Common use of CHARGES, INVOICING AND PAYMENT Clause in Contracts

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 The Employer is responsible for payment of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to the extent that the Charges are not actually paid by the ESFA out of the Government-Employer Co-investment Funding or via Transferred Levy Funds the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point assessment. 4.4 The Charges are stated exclusive of applicable VAT. 4.5 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 The Training Provider shall: 5.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data and privacy policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 5.1 The Employer is responsible for payment of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to 5.2 To the extent that the Charges are not actually paid by the ESFA out of from the Government-Employer Co-investment Funding Digital Account, or via Transferred the Agreed Services are not Levy Funds the Training Provider Funded, East Surrey College shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider East Surrey College shall only be entitled to the Completion Payment once the Apprentice has taken their end-point sat his final assessment. 4.4 5.3 The Charges are stated exclusive of applicable VAT. 4.5 The Training Provider 5.4 East Surrey College shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 5.5 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider East Surrey College as the Training Provider East Surrey College may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 5.6 If and to the extent that the Training Provider East Surrey College receives a payment from Government-Employer Co-investment the Levy Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider East Surrey College shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider East Surrey College on any account and thereafter as to any balance in payment to the Employer. 4.8 5.7 Without prejudice to any other rights of the Training Provider East Surrey College, any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 5.8 The Training Provider shall: 5.1.1 Employer will provide all such information and take all such action as is required to enable East Surrey College to comply with the ESFA Rules to enable East Surrey College to draw down payment from the Employer’s Digital Account with the Digital Apprenticeship Service within 7 days of the commencement of Agreed Services and thereafter a month in all material respects arrears in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager ESFA rules for the duration of the Agreed Services. 5.9 If an Apprentice leaves a programme forming part of the Agreed Services (“Leaver”), the Employer will continue to be responsible for the Charges outlined in the Commitment Statement in respect of that Leaver. However, subject at all times to the ESFA Rules, if the Employer is able to provide a replacement for the Leaver who in the reasonable opinion of East Surrey College is suitable to continue on the Leaver’s Apprenticeship (“Replacement Apprentice”), and provided that the Replacement Apprentice can commence the Leaver’s programme within 20 Business Days of the Leaver leaving the programme (or such other time as East Surrey College may agree in writing), the Leaver’s Charges may be applied towards the Charges that would have been payable by the Replacement Apprentice. The Employer will remain liable for any Charges: 5.9.1 that cannot be applied towards a Replacement Apprentice; and 5.1.4 observe all health and safety and security requirements that apply at 5.9.2 are incurred on behalf of a Replacement Apprentice to cover any missed period of the Employer's premises that have been communicated to it under clause 9.1.5, provided that it shall not be liable under this Agreement if, training as a result of such observance, the Replacement Apprentice not starting a course on the usual start date. 5.10 The Employer agrees that it is will be responsible for the Charges in breach full in respect of any Apprentices which are added to the List of its obligations under this AgreementApprentices and for which a Commitment Statement is agreed between the Parties but who commence their Apprenticeship after the commencement of the academic year. 5.2 5.11 The Training Provider shall at all times Employer will be responsible for the duration costs of this Agreement have and maintain any Apprentice Assessment Organisation which exceed 20% of the following policies (as amended from time to time): 5.2.1 data and privacy policy; and 5.2.2 Training Provider complaints policyApprenticeship Framework or Apprenticeship Standard value. 5.3 5.12 If an Apprentice is required to resit or repeat any assessments, the Agreed Services are Government-Employer Co-investment Funded costs of such resit or repeat shall be funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall applyEmployer or student upon Invoicing.

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 7.1 The Employer is responsible for payment of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to 7.2 To the extent that the Charges are not actually paid by the ESFA out of from the Government-Employer Co-investment Funding Apprenticeship Service Account, or via Transferred the Agreed Services are not Levy Funds Funded, the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule Clause 5 and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point sat his final assessment. 4.4 7.3 The Charges are stated exclusive of applicable VAT. 4.5 7.4 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 7.5 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain obtaining any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 7.6 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment the Levy Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid paid, the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 8.1 The Training Provider shall: 5.1.1 8.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services Commitment Statement and Good Industry Practice; 5.1.2 8.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for ServicesCommitment Statement; 5.1.3 8.1.3 specify in the Request for Services a manager an allocated Account Manager/Director (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 8.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.5, 12.1.5 provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 8.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 8.2.1 data and privacy policy; policy and 5.2.2 8.2.2 Training Provider complaints policypolicy set out in schedule 11. 5.3 8.3 If the Agreed Services are Government-Employer Co-investment Levy Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 10 and 8 shall apply11 shallapply.

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 The Employer is responsible for payment of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to 4.2 To the extent that the Charges are not actually paid by the ESFA out of from the Government-Employer Co-investment Funding Apprenticeship Service Account, or via Transferred the Agreed Services are not Levy Funds Funded, the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point assessment. 4.4 4.3 The Charges are stated exclusive of applicable VAT. 4.5 4.4 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 4.5 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 4.6 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment the Levy Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 4.7 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 The Training Provider shall: 5.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data and privacy policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Levy Funded or funded by Transferred Levy Funds the provisions of clauses 96, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 7.1. The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his the final assessment. 4.2 7.2. The Employer is responsible for payment of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to the extent that the Charges are not actually paid by the ESFA out of the Government-Employer Co-investment Funding or via Transferred Levy Funds the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point assessment. 4.4 7.3. The Charges are stated exclusive of applicable VAT. 4.5 7.4. The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 7.5. Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 7.6. If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 7.7. Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 The Training Provider shall: 5.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data and privacy policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.. TRAINING PROVIDER RESPONSIBILITIES

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 7.1 The Employer is responsible for payment of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to 7.2 To the extent that the Charges are not actually paid by the ESFA out of SFA from the Government-Employer Co-investment Funding Digital Account, or via Transferred the Agreed Services are not Levy Funds Funded, the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 60 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken sat their end-point final assessment. 4.4 7.3 The Charges are stated exclusive of applicable VAT. 4.5 7.4 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 7.5 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA SFA Rules. 4.7 7.6 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment the Levy Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid paid, the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred owed by the Employer to the Training Provider on any account and thereafter as to shall pay any balance in payment to the EmployerEmployer immediately. 4.8 7.7 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due due, save for any invoice which is the subject of a genuine dispute between the parties, shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 8.1 The Training Provider shall: 5.1.1 8.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 use all reasonable endeavours to 8.1.2 meet any performance dates specified in a Request for Services; 5.1.3 8.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services Services) and use all reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and; 5.1.4 observe 8.1.4 Observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.512.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement; and 8.1.5 comply with the Code of Conduct and Responsible Procurement Policy. 5.2 8.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data 8.2.1 Data and privacy policy; andPrivacy Policy; 5.2.2 Training Provider complaints policy. 5.3 8.2.2 Complaints Policy, 8.3 which shall be provided to the Employer prior to the commencement of any Agreed Services. If the Agreed Services are Government-Employer Co-investment Levy Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 10 and 8 11 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 7.1 The Employer is responsible for payment of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to 7.2 To the extent that the Charges are not actually paid by the ESFA out of from the Government-Employer Co-investment Funding Apprenticeship Service Account, or via Transferred the Agreed Services are not Levy Funds Funded, the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point sat his final assessment. 4.4 The Charges are stated exclusive of applicable VAT. 4.5 7.3 The Training Provider shall promptly on request provide a VAT an invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VATServices. 4.6 7.4 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 7.5 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment the Levy Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid paid, the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 7.6 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 8.1 The Training Provider shall: 5.1.1 8.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 8.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Servicesthe Apprenticeship Employer Agreement and any schedule 6; 5.1.3 8.1.3 specify in the Request for Services Apprenticeship Employer Agreement a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 8.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.512.1.6, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 8.1.5 provide a safe and secure environment for all Apprentices 8.1.6 provide details of any accidents/incidents involving employed Apprentices engaged in training activities at the Training Providers or Delivery Partners premises/training venues to the Employer 8.1.7 appoint suitably qualified trainers/assessors to undertake formal training and where applicable assessment of the Apprentice in the training venue and/or workplace 8.1.8 notify the Employer if the Apprentice is absent from scheduled centre based lessons and workshops 8.1.9 provide equality of opportunity in all aspects of the Apprenticeship programme 8.1.10 provide the Apprentice where possible, the opportunity to transfer to another organisation able to provide an Apprenticeship Plan substantially similar to the existing Apprenticeship Plan if the Employer is unable to complete the Apprenticeship programme 8.1.11 provide within the training centre all the necessary resources required to complete the Apprenticeship in line with the standard requirements of the Apprenticeship and the ESFA rules 8.1.12 ensure high quality delivery through observations of the Apprentice journey – to include induction/initial assessment, teaching, assessment, progress reviews and exit reviews, spot checks, audit and also contract and quality reviews where there is a Delivery Partner involved in the delivery 8.1.13 be responsible for resolving any disputes between the Employer and any Delivery Partner as appropriate 8.1.14 advise the Apprentice and the Employer or essential contacts, including; (a) nominated co-ordinator responsible for the overall programme delivery and any Delivery Partners (b) nominated safeguarding and prevent staff, for nominated queries, concerns and reporting of incidents; (c) nominated finance staff, for queries regarding invoices, payments and incentives 8.2 The Training Provider undertakes that it will: 8.2.1 Manage the funding received from the Employer and the ESFA and make appropriate and timely payments to any Delivery Partners used for training 8.2.2 Ensure that the Employer contribution payments are collected in accordance with the payment schedule agreed in the Apprenticeship Employer Agreement – Schedule 6 and recorded on the Apprentices ILR data 8.2.3 Ensure that eligible additional payments are claimed within a timely manner and paid by BACS to the employer within 30 days of receipt of the funding from the ESFA 8.2.4 Reserve the right to recover sums from the Employer in the event that any aspect of the Apprenticeship programme is in breach of the ESFA funding and performance-management rules owing to any act or omission by the Employer 8.3 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data 8.3.1 Data and privacy policyPrivacy Policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 The Employer is responsible for payment of the ChargesCharges as set out in the Contract of Service. 4.3 Notwithstanding any other provisions of this Agreement to the extent that the Charges are not actually paid by the ESFA out of the Government-Employer Co-investment Funding or via Transferred Levy Funds the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point assessment. 4.4 The Charges are stated exclusive of applicable VAT. 4.5 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 The Training Provider shall: 5.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data and privacy policy; and; 5.2.2 Safeguarding Policy and; 5.2.3 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 7.1 The Employer is responsible for payment of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to 7.2 To the extent that the Charges are not actually paid by the ESFA out of from the Government-Employer Co-investment Funding Apprenticeship Service Account, or via Transferred the Agreed Services are not Levy Funds Funded, the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point sat his final assessment. 4.4 The Charges are stated exclusive of applicable VAT. 4.5 7.3 The Training Provider shall promptly on request provide a VAT an invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VATServices. 4.6 7.4 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require require, to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 7.5 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment the Levy Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid paid, the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 7.6 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 7.7 The charges are stated exclusive of applicable VAT. 8.1 The Training Provider shall: 5.1.1 8.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 8.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Servicesthe Apprenticeship Employer Agreement and any schedule 6; 5.1.3 8.1.3 specify in the Request for Services Apprenticeship Employer Agreement a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 8.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.512.1.6, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 8.1.5 provide a safe and secure environment for all Apprentices 8.1.6 provide details of any accidents/incidents involving employed Apprentices engaged in training activities at the Training Providers or Delivery Partners premises/training venues to the Employer 8.1.7 appoint suitably qualified trainers/assessors to undertake formal training and where applicable assessment of the Apprentice in the training venue and/or workplace 8.1.8 notify the Employer if the Apprentice is absent from scheduled centre based lessons and workshops 8.1.9 provide equality of opportunity in all aspects of the Apprenticeship programme 8.1.10 provide the Apprentice where possible, the opportunity to transfer to another organisation able to provide an Apprenticeship Plan substantially similar to the existing Apprenticeship Plan if the Employer is unable to complete the Apprenticeship programme 8.1.11 provide within the training centre all the necessary resources required to complete the Apprenticeship in line with the standard requirements of the Apprenticeship and the ESFA rules 8.1.12 ensure high quality delivery through observations of the Apprentice journey – to include induction/initial assessment, teaching, assessment, progress reviews and exit reviews, spot checks, audit and also contract and quality reviews where there is a Delivery Partner involved in the delivery 8.1.13 be responsible for resolving any disputes between the Employer and any Delivery Partner as appropriate 8.1.14 advise the Apprentice and the Employer or essential contacts, including; (a) nominated co-ordinator responsible for the overall programme delivery and any Delivery Partners (b) nominated safeguarding and prevent staff, for nominated queries, concerns and reporting of incidents; (c) nominated finance staff, for queries regarding invoices, payments and incentives 8.2 The Training Provider undertakes that it will: 8.2.1 Manage the funding received from the Employer and the ESFA and make appropriate and timely payments to any Delivery Partners used for training 8.2.2 Ensure that the Employer contribution payments are collected in accordance with the payment schedule agreed in the Apprenticeship Employer Agreement – Schedule 6 and recorded on the Apprentices ILR data 8.2.3 Ensure that eligible additional payments are claimed within a timely manner and paid by BACS to the employer within 30 days of receipt of the funding from the ESFA 8.2.4 Reserve the right to recover sums from the Employer in the event that any aspect of the Apprenticeship programme is in breach of the ESFA funding and performance-management rules owing to any act or omission by the Employer 8.3 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data 8.3.1 Data and privacy policyPrivacy Policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 6.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage 5% of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 6.2 The Employer is responsible for payment of the Charges. 4.3 6.3 Notwithstanding any other provisions of this Agreement to the extent that the Charges are not actually paid by the ESFA out of the Government-Employer Co-investment Funding or via Transferred Levy Funds the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point assessmentreceipt. 4.4 6.4 The Charges are stated exclusive of applicable VAT. 4.5 6.5 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 6.6 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 6.7 If and to the extent that the Training Provider receives a payment from Government-Employer Co-Co- investment Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 6.8 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 The Training Provider shall: 5.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data and privacy policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 7.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage 10% of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 7.2 The Employer is responsible for payment of the Charges. 4.3 7.3 Notwithstanding any other provisions of this Agreement to the extent that the Charges are not actually paid by the ESFA out of the Government-Employer Co-investment Funding or via Transferred Levy Funds the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point assessmentreceipt. 4.4 7.4 The Charges are stated exclusive of applicable VAT. 4.5 7.5 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 7.6 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 7.7 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 7.8 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 8.1 The Training Provider shall: 5.1.1 8.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 8.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 8.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services Services) and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 8.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.512.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 8.1.5 provide a safe and secure environment for all Apprentices 8.1.6 provide details of any accidents/incidents involving employed Apprentices engaged in training activities at the Training Providers or Subcontractors premises/training venues to the Employer 8.1.7 appoint suitably qualified trainers/assessors to undertake formal training and where applicable assessment of the Apprentice in the training venue and/or workplace 8.1.8 notify the Employer if the Apprentice is absent from scheduled centre based lessons and workshops 8.1.9 provide equality of opportunity in all aspects of the Apprenticeship programme 8.1.10 provide the Apprentice where possible, the opportunity to transfer to another organisation able to provide an Apprenticeship Plan substantially similar to the existing Apprenticeship Plan if the Employer is unable to complete the Apprenticeship programme 8.1.11 provide within the training centre all the necessary resources required to complete the Apprenticeship in line with the standard requirements of the Apprenticeship and the ESFA rules 8.1.12 ensure high quality delivery through observations of the Apprentice journey – to include induction/initial assessment, teaching, assessment, progress reviews and exit reviews, sopt checks, audit and also contract and quality reviews where there is a Subcontractor involved in the delivery 8.1.13 be responsible for resolving any disputes between the Employer and any Subcontractor as appropriate 8.1.14 advise the Apprentice and the Employer or essential contacts, including; (a) nominated co-ordinator responsible for the overall programme delivery and any Subcontractors (b) nominated safeguarding and prevent staff, for nominated queries, concerns and reporting of incidents; (c) nominated finance staff, for queries regarding invoices, payments and incentives 8.2 The Training Provider undertakes that it will: 8.2.1 Manage the funding received from the Employer and the ESFA and make appropriate and timely payments to any Subcontractors used for training 8.2.2 Ensure that the Employer contributions payments are collected in accordance with the payment schedule agreed in the Apprenticeship Employer Agreement – Part 2 and recorded on the Apprentices ILR data 8.2.3 Ensure that eligible additional payments are claimed within a timely manner and paid by BACS to the employer within 30 days of receipt of the funding from the ESFA 8.2.4 Reserve the right to recover sums from the Employer in the event that any aspect of the Apprenticeship programme is in breach of the ESFA funding and performance-management rules owing to any act or omission by the Employer 8.3 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data 8.3.1 Data and privacy policyPrivacy Policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 7.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage 10% of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 7.2 The Employer is responsible for payment of the Charges. 4.3 7.3 Notwithstanding any other provisions of this Agreement to the extent that the Charges are not actually paid by the ESFA out of the Government-Employer Co-investment Funding or via Transferred Levy Funds the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point assessmentreceipt. 4.4 7.4 The Charges are stated exclusive of applicable VAT. 4.5 7.5 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 7.6 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 7.7 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 7.8 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 8.1 The Training Provider shall: 5.1.1 8.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 8.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 8.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services Services) and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 8.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.512.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 8.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 8.2.1 data and privacy policy; and 5.2.2 8.2.2 Training Provider complaints policy. 5.3 8.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 10 and 8 11 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 The Employer is responsible for payment of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to 4.2 To the extent that the Charges are not actually paid by the ESFA out of from the Government-Employer Co-investment Funding Apprenticeship Service Account, or via Transferred the Agreed Services are not Levy Funds Funded, the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point assessment. 4.4 4.3 The Charges are stated exclusive of applicable VAT. 4.5 4.4 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 4.5 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 4.6 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment the Levy Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 4.7 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 The Training Provider shall: 5.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 The Training Provider shall at all times always for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data and privacy policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Levy Funded or funded by Transferred Levy Funds the provisions of clauses 96, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 7.1 The Employer is responsible for payment of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to 7.2 To the extent that the Charges are not actually paid by the ESFA out of from the Government-Employer Co-investment Funding Apprenticeship Service Account, or via Transferred the Agreed Services are not Levy Funds Funded, the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point assessment. 4.4 7.3 The Charges are stated exclusive of applicable VAT. 4.5 7.4 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 7.5 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 7.6 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment the Levy Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 7.7 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 8.1 The Training Provider shall: 5.1.1 8.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 8.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 8.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 8.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.512.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 8.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 8.2.1 data and privacy policy; and 5.2.2 8.2.2 Training Provider complaints policy. 5.3 8.3 If the Agreed Services are Government-Employer Co-investment Levy Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 10 and 8 11 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 7.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 7.2 The Employer is responsible for payment of the Charges. 4.3 7.3 Notwithstanding any other provisions of this Agreement to the extent that the Charges are not actually paid by the ESFA out of the Government-Employer Co-investment Funding or via Transferred Levy Funds the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point assessment. 4.4 7.4 The Charges are stated exclusive of applicable VAT. 4.5 7.5 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 7.6 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 7.7 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 7.8 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 8.1 The Training Provider shall: 5.1.1 8.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 8.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 8.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 8.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.512.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 8.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 8.2.1 data and privacy policy; and 5.2.2 8.2.2 Training Provider complaints policy. 5.3 8.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 10 and 8 11 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 7.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage 5% of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 7.2 The Employer is responsible for payment of the Charges. 4.3 7.3 Notwithstanding any other provisions of this the Agreement to the extent that the Charges are not actually paid by the ESFA out of the Government-Employer Co-investment Funding Funding, or via Transferred Levy Funds Funds, the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however provided, however, that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their sat his final end-point assessmentassessment (apprenticeship standard) or applied for their apprenticeship framework certificate. 4.4 The Charges are stated exclusive of applicable VAT. 4.5 7.4 The Training Provider shall promptly on request provide a VAT an invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VATServices. 4.6 7.5 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 7.6 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid paid, the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 7.7 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc.. TRAINING PROVIDER RESPONSIBILITIES‌ 5.1 8.1 The Training Provider shall: 5.1.1 8.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 8.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Servicesthe Apprenticeship Employer Agreement and any SCHEDULE 6; 5.1.3 8.1.3 specify in the Request for Services Apprenticeship Employer Agreement a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 8.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.512.1.6, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 8.1.5 provide a safe and secure environment for all Apprentices 8.1.6 provide details of any accidents/incidents involving employed Apprentices engaged in training activities at the Training Providers or Delivery Partners premises/training venues to the Employer 8.1.7 appoint suitably qualified trainers/assessors to undertake formal training and where applicable assessment of the Apprentice in the training venue and/or workplace 8.1.8 notify the Employer if the Apprentice is absent from scheduled centre based lessons and workshops 8.1.9 provide equality of opportunity in all aspects of the Apprenticeship programme 8.1.10 provide the Apprentice where possible, the opportunity to transfer to another organisation able to provide an Apprenticeship Plan substantially similar to the existing Apprenticeship Plan if the Employer is unable to complete the Apprenticeship programme 8.1.11 provide within the training centre all the necessary resources required to complete the Apprenticeship in line with the standard requirements of the Apprenticeship and the ESFA rules 8.1.12 ensure high quality delivery through observations of the Apprentice journey – to include induction/initial assessment, teaching, assessment, progress reviews and exit reviews, spot checks, audit and also contract and quality reviews where there is a Delivery Partner involved in the delivery 8.1.13 be responsible for resolving any disputes between the Employer and any Delivery Partner as appropriate 8.1.14 advise the Apprentice and the Employer or essential contacts, including; (a) nominated co-ordinator responsible for the overall programme delivery and any Delivery Partners (b) nominated safeguarding and prevent staff, for nominated queries, concerns and reporting of incidents; (c) nominated finance staff, for queries regarding invoices, payments and incentives 8.2 The Training Provider undertakes that it will: 8.2.1 Manage the funding received from the Employer and the ESFA and make appropriate and timely payments to any Delivery Partners used for training 8.2.2 Ensure that the Employer contribution payments are collected in accordance with the payment schedule agreed in the Apprenticeship Employer Agreement – Schedule 6 and recorded on the Apprentices ILR data 8.2.3 Ensure that eligible additional payments are claimed within a timely manner and paid by BACS to the employer within 30 days of receipt of the funding from the ESFA 8.2.4 Reserve the right to recover sums from the Employer in the event that any aspect of the Apprenticeship programme is in breach of the ESFA funding and performance-management rules owing to any act or omission by the Employer 8.3 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data 8.3.1 Data and privacy policyPrivacy Policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 7.1 The Employer is responsible for payment of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to 7.2 To the extent that the Charges are not actually paid by the ESFA out of from the Government-Employer Co-investment Funding Digital Account, or via Transferred the Agreed Services are not Levy Funds Funded, the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point sat his final assessment. 4.4 7.3 The Charges are stated exclusive of applicable VAT. 4.5 7.4 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 7.5 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 7.6 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment the Levy Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 7.7 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 8.1 The Training Provider shall: 5.1.1 8.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 8.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 8.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services Services) and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 8.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.512.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 8.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data 8.2.1 Data and privacy policyPrivacy Policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 18.1 The Training Provider Charges shall be payable in respect of each of the Services and Additional Services in accordance with the payment frequencies and timings specified in the relevant Service Schedule or Additional Service Schedule. 18.2 Each month the Supplier shall submit an invoice to the Reseller of the aggregate Charges payable by the Reseller to the Supplier in respect of the Services and Additional Services for that relevant month. 18.3 Unless otherwise specified in any Service Schedule or Additional Service Schedule, the Reseller shall pay all Charges: a. by monthly Direct Debit to the account notified to the Reseller from time to time. Payment by Direct Debit will be taken within thirty (30) days of the date of invoice; or b. any other method agreed with us within fifteen (15) days of the date of invoice. Where payments are made by Direct Debit, a Direct Debit instruction form must be completed. This will give the Reseller the protection of the Direct Debit Guarantee. 18.4 If the Reseller (acting reasonably and honestly) disputes any amount due to the Supplier under any invoice, the Reseller shall notify the Supplier of the same giving all relevant details of the dispute within ten (10) Working Days of the date of invoice (or such date as is otherwise specified in any Service Schedule or Additional Service Schedule) and, on the date scheduled for payment of the relevant invoice, the Reseller shall pay to the Supplier all amounts not validly disputed by the Reseller. 18.5 Any matters referred to in the notice of dispute submitted pursuant to clause 18.4 which cannot be agreed in writing between the Parties acting reasonably within ten (10) Working Days after the Supplier’s receipt of such notice from the Reseller shall be addressed in accordance with clause 44 to reach settlement on any items that are the subject of the dispute. 18.6 The Charges shall be exclusive of all Taxes which shall be payable in addition to the Charges as applicable at the rate and in the manner prescribed by Applicable Law from time to time. 18.7 If any sum properly due under this Master Reseller Agreement is not paid by the due date and is not being dealt with pursuant to clause 18.4 above, the Supplier reserves the right to charge interest on such sum on a daily basis (after as well as before any judgement) from the due date to the date of payment at the rate of four per cent (4%) above the base rate from time to time of Barclays Bank plc and to recover from the Reseller all reasonable costs and expenses it incurs in securing payment of such outstanding amounts. 18.8 The Reseller shall not be entitled to offset any amounts owed by the Supplier to the Reseller under this Master Reseller Agreement or otherwise with any amount owed by the Reseller to the Supplier. The Supplier shall be entitled to invoice monthly offset any amounts owed by the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled Reseller to the Completion Payment once Supplier under this Master Reseller Agreement or otherwise with any amount owed by the Apprentice has sat his final assessmentSupplier to the Reseller. 4.2 18.9 The Employer Reseller is responsible for payment collecting any monies owed to the Reseller by its Customers in connection with the Services and shall pay invoices issued by the Supplier in respect of the ChargesServices regardless of any outstanding monies owed to it by its Customers or in dispute with its Customer. 4.3 Notwithstanding any other provisions of this Agreement 18.10 The Supplier reserves the right to the extent that vary the Charges are not actually paid by the ESFA out of the Government-Employer Co-investment Funding pursuant to clause 16.3 or via Transferred Levy Funds the Training Provider shall be entitled to invoice the Employer for the Charges otherwise in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end terms of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point assessmenteach Service Schedule. 4.4 The 18.11 Save in the case of demonstrable and manifest error all Charges are stated exclusive of applicable VAT. 4.5 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 The Training Provider shall: 5.1.1 provide the Agreed Services in all material respects calculated in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 specify in the Request for Services a manager (‘the Services Manager’)data recorded or logged by, to act or on behalf of, the Supplier. 18.12 Notwithstanding clause 18.4, any queries the Reseller may have regarding any reconciliations or alleged overpayments (whether resulting from invoicing errors, clerical errors or otherwise) which would not have been reasonably obvious upon receipt of the Training Provider invoice or within the ten (10) Working Day notice period described in all matters relating clause 18.4 (for example due to the Agreed Services and use reasonable endeavours requisite Customer data being unavailable for verification purposes) must be notified in writing to ensure that the same person acts as the Services Manager for the duration Supplier within six (6) months’ of the Agreed Services; anddate of invoice. Any query received after such six (6) month period has elapsed will be processed at the Supplier’s discretion. 5.1.4 observe all health and safety and security requirements that apply at 18.13 The Supplier may correct any invoice sent to the Reseller providing it notifies the Reseller within six (6) months of the Employer's premises that have been communicated to it under clause 9.1.5, provided that it shall not be liable under this Agreement if, as a result date of such observance, it is in breach of any of the invoice giving its obligations under this Agreementreasons. 5.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data and privacy policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 6.1 The Employer is responsible for payment of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to 6.2 To the extent that the Charges are not actually paid by the ESFA out of from the Government-Employer Co-investment Funding Digital Account, or via Transferred the Agreed Services are not Levy Funds Funded, the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point sat his final assessment. 4.4 6.3 The Charges are stated exclusive of applicable VAT. 4.5 6.4 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 6.5 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 6.6 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment the Levy Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 6.7 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 The Training Provider shall: 5.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data and privacy policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 7.1 The Employer shall pay the Charges to the Training Provider to the extent that the Charges have not been recovered by the Training Provider from the ESFA. 7.2 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Unfunded Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however invoice. 7.3 Subject to the Employer providing the bank account details of the company or other legal person that employs the relevant Apprentice, the Training Provider shall only be entitled pay to the Completion Payment once Employer any Incentive Payments received from the Apprentice has sat his final assessment. 4.2 The Employer is responsible for payment ESFA on behalf of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to the extent that the Charges are not actually paid by the ESFA out of the Government-Employer Co-investment Funding or via Transferred Levy Funds the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where or such other timescale as may be specified in the Charges are paid via Transferred Levy Funds, ESFA Rules. 7.4 Where for any reason the ESFA requires the Training Provider to return any Incentive Payments or any other payment, the Employer shall only be entitled pay to the Completion Payment once Training Provider an amount equal to the Apprentice has taken their end-point assessmentsum required to be returned within 30 days of notification by the Training Provider of the requirement to return payments to the ESFA. 4.4 7.5 The Charges are stated exclusive of applicable VAT. 4.5 7.6 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 7.7 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 7.8 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 The Training Provider shall: 5.1.1 provide 7.9 Any end-point assessment costs quoted at the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf start of the Training Provider in all matters relating apprenticeship could be subject to the Agreed Services change and use reasonable endeavours to ensure that the same person acts both parties are responsible for identifying an end-point assessment centre, as the Services Manager for soon as reasonably practicable, and reviewing cost through the duration of the Agreed Services; and 5.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreementapprenticeship. 5.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data and privacy policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 The Employer is responsible for payment of the ChargesCharges as set out in the Contract of Service. 4.3 Notwithstanding any other provisions of this Agreement to 4.2 To the extent that the Charges are not actually paid by the ESFA out of from the Government-Employer Co-investment Funding Apprenticeship Service Account, or via Transferred the Agreed Services are not Levy Funds Funded, the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point assessment. 4.4 4.3 The Charges are stated exclusive of applicable VAT. 4.5 4.4 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 4.5 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 4.6 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment the Levy Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 4.7 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 The Training Provider shall: 5.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data and privacy policy; and; 5.2.2 Safeguarding Policy and; 5.2.3 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Levy Funded or funded by Transferred Levy Funds the provisions of clauses 96, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 7.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage 10% of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 7.2 The Employer is responsible for payment of the Charges. 4.3 7.3 Notwithstanding any other provisions of this Agreement to the extent that the Charges are not actually paid by the ESFA out of the Government-Employer Co-investment Funding or via Transferred Levy Funds the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point assessmentreceipt. 4.4 7.4 The Charges are stated exclusive of applicable VAT. 4.5 7.5 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 7.6 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 7.7 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 7.8 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 8.1 The Training Provider shall: 5.1.1 8.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 8.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 8.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services Services) and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 8.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.512.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 8.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data 8.2.1 Data and privacy policyPrivacy Policy; and 5.2.2 8.2.2 Training Provider complaints policyComplaints Policy. 5.3 8.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 10 and 8 11 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 5.1 The Employer is responsible for payment of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to 5.2 To the extent that the Charges are not actually paid by the ESFA out of from the Government-Employer Co-investment Funding Apprenticeship Service Account, or via Transferred the Agreed Services are not Levy Funds Funded, the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point assessment. 4.4 5.3 The Charges are stated exclusive of applicable VAT. 4.5 5.4 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 5.5 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA DfE Funding Rules. 4.7 5.6 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment the Levy Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider, the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 5.7 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 4 per cent above the base rate for the time being of Barclays Bank plc. 5.1 6.1 The Training Provider shall: 5.1.1 6.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 6.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 6.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 6.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.510.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 6.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 6.2.1 data and privacy policy; and 5.2.2 6.2.2 Training Provider complaints policy. 5.3 6.3 If the Agreed Services are Government-Employer Co-investment Levy Funded or funded by Transferred Levy Funds the provisions of clauses 97, 7 8 and 8 9 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 A. The Training Provider total to be paid by the Foundation to the Subcontractor shall be entitled to invoice monthly the Employer not exceed $200,000.00 for the Relevant Percentage of the Qualifying Charges period indicated above, and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled paid out of, and will be subject to availability of funding provided by the Funding Contract. Notwithstanding anything to the Completion Payment once contrary seemingly contained in this Agreement, the Apprentice has sat his final assessment. 4.2 The Employer is responsible Foundation shall in no case be liable to make payment out of its own funds to the Subcontractor for payment any portion of the Charges. 4.3 Notwithstanding any other provisions of amount referenced above in this Agreement Article IV(A) if funding is ceased or otherwise not provided to the extent that Foundation through the Charges are not actually paid Funding Contract. The Subcontractor will submit, in arrears, an itemized invoice (Attachment D) along with supporting documentation, to the Foundation on a monthly basis by the ESFA out 10th of the Government-Employer Co-investment Funding or via Transferred Levy Funds the Training Provider month following for services rendered in accordance with specified line items in Attachment B, Itemized Budgets. The final invoice (Attachment D) shall be entitled received no later than 03/31/13. Invoices shall reference the Subcontract Agreement and Purchase Order Numbers and shall include the following certification signed by the designated fiscal contact: I hereby certify that this claim for reimbursement of expenditures is true and correct to invoice the Employer for the Charges best of my knowledge; that all expenditures claimed have been made in accordance with the Payment Schedule terms and otherwise at for the purpose set forth in our contract; and that these expenditures in the amount of $ have not been and will not be reimbursed from any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point assessmentother source. 4.4 The Charges are stated exclusive of applicable VAT. 4.5 The Training Provider shall promptly on request provide a VAT B. Subcontractor will submit itemized match documentation, in arrears, along with monthly invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 The Training Provider shall: 5.1.1 provide the Agreed Services in all material respects in accordance with Attachment B, Itemized Budgets. The total match requirement of $50,000.00 shall be prorated on a monthly basis at 25% of the applicable Request total requested for Services reimbursement. C. Provided that Subcontractor is not then in breach of this Agreement, within 20 business days following receipt of invoice, and Good Industry Practice; 5.1.2 use all reasonable endeavours subject to meet any performance dates specified in a Request for Services; 5.1.3 specify in the Request for Services a manager (‘the Services Manager’provisions of Article IV(A), to act on behalf of the Training Provider in all matters relating to Foundation will pay the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager Subcontractor for the duration approved invoice amount. Payment of the Agreed Services; and 5.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.5, provided that it invoice by Foundation shall not be liable imply inspection, approval, or acceptance of Work by the Foundation. D. Acceptance by the Subcontractor of final payment under this Agreement ifshall constitute a release to the Foundation for all claims and liability to the Subcontractor for payment hereunder, as a result of such observance, it is and for any additional compensation or payment relating to any and all things done or furnished in breach of any of its obligations under connection with this Agreement. However, final payment shall in no way relieve the Subcontractor of liability for its obligations, or for faulty or defective work, discovered after final payment. 5.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data and privacy policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 7.1. The Employer is responsible for payment of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to 7.2. To the extent that the Charges are not actually paid by the ESFA out of from the Government-Employer Co-investment Funding Apprenticeship Service Account, or via Transferred the Agreed Services are not Levy Funds Funded, the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point sat his final assessment. 4.4 7.3. The Charges are stated exclusive of applicable VAT. 4.5 7.4. The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 7.5. Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 7.6. If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment the Levy Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 7.7. Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 The Training Provider shall: 5.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data and privacy policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 The Employer is responsible for payment of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to . To the extent that the Charges are not actually paid by the ESFA out of from the Government-Employer Co-investment Funding Apprenticeship Service Account, or via Transferred the Agreed Services are not Levy Funds Funded, the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their undertaken all mandatory elements of the framework or all elements of the applicable end-point assessment. 4.4 assessment for standards (as the case may be). The Charges are stated exclusive of applicable VAT. 4.5 . The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 . Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 . If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment the Levy Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 . Without prejudice to any other rights of the Training Provider Provider, any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 The Training Provider shall: 5.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data and privacy policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 5.1 The Employer is responsible for payment of the ChargestheCharges. 4.3 Notwithstanding any other provisions of this Agreement to 5.2 To the extent that the Charges are not actually paid by the ESFA out of from the Government-Employer Co-investment Funding Digital Account, or via Transferred the Agreed Services are not Levy Funds the Training Provider Funded, Xxxx Xxxxxx College shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider Xxxx Xxxxxx College shall only be entitled to the Completion Payment once the Apprentice has taken their end-point sat his final assessment. 4.4 5.3 The Charges are stated exclusive of applicable VAT. 4.5 The Training Provider 5.4 Xxxx Xxxxxx College shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 5.5 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider Xxxx Xxxxxx College as the Training Provider Xxxx Xxxxxx College may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 5.6 If and to the extent that the Training Provider Xxxx Xxxxxx College receives a payment from Government-Employer Co-investment the Levy Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider Xxxx Xxxxxx College shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider Xxxx Xxxxxx College on any account and thereafter as to any balance in payment to the Employer. 4.8 5.7 Without prejudice to any other rights of the Training Provider Xxxx Xxxxxx College, any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 5.8 The Training Provider shall: 5.1.1 Employer will provide all such information and take all such action as is required to enable Xxxx Xxxxxx College to comply with the ESFA Rules to enable Xxxx Xxxxxx College to draw down payment from the Employer’s Digital Account with the Digital Apprenticeship Service within 7 days of the commencement of Agreed Services and thereafter a month in all material respects arrears in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager ESFA rules for the duration of the Agreed Services. 5.9 If an Apprentice leaves a programme forming part of the Agreed Services (“Leaver”), the Employer will continue to be responsible for the Charges outlined in the Commitment Statement in respect of that Leaver. However, subject at all times to the ESFA Rules, if the Employer is able to provide a replacement for the Leaver who in the reasonable opinion of Xxxx Xxxxxx College is suitable to continue on the Leaver’s Apprenticeship (“Replacement Apprentice”), and provided that the Replacement Apprentice can commence the Leaver’s programme within 20 Business Days of the Leaver leaving the programme (or such other time as Xxxx Xxxxxx College may agree in writing), the Leaver’s Charges may be applied towards the Charges that would have been payable by the Replacement Apprentice. The Employer will remain liable for any Charges: 5.9.1 that cannot be applied towards a Replacement Apprentice; and 5.1.4 observe all health and safety and security requirements that apply at 5.9.2 are incurred on behalf of a Replacement Apprentice to cover any missed period of the Employer's premises that have been communicated to it under clause 9.1.5, provided that it shall not be liable under this Agreement if, training as a result of such observance, the Replacement Apprentice not starting a course on the usual start date. 5.10 The Employer agrees that it is will be responsible for the Charges in breach full in respect of any Apprentices which are added to the List of its obligations under this AgreementApprentices and for which a Commitment Statement is agreed between the Parties but who commence their Apprenticeship after the commencement of the academic year. 5.2 5.11 The Training Provider shall at all times Employer will be responsible for the duration costs of this Agreement have and maintain any Apprentice Assessment Organisation which exceed 20% of the following policies (as amended from time to time): 5.2.1 data and privacy policy; and 5.2.2 Training Provider complaints policyApprenticeship Framework or Apprenticeship Standard value. 5.3 5.12 If an Apprentice is required to resit or repeat any assessments, the Agreed Services are Government-Employer Co-investment Funded costs of such resit or repeat shall be funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall applyEmployer or student upon Invoicing.

CHARGES, INVOICING AND PAYMENT. 4.1 The Training Provider shall be entitled to invoice monthly the Employer for the Relevant Percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 7.1 The Employer is responsible for payment of the Charges. 4.3 Notwithstanding any other provisions of this Agreement to 7.2 To the extent that the Charges are not actually paid by the ESFA out of from the Government-Employer Co-investment Funding Digital Account, or via Transferred the Agreed Services are not Levy Funds Funded, the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their end-point sat his final assessment. 4.4 7.3 The Charges are stated exclusive of applicable VAT. 4.5 7.4 The Training Provider shall promptly on request provide a VAT invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VAT. 4.6 7.5 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 7.6 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment the Levy Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 7.7 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 8.1 The Training Provider shall: 5.1.1 8.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 8.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Services; 5.1.3 8.1.3 specify in the Request for Services a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services Services, and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 8.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.512.1.5, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 8.1.5 provide a safe and secure environment for all Apprentices 8.1.6 provide details of any accidents/incidents involving employed Apprentices engaged in training activities at the Training Providers or Subcontractors premises/training venues to the Employer 8.1.7 appoint suitably qualified trainers/assessors to undertake formal training and where applicable assessment of the Apprentice in the training venue and/or workplace 8.1.8 notify the Employer if the Apprentice is absent from scheduled centre based lessons and workshops 8.1.9 provide equality of opportunity in all aspects of the Apprenticeship programme 8.1.10 provide the Apprentice where possible, the opportunity to transfer to another organisation able to provide an Apprenticeship Plan substantially similar to the existing Apprenticeship Plan if the Employer is unable to complete the Apprenticeship programme 8.1.11 provide within the training centre all the necessary resources required to complete the Apprenticeship in line with the standard requirements of the Apprenticeship and the ESFA rules 8.1.12 ensure high quality delivery through observations of the Apprentice journey – to include induction/initial assessment, teaching, assessment, progress reviews and exit reviews, sopt checks, audit and also contract and quality reviews where there is a Subcontractor involved in the delivery 8.1.13 be responsible for resolving any disputes between the Employer and any Subcontractor as appropriate 8.1.14 advise the Apprentice and the Employer or essential contacts, including; (a) nominated co-ordinator responsible for the overall programme delivery and any Subcontractors (b) nominated safeguarding and prevent staff, for nominated queries, concerns and reporting of incidents; (c) nominated finance staff, for queries regarding invoices, payments and incentives 8.2 The Training Provider undertakes that it will: 8.2.1 Manage the funding received from the Employer and the ESFA and make appropriate and timely payments to any Subcontractors used for training 8.2.2 Ensure that the Employer contributions payments are collected in accordance with the payment schedule agreed in the Apprenticeship Employer Agreement – Part 2 and recorded on the Apprentices ILR data 8.2.3 Ensure that eligible additional payments are claimed within a timely manner and paid by BACS to the employer within 30 days of receipt of the funding from the ESFA 8.2.4 Reserve the right to recover sums from the Employer in the event that any aspect of the Apprenticeship programme is in breach of the ESFA funding and performance-management rules owing to any act or omission by the Employer 8.3 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data 8.3.1 Data and privacy policyPrivacy Policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.

CHARGES, INVOICING AND PAYMENT. 4.1 7.1 The Training Provider shall be entitled to invoice monthly the Employer monthly for the Relevant Percentage relevant percentage of the Qualifying Charges and the whole of any other charges and the Employer shall pay such invoices within 30 days of receipt of such invoice provided however that the Training Provider shall only be entitled to the Completion Payment once the Apprentice has sat his final assessment. 4.2 7.2 The Employer is responsible for payment of the Charges. 4.3 7.3 Notwithstanding any other provisions of this the Agreement to the extent that the Charges are not actually paid by the ESFA out of the Government-Employer Co-investment Funding Funding, or via Transferred Levy Funds Funds, the Training Provider shall be entitled to invoice the Employer for the Charges in accordance with the Payment Schedule and otherwise at any time for services rendered at any time before the end of the most recently ended month and the Employer shall pay such invoices within 30 days of receipt provided however provided, however, that where the Charges are paid via Transferred Levy Funds, the Training Provider shall only be entitled to the Completion Payment once the Apprentice has taken their sat his final end-point assessment. 4.4 The Charges are stated exclusive of applicable VAT. 4.5 7.4 The Training Provider shall promptly on request provide a VAT an invoice to the Employer in respect of such of the Charges for the Agreed Services as are subject to VATServices. 4.6 7.5 Without prejudice to the obligation on the Employer to pay the Charges the Employer shall provide such assistance to the Training Provider as the Training Provider may reasonably require to obtain any payment to which it may be entitled in respect of the Agreed Services or otherwise pursuant to this agreement under the ESFA Rules. 4.7 7.6 If and to the extent that the Training Provider receives a payment from Government-Employer Co-investment Funding or via Transferred Levy Funds in respect of services for which the Employer has already paid paid, the Training Provider shall apply that payment first in satisfaction of any other sum which is or may become due owing or incurred by the Employer to the Training Provider on any account and thereafter as to any balance in payment to the Employer. 4.8 7.7 Without prejudice to any other rights of the Training Provider any invoice that is not paid when due shall bear interest at the rate of 3 per cent above the base rate for the time being of Barclays Bank plc. 5.1 7.8 The Charges are stated exclusive of applicable VAT. 8.1 The Training Provider shall: 5.1.1 8.1.1 provide the Agreed Services in all material respects in accordance with the applicable Request for Services and Good Industry Practice; 5.1.2 8.1.2 use all reasonable endeavours to meet any performance dates specified in a Request for Servicesthe Apprenticeship Employer Agreement and any Schedule 6; 5.1.3 8.1.3 specify in the Request for Services Apprenticeship Employer Agreement a manager (‘the Services Manager’), to act on behalf of the Training Provider in all matters relating to the Agreed Services and use reasonable endeavours to ensure that the same person acts as the Services Manager for the duration of the Agreed Services; and 5.1.4 8.1.4 observe all health and safety and security requirements that apply at any of the Employer's premises that have been communicated to it under clause 9.1.512.1.6, provided that it shall not be liable under this Agreement if, as a result of such observance, it is in breach of any of its obligations under this Agreement. 5.2 8.1.5 provide a safe and secure environment for all Apprentices 8.1.6 provide details of any accidents/incidents involving employed Apprentices engaged in training activities at the Training Providers or Delivery Partners premises/training venues to the Employer 8.1.7 appoint suitably qualified trainers/assessors to undertake formal training and where applicable assessment of the Apprentice in the training venue and/or workplace 8.1.8 notify the Employer if the Apprentice is absent from scheduled centre based lessons and workshops 8.1.9 provide equality of opportunity in all aspects of the Apprenticeship programme 8.1.10 provide the Apprentice where possible, the opportunity to transfer to another organisation able to provide an Apprenticeship Plan substantially similar to the existing Apprenticeship Plan if the Employer is unable to complete the Apprenticeship programme 8.1.11 provide within the training centre all the necessary resources required to complete the Apprenticeship in line with the standard requirements of the Apprenticeship and the ESFA rules 8.1.12 ensure high quality delivery through observations of the Apprentice journey – to include induction/initial assessment, teaching, assessment, progress reviews and exit reviews, spot checks, audit and also contract and quality reviews where there is a Delivery Partner involved in the delivery 8.1.13 be responsible for resolving any disputes between the Employer and any Delivery Partner as appropriate 8.1.14 advise the Apprentice and the Employer or essential contacts, including; (a) nominated co-ordinator responsible for the overall programme delivery and any Delivery Partners (b) nominated safeguarding and prevent staff, for nominated queries, concerns and reporting of incidents; (c) nominated finance staff, for queries regarding invoices, payments and incentives 8.2 The Training Provider undertakes that it will: 8.2.1 Manage the funding received from the Employer and the ESFA and make appropriate and timely payments to any Delivery Partners used for training 8.2.2 Ensure that the Employer contribution payments are collected in accordance with the payment schedule agreed in the Apprenticeship Employer Agreement – Schedule 6 and recorded on the Apprentices ILR data 8.2.3 Ensure that eligible additional payments are claimed within a timely manner and paid by BACS to the employer within 30 days of receipt of the funding from the ESFA 8.2.4 Reserve the right to recover sums from the Employer in the event that any aspect of the Apprenticeship programme is in breach of the ESFA funding and performance-management rules owing to any act or omission by the Employer 8.3 The Training Provider shall at all times for the duration of this Agreement have and maintain the following policies (as amended from time to time): 5.2.1 data 8.3.1 Data and privacy policyPrivacy Policy; and 5.2.2 Training Provider complaints policy. 5.3 If the Agreed Services are Government-Employer Co-investment Funded or funded by Transferred Levy Funds the provisions of clauses 9, 7 and 8 shall apply.