1.1. The terms of the enrolment form and these terms and conditions constitute the terms of a legally binding contract (“the Contract”) between you, the student, any invoice addressee set out in the enrolment form and the Oxford College of Garden Design (the School).
1.2. Any enrolment application by you will be subject to written acceptance by the School. Our contract with you will begin following this written acceptance and upon payment of the admin fee as set out in the enrolment form.
2.1. The School’s Student Handbook is available here or on the School’s website. This contains the School’s rules and regulations and advice on how to prepare for and get the best out of the course. You must read the Handbook carefully before the course commences and comply with it and all other rules and regulations issued by the School from time to time.
2.2. You must complete all of your online course unless prevented by events beyond your reasonable control.
2.3. Subject to the Appeals Procedure set out in the Student Handbook, the School reserves the right not to issue you with a Diploma or to require you to cease completion of the course if:
2.3.1. in the view of the Principal, your conduct or participation is unacceptable; or
2.3.2. you are absent, for more than 4 consecutive weeks and we have not reached an agreement with you about retaking the courses in the event of illness or any other event outside your reasonable control.
2.3.3 Your instalment payment is unsuccessful.
2.4. The School reserves the right not to issue you with a Diploma if you fail to achieve the required standard.
2.5. The School reserves the right to change the timing and/or content of any course and to substitute any tutor/lecturer at any time.
2.6. Places on a course are not transferable.
3.1. Enrolment is subject to payment of an admin fee as set out in the enrolment form. The admin fee is non-refundable and will only be repaid if the School is unable to offer you a place on your chosen course or as set out in the contract.
3.2. Following acceptance of your application by the School as per 1.2, you will be issued with an invoice. You and the invoice addressee will be contractually bound to pay the full amount of the School’s fees (including all instalments) in the manner set out in the enrolment form. No refund will be made if you subsequently do not finish the course, or if you fail an exam.
3.3. If you have elected to pay by instalments and subsequently do not proceed or make sufficient progress with the online course, all outstanding instalments will become immediately payable. If you do not elect to pay by instalments, you and the invoice addressee will be deemed to have elected to pay the full amount of the School’s fees before the start of the course as set out in the enrolment form. This fee will be payable within 7 days of you starting the course.
3.4. In the case of the diploma course, students are advised to take out insurance against personal accident or illness.
3.5. Where any fee or part of a fee remains unpaid 14 days after the due date, the School reserves the right to:
3.5.1. charge interest on the overdue amount at 2% above Base Rate per annum from the due date until actual payment; and/or
3.5.2. suspend you and reallocate your place (without prejudice to the obligation to pay fees); and/or
3.5.3. Demand payment in full of all outstanding fees and instalments.
3.5.4 Suspend access to the course material and tuition until the payment is made.
3.6. If you/the invoice addressee pay by electronic bank transfer, you/the invoice addressee must ensure that the School receives the full amount due after any bank charges that are payable.
4.2. The School will not be liable for any loss or damages suffered by you, which is indirect, special or consequential or comprises loss of profits or anticipated savings arising under or in connection with this agreement.
4.3. The School will not be liable for any loss suffered by you resulting from any event, which is beyond the reasonable control of the School.
4.4 Nothing in these terms of enrolment shall limit or exclude the liability of each party for death or personal injury resulting from negligence or fraud or fraudulent misrepresentation.
5.1. The School reserves the right to cancel a course at any time subject to repayment of any enrolment fee and any fees received in respect of the course or the part of the course that has been cancelled.
5.2. You and the invoice addressee have the right to cancel the Contract (and have all monies returned by the school) at any time before the date 14 working days after the date of the Contract (the cancellation date) This right to cancel must be exercised by notice in writing. If a notice of cancellation is sent by post, it can be posted at any time up to and including the cancellation date. Or, alternatively, you could use the model cancellation form provided at the bottom of these terms of enrolment. If you start attending the course before the cancellation date, the right to cancel will be lost.
Your statutory rights are not affected
5.3. If you wish to cancel your place on the Diploma course and give written notice of cancellation to the School not less 4 weeks before the start of the course (being the first day of the first term), the School will refund any fees paid, less the non-refundable enrolment fee. Refunds will not be made for shorter courses.
5.4. You are not entitled to cancel the Contract in any circumstances other than as set out in the Contract.
7.1. You agree to keep confidential all course materials supplied to you by the School. Copyright and all other intellectual property rights in all course materials belong to the School. You agree to abide by Copyright law applying to any material you may incorporate into your own coursework submitted to the School.
7.2. You agree to grant to the School in respect of any work produced by you during the course, a perpetual royalty-free licence to copy and display such work for promotional purposes only.
7.3. The Contract contains all of the contractual terms agreed between you, the invoice addressee and the School. No other person shall have any rights to enforce any of this contract.
7.4. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
7.5. No failure or delay by the School in enforcing any of its rights under the Contract shall be deemed to be a waiver of such right.
7.6 If a court finds part of this contract illegal, the rest will continue in force. Each of these paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
7.7. The Contract shall be governed by English law.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Oxford College of Garden Design, Oxford Science Park, John Eccles House, Robert Robinson Avenue, Oxon, OX4 4GP, +44 (0) 1491628950, firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of the consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate