EBW Global Integrated Terms & Conditions For Assessments, Digital Services, Training And Consultancy

Section 1 - Introduction, Parties, Definitions & Commercial Rules

1. Title And Introduction

1.1 Title of Agreement

This document is the:

EBW Global Integrated Terms & Conditions for Assessments, Digital Services, Training and Consultancy

It constitutes the master agreement governing all EBW Global services, products, platforms, and interactions with:

• EBW Partners (B2B organisational account holders)
• EBW Assessment Partners (certified practitioners)
• Test Administrators
• Assessment Users
• organisations purchasing training, consultancy or digital access
• Consumer Users purchasing Self-Directed Reports or digital services (Appendix 3)

1.2 Parties

This Agreement is between:

Brentfield Consultancy Ltd trading as “EBW Global”
The Joiners Shop
The Historic Dockyard
Chatham
Kent, ME4 4TZ
United Kingdom
(“EBW Global”, “we”, “us”, “our”)

and

The Partner (B2B)
or
The Consumer User (B2C) – as defined in Appendix 3
(“you”, “your”)

This Agreement applies globally unless superseded by written contract.

1.3 Purpose of Agreement

This Agreement governs:

• access to and use of the EBW Assessment Platform
• all EBW assessments, reports, and behavioural tools
• EBW Digital Services (including the EBW Sales Mentor App)
• certification, training and accreditation
• EBW Global consultancy and coaching services
• commercial rules for purchasing, using and reselling EBW assessments
• ethical use of EBW Materials and Reports
• intellectual property protections
• data protection, confidentiality, and security obligations

This Agreement integrates contractual, commercial, ethical, and data protection requirements into one unified legal framework.

1.4 Structure of the Agreement

This Agreement consists of:

Section 1 - Introduction, Parties, Definitions & Commercial Rules

Section 2 - Partner Obligations & Platform Use

Section 3 - Consultancy Services & Digital Services Addendum

Section 4 - Data Processing Agreement (DPA)

Section 5 - Ethical Code, Suspension, Termination & Liability

Appendix 1 - Sales Mentor App Privacy Addendum

Appendix 2 - Sub-Processor Register

Appendix 3 - Consumer Terms (for B2C Digital Purchases)

Appendix 4 - Training, Coaching & Consultancy Commercial Terms

Each part forms an integral component of these Terms & Conditions.

1.5 Relationship to Other Agreements

1.5.1 This Agreement replaces all previous EBW Global terms unless expressly superseded by a later contract.

1.5.2 Where Partners purchase additional bespoke services, any signed Statement of Work (SoW) shall take precedence for the specific project scope.

1.5.3 For B2B Partners, this Agreement applies in full. For B2C users, Appendix 3 applies in addition to essential platform terms.

2. Definitions

2.1 “Client”

“Client” means any paying customer of EBW Global, including:

• organisations purchasing assessments, consultancy, or training
• organisations issuing assessments to Users
• individuals purchasing EBW Digital Services
• B2C buyers purchasing Self-Directed Reports
• any entity or person entering into a commercial relationship with EBW Global

2.2 “EBW Partner” (Organisational Account Holder)

“EBW Partner” means an organisation that:

• holds an EBW Assessment Platform account
• purchases User Credits
• issues EBW assessments
• manages assessment activity within its organisation
• acts as Data Controller for its Assessment Users

This is the organisation, not the EBW Assessment Partner.

2.3 “EBW Assessment Partner” (Certified Individual Practitioner)

“EBW Assessment Partner” means an individual who has successfully completed EBW certification and is authorised to:

• interpret Certification-Required Reports
• provide professional feedback
• supervise Test Administrators
• ensure ethical and compliant use of EBW Materials

This is the trained practitioner, not the organisation.

2.4 “Test Administrator”

A non-certified assistant who may:

• issue assessment codes
• manage logistics on the EBW platform
• download EBW Reports

They must be supervised by an EBW Assessment Partner and must not interpret Certification-Required or Supervised Reports.

2.5 “Assessment User” / “User”

An individual who completes an EBW assessment or receives an EBW Report, including employees, candidates, leaders, managers, and consumers.

2.6 “Consumer User”

A private individual purchasing access to EBW Digital Services (including the Sales Mentor App) or Self-Directed Reports for personal use, outside a business account.

2.7 “Materials”

All EBW assessments, questionnaires, scoring algorithms, models, reports, content, training documents, digital outputs, and related intellectual property.

2.8 “EBW Assessment Platform”

The secure platform operated at ebwlogin.com and associated domains, used to administer EBW assessments.

2.9 “Digital Services”

Any EBW services delivered outside the core Assessment Platform, including the EBW Sales Mentor App and future digital tools and AI-supported services.

2.10 “Sales Mentor App”

An optional Digital Service that securely processes the EBW Sales Compass Report to provide:

• Meeting preparation guidance
• Conversation analysis
• Behavioural improvement suggestions

2.11 Report Classification Categories

A) “Certification-Required Reports” (Category 1)

Reports requiring interpretation by a Certified EBW Assessment Partner:

• Business EQ Compass Reports (Advance)
• Leadership Compass Reports (all versions)
• Team Compass Reports (Advance and Standard)

B) “Supervised Reports” (Category 2)

Reports suitable for use under supervision by a Certified EBW Assessment Partner:

• Business EQ Compass Reports (Development/Coaching)
• Business EQ Compass Reports (Recruitment)

C) “Self-Directed Reports” (Category 3)

Reports safe for independent use, including:

• EBW Sales Compass Report

These are the only reports permitted inside the Sales Mentor App and eligible for B2C sale.

3. Scope Of Agreement

3.1 This Agreement applies to all EBW products, reports, training, consultancy, and digital services.

3.2 Partners must comply with the Report Classification rules at all times.

3.3 This Agreement does not transfer ownership of EBW intellectual property.

3.4 Consumer Users must comply with Appendix 3.

4. Commercial Terms (B2B Partners)

4.1 Purchase and Use of Credits

4.1.1 Credits may be purchased by EBW Partners for use on the EBW Assessment Platform.

4.1.2 Partners may resell assessments and reports to their own clients.

4.1.3 Credits are non-refundable unless stated otherwise.

4.2 Sale and Delivery of EBW Reports

4.2.1 Certification-Required Reports
Must only be interpreted by Certified EBW Assessment Partners.

4.2.2 Supervised Reports
May be used in professional settings if a Certified EBW Assessment Partner supervises.

4.2.3 Self-Directed Reports
May be delivered to Users without professional interpretation.

4.2.4 B2C Use
Only Self-Directed Reports may be sold directly to consumers.

4.3 Subcontracting and Assistants

4.3.1 Test Administrators may assist only under supervision of an EBW Assessment Partner.

4.3.2 Unauthorised subcontracting is prohibited.

4.4 Audit Rights

EBW may audit:

• use of reports
• training compliance
• supervision practices
• reselling and distribution
• use of the Sales Mentor App

Advance notice will be provided unless immediate action is required.

5. Pricing, Payment And Vat

5.1 Fees for assessments, training, digital services and consultancy are payable in advance unless otherwise specified.

5.2 EBW may suspend accounts for non-payment.

5.3 VAT applies where required.

6. Certification & Professional Standards

6.1 Partners must ensure only Certified EBW Assessment Partners interpret Certification-Required Reports.

6.2 Certification does not transfer any intellectual property rights.

6.3 EBW may suspend certification for ethical or professional breaches.

6.4 Partners must comply with the report usage rules in Section 2.11.

Section 2 - Partner Obligations & Platform Terms Of Use

(Fully aligned with GDPR, UK GDPR, EU AI Act 2024, and psychometric best practice)

2.1 Access to the EBW Assessment Platform

2.1.1 Access to the EBW Assessment Platform is granted to EBW Partners and Users strictly for lawful, professional, internal organisational use and in accordance with this Agreement.

2.1.2 EBW Global may issue login credentials, access codes, or two-factor authentication. These must be kept confidential and must not be shared beyond authorised individuals.

2.1.3 EBW Global may monitor access for security, audit, technical support and compliance.

2.2 Obligations of EBW Partners (Organisations)

2.2.1 EBW Partners act as Data Controllers for Assessment Users whose data they input into the EBW Assessment Platform.

2.2.2 EBW Partners shall:

• ensure Users are properly informed before sending assessment invitations
• ensure lawful basis for processing (e.g., employment, consent, legitimate interest)
• supervise Test Administrators
• ensure Certification-Required Reports are only interpreted by a Certified EBW Assessment Partner
• ensure Supervised Reports are used only under appropriate professional supervision
• protect login details and prevent unauthorised access
• comply with all applicable data protection laws, including GDPR Articles 5, 6, 28–29

2.2.3 EBW Partners must ensure all indivuduals using the EBW Platform comply with EBW Global’s:

• Ethical & Professional Guidelines
• Assessment usage rules
• Report classification rules (Section 1.11)

2.3 Obligations of EBW Assessment Partners (Certified Individuals)

2.3.1 Certified EBW Assessment Partners are responsible for:

• interpreting Certification-Required Reports
• supervising Test Administrators
• ensuring Users receive appropriate professional feedback
• ensuring assessment results are not misrepresented
• ensuring EBW assessments are applied ethically and appropriately
• ensuring Users understand the nature, purpose, and use of the assessment

2.3.2 Certification does not grant permission to:

• reproduce EBW intellectual property
• integrate EBW content into other tools
• use EBW content in AI systems (e.g., ChatGPT, LLMs, custom GPTs)
• develop derivative works or tools from EBW models or work
• alter, reverse-engineer or copy EBW algorithms, questions, or reports

2.4 Obligations of Test Administrators

2.4.1 Test Administrators may only:

• purchase assessment credits
• issue User Codes
• send invitations
• download EBW Reports for EBW Assessment Partners
• support platform logistics

2.4.2 They must not:

• interpret Certification-Required Reports
• deliver unsupervised feedback
• use EBW materials beyond authorised instructions
• operate outside the supervision of an EBW Assessment Partner

2.5 Obligations of Users

2.5.1 Users must provide accurate information and comply with instructions for completing the assessment.

2.5.2 Users must not attempt to:

• access other Users’ data
• bypass technical controls
• misuse, copy, or distribute EBW materials
• represent EBW tools as their own

2.5.3 Users accessing the Sales Mentor App must comply with Appendix 1 and Appendix 3.

2.6 Permitted Use of the EBW Assessment Platform

2.6.1 The Platform may only be used to:

• administer EBW assessments
• generate EBW Reports
• access purchased credits
• view training materials authorised by EBW
• use EBW Digital Services in accordance with Appendix 1

2.6.2 Permitted use does not include:

• integrating EBW data with external AI systems
• exporting underlying item data, scoring logic, or behavioural models
• using EBW assessments for scientific research without written permission
• providing EBW Reports to third parties outside the intended context
• developing competing products

2.7 Prohibited Use

2.7.1 The following activities are strictly prohibited:

• copying any EBW Report or assessment content into other tools
• submitting EBW Reports to AI models (e.g., ChatGPT)
• using EBW materials to train machine-learning models
• sharing reports with unqualified individuals (except Self-Directed Reports)
• publishing screenshots, extracts, or narrative sections
• misrepresenting EBW content as original work
• using EBW materials in litigation without approval
• using the platform for unlawful discriminatory practices

2.7.2 EBW may suspend access immediately where misuse is suspected.

2.8 Platform Availability and Changes

2.8.1 EBW will use reasonable skill and care to maintain availability of the Platform.

2.8.2 EBW may suspend or modify services for:

• maintenance
• make updates
• security patches
• infrastructure upgrades
• new feature releases
• compliance with law

2.8.3 EBW may change hosting providers or technical infrastructure without prior notice, provided security standards remain appropriate.

2.9 Partner Responsibility for Users and Clients

2.9.1 EBW Partners are responsible for any action taken by:

• employees
• Test Administrators
• EBW Assessment Partners working under their account
• subcontractors (if authorised)

2.9.2 Partners must ensure Users do not bypass the intended interpretive safeguards.

2.10 Suspension of Platform Access

EBW may suspend access immediately for:

• non-payment
• security incident
• breach of this Agreement
• misuse of EBW Reports by unauthorised individuals
• reputational risk
• ethical concerns
• legal risks or regulatory requests

Suspension does not remove the Partner’s obligation to pay outstanding fees.

2.11 Termination of Access

Access may be terminated where:

• certification lapses
• a Partner repeatedly breaches use conditions
• there is misuse of Certification-Required Reports
• the Partner ceases trading
• the Partner acts in bad faith

Upon termination:

• access to the Platform may be removed
• EBW Materials must be returned or deleted
• EBW may require certification evidence for continued work

2.12 Client-Side Technical Requirements

Partners must ensure:

• secure devices
• updated operating systems
• modern browsers
• appropriate network security

EBW is not liable for failures caused by client-side systems.

2.13 Limitations of Use for Third Parties

2.13.1 Partners must not provide the EBW Platform to:

• EBW Assessment Partners who are not registered under their EBW Partner account (including external coaches, freelancers, or practitioners not formally linked to the organisation)
• entities located in restricted jurisdictions (as defined by EBW Global’s compliance requirements and applicable export controls)
• individuals who are not part of an authorised assessment programme (such as ad-hoc users, friends, uncontracted clients, or informal participants)

2.13.2 Only certified individuals may interpret Certification-Required Reports.

Section 3 - Consultancy Services, Training, And Digital Services Addendum

3.1 Consultancy Services

3.1.1 EBW Global provides consultancy services including:

• leadership development
• team development
• coaching services
• psychometric interpretation
• bespoke product development
• organisational assessments
• research services and analysis

3.1.2 Where consultancy is delivered under a separate Statement of Work (“SoW”), the SoW prevails over this Agreement for the scope, deliverables and timetable of that specific project.

3.1.3 EBW Global will exercise reasonable skill and care in delivering consultancy services but does not guarantee:

• specific organisational outcomes
• behavioural or cultural change
• performance improvements
• hiring or promotion outcomes
• future success of any individual or team

3.1.4 The Client is responsible for:

• providing accurate organisational information
• ensuring attendance of required participants
• ensuring appropriate workplace conditions for behavioural development
• providing complete, accurate background information where required

EBW Global is not responsible for delays or failures caused by the Client’s environment, data accuracy, or internal processes.

3.2 Training and Certification

3.2.1 EBW Global provides training courses that may lead to:

• EBW Assessment Partner certification
• eligibility to interpret Certification-Required Reports
• ongoing professional development

3.2.2 Certification is granted to individuals, not organisations.

3.2.3 EBW Global reserves the right to:

• assess competence
• require reassessment or refresher training
• withdraw certification where ethical or compliance standards are not met
• require additional training following major content updates

3.2.4 Successful completion of a training course does not:

• confer ownership of EBW intellectual property
• allow modification of EBW Materials
• grant rights to train others in EBW tools
• grant rights to create derivative works using EBW content
• permit uploading EBW materials into AI systems or LLMs

3.2.5 Partners are responsible for ensuring that certified individuals within their organisation remain compliant with:

• report classification rules (see section 2.11)
• ethical practice requirements
• security obligations

3.3 Use of Training Materials

3.3.1 Training materials provided by EBW Global:

• are confidential
• may not be copied, reproduced, or shared
• must not be used to create competing products
• must not be uploaded into AI systems (including ChatGPT or other LLMs)
• must not be distributed without written permission

3.3.2 EBW Global may update training materials periodically, and Partners using older material must ensure they continue to meet current ethical and professional standards.

3.4 Digital Services Addendum

Digital Services include:

• EBW Sales Mentor App
• future EBW digital tools
• analytics dashboards
• online coaching tools
• any service operating outside the core EBW Assessment Platform

3.4.1 Access to Digital Services may require:

• additional terms
• additional notices (Appendix 1)
• user consent
• app-specific privacy disclosures
• secure authentication

3.4.2 Digital Services are provided “as is” and EBW Global does not guarantee:

• specific behavioural outcomes
• compatibility with all devices
• uninterrupted operation
• suitability for every business scenario

3.4.3 EBW may:

• update Digital Services
• add features
• change hosting providers
• suspend access for maintenance
• withdraw Digital Services with reasonable notice

3.5 EBW Sales Mentor App

3.5.1 Purpose of the App

The Sales Mentor App uses the EBW Sales Compass Report (a Self-Directed Report) to provide:

• meeting preparation guidance
• meeting analysis
• suggestions for behavioural improvement

No other EBW report category may be used within the App.

3.5.2 Access to the App

The App may be accessed by:

• Assessment Users (B2B workflow)
• EBW Partners (via the admin area)
• Consumer Users (B2C purchases)

App access is conditional on:

• explicit user consent (via pre-login notice)
• acknowledgment of the privacy terms
• acceptance of these Integrated Terms

3.5.3 Report Transfer to the App

3.5.3.1 A User’s EBW Sales Report will be transferred to the App only when:

• the User chooses to proceed
• the User explicitly confirms data transfer (Appendix 1)
• technical authentication is successful

3.5.3.2 For beta testing, data transfer may occur after a beta consent notice.

3.5.3.3 EBW does not transfer Certification-Required or Supervised Reports or raw assessment data into the App.

3.5.4 Permitted Use of the App

Users may:

• view their Sales Report
• receive app-generated insights
• receive behavioural guidance
• use the app privately for development
• export or download their own results (if feature enabled)

3.5.5 Prohibited Use of the App

Neither Partners nor Users may:

• attempt to extract algorithms, models or scoring
• use the app to interpret other EBW Reports
• upload content that violates confidentiality obligations
• input confidential third-party data without lawful basis
• use the app for decisions based solely on AI without human oversight (AI Act requirement)
• use app outputs in legal proceedings without permission

3.5.6 Organisational Responsibility for App Usage (B2B)

Where an EBW Partner provides App access to Users:

• The organisation remains the Data Controller for User identity data
• EBW Global remains the Processor for report data transferred into the App
• The Partner must ensure lawful basis for offering the App
• The Partner remains responsible for communicating organisational purpose to Users

3.5.7 EBW Global’s Responsibilities

EBW Global shall:

• maintain appropriate technical and organisational measures
• ensure sub-processors (e.g., cloud infrastructure providers) meet security standards
• provide transparency on data flows
• ensure the App processes only the necessary report data

3.5.8 Beta Testing Conditions

Partners participating in the beta version must:

• accept the specific Beta Testing Terms
• disclose to Users that the App is in beta
• accept that features may change or be withdrawn
• understand that beta services may be unstable

The beta version is not guaranteed to meet full production standards.

3.5.9 Withdrawal or Modification of App Access

EBW Global may suspend or withdraw the App if:

• misuse occurs
• legal requirements change
• security risks arise
• hosting infrastructure changes
• the User or Partner breaches these terms

Reasonable notice will be provided where practical.

Section 4 - Data Processing Agreement (DPA)

This Section forms a binding Data Processing Agreement (“DPA”) between EBW Global (Processor) and the EBW Partner (Controller) for all personal data processed through the EBW Assessment Platform and EBW Digital Services (including the Sales Mentor App) and all EBW Global consultancy, training and support services.

4.1 Roles of the Parties

4.1.1 EBW Partner as Data Controller

The EBW Partner acts as Data Controller for all personal data relating to its Assessment Users, including:

• name, email, demographic fields
• assessment responses
• report outputs
• information provided prior to assessment
• account permissions

The Controller determines:

• purposes of processing
• lawful basis under GDPR/UK GDPR
• internal policies and access governance

4.1.2 EBW Global as Data Processor

EBW Global acts as Data Processor when processing User data on behalf of the Controller, including:

• scoring assessments
• generating reports
• managing platform accounts
• authenticating Users
• operating Digital Services (including the Sales Mentor App)
• delivering reports or notifications via Mandrill
• providing consultancy and support

EBW Global processes data strictly according to the instructions of the Controller, unless required by law.

4.2 Purpose and Scope of Processing

EBW Global processes personal data solely for:

• delivering EBW assessments
• generating EBW Reports
• storing User data for the retention period
• providing the Sales Mentor App and other Digital Services
• providing training and professional development
• running consultancy programmes
• issuing emails (including report-delivery emails) through Mandrill
• providing technical support and platform maintenance
• maintaining platform integrity and security

EBW Global shall not:

• sell personal data
• reuse or repurpose data for unrelated activities
• use User data to train general-purpose AI models
• use User data for marketing unless explicitly authorised
• share data with third parties except approved sub-processors

4.3 Categories of Personal Data Processed

• Identity Data (name, title, email address, organisation)
• Contact and account details
• Assessment responses
• Scoring outputs and behavioural indicators
• Report narrative and feedback text
• Demographic fields (optional for Equal Opportunities Monitoring)
• Platform activity logs
• App usage logs
• Calendar meeting metadata (optional in the Sales Mentor App)
• File attachments (including assessment reports sent via Mandrill)

Sensitive Category Data:
EBW does not request special category data, except:

• Equal Opportunities Monitoring Form (optional and used only for fairness research under strict anonymisation)

4.4 Data Subjects

• Assessment Users
• Consumer Users
• EBW Partners and their employees
• Coaching or consultancy participants

4.5 Duration of Processing and Retention

4.5.1 Assessment Data (Core Platform)

• Personal data is retained for 18 months, after which EBW Global removes all personal identifiers, rendering the data non-personal and non-reversible.
• After anonymisation, EBW may retain aggregated, non-identifiable data for research, validation and fairness monitoring and product improvement.

4.5.2 Sales Mentor App (Digital Service)

• Data is retained only for as long as necessary to provide the App service, unless otherwise required for security, audit or legal compliance.

4.6 Sub-Processing

4.6.1 Permission to Use Sub-Processors

The Controller authorises EBW Global to use carefully selected sub-processors necessary for:

• cloud hosting
• storage
• authentication
• AI-assisted functions
• email delivery of reports (Mandrill)
• digital app functionality
• analytics and security

EBW ensures all sub-processors meet GDPR/UK GDPR standards.

4.6.2 Current Sub-Processors

A detailed list is kept in Appendix 2 — Sub-Processor Register.

Categories may include:

• Cloud Infrastructure (e.g., Rackspace or equivalent)
• Digital App Hosting (e.g., Replit or equivalent successor)
• AI Model Provider — currently OpenAI, for the specific purpose of generating natural language responses inside the Sales Mentor App only
• Email and Transactional Delivery (e.g. Mandrill)
• Analytics and performance monitoring tools

4.6.3 AI Sub-Processor Restrictions (EU AI Act Compliance)

Where AI is used (e.g., ChatGPT):

• personal data is only transferred after explicit user consent
• no EBW data is used to train foundation models
• processing is limited to generating tailor-made insights
• EBW remains accountable for the output
• no automated decision-making with legal or significant impact is performed

EBW will replace or update its AI subprocessors where required for compliance or security.

4.7 International Transfers

EBW Global may use secure cloud providers located outside the UK/EEA.

Transfers are lawful only where:

• UK GDPR or EU GDPR mechanisms are in place (e.g., IDTA, SCCs)
• supplementary safeguards are applied
• EBW ensures equivalent data protection standards

Mandrill-specific transfer note:
Mandrill operates primarily in the United States, meaning:

• assessment report PDFs sent via Mandrill constitute an international transfer
• SCCs/IDTA apply
• this is explicitly declared in Appendix 2

Digital Services (e.g., the Sales Mentor App) may involve international processing because modern AI and app infrastructure is typically based in the US or global regions - never without disclosure and user/partner agreement.

4.8 Security Measures

EBW Global maintains appropriate technical and organisational measures, including:

• encryption at rest and in transit
• secure transmission of email attachments via Mandrill
• role-based access controls
• firewalls and network segregation
• continuous monitoring
• employee confidentiality obligations
• secure development lifecycle (SDLC)
• incident detection and response
• vulnerability management and penetration testing
• sub-processor oversight and due diligence

Partners must ensure equivalent security within their organisations.

4.9 Data Subject Rights

EBW Global shall support the Controller in responding to:

• access requests
• rectification requests
• erasure requests
• restriction of processing
• objections
• portability requests

EBW will not respond directly to Assessment Users unless instructed by the Controller.

4.10 Assistance, Compliance & Audit

EBW Global shall:

• provide the Controller with all required information to demonstrate compliance
• allow audits (virtual or on-site) on reasonable notice
• assist with DPIAs concerning EBW tools
• notify Controllers of changes to sub-processors
• assist with inquiries from supervisory authorities

4.11 Personal Data Breach

EBW will notify the Controller without undue delay after becoming aware of a breach and will provide:

• the nature of the breach
• categories and approximate number of data subjects affected
• categories and approximate number of records affected
• consequences and remediation
• mitigation actions

EBW Partners remain responsible for notifying the relevant supervisory authority unless EBW acts as Controller.

4.12 Instructions and Compliance with Law

EBW Global shall:

• process personal data only on documented instructions
• notify the Controller if an instruction appears to violate data protection laws
• comply with GDPR, UK GDPR, and the EU AI Act where relevant
• Ensure lawful sub-processing

Controllers must ensure they have lawful basis for all data submitted.

4.13 Deletion or Return of Data

Upon termination or expiry of the Agreement:

• EBW will delete or anonymise User data in line with its 18-month retention period
• on request, EBW will return available personal data within 30 days
• secure erasure logs can be provided where required

4.14 Liability Under the DPA

Each party is responsible for its own compliance under GDPR Articles 28 and 29.

Neither party shall be liable for breaches caused by the other party’s actions, omissions, unlawful instructions, or technological environments.

EBW Global is not liable for:

• Partner misuse or misinterpretation of EBW Reports
• unauthorised sharing of reports
• decisions made solely on the basis of Reports or app outputs
• AI misuse by Partners or Users
• any unlawful Instructions given by the Controller
• email forwarding or onward distribution of reports outside Mandrill’s control

Section 5 - Ethical Code, Suspension, Termination & Liability

5.1 Ethical Code of Practice

5.1.1 EBW Global assessments and reports must be used ethically, professionally, and with respect for individuals’ dignity and psychological safety.

5.1.2 The following principles apply to all EBW Partners, EBW Assessment Partners, Test Administrators, and Users:

• use assessments fairly and without discrimination
• ensure Users understand the purpose of assessment
• avoid coercion or deceptive practices
• use the appropriate category of report for the situation
• ensure feedback is delivered responsibly
• maintain confidentiality of User results
• avoid using assessments to make unlawful or discriminatory decisions

5.1.3 EBW Partners must ensure that:

• Users are informed about how their data will be used
• assessments are used only for relevant professional purposes
• only certified individuals interpret Certification-Required Reports
• Test Administrators are properly supervised
• Users are provided with an appropriate explanation of results
• local employment laws, equality duties, and privacy requirements are upheld

5.1.3A External Professional Standards (Informative Guidance)

EBW Global’s ethical approach is aligned with the British Psychological Society’s Code of Ethics and Conduct and its standards for the competent use of psychometric tests. These external standards guide good practice for EBW Assessment Partners and support the responsible use of EBW assessments. They do not replace or override the specific responsibilities and requirements set out in this Agreement.

5.1.4 Unethical use includes (but is not limited to):

• using EBW Reports to discriminate
• misrepresenting or altering results
• using EBW results as the sole basis for dismissal or sanction
• presenting report content as scientific fact rather than interpretation
• using reports outside the intended context or without qualification
• placing Users under undue pressure to participate

EBW may take corrective or disciplinary action where ethical breaches occur.

5.2 Use of AI and Digital Services - Ethical Boundaries

5.2.1 AI-generated insights within Digital Services (including ChatGPT use in the Sales Mentor App) must be used:

• as guidance, not determinative fact
• in combination with human judgement
• within the scope of the Self-Directed Report

5.2.2 EBW Global does not permit:

• submitting EBW Reports to external AI tools or LLMs (e.g., ChatGPT, Claude, Gemini)
• exporting or inputting report content into any third-party AI model
• training AI systems using EBW Materials
• using EBW insights for automated decision-making that produces significant effects
• profiling without human oversight (AI Act requirement)

These prohibitions ensure GDPR, UK GDPR, and EU AI Act compliance.

5.3 Misuse of Reports

5.3.1 Certification-Required Reports must never be given to Users without the involvement of a Certified EBW Assessment Partner.

5.3.2 Supervised Reports must only be used under direct oversight of a Certified EBW Assessment Partner.

5.3.3 Self-Directed Reports may be used independently but must not be altered, repurposed, or interpreted as diagnostic or clinical tools.

5.3.4 Examples of misuse include:

• sharing reports with untrained personnel
• distributing Certification-Required Reports without qualified feedback
• copying or extracting report text into other products
• uploading EBW content into third-party software or AI systems
• modifying or paraphrasing report narrative to create derivative works
• using outputs as evidence in legal proceedings without permission

5.3.5 Misuse is grounds for immediate suspension under Section 5.6.

5.4 Intellectual Property Protection

5.4.1 All EBW assessments, materials, scoring algorithms, models, designs, and report narratives are the intellectual property of EBW Global.

5.4.2 Clients and Users may not:

• copy, adapt, or translate EBW content
• create competing products
• publish excerpts of EBW Reports
• distribute training materials externally
• modify any EBW tool or algorithm
• use EBW content in academic or commercial research without written permission

5.4.3 EBW may take legal action against parties who:

• reproduce EBW tools or content without permission
• breach confidentiality
• infringe trade marks or copyright
• use reports outside permitted contexts

5.5 Confidentiality

5.5.1 Each party shall keep confidential all information obtained from the other party and shall not disclose it without prior written consent except:

• where required by law or regulatory authority
• to professional advisors under confidentiality
• to sub-processors (e.g., Mandrill for email delivery) authorised under the DPA

5.5.2 Assessment results must be treated as confidential between the EBW Partner and User except where:

• the User gives explicit consent
• disclosure is required by law
• disclosure is consistent with organisational legitimate interests and local law

5.5.3 EBW shall maintain confidentiality of all User data in accordance with Section 4 (DPA).

5.6 Suspension of Access

EBW Global may suspend access to the EBW Platform, Digital Services, or assessment materials immediately and without notice if:

• there is a breach of this Agreement
• misuse of any EBW Report occurs
• unauthorised parties access EBW Materials
• security concerns arise
• non-payment occurs
• the EBW Partner poses a reputational risk
• ethical standards are violated
• assessments are being used unlawfully or discriminatorily

Suspension does not remove the Partner’s obligation to pay outstanding fees.

5.7 Termination

EBW Global may terminate access:

• after repeated breaches of this Agreement
• where Certification-Required Reports are misused
• where an EBW Assessment Partner acts unethically or unprofessionally
• where a Partner ceases trading
• where required for compliance with law
• where the Partner refuses to accept updated legal terms

Upon termination:

• the Partner’s account will be closed
• EBW Materials must be returned or destroyed
• access to Digital Services will cease
• certification may be withdrawn

Terminated Partners may reapply only with EBW’s written approval.

5.8 Liability

5.8.1 EBW Global shall not be liable for:

• indirect or consequential loss
• loss of profits, revenue, or business
• loss or corruption of data
• decisions made solely on assessment results
• decisions made solely on AI-generated insights
• failure by the Partner to supervise Test Administrators
• unauthorised disclosure of reports by Partners or Users
• email forwarding or loss caused by Partner use of Mandrill or local email systems

5.8.2 EBW Global does not warrant that:

• assessments will produce specific outcomes
• behavioural change will occur
• reports are error-free or fit for a particular purpose
• tools are fit for any specific organisational purpose

5.8.3 Liability Cap
EBW Global’s total aggregate liability under this Agreement is limited to:
the greater of:

• the total fees paid by the Client in the previous 12 months, or
• £15,000

5.8.4 Nothing in this Agreement limits liability for:

• death or personal injury caused by negligence
• fraud or fraudulent misrepresentation
• any liability that cannot legally be excluded

5.9 Disclaimers Specific to Psychometric and AI Use

5.9.1 Psychometric Disclaimers

EBW Reports are validated psychometric interpretations based on Users’ self-report responses. They are not clinical or diagnostic instruments and must not be used to:

• diagnose mental health conditions
• make medical, psychiatric, or therapeutic conclusions
• classify individuals into clinical or protected-category profiles

EBW Reports provide behavioural insight relevant to occupational performance, not psychological diagnosis.

5.9.2 AI Disclaimers (Sales Mentor App)

Artificial intelligence features used within the Sales Mentor App:

• are based solely on User-provided information
• do not score, alter, or validate EBW assessments
• do not influence EBW behavioural algorithms
• do not generate predictions about job performance
• provide developmental guidance only
• are non-deterministic and may occasionally generate variations in output

AI outputs must not be used:

• as the sole basis for employment, promotion, or selection decisions
• for profiling that produces legal or significant effects without human review
• as a substitute for professional judgement or qualified interpretation

5.9.3 Responsibility and Appropriate Use

The User and Partner acknowledge that:

• EBW tools measure emotional behaviours relevant to workplace performance
• psychometric output is interpretive insight, not prescriptive instruction
• the purpose of EBW tools is developmental, not diagnostic
• the Partner or User remains solely responsible for decisions taken based on EBW outputs
• AI-generated insights are advisory and require human evaluation

Section 6 - General Legal Terms

6.1 Governing Law and Jurisdiction

6.1.1 These Terms are governed by and interpreted in accordance with the laws of England and Wales.

6.1.2 The courts of England and Wales shall have exclusive jurisdiction over any dispute arising from or relating to this Agreement, its interpretation, or its performance.

6.2 Assignment

6.2.1 The Client (including EBW Partners and Consumer Users) may not assign, transfer, or sublicense any rights or obligations under this Agreement without the prior written consent of EBW Global.

6.2.2 EBW Global may assign or transfer its rights or obligations to:

• a successor organisation
• an affiliated company
• a purchaser of its business assets
• a subcontractor or service provider where necessary for delivery of services

provided such assignment preserves equivalent levels of data protection and contractual performance.

6.3 Force Majeure

6.3.1 EBW Global shall not be liable for delay or failure in performing its obligations where such delay or failure is due to causes beyond its reasonable control, including but not limited to:

• natural disasters
• war or civil unrest
• pandemics
• labour disputes
• internet outages
• cyber attacks
• changes in law or regulatory requirements
• failure of third-party suppliers, infrastructure or utilities

6.3.2 Where a force majeure event occurs, EBW Global will:

• notify the Partner as soon as reasonably practicable
• take steps to minimise disruption
• restore service as soon as reasonably possible

6.4 Variation of Terms

6.4.1 EBW Global may update these Terms from time to time to reflect:

• changes in law or regulation (including GDPR, UK GDPR, EU AI Act)
• improvements to security, ethical standards or compliance
• changes to EBW products or digital services
• updates to sub-processors
• enhancements to the EBW Platform

6.4.2 Partners will be notified in advance of material changes. Continued use of EBW services after notification constitutes acceptance of the updated Terms.

6.4.3 Consumer Users will be notified at the time of login to the Sales Mentor App if Terms are updated.

6.5 Entire Agreement

6.5.1 This Agreement, including all Appendices, constitutes the entire agreement between the parties and supersedes all previous communications, representations, understandings, or agreements, whether written or oral.

6.5.2 In the event of a conflict between:

• the main Terms,
• a Statement of Work,
• and an Appendix (including the DPA and the Sales Mentor App Addendum),

the following hierarchy applies:

1. Statutory or regulatory obligations
2. Statement of Work (if applicable)
3. Data Processing Agreement (Section 4)
4. Sales Mentor App Addendum (Appendix 1)
5. Main Terms & Conditions
6. Sub-Processor Register (Appendix 2)
7. Consumer Terms (Appendix 3)

6.6 Severability

6.6.1 If any clause in this Agreement is held to be invalid, unlawful, or unenforceable, such clause shall be:

• severed to the extent necessary, and
• the remainder of the Agreement shall continue in full force and effect.

6.7 Non-Waiver

6.7.1 Failure by EBW Global to exercise any right or remedy under this Agreement shall not constitute a waiver of that right or remedy.

6.7.2 A waiver is only valid if made in writing by an authorised representative of EBW Global.

6.8 Notices

6.8.1 All notices must be provided in writing and sent to:

EBW Global
Brentfield Consultancy Ltd
The Joiners Shop,
The Historic Dockyard,
Chatham, Kent, ME4 4TZ
United Kingdom
Email: info@ebwglobal.com

6.8.2 EBW may send notices to the Partner using:

• the email associated with the EBW Partner account, or
• in-app notifications within the EBW Assessment Platform or Digital Services

Notices are deemed delivered upon successful transmission.

6.9 Third-Party Rights

6.9.1 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

6.9.2 This does not affect any rights or remedies of third parties that exist independently of this Act.

6.10 Survival of Clauses

The following sections survive termination of the Agreement:

• Intellectual Property (5.4)
• Confidentiality (5.5)
• Data Processing (Section 4)
• Liability (5.8)
• Psychometric Validity & Non-AI Scoring (5.9 & 5.10)
• Misuse of Reports (5.3)
• Ethical Practice obligations
• Restrictions on reproduction or distribution of EBW Materials
• Sections 6.1–6.10 (General Terms)

Appendix 1 - EBW Sales Mentor App Addendum

(Legally binding appendix to the EBW Global Integrated Terms & Conditions)

1. Purpose of this Addendum

1.1 This Appendix governs the use of the EBW Sales Mentor App (“the App”), which provides optional digital coaching, meeting preparation tools, and conversational analysis based on the User’s EBW Sales Report.

1.2 This Appendix forms part of the Agreement between EBW Global (Brentfield Consultancy Ltd) and:

• EBW Partners (B2B)
• EBW Assessment Partners
• Consumer Users (B2C)

1.3 Where conflicts arise, the hierarchy of documents set out in Section 6.5 of the main Terms applies.

2. Nature of the Service

2.1 The App provides three optional digital features:

• Smart Meeting Preparation - guidance based on the User’s Sales Report for upcoming meetings.
• Instant Meeting Analysis - optional analysis of User-submitted meeting notes, transcripts, or summaries.
• Sales Mentor Guidance - private developmental suggestions using generative AI based on User input and psychometric indicators.

2.2 The App does not score, generate, validate, or alter any EBW assessment results.

2.3 The App is not a psychometric assessment and must not be presented as one.

2.4 Use of the App is entirely optional and does not affect access to any EBW assessment already purchased by the Partner.

3. Report Transfer and User Consent

3.1 A User’s EBW Sales Report is uploaded to the App only after explicit User consent is provided on the in-App transparency screen.

3.2 Without such consent:

• the User cannot access the App, and
• no report data will be transferred from the EBW Assessment Platform.

3.3 For B2B Users, the EBW Partner warrants that they have a lawful basis to offer the App to their Users (e.g., legitimate interests or consent).

3.4 The transfer is one-way:
EBW Assessment Platform → App
No assessment scoring flows back to the EBW Platform.

4. Data Categories Processed in the App

4.1 The App may process:

• Sales Report data (narrative and numerical outputs)
• User-provided text (meeting notes, transcripts, questions)
• App usage metadata (time, features accessed)
• Device-level technical logs for security

4.2 The App does not process:

• raw assessment item-level responses
• demographic data from the Equal Opportunities form
• payment card details

4.3 Processing is limited strictly to App functionality.

5. International Processing & Security

5.1 The App operates on secure technology systems provided by approved EBW Global sub-processors located outside the UK/EEA.

5.2 Such processing is safeguarded by:

• UK GDPR-compliant measures
• EU GDPR Article 46(2) mechanisms (e.g., EU Standard Contractual Clauses)
• technical and organisational controls aligned with EBW security standards

5.3 No sub-processor is permitted to:

• train AI models on EBW assessment data
• retain User data beyond contractual limits
• use data for advertising or unrelated purposes

5.4 All sub-processors are listed in Appendix 2 and updated in accordance with Section 4 of the main Terms.

6. AI Transparency and Limitations

6.1 The App uses generative AI technologies to provide developmental guidance only. These technologies:

• do not generate or validate EBW assessment scores
• do not produce job-performance predictions
• must not be used as the sole basis for employment decisions
• may generate variable output due to model behaviour

6.2 All EBW assessment scoring is built on validated psychometric science, separate from AI systems.

6.3 AI outputs must be interpreted with human judgement.

7. Prohibited Uses of the App

7.1 The App must not be used to:

• make recruitment, promotion, or termination decisions without human review
• conduct clinical, psychiatric, or psychological diagnosis
• monitor employees without lawful basis
• generate automated decision-making producing legal or significant effects
• upload or transfer App outputs into third-party AI models
• train machine-learning models or create derivative datasets
• use EBW content for litigation or medico-legal purposes
• extract algorithms, scoring logic, or behavioural models

7.2 EBW reserves the right to suspend or terminate App access for misuse.

8. Retention and Deletion in the App

8.1 Personal data in the App is retained only for as long as necessary to deliver the service, after which it is:

• deleted, or
• anonymised beyond re-identification

8.2 Report data stored in the App is distinct from the EBW Assessment Platform retention period of 18 months.

8.3 Users and Partners may request deletion at any time under UK GDPR and EU GDPR rights.

9. Intellectual Property

9.1 All content, algorithms, designs, reports and outputs of the App are the exclusive property of EBW Global.

9.2 Users may not:

• extract large portions of App-generated content
• embed App outputs into competing training tools
• resell or redistribute AI-generated guidance
• use outputs to create derivative tools or assessments

9.3 Limited internal use is permitted for personal development or coaching within the EBW Partner’s organisation.

10. Limitation of Liability

10.1 EBW Global excludes liability for:

• decisions based solely on AI outputs
• indirect or consequential losses
• loss of profits or revenue
• misuse by Partners or Users
• integration with external AI tools

10.2 EBW’s total liability relating to the App is capped under Section 5.8 of the main Terms.

10.3 Nothing limits liability for fraud or personal injury.

11. Termination

11.1 EBW may suspend or terminate App access if:

• there is misuse or security risk
• a User or Partner breaches the Terms
• technical or regulatory changes require withdrawal
• sub-processor changes require suspension

11.2 Termination of App access does not affect access to the EBW assessment data stored on the EBW Assessment Platform.

12. Survival

The following survive termination:

• IP restrictions
• data protection obligations
• liability limitations
• psychometric and AI disclaimers
• restrictions on re-use of App outputs

Appendix 2 - Sub-Processor Register

(This Appendix forms part of the EBW Global Integrated Terms & Conditions and Data Processing Agreement.)

EBW Global engages a small number of carefully selected third-party service providers (“Sub-Processors”) to support delivery of the EBW Assessment Platform, EBW Digital Services, and the EBW Sales Mentor App. These Sub-Processors may process personal data on behalf of EBW Global strictly for the purposes described below.

EBW Global performs due diligence on all Sub-Processors and ensures that each operates under contractual, technical, and organisational safeguards aligned with UK GDPR, EU GDPR, and EBW Global’s security standards.

Partners and Users will be notified of any material changes to this Register in accordance with Section 4 of the main Terms.

1. Core EBW Assessment Platform Sub-Processors (UK / EEA-based only)

(Used for hosting the EBW Platform, storing assessment data, generating reports, and supporting Partner accounts.)

Note:
EBW Global does not transfer assessment item-level responses or personal data outside the UK/EEA in connection with the EBW Assessment Platform. All core processing remains within approved, secure environments.

Note:
EBW Global does not transfer raw assessment responses outside the UK/EEA. Transfers occur only when a Partner instructs EBW to email a full PDF report via Mandrill.

2. EBW Sales Mentor App Sub-Processors (Used Only With Explicit User Consent)

(These providers support the delivery of AI-powered features inside the App.)

3. EBW Business Operations Sub-Processors

(Administrative systems used for CRM, email, secure communications, and support.)

4. Categories of Data Processed by Sub-Processors

4.1 Core Platform (Rackspace, Mandrill, Payment Processors)

May process:

• Partner and User account details
• assessment report data (Mandrill only)
• usage logs
• delivery details (Mandrill)
• IP and device metadata
• payment data (payment processors only)

4.2 Sales Mentor App Sub-Processors

May process:

• Sales Report copy (after explicit consent)
• User-supplied meeting notes/text
• conversation summaries
• App usage metadata

Do not process:

• raw assessment responses
• demographic monitoring data
• payment card details

4.3 Business Operations Sub-Processors

May process:

• Partner contact details
• support communications
• marketing preferences

Do not process:

• assessment report content
• raw responses
• psychometric scores

5. Partner Instructions for Report Delivery

5.1 Where EBW Global delivers EBW Reports by email, including via Mandrill, such delivery is performed strictly under the Partner’s instruction as Data Controller.

5.2 The Partner is responsible for:

• ensuring their email addresses are secure
• confirming authorised recipients
• ensuring a lawful basis for processing
• applying organisational email safeguards

5.3 EBW is not liable for:

• misdelivery caused by Partner-provided email addresses
• Partner-side inbox security issues
• forwarding or sharing by the Partner

6. Sub-Processor Notification and Objection Rights

6.1 EBW Global will notify Partners of:

• new Sub-Processors
• material changes to existing Sub-Processors
• changes in hosting or transfer locations

6.2 Partners may object on legitimate data-protection grounds, and EBW will work to resolve or offer alternatives.

6.3 For the Sales Mentor App, explicit User consent supersedes Partner objections as the service is optional.

Appendix 3 - Consumer Terms (B2C)

(This Appendix applies only to Consumer Users who purchase EBW Digital Services for personal use.)

These Consumer Terms apply where a Consumer User purchases access to the EBW Sales Mentor App or any other EBW Digital Service for personal, non-commercial use. They do not apply to EBW Partners, workplaces, coaches, or organisational accounts.

These terms supplement - and take precedence over - the main EBW Global Integrated Terms & Conditions where required by consumer law.

1. Your Status as a Consumer User

1.1 You are a Consumer User if you purchase EBW Digital Services as an individual, for personal use, and not on behalf of an organisation or business.

1.2 Consumer Users enjoy additional rights under UK consumer law and EU consumer law (where applicable). These terms summarise those rights and explain how EBW complies with them.

2. Description of the Sales Mentor App

2.1 The EBW Sales Mentor App (“the App”) is a digital coaching and development tool that uses your EBW Sales Report and your own written input to provide:

• meeting preparation guidance
• conversation analysis
• improvement suggestions for future meetings

2.2 The App does not:

• score or validate assessments
• make employment-related decisions
• diagnose psychological or medical conditions
• predict job performance

2.3 The App provides developmental insight only, using generative AI outputs based on your own data and written submissions.

3. Payment and Access

3.1 Payment gives you access to the App for the period stated at the point of purchase (e.g., 12 months, unless otherwise specified).

3.2 Access begins as soon as you:

• complete your purchase, and
• consent to upload your EBW Sales Report to the App environment.

3.3 You must be at least 18 years old to purchase the App.

4. Your Right to Cancel (Cooling-Off Period)

4.1 Under consumer law, you normally have 14 days to cancel a digital purchase.

4.2 However, by choosing to start using the App immediately (including uploading your EBW Sales Report), you explicitly agree to:
receive the service immediately and waive your 14-day cancellation right once the service begins.

4.3 You will be asked to confirm the following statement before access is activated:

“I understand that by starting to use the EBW Sales Mentor App, I waive my right to cancel within 14 days.”

4.4 If you do not agree, you may delay access until the 14-day period expires.

5. Refunds

5.1 No refunds are available after access to the App has begun, except where required by law (e.g., service not delivered, defective, or mis-described).

5.2 Refunds are not provided if you:

• change your mind
• choose not to use the App after activation
• disagree with AI-generated guidance
• are unable or unwilling to upload your EBW Sales Report

5.3 Where a refund is legally required, EBW may restrict or remove App access.

6. Data Processing and Consent

6.1 To use the App, you must provide explicit consent for:

• uploading your EBW Sales Report to the App environment
• processing your written meeting notes or text input
• processing data in secure systems outside the UK/EEA (with safeguards)

6.2 If you do not consent, you cannot use the App.

6.3 Your rights under the Privacy Policy (access, deletion, correction, objection, and withdrawal of consent) continue to apply.

7. AI Transparency

7.1 The App uses generative AI to provide developmental suggestions based on your inputs.

7.2 AI outputs are not deterministic, may vary, and must be interpreted with judgement.

7.3 AI outputs must not be used:

• for employment decisions
• as factual statements about your ability or performance
• as psychological diagnoses
• in any legal or medical context

7.4 Your EBW assessment is not generated or validated using AI.

8. Acceptable Use

You must not use the App to:

• upload illegal, harmful, or offensive content
• infringe the rights of others
• reverse engineer, copy, or resell App content
• provide App outputs to train third-party AI systems
• share access credentials with others

EBW may suspend access for misuse.

9. Intellectual Property

9.1 All App content, algorithms, designs and outputs remain the property of EBW Global.

9.2 You may use outputs for personal development only.

9.3 You may not:

• resell
• redistribute
• publish
• or create derivative tools

from App outputs.

10. Liability

10.1 EBW excludes liability for:

• decisions made based on AI guidance
• indirect or consequential losses
• loss of profits
• misuse of App outputs
• delays or interruptions to digital services
• failures caused by third-party platforms outside EBW control

10.2 Nothing excludes liability for fraud or personal injury.

10.3 Maximum liability is the amount paid for App access.

11. Termination

11.1 EBW may suspend or terminate access where:

• terms are breached
• misuse or security risk exists
• legal or technical changes require withdrawal

11.2 Termination of App access does not affect your rights relating to the EBW Assessment Platform (if applicable).

12. Contact

EBW Global (Brentfield Consultancy Ltd)
The Joiners Shop,
The Historic Dockyard,
Chatham, Kent ME4 4TZ
United Kingdom
Email: info@ebwglobal.com

Appendix 4 - Training, Coaching & Consultancy Commercial Terms

(Standalone schedule to the EBW Global Integrated Terms & Conditions)

1. Scope of This Appendix

1.1 This Appendix applies to all purchases of EBW Global:

• Training Courses
• Certification Programmes
• Coaching Sessions
• Consultancy Services
• Bespoke development work

1.2 This Appendix does not apply to:

• Assessments or User Credits
• Digital Services (including the EBW Sales Mentor App)
• B2C digital purchases (see Appendix 3)

1.3 Where this Appendix conflicts with a Statement of Work (“SoW”), the signed SoW will take precedence for that specific engagement.

2. Fees, Payment and Invoicing

2.1 Fees for Training Courses, Consultancy Services, Coaching, or bespoke work are provided in:

• the Company’s current brochure,
• published fee schedules, or
• the Client’s proposal or Statement of Work.

2.2 All invoices must be paid in full before:

• attending a Training Course,
• beginning any Coaching Programme, or
• commencement of Consultancy Services.

2.3 Where payment terms differ in an SoW, those terms override this Appendix.

3. Cancellation and Refund Policy (Training & Consultancy)

3.1 Cancellation more than 21 days before the start date
The Client is entitled to a full refund of Training or Consultancy fees.

3.2 Cancellation between 14 and 21 days before the start date
The Client is entitled to a 50% refund.

3.3 Cancellation less than 14 days before the start date
No refund is available.

3.4
These rules apply even when the failure to attend, cancellation, or postponement arises from circumstances outside the Client’s control.

3.5
Substitutions may be accepted provided the Delegate has not completed any pre-course training requirements.

3.6
EBW Global may alter Training Course or Consultancy details at any time where reasonably required.

3.7
EBW Global cannot guarantee that delegates will achieve certification, accreditation, or pass any required assessments.

4. Coaching-Specific Cancellation Policy

4.1
If a scheduled Coaching Session is cancelled less than 14 days before the session, no refund shall be provided.

4.2
Where cancellation occurs within 14 days, the Client may reschedule the session within one (1) month of the original date.

4.3
If no suitable alternative date is agreed within one month, the session is forfeited without refund.

4.4
Clients must provide at least 48 hours’ notice to reschedule a Coaching Session.

4.5
Any rescheduled session must be taken within one (1) month of the original date unless otherwise agreed in writing.

4.6
Sessions not used within the one-month period may be forfeited at EBW’s discretion.

5. Delegate Responsibilities

5.1
Delegates must:

• meet any pre-course preparation requirements
• attend all required sessions to maintain eligibility for certification
• behave professionally and respectfully
• comply with EBW Global’s ethical and professional standards

5.2
EBW Global reserves the right to remove a Delegate from a programme for misconduct, without refund.

6. Intellectual Property

6.1
All training and consultancy materials remain the exclusive property of EBW Global.

6.2
Delegates and Clients must not:

• copy, reproduce, or distribute materials
• use training content to create derivative works
• use EBW material to develop competing tools
• upload EBW materials into AI systems
• share materials outside their organisation without written permission

6.3
Manuals, guides, and workbooks must be kept confidential and used only for the intended training purposes.

7. Limitations of Liability

7.1
EBW Global does not guarantee:

• specific organisational outcomes
• behavioural change
• performance improvements
• successful completion of certification

7.2
EBW Global is not liable for:

• indirect or consequential loss
• the Client’s internal implementation failures
• inaccurate or incomplete information provided by the Client
• inability of participants to attend due to personal or organisational issues

7.3
The liability cap in Section 5.8 of the main Terms applies to all services in this Appendix.

8. Rescheduling or Changes by EBW Global

8.1
EBW Global may reschedule or modify Training Courses or Consultancy Services where necessary due to:

• trainer availability
• operational requirements
• unforeseen circumstances
• force majeure events

8.2
Where reasonable, EBW Global will offer alternative dates or equivalent training.

8.3
Rescheduling by EBW Global does not entitle the Client to additional compensation beyond the course fee.

9. Interaction with Other Agreements

9.1
This Appendix must be read together with:

• Section 3 of the Integrated Terms (Training & Consultancy)
• Section 6 (General Legal Terms)
• Section 4 (DPA), where personal data is involved

9.2
Where inconsistencies arise, the hierarchy in Section 6.5 of the main Terms applies.

10. Acceptance of Appendix 4

By purchasing or attending any EBW Global Training Course, Coaching Session, or Consultancy Service, the Client agrees to be bound by these terms.