Apprenticeship tax: The tax payable by all employers with an annual payroll of more than £3 million and used to support the financing of apprenticeships. 5.1.10. inform the training provider within 10 working days of any change in the situation of the employer or a trainee that could affect training, funding or other matters related to the service contract; 12.2. The Employer, on its own behalf and on behalf of each Affiliated Employer, shall indemnify ESFA and persons or entities acting on its behalf and shall not hold them liable for all claims, demands, actions, costs, expenses, losses, damages and all other liabilities arising out of or arising out of this Agreement, including, but not limited to, a service contract between the Employer and a Training Provider. This publication is available at www.gov.uk/government/publications/agreement-between-an-employer-and-the-education-and-skills-funding-agency-esfa/esfa-apprenticeship-agreement-for-employers-for-use-of-the-apprenticeship-service-to-access-funded-apprenticeship-training Apprenticeship Standard: Learning Standards Developed by Employers who have adopted both the Standard and the related Evaluation Plan of the Institute for Apprenticeships and Have a Technically Approved Training (IfATE) and are published on the IfATE website www.instituteforapprenticeships.org/ next to the allocated funding range. 5.1.9. have a service contract with a training provider for the provision of training to the trainee; 9.3. The Employer acknowledges that ESFA may be required under the FOIA and the EIRs to disclose information without consultation or consent from the Employer. ESFA takes reasonable steps to inform the employer of a request for information to the extent permitted and reasonably practicable. Nevertheless, and regardless of any other provision of this Agreement, ESFA is responsible for determining, in its sole discretion, whether the information is exempt from disclosure under the FOIA and/or the RIARs. Apprenticeship service: the digital service provided by ESFA for the management and financing of apprenticeships, approved by employers through the service and provided by training providers listed in the register of publicly funded apprenticeship organisations. Apprenticeship contract: an apprenticeship contract www.gov.uk/take-on-an-apprentice/apprenticeship-agreement exists between an employer and an apprentice, either in accordance with sections 32 to 36 (for managers) of the Apprenticeship, Skills, Children and Apprenticeship Act 2009 (for managers) or in section A1 (for standards – an approved English apprenticeship contract). 5.1.3.

Support and cooperation with the training provider and/or the endpoint assessment body so that they can carry out the training in accordance with the funding rules and the service contract concluded between the employer and the training provider; 2.1. This Agreement shall enter into force on the date on which the Employer enters into this Agreement on accounts.manage-apprenticeships.service.gov.uk and shall remain in force unless terminated earlier in accordance with clause 14. 12.1. Subject to clause 12.3, ESFA shall not be liable for any direct or indirect consequences that may arise from the acts and/or omissions of the Employer or any related employer in connection with this Agreement or its respective obligations to third parties, including, but not limited to, a service contract between the Employer and a Training Provider. 13.3. ESFA may withhold or set off the amounts due and due by the Employer against the amounts due to the Employer under this Agreement or any other agreement concluded by the Employer with ESFA. Funding Rules: The ESFA rules for the funding of apprenticeships published on GOV.UK www.gov.uk/guidance/apprenticeship-funding-rules, as revised and amended. 5.1.5. inform ESFA immediately by contacting helpdesk 08000 150600 or helpdesk@manage-apprenticeships.service.gov.uk if the employer has any concerns about the training of the trainee and/or training provider; 18.1. All notices and notices relating to this Agreement must be delivered in writing and in person, by e-mail or first-class mail to the above address of the relevant party or, in the case of an e-mail address or correspondence address, as notified in writing by the relevant party.

The communication shall be deemed to have been notified as follows: 8.3.2. to Parliament and parliamentary committees or where required by a parliamentary reporting obligation; or 10.3. The employer informs the training provider of any suspected or actual breach of the trainee`s personal data. 12.3. Neither party will attempt to limit or exclude its own liability for death or personal injury caused by its own negligence, fraud, fraudulent misrepresentation or any other liability that cannot be limited or excluded by law. b. a party enters into negotiations with all or part of its creditors with a view to restructuring one of its debts, or submits a compromise or agreement with one of its creditors or enters into a compromise or agreement with them (except for the sole purpose of a reconstruction or merger in good faith); Endpoint assessment: an independent assessment of the trainee`s knowledge, skills and behaviour, carried out by an endpoint assessment body after the trainee has passed his or her portal assessment to confirm that he or she has met the requirements of a relevant learning standard. 13.1.4. the employer was not entitled to funding under the funding rules for one or more training places; 7.2. Subject to clause 7.3 below, the Employer may not use any intellectual property rights of ESFA or the Crown without the prior written consent of ESFA. 5.1.7.

put in place procedures and processes to prevent fraud and/or administrative malfunctions; 7.5. In the event of the application of clause 7.4, the employer shall, at the discretion of ESFA, restore or destroy the intellectual property rights required by ESFA and, if necessary, take precautions to ensure that each related employer also complies with the provisions of this clause 7. 8.2. The obligation of confidentiality contained in this clause does not apply or ceases to apply to intellectual property rights, know-how or other commercial, technical or commercial information that: 12.4. Subject to clauses 12.1 and 12.3 above, ESFA`s liability under this Agreement shall be limited to the payment of the Financing in accordance with the Funding Rules. 8.1. Subject to clause 9 (Freedom of Information), each party shall keep secret and confidential all intellectual property rights or know-how or any other commercial information disclosed to it under the Agreement during the term of this Agreement and thereafter. Either party may not disclose it to any person unless it is necessary to perform its obligations under the terms of this Agreement or the other party has expressly authorized it in writing. Training provider: an organisation registered in the register of apprenticeship providers which has concluded a contract with the employer for the training of one or more trainees.

13.1.6. the Employer fails to comply with any of the terms and conditions set out in this Agreement (including the requirements of the Funding Rules) and does not remedy such error within 30 days of receiving written notice of the breach; ESFA: the Secretary of State for Education, acting through the Education and Skills Financing Agency, an executive agency of the Department of Education, whose main address is at Cheylesmore House, Quinton Road, Coventry, CV1 2WT. 17.1. No failure or delay by either party to exercise any right or remedy under this Agreement shall be construed as a waiver of any other right or remedy. This publication is licensed under the terms of the Open Government License v3.0, unless otherwise noted. To view this license, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. d. an insolvency administrator, insolvency administrator or similar official shall be appointed for all or part of the business or assets of the party concerned; iii. in accordance with customary law with respect to fraudulent acts with respect to this Agreement or any other contract with the Crown; or 9.2.4.

not to respond directly to a request for information unless ESFA has approved it in writing. Data protection legislation: means (i) the General Data Protection Regulation (Regulation (EU) 2016/679), the Data Protection Act 2018, including Part 3, which implements the Enforcement Directive (Directive (EU) 2016/680) and all applicable national implementing laws, as amended from time to time….