The eLearning Group Hosting Service Agreement

1. About this Agreement

1.1 This Hosting Service Agreement (this “Agreement”) is between The eLearning Group Ltd, a company registered in England and Wales with company number 14416094 whose address is 4a Evolution, Wynyard Avenue, Wynyard, TS22 5TB (“we”, “us”, “the Company”), and the customer who accepts it when subscribing to course hosting (“you”, “the Customer”).

1.2 This Agreement sets out the terms specific to your hosting subscription. It works alongside our Terms and Conditions, Data Processing Agreement and Privacy Policy, which are published on our website and form part of your agreement with us. Capitalised terms which are not defined here have the meaning given in the Terms and Conditions.

1.3 This Agreement is accepted electronically when you tick the acceptance box at sign-up. No signature is required. We record the date and time of acceptance, the IP address from which it was given, and the version of each document accepted, and we email you a copy.

2. Your subscription

2.1 The following details are selected by you at sign-up, recorded against your account, and form part of this Agreement. They are confirmed in the email we send you when you subscribe.

2.2 The subscription fee and transaction fee that apply to you are determined by the tier and billing cycle you select. The current rates are:

All fees are exclusive of VAT, which is added at the prevailing rate. Fees and transaction fees are governed by sections 3 and 4 of the Terms and Conditions, including how and when they may change.

3. What we provide

3.1 We will provide the hosting tier you have selected, as described in the table below, using reasonable skill and care. We provide support during our normal business hours, Monday to Friday, 9am to 5pm, excluding public holidays, unless we agree otherwise with you in writing.

3.2 Hands-on help does not include the creation of bespoke SCORM course files. That is a separate chargeable eLearning Design service, available by written agreement. Where we have separately designed SCORM files for you and you have paid for them, we may host them under your hosting tier.

3.3 The learning management system is operated by a third party. Section 6 of the Terms and Conditions sets out what this means for availability and support.

4. How this Agreement fits with our other documents

4.1 If there is any conflict between the documents that make up your agreement with us, they take precedence in this order:

a) this Agreement;

b) any Proposal we have issued to you;

c) the Data Processing Agreement, in relation to Learner Data; and

d) the Terms and Conditions.

4.2 This order of precedence does not override any right you have as a consumer that cannot lawfully be excluded or restricted.

5. Start, renewal and cancellation

5.1 This Agreement starts on the date you accept it and continues for the billing cycle you selected, renewing automatically each month, or for successive 12-month terms, until it is cancelled.

5.2 Either you or we may cancel on not less than 30 days’ written notice, in accordance with section 14 of the Terms and Conditions. Where you are on an annual term, cancellation takes effect at the end of your current 12-month term.

5.3 Except where the law requires otherwise, or where section 9 applies to you, subscription fees already paid for a current term are not refunded on cancellation.

5.4 Section 14 of the Terms and Conditions also sets out what happens to your data and course materials when this Agreement ends, including the offboarding support we provide and the period for which we retain your data.

6. Fees and payment

6.1 You will pay the subscription fee for the tier and billing cycle you selected, plus VAT, together with transaction fees on course sales, in accordance with sections 3 and 4 of the Terms and Conditions.

6.2 Recurring subscription payments are collected by card or another recurring payment method we reasonably specify, which may include a third-party payment provider such as Stripe. You are responsible for keeping your payment details up to date.

7. Selling courses and how you are paid

7.1 When a learner buys one of your courses, payment is collected into our Stripe account. We act as merchant of record for that sale, which means the contract for the purchase is between us and the learner.

7.2 Your share of the sale, being the net sale price less the applicable transaction fee, is transferred automatically to your own connected Stripe account when the order completes. Transfers are made by Stripe, and we are not responsible for delays, holds or reserves applied by Stripe or arising from the status of your account.

7.3 You must open and maintain a Stripe account connected to our platform, in good standing, and meet Stripe’s identity and verification requirements. We may suspend sales of your courses while you do not have a valid connected account.

7.4 You must be established in the United Kingdom, the European Economic Area, Switzerland, the United States or Canada. Stripe cannot transfer funds outside those territories. You must tell us promptly if this ceases to be the case, and we may suspend sales or end the affected services if it does.

7.5 If we refund a learner, a proportional reversal of the corresponding transfer to you is created automatically, so you should keep a sufficient balance in your connected Stripe account. If a reversal fails, or if we incur a chargeback on one of your courses, we may recover the amount from you by setting it off against future course revenue or, if that is not possible, by invoice. Section 7 of the Terms and Conditions sets this out in full, including the notice we give you and the protection where you dispute an amount in good faith.

7.6 You remain responsible for your own tax, accounting and reporting obligations on your course income.

8. Data protection

8.1 Personal data relating to your learners which you upload to, or which is generated within, the learning management system is controlled by you. We process it on your behalf, as your processor, in order to provide the services.

8.2 That processing is governed by our Data Processing Agreement, which you accept at sign-up and which forms part of your agreement with us.

8.3 You confirm that you have a lawful basis for providing that data to us, and that you will give your learners the privacy information the law requires.

8.4 Our Privacy Policy explains how we handle personal data where we are the controller, including your own account data.

9. If you are a consumer

9.1 This section applies only if you are a consumer, meaning an individual acting wholly or mainly outside your trade, business, craft or profession. It does not apply to business customers.

9.2 You have the right to cancel this Agreement within 14 days without giving a reason. The cancellation period ends 14 days after the day this Agreement is entered into. To cancel, tell us clearly by email to [insert role-based address, e.g. [email protected]] or by post to the address at the top of this Agreement. We will refund any payment received without undue delay and within 14 days.

9.3 If you ask us to begin providing the services during that 14-day period, you agree that if you then cancel you will pay a proportionate amount for the services provided up to the point you told us, and that you lose the right to cancel once the services have been fully performed within that period.

9.4 This does not affect your statutory rights under the Consumer Rights Act 2015 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or your rights under section 15 of the Terms and Conditions.

10. Changes to this Agreement

10.1 We may update this Agreement from time to time. Each version has a version number and an effective date, and the current version is published on our website.

10.2 Where a change is not material, we will publish the updated version and it will take effect on publication. Where a change is material, we will give you not less than 30 days’ written notice and ask you to accept the updated version, and the version you previously accepted will continue to apply until you do. If you do not wish to accept a material change, you may cancel the affected services without charge before it takes effect. Section 16 of the Terms and Conditions sets this out in full.

11. Governing law

11.1 This Agreement is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction, subject to any protection available to you as a consumer under the law of the part of the United Kingdom in which you live.

Version history