What do these Terms cover?

These Terms apply to services provided by RISE, including:

• school consultancy
• strategic inclusion and SEND consultancy
• Rent-A-SENCO
• psychometric and educational assessments
• assessment reports
• family guidance and support
• educational advocacy
• staff wellbeing development
• training and CPD
• online staff workshops
• digital resources
• bespoke consultancy and resources
• other educational consultancy services agreed with the Client.

The exact services, deliverables, fees and timescales will depend on the service purchased or commissioned and may be set out in a quotation, proposal, Booking Confirmation, service agreement, statement of work or other written agreement.

Where a specific written agreement conflicts with these website Terms, the specific agreement will take priority for that particular engagement.

Who is RISE?

RISE Inclusion & Wellbeing is the trading name of RISE Educators Ltd.

Company number: [INSERT]
Registered office: [INSERT]
Email: [INSERT]
Website: [INSERT]

RISE may deliver services directly or through appropriately qualified associates or other professional service providers.

What do some of the terms in these Terms mean?

"RISE", "we", "us" or "our" means RISE Inclusion & Wellbeing and RISE Educators Ltd.

"Client", "you" or "your" means the individual, parent, carer, school, organisation or other person purchasing or commissioning a service.

"Consumer" means an individual acting for purposes wholly or mainly outside that individual's trade, business, craft or profession.

"School Client" means a school, academy, trust, educational establishment or other organisation commissioning services from RISE.

"Services" means the services agreed between RISE and the Client.

"Assessment" means an educational, psychometric, attainment, screening or other assessment provided by RISE.

"Report" means any written professional report, assessment report, summary or other written deliverable prepared by RISE.

"Digital Resources" means downloadable or electronically supplied resources, materials, templates, guides, worksheets, programmes or other digital content supplied by RISE.

"Confidential Information" means information disclosed to RISE or by RISE that is confidential by its nature or is reasonably understood to be confidential.

"Booking Confirmation" means RISE's written confirmation that a booking or service has been accepted.

When does a contract with RISE begin?

A contract is formed when RISE accepts the Client's booking, order or instruction and issues a Booking Confirmation or otherwise confirms in writing that RISE will provide the relevant service.

An enquiry, initial telephone call, discovery call, email conversation or website submission does not, by itself, create an obligation for RISE to provide services.

RISE may decline a booking or proposed engagement before a contract is formed.

For services requiring additional documentation, the contract may also be conditional upon receipt of the required information, consent forms, service agreement, purchase order, deposit or other requirements.

Are there additional requirements for assessments?

Yes. Before an assessment can normally take place, RISE may require:

• a completed pre-assessment questionnaire
• appropriate parent or guardian consent where required
• relevant educational or assessment information
• confirmation of the assessment purpose
• payment or deposit
• any other information reasonably required to conduct the assessment appropriately.

The Client's completion of the relevant documentation confirms that they understand the stated purpose and limitations of the assessment.

RISE may postpone or decline an assessment where the information required to conduct it safely, appropriately or validly has not been provided.

Are Rent-A-SENCO services subject to a separate agreement?

Yes. Rent-A-SENCO services will normally be governed by a specific service agreement setting out matters such as:

• scope of support
• agreed hours
• frequency of support
• delivery arrangements
• fees
• minimum term, where applicable
• notice arrangements
• school responsibilities
• access to systems
• data protection
• safeguarding
• any specific deliverables.

These website Terms apply alongside that agreement.

How are fees confirmed?

Fees will be confirmed before the relevant service is purchased or commissioned.

The price may be provided through the website, booking system, quotation, proposal, Booking Confirmation, service agreement, invoice or other written communication.

Unless otherwise stated, prices are exclusive of VAT where VAT is applicable.

When do I have to pay?

Payment arrangements depend on the service.

One-off consultations and individual services: Payment may be required at the time of booking or before the service is delivered.

Assessments: An assessment may require a deposit or payment in advance, with any remaining balance payable in accordance with the Booking Confirmation.

Rent-A-SENCO and ongoing consultancy: Ongoing services will normally be invoiced monthly in advance or in accordance with the relevant service agreement.

School consultancy: School Clients will normally be invoiced in accordance with the agreed payment terms. Unless otherwise agreed, invoices are payable within 30 days.

The specific payment terms stated in the relevant quotation, invoice or service agreement will apply.

What happens if payment is overdue?

If payment is overdue, RISE may:

• contact the Client regarding the outstanding amount
• suspend further services following reasonable notice
• decline to commence additional work
• require outstanding sums to be paid before services resume
• recover interest or reasonable recovery costs where permitted by law.

For applicable business-to-business debts, RISE reserves the right to rely on statutory rights relating to late payment.

Can RISE change its prices?

Prices for a service already purchased will not be changed retrospectively.

For ongoing services, RISE may review fees for future periods where this is provided for in the relevant agreement or reasonable notice is provided.

Any material contractual change will be communicated in accordance with the applicable agreement.

What is RISE's cancellation policy?

Unless a different cancellation policy is stated for the particular service, the following general cancellation terms apply to scheduled services:

More than 14 days before the appointment:
A full refund will normally be provided, less any non-recoverable costs reasonably incurred specifically for the booking.

7 to 14 days before the appointment:
50% of the service fee may be retained.

Less than 7 days before the appointment:
The fee may be non-refundable unless RISE is able to fill the appointment or otherwise agrees to a refund.

Non-attendance:
The full fee may remain payable where the Client does not attend or provide sufficient notice.

These terms are subject to any statutory cancellation rights that apply to Consumers.

Where a service has its own cancellation terms, those terms will be stated in the Booking Confirmation or service agreement.

Can I rearrange an appointment?

Where reasonably possible, RISE will try to accommodate a request to rearrange an appointment.

Repeated rearrangements, late cancellations or non-attendance may result in a cancellation charge or the need to make a new booking.

For assessments, additional conditions may apply because the assessment slot may involve specialist equipment, assessment licences, assessor availability and preparation.

What happens if a child is unwell before an assessment?

If a learner is significantly unwell or otherwise not in a suitable condition to participate, RISE may recommend that the assessment is rearranged.

This is because illness, fatigue, distress or other circumstances may affect the learner's engagement and potentially the validity or interpretability of assessment results.

Where an assessment is cancelled or rearranged with less than 48 hours' notice, the applicable cancellation charge may apply unless RISE agrees otherwise.

RISE will take reasonable circumstances into account.

Do consumers have a statutory right to cancel?

Where a Consumer enters into a distance or off-premises contract to which the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, the Consumer will generally have a statutory 14-day cancellation period.

This statutory right applies independently of any additional cancellation policy offered by RISE.

There are circumstances in which the statutory cancellation right may be affected, including where the Consumer expressly asks RISE to begin providing a service during the cancellation period and the statutory requirements have been satisfied.

Where the service has been fully performed following the required express request and acknowledgement, the statutory right to cancel may end.

Nothing in these Terms is intended to remove or restrict statutory consumer rights.

What if I ask RISE to start a service before the 14-day cancellation period ends?

If you are a Consumer and ask RISE to begin providing a service before the end of the applicable cancellation period, RISE may require you to expressly request this.

If you subsequently cancel during the applicable cancellation period, you may be required to pay for the proportion of the service already supplied, where permitted by law.

Where the service has been fully performed following the required express request and acknowledgement, the statutory right to cancel may end.

What does school consultancy include?

School consultancy may include:

• strategic SEND and inclusion reviews
• audits
• systems development
• policy and documentation support
• case consultation
• leadership advice
• staff consultation
• parent consultation
• provision mapping
• EHCP-related support
• training
• wellbeing consultancy
• strategic planning
• professional challenge
• other agreed consultancy activity.

The precise scope will be agreed with the School Client.

What remains the school's responsibility?

RISE provides professional consultancy and additional expertise.

The School Client remains responsible for its own:

• statutory duties
• governance
• safeguarding arrangements
• policies and procedures
• employment responsibilities
• operational decisions
• implementation of recommendations
• communication with parents and other stakeholders
• compliance with applicable law and regulation.

RISE does not assume the school's legal or statutory responsibilities simply because it has been commissioned to provide consultancy.

Does RISE guarantee a particular outcome?

No. RISE will provide services with reasonable care and skill and will make professional recommendations based on the information available and the agreed purpose of the engagement.

RISE cannot guarantee:

• a particular Ofsted outcome
• an EHCP outcome
• local authority decisions
• examination access arrangements
• funding decisions
• school admissions decisions
• clinical or diagnostic outcomes
• examination results
• any decision made by a third party.

What must a school provide to RISE?

The School Client must provide information, cooperation and access reasonably required to deliver the agreed services.

This may include:

• relevant policies
• SEND documentation
• pupil information
• access to appropriate school systems
• relevant staff
• safeguarding information
• previous reports
• secure document-sharing arrangements
• suitable premises where RISE is working on site.

The school is responsible for ensuring that the information it provides is reasonably accurate and complete.

What is Rent-A-SENCO?

Rent-A-SENCO provides flexible specialist SEND and inclusion support to schools.

Depending on the agreed package, this may include:

• interim SEND leadership
• SEND casework
• EHCP support
• provision mapping
• SEND systems
• documentation
• staff consultation
• parent consultation
• strategic development
• professional challenge
• SEND reviews
• remote support
• in-person support.

The exact scope will be set out in the Rent-A-SENCO agreement.

How is Rent-A-SENCO purchased?

Rent-A-SENCO is provided on a minimum one-month basis. The School Client purchases an agreed number of hours for that month, as set out in the relevant service agreement.

The hours purchased are available for use during the relevant monthly service period. Unused hours do not automatically roll over into a subsequent month unless this has been expressly agreed in writing.

The agreed monthly hours are reserved for the School Client and form part of the contracted service for that month.

Does Rent-A-SENCO make RISE the school's SENCO in law?

The service provides specialist SENCO and SEND support, but the School Client remains responsible for ensuring that its arrangements comply with all applicable statutory and regulatory requirements.

RISE does not accept transfer of the school's overall legal, governance or statutory accountability merely because RISE is providing SENCO support.

The school must ensure that its leadership and governance arrangements are appropriate to its legal and regulatory obligations.

Is Rent-A-SENCO an employment arrangement?

No. RISE and any associates engaged by RISE provide services as independent professional service providers.

Nothing in the Rent-A-SENCO arrangement is intended to create an employment relationship between the School Client and RISE or between the School Client and a RISE associate.

Who provides Rent-A-SENCO services?

RISE may provide services directly or through appropriately qualified associates.

RISE will ensure that individuals assigned to provide services meet the qualification, safeguarding and vetting requirements appropriate to their role.

Where appropriate, evidence of relevant qualifications or safeguarding checks may be made available to the School Client on request.

The School Client remains responsible for its own employment and safeguarding records, including any requirements relating to its Single Central Record.

What does the school need to provide?

The School Client must provide an appropriate working environment where services are delivered on site.

This may include:

• suitable confidential workspace
• appropriate IT access
• access to relevant school systems
• safeguarding induction
• relevant policies and procedures
• appropriate staff contacts
• secure access to necessary documentation.

The school must ensure that any access provided is appropriate to the agreed role.

What happens if a school wants to end Rent-A-SENCO?

The specific notice arrangements will be set out in the Rent-A-SENCO service agreement.

Unless otherwise agreed, the minimum service period is one calendar month. The School Client purchases the agreed number of hours for that month.

Any termination or notice requirements applying after the initial month will be confirmed in the relevant service agreement.

What assessment services does RISE provide?

RISE may provide educational and psychometric assessments including, depending on the agreed purpose:

• learning profile screening
• standardised attainment assessment
• reading assessment
• writing assessment
• spelling assessment
• processing assessment
• memory and retrieval assessment
• other standardised educational measures.

Assessment batteries will be selected according to the learner, the purpose of the assessment and the requirements of the relevant assessment tools.

Which assessment tools may RISE use?

RISE may use recognised, standardised assessment tools appropriate to the agreed purpose of the assessment. Current assessment tools may include:

• LUCID
• EXACT
• DASH 2
• TOMAL
• Woodcock-Johnson Achievement Battery
• GL Dyslexia Screener
• GL Dyscalculia Screener
• SWIFT
• Conners 4th Edition

RISE may introduce, remove or update assessment tools as appropriate to the services offered and the professional requirements of the assessment.

The particular assessment battery used will be selected according to the learner, the agreed purpose of the assessment and the professional judgement of the assessor.

What do RISE assessments not provide?

Unless expressly stated otherwise in writing, RISE assessments do not constitute:

• a clinical diagnosis
• a medical diagnosis
• a psychiatric assessment
• an Educational Psychology assessment
• a diagnosis of dyslexia
• a diagnosis of dyspraxia
• a diagnosis of dyscalculia
• a diagnosis of ADHD
• a diagnosis of autism
• a determination of EHCP entitlement
• a guarantee of Exam Access Arrangements
• a determination of legal entitlement to educational provision.

An assessment may identify patterns or areas of difficulty that are consistent with a particular learning need. This does not, by itself, constitute a formal diagnosis.

Where further specialist assessment is appropriate, RISE may recommend that the family or school seeks advice from an appropriately qualified professional.

Who conducts the assessments?

Assessments will be conducted by RISE or by appropriately qualified and authorised professionals working with RISE.

The person conducting an assessment will have the qualifications, training, experience or licence required for the relevant assessment tool and service.

Where an associate is used, RISE remains responsible for managing the agreed service.

Can assessments be delivered remotely?

Some assessments may be delivered remotely where the assessment publisher permits remote administration and RISE considers remote delivery appropriate.

Remote assessment requires:

• suitable technology
• reliable internet access
• a suitable environment
• appropriate adult support where required
• compliance with any assessment-specific requirements.

RISE may determine that an assessment needs to be completed in person if remote administration would not provide appropriate or valid conditions.

What does the Client need to provide before an assessment?

The Client must provide information reasonably required to conduct the assessment.

This may include:

• pre-assessment questionnaire
• parent or guardian consent
• relevant educational reports
• previous assessment information
• information about learning needs
• relevant school information
• information about language or communication needs
• any other information requested by RISE.

Failure to provide relevant information may affect the assessment or the conclusions that can reasonably be drawn.

Can RISE guarantee Exam Access Arrangements?

No. RISE may provide assessment evidence that is relevant to an application for Exam Access Arrangements where appropriate.

The final decision remains with the relevant school, examination centre and/or awarding organisation and must comply with the requirements applicable at the time.

RISE cannot guarantee that a particular arrangement will be approved.

Can an assessment guarantee a particular educational outcome?

No. Assessment results provide evidence about the learner's performance under the assessment conditions.

They should be considered alongside other relevant information, including educational history, school observations, existing reports and professional judgement.

RISE does not guarantee that a particular intervention, school provision, examination arrangement or other outcome will follow from an assessment.

What happens if a learner cannot complete the assessment?

RISE may pause, modify, rearrange or discontinue an assessment if:

• the learner becomes unwell
• the learner is unable or unwilling to continue
• the assessment environment is unsuitable
• technical problems prevent valid administration
• safeguarding concerns arise
• the assessor considers that valid assessment conditions cannot be maintained.

Where an assessment cannot be completed, RISE may not be able to provide a full report or may explain the limitations of any conclusions that can reasonably be drawn.

When will an assessment report be provided?

RISE aims to provide an assessment report within 10 working days of the assessment.

This is an intended timescale rather than an absolute guarantee.

The timescale may be extended where:

• additional information is required
• clarification is needed
• the assessment is incomplete
• there are circumstances outside RISE's reasonable control
• unusually high demand affects delivery.

Where a material delay is anticipated, RISE will aim to inform the Client.

What does an assessment report contain?

A report will reflect the purpose and scope of the assessment undertaken.

Depending on the assessment, it may include:

• background information
• assessment methodology
• standardised scores
• interpretation
• strengths
• areas of difficulty
• learning implications
• recommendations
• suggested strategies
• considerations for school provision
• recommendations for further professional assessment where appropriate.

Can I ask RISE to change an assessment report?

If a report contains a factual error, RISE will review the information and correct it where appropriate.

A request to change a professional interpretation, conclusion or recommendation because the Client disagrees with the assessor's professional judgement does not automatically mean that the report will be amended.

RISE may review a concern and will consider whether the evidence supports a correction or clarification.

Who owns the assessment data and report?

Assessment scores and factual information relating to a learner form part of the relevant educational and/or assessment record and will be handled in accordance with applicable data protection requirements.

RISE retains intellectual property rights in its written report, professional wording, structure, methodologies, templates and other materials created by RISE, unless otherwise agreed in writing.

The Client receives permission to use the report for the purpose for which it was prepared.

Can an assessment report be shared?

A report may be shared where this is appropriate to the purpose of the assessment and lawful under applicable data protection requirements.

Where the Client is a school, the school remains responsible for determining appropriate and lawful disclosure of pupil information to parents, professionals, local authorities, examination bodies or other third parties.

RISE may advise on the intended use of a report but does not assume the school's legal responsibilities.

What family support does RISE provide?

RISE may provide independent educational guidance and support to families.

This may include:

• understanding assessment information
• understanding educational terminology
• preparing for school meetings
• preparing questions for professionals
• SEND process guidance
• EHCP process guidance
• practical strategies
• school communication support
• educational advocacy
• meeting preparation
• attendance at agreed meetings
• written summaries or action plans where included.

Does RISE provide legal advice?

No. RISE is an educational consultancy and does not provide legal advice or act as a law firm.

RISE may provide educational and procedural guidance based on professional knowledge and experience, including information about educational processes and SEND practice.

Where a matter requires legal advice, legal representation or specialist legal opinion, the Client should obtain advice from an appropriately qualified solicitor or other regulated legal professional.

Can RISE attend meetings with a family?

Where agreed as part of the service, RISE may attend school, SEND or other educational meetings as an advocate and professional supporter.

RISE can help the family understand information, prepare questions, communicate their concerns and keep discussions focused.

RISE cannot compel a school, local authority, examination board or other organisation to take a particular action.

Does RISE guarantee an EHCP or other educational outcome?

No. RISE may support a family in understanding processes, preparing information and communicating with relevant professionals.

RISE cannot guarantee:

• an EHCP
• a particular level of provision
• a particular school placement
• local authority agreement
• funding
• a particular examination arrangement
• any other decision controlled by a third party.

What applies to RISE training and CPD?

Training and CPD will be delivered according to the agreed programme, format, duration and participant numbers.

Training may be delivered:

• online
• in person
• as a one-off workshop
• as a programme
• as bespoke training
• as staff CPD
• through other agreed formats.

What happens with bespoke training materials?

Where RISE creates bespoke training materials specifically for a School Client, the underlying intellectual property remains with RISE unless otherwise agreed in writing.

The School Client receives a licence to use the agreed materials internally for the purposes for which they were commissioned.

The materials must not be:

• resold
• distributed commercially
• provided to third parties
• adapted for external delivery
• used to deliver the same training commercially
• presented as the School Client's own intellectual property

without RISE's written permission.

What about standard RISE training programmes?

For standard RISE programmes, the School Client may use materials internally for the agreed training purpose.

Handouts may normally be provided to staff attending the session.

The underlying programme, presentation, written content, frameworks, activities and methodologies remain the intellectual property of RISE.

Can training be recorded?

Training sessions must not be audio-recorded, video-recorded, screen-recorded or otherwise reproduced without RISE's prior written permission.

This includes recording through third-party meeting platforms.

Screenshots or redistribution of training materials must not be used to recreate or redistribute the programme without permission.

What happens if more staff attend training than agreed?

Training fees are based on the participant numbers agreed at the time of booking.

The School Client should provide final participant numbers where requested, normally no later than five working days before the session.

Where substantially more participants attend than agreed, RISE may charge an additional participant fee where this has been communicated in advance or is provided for in the booking terms.

What applies to RISE digital resources?

Digital Resources may include:

• worksheets
• templates
• guides
• training resources
• staff materials
• educational resources
• downloadable documents
• programmes
• other digital content.

Digital Resources will be supplied electronically using the method stated at the time of purchase.

Can I share or resell RISE resources?

Unless expressly stated otherwise, Digital Resources are licensed for the purchaser's own use or the agreed internal use of the commissioning school.

They must not be:

• resold
• sublicensed
• uploaded to public websites
• shared outside the agreed organisation
• reproduced commercially
• distributed to third parties
• altered and sold as a new resource
• represented as the purchaser's own intellectual property.

Any wider licence must be agreed in writing.

What happens with digital content and cancellation rights?

Where a Consumer purchases digital content, statutory cancellation rights will apply where required.

If the Consumer asks RISE to supply digital content during the statutory cancellation period, RISE may obtain the required express consent and acknowledgement that the right to cancel will be lost once supply begins, where applicable.

The Consumer will not lose statutory rights merely because they have purchased digital content unless the legal requirements for doing so have been satisfied.

What if a digital resource is faulty?

If a Digital Resource does not conform to the contract or cannot reasonably be accessed because of a fault attributable to RISE, RISE will take reasonable steps to correct the issue or provide an appropriate remedy in accordance with applicable law.

Who owns RISE's intellectual property?

Unless otherwise agreed in writing, RISE retains ownership of its intellectual property, including:

• methodologies
• frameworks
• templates
• training materials
• presentations
• written resources
• website content
• assessment report structure and wording
• worksheets
• programmes
• activities
• consultancy materials
• other materials created or owned by RISE.

Purchasing a service does not transfer ownership of RISE's underlying intellectual property.

What licence does a Client receive?

The Client receives a non-exclusive right to use materials supplied as part of a service for the purpose for which they were provided.

School Clients may use agreed materials internally for their own educational and operational purposes.

Any wider commercial, external or third-party use requires RISE's written permission.

How does RISE handle confidential information?

RISE understands that its work may involve confidential information relating to:

• children
• young people
• families
• school staff
• schools
• educational records
• assessments
• SEND information
• safeguarding matters
• business information.

RISE will treat confidential information appropriately and will only use or disclose it where reasonably required for the service, permitted by the relevant agreement, required by law, necessary for safeguarding, or otherwise permitted by applicable data protection law.

Is RISE always a data processor for schools?

No. The respective roles of RISE and the School Client depend on the actual processing activity.

Where RISE processes personal data solely on behalf of a School Client and under the School Client's documented instructions, RISE may act as a processor.

Where RISE determines the purposes and means of processing for its own purposes, RISE may act as a controller.

The parties will determine their roles according to the actual processing taking place rather than simply by reference to terminology used in a contract.

Will there be a Data Processing Agreement?

Where RISE acts as a processor for a School Client, an appropriate written Data Processing Agreement will be put in place.

The Data Processing Agreement will sit alongside these Terms and will contain the detailed processing arrangements.

How should schools send sensitive information?

Sensitive pupil, staff and family information should be shared using secure, approved systems wherever reasonably possible.

Schools should not routinely send detailed sensitive pupil information through ordinary unsecured email where a secure alternative is available.

RISE may provide or agree an appropriate secure document-sharing or system-access arrangement.

What happens if there is a safeguarding concern?

Safeguarding takes priority where information indicates that a child or vulnerable person may be at risk of harm.

When working within a school, RISE will normally follow the school's safeguarding procedures and reporting routes.

RISE may share information with appropriate safeguarding professionals, authorities or other persons where required or permitted by law.

Confidentiality does not prevent RISE from making a necessary safeguarding disclosure.

How long does confidentiality continue?

Confidentiality obligations continue after a service ends where the information remains confidential.

Nothing in these Terms limits RISE's obligations under applicable data protection, safeguarding or other legal requirements.

Can RISE use a school as a case study?

RISE will not identify a School Client publicly by name as a client or case study without the school's prior written permission.

RISE will not identify individual children or families in public-facing marketing materials.

Any case study, testimonial or named reference will be subject to the appropriate consent or permission.

Can RISE use associates or other professionals?

Yes. RISE may engage appropriately qualified associates, contractors, technology providers or other professional service providers where reasonably required to deliver its services.

RISE will take reasonable steps to ensure that individuals involved in the delivery of services are appropriately qualified and suitable for their role.

Where a third party processes personal data on behalf of RISE or a School Client, appropriate data protection arrangements will apply.

What does the Client agree to do?

The Client agrees to:

• provide accurate and reasonably complete information
• provide information reasonably required for the service
• provide appropriate access where necessary
• attend appointments on time
• follow reasonable instructions relating to assessments
• provide suitable technology for remote services
• provide appropriate working conditions for on-site services
• pay fees when due
• treat RISE staff and associates respectfully
• comply with reasonable safeguarding and security requirements.

What happens if information provided to RISE is inaccurate?

RISE relies on information supplied by the Client, parent, carer, school or other authorised person.

Where information is materially inaccurate, incomplete or withheld, this may affect:

• assessment results
• professional recommendations
• reports
• consultancy advice
• strategic recommendations
• other services.

RISE is not responsible for consequences arising directly from materially inaccurate or incomplete information supplied by the Client, except where applicable law provides otherwise.

Can RISE stop providing a service?

RISE may suspend, refuse or terminate a service where there is a reasonable professional, safeguarding, legal, ethical, safety or practical reason.

This may include:

• abusive or threatening behaviour
• unsafe working conditions
• unlawful instructions
• safeguarding concerns
• failure to provide essential information
• serious or persistent non-payment
• inappropriate use of RISE materials
• circumstances where RISE cannot reasonably provide the service safely or professionally.

Where appropriate, RISE will explain the reason and discuss reasonable next steps.

What standard of service will RISE provide?

RISE will provide services with reasonable care and skill and in accordance with the agreed scope.

Professional recommendations will be based on:

• the information available to RISE
• the agreed purpose of the service
• relevant professional knowledge
• the assessment or consultancy process undertaken.

What is RISE not responsible for?

Unless expressly agreed otherwise, RISE is not responsible for:

• decisions made by schools
• decisions made by governing bodies or trusts
• decisions made by examination boards
• decisions made by local authorities
• clinical or medical decisions
• decisions made by healthcare professionals
• actions of third-party professionals
• inaccurate information supplied by the Client
• third-party technology failures
• outcomes dependent on factors outside RISE's reasonable control.

What is RISE's responsibility for assessment reports?

RISE is responsible for carrying out assessments with reasonable care and skill and for preparing reports based on the assessment undertaken.

RISE is not responsible for decisions subsequently made by a school, local authority, examination board, healthcare professional or other third party based on the report.

RISE does not guarantee any particular outcome from the use of assessment evidence.

Does RISE exclude liability for everything?

No. Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

This includes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, and any statutory rights or liabilities that cannot lawfully be excluded.

For Consumers, nothing in these Terms limits statutory rights or protections that cannot lawfully be excluded or restricted.

Is there a liability cap for School Clients?

Subject to liabilities that cannot legally be excluded or limited, RISE's total aggregate liability arising from a particular School Client engagement will not exceed the total fees paid or payable to RISE under that engagement during the 12 months preceding the event giving rise to the claim, unless a different limit is expressly agreed in writing.

To the fullest extent permitted by law, RISE will not be liable to a School Client for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity or reputational loss.

This provision applies only to the extent permitted by applicable law.

What about Consumer Clients?

Nothing in these Terms is intended to restrict a Consumer's statutory rights.

In particular, RISE does not exclude liability for services that are required by law to be provided with reasonable care and skill or for other liabilities that cannot lawfully be excluded.

Any limitation applying to Consumer services will be interpreted subject to applicable consumer protection law and only to the extent that it is fair and lawful.

Can a Client be responsible for losses caused by its own breach?

For School Clients and other business clients, the Client may be responsible for reasonable losses, costs or claims suffered by RISE as a direct result of:

• a material breach of the agreement
• knowingly providing materially false or misleading information
• unlawful instructions
• misuse of RISE's intellectual property
• unauthorised commercial use or redistribution of RISE materials
• unauthorised alteration or misuse of RISE reports.

Any such provision will be subject to applicable law and will not apply in a way that unfairly restricts a Consumer's statutory rights.

What happens if something outside RISE's control affects the service?

RISE will not be responsible for delay or failure caused by circumstances reasonably outside its control.

This may include:

• serious illness
• technical failure
• internet or platform outages
• cyber incidents affecting third-party providers
• natural disasters
• extreme weather
• government restrictions
• transport disruption
• industrial action
• widespread service outages
• other events that could not reasonably have been prevented.

RISE will take reasonable steps to communicate with the Client and, where practical, rearrange or otherwise complete the affected service.

What should I do if I am unhappy with a service?

RISE wants concerns to be raised as soon as possible so that there is an opportunity to investigate and resolve them.

Complaints should be sent to:

[INSERT COMPLAINTS EMAIL]

Please include:

• your name
• the service involved
• the date of the service
• the nature of your concern
• any relevant supporting information
• the outcome you are seeking.

RISE will review the complaint and respond within a reasonable period.

Nothing in this process limits any statutory rights available to the Client.

Will RISE consider mediation?

For School Clients and other business clients, the parties will consider resolving a dispute through good-faith discussion and, where appropriate, mediation before commencing court proceedings.

This does not prevent either party from taking urgent legal action where necessary to protect its rights or where a limitation period or other legal consideration requires proceedings to be commenced.

Can either party end an ongoing service?

The termination arrangements for ongoing services will normally be set out in the relevant service agreement.

Where no specific termination arrangement has been agreed, either party may seek to terminate an ongoing arrangement by giving reasonable written notice.

RISE may terminate or suspend services immediately where there is a serious safeguarding, legal, safety or professional reason to do so.

Any payment or refund consequences will depend on the relevant agreement and applicable law.

What happens when a service ends?

On termination:

• outstanding fees become payable in accordance with the agreement
• access to RISE systems or resources may cease
• confidential information must continue to be handled appropriately
• intellectual property rights continue
• data will be handled in accordance with the Privacy Policy and any applicable Data Processing Agreement
• provisions intended to survive termination will continue to apply.

Where RISE acts as a processor, personal data will be returned or deleted as required by the applicable Data Processing Agreement, subject to any legal requirement to retain information.

Can I copy material from the RISE website?

Website content is owned by or licensed to RISE.

You may view and use the website for its intended purpose.

You must not reproduce, scrape, republish, sell, distribute or commercially exploit website content without permission, except where permitted by law.

Is all information on the website guaranteed to be current?

RISE aims to keep website information accurate and current.

However, services, assessment tools, availability, pricing and other information may change.

The specific terms confirmed at the time of purchase or engagement will apply to that service.

Can RISE change these Terms?

RISE may update these website Terms to reflect:

• changes to services
• changes to technology
• changes to legal requirements
• changes to business arrangements
• changes required to improve clarity or accuracy.

The version applicable to a particular contract will normally be the version in force when the contract was formed, unless a change is required by law or otherwise agreed.

Material changes to ongoing services will be communicated in accordance with the relevant service agreement.

What happens if part of these Terms is invalid?

If a provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be modified or removed only to the extent necessary.

The remaining provisions will continue to apply.

What happens if RISE does not enforce a term immediately?

If RISE does not immediately enforce a right or provision, this does not mean that RISE has waived that right or provision.

A waiver must be expressly confirmed in writing.

Can someone who is not a client enforce these Terms?

Unless expressly stated otherwise, a person who is not a party to the relevant contract will not have rights to enforce its terms under the Contracts (Rights of Third Parties) Act 1999.

Do these Terms replace everything previously discussed?

For a particular engagement, the contract will generally consist of these Terms together with the relevant:

• Booking Confirmation
• quotation
• proposal
• service agreement
• statement of work
• assessment agreement
• Data Processing Agreement
• other expressly incorporated terms.

These documents should be read together.

Nothing in an entire agreement provision is intended to exclude liability or rights that cannot lawfully be excluded.

Which law applies?

These Terms and any dispute or claim arising from them will be governed by the law of England and Wales, subject to any mandatory consumer protection rights that apply to the Client.

Where a Consumer lives elsewhere in the United Kingdom, nothing in these Terms is intended to remove mandatory rights or protections available under the law applicable to that Consumer.

Which courts can deal with a dispute?

Subject to mandatory consumer rights, the courts of England and Wales will have jurisdiction over disputes arising from these Terms.

Nothing in this provision prevents a Consumer from bringing proceedings in another jurisdiction where they have a mandatory legal right to do so.

Can I use a cancellation form?

Where you are a Consumer and have a statutory right to cancel, you may use the following wording.

You do not have to use this exact form, provided that your communication clearly states that you wish to cancel the contract.

To:
RISE Inclusion & Wellbeing
RISE Educators Ltd
[INSERT ADDRESS]
[INSERT EMAIL]

I hereby give notice that I cancel my contract for the following service:

Service: ______________________________________

Ordered/booked on: ____________________________

Name of Consumer: _____________________________

Address: ______________________________________

Email: ________________________________________

Signature, where applicable: ____________________

Date: _________________________________________