STUDENT ENROLMENT TERMS & CONDITIONS
Date of approval: Sept 2016
Next review date: 02/09/2017
Previous review dates: 03/09/2015
1. Effect of these Terms & Conditions.
2. School's obligations.
3. Your obligations.
4. Fees and payment
5. School rules and regulations.
6. Change of circumstances.
7. Provision of the Programme.
8. Requirements for termination of these Terms & Conditions.
9. Special conditions.
10. Data protection.
Student Enrolment Terms & Conditions
1.1 These terms & conditions (“Terms”) are the standard terms and conditions for undergraduate, postgraduate and all other students enrolling with FairfieldSchool of Business Limited (“FSB”). Together with the other documents to which they refer, these Terms form the contract between FSB and you, the student, with regard to your programme of study at FSB (“the Programme”). If there is any inconsistency between these Terms & Conditions and any other document generated by or on behalf of FSB, these Terms shall prevail.
1.2 These Terms & Conditions together with the matters referred to in any document setting out the offer made to you (directly to you by FSB (“Offer”) and on the enrolment form or on-line application) form the entire understanding between you and FSB with regard to the Programme and replace any other written or verbal promises, undertakings or representations.
1.3 No contract will exist between you and FSB until you formally notify FSB of your acceptance of an Offer of a place in the way applicable to your application, whether that is by signing an Agreement or accepting the offer through the online application system.
1.4 It is a condition of entry on to the Programme, in each academic year that you formally enrol either via on-line enrolment or by completing an appropriate form. By doing so you are agreeing to these Terms & Conditions (and any amendment or addition to the same applicable at the date of enrolment in each academic year), FSB’s rules and regulations therein, and to pay all fees due, by the dates specified by FSB, unless previously agreed otherwise in writing by the appropriate School authorities.
1.5 All applications must be signed by the student in person. All applications made online will be assumed to be made by the student in person. Under no circumstances will applications made for an individual by a third party be accepted.
1.6 FSB reserves the right to request any student to apply for a Basic Disclosure check either before or after the enrolment (Basic Disclosure contains only convictions considered unspent under The Rehabilitation of Offenders Act 1974). FSB shall be entitled to refuse to enrol you or to require you to stop studying on the Programme, and to leave the School immediately, if you fail to comply.
1.7 FSB admission process is subject to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If you have applied through our online enrolment form or have accepted the offer by post or email subsequent to contacting our admissions staff by telephone or email only, your acceptance of these terms will be treated as a ‘distance contract’. In such cases, after accepting an Offer you have a right to cancel your acceptance of the Offer at any time up to 14 days after you confirm your acceptance. If you cancel within this period you will be entitled to a refund of any deposit/tuition fees which you have paid and you will not be bound by these Terms & Conditions. If you have requested an early performance of the services below, then FSB will be entitled to deduct the value of any such services provided at the time of your cancellation request. Refunds requested by students of a ‘distance contract’ will paid within 14 days of the cancellation request. FSB prefers these requests be made on the cancellation form by email or delivered to the Administration Office however, any clear statement of your intention to cancel is sufficient.
FSB shall provide the following services:
2.1 provided you meet all entry requirements set by FSB at the date of your application, enrol you as a student with FSB.
2.2 provide you with the Programme;
2.3 make available to you such learning support facilities and services as are reasonably necessary for completion of the course, including [list support facilities provided e.g. e-learning platforms, virtual libraries, forums]. FSB shall be able to make variations from time to time to the Services and facilities provided, and you agree that changes to such support facilities and services shall not be deemed to be substantial changes to this contract.
You are required to comply with your obligations under these Terms & Conditions and to:
3.1 Attend lectures, courses, tutorials, examinations and other activities which form part of the
Programme (subject to absence for genuine medical reasons or other special circumstances)
3.2 Complete and submit all course work required for the programme of study by published deadlines or inform Assessment Officer where a situation arises that prevents you from doing so in accordance with School regulations
3.4 Provide FSB with an emergency contact name and details which may be used by FSB at its discretion
3.5 Familiarise yourself with and agree to abide by all School Regulations
3.6 Comply with any professional standards, if applicable, in relation to the Programme
3.7 Behave appropriately whilst on School premises and comply with the Student Code of Conduct set out in the Student Handbook, in the Student Code of Conduct & Disciplinary Procedures, and available on the Student Portal.
3.8 Carry your School issued Student Identification Card (“ID Card”) with you at all times whilst on School premises or engaged in School activities and present it to authorised School staff if requested to do so
3.9 Comply with any reasonable instructions issued to you from time to time by FSB
3.10 Notify FSB promptly of any changes to the information which you submitted on application or enrolment; for example, if you change your correspondence address
3.11 Notify FSB promptly in the event that you choose to withdraw from FSB
3.12 If you fail to participate in your programme of study to an extent that the School believes that you will be unable to successfully progress or complete the programme, OR you fail to respond adequately to FSB’s attempts to seek your re-engagement with your programme of study, FSB shall have the right to terminate your place on the programme.
3.13 If you are depending on Student Loan Authority to pay the school fee, then it is your responsibility to make the application well in advance to get your application approved. Delay in applying for the finance may result in delay the confirmation (with SLC) and release of finance. In such circumstance you have to pay the fees as self funded, FSB will refund the fees if received from third party (SLC, or from any other sources).
FSB’s regulations relating to fees and payment, including FSB’s refund policy, are detailed within the Tuition Fee and Refund Policy. You may terminate this agreement by notice at any time by email to email@example.com. If you do so up to 30 days before the course commences you will receive a refund of all pre-payments. If you do prior to the final semester, you will be refunded 50% of the prepayments made. No refund is available for cancellations in the final semester.
5.1 You are required, as a condition of accepting an Offer, to abide by all relevant codes, rules and regulations of the FSB in existence during the Programme, which relates to the activities of students at FSB, or which may apply to you and your particular programme option. These shall include (but shall not be limited to) the following:
FSB Academic Regulations
FSB’s Tuition Fee and Refund Policy
FSB’s Student Enrolment, Record Keeping and Monitoring Policy
FSB’s Student Complaints Procedure; Equal Opportunities Policy;
FSB’s Student code of Conduct and Disciplinary Procedure
FSB’s Health and Safety Policy
FSB’s Student Attendance Policy; Library Regulations
All programme handbooks, codes, rules and regulations of any other relevant organisation or institution, if required as part of the Programme, as such codes, rules and regulations are amended from time to time.
5.2 If your studies with FSB are terminated as a result of disciplinary action taken against you in accordance with the disciplinary procedures of FSB these Terms & Conditions shall end automatically without the need for any notice, unless FSB agrees otherwise in writing.
In addition to the FSB’s rights to end these Terms & Conditions in accordance with Conditions 5.2 above, FSB shall be entitled to end these Terms & Conditions immediately by notice in writing to you in the following circumstances:
6.1.1 If between the acceptance of an Offer by you and the beginning of the Programme, or there is a change in your circumstances or if FSB becomes aware of information relating to you not previously known to it (including, but not limited to, information about criminal convictions, subject to the Rehabilitation of Offenders Act 1974) which in the reasonable opinion of FSB makes it inappropriate for you to study on the Programme; or
6.1.2 If you fail to notify FSB immediately of any convictions that occur whilst you are registered as a student at FSB; or
6.1.3 If, in the reasonable opinion of FSB, you have failed to provide FSB with all relevant information which could affect your acceptance on the programme or have supplied false or misleading information relating to your application for the Programme. Your attention is particularly drawn to the provision of condition 7 below.
7.1 Whilst FSB undertakes to take all reasonable steps to provide the Programme and services with reasonable care and skill, should circumstances beyond the control of the School interfere with its ability to provide the Programme or the Services, FSB undertakes to take all reasonable steps to minimize the resultant disruption to the Programme and the Services.
7.2 FSB will use all reasonable endeavours to deliver the Programme in accordance with the description applied to it in FSB’s prospectus for the Academic Year in which you begin the Programme. However, FSB has limited resources which it has to manage in an efficient way, in the context of the provision of a wide range of courses to a large number of students. FSB therefore shall be entitled:
7.2.1 at any time to alter the timetable applicable to you, to alter the number of classes relating to the Programme, alter the methods by which the Programme is delivered and to alter the location of delivery of the Programme, such changes not to be considered substantial unless they would alter the study mode, academic classification, or eligibility for benefits, immigration status or Council tax credit purposes of the course;
7.2.2 to make reasonable variations to the content and syllabus of the Programme, such changes not to be considered substantial;
7.2.3 to discontinue the Programme or decide not to provide the Programme or to merge or combine the Programme with other programmes of study. If FSB decides not to provide the Programme, or makes any substantial variation to the Programme prior to the Programme then it will use reasonable endeavours to notify you in advance and you shall be entitled to withdraw your application by written notice to FSB. In these circumstances you will be entitled to a refund of any deposit/fees which you have paid to FSB.
7.2.4 FSB is not liable to provide a refund if substantial changes are made as a result of decisions made by an accrediting body or to comply with changes in law or industry practise.
7.3 FSB does not accept responsibility, and expressly excludes liability, for:
7.3.1 any indirect or consequential loss or damage (including, without limitation, loss of profit, loss of earnings, loss of opportunity, and living expenses), however arising, suffered by you as a result of any breach by FSB of these terms & conditions or any other act or omission of FSB or its employees or agents.
7.3.2 FSB shall not be held responsible for any loss, damage or expense resulting from any delay, variation or failure in the provision of the Services or facilities relating to any programme or course arising from circumstances beyond FSB’s reasonable control.
7.3.3 Although FSB shall endeavour to ensure that computer equipment and software, it makes available for your use has reasonable security and anti-virus facilities and protections, your use of such computer equipment and any software provided by FSB is at your own risk. FSB shall not therefore be liable for any loss or damage suffered by you as a result of use of any computer equipment or software provided or made available by FSB to you, including (but without limiting the general nature of this condition) any contamination of software or loss of files as a result of using FSB equipment or software.
7.3.4 If FSB is found liable to you for any breach by FSB of these terms and conditions the liability of FSB shall be limited to a refund of the Fees actually paid by you.
7.3.5 Nothing in this Condition 7 or in the rest of these Terms & Conditions shall operate to exclude FSB’s liability for death or personal injury caused by FSB’s negligence, or for fraudulent misrepresentations.
If at any time FSB terminates these Terms & Conditions as a result of its rights under these Terms & Conditions or if these Terms & Conditions terminate automatically:
8.1 FSB shall be entitled to refuse to enrol you on the Programme, if at the date of termination you have not already enrolled
8.2 FSB shall be entitled to require you to stop studying on the Programme, and to leave FSB immediately, if at the date of termination you have already enrolled
8.3 any action taken by FSB under Conditions 8.1 or 8.2 will not restrict the ability of FSB to take any other action against you to which it may be entitled
8.4 FSB will not be liable for any loss or damage of whatever nature which you may suffer as a result of any action taken against you by FSB to terminate these Terms & Conditions or disciplinary action by FSB (provided the action by FSB is taken properly in accordance with these Terms & Conditions or FSB’s procedures); and
8.5 you are required to return the Student Identification Card which was issued to you on enrolment.
You agree that you will abide by any special conditions relating to the Programme set out in the Prospectus, or as otherwise notified to you by FSB, and these shall be incorporated in this contract.
10.1 FSB may use and process personal data or information regarding you whilst you are a student of FSB and after you have left FSB.
10.2 After accepting an Offer you have consented to FSB processing your data, including Sensitive personal data for the purposes and in the manner set out in this Condition 10. Sensitive personal data includes information held by FSB as to your physical or mental health or condition, your racial/ethnic origin, the commission or alleged commission of any offence by you and any proceedings for an offence committed or alleged to have been committed by you (including the outcome or sentence in such proceedings).
10.3 The purposes for which FSB may process your personal data (including sensitive personal data) include:
10.3.1 The administration of your enrolment on and participation on a Programme, including the administration of examinations, the issue of results and certificates in connection with the Programme and (where applicable) the provision to your employer or other sponsor/corporate sponsor information about your attendance and performance on a Programme;
10.3.2 the provision of School services and facilities to you and the protection of your health, safety and welfare whilst at FSB;
10.3.3 The issue and operation of FSB’s ID card in accordance with Condition
10.3.4 the collection of tuition fees and other School fees;
10.3.5 Equal opportunities monitoring ;
10.3.6 Arrangement and marketing of alumni activities;
10.3.7 The provision of references about you;
10.3.8 The provision of information to any government body or agency;
10.3.9 For safety purposes; and
10.3.10 the provision of information to the Higher Education Statistics Agency (HESA)
Your HESA information, including linked data is used for four broad purposes: public functions, administrative uses, HESA publications and Equal opportunity, research, journalism and other processing in which there is a legitimate interest. For more information, see the HESA Collection Notice at http://www.hesa.ac.uk/fpn
10.4 In some circumstances, it may be necessary for FSB to transfer your personal data to a country outside the European Economic Area (for example, if that is your country of origin). Such a transfer will only be made for the purposes specified in Condition 10.3.
However, you should be aware that countries outside the European Economic Area may not offer data protection law equivalent to that applicable in the United Kingdom and in the Enrolment Form you consent to the transfer of data in these circumstances and for those purposes. Where we make such a transfer to a country that does not provide the same level of data protection as the UK, we will put a contract in place to ensure your information is protected.
10.5 FSB will issue you with an ID card which will serve as a means of identification and your means of access to School services and facilities, including libraries and computing facilities.
10.6 In some circumstances, FSB may wish to use data in the form of photographs of classroom situations as part of general marketing materials for example in the FSB’s annual report, prospectus or course materials. Personal data alongside photographs will only be used with explicit consent.
11.1 If any provision of these Terms & Conditions is or becomes illegal, invalid, void or unenforceable, that shall not affect the legality, validity or enforceability of the other provisions.
11.2 Any notice or other communication made under these Terms & Conditions shall be in writing and addressed to you at the last address notified by you to FSB and/or sent to your FSB email account, and shall be deemed to have been properly served if delivered by hand when left at that address or if made by pre-paid first class post, 48 hours after being posted to that address.
11.3 If you breach these Terms & Conditions and FSB chooses not to exercise any right which it may have against you, that shall not prevent FSB from taking action against you in the future in respect of that breach or any further breaches by you.
11.4 These Terms & Conditions are only enforceable by you and FSB. No other person shall have any rights in connection with these Terms & Conditions.
11.5 These Conditions shall be governed by and construed in all respects in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the English courts.