Terms and Conditions of Enrolment

Definitions

College means City College Plymouth at Kings Road, Devonport, Plymouth, Devon, PL1 5QG or any of its college centres, collaborators or subsidiaries which may be set up from time to time or successors in title.

Course means the course or programme of study to be undertaken by the Student as identified on the applicable enrolment form.

Fees means all fees owing to the College pursuant to these conditions including without limit all tuition, course material charges, examination and registration fees.

Fee Statement means the policy of the College with regard to Fees set down by the College from time to time;

Ancillary Course Costs means the costs payable (if any) to the College by the Student to cover the cost of providing particular Course materials which are not otherwise included within the Fees.

Rules means the Instrument and Articles of Governance, the Student Guide, and any other rules, policies, procedures and/or regulations set down by the College from time to time.

Sponsor means any employer and/or third party who has agreed with the Student and/or the College to pay the Fees (or part of them).

Student means the person whose application for enrolment on the Course is accepted by the College.

1.  The Basis of these Conditions.

The conditions set out below together with the Rules, and applicable learning agreement form (on-line or paper), form the entire agreement between the College and the Student in respect of the Course and its provision. Copies of such documentation are available upon request from the College by contacting 01752 305300 or viewed at www.cityplym.ac.uk.

Any descriptive material including but not limited to information contained in the College's brochures and/or prospectuses, advertising material or elsewhere shall not form part of the agreement and shall be treated as approximate and for guidance only unless specifically stated otherwise.

2.  Core Obligations of the College and Student.

2.1   Payment of Fees and Ancillary Course Costs

2.1.1  All Fees are subject to the College Fee Statement and shall be payable in full and in advance and no later than the start of the Course, although the College may at its discretion agree with the Student to accept payment by a specified number of instalments. The Fees shall be charged at the College’s prevailing rate subject to any concessions agreed by the College and available to the Student. The Student shall be responsible for the payment of the Fees even if a Sponsor has agreed to pay the Fees. It is the responsibility of the Student to ensure (where applicable) that the Sponsor pays the Fees. For the avoidance of doubt, in the event that a Sponsor fails to pay the fees as may be agreed between the Sponsor and the Student, the Student will remain solely responsible for payment.

2.1.2  Upon the request of the College, the Ancillary Course Costs shall be payable in full and in advance no later than the start date of the Course to the College.  The Ancillary Course Costs shall be charged at the College’s prevailing rate. The Student shall be responsible for the payment of the Ancillary Course Costs even if a Sponsor has agreed to the pay the Ancillary Course Costs. It is the responsibility of the Student to ensure (where applicable) that the Sponsor pays the Ancillary Course Costs. For the avoidance of doubt, in the event that a Sponsor fails to pay the Ancillary Course Costs as may be agreed between the Sponsor and the Student, the Student will remain responsible solely for the payment.

2.1.3  The Student accepts that, if he/she is in debt to the College for any reason, including without limit non-payment of any Fees (in whole or part) and/or the Ancillary Course Costs, the College may (at its discretion) take one or more of the following actions:-

     2.1.3.1   forthwith on notice suspend and/or exclude  the Student from the Course;
     2.1.3.2   withhold assessment results or awards/certificates;
     2.1.3.3   refuse to register the Student for any applicable award and/or refuse to register the Student for any Course examination;
     2.1.3.4   undertake appropriate recovery and/or legal action for recovery of such Fees and Ancillary Course Costs and the Student will be responsible for all costs and expenses incurred by the College and/or by a third party acting on behalf of the College in such action including without limit:-
          2.1.3.4.1     the reasonable legal costs and expenses;
          2.1.3.4.2     the administration costs and expenses; and
          2.1.3.4.3     the collection costs incurred by the College and/or a third party collection agency.

2.1.4 If the Student fails to make any payment due to the College under this Agreement by the due date for payment, then the College may charge the Student interest on the overdue amount at the rate of 4% per annum above Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Student shall pay the interest immediately on demand by the College.

2.2   Refund of Fees

2.2.1  In accordance with the Fee Statement the full Fee is payable even if the Student decides not to complete the Course. Fee refunds or waivers may only be approved if the College has cancelled a course set out in clauses 2.2.3 and 2.2.4 below.

2.2.2  If the Student wishes to withdraw from a Course prior to its commencement, and he or she informs the College in writing or by e-mail prior to the Course start date a refund may be given, less a £10.00 administrative fee.

2.2.3  The Student shall be entitled to a full refund of any Fees paid save for the Ancillary Course Costs, if a Course fails to run for whatever reason or is cancelled within six weeks of its commencement (or in the case of a short programme of study, within one week of its commencement) and provided that the Student is not offered in either event a course which the College (acting reasonably at all times) deems to be a suitable alternative. For the purpose of this clause “a short programme of study” shall mean a Course which lasts for no more than 4 weeks per academic year.

2.2.4 Where a Course is cancelled in circumstances which fall outside those mentioned above in clause 2.2.3 and no suitable alternative course is offered pursuant to clause 2.2.3, the College will refund to the Student or the Sponsor as appropriate such proportion of the Fees paid as the College deems reasonable. For the avoidance of doubt, no refund will be payable in respect to the Ancillary Course Costs.

2.2.5 Fees and/or the Ancillary Course Costs will not be refunded where a Student is excluded and/or suspended from the College: as a consequence of the Student’s unreasonable behaviour; and/or as a consequence of the Student failing to comply with these terms and conditions; and/or for any other reason.

2.3  Limitation of Liability

2.3.1 In any instance where the College makes a refund as described in clause 2.2 above, the College shall be released from any responsibility to the Student or Sponsor for failure to provide or complete the provision of a Course, and from any related costs, damages, losses or expenses or demands which may arise either directly or indirectly.

2.3.3 The College shall not be liable and expressly excludes responsibility for any loss, cost, expense or damage suffered by the Student as a result of:
     2.3.3.1. any loss, theft, misuse or damage to property, including without limit any motor vehicle, cycle, equipment or such other personal belongings of the Student whilst such property is on the College premises;
     2.3.3.2  any loss, expense or damage of any nature suffered by a Student as a consequence of any data processing undertaken by the Student or any other third party using any computer equipment belonging to the College;
     2.3.3.3  any loss, expense or damage in respect of any course materials or information provided by any third party other than the College;
     2.3.3.4  (subject to applicable laws) any death or personal injury suffered by the Student unless caused by the College’s proven negligence or breach of statutory duty.
     2.3.4 For the avoidance of doubt, the College gives no warranty, guarantee or representation as to the accuracy and/or completeness of any advert and/or literature relating to the College and/or Course (including without limit the Course cost content, structure or format).             

3.  Rights and Obligations of the Student.

3.1  Students shall meet and comply with the requirements and/or standards, set out in this agreement and/or the Rules, including without limit the requirements and/or standards relating to conduct, attendance and the submission of course work. The College reserves the right to suspend and/or exclude (at its discretion) any Student failing to meet such standards and/or requirements.

3.2  In addition, Students are required:

3.2.1     to comply with all reasonable requests of College officers, staff and authorised contractors or agents;

3.2.2     to comply with the conditions of use of College’s identity cards details of which are set out in the Rules;

3.2.3     to behave in a manner which does not cause injury or damage to other persons, in particular to the property of the College, its staff, students or visitors and does not impede or prevent the provision of the Course or any other course or programmes of study or otherwise harm the standing and reputation of the College;

3.2.4     to comply with such special requirements for a Course as may be imposed by law, accrediting or professional bodies or other applicable third parties. For clarification such specialised requirements may include criminal checks, health/medical checks or other conditions of conduct;

3.2.5     to comply with the College's computer use and associated IT policies.

3.3  Students of the College may be entitled to receive financial support through a bursary, scholarship, loan or other scheme. In the event that you are eligible for such financial support you agree to abide by the terms and conditions relating to that specific bursary, scholarship, loan or other scheme.

4.  Rights and Obligations of the College.

4.1  The College shall use its reasonable endeavours to provide the Student with an education service which may, where appropriate, include a programme of study, classes and tutorials intended to prepare the Student for examinations and qualifications, and with relevant learning support if necessary.

4.2  The College reserves the right to make variations to the contents or methods of delivery of the Course, to discontinue the Course (or any part of it), to alter the Course emphasis (including without limit the amount of practical, theory and/or academic experience undertaken)  and to merge or combine programmes if such action is reasonably believed to be necessary by the College which for the avoidance of doubt shall include where there are insufficient enrolments to make a Course viable (in the College’s opinion). In the event that the College discontinues any course or programme or amalgamates such programmes or courses, it will use reasonable endeavours to provide a suitable and acceptable alternative.

4.3  The College shall have the right to cancel or suspend the whole or any part of any Course, without incurring additional liability and without being considered to have broken this agreement, where it is prevented from providing it in circumstances beyond its control, including force majeure; sickness/illness of specialised staff; withdrawal of funding or variation of any funding methodologies by any funding body, government department or similar agency; or change of government policy or other action of a government department or similar agency.

5.  General

5.1  Any decision by the College not to enforce its rights under these conditions shall not be construed as a waiver of such rights unless indicated by the College in writing.

5.2  As a general principle but subject to any separate formal agreement between the College and the Student and or third party, or by operation of law, the College recognises that the Student is the owner of any intellectual property rights created during or as part of a Course.

 5.3 These conditions are to be read together with the confirmation of offer and acceptance of an offer of a place by the Student. The Student is required to ensure that any Sponsor   who sponsors the Student’s place or Course is made aware of these conditions and the Student shall be regarded as having made these conditions known to the Sponsor prior to the acceptance of the offer.

5.4  Except as otherwise expressly stated herein, nothing in these terms confers any rights on any third parties pursuant to the Contracts (Rights of Third Parties) Act 1999.