(part of Worldwide Emigration Ltd.)
Company No.: 05661403
Full Payment Agreement for:
NCLEX-RN® or CGFNS Qualifying Exam
Online Training and Licensing Assistance
Package of Services
(“The Gold Package”)
1. This is a 12 month agreement from
Tuesday 18th of July 2017 05:34:40 AM between Nurses4America (part of Worldwide Emigration Ltd.) of Maxet House, Liverpool Road, Luton, LU1 1RS United Kingdom; henceforth known as the “Training Provider”, “we”, “us” or “our” and you henceforth known as “the student”, “you” or “your”. This agreement is governed by The Consumer Protection (Distance Selling) Regulations Act 2000.
a. The NCLEX-RN® or CGFNS Qualifying Exam is hereunder referred as “the Exam”
b. The Training Provider also includes any agents, representatives, vendors, franchisees who have been officially authorised to act on behalf of Worldwide Emigration Ltd.
2. The training program (“The Gold Package”) comprises of:
a. Exam Online Review 3500 Study Software Access from the date of this agreement to date of expiry of 12 months Licensing Assistance.
b. 12 months Licensing Assistance with obtaining the Authorization to Test for the Exam
3. The Student’s obligations:
a. To participate in the Training program.
b. To pay all fees related to the US Nurse Licensing process which will be explained by the Training provider’s dedicated Licensing Representative (see 4).
c. To contact your licensing representative by telephone or email immediately if you have any enquiries about the licensing process.
d. To immediately follow the Licensing Instructions conveyed by your Licensing representative to increase the possibility of obtaining your Authorization to Test for the exam within 12 months of the start of your Licensing Assistance.
e. To study very vigilantly and dedicate at least seven hours per week to the study of the Training program in order to pass the exam
f. Once the student has passed the exam, the student is obliged to inform the Training Provider as such immediately.
g. Responsible to pay for all retakes and reviews of the exam and if applicable, other related costs if not passed at the first attempt.
4. The Training Provider’s obligations:
a. On the date of first payment to send the relevant online login and password giving you access to our Nurses4America Training Program within 2 office hours of payment. (Office hours are Monday to Friday 9am to 5pm GMT). This password expires on the one year anniversary of this agreement if the full enrolment fee is paid in one payment. If you have paid in instalments then we will extend your Online Training Access to the 12 month anniversary from the date our confidential Licensing Instructions have been emailed to you (see 4b).
b. The Licensing Representative will send the student, Confidential Licensing Instructions (see 9), which once sent either by email or post is no longer in the Training Providers possession and therefore the student is not entitled to any amount of refund full or partial (see 5). These Instructions have our copyright and cannot be shared or disseminated in any way at all
c. All of the instructions are contained within these instructions and the student is expected to follow and understand these instructions quite easily. However we are not obliged to but we will designate one of our dedicated Licensing Representatives for 12 months from the date of the payment of the full fee or; the last instalment payment which is not late; and to assist the student with all the exam registration processing and documentation and processing instructions including fee instructions to become licensed. This is called Licensing Assistance (see 2b). As part of this licensing service we will provide you all the documentation, processing and fee instructions which include but are not limited to instructions about the chosen board of nursing fees, CGFNS CES Report fee, exam fee and any other applicable related 3rd party fees to become licensed, so that all documentation is submitted and presented accordingly and accurately by you. We will not pay any fees or costs which are part of or related to the Licensing Process.
We are not obliged to but we will provide you with telephone and email support and assistance from your in-house licensing representative during these hours ONLY: 6pm-9pm GMT, so that the documentation is submitted and presented accordingly and accurately by you. This support is extra and we are under no obligation to support the student and it can be withdrawn with no notice at any time.
Some of our Licensing Representatives are third party suppliers and we can’t vouch for their standard of work but we hold them to the same standard as our employees with regular oversight and scrutiny of their work.
d. We cannot guarantee that you will obtain the Authorization to Test for the exam or that it will be granted within the 12 month Licensing Assistance period. This is the sole decision and at the sole discretion of the US Nurse licensing authorities or CGFNS. Nor can we can vouch for your nursing school’s competence in transcript work but we can liaise with them on your behalf if there are any concerns or problems. We can’t under any circumstances estimate or predict the outcome of the Credentialing process even if your College of Nursing is no longer extant. We can’t confirm if your College of Nursing is currently extant and if it isn’t we can’t foresee the outcome of the Licensing Process.
e. We cannot be held responsible for any costs that have been incurred from any previous/outstanding/existing application.
f. Your Licensing Representative will work diligently and expeditiously with you so that all documentation regarding Licensing can be submitted by you within this 12 month Licensing Assistance period. The Training Provider cannot be responsible for any delays from your Nursing College; Current Board of Nursing; US Nursing Authorities and any other organisations involved in the Licensing Process; however the whole Licensing process normally is completed within 12 months.
g. This clause is applicable if you currently reside in a country where you can take the NCLEX-RN exam. We have researched and at least twice a year research every US board of nursing to ensure we are apprised of the most current and updated legalities with all US boards of nursing. For this reason this information is confidential and once sent to you this deems our services non-refundable. The board of nursing that your Licensing Representative will instruct you to use and will assist in the application of has a requirement that a US Social Security number is not required. Hence that board of nursing is used. This means that you do not have to work in that particular US state. The purpose of obtaining the NCLEX via that particular Board of Nursing is so that any US employer can verify that you are a qualified US Registered Nurse. If they require your NCLEX-RN certificate to be endorsed to another state we can also assist them using our NCLEX Endorsement Service which is GBP£395.00
h. This 12 month Licensing Assistance period does not include any time required for appeals procedures, re-evaluations and application re-submittals.
i) After this 12 month period has expired the student will no longer be able to access the online training or receive help from their licensing representative unless renewal fees are paid (see 20).
i. Or we will submit your cv to one of our US sponsor employers who if they select you for interview will interview you and if they offer you a job will give you a “conditional job offer”. The main condition being that you need to pass the NCLEX-RN exam (and IELTS if necessary). By signing their employment contract they will provide Licensing Assistance similar to as described in Clause 4 and we will not provide that assistance although we will help you in gathering documents and facilitating and coordinating their assistance as required.
5. Refund Policy:
a. Once Nurses 4 America has informed you of the fact that you will not be entitled to a refund in writing, email or on our website: www.nurses4america.com and this notice has been given before finalising this agreement, then you will not be entitled to get and we will not give a refund once the performance of the services have begun.
b. We do not accept responsibility for issues you encounter from the Training Program which arise from your own or your country agent’s PC AND/OR device. Examples of this include but not limited to: viruses, Malware, Damaged hardware, poor signal from either mobile data or from Wi-Fi, Incompatible Software AND/OR Operating System, Software Firewalls And/OR other security packages which block access to the software, University or Work Blockage to our website and/or training servers by use of firewalls or other means, issues with your ISP (Internet Service Provider) such as the ISP having DNS issues or general connection trouble if your internet connection has issues: please speak to those responsible for maintaining it. We check your login to ensure that your user login and password works when we send it out to a student, and if the student has issues we will re-test the password to ensure that there is no fault with our server or that human error has not occurred and that we have not accidentally sent you out the incorrect password (although we do our best to ensure this is never the case, because all passwords are generated and tested manually it is possible a faulty one may slip through on a very rare basis. We will immediately correct the password if this occurs so please inform us immediately). We also help you with certain issues of the software which we can control such as: resetting your password to an easier one so it is easier to remember or because you feel it has become compromised (such as someone else has discovered it which could interfere with your training) or because you have lost your login details.
c. We MAY provide general suggestions for help if your internet browser or firewall or other pieces of software require small changes in configuration such as cookies or suggestions on firewall settings but IT IS NOT OUR RESPONSIBILITY TO DO SO but we will in many circumstances try to help our client regardless. If your own hardware or software is not compatible with our NCLEX Training Software we do NOT accept responsibility for this and it is not grounds for any refund. We can however provide advice on ways to improve compatibility with the software examples include but not limited to: recommendations for internet browsers, new software to download, hardware and suggestions on software to update – but this advice is taken as an ‘as is’ basis and we do not accept responsibility for issues which arise of this advice such as possible software conflicts or loss of data or any other damage to either your data, hardware, software or any other issues arising from our advice.
6. Service interruptions:
- Occasionally our own servers may experience internet connection trouble too which can be from a wide variety of causes. It is a very rare event for our service to be interrupted, but if it is interrupted for a period that is 24 hours (or greater) we will ‘credit’ your account with equal time to the interruption of your service. For example, if our servers go down for a period of 1 day you will be given 1 days extra access in return.
- For security purposes we may need to perform planned maintenance on our training servers or programs for a variety of different reasons including updating the training program, additional servers or moving of servers to faster hardware or for security. In cases of planned maintenance we will inform you a period of at least 48 hours (2 days) before the work begins. 99 percent of the time, this work will be finished in a period of 1 to 2 hours, and we will conduct this work in a period we have quantified there to be minimal traffic from our users. However, if in the very unlikely event access is down for a period greater than 24 hours we will credit your account for a period of time equal to this ‘down time’.
- If emergency maintenance needs to be undertaken (such as hardware failure of our servers, or an emergency security issue) we will do our utmost to keep users informed if this failure lasts a period greater than 1 to 2 hours. We will also ‘credit’ your account equal to the time lost if greater than 24 hours total. For example – 1 day down time means you will get 1 day extra access.
- Please note service interruptions are only covering your loss of access if the trouble is at our end – our own servers: Hardware, internet connections or software. We monitor our hardware regularly to ensure these issues are rare. If the fault is not our own (such as your own internet connection being faulty) you will not receive credit for time lost as your ‘access’ to the training program was always available on our servers. If you have trouble connecting to websites then please contact your own internet service provider (ISP) for troubleshooting.
- Please note that we cannot support roaming connections Such as those on a 3G/4G network or Wi-Fi. Our software requires an active internet connection. Therefore because of these issues we strongly recommend that you study from home so that you are in a controlled study environment.
- We cannot guarantee that the training program will function on all tablets and mobile (cell) phones We have conducted in-house testing on the most popular versions of these devices and have concluded that the training program works on most devices BUT the regular updates to both the hardware, web browsers and operating systems make it impossible for us to guarantee compatibility.
7. Termination with cause:
If either party breaches a material term of this agreement either party may terminate this Agreement and either party may terminate this agreement if the breaching party does not cure such breach within 10 days after receiving written notice of such breach.
8. Termination of Rights:
Upon termination or expiration of this agreement or any benefit provided hereunder. The student shall have no further rights or obligations as applicable under this Agreement or in conjunction with terminated or expired benefit.
9. Confidential Information:
As used in this Agreement, “Confidential Information” means any and all trade secrets. All the confidential information that is sent to you is copyright of Worldwide Emigration Ltd. Information marked as confidential or that the student should reasonably have known to be confidential that is made available to the student by the training provider, in its sole discretion. The Student shall not make use of, disseminate or in any way disclose the training providers Confidential Information. Except to the extent necessary for the Student’s performance under this Agreement and any other purpose the training provider may hereafter authorise in writing. The student shall treat the training provider’s confidential information with the same degree of care as it accords to its own confidential information but in no event with less than reasonable care.
10. Cease to exist:
The training provider will notify the student within seven days if they sell their Business, cease trading or vacate their premises. The training provider will notify the student within seven days if there is any change to any of the principals and/or trading name. The training provider will advise the student of forwarding addresses and contact phone numbers if possible. If we cease to exist as a trading entity then we will not continue provide any of the services outlined above.
11. Limited Warranties:
The training provider shall use reasonable efforts to provide the benefits under this agreement in a professional manner. The training provider cannot guarantee that every question or problem raised by the Student will be resolved. Certain technical issues may from time to time, result in service interruptions. Students will not hold the training provider responsible for the consequences of such interruptions.
If any provision of this Agreement is unenforceable or invalid under any law or be so held by applicable court or arbitrator’s decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable invalid provision within the limits of applicable law of applicable court decisions.
13 Additional Benefits:
Member’s Benefits may include Benefits for which additional terms and conditions apply. Such terms and conditions, if any, are or will be attached hereto as Appendices.
14. Code of Conduct for Members:
During the term, Student shall conduct its activities in an ethical manner and in a way that reflects favourably on itself and the training provider.
15. Intellectual Property:
All materials, including without limitation, the Products, and any associated documents, drawings, models, apparatus, sketches, designs, and lists provided or made accessible to Student by the training provider in connection with the Program shall remain the sole and exclusive property of the training provider, its licensors and suppliers and shall be returned to the training provider promptly at request, together with any copies thereof. Student shall abide by the terms of all applicable End User License Agreement(s) or such other agreement(s) as may be agreed to by the parties. With respect to technical information Student may provide to Training provider in connection with any Products, Training provider may use such information for purposes relating to this Agreement including, without limitation, product support and development.
16. Complete Agreement:
Each Exhibit and Appendix attached hereto is incorporated by this reference and made a part of this Agreement as if its terms were fully set forth in the body of this Agreement. This Agreement, including all such Exhibits and Appendices, constitutes the entire agreement between the training provider and Student and supersedes and terminates any and all prior agreements or contracts, written or oral, entered into between the parties relating to the subject matter hereof. In the event of any inconsistency between this Agreement and the provisions in any Membership Application, the terms of this Agreement shall govern. In addition, if there is any inconsistency between this Agreement and the Appendix(ices), for the Appendices the terms of the Appendix(ices) shall govern. This Agreement shall not be modified except by a subsequently dated written amendment signed on behalf of Adobe and Member by their duly authorized representatives. Any additional services, Products or Benefits added to this Agreement by notice from the training provider will be governed by the terms of this Agreement. EACH PARTY AGREES THAT IT HAS ONLY RELIED UPON THE REPRESENTATIONS EXPRESSLY SET OUT IN THIS AGREEMENT. NEITHER PARTY WILL BE LIABLE FOR ANY REPRESENTATION MADE PRIOR TO ENTERING INTO THIS AGREEMENT EXCEPT AS EXPRESSLY SET FORTH OTHERWISE HEREIN, UNLESS SUCH REPRESENTATION IS FRAUDULENTLY MADE.
Except and unless expressly permitted in this Agreement, Student may not: reproduce, alter, enhance, modify, prepare derivative works of display, publish, disclose, distribute, rent, sublicense, lease, sell, transfer, assign or otherwise use the training programme; Licensing Information; and all other content in whole or in part, without limiting the foregoing.
18. Free Recruitment Service:
As a free service we may forward your resume to at least one of our recruitment partners who will provide US nursing recruitment services. This is a free service which you are NOT paying for and it is undertaken at our discretion and we are under no obligation to do so. We are not responsible for the recruitment and immigration outcomes that our recruitment partners or their contracted employers provide.
19. The Fees:
a. One full payment of GBP£895.00 to be paid on the date of this agreement or;
b. Two equal payments of £447.50 the first payment of which to be paid on the date of this agreement and the second payment within 30 days of the first payment or;
c. Three equal payments of £298.33 the first payment to be paid on the date of this agreement and the subsequent payments within 30 days of the preceding payment or;
d. Four equal payments of £223.75 the first payment to be paid on the date of this agreement and the subsequent payments within 30 days of the preceding payment or;
e. Five equal payments of £200.00 the first payment to be paid on the date of this agreement and the subsequent payments within 30 days of the preceding payment or;
f. Six equal payments of £180.00 the first payment to be paid on the date of this agreement and the subsequent payments within 30 days of the preceding payment or;
g. If any instalment payments are paid more than 30 days after the preceding payment i.e. a late payment then all our services will be cancelled and if you want to continue with our services then you will have to pay the full balance owing plus a £57.50 administrative fee but your 12 months Licensing Assistance and your Online Training Program User Access will still expire 12 months after the last payment was supposed to have been paid.
h. You are entitled to pay towards the fee of £895.00 with no extra charge by also paying extra payments but this facility is only within the first three months of the first payment.
20. Renewal Fees:
Once the 12 month Licensing Assistance period has expired you can renew the above services on the same terms and conditions and we will quote you our renewal fees at the time of renewal.
21. Force Majeure:
The training provider shall not be liable for any failure or delay in performance under this Agreement that might be due, in whole or in part, directly or indirectly, to any contingency, delay, failure, or cause of any nature beyond the reasonable control of such party, including, without in any way limiting the generality of the foregoing, fire, explosion, earthquake, storm, flood or other weather, unavailability of necessary utilities or raw materials, including phone, Internet or other communications systems, strike, lockout, unavailability of components, activities of a combination of workmen or other labour difficulties, war, insurrection, riot, act of God or the public enemy, law, act, order, export control regulations, proclamation, decree, regulations, ordinance, or instructions of Government or other public authorities, or judgment or decree of a court of competent jurisdiction (not arising out of breach by such party of this Agreement).
22. Warranty: STUDENT WARRANTS THAT IT HAS FULL POWER AND AUTHORITY TO ENTER INTO AND PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT AND THAT THE PERSON SIGNING THIS AGREEMENT ON MEMBER’S BEHALF HAS BEEN DULY AUTHORIZED AND EMPOWERED TO ENTER INTO THIS AGREEMENT. STUDENT WARRANTS THAT THIS AGREEMENT IS NOT LIMITED OR RESTRICTED BY, AND IS NOT IN CONFLICT WITH, ANY COMMERCIAL ARRANGEMENT, OBLIGATION, CONTRACT, AGREEMENT OR OTHER INSTRUMENT TO WHICH STUDENT IS BOUND OR SUBJECT. STUDENT FURTHER WARRANTS THAT IT SHALL COMPLY WITH ALL END USER LICENSE AGREEMENTS AND HASSATISFIED AND FULFILLED ANY BENEFIT PREREQUISITE THAT MAY BE REQUIRED AS PROVIDED HEREUNDER.
Notices may be given by either of us to the other by sending them to the registered office of the other party. Any such notice will be valid if sent by first class post or fax and deemed to be received on the second business day following posting or transmitting.
24. Entire Agreement:
This Agreement comprises the entire agreement between the parties and there are not any agreements, understandings, promises or conditions, oral or written, expressed or implied, concerning the subject matter which are not merged into this contract and superseded hereby. This Agreement may be amended in the future only in writing execute by the parties.
The failure or delay of either party to exercise any right or remedy in connection with this Agreement shall not operate as a waiver of that right or remedy, and the waiver of any breach or infringement shall not operate as a waiver or any subsequent breach or infringement. No waiver shall be effective unless it is in writing, duly signed and communicated to the other.
This Agreement is governed by and interpreted in accordance with English law. The parties agree that the English courts will have nonexclusive jurisdiction to hear any disputes relating to this Agreement.