ITCS Terms and Conditions 

 

1. DEFINITIONS

1.1 | The definitions in this clause apply in the Terms and Conditions set out in this document.

“Consumer” means an individual acting outside the course of business.

“Continuous Payment Authority” means your written authority for us to take payments from your bank account or credit card for the purpose of paying the Course Fees.

“Course” means any Course, unit or units of learning you purchase from us.

“Course Fees” means the amount payable by you for the Service.

“Course Materials” means all material provided by us and/or our service providers to you following your Enrolment which shall include but is not limited to: online learning material – including log in passwords; and online mentoring and tutoring.

“Course Provider” refers to one of our service provider companies that provide the ITCareerSwap Course Materials.

“Course Rules” means and shall include any rules, regulations, standards, policies, codes, charters and guidelines prescribed by us and our service providers as in force from time to time.

“Enforce” means the lender resorting to a court of law for an order directing you to pay.

“Enrolment Date” means the date on which we confirm your Enrolment or such other date as determined by us.

“Guarantee” means the written instrument that sets out the terms of an Indemnity.

“Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information – including know how, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Interest Free” means that there is no interest cost for credit provided under a Credit Agreement.

“Learning Pathway” is a personal development plan specific to an individual’s requirements. It maps out the educational steps required to meet specific career goals.

“Lending Partner” means any other lending institution suggested by the ITCareerSwap from time to time.

“Online Learning System” means an internet based system hosted by the ITCareerSwap or any of its service providers, for delivery and management of the Course and the system may include, but is not limited to, online learning material, online mentoring and tutoring and online assessments, and the ITCareerSwap Website.

“Order” means an offer by you to purchase Services in accordance with these Terms.

“Payment Default” means two payments overdue under a Credit Agreement arranged under a credit option to pay for the Course Materials.

“Registration” means your official registration with the ITCareerSwap upon payment.

“Referee” means a person being referred to ITCareerSwap by an existing Student.

“Referrer” means an existing Student referring someone to ITCareerSwap.

“Service” means the provision of the Course by us or any of our service providers to you.

“INFOSEC” means one of the organisations responsible for the delivery and development of the Course Materials.

“Student” means a single user to any of the Online Learning Systems by a unique username and protected by a user defined password.

“Terminate” means, in respect of the subject matter where it is referred to, to foreclose a Credit Agreement and demand full payment of all amounts due under it.

“Terms” means the Terms and Conditions set out in this document.

“The ITCareerSwap” means the CareerPath Ltd company number (13326121) of Mortimer House Chatsworth Parade, Petts Wood, Orpington, Kent, United Kingdom, BR5 1DE.

“The ITCareerSwap Website” means www.ITCareerSwap.com1.2 | References to “we”, “us” and “our” are references to the ITCareerSwap.
1.3 | A reference to “you”, “your” or “yourself” is reference to a person or firm who purchases a Service from the ITCareerSwap.
1.4 | A reference to a clause is to a clause of these Terms.

2. | BASIS OF A SALE

2.1 | These Terms and the Continuous Payment Authority – if applicable – constitute the entire agreement between you and us for the supply of the Service.
Please check that the details in these Terms and your Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.

2.2 | You acknowledge in agreeing to these Terms that you have not relied on any statement, promise, representation, assurance or warranty made or given on behalf of the ITCareerSwap which is not set out in this document.

2.3 | The Order constitutes an offer by you to purchase Services in accordance with these Terms.

2.4 | A quotation shall be valid for a period of 14 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.

2.5 | We have the right to revise and amend these Terms from time to time. You will be subject to any privacy policy in place and the Terms in force at the time that you order the Service from us, unless any change to those policies or these Terms is required by law or government or regulatory authority – in which case, it will apply to orders you have previously placed that we have not yet fulfilled.

2.6 | You confirm that you are solely responsible for ensuring that you possess the necessary skills and experience required to enrol on a specific Course and that you will comply with the Course Rules.

3. ENROLMENT

3.1 | Your Enrolment Date is the date your Online Learning System login details are issued to you.

3.2 | Your Enrolment will be limited to the period specified for your Course or training package, commencing from the Enrolment Date.

3.3 | Extensions to your Enrolment may be considered where a request is made in writing at least 14 days prior to the date on which your Enrolment is due to end.

3.4 | You confirm that you understand any prerequisite skills or experience applicable to your proposed Course and examination. You acknowledge and agree that your Enrolment and continued participation in a Course is subject to you complying and continuing to comply with the Course Rules.

4. | CONSUMER RIGHTS

4.1 | By logging into the Online Learning System you acknowledge receipt of the Service from us.

4.2 | Subject to clause 4.7, you can Terminate your Enrolment within 14 days from your first payment or Registration date, whichever is the earliest.

4.3 | You may cancel your Continuous Payment Authority at any time within 14 days of the date you made your first payment to us. However, if this is after 14 days you are still liable for the outstanding Fee and must find an alternative form of payment.

4.4 | To cancel your Enrolment, as provided for in clause 4.2, you must inform us in writing via
Email:  [email protected] and/or
Post: The ITCareerSwap, Mortimer House, 40 Chatsworth Parade, Petts Wood, Kent, BR5 1DE, United Kingdom.

4.5 | Subject to clause 4.7, if you cancel your Course you will receive a full refund of the Course Fees paid for the Course. We shall make refunds within 30 days of receipt of your written notification.

4.6 | Subject to clause 4.7 and for the avoidance of doubt, if you have logged on to the Online Learning System and downloaded material or completed over three hours of training, as indicated by our records, you will not be able to cancel your Course and to the maximum extent permitted by law, we have no liability to provide you with a refund of the Course Fees paid – in whole or in part.

 4.6.1 |  Subject to clause 4.7 and for the avoidance of doubt, if you have logged on to the Code Institute Online Learning System and completed over 5 hours of training or accessed the designated Mentor service as indicated by our records, you will not be able to cancel your Course and to the maximum extent permitted by law, we have no liability to provide you with a refund of the Course Fees paid – in whole or in part.

5. | DELIVERY OF COURSE MATERIALS

5.1 | We will use our reasonable endeavours to provide login details for the Online Learning System specific to you within five – 5 – business days from the Enrolment Date. We will do this by emailing the login to the email address you provide to us. On receipt of the login, you will be able to access the online Course Materials.

5.2 | We shall use all reasonable endeavours to meet any performance dates agreed but any such dates shall be estimates only and time shall not be of the essence for the performance of any Service.

5.3 | We have the right to make any change to the Service which is necessary to comply with any applicable law or which does not materially affect the nature or quality of the Service.

6. | YOUR OBLIGATIONS

6.1 | You shall:

 6.1.1 | ensure that the terms of the Order are complete and accurate;

 6.1.2 | cooperate with us in all matters relating to the Service;

 6.1.3 | provide us with such information and material as we may reasonably require in order to supply the Service, and ensure that such information is accurate in all material respects.

6.2 | If the performance of any of our obligations is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation – “Default”:

 6.2.1 | we shall without limiting our other rights or remedies have the right to suspend performance of the Service until you remedy the Default, and to rely on the Default to relieve us from the performance of any of our obligations to the extent that the Default prevents or delays performance of any obligation; and

 6.2.2 | we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from your failure or delay to perform any of your obligations set out in this clause 6; and

 6.2.3 | You shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from any Default.

7. | STUDENTS WITH DISABILITY
   The ITCareerSwap cannot supply equipment, computers, aids or software for a Student with a disability.

8. | COURSE MATERIALS

8.1 | Whilst we make reasonable efforts to ensure the accuracy of Course Materials, we do not represent, warrant or guarantee that the Course Materials will be error free.

8.2 | You expressly acknowledge and agree that due to the rapidly evolving nature of information technology, Course Materials may become outdated and/or incorrect at any time.

8.3 | For the avoidance of doubt, we will not refund Course Fees on the basis that Course Materials are not error free, accurate and/or up to date.

8.4 |  In circumstances where you discover an error or inaccuracy in the content contained in the Course Materials and/or the Online Learning System and notify us of this, we shall aim to rectifies the error or inaccuracy within 45 business days of notification.

8.5 | We will use our reasonable endeavours to ensure that whilst you are enrolled on a Course that the Course Materials will be available to you via the Online Learning System on an uninterrupted basis save for:

 8.5.1 unavailability due to our or a Course Provider’s scheduled maintenance of the Online Learning System, this occurs weekly between 17:00 and 19:00 GMT; or

 8.5.2 additional downtime measured on a monthly basis not exceeding 3% of all other time during that month; or

 8.5.3 an event outside our control.

8.6 | We shall have no responsibility or liability to you for your inability to access the Online Learning System due to issues beyond our control such as the speed of your internet connection – or other connection devices used, your use of third party security software or firewall/proxy servers, or the performance levels of your internet service provider.

8.7 | We reserve the right to revoke your job offer guarantee and system access should we find any misuse of any of our systems, without warning.

9. | COURSE FEES AND ENROLMENT

9.1 | The Course Fees will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time. Prices are liable to change at any time, but price changes will not affect your orders that we have confirmed in writing.

9.2 | The Course Fees include VAT where VAT is applicable. However, if the rate of VAT changes between the date of the Order and the Enrolment Date, we will adjust the VAT you pay, unless you have already paid for the Course in full before the change in the rate of VAT takes effect.

9.3 | It is always possible that, despite our efforts, a Course may be incorrectly priced. We will normally check prices as part of our order process so that, where the correct Course Fee is less than its stated price, we will charge the lower amount when enrolling you on the Course. If the pricing error is obvious and could have reasonably been recognised by you as a mispricing, we do not have to provide the Course to you at the incorrect – lower price.

9.4 | Payment for all Courses must be made in advance by credit or debit card or in accordance with the Continuous Payment Authority. We accept payment with Visa, Visa Debit, MasterCard and American Express. We also accept payment by bank transfer and cheque.

9.5 | Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may:

 9.5.1 | charge interest on the overdue amount at the rate of 5% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount; or cancel or suspend your access to all Course Materials until you have paid the outstanding amounts; or

 9.5.2 | cancel the Continuous Payment Authority and require you to pay any balance outstanding in full; or

 9.5.3 | terminate this agreement by giving you written notice and if you fail to pay all outstanding amounts within 10 days after being notified in writing to do so.

9.6 | Clauses 9.1 and 9.5 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received an invoice that you dispute it.

9.7 | Subject to any exception outlined in clause 9, Course Fees cover all Course Materials.

9.8 | Deposits: All deposits made for our IT Technician Beginner and Cyber Security Beginner training programs are non-refundable. Once a deposit is paid, it cannot be refunded under any circumstances.

9.9 | Upfront Payment: In the case of upfront payments for our IT Technician Beginner and Cyber Security Beginner training programs, a setup and administration charge may apply. This charge covers the cost of processing and handling your payment. The specific amount of the setup and administration charge will be communicated to you at the time of payment and will vary depending on the program and payment method chosen.

By enrolling in our IT Technician Beginner and Cyber Security Beginner training programs and making a payment, you acknowledge and agree to these payment terms and conditions. Please review the payment details provided before making any payments. If you have any questions or concerns regarding payments, please contact our customer support team for clarification before proceeding with payment.

10 | CONSEQUENCES OF TERMINATION

On termination of this agreement for any reason:

10.1  You shall immediately pay us all outstanding invoices and interest and in respect of a Service supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt; and

10.2 | You shall return all Course Material which have not been fully paid for; and

10.3 | The accrued rights, remedies, obligations and liabilities of the parties as at the expiry or termination shall be unaffected, including the right to claim damages which existed at or before the date of termination or expiry; and

10.4 Clauses which expressly or by implication survive termination shall continue in full force and effect.

10.5 Beyond the 10 day cooling off period no refunds will be available for unused course or exam fees.

11. | COURSE FEES AND COURSE MATERIAL EXTENSIONS

11.1 | Unless expressly stated, Course Materials and Course Fees do not include certification fees, examination fees personal stationery, special materials and texts and any other study related material you may elect to purchase.

11.2 | The mode of assessment varies between Courses and between training providers and may include online assessments and/or submission of written assessments – or any combination thereof. We reserve the right to change the mode of assessment applicable to a Course at any time, including after your Enrolment. We will however, where practical, give you reasonable notice of any change to the mode of assessment.

11.3 | You are entirely responsible for any costs and expenses related to accessing and/or running the Course Material on any computer system. We strongly recommend that before enrolling on any Course you confirm the compatibility of your computer system with published computer specification for Course Materials for that Course.

12| TRANSFERRING THE COURSE TO SOMEONE ELSE

12.1 | If you purchase the Course as a Consumer, your Enrolment in a Course is personal to you and you may not transfer the Course to any other person.

12.2 | However, if you have purchased a Course on behalf of your company, and have provided that company’s details to us, we may, at our discretion, transfer your Enrolment/s to other people within your company only. Please contact us if you wish us to consider such a transfer.

12.3 | We may at any time assign, transfer or deal in any other manner with all or any rights under this agreement and may subcontract or delegate in any manner any or all of our obligations to any third party or agent.

13 | CREDIT OPTION

13.1 | Finance is provided directly through ITCareerSwap ltd.

14| INSTALMENT PLANS

14.1 | The ITCareerSwap may choose to allow you to pay your course fees by use of a fixed term instalment plan. Please note that this service is offered at our absolute discretion and is not considered to be a regulated credit agreement under the consumer credit act 1974.

14.2 | To qualify for this service, you will be required to sign a continuous payment authority which constitutes a legally binding agreement between “yourself” and The ITCareerSwap and is to be read in conjunction with The ITCareerSwap Terms and Conditions.

14.3 |For the avoidance of doubt this agreement relates to payment of a fixed term licence commitment and does not relate to a subscription service and cannot be cancelled except where stated below:
You may request to cancel your continuous payment authority at any time. To do so please email [email protected] and we will action this immediately however this does not constitute cancellation of your course except where terms and conditions allow. We will automatically cancel / stop your payments when all outstanding monies owed to us are paid
If the continuous payment authority is cancelled and there are still monies owed to us, we will charge your nominated credit or debit card for the remaining amount before cancelling the authority unless other provision for payment have been agreed Course cancellations and refunds are only permitted in accordance with The ITCareerSwap (IRE) Ltd’s Terms and Conditions.

15. RIGHT AND INTELLECTUAL PROPERTY

15.1 | All Intellectual Property Rights in or arising out of or in connection with the Service shall be owned by the ITCareerSwap.

15.2 | All Course Materials are protected by copyright and are intended only for your individual learning purposes.

15.3 | You must not publish, copy, sell, broadcast, transmit, or otherwise reproduce or distribute any of the Course Materials otherwise than as permitted by law. You may, however:

 15.3.1 | retrieve and display the Course Materials and content from the Online Learning System on your computer screen; and

 15.3.2 | print one copy of the Course Materials – but not photocopy them; and

15.3.3 store the Course Materials in electronic form – but not on any server or other storage device connected to a network.

15.4 The Course Materials provided to you may contain licence agreements from parties other than us. Your Enrolment is subject to your compliance with any applicable licence agreements.

15.5 | You will be responsible for making good any loss we suffer if you use or copy the Course Materials other than in accordance with these Terms.

16. | ITCareerSwap CAREER SERVICES

16.1 | We do not warrant or guarantee that the ITCareerSwap Career Services will result in or improve the likelihood of securing new employment or other benefit.

16.2 | We reserve the right to update, change or withdraw the Career Services service at any time and to decline to offer the service at our discretion.

16.3 | The service is only available in English.

17 | NO WARRANTY OR GUARANTEE AS TO CAREER ADVANCEMENT AND REMUNERATION

17.1 We do not warrant or guarantee that your Enrolment in, or completion of, any Course will result in, or improve the likelihood of, you securing any kind of employment or other benefit.

17.2 If you are already employed or engaged as an employee or consultant, we do not, warrant or guarantee that your Enrolment, or completion of any Course will result in, or improve the likelihood of, you receiving an increase of remuneration or any other benefit.

17.3 |  You are solely responsible for ensuring that the purchase of, and your Enrolment in, any Course is appropriate to your specific needs and objectives.

18 | LIMITATION OF LIABILITY

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

18.1 | Nothing in these Terms shall limit or exclude the ITCareerSwap’s liability for:

 18.1.1 | death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

 18.1.2 | fraud or fraudulent misrepresentation; or

 18.1.3 | breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 – title and quiet possession.

18.2 | Subject to clause 17.1:

 18.2.1 | The ITCareerSwap shall under no circumstances whatever be liable to you, whether in contract, tort – including negligence, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Terms; and

 18.2.2 | The ITCareerSwap’s total liability to you in respect of all other losses arising under or in connection with the Terms, whether in contract, tort – including negligence, breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Course Fees paid by you.

18.3 | The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

18.4 | This clause 17 shall survive termination of the Contract.

19 | EVENTS OUTSIDE OUR CONTROL

19.1 | For the purposes of the Terms, Force Majeure Event means an event beyond the reasonable control of the ITCareerSwap including but not limited to strikes, lock outs or other industrial disputes – whether involving the workforce of the Supplier or any other party, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

19.2 | The ITCareerSwap shall not be liable to the you as a result of any delay or failure to perform its obligations under the Terms as a result of a Force Majeure Event.

19.3 If the Force Majeure Event prevents the ITCareerSwap from providing any Service, the ITCareerSwap shall, without limiting its other rights or remedies, have the right to terminate these Terms immediately by giving written notice to you.

20 | GOVERNING LAW and JURISDICTION

20.1 These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation – including non-contractual disputes or claims, shall be governed by, and construed in accordance with the law of England and Wales.

20.2| Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation – including non-contractual disputes or claims.

21 | EARLY CANCELLATION
The option to cancel your order is not available if:

• The products or services have been accessed, and utilised, beyond the login point;
• The fourteen (14) day cancellation period has expired.

You may cancel your payment instalments at any time within fourteen (14) days of the date you made your first payment to us. However, if this is after fourteen (14) days, you are still accountable for the outstanding balance and find an alternative form of payment.

22. | JOB OFFER

For clarification of our ‘job offer guarantee’ and to qualify for this students must:

• complete your training course within the allotted time
• have completed and passed our internal exams and Live Labs
• have passed official examinations on the first attempt if you have purchased these
• be up to date with your payments if you are on a payment plan, to start and/or continue the recruitment process
• have the right to work in the UK (see https://www.gov.uk/prove-right-to-work)
• have not failed to attend a job interview without a valid reason within a 25-mile radius of your home location
• have not failed to respond to our or our partner’s communications during the recruitment process
• Not show any rudeness or aggression towards ITCS staff members.

If any of these stipulations are not met then our ‘job offer guarantee’ will be nullified.

23 | MONEY BACK GUARANTEE 

Stipulations of the money back guarantee:

• The refunded amount will be minus any exam fees (for exams taken)
• All training and final assessments deemed necessary must be passed inside of nine months.
• You must complete the Live Lab and successfully pass the required exams.
• You must have passed any official examinations (CompTIA, Axelos)
• If you have not attended an interview (face to face, online, phone call) without a valid reason this guarantee will be void – you are required to let the client and ourselves know that you are not attending in advance.

Failure to accept and sign any offered contract will mean that you are not entitled to any refunds. All monies owed must be paid in full

Upon completion of the training/exams CareerPath Ltd T/A IT Career Swap will have 52 weeks to search/obtain you a contract/role/job opportunity within the IT field.

If the circumstances should arise and there happens to be a global recession, pandemic or other global issue which impacts recruitment processes or the global job market we will be inclined to extend our job interview search until such issue is no longer affecting the job market.

If no contract/role/job opportunity has been offered upon completion of the mandatory

Training and official examinations, 52 weeks has passed and all stipulations have been adhered to, then CareerPath Ltd T/A IT Career Swap will provide a partial refund (minus any exam, LiveLab and course related fees and an administration fee of £250). 

If CareerPath Ltd T/A IT Career Swap has sourced/provided 3 interview opportunities (telephone, video or face to face), with companies or agencies for you, you will not be entitled to any refund. 

If you have purchased an IT or Project Management package and opted to include official exams from CompTIA or Axelos within your package, you must take any examinations within the agreed students’ licence period of 9 or 18 months from the initial Enrolment Date; unless otherwise agreed at the time of Enrolment.

For the avoidance of doubt, you will not be able to request a refund of the course or examinations fees if you have sat an exam and are outside of your legal Consumer Rights and the Terms set out here relating to such. However, each individual circumstance will be considered and we may offer a partial refund depending on the circumstances.

For the avoidance of doubt, you will not be able to request multiple vouchers – we only supply one voucher per single exam in a series/ bundle. If you want to re-sit an exam it will incur an additional cost.

Any terms and/or conditions set by Cisco, Axelos, CompTIA, Microsoft and/or any other merchant, in respect of their examination guidelines, are also applicable. It is your responsibility to understand and adhere to those terms/ and or conditions.

To book an examination, you must contact a member of the CareerPath Ltd T/A IT Career Swap team to confirm that you want to book one. Before you book an exam and it is booked, the appropriate assignment(s), practice papers and have achieved a pass rate of at least 80% in the in-house quiz before your exam is booked. To book an examination, and only where you have purchased the course with examination(s) costs included in your Course Fees, you must ensure that all payments to CareerPath Ltd T/A IT Career Swap and/or an authorised Lending Partner are/ have been paid in full, or met the below requirements of the payment plan to sit your exam:

• Minimum of £400 must have been paid to sit one exam

If your account is in arrears or has yet to be paid in full, or to the simplified amounts, you will be unable to book your examination.

If you need to change your exam date after booking, you must let an IT Career Swap representative know at least 48 hours before, otherwise the date cannot be changed.

24| CONFIDENTIALITY

24.1 | A party – “receiving party” – shall keep in strict confidence all technical or commercial know how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party – “disclosing party”, its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the terms, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Terms. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 22 shall survive termination of the Terms.

25 NOTICES

25.1 | Any notice or other communication under or in connection with the Terms shall be in writing, sent to us at the address indicated in clause 4.4 or such other address as may be provided, and shall be delivered personally, sent by prepaid first class post or other next working day delivery service, commercial courier or email.

25.2 | A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 22.1; if sent by prepaid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by email, one business day after transmission.

25.3 | The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

26| WAIVER

26.1 | A waiver of any right under the Terms or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

27| SEVERABILITY

27.1 | If any provision or part provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of the Terms.

28| THIRD PARTY RIGHTS

28.1 | A person who is not a party to the Terms shall not have any rights to enforce its terms.

29| VARIATION

29.1 | Except as set out in these Terms, no variation, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the ITCareerSwap.