated on the Booking Form to secure their place on the course.
5.2. Subject to clause 6, the deposit will be non-refundable and will be deducted from the total course fees owed.
5.3. Following payment of the deposit, the student must pay 100% of the fee stated on the Booking Form for the relevant course (less the deposit) so that it is received in our bank account not later than 5 working days before the start of the course.
5.4. If payment in full is not received by Techsmiths in its bank account not later than 5 working days before the start of the course, the Student will no longer be able to attend the course and will not be entitled to be repaid their deposit.
5.5. The Student shall pay the deposit and course fees by bank transfer to Techsmiths’ nominated bank account stated on Techsmiths’ invoice.
6.1. Subject to clauses 6.2, 6.3 and 6.4, any deposit or course fee paid by the Student is non-refundable.
6.2. If a course on which the Student is enrolled is cancelled (whether prior to the course commencing, or after its commencement) by Techsmiths, any deposit and fee which has been paid by the Student for the applicable course will be refunded in full and Techsmiths will have no further liability to the Student.
6.3. If a course is temporarily suspended for a period of less than one month no course fees will be refunded. If a course is suspended for a period of longer than one month, Students enrolled on that course will be given the option of continuing the course when it resumes or receiving a pro-rata refund of course fees for the suspended part of the course (based on the number of full weeks of the course that were suspended, as a percentage of the total number of course weeks).
6.4. Following completion of a course, if you agree a contract of employment with us pursuant to clause 3.4, we will reimburse in full any deposit and fee you have paid for the applicable course within 60 days of contract signature by both parties.
7.1. All Students must have the right to study and to work in the UK under applicable UK rules, and hold a current visa if necessary. A guide to these rules can be found at: www.ukba.homeoffice.gov.uk/visas-immigration
7.2. Please note that Techsmiths is not currently an accredited institution for the purposes of the “student visitor” category.
7.3. Students will be required to produce photographic ID (either Passport or Driving Licence) on enrolment on a course. If you intend to rely on other documents, you should provide full details to Techsmiths when applying for a course.
7.4. You hereby consent to undergo security screening checks (e.g. Baseline Personnel Security Standard (BPSS) checks) to facilitate your placement on assignments pursuant to clause 3.4.
8.1. Except in respect of death or personal injury caused by Techsmiths’ negligence or Techsmiths’ fraud, Techsmiths shall not be liable (to the extent able to be excluded at law) to any Student by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Techsmiths, its servants or agents or otherwise) which arise out of or in connection with the provision of the Techsmiths course and the entire liability of Techsmiths under or in connection with the course shall not exceed the amount of Techsmiths’ charges for the course on which the Student is or has applied to be enrolled.
8.2. Techsmiths shall not be liable to the Student or be deemed in breach of contract by reason of any delay or failure to perform any of Techsmiths’ obligations in relation to the course if this was due to any cause beyond Techsmiths’ reasonable control.
9.1. Without our prior written consent, you will not:
9.2. Upon our request, you will immediately return all original materials provided by us and any copies, notes or other documents in your possession pertaining to Confidential Information.
9.3. You will not do anything or seek to do anything that may bring Techsmiths or Softwire into disrepute or reduce, diminish or damage the public reputation of Techsmiths or Softwire.
10.1. We do not claim any ownership of any Intellectual Property Rights in your Student Content. After submitting Student Content to us, you retain all rights of ownership which you have subsisting in it and you may use it in any way you choose (provided it does not breach any terms of the Agreement or any applicable laws).
10.2. You warrant that you own the Intellectual Property Rights in and to all Student Content that you submit to us or you are otherwise entitled to submit the same to the Techsmiths website.
10.3. You hereby grant us a non-exclusive, irrevocable, perpetual, royalty-free, worldwide licence to use your Student Content in order to publicise and promote Techsmiths and courses run by us, including without limitation the right to publicly perform, reproduce, display, modify, manage, distribute and store any of your Student Content as part of our website or as part of any materials used to promote or advertise Techsmiths anywhere in the world. We shall not otherwise distribute or sell any of your Student Content without your permission.
10.4. We will not be under any obligation whatsoever to pay you for any of the Student Content used in accordance with these terms and conditions.
10.5. Save in respect of the Student Content, all Intellectual Property Rights in and to the all content, materials and information provided to you by us during the course are owned by and shall remain owned by us or our licensors.
10.6. You may view, download and print any content, materials and information made available to you by us during the course subject to the following conditions:
11.1. Techsmiths may film, photograph or record you as part of the creation of Promotional Content to promote or publicise Techsmiths and may permit other companies to carry out similar projects.
11.2. You hereby agree that the Intellectual Property Rights in respect of any Promotional Content shall vest in and are hereby assigned to Techsmiths and you grant all necessary consents that may be required under any legislation or regulation in any jurisdiction to permit the Promotional Content or any part of it to be exhibited or otherwise exploited by all means and in all media and formats throughout the universe for the full period of copyright and all renewals, revivals, reversions and extensions thereof and thereafter so far as may be possible in perpetuity. You further confirm that you shall not seek to enforce any rights to equitable remuneration in respect of any rental and lending and cable re-transmission rights in the Promotional Content.
11.3. Without limiting the foregoing in any way, we shall be entitled to (a) alter, adapt or make additions to or deletions from the Promotional Content (and your appearance therein) at our discretion, (b) make and exploit and to authorise the making and exploitation of any recording or fixation of your appearance separately from or in conjunction with the Promotional Content throughout the Universe in perpetuity by all means and in all media whether now known or hereafter invented including without limitation by way of any interactive, online telephony or new media application; (c) dub your voice in any language; and (d) include your name, likeness, voice, biographical details, photographs of you and recordings of interviews with you separately from or in conjunction with the Promotional Content by all means and in all media and formats throughout the Universe including but not by way of limitation in advertising, publicity and exploitation material.
11.4. You acknowledge that no repeat fees or any other fees shall be payable to you in respect of any subsequent rebroadcast or retransmission or any other use by us (or any assignees or licensees) of the Promotional Content or any part thereof.
11.5. You hereby waive any so-called ‘moral rights’ in the Promotional Content and such rights under section 77 and section 80 of the Copyright Designs and Patents Act 1988 as you now has or may hereafter acquire in relation to the Promotional Content. Accordingly, we shall have the unfettered right to modify the Promotional Content or any part of it in any way that we think fit.
11.6. We shall be entitled to assign the benefit of this section 9 either in whole or in part to any to any of our subsidiary or associated companies or successors in title and/or any third party.
11.7. You agree that in the event of any breach of these terms and conditions by us, you shall not be entitled to enjoin and/or injunct the distribution and/or exploitation of the Promotional Content and any legal remedy you may have shall lie in an action at law for damages (subject to the limitations set out in section 8).
12.1. If a Student is not satisfied with any aspect of Techsmiths, whether that be the course content, curriculum, facilities or any other issue, they should first raise their concern with the relevant course tutor.
12.2. If a discussion or correspondence with the relevant course tutor does not satisfactorily resolve the Student’s concern, or the Student does not feel they are able to raise the concern with the course tutor (for example because it relates to the tutor’s personal performance) the complaint should be raised with Sasha Burgoyne, Course Mentor, by email to firstname.lastname@example.org. This can be escalated to Gareth Johnson, Head of Techsmiths by email to email@example.com.
13.1. These terms and conditions are governed by and are to be construed in accordance with English law, and any dispute arising out of these terms and conditions is subject to the exclusive jurisdiction of the courts of England and Wales.