Referral Terms & Conditions

Between
You the “Referring Organisation”
And
Advanced Personnel Management Group (UK) Ltd “APM”
Each a “Party” and together the “Parties”
Interpretation:
  1. References to statutory provisions include all modifications, re-enactments and all subordinate legislation made to or under the relevant statute.
  2. References to clauses are references to clauses of these Terms and references to this these Terms.
  3. The words “include”, “includes” and “including” are to be construed as if they were immediately followed by the words “without limitation”
  4. words importing the singular shall also where the context allows include the plural
  5. Headings are included in these terms for ease of reference only
 
Definitions:
“Company Details” means the Referring Organisation’s: Name, Address, Postcode, Email, Phone Number, Web address, Organisation Type, Referee Name, referee Phone Number, referee Email Address and any other information reasonably required by APM and communicated to the Referring Organisation from time to time
“Eligibility Criteria” means the criteria set out at clauses 6 – 10 of this agreement and “Eligible” and “Eligibility” shall be construed accordingly
“Referral” means process through which the Referring Organisation refers an Eligible Young Person to APM in accordance with clause 12 (Referral Criteria) and Clauses 6 to 10 (Eligibility Criteria) and Referred shall be construed accordingly
“Referral Payment” means the payment of £25 inclusive of any VAT applicable from APM to the Referring Organisation upon receipt of a Valid Invoice produced by the Referring Organisation in response to a Successful Referral Notification
“Referral Scheme” means the scheme governed by these terms and managed by APM 
“Services” means APM’s ESFA ESF NEETS Contact
“Start” means that a Young Person has started in Regulated and/or Non-Regulated Learning with APM as defined by the ESF Funding Rules
“Successful Referral Notification” means the notification email sent by APM to the Referring Organisation in line with Clause 13 containing the information required by the Referring Organisation to create a Valid Invoice 
“Valid Invoice” means an invoice submitted by the Referring Organisation to APM in response to a Successful Referral Notification in accordance with Clause 14
“Young People” means the people Referred to APM by the Referring Organisation and who will meet the specific requirements laid out in clauses 6-10 and “Young Person” shall be construed accordingly
The Eligibility Criteria:
  1. The Referring Organisation agrees and understands that it must adhere to the Eligibility Criteria and the Referral Criteria at clause 6 to 10 for all Referrals to APM and that no payment will be made under the Referral Scheme by APM for any referral that APM decides in its sole discretion does not meet the Eligibility Criteria ( an “Unqualifying Referral”).   Acceptance of the terms and conditions are a condition of the Referral Scheme and these terms are deemed accepted upon the first Referral by the Referring Organisation
7.       The Referring Organisation understands and accepts that delivery of the Services to Referred Young People by APM is subject to geographical constraints. The Services will be delivered in APM training centres based in the Staffordshire area.
8.       Subject to these Terms and Conditions APM’s decision will be final with regard to the Eligibility of a referred young person and eligibility for any Referral Payment and no correspondence will be entered into once a decision is reached.
9.       Full and accurate Company Details must be provided via the Referral to be Eligible to take part in the Referral Scheme
10.     In order to be considered Eligible, Young People being Referred must be:
           a) Aged 16-18 years old (on the day they Start the Services) or;
b) Aged 20-24 years old (on the day they Start the Services) if the young person has a registered physical disability, mental health issue or learning disability or;
           c) Aged 20 years old (on the day they Start the Services) and in care or a care leaver
           d) NEET or At Risk of Becoming NEET as defined by ESFA Funding Rules
11.     Subject to the Eligibility Criteria in clauses 6 to 10 there is no limit to how many Young People can be Referred to the Services however, APM reserve the right to cease accepting Referrals from any Referring Organisation under the Referral Scheme at any time without the need to give a reason
 
The Referral Criteria:
12.     Referrals shall be made by the Referring Organisation to APM via:
           a) telephone on 0330 414 2525; or the APM website at: https://www.apm-uk.co.uk/nf-referrals; and
           b) providing the Eligible Young Person’s: Full Name; Address; and Contact details
following receipt of the Referral of a Young Person by the Referring Organisation, the details in this clause 12 shall be logged and distributed to an APM employment coach at the Young Person’s nearest APM office. The APM employment coach will then contact the Young Person to arrange a 1:1 Appointment.
 
Payment:
13.     For every Referred Young Person that successfully Starts and completes day one of the Services, the Referring Organisation will receive a Successful Referral Notification email from APM which shall include:
           a) a list of any Young People referred by the Referring organisation for which the Referring Organisation qualify to receive the Referral Payment; and/or
           b) a list of any Unqualifying Referral made by the Referring Organisation for which APM will provide a reason why the referral is an Unqualifying Referral; and
           c) any reference numbers or other information to be included on a Valid Invoice
14.     Upon receiving the Successful Referral Notification, the Referring Organisation will provide APM with a Valid Invoice           for the Referral Payment. In order for an invoice to be considered a Valid Invoice it must include:
           a) Referring Organisation’s Company Details;
b) breakdown of the amount being invoiced by Young Person’s name in line with the information stated in the Successful Referral Notification
           c) the total agreed payment;
           d) the Referring Organisation’s bank details*;
           e) any reference numbers stated by APM in the Successful Referral Notification for verification by APM
15.     Invoices must be submitted to APM via one of the following methods:
           a) email to finance@apm-uk.co.uk; or
           b) post to: Finance Department, APM, 40 Newtown Shopping Centre, Newtown, Birmingham, B19 2SS
16.     For the avoidance of doubt a separate invoice must be submitted for each Successful Referral Notification received but Successful Referral Notifications may contain more than one Referral.
 
Use of Information:
17.   Data collected by APM will be used only for the purposes of administration of the Services and the Referral Scheme and always in line with the Data Protection Act 2018 and any other relevant Data Protection legislation
18.     Referring Organisations agree to receiving future marketing offers which may be beneficial to their business.
19.     No press releases or other publicity releases relating to the Services shall be made by the Referring Organisation without the express consent of APM.
Status and Liability:
20.     APM will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the Referral Scheme except for any liability which cannot be excluded by law (and in which case is limited to the maximum extent allowable by law).
  1.      APM are not responsible or liable whatsoever for any problems or technical malfunctions of any computer, online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any website, or any combination thereof.
  2.      APM reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion if APM is prevented in the performance of any act required hereunder by reason of loss of funding, act of God, fire, flood, or other natural disaster, malicious injury, strikes, lock-outs, or other labour troubles, riots, insurrection, war, technical failure, malfunction or problem or other reason of like nature beyond its reasonable control, including for the avoidance of doubt any circumstance which corrupts the fairness, integrity or proper conduct of the scheme.
Governing Law and Jurisdiction:
  1. These Terms & Conditions shall be construed in accordance with English law and any dispute arising out of these Terms or their subject matter is subject to the exclusive jurisdiction of the English courts.
Contract Rights of Third Parties.
  1.      Except as expressly provided, a person who is not Party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Severability:
25.     If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.
 
*if the Referring Organisation’s bank account name is different to their company name, the Referring Organisation must confirm on their invoice that the bank account is permitted to receive business payments on behalf of the company name stated
 

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