1.1 In these Conditions:
"Enrolment Form" means the College's Enrolment Form.
"Employers' Undertaking Form" means in the case of a Client not attending the Course the form of authority given by a Client authorising a Student to attend the Course together with an undertaking to pay the Course Fee.
"Client" means either a Student whose application for enrolment on the Course is accepted by the College being the person who pays the Course Fee and, if appropriate, the person who signs the Employers' Undertaking Form attached to a Student's application for enrolment on the Course which is accepted by the College being the person who pays the Course Fee as the case may be.
"College" means Wiltshire College of College Road, Trowbridge, Wiltshire BA14 0ES, of Cocklebury Road, Chippenham, Wiltshire SN15 3QD of Lacock, Chippenham, Wiltshire SN15 2NY of Southampton Road, Salisbury SP1 2LW or any of its college centres or subsidiaries which may be set up from time to time.
"Conditions" means the standard terms and conditions set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Client and the College in accordance with Condition 2.4.
"Contract" means the contract for the provision of the Course.
"Course" means the Course (including any part of it) referred to on the Enrolment Form and which the College is to provide in accordance with the Conditions.
"Course Fee" means the fees or any part of them payable in respect of the Course as determined by the College from time to time.
"Student" means the person whose application for enrolment on the Course is accepted by the College being the Client or the person authorised by the Client.
"Writing" includes telex, email, facsimile transmission and comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their nterpretation.
2.1 The College shall provide the Course and the Student shall take part in the Course in accordance with any written Enrolment Form completed by or for the Student which is accepted by the College subject to these Conditions. Theses conditions shall govern the Contract to the exclusion of any other terms and conditions.
2.2 Notice of the Course Fee issued to the Client or the Student by the College may be withdrawn or varied at any time prior to acceptance of the Student's Enrolment Form.
2.3 In certain circumstances the Student may be required to attend an interview with the College and subject to satisfactory completion of such interview by the Student the College may at its discretion accept the Enrolment Form of the Student. No binding contract shall in any event arise until the Student's written Enrolment Form has been accepted by the College.
2.4 No variation of these Conditions shall be binding unless agreed in writing between the authorised representative of the College and the Client.
2.5 The College's employees or agents are not authorised to make any representations concerning the Course unless confirmed by the College in writing.
2.6 Any advice or recommendation given by the College or its employees or agents to the Client or the Student as to the operation or content of the Course which is not confirmed in writing by the College is followed or acted upon entirely at the Client or Student's own risk, and accordingly the College shall not be liable for any such advice or recommendation which is not so confirmed.
2.7 Any descriptive material including but not limited to information contained in the College's brochures or prospectuses, advertising material or elsewhere shall not form part of the Contract and shall be treated as for guidance only unless specifically stated otherwise. The College may at its discretion from time to time vary the content of the Course from that advertised without notice to the Client or the Student provided that any such variations do not constitute material alterations to the Course.
2.8 The College may at its discretion cancel the Course if (due to insufficient numbers of persons wishing to attend the Course or other significant reason) the College is unable to run the Course. In such circumstances the College's liability shall be limited to a full refund of all or any of the Course Fee already paid by the client to the College. There shall be no entitlement, on the part of the Client, to receive payment of interest on the fees collected in advance and subsequently refunded. Refunds will normally be made by cheque payment to the student, irrespective of the original payment method.
2.9 There is a minimum age limit of 16 years for attendance on the Course. Where the Student is over 16 years of age but still at school the permission of the Student's head teacher is required before attendance on the Course will be permitted.
3.1 The Client shall be responsible to the College for ensuring the accuracy of the terms of any Enrolment Form submitted by the Client or the Student and for giving the College any necessary information relating to the Course within a sufficient time to enable the College to perform the Contract in accordance with its terms.
4.1 The Course Fee payable by the Client for the Course shall be the fees quoted by the College for the Course at the date of acceptance of the Enrolment Form.
4.2 In certain circumstances the Client may be entitled to a reduction in the Course Fee upon application to the College. The decision of the College on such reduction shall be final and binding and shall be notified to the Client or the Student.
4.3 In addition to the rights of the College under Condition 4.1 the College reserves the right by giving notice to the Client or the Student at any time before the commencement of the Course, to increase the Course Fee for the Course to reflect any increase in the cost to the College which is due to any factor beyond the control of the College (such as, without limitation, any significant increase in the costs of operating the Course, Course materials or otherwise any change to the Course caused by instructions of the Client or the Student or failure of the Client or the Student to give the College accurate information or instructions).
4.4 The Course Fee for the Course is inclusive of any taxes, duties or imposts which may be applicable at the relevant time.
5.1 Subject as provided in Clause 5.2 hereof payment of the entire Course Fee for the Course shall be made by the client upon submission of the Enrolment Form to the College.
5.2 Not withstanding the provisions of Clause 5.1 hereof the College will accept the Enrolment Form and enrol the Student on the Course without payment of the entire Course Fee at the time the Enrolment Form is submitted to the College as set out in Clause 5.1 if:
5.2.1 the Course Fee shall be expressed to be payable on a term basis and payment of the Course Fee in respect of the Course for the relevant term is paid by the Client prior to the beginning of that term; or
5.2.2 in the case of the student having his/her course fee paid for by their LA or Student Loan Company the student must provide evidence of that support within six weeks commencement on their course; or
5.2.3 in the case of the client being the employer of the Student an Employers' Undertaking Form confirming the same is enclosed with the Enrolment Form or a letter from the Client is attached to the Enrolment Form in which the Client undertakes to pay the Course Fee within fourteen days of the invoice date; or
5.2.4 in the case of the Client being a self-employed person paying his/her own Course Fee and requiring an invoice for the Course Fee before payment is made, a College Form of Undertaking for Self-Employed People in which the Client undertakes to pay the Course Fee on receipt of the invoice is completed by the Client on enrolment on the Course; or
5.2.5 a reduction in the Course Fee is authorised for the client and he/she provides, to the satisfaction of the College, evidence of entitlement to such reduction and pays the reduced Course Fee at the time notified by the College; or
5.2.6 the Client is in the circumstances entitled to assistance under Government sponsored schemes and has completed and signed a declaration that it satisfies any applicable conditions and pays the Course Fee less any applicable relief at the time of submitting the Enrolment Form.
5.3 The time of payment shall be of the essence of the Contract. All payments of the Course Fee shall be made in full without deduction in respect of any set-off or counterclaim. If the Course Fee is not paid by the Client on the due date the College reserves the right to cancel the Student's place on the Course.
5.4 If the Client fails to make any payment of the Course Fee on the due date then without prejudice to any other right or remedy available to the College, the College shall be entitled to cancel the Contract and/or if the Course has commenced prevent the Student further from attending the Course.
5.5 Students attending courses at Wiltshire College under franchise arrangements with partner universities should pay any tuition fees due to the University and the University's own terms and conditions will apply.
6.1 Where the Student has been accepted on the Course by the College and the Client or the Student subsequently cancels its place or withdraws from the Course the Client will not be entitled to a refund or reimbursement of all or any Course Fees paid in respect of the Course except where at least one week's notice before the start of the course is given in which case a £40 administration charge will be deducted before a refund is made. Refunds will be made by cheque payment to the student, irrespective of the original payment method.
6.2 No refund will be due where a student leaves the employment of a Client, whether or not the Student continues on the course.
7.1 The Course shall be provided by the Student attending the Course at the College's premises, premises hired by the College, or premises provided by the Client at such times and dates as may be notified to the Client or the Student by the College.
7.2 The College shall endeavour to provide the Course on the dates and times quoted by the College but such dates and times are not guaranteed. The date for completion of the Course shall be extended by a reasonable period if there is any delay caused by industrial dispute or by any cause beyond the reasonable control of the College. The Course may be completed by the College in advance of the quoted completion dateupon giving reasonable notice to the Client or the Student.
7.3 Where the Course is being provided by separate instalments, each instalment shall constitute a separate contract and failure by the College to provide any one or more of the instalments in accordance with these Conditions or any claim by the Client or the Student in respect of any one or more instalments shall not entitle the Client to treat the Contract as a whole as repudiated. Where the Client or Student withdraws before completion of an instalment, the Client or Student remains liable for the whole payment and will not be entitled to any refund.
7.4 If the College fails to provide the Course for any reason other than any cause beyond the College's reasonable control or the College's fault, and the College is accordingly liable to the Client, the College's liability shall be limited to the actual cost to the Client of the Course or relevant instalment of the Course at the relevant time.
7.5 If the Student fails to attend the Course (otherwise than by reason of the College's fault) then without prejudice to any other right or remedy available to the College, the College may charge the Client for the total cost of the Course Fee.
8.1 It is the responsibility of the Client or the Student to make the Student's own examination entry by the appropriate examination entry date in respect of the Course. Appropriate forms can be obtained from the College for such purpose.
8.2 The Client or the Student shall be obliged to make payment of any applicable examination fee in respect of the Course (the "Examination Fee") at the time notified by the College.
8.3 The Student will not be entered for any examination unless an examination entry has been made and:-
8.3.1 the Examination Fee has been paid by the Client or the Student; or
8.3.2 in the case of the Client being a self-employed person paying its own Examination Fee and requiring an invoice for the Examination Fee before payment is made, a College Form of Undertaking for Self-Employed People in which the Client undertakes to pay the Examination Fee on receipt of the invoice was completed by the Client on enrolment on the Course.
8.4 Any reduction which applies to the Course Fee paid by the Client will also apply to the Examination Fee payable by the Client or the Student in respect of the Course provided the Student's tutor has confirmed that the Student's progress, attendance and conduct on the Course has been satisfactory and that it is the Student's first sitting of the examination at the College.
9.1 The College warrants that the Course will correspond with its description at the time it is provided and will be of a suitable quality in the opinion of the College and that to the best of the College's knowledge and belief the Course will be accurate and up to date.
9.2 The above warranty is given by the College subject to the following conditions:-
9.2.1 the College shall be under no liability in respect of any Course materials or information provided by any third party other than the College.
9.2.2 the College shall be under no liability in respect of any loss or damage arising to the Client or the Student where the Client or the Student relies on information provided by the Course.
9.3 Subject as expressly provided in these Conditions all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.4 The statutory rights of the Client are not affected by these Conditions.
9.5 Any claim which is based on any defect in the quality of the Course shall be notified to the College within three days from the relevant date of attendance on the Course or relevant instalment of the Course or (where the defect or failure was not apparent upon attendance on the Course) within a reasonable time after discovery of the defect or failure. If the Student attends the Course, and the Client or the Student does not notify the College of any claim in accordance with the provisions of this Condition, the College shall have no liability for such defects or failure, and the Client shall be bound to pay the Course Fee as if their Course had been provided in accordance with the Contract.
9.6 Where any valid claim in respect of the Course which is based on any defect in the quality of the Course is notified to the College in accordance with these Conditions, the College shall, at its sole discretion, refund to the Client the Course Fee (or a proportionate part of the Course Fee) but the College shall have no further liability to the Client or the Student.
9.7 Except in respect of death or personal injury caused by the College's negligence, the College shall not be liable to the client or the Student by reason or representation, of any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses, or other claim for consequential compensation whatsoever (and whether caused by the negligence of the College, its employees or agents, or otherwise) which arise out of or in connection with the provision of the Course, except as expressly provided in these Conditions.
9.8 The College shall not be liable to the Client or the Student or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the College's obligations in relation to the Course, if the delay or failure was due to any cause beyond the College's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the College's reasonable control:
9.8.1 Act of God, explosion, flood, tempest, fire or accident, sickness/illness of a specialist lecturer;
9.8.2 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the College or third parties).
10.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed in the case of the Client to the last known address of the Client or Student at the relevant time, and in the case of the College to the Principal of the College at the last known address of the College at the relevant time.
10.2 No waiver by the College of any breach of the Contract by the Client or the Student shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.3 In the case of the Client not attending the Course, the Client undertakes to ensure that the Student shall comply with all relevant provisions of these Conditions at all times throughout the period of the Contract as if the Student were a party to the Contract.
10.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part of the validity of the other provisions of these Conditions the remainder of the provision in question shall not be affected thereby.
10.5 These Conditions shall be governed by and construed in all respects in accordance with English Law and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts.