Agreement means these terms and conditions, the learning agreement form, the Fee Policy, and the Rules.

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.

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 this Agreement including without limit all tuition, course material charges, examination and registration fees.

Fee Policy means the policy of the College with regard to Fees set down by the College from time to time.

Intellectual Property Rights means all patents, copyright, design rights, registered designs, trademarks, know-how, database rights, confidential formulae and any other intellectual property rights.

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.

The conditions set out below together with the Rules, and applicable learning agreement form (online 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.

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.

2.1 Payment of Fees and Ancillary Course Costs

2.1.1 All Fees are subject to the College Fee Policy 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. Payment by instalments does not limit the Student’s liability for payment of the total Fees due.

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 The College reserves the right not to accept applications or enrolments from individuals or sponsors where Fees or other costs from previous courses remain outstanding until such time as all outstanding Fees or other outstanding costs are paid.

2.1.5 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.

2.2.1 In accordance with the Fee Policy 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 four 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 this Agreement.

2.2.6 This clause 2.2.6 applies if and only if the Student enters into Agreement with the College as a consumer; that is as an individual acting wholly or mainly outside the Student’s trade, business, craft or profession and where the Agreement is a distance contract or off-premises contract within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

2.2.6.1 Subject to clause 2.2.6.2 the Student may cancel the Agreement within 14 days without giving reason. The cancellation period will expire 14 days after the day on which the Agreement was entered into.

2.2.6.2 If the Student requests the College to begin performance of the Agreement during the cancellation period then if the Agreement is partially performed at the time of cancellation the Student must pay to the College an amount proportionate to what has been performed until the Student communicated to the College the cancellation of the Agreement (in comparison with the full coverage of the Agreement) and the College may deduct such amount from any refund due to the Student in accordance with this clause 2.2.6.

2.2.6.3 To exercise the right to cancel as set out in clause 2.2.6.1 the Student must inform the College by means of a clear statement setting out the decision by way of post fax or e-mail. The Student may use a model cancellation form which the College will make available to the Student, but it is not obligatory. To meet the cancellation deadline it is sufficient for the Student to send his or her communication concerning the exercise of the right to cancel before the cancellation period has expired.

2.2.6.4 If the Student cancels the Agreement on the basis described in this clause 2.2.6 the Student will receive a full refund of any amount the Student paid to the College in respect of the Agreement except as otherwise specified in this clause 2.2.6.

2.2.6.5 The College will refund money using the same method used to make the payment unless the Student has expressly agreed otherwise. The College will process the refund due to the Student as a result of a cancellation on the basis described in this clause 2.2.6.5 without undue delay and in any case within the period of 14 days after the day on which the College is informed of the cancellation.

2.2.7 A refund may be considered for those students who may for reasons, such as poor mental health, be unable to attend or complete the Course. Alternatively, the College may utilise the ‘Fit to Study’ process which enables the student to defer their studies. Please refer to the College’s Fit to Study process for more details.

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.

2.3.2 The Student’s attention is in particular drawn to the following:
Notwithstanding clause 2.3.1 and save for death or personal injury, the College’s total liability to the Student and/or the Sponsor under this agreement shall not in any event exceed the Fees paid by the Student and/or Sponsor in respect of the particular Course.

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 The College does not accept responsibility and expressly excludes liability to the fullest extent permitted in law for any indirect or consequential loss or damage (including without limit loss of profit, loss of earnings, loss of opportunity, living expenses) howsoever arising, suffered by the Student as a result of any breach by the College of this Agreement or any other act or omission of the College or its employees or agents.

2.3.5 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).

3.1 Students shall meet and comply with the requirements and/or standards set out in this Agreement, 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 Students will be expected to take or work towards GCSE 4 – 9 (A* – C) in English and/or maths as part of their Course if they have not already achieved this with the aim of achieving the qualifications by age 19. As a result of funding requirements the College reserves the right to exclude any Student from the Course should they fail to attend English or maths classes.

3.2.1 Students who have special educational needs within an Education, Health & Care Plan may be exempt from taking English and maths qualifications. Please contact the Learning Support team for further information.

3.3 In addition, Students are required to:
3.3.1 comply with all reasonable requests of College officers, staff and authorised contractors or agents;
3.3.2 comply with the conditions of use of College’s identity cards details of which are set out in the Rules;
3.3.3 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;
3.3.4 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
3.3.5 comply with the College’s computer use and associated IT policies.

3.4 By signing the Agreement the Student confirms that they have no unspent criminal convictions (excluding motoring offences). If this is not the case the Student must notify the College prior to enrolment so that the College can consider whether such convictions are compatible with enrolment at the College, and in particular with a place on the Course. For some Courses, Students may be required to disclose unspent convictions (violence, sexual offences and supply/dealing drugs). If the Student commits an offence whilst they are enrolled at the College they must declare the same to their Course leader.

3.5 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.

4.1 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.

5.1 Any intellectual property rights arising in connection with any work produced by a Student while they are enrolled at the College shall be owned by the Student.

5.2 The Student grants to the College a non-exclusive royalty-free irrevocable licence in respect of any intellectual property rights created by the Student while they are enrolled at College for the purposes of educational and promotional use, including websites and other online media, academic publications, posters, leaflets and prospectuses, including the right to sub-licence images for educational and promotional use. Any intended commercial use of the intellectual property rights by the College will be subject to separate negotiated agreements/licences with the Student.

5.3 The Student indemnifies the College from all costs, actions, claims, expenses or liabilities whatsoever that may arise from the College’s use of their intellectual property rights created under the licence granted at 5.2 above.

5.4 Unless otherwise stated the intellectual property rights of all material provided by the College shall remain vested in the College and may not be reproduced without the College’s, or the intellectual property right owner’s specific written consent.

6.1 Information provided by the Student is held by the College in its original electronic and other formats and is processed in accordance with relevant legislation including the General Data Protection Regulation 2018 (GDPR) and the College’s data protection policy and procedure. The College provides the detail of its use of Student data in its privacy notice set out within the joining instructions and is available to view on the College website www.cityplym.ac.uk/privacy-notices.

7.1 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.

7.2 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.

7.3 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.

7.4 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.

7.5 If any of the provisions of these conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provisions shall be deemed severed form the remainder of these conditions. The remainder of these conditions shall be valid and enforceable.

7.6 These conditions and the relationship between the Student and the College (whether contractual or otherwise) shall be governed by and construed in accordance with English law.

POLICY STATEMENT City College Plymouth is a not for profit organisation; however, to achieve the College’s aim of ensuring excellence in delivery of learning, training or services to individuals and employers, fees are set to ensure that when public funding subsidies are taken into account the College is able to at least cover the full costs of delivery, make a contribution to College overheads for the environment in which the activities take place, and the sustained investment in resources that is required. It is also a Government requirement for certain learning aims that fees are charged.

POLICY OBJECTIVES The policy seeks to ensure that:

• the College has a fees policy that is fair, equitable and clear;
• tuition fees and associated charges are calculated and applied consistently across the entire curriculum offer of the College;
• any barriers to participation presented by tuition fees and associated charges are mitigated by providing flexible payment options and/or assisting learners to access appropriate financial support to meet the cost of these;
• the College can respond flexibly to market forces and government policy, including fee guidance issued by relevant funding bodies;
• the College generates an increasing proportion of overall income from non publicly funded sources, particularly as central funding for 19+ further education provision is reduced; and
• the College develops appropriate and effective targets relating to fee income generation, and reviews performance against these regularly, and in relation to sector benchmarks.