1                  Introduction

1.1               In this contract:

1.1.1         ‘we’, ‘us’ or ‘our’ means Engineering Services SKILLcard Ltd; and

1.1.2         ‘you’ or ‘your’ means the person listed as the SKILLcard Holder in an Application, and where an Application is being submitted on behalf of the SKILLcard Holder also includes the person submitting the Application on the SKILLcard Holder’s behalf; and

1.1.3         ‘Application’ means an application for a SKILLcard (including renewal of an existing or expired SKILLcard) submitted to us;

1.1.4         ‘SKILLcard’ means a smart card described in the SKILLcard Scheme Handbook;

1.1.5         ‘Website’ means www.SKILLcard.org.uk and all associated web pages;

1.2               If you have any questions about this contract or any orders you have placed, please contact us by:

1.2.1         sending an email to skillcard.info@theBESA.com; or

1.2.2         filling out and submitting the online contact form; or

1.2.3         calling us on 01768 860406 (our telephone lines are open Monday to Friday: 9 am to 5 pm, except on bank holidays). 

1.3               If you have a complaint, you must follow the procedure set out in our Complaints & Appeals Policy.


2                  This contract

2.1               By submitting an Application, you agree to be legally bound by this contract at all times you hold a SKILLcard issued by us.

2.2               If you are submitting an Application on behalf of someone else, you confirm that you have their permission to bind them to this contract.

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

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

2.5               When submitting an Application you also agree to be legally bound by:

2.5.1         these SKILLcard Terms and Conditions and any documents referred to in them;

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

2.5.3         our SKILLcard Scheme Handbook and any documents referred to in them; and

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

All of the above documents form part of this contract 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 an Application or to use your SKILLcard after any changes are made, you accept those changes and are bound by them.


                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.


4                  Making an Application

4.1               You must submit an Application on the Website, unless we agree otherwise. Please read and check your Application carefully before submitting it. You will be able to correct any errors before submitting your Application to us.

4.2               From time to time, in our sole and absolute discretion, we may accept Applications by telephone. Such Application must be made by the SKILLcard Holder, a friend or family member, or their employer only.  The SKILLcard Holder must be present to provide consent for us to proceed with a telephone Application.  We reserve the right to refer anyone to the relevant authorities if they purport or attempt to make a telephone Application other than in accordance with this clause.

4.3               When you submit your Application (ie following completion of payment), we will acknowledge receipt of your Application by email. This acknowledgement does not, however, mean that your Application has been accepted by us.

4.4               If you receive an acknowledgement email from us and the information contained in that email is unexpected or incorrect, please contact us immediately.

4.5               You agree to pay the Application fees displayed on our Website and notified during the Application process. You acknowledge that Application fees are non-refundable and non-transferable once your Application has been approved by us.

4.6               We may contact you to say that we do not accept your Application. This is typically for the following reasons, but this list is not exhaustive:

4.6.1         You have failed to comply with the terms of this contract;

4.6.2         The information and documentation provided in support of your Application is incomplete or inaccurate;

4.6.3         You are not eligible for the SKILLcard you have applied for;

4.6.4         You cannot evidence your right to work in the United Kingdom;

4.6.5         If, in our absolute discretion, we consider that you are acting in a rude, abusive or uncooperative manner towards us in our enquiries regarding your Application; or

4.6.6         You have failed to pay the Application fees, or we cannot authorise your payment.

4.7               We will only accept your Application when we email you to confirm this (Confirmation Email). At this point:

4.7.1         a legally binding contract will be in place between you and us; and

4.7.2         we will dispatch the SKILLcard to you.


5                  Your obligations

5.1               By submitting an Application, you warrant to us that:

5.1.1         all information and documentation provided in your Application and in support of that Application is true, complete and not misleading;

5.1.2         you have used your best endeavours to ensure that all information provided to us by third parties at your request is true, complete and not misleading;

5.1.3         you have disclosed on the Application form or in accompanying information all information relevant to the Application;

5.1.4         you will notify us of any material change to the information included on your Application, including anything which is likely to affect your eligibility to hold a SKILLcard; and

5.1.5         you will at all times comply with the terms of the contract.


6                  Delivery

6.1               The estimated date for delivery within the United Kingdom is within 10 working days of receipt of a Confirmation Email.

6.2               If something happens which is outside of our control and affects the estimated date of delivery, we will use reasonable endeavours to provide you with a revised estimated date for delivery.

6.3               If you have not received your SKILLcard within 4 weeks of receiving a Confirmation Email, please contact us immediately. 

6.4               Delivery will take place at the address specified by you when you submitted your Application to us.

6.5               We may refuse to deliver to any address outside of the United Kingdom.

6.6               You are responsible for the SKILLcard once it has been delivered to the address specified in your Application. Your SKILLcard will be deemed to have been delivered on the expiry of 4 weeks from the date of the Confirmation Email unless you have contacted us prior to that expiry date to advise us that your SKILLcard has not been delivered.


7                  Licence to use SKILLcard

7.1               Other than your personal data, the data on and intellectual property rights in a SKILLcard remains the exclusive property of us and we reserve the right to invalidate a SKILLcard at any point.

7.2               We grant the SKILLcard Holder a non-transferrable licence to use the data on and intellectual property rights in a SKILLcard issued to them by us for the purposes set out in and in accordance with the SKILLcard Hanbook.   

7.3               A SKILLcard is the property of the SKILLcard Holder regardless of who applied or paid for the SKILLcard.  Once a SKILLcard has been delivered to the SKILLcard Holder, it must always be kept in the possession of the SKILLcard Holder.

7.4               A SKILLcard must not be used by a person who is not the SKILLcard Holder.

7.5               You agree to keep us updated on any change of the SKILLcard Holder’s contact details, including name, address, email address, mobile phone number and right to work status.  We reserve the right to request further documentary evidence of any change of details, such as a marriage certificate or deed poll.


8                  Renewal of a SKILLcard

8.1               It is your responsibility to ensure you do not allow your SKILLcard to expire.

8.2               We may send you reminders to renew your SKILLcard by post or email or text message (or any combination of these) at 90, 60, 30 prior to expiration of your SKILLcard and 7 days following expiry.  It is your responsibility to ensure that we have your current and preferred home address, email address and mobile phone number.

8.3               If you fail to submit an Application to renew your SKILLcard prior to the expiry of that SKILLcard, then your SKILLcard may expire and access to sites may be rejected until you have renewed your SKILLcard.


9                  Replacement of a SKILLcard

9.1               If you notify us that a SKILLcard is damaged or misplaced, we may agree to replace the SKILLcard if you pay a replacement charge stated on the Website. 

9.2               You will not have to pay a replacement charge if you did not receive delivery of the SKILLcard and you notified us of that within the timeframe specified in clause 6.6.


10                  Payment

10.1               We accept payment through the Opayo online payment gateway only. We do not accept cash or cheques. Opayo is the trading name of Elavon Digital Europe Limited, and use of the Opayo online payment gateway is subject to Opayo’s terms and conditions.

10.2               We will do all that we reasonably can to ensure that all of the information you give us when paying for your SKILLcard is secure by using an encrypted secure payment mechanism powered by Opayo. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us. We will have no liability for the acts or omissions of Opayo or your use of the Opayo online payment gateway.

10.3               Your Application will not be accepted until your payment has been received.  Application fees are non-refundable once a SKILLcard has been issued to you.  If we discover that we cannot issue you with the SKILLcard in your Application after taking payment from you (but before issuing the SKILLcard to you),  we will provide you with a refund of all fees paid in relation to that Application within 7 days.

10.4               All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate.


11                  Cancellation

11.1               You have the right to cancel this contract without giving any reason. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement in writing (eg a letter sent by post or email) using the contact details in this contract.

11.2             We may cancel your Application, your SKILLcard and this contract at any time with immediate effect if:

11.2.1         You have failed to provide us with sufficient information and evidence requested in support of your Application within 6 months of the date of your Application;

11.2.2         We have evidence that you do not have the right to work in the United Kingdom;

11.2.3         You are no longer eligible for the SKILLcard granted to you;

11.2.4         You have failed to comply with the terms of this contract;

11.2.5         We have evidence that information and documentation provided in support of your Application is false or inaccurate; or

11.2.6         We become aware, or reasonably believe, that you have misused, or allowed a third party to misuse, your SKILLcard in any way.


12                  Effects of cancellation

12.1               If this contract is cancelled for any reason, we will have no obligation to refund any fees or charges paid by you and you will have no entitlement to such refund.

12.2               If you have received the SKILLcard:

12.2.1         you will need to send back the SKILLcard or hand it over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the SKILLcard before the period of 14 days has expired; and

12.2.2         you will have to bear the direct cost of returning the SKILLcard.


13                  Our liability to you

13.1               We will use reasonable endeavours to meet the timescales set out in the contract, but we will not be liable for any losses arising from any delay.

13.2               Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), or as expressly provided in the contract, we will not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of us, our servants or agents or otherwise) which arise out of or in connection with an Application, the issue of a SKILLcard, or use of a SKILLcard by you and our entire liability under or in connection with the contract will not exceed the total Application fees which have actually been paid by you to us.

13.3               Neither acceptance of an Application nor issue of a SKILLcard by us implies or expresses any warranty of any kind with respect to your qualifications, competencies or skills, and we assume no responsibility for defects, failure in service or infringement of patents, trademarks or brands.

13.4               You agree to indemnify us against any loss, damage, costs, expenses or other claims for compensation suffered by or made against us as a result of:

1.4.1         any material or instructions supplied by you which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of yours; and

1.4.2         any breach by you of this contract including but not limited to your misuse (or you allowing the misuse by third parties) of any SKILLcard issued by us. 


14                 Third party rights

14.1              No one other than you or us has any right to enforce any term of this contract.


15                  Governing law and jurisdiction

15.1               This contract 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 contract.