Certificate in School Administration
Terms and Conditions
Issue 3 – June 2009
Please note that data given to us on the application form will be used by Hamilton House Mailings, Oxford Open Learning and the Institute of Financial Accountants as part of the administration of the course, but will not be used by any other parties. By agreeing to these terms and conditions you are consenting for your data to be passed between these three companies to be used for the administration of the course only.
1. DEFINITIONS AND INTERPRETATION
In these conditions, unless the context otherwise requires the following words and expression shall have the meanings set out next to them: “Conditions" means the terms and conditions set out in this document; “Confirmation” means a written confirmation of the offer of a place on the course; “Course” means the National Certificate in Educational Administration course and/or the Certificate in Management Practice run by the School of Educational Administration. “The School” means the School of Educational Administration which is a trading name of Hamilton House Mailings Ltd. “Student” means anyone who has applied for a place on either of the courses. "Contract" means the legally binding agreement between School and the student arising out of the student's signed Confirmation received by the School. "Goods" means any goods supplied by the School in connection with the course.
The headings in these Conditions are for ease of reference only and shall not be taken into account in the construction or interpretation of any provision to which they refer. References to any statute or statutory provision include a reference to that statute or statutory provision as from time to time amended or re-enacted. The singular includes the plural and vice versa and any gender includes any other gender.
2. APPLICABILITY OF CONDITIONS
The provision of the services and the supply of Goods in relation thereto by the School are subject to the provisions of the Conditions and the Conditions override all other express or implied terms and conditions contained in any order, correspondence or other communication with the student other than the Confirmation. No variation of the Conditions will be binding on the School unless it is in writing and signed by an officer of The School. If there is a conflict between the provisions of the Conditions and any provision of the Confirmation, the Confirmation shall take precedence over the Conditions.
3. ACCEPTANCE OF AN OFFER OF A PLACE
The offer of a place on the course is open for acceptance by the student by signing and returning a copy to the School without making any alterations thereto without the School’s prior consent within 30 days of the date of the Confirmation. The School reserves the right to refuse to proceed with any order not accepted in this manner, or to proceed subject to such amendments to the Confirmation as are agreed in writing between the School and the student.
4. PRICE AND PAYMENT
- The school will provide the course at the prices specified in the Confirmation. The school shall charge the appropriate amount of value added tax due whether or not included on the Confirmation.
- The student will pay for the course at the times and in the manner specified in the Confirmation.
- The school reserves the right to correct prices and invoices where typographical, clerical or other errors have been made in the Confirmation or in any invoice.
- If the course fees are to be paid by a third party the student must inform the School of this in writing prior to the start of the course.
- Title to any Goods supplied by The School shall not pass to the student until all payments in respect thereof have been made in full. The Goods shall be at the sole risk of the student from the time of delivery. Purchase of the goods as part of the course will not entitle the student to re-sell or otherwise supply the goods to any third party. Replacement goods are available but will be charged at the appropriate commercial rate.
- Refunds will reflect consumer rights. Cancellation must be made in writing at least 30 days before the start of the student’s programme as noted in the Confirmation, and an administrative charge will be made and deducted from the refund. For the National Certificate course this administrative charge will be £30 and for the Certificate in Management Practice it will be £15. Under the Distance Selling Regulations 2000, once the student has received the course pack they have seven days in which to cancel in writing and a further 21 days to return the course pack.
- Instalment payments must be made on the dates given in the Confirmation. Failure to pay will be deemed to be cessation of participation in the course and payment will be requested in full.
- Students wishing to defer to another course will be offered one free deferral, subsequent deferrals will be subject to a £100 fee
- Students wishing to downgrade from the full course to the singular module course will be refunded the difference minus a £50 administration and will be subject to any other costs incurred
5. STUDENT'S OBLIGATIONS
The student shall:-
- Endeavour to complete the course in the time span set out within the Confirmation.
- At his/her own expense retain duplicate copies of all materials supplied to the School or elsewhere as part of the course.
- Only submit work that is genuinely his/her own work – or where this is not the case specify this clearly at the time of submission.
- Ensure that any material submitted as part of the course does not infringe any copyright owned by any third party; and is not defamatory, obscene, indecent or otherwise illegal or unlawful and shall indemnify the School against any loss, claims, damages, costs and expenses howsoever arising in connection with any material submitted which is actually or allegedly defamatory, obscene or indecent;
- And inspect the materials within the course on delivery of the same .
- Ensure that any communications posted on the virtual learning environment are not defamatory, obscene, indecent or otherwise illegal or unlawful.
- Ensure that any attachments sent to the virtual learning environment do not contain any known viruses or harmful contents.
6. The SCHOOL’S OBLIGATIONS
- The School will provide the Services subject to these Conditions in a good and professional manner and in accordance in all respects with the Confirmation. However the student notes that the running of the course is subject to validation of the course by the Institute of Financial Accountants, or other suitable body nominated by the School.
- Where any dates are specified in the Confirmation, The School will endeavour to perform the Services by such date. However time is not of the essence in such matters. If the School through not completing its commitment on time inconveniences the student in any way, the student may request for an extension to time limits so that the student can complete any work requested. The School will not unreasonably refuse such a request.
- Students will receive all module booklets in time for the start date as shown in the confirmation.
- The school reserves the right to alter the dispatch date of course material, but will not do so unreasonably.
7. WARRANTY AND LIMITATION OF LIABILITY
- The School shall not be liable in respect of any defect in the course. However it will use all its good offices to correct any alleged defect which it recognises as such once written notification is given.
- If an inspection of any goods supplied as part of the course reveals an inaccuracy or omission the student shall notify The School of the inaccuracy within 7 days of receipt of the goods.
- All conditions, warranties and representations (unless fraudulent) expressed or implied by statute, common law or otherwise in relation to the Goods and the Services provided hereunder, with the exception of liability for death or personal injury caused by the negligence of The School, are hereby excluded and the School shall be under no liability to the student for:-
- any costs or expenses;
- any loss of employment, overtime, profit, business, contracts, revenue or anticipated savings; or
- any special, indirect or consequential loss of any nature suffered by the student arising directly or indirectly out of the provision of the Services or the Goods by the School, its employees, its sub-contractors or its agents or any defect in the Services or the Goods.
- Notwithstanding the provisions of sub-Clauses 7(1) to (3), where any matter gives rise to a claim against the School its liability shall be limited to a sum equal to the price paid by the student under the Contract.
8. FORCE MAJEURE
- The School shall not be liable for any failure or delay in the provision of the Services caused by Force Majeure provided that, as soon as the School is aware of any such delay or failure, it gives written notice to the student explaining the nature of the Force Majeure, how long it is anticipated to last and when normal service will be resumed.
- If the Force Majeure persists or is, in the opinion of the School, likely to persist for a period longer than one month, the School may terminate the Contract or the provision of the relevant part of the Services on giving the student not less than one month's prior notice in writing.
- For the purposes of this clause, "Force Majeure" means: act of God; outbreak of hostilities, riot , civil disturbance, acts of terrorism; the act of any government or quasi-governmental authority (including the refusal or revocation of any licence, consent or permit); fire, explosion, flood, fog or bad weather; power failure, failure of telecommunication lines, failure or breakdown of plant, equipment or machinery; theft, malicious damage, strike, lockout or industrial action of any kind; any other cause or circumstance beyond the School's reasonable control.
9. UNAUTHORISED USE OR COPYING OF COURSE MATERIALS
If it transpires that a student has used or allowed to be used any materials supplied by the School for any purpose outside that of studying the course (for example by offering the materials for re-sale or by copying the materials or in using them as part of another course) the School shall invoice the student at three times the applicable charge for the provision of the materials and the student shall pay this invoice within 30 days.
10. VERIFICATION OF WORK
In submitting work as part of the course the student asserts that the work is his/her own work. If the School suspects that any of the work is plagiarised the school will put its feelings to the student, and allow the student 21 days to respond. The School will then judge the matter in the light of the evidence and submit its findings in writing to the student. A student found guilty of plagiarism will be allowed to resubmit the work in question without further penalty. A student found guilty of plagiarism twice will be expelled from the course. There will be no refund in such a case.
Work undertaken by the student as part of the course remains the copyright of the student, unless and until the student disposes of the copyright otherwise. The materials supplied by the School as part of the course remain the copyright of the School.
13. THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
The School and the student each undertake and agree to indemnify the other for any expense, damage or loss suffered as a result of any claims or proceedings against the other, regarding infringement or alleged infringement of any intellectual property rights owned by a third party, resulting from the use of any text, data or design or artwork or other materials or items supplied by that party, in connection with the course.
Without prejudice to any other rights or remedies the School may have, the School may terminate the Contract and any other contract between the student and the School immediately by notice in writing if the student breaches any provision of the Contract which cannot be remedied to the satisfaction of the School within 14 days of the School serving notice of the breach and the remedy required. Upon termination of the Contract the School shall be entitled to invoice the student for any costs incurred in connection with any contract terminated and the amount invoiced shall be immediately due and owing.
Any notice required to be given under these terms and conditions must be in writing and be served on the recipient by personal delivery, first class post or fax at the address shown in the Confirmation, or any other address notified by the recipient from time to time. A notice received personally shall be deemed to have been served at the time of delivery. A notice sent by first class post shall be deemed to have been served two working days after the day of posting. A notice served by fax shall be deemed to have been served at the time of transmission provided the sender is able to produce evidence of its having duly transmitted and received. A notice served by email shall be deemed to have been served at the time of transmission.
The waiver or forbearance of failure of either party in insisting in any one or more instances on the performance of any provisions of a Contract shall not be construed as a waiver or relinquishment of that party's rights in respect of any continued default of any future non-performance of that or any other provision.
Any dispute arising under or in connection with the Conditions or the provision of the Services or Goods shall be referred to arbitration by a single arbitrator appointed by agreement or, in default, nominated on the application of either party by the President for the time being of the Law Society for England and Wales.
To the extent not provided for elsewhere in the Contract the student shall indemnify the School for any loss, costs, claims, damages and expenses, incurred indirectly or directly by the School in connection with any breach of the Contract by the student.
If any term of the Contract shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision shall to that extent be deemed not to form part of the Contract but the enforceability of the remainder of the Contract shall not be affected.
20. PROPER LAW
The Conditions and any Contract to which they apply shall be interpreted and construed under English law and the parties hereby agree to submit to the non-exclusive jurisdiction of the Supreme Court of Justice in England.