ADI Terms & Conditions
By reading these terms and conditions you the ADI (Approved Driving Instructor) or “instructor” abide by these terms and conditions. You understand by booking working with LPOD Academy when carrying out courses, you acknowledge and abide by all the terms and conditions set out. Please use our table of contents to easily navigate our terms and conditions.
LPOD Academy is a booking agent that works with candidates and instructors to deliver a niche service of intensive courses. Courses are delivered between the learner and instructor and LPOD helps oversee and facilitate the progression of courses until they are completed.
By working with LPOD Academy, and accepting any courses from us, you are bound by these terms and conditions.
Table Of Contents:
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1. Expectations & General Information On Delivering An Intensive Course
2. Payments
3. ADI Conduct & Behaviour
4. Data Protection / Processing Personal Data
5. Complaints
Expectations & General Information On Booking An Intensive Course
1.1
By taking on any courses with LPOD Academy, you accept that you will complete a course until it’s completed fully. Unless there is an agreement with either you or the learner to close the course down, a complaint has been made or when an agreement to settle a matter occurs, then the expectation is, that all courses taken from LPOD Academy are to be completed in full within the validity of a booking (6 months) with the candidate.
1.2
You the instructor are responsible for ensuring your car is fully insured with the correct insurance, your car is in a road-worthy condition, has a valid MOT when doing courses with LPOD Academy.
1.3
Once a booking deposit has been made and matched to both parties (pupil and driving instructor), the booking is regarded as complete and the deposit is non-refundable to the pupil or the payee of the course booking. Any request to change instructor, change location, or change transmission would be treated as voluntarily cancelling the course (original booking) and a new booking will need to be made (for any new changes, from the original booking) in order to change the instructor, location, transmission & any other aspect of your booking.
1.3
We expect your training vehicle to be presentable and in a fit condition to teach in.
1.4
If you cannot take a candidate to a test, that has either been arranged by LPOD Academy, yourself or the candidate themselves, and the reason for them not being able to sit the test in your vehicle, then the liability of the test fee is on you to pay for another one, if it was your fault if the original test couldn’t go ahead.
1.5
You will provide your ADI badge, a copy of your insurance when signing up with LPOD Academy. We expect all the information asked in the ADI form to be filled out fully.
Payments
2.1
When you accept a course, the learner pays you directly, unless it has been specified we will pay you fully / an additional amount on top of what the candidate pays you. We primarily encourage all payments to be paid by bank transfer, cash or cheque. We state all 3 is suitable to the learner, but when signing up with us mention your preferred payment method.
2.2
Courses are sold on a set price. Once a course has been accepted, then the price listed is the price that is set. Unless there is written confirmation we will add to the payment, to which an email would be sent to you.
2.3
We state to all ADI’s and the candidate in question, that payment of the remaining balance is due no later than 28 days before the agreed start date. If training has been agreed for less than 28 days time from the point of setting the schedule of the training, then payment from the learner is due straightway. Please allow a day grace, for the candidate to make arrangements to make payment.
2.4
We expect all hours to be delivered with the candidate over the agreement set when you first agree the training plan with the learner. If not all hours are delivered within the 6 month validity point of a candidate’s booking (6 months). Any remaining hours, must either be planned out again or reimbursed to the learner in question.
2.5
When contacting the learner, we expect you to inform the candidate of your terms. Please state your cancellation period to the learner. LPOD Academy enacts your terms first, and ours act as secondary terms.
2.6
As an independent contractor (self employed), you are solely responsible for your own National Insurance and Income Tax obligations. Please note that you are not eligible for any additional compensation for holiday leave, and it is your responsibility to factor this into your rates accordingly.
2.7
If additional hours are agreed outside of the original booking with the candidate, then LPOD Academy does not get involved with any affairs relating to training that has been agreed outside of LPOD Academy. You are responsible for setting and enforcing your terms as per your terms.
2.8
If in the eventuality, the course booker/course recipient needs to cancel the course due to extreme circumstances, LPOD Academy, do allow certain conditions where a refund on the deposit may be given and we will ask you to reimburse any paid funds to you. If the course booker/recipient has already paid you in full, then we expect you to come to an arrangement to either, reschedule the training at a later date or reimburse any left over hours.
This will be enacted if the candidate in question provides us one of the following:
- Extreme illness (A medical note from a GP / medical institution must be provided to LPOD Academy by email)
- Bereavement (A coroners note/letter must be provided to LPOD Academy by email)
2.9
If you the instructor need to cancel the course for any reason, we would need you to contact us straightaway. We understand not all courses can go ahead, and would need sufficient notice to make rearrangements with the candidate in question.
2.10
In the event of payment disputes, any cheques not clearing in time, or our terms and conditions not being met, we will support the self-employed instructor to claim loss of earnings through third-party debt collection agencies and or the small claims court. We are very strict on the remaining payment of course bookings – due to the nature of our industry. Intensive driving course instructors rely on their courses to be fulfilled.
ADI Conduct & Behaviour
3.1
Once you have accepted a driving course from LPOD Academy, you will make contact with the candidate within 48 hours of receiving the details. Once communication has been established, we expect you to of planned a start of the course / made an agreement where both of you agree to the plan of action.
3.2
We expect all ADI’s to manage their diary effectively. We expect communication to be of a high standard throughout the length of a candidate’s booking. If any changes / cancellations come up in your diary, we expect you to inform the candidate in question.
3.3
When in communication with the candidate, we expect you to inform of their your terms. This may include your cancellation policy, use of car for test policy and any other policy that is relevant to your driving school. If you don’t have any terms set, we may advise and guide you on how to set your own terms.
3.4
You hold the responsibility for ensuring the safety of your student and all other road users during lessons, and you will consistently teach with utmost care and attention. It is agreed that you will refrain from using a mobile phone or engaging in smoking (including e-cigarettes) while conducting courses with LPOD Academy.
3.5
“LPOD Academy” is a trademark owned by our company and protected under UK law. The use of the name “LPOD Academy” or any variations thereof (e.g., “LPOD”) without our explicit consent is strictly prohibited. Any unauthorised use of the name LPOD Academy will result in the termination of your services with immediate effect.
3.6
If, during your time with us, it comes to our attention that you have made false or derogatory statements about LPOD Academy in public or private, we retain the right to terminate your services immediately.
3.7
If a candidate raises a concern / complaint with LPOD Academy, we will ask for both inputs from the interaction between you and the candidate in question. If ever a complaint is raised with LPOD Academy, we reserve the right to mediate between both parties and then conclude from the situation, whilst acknowledging both parties input.
If it’s deemed that conduct from the instructors side has not been followed, then we will suggest to the instructor to come up with a solution that rectifies the situation and a plan to continue with the course.
In rare cases, we receive a complaint and no response / reply from the instructor has been made. We may have to refer to the learner / candidate to report the ADI to the DVSA and raise a complaint. If there are issues relating to financial disputes / not all hours given, then we may suggest to the candidate to seek legal action / advice.
Data Protection / Processing Personal Data
4.1
Any personal data provided to LPOD Academy by you will be stored and processed in compliance with our Privacy Notice and the Data Protection Act 2018.
4.2
LPOD Academy will only disclose your personal information to third parties in cases where it is legally required or permitted to do so.
4.3
As an instructor for LPOD Academy, you will be considered a ‘Data Processor’. It is essential that you adhere to GDPR regulations and fulfill our stipulated requirements in order to consistently safeguard the personal data of your students.
4.4
If the course receiver is uncontactable the contract remains with the course booker/deposit payer. Any outstanding monies and course balances will be the responsibility of the course booker/deposit payer. Please refer to previous payment terms.
4.5
You are strictly permitted to use personal data provided by LPOD Academy solely for the purpose specified by LPOD Academy, which is arranging and delivering driving tuition. The types of personal data shared with you may include, but are not limited to, name, title, email address, home address, pick up address, telephone number, and mobile telephone number.
4.6
Under no circumstances are you allowed to utilize any personal data provided by LPOD Academy for any other purpose, such as selling personal data to third-party companies or utilising it for marketing other services.
4.7
You are responsible for assessing the risks associated with processing personal data, particularly the risks of data loss or theft. You must implement appropriate security measures in compliance with the current UK GDPR legislation. This includes:
- Personnel Confidentiality: Any of your staff members who have access to LPOD Academy data must adhere to confidentiality obligations.
- Privacy Culture: You are required to foster a culture of privacy in all activities involving personal data.
- Data Encryption: Any electronically stored or transferred LPOD Academy data must be encrypted.
- Secure Disposal: Prior to disposing of any physical electronic storage, you must ensure that all LPOD Academy data is deleted.
- Malicious Software Controls: You must have controls in place to prevent unauthorised access to LPOD Academy data by malicious software.
- Third-Party Contracts: Any third-party processors handling LPOD Academy data must have contractual agreements, including General Terms and Agreements, Data Sharing Agreements, and a Data Sharing Schedule. These contracts must be approved by LPOD Academy before their signature.
- Consent for Data Sharing: You must not share LPOD Academy data with third parties, including sub-contractors, without clear and unambiguous consent from LPOD Academy.
4.8
You are required to assist LPOD Academy in addressing requests made by students or other individuals regarding their Data Subject Rights under Data Protection Laws. This includes requests for accessing or deleting their personal data.
You must promptly notify LPOD Academy if you receive a request from a student related to their personal data and should not respond to the request without documented instructions from LPOD Academy or as required by law. In such cases, you must inform LPOD Academy of the legal requirement before responding.
4.9
In the event of personal data being lost or stolen, you must notify LPOD Academy without undue delay. You should provide sufficient information to enable LPOD Academy to fulfil reporting and response obligations as mandated by Data Protection Laws.
You are expected to cooperate with LPOD Academy, following their directions to assist in the investigation, mitigation, and remediation of any such data loss or theft incidents. It is important to maintain a record of all instances of lost or stolen personal data.
4.10
Personal data should not be retained beyond the necessary period for fulfilling the agreed purpose or meeting legal requirements as outlined in our Privacy Notice. When instructed by LPOD Academy to delete personal data provided by them, you must promptly comply and provide written confirmation of deletion.
4.11
If a candidate, or someone closely associated with them (such as family or friends), requests information from LPOD Academy about an instructor we have on record, and if the purpose of this request is for a legitimate reason (this includes, but is not limited to, initiating legal proceedings), LPOD Academy reserves the right to disclose this information to the requesting party.
Complaints
5.1
If we receive a complaint from the candidate in question, or somebody acting on behalf of the candidate (e.g. parent, spouse etc) then we will ask them to send us a complaint over with all the information the situation. Once received, we will then contact you the instructor to provide your account, and we mediate between both parties.
If by our conclusion, that no term was broken or conduct has been followed, then we will prompt you to approach the learner and reorganise another plan. This will deem the complaint has settled and the course will be continuing from this point.
If by our conclusion, there was no a breach / misconduct to the process of one of our courses. We will inform you of what to do next and inform the candidate of what you will intend to / provide moving forward.
5.2
If we receive a complaint from the candidate, and we don’t hear back from you the instructor within a reasonable time frame, we have every right to inform the learner of how they can report any misconduct to relevant agencies such as the DVSA. If we get repeated complaints from candidates, we will terminate working with you and cease to have you part of LPOD Academy.
5.3
In extreme circumstances, where is there is a payment dispute raised, hours not been fulfilled and communication has not been established for a long time. We will inform the candidate in question of their options to report and (in rare cases) submit a monies claim if they haven’t received a full service.