Certification Agreement

1 Parties

1.1 AI in Education ("AiEd") – a registered charity in England & Wales (no. 1212733) with its principal office at Ruxley Lane, Epsom, Surrey KT19 9JW.

1.2 The Institution – organisation purchasing the certification scheme ("the Institution"). AiEd and the Institution are each a "Party" and together the "Parties".

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2 Purpose & Background

AiEd operates a national certification programme that recognises effective, ethical and strategic adoption of artificial intelligence in education (the "Programme").

The Institution wishes to participate in the Programme and AiEd agrees to provide access to the Programme resources and assessment services on the terms of this Agreement.

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3 Term

3.1 This Agreement begins on the Effective Date (being the date it is signed by the last Party) and ends on the earlier of:
a) award of Certification and expiry of the Certification Term (clause 9.4); or
b) thirty six (36) months after the Effective Date if Certification has not been achieved.
3.2 Clauses intended to survive expiry (e.g., Intellectual Property, Confidentiality, Liability) continue in force.

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4 Programme Components

4.1 Framework – criteria across five domains (AI Literacy; Policies & Ethics; Tools & Systems; Digital Pedagogy; Collaboration & Community) and three levels (Explorer, Practitioner, Innovator).

4.2 Platform – the PebblePad online workspace configured by AiEd for self-assessment, evidence submission and assessor dialogue.

4.3 Guidance Materials – handbooks, webinars and exemplars supplied by AiEd.

4.4 Badge & Marks – digital assets issued on award of Certification.

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5 AiEd Responsibilities

AiEd shall:

5.1 provision of one (1) institution account on the Platform;

5.2 provide videos and in-platform guidance to support seamless onboarding with the Platform;

5.3 deliver a dedicated onboarding session (live or recorded) on request and provide helpdesk support during Business Hours;

5.3 maintain Platform availability in line with PebblePad’s 99.5 % monthly uptime target (excluding planned maintenance notified at least 48 hours in advance);

5.4 assign Assessors to review the Institution’s submission and communicate an outcome within six (6) weeks of the Submission; and

5.5 store all data on UK based servers certified to ISO27001 (or equivalent) security standard

The Institution shall:

6.1 appoint a primary contact person and keep AiEd informed of any change;

6.2 ensure all information and evidence provided is accurate, lawful and its own work;

6.3 minimise the inclusion of Personal Data, and never upload special category or identifiable pupil data unless strictly necessary and lawfully justified;

6.4 keep Platform credentials secure and report any suspected breach without undue delay;

6.5 respond to assessor clarification requests within fifteen (15) Business Days;

6.6 comply with the Framework, Brand Guidelines, Platform Terms of Use and all Applicable Laws; and

6.7 pay Fees in accordance with clause 8.

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7 Certification Process

7.1 The Institution completes self-assessment and uploads evidence to the Platform by the Submission Deadline published by AiEd.

7.2 One round of written clarification may be requested by the Institution prior to submission free of charge. Additional resubmissions incur the Resubmission Fee in Schedule B.

7.3 Assessors may recommend award at a lower Level than applied for if those criteria are met.

7.4 Certification decisions are subject to internal moderation and AiEd’s published appeals procedure.

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8 Fees & Payment

8.1 The Institution shall pay the Fees set out in Schedule B within thirty (30) days of invoice. VAT is chargeable where applicable.

8.2 Except where AiEd cancels the Programme (clause 12.3 b), Fees are non-refundable.

8.3 The Institution must provide full details for billing as set out at clause 20 as part of these terms and conditions and prior to access to the Platform being provided.

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9 Certification Term & Use of Marks

9.1 On successful Assessment AiEd will issue a digital Badge, a certificate in PDF format and an entry in the public directory of certified institutions (unless the Institution opts out in writing).

9.2 AiEd grants the Institution a non-exclusive, revocable licence to display the Badge and Marks for the Certification Term in accordance with AiEd’s Brand Guidelines.

9.3 The Institution shall not alter the Badge or Marks or use them in a way that contravenes the branding standards and guidelines.

9.4 Certification is valid for three (3) years from the Award Date. An application for re-certification may be submitted during the final year and a discounted rate for this may be applied at AiEd’s discretion.

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10 Intellectual Property

10.1 AiEd (or its licensors) retains all intellectual property rights and copyright for the Framework, Guidance Materials, Marks and assessment methodology. Nothing in this Agreement shall operate to transfer any such rights to the Institution.

10.2 The Institution retains ownership of intellectual property rights in its evidence and grants AiEd a worldwide, royalty free licence to use the evidence solely for assessment, moderation, quality assurance and anonymised research and case study publication.

10.3 The Institution shall not copy, distribute, modify, or create derivative works from the Framework, guidance material, marks and assessment methodology except as expressly permitted by this Agreement.

10.4 The Institution agrees to acknowledge AiEd as the owner of the Framework, Guidance materials, marks and assessment methodology in all uses, presentations, or publications involving the same.

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11 Confidentiality

11.1 Each Party shall keep the other’s Confidential Information confidential and use it only to perform this Agreement.

‍11.2 Permitted disclosures: employees, advisers and subcontractors bound by equivalent obligations; or where required by law, court order or regulatory authority.

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12 Data Protection

12.1 Roles: AiEd is Data Controller for Applicant Data and Data Processor for any Personal Data contained in evidence; the Institution remains Data Controller for that Personal Data.

12.2 The Data Processing Addendum in Schedule C applies.

12.3 AiEd shall notify the Institution of any Personal Data breach without undue delay and cooperate with reasonable data subject requests or regulator enquiries relating to the Programme.

12.4 The Institution shall cooperate with any requests from AiEd to remove any personal data and / or personal sensitive data uploaded as part of evidence submissions.

12.5 AiEd is registered with the Information Commissioner’s Office (ICO) under registration number: ZB899782

12.6 Queries regarding data protection should be directed in the first instance to dpo@bourne.education.

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13 Warranties

13.1 Each Party warrants that it has authority to enter into this Agreement.

13.2 AiEd warrants that it will deliver the Programme services with reasonable skill and care.

13.3 Except as expressly stated, all other warranties or conditions (express or implied) are excluded to the extent permitted by law.

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14 Liability

14.1 Nothing in this Agreement limits liability for death, personal injury, fraud or any other liability that cannot lawfully be limited.‍

14.2 Neither Party shall be liable for indirect or consequential loss, loss of profits, reputation or data.

14.3 The Institute shall indemnify AiEd against any claims, losses, damages, or expenses arising from the Institute’s misuse of the Framework or breach of this Agreement.

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15 Suspension & Termination

15.1 Either Party may terminate with immediate effect by written notice if the other Party commits a material breach and fails to remedy within thirty (30) days.

15.2 AiEd may suspend Platform access and/or withdraw Certification if:
a) Fees are overdue by more than thirty (30) days following written reminder;

b) evidence is found to be fraudulent or plagiarised;

c) a serious safeguarding, data protection or legal violation occurs; or

d) the Institution is dissolved or ceases substantial operations.

15.3 If AiEd discontinues the Programme entirely before Assessment, Fees paid for undelivered services will be refunded 15.4 On termination or expiry the Institution shall cease all use of the Badge and Marks within thirty (30) days.

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16 Force Majeure

Neither Party is liable for delay or failure caused by events outside its reasonable control, provided it notifies the other Party promptly. Force Majeure Events include (but are not limited to) acts of God, war, riot, civil commotion, industrial action, acts of government, fire, flood, storm, pandemic or epidemic, or any other similar event.

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17 Dispute Resolution

17.1 The Parties will first seek to resolve disputes through good faith discussions between senior representatives.

‍17.2 If unresolved within thirty (30) days either Party may propose mediation.

‍17.3 Nothing prevents either Party from issuing court proceedings at any time where urgent relief is required.

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18 General

18.1 Variation – must be in writing signed by authorised representatives of both Parties.

18.2 Assignment – neither Party may assign this Agreement without the other’s written consent (not unreasonably withheld).

18.3 Severance – invalid provisions will be modified or, if necessary, deleted without affecting the remainder.

18.4 No partnership – the Agreement creates no agency or partnership.

18.5 Third party rights – no third party may enforce any term under the Contracts (Rights of Third Parties) Act 1999.

18.6 Entire agreement – this Agreement (including Schedules) replaces all prior understandings relating to its subject matter.

18.7 Governing law & jurisdiction – English law governs; courts of England & Wales have exclusive jurisdiction.

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19 Notices

19.1 Written notices shall be delivered by recorded delivery post or by email (with confirmation of receipt) to the addresses in Schedule D.

19.2 The Institution should complete relevant contact details at Schedule D.

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20 Execution

Executed by the Parties through their duly authorised signatories:

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Schedule A – Key Definitions

Applicant Data – administrative and contact information supplied by the Institution during registration. Award Date – the date AiEd notifies the Institution of Certification.

Badge – the digital emblem issued by AiEd evidencing Certification.

Business Day – any day other than Saturday, Sunday or public holiday in England when banks are open.

Business hours – 9am to 5pm Monday to Friday

Certification – formal recognition that Framework criteria have been met at a specified Level. Certification Term – three-year period commencing on the Award Date.

Clarification Request – assessor request for further information prior to decision.

Confidential Information – information labelled confidential or reasonably understood as confidential. Evidence – all files, links or media submitted by the Institution for assessment.

Fees – charges listed in Schedule B.

Framework – criteria and guidance published by AiEd and referenced in clause 4.1.

Level – Explorer, Practitioner or Innovator.

Personal Data – as defined in UK GDPR.

Platform – PebblePad instance configured for the Programme.

Submission Deadline – the deadline published in the Platform or by email for a given assessment window.

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Schedule B – Fees

Institutions enrolling more than one school or college under its leadership, or institutions applying for re-certification in their final year of certification, are eligible to negotiate a discounted rate.

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Certification Agreement

7 Certification Process

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