Learning Link terms and conditions
These terms and conditions override any contrary terms or conditions published by us in relation to any Learning Link subscription between you and us.
Definitions and interpretation
1.1 The following terms have the references set out below:
“Governing Board” refers to trust boards, governing bodies and academy committees.
“Subscription Period” means a period of twelve calendar months (or other period where expressly agreed by the National Governance Association)
“Data Subject, Personal Data, Data Controller and Data Processor” shall have the meanings given to those terms respectively in the relevant Laws;
“You” and “your” means and refers to the Governing Board of which you are a member and which you represent
“We” and “our” and “us” refers to the National Governance Association
Learning Link Benefits
2.1 We reserve the right to change the benefits that apply to the Learning Link subscription at any time and without prior notice.
2.2 A subscription provides access to all Learning Link modules – full list of modules.
2.3 NGA shall be entitled to make such changes, issue updates, remove, amend or add content to the Learning Link platform as it shall in its absolute discretion determine and without notice.
2.3 Each school, trust or organisation requires their own subscription. Access to Learning Link cannot be shared across schools, trusts or organisations who are not Learning Link subscribers, except in cases where a number of schools share one governing board.
2.4 Each school, trust or organisation is responsible for updating the details of their governors/trustees and clerks, to ensure that they can receive their full benefit entitlement, and to ensure that any governors/trustees who no longer require access to Learning Link are removed. Your nominated account administrators can update the details through the membership management section of the NGA website. Further information about how to do this can be found in the FAQs.
2.5 The number of people that can access Learning Link is limited to 20 users per board.
NGA shall, where reasonably requested to do so, and on terms to be agreed between both parties, provide the following additional services subject to availability of resources: a range of web application software development, training, editorial and e-learning services and consultancy services.
NGA shall charge the Client in advance for the provision of the ‘additional services’, in accordance with fees or rates agreed prior to the provision thereof.
3.1 Learning Link subscription costs are subject to change on an annual basis every January.
3.2 When submitting an application for a Learning Link subscription or subscription renewal whether online or by some other means, you will be required to accept these terms and conditions. Our acceptance of your application which will create a legally binding contract between you and the organisation you govern and the National Governance Association incorporating these terms and conditions.
3.3 Once the contract has been created you will be liable to pay the subscription fee.
3.4 You agree that NGA is not responsible for take-up of the services by individual Governors or schools or governing boards, and accordingly no discounts or rebates shall be given in respect of Governors for whom the services have been made available, but who have not registered on the Learning Link platform or used the services.
3.4 Your 12-calendar month subscription for the subscription period will start on the date of registration or agreed date for commencement of your subscription.
3.6 The subscription period will be 12 calendar months. Thereafter, the subscription shall be automatically renewed for successive periods of the same length unless you notify NGA of termination, in writing, at least 30 days before the end of the renewal period. Upon notice of termination the membership shall terminate upon the expiry date of the initial period or renewal period as applicable.
3.7 We reserve the right to terminate your subscription on written notice if you fail to pay any amount due under this subscription on the due date for payment and remains in default over 30 days after an outstanding payment reminder has been issued.
3.8 In the event of termination of your Learning Link subscription for any reason, you shall pay in full for the services up to and including the date of termination.
3.7 An invoice will be issued prior to the subscription renewal date.
Cancellation and Refund
4.1 Cancellation of the Learning Link subscription should be made in writing to email@example.com
4.2 Subscription fees are not refundable on cancellation.
4.3 NGA shall be entitled to retain electronic copies of all data relating to Governors for one year, to enable it to maintain a deactivated learner record for those Governors so that in the event the school resubscribes to Learning Link, the governor’s training record can be reactivated
5.1 Each party shall where applicable only process Personal Data as defined in Section 1 (1) of the Data Protection Act 2018 for the purpose of fulfilling its obligation under this contract or in accordance with the express written instructions of the other. NGA’s Membership Privacy Notice can be found on the NGA website.
5.2 NGA will only process data that is relevant to NGA membership services and is required in order to deliver NGA membership services. A full list of NGA membership services can be found on the NGA website.
5.3 National Governance Association shall:
5.3.1 process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments;
5.3.2 take all appropriate technical and organisational measures against the unauthorised or unlawful processing of the Personal Data and against the accidental loss or destruction of, or damage to, the Personal Data;
5.3.3 notify the Client immediately if it becomes aware of any unauthorised or unlawful processing, loss of, damage to or destruction of the Personal Data;
5.3.4 not store, process or transfer any Personal Data outside of the European Economic Area; and
5.3.5 ensure that all staff and others involved with processing any Personal Data, including Access Group, are subject to a relevant duty of confidentiality in respect of the Personal Data.
5.4 The following types of Personal Data of the user may be shared between the parties during the term of this Agreement:
- full name
- email address
- telephone/mobile number(s)
- job role(s)
- governance role(s)
- school(s) at which they govern, clerk or otherwise represent
- when they became a user
- when they ceased to be a user
- information provided about themselves in connection with their membership or in connection with their use of the membership portal of the NGA website.
(“Shared Personal Data”).
5.5 The Client shall ensure that adequate consent has been obtained from Governors, Trustees and Clerks in order to perform National Governance Association’s obligations and that a copy of such consent is retained for as long as is reasonably necessary (and not more).
5.6 National Governance Association shall procure that the following organisations or their successors shall implement and maintain during the subsistence of this Agreement all reasonable security measures to ensure that Personal Data provided by the Client or its Governors may not be subject to unauthorised access, alteration or deletion. These organisations will be bound by the same data protection conditions as are included in these terms and conditions:
- Spire Business Management Systems (NGA’s database provider)
- Surftech IT (NGA’s IT services provider)
- Mentor Digital (NGA’s web developers)
5.7 Each party must ensure compliance with applicable national data protection laws at all times during the Term of this Agreement.
5.8 Each party warrants that it has a valid registration with the Information Commissioner’s Office which, by the time exchange of any Shared Personal Data is expected to commence, covers the intended data sharing pursuant to this Agreement, unless an exemption applies.
5.9 Each party warrants and undertakes that it will:
5.9.1 process any Shared Personal Data in compliance with all applicable Laws, enactments, regulations, orders, standards and other similar instruments that apply to its Personal Data processing operations;
5.9.2 make available upon request to data subjects who are third party beneficiaries a copy of this Agreement, unless the clause contains confidential information;
5.9.3 respond within ten working days and as far as reasonably possible to enquiries from the relevant data protection authority in relation to the Shared Personal Data;
5.9.4 respond to Subject Access Requests in accordance with the privacy and data protection laws;
5.9.5 where applicable, maintain registration with all relevant data protection authorities to process all Shared Personal Data for the Agreed Purpose
5.10 NGA will securely process data throughout the term of the agreement.