General terms and conditions for commissioned education at Karlstad University

UPPDRAGS AB (KUUAB)

Karlstads universitets uppdrags AB (KUUAB) is Karlstad University’s wholly-owned subsidiary, founded by Karlstad University (Kau) to coordinate, sell, market and administer commissions and commissioned education. It also entails coordinating the rental of equipment and laboratory facilities. KUUAB has the right to enter into agreements on behalf of Kau for these commissions.

COMMISSIONED EDUCATION

• Kau has the right to conduct commissioned education pursuant to the Ordinance on contract education at higher education institutions (2002:760).

Commissioned education is a tool to further skills development for professionals, paid for by the employer. Commissioned education is sometimes conducted for labour market or development assistance policy reasons. Private individuals and sole traders cannot take part in commissioned education.

Employees can enrol in commissioned education only if their employer (the Client) approves their participation. If the Client is a company, the training must be relevant to the operations of the company. The Client decides which employees (Participants) may participate in commissioned education. Commissioned education participants are exempt from general entry requirements for university studies. In order for commissioned education to award credits, there must be an approved syllabus in place and the Participant must pass mandatory examination(s).

Participants, not students

Participants in commissioned education are not considered students and are not covered by the Higher Education Ordinance. Participants are therefore not entitled to study guidance or student health services, and leave from studies is not permitted.

If the studies are part of commissioned education pursuant to the Ordinance on Contract Education at Higher Education Institutions (2002:760), they do not entitle participants to loans and grants for studies. However, if the studies are part of commissioned education pursuant to the Ordinance on Contract Education for Teachers and Preschool Teachers (2007:223), they do entitle participants to student loans and grants.

1. DEFINITIONS

Agreement: legally binding agreement between Kau and the Client according to Section 2.

Participant: a Client employee participating in commissioned education, or person participating in commissioned education for reasons related to labour market or development assistance policies.

Principal Agreement: quote, order, agreement or course registration.

Client: commissioner/purchaser of commissioned education.

Parties: The Client and Kau via KUUAB.

Tailor-made course: a course designed and adapted according to Client specifications.

Commission: education in accordance with the Principal Agreement.

Open course: standard course set-up, marketed by KUUAB and offered by Kau.

2. VALIDITY

2.1 These General Terms and Conditions apply, unless otherwise stated in the Principal Agreement or in a separate agreement with Kau. Such an arrangement must be formalised in writing, signed by authorised representatives of both Parties, and be attached to the Principal Agreement to be binding.

2.2 Agreement is considered to become binding when;

• Open course: a registration confirmation has been sent from KUUAB to the participants.
• Tailor-made course: the Client acceptance reaches KUUAB via the KUUAB order form or upon both Parties’ signature of the Principal Agreement.

2.3 Rights and obligations under the Agreement may not be transferred without written consent from an authorised representative of KUUAB.

3. COMMISSIONED EDUCATION IN PRACTICE 

3.1 Kau is responsible for ensuring that commissioned education is carried out in a professional manner and in accordance with the Ordinance on Contract Education at Higher Education Institutions (2002:760).

3.2 The Client must ensure that the Participants possess the prior knowledge and skills required to benefit from the course.

3.3 Kau has the right to replace staff with other staff members of equal skill sets when necessary. Kau also has the right to appoint a subcontractor to perform parts of the Commission.

3.4 Kau reserves the right to cancel or change the time and/or location of a Commission, for instance, if a lecturer becomes indisposed or if there are not enough participants.

3.5 If a cancellation or changed time and/or location causes a Participant to deregister, Kau is to return any course fees already received. No further compensation will be offered.

3.6 Significant changes to a tailor-made course require a written agreement signed by both Parties. Kau is entitled to reasonable compensation for any additional expenses.

3.7 In the case of distance education, the Client must ensure that the bit rate and the technical equipment are sufficient to allow the Participants to benefit from the course.

3.8 One exam is included in the listed price. For any further exams, a fee is negotiated with the Client based on the character of the exam. The size of the fee depends on the nature of the exam in question. However, a Participant can never take more exams than what is stated in the course syllabus or Kau’s general examination provisions.

4. PAYMENT

4.1 The invoice must be paid within thirty (30) days from the invoice date. Outgoing taxes and other legislated fees may apply.

4.2 If a payment is overdue, Kau has the right to charge interest for late payment according to the Interest Act (1975:635).

5. CANCELLATION

5.1

• Open course: upon cancellations made up to six (6) weeks prior to the start of the course, 50% of the fee will be charged. Upon cancellations made later than six (6) weeks prior to the start of the course, the fee will be charged in full.
• Tailor-made courses totalling less than one price base amount: upon cancellations up to six (6) weeks prior to the start of the course/commission, 50% of the fee will be charged. Upon cancellations made later than six (6) weeks prior to the start of the course/commission, the fee will be charged in full.
• Tailor-made courses totalling more than one price base amount: upon cancellation, the fee will be charged in full.

5.2 Cancellation must be made in writing to KUUAB.

5.3 Kau/KUUAB is entitled to reasonable compensation for any costs related to tailor-made courses incurred prior to cancellation.

6. PARTICIPANT REPLACEMENT

6.1 If the Client notifies Kau that a Participant has become indisposed, the Client may replace that person prior to the course starting with another participant deemed by the Client to be equally capable of passing the course.

7. SPECIAL ASSISTANCE

7.1 Participants in need of special assistance due to a disability or literacy issues can receive such assistance if the need is reported at least six (6) weeks prior to the course starting. The Client is responsible for any and all additional costs that may arise.

8. CREDIT TRANSFER

8.1 General commissioned education: Pursuant to the Ordinance on Commissioned Education at Higher Education Institutions (2002:760), those who have completed commissioned education that meets the same quality requirements as the corresponding education at undergraduate and postgraduate levels are entitled to recognition of their credits in first and second-cycle higher education.

However, participants are not entitled to credit transfer for previous studies in a commissioned course.

8.2 Special commissioned education: Special provisions apply to commissioned education pursuant to the Ordinance (2007:223) on Contract Education for Teachers, Preschool Teachers and Certain Other Staff (“Lärarlyftet”, the government CPD initiative for teachers) and for professional training for school heads and other people with corresponding leadership positions in school, preschool and extended school as well as continuing professional development for school heads and preschool managers according to the Ordinance 2011:183 (the National School Leadership Training Programme).

8.2.1 Lärarlyftet (the government CPD initiative for teachers): Those who have completed Lärarlyftet are entitled to recognition of their credits in first and second-cycle higher education. According to the University’s agreement with the Swedish Agency for Education, participants in Lärarlyftet II also have the opportunity to transfer credits and have prior learning recognised within the framework of Lärarlyftet II, unless there is a significant difference between the courses.

8.2.2 The National School Leadership Training Programme: Those who have completed professional training in accordance with the Ordinance 2011:183 are entitled to recognition of their credits in first and second-cycle higher education. The ordinance also includes specific rules for credit transfer in professional training programmes.

9. DISCIPLINARY MEASURES

9.1 Upon suspicion of attempted deception during examination, as part of a course including mandatory examination components, Kau applies the same provisions as stipulated in Chapter 10 of the Higher Education Ordinance (1993:100) on disciplinary measures. An investigation takes place in accordance with Kau’s procedures for the handling of disciplinary matters. The Client is responsible for any costs related to the investigation. If the university’s disciplinary board finds that the participant has attempted to deceive during the examination, the participant’s employer is informed and the examiner makes a decision as to whether or not the examination in question should receive a fail grade.

10. COMPLAINTS

10.1 Complaints must be filed without delay and never more than thirty (30) days after the issue was discovered or should have been discovered. Complaints must be filed in writing to KUUAB and contain a description of the issue.

10.2 In the event of a complaint, Kau must wherever possible take action to rectify the issue. If the issue is rectified within a reasonable time frame, no demand for reimbursement, price reduction, compensation or similar may be directed at Kau or KUUAB. If the issue can be rectified but is not resolved within a reasonable time frame, the Client is entitled to a price reduction that is fair with regard to the nature of the issue.

11. LIABILITY FOR DAMAGE 

11.1 The Client is responsible for any material damage caused by either the Participants or the Client. The Client is responsible for ensuring that the Participants are covered by applicable insurance, including occupational injury insurance, throughout the duration of the course.

11.2 Kau is responsible for material damage caused by a Participant only to the extent that it can be demonstrated that such material damage occurred as a result of clearly incorrect or omitted instructions from Kau staff.

11.3 The Client’s right to damages or other compensation due to material damage or personal injury is forfeited unless a compensation claim is submitted in writing to KUUAB without delay and never later than three (3) months from when the damage was discovered or should have been discovered.

11.4 The liability for damages of Kau and KUUAB is limited to loss or damage caused by intent or gross negligence, and does not cover indirect losses, such as loss of profit, loss of production, intellectual property loss, infringement of third-party rights, consequential damages or any other general economic loss. The total liability of Kau and KUUAB can never amount to more than the agreed-upon fee for the commission, and no more than SEK 1,000,000.

12. TERMINATION OF AGREEMENT 

12.1 In the event of a material breach of contract by Kau, the Agreement may be terminated. Firstly, however, a complaint in accordance with Section 10 must be filed, and Kau must be given a reasonable amount of time to address the potential breach of contract.

12.2 In the event that the Client wishes to terminate the agreement, a notice of termination must be sent to KUUAB, stating why the Agreement will be terminated/explaining the particulars regarding the material breach of contract.

12.3 Kau has the right to terminate the agreement with immediate effect if:

• There is a significant change in the ownership structure concerning the Client or the Client’s business.
• The Client is insolvent, has cancelled payments, becomes subject to debt restructuring, has entered composition proceedings, or entered into liquidation.
• The Client is in material breach of contract.

In such cases, Kau has the right to reclaim any and all material delivered to the Client and any and all copies.

13. INTELLECTUAL PROPERTY RIGHTS

13.1 All intellectual property rights covered by the Agreement belong to Kau, unless otherwise agreed in writing between the Parties. The Client is aware that infringement of these rights may lead to legal penalties.

14. PERSONAL DATA

14.1 Kau is the data controller of the processing of personal data that takes place as part of the University’s activities. To be able to carry out the agreed Commission, KUUAB processes personal data on behalf of Kau.

• Information about the processing of personal data and contact details (in Swedish)

15. DISPUTE RESOLUTION

15.1 The Parties should first and foremost strive to reach a mutual agreement. Disputes regarding the interpretation or application of these provisions or other agreements between the Parties and related legal relations shall be resolved by the general court with Värmland District Court as the first instance. If the Client is a government agency, the dispute must instead be resolved through negotiations between the agency heads.

16. GROUNDS FOR EXEMPTION

16.1 1 If any of the Parties’ commitments pursuant to the Agreement are impeded or obstructed by circumstances beyond the Parties’ control, this is considered grounds for exemption, which allows for a delay and exemption from liability for compensation. If the completion of the Agreement is materially hindered for more than six (6) months because of the aforementioned circumstances, both Parties have the right to terminate the Agreement in writing without liability for compensation.