Terms and Conditions of Contract between Student and

Kingsgate International College

Introduction

1.                           This document sets out key aspects of the relationship between you and Kingsgate International College (the College).

2.                           When you are offered a place to study at the College, it is in accordance with these Terms and Conditions and acceptance of an offer means that you accept these Terms and Conditions in full. A legally binding contract between you and the College is formed when you accept the offer of a place.

3.                           It is, therefore, important that you read and understand this document in full before accepting your offer of a place. If there is anything said or written by or on behalf of the College that you wish to consider when deciding whether to accept your offer, please seek written confirmation from the Admissions Team beforehand. Please also contact the Admissions Team if you have any questions regarding these Terms and Conditions or any of the other documents listed below.

4.                           These Terms and Conditions together with the:

·         Offer Letter

·        Tuition Fee Refund and Compensation Policy

·         Enrolment form

form the basis of a contract between you and the College for the provision of educational services.

5.                           Students applying to study with the College on a programme leading to an award from one of our university partners should be aware that they are considered students of that institution; therefore, the terms and conditions which provide the basis of your contract are those of the partner institution.²

Terminology

6.                           Kingsgate International College, the College, or We or Us means:

Kingsgate International College is a trade name of Kingsgate International College Limited is a company registered in England and Wales (10023255), as now or in the future constituted (and any successor).

Registered office: 26-28 Hammersmith Grove, London England W6 7BA Contact: Telephone on 0207 060 6899

1. These Terms and Conditions apply to prospective and enrolled students on the Kingsgate International College programmes, considered as Direct Academic Students. For other higher education courses of study where the student is registered directly with our university

partners (Indirect Academic Student), please refer to the universities’ terms and conditions.

² Please see Terms and Conditions Provided by the University partner.

UKPRN: 10083752.

7.                           You or your or the Student means the person who has been offered a place at the College and has completed the enrolment process.

8.                           Admission occurs when you have been offered a place and are entitled to enrol as a student at the College.

9.                           Enrolment occurs when you have completed the College’s enrolment form or the

partner’s enrolment process.

10.                        Re-enrolment occurs annually and requires enrolled students to confirm the continuation of their studies at the College before a published deadline.

Equality, Diversity and Inclusion

11.                        The College is committed to working together to build a learning community founded on equality of opportunity – a learning community which celebrates the rich diversity of our student and staff populations and one in which discriminatory behaviour is challenged and not tolerated.

12.                        The College is committed to supporting, developing and promoting equality and diversity in all of its practices and activities and aims to establish an inclusive culture free from discrimination and based upon the values of dignity, courtesy and respect. The College is committed to creating and sustaining a positive, supportive, and excellent teaching and learning environment for its students. We are committed to providing a fair, equitable, and mutually supportive learning and working environment for both our students and our staff.

13.                        The College is committed to eliminating discrimination and advancing equality on the grounds of age, differing abilities, gender, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief (including lack of belief), sex, and sexual orientation, in line with the protected characteristics of the Equality Act 2010.

14.                        The College values diversity and recognises that our community is greatly enhanced through the wide and disparate range of backgrounds, experiences, views, beliefs, and cultures represented within its staff and student groups. We aim to embrace diversity in all its forms and proudly acknowledge that variety and difference are intrinsic to the wellbeing and future development of our College.

15.                        The College is committed to ensuring that an environment is created that respects the diversity of staff and students and enables them to achieve their full potential.

Admission & Enrolment

16.                        Offer of a place: Your enrolment form sets out the steps you must take to accept your offer of a place.

17.                        Acceptance: Acceptance of the offer and fulfilment of any conditions will entitle you to enrol with the College for the academic year.

18.                        Permission to enrol: You may not be permitted to enrol with the College if you:

·         provide incorrect or misleading information;

·         fail to meet any of the conditions specified in your conditional offer letter;

·         have a criminal conviction contrary to the College Admissions Policy;

·         fail to pay the required tuition fees (or provide information in relation to payment) as specified in the Tuition Fee Refund and Compensation Policy

·         cannot prove you have the right to study in the United Kingdom.

19.                        Permission to re-enrol: You may not be permitted to re-enrol with the College if you:

·         are suspended from the College;

·         have been withdrawn from the College through a failure to meet academic requirements or for contravention of the College Regulations or Policies;

·         have committed or been convicted of a criminal offence which, had it been committed at the time of your application, would have prevented you from enrolling;

·         have tuition fee debt, without an agreed repayment plan, or have contravened any other aspect of the Tuition Fee Refund and Compensation Policy.

Cancellation

20.                        Cancellation: Cancellation means the cancellation of a place at the College which has been accepted by you and which occurs before you enrol at the College, or where you do not commence your studies at the College.

21.                        Cooling off period: You have the right to cancel your contract with the College and obtain a refund at any time within 14 calendar days (i.e., two calendar weeks) from the start date of the course, or 14 calendar days (i.e., two calendar weeks) after signing the legal contractual agreement (if signed after the start date of the course).³

22.                        Notice of cancellation: Your decision to cancel the contract must be notified to the College in writing by completing and returning a Cancellation of Place Form to admin@kingsgateintcollege.org.uk

23.                        Refund on cancellation: Any payment made by you to the College under this contract prior to the date of cancellation within the cooling-off period will be refunded to you within 20 days.

24.                        Deferral: You may request to defer your place on a programme of study for which

you have been offered a place by a maximum of one academic year. If your request is granted, you may be eligible for a refund under the terms of our Tuition Fee Refund and Compensation Policy.

25.                        Withdrawal: You may terminate your contract and withdraw from the College at any time after the expiry of the cooling-off period but must do so in accordance with our termination procedure.

Our Obligations

26.                        Provision of education: The College will do all that is reasonable to provide an educational environment, tuition and assessment of a range, standard and quality which is suitable for each student and to provide education to at least the standard required by law in the particular circumstances. The College will exercise reasonable care and skill in providing educational services

3 The cooling off period for student’s enrolled on a programme awarded by award partner is only calculated from the start date of the course.

but cannot guarantee that the student will achieve his / her desired examination results or that results will be sufficient to gain entry to other educational establishments.

27.                        Continuation of Study: The College has a Student Protection Plan (SPP) which records recognised risks to students’ continuation of study and the steps taken to mitigate those risks. A copy of the SPP can be found here.

28.                        Course variation: Whilst the College recognises the importance of delivering the course it advertises in its prospectus, we reserve the right to make minor variations (such as updating the curriculum, changing staff, adjusting your timetable, or notifying a change of site) to enhance the student experience, act on student feedback and respond to changing laws, regulations and best practice. The College will not make material variations to your course without consulting you and allowing you to withdraw from the course without financial penalty if you do not wish to accept the change.

29.                        ATHE,HND,NCFE,CATCH Pathways: Students on the pathways decide on their chosen pathway prior to the start of the second year; however, pathways which do not recruit the minimum number of students may not run. In the event of this happening students will be informed in a timely manner and advised about alternative options.

30.                        Course closure: If the College is unable to continue to deliver your course, we will use reasonable endeavours to find you an alternative course at Kingsgate or a place at another provider and allow you to withdraw without financial penalty, and with appropriate compensation if applicable, in accordance with the College Tuition Fee Refund and Compensation policy.

31.                        Consumer protection: The College complies with the Competition and Markets Authority (CMA) consumer protection legislation and has designed its contractual arrangements with its students to be fair, transparent and reasonable.

32.                        Policies and procedures: The College will comply with its own policies and procedures. If the College makes changes to its policies or procedures it will use reasonable endeavours to bring them to your attention before they take effect.

Your Obligations

33.                        You agree to treat all members of the College community with dignity and respect and in accordance with the expectations set out in the College’s student policies and procedures which can be found here. You understand that the College may take disciplinary action against you if these obligations are breached. Please ensure you read the College Student Charter.

34.                        You agree to attend and participate in all your scheduled teaching and learning activities that are scheduled for your programme of study, as set out in our Student Engagement Policy. You are expected to undertake independent study to meet the learning and experience outcomes of your course.

35.                        You agree to notify the College during the application process and subsequently if at any time you become aware or suspect that you have a learning difficulty or medical condition which may impact your ability to undertake your studies and will provide the College with a copy of all requested reports and relevant information. The College may decline to offer you a place or you may be withdrawn from the College if, in the judgment of staff and after consultation with you, were unable to provide adequately for your needs. Please consult the Fitness to Study procedure available on our website to review other instances where the College may feel that studying right now may not be the best option for you.

36.                        You agree to monitor your College email account regularly, which you will notified of after enrolment. It is vital that we have an open line of communication with you, and Kingsgate College will always use your College email address for all communications.

37.                        You agree to keep the College up to date with your contact information, and to notify us immediately if your contact details change.

Fees

38.                        Registration Fee: You are required to pay a registration fee to register on the Pearson BTEC HND programme,ATHE programme,NCFE programme or Catch Programme. Please consult the current fee from award body for details.

39.                        Deposit: All deposits you pay are non-refundable, this means that if you change your mind after enrolling on the course, the deposit paid (either by you or on your behalf) cannot be refunded. Please refer to the Tuition Fee Refund and Compensation policy for full details.

40.                        Tuition Fees mean fees in respect of, or otherwise in connection with, undertaking the course, including admission, tuition and graduation. Tuition fees are usually charged annually.

41.                        Additional Costs mean charges for goods and services that do not form part of tuition fees. This might include expenses relating to trips, materials, vetting and barring checks and specialist clothing.

42.                        Total Costs: the total cost of your course, including mandatory additional costs, are set out in the College Fees List – please refer to www.kingsgateintcollege.org.uk

43.                        Payment: Acceptance of these Terms and Conditions indicates agreement to be bound by the College Tuition Fee Refund and Compensation Policy and to pay all fees owed to the College when they become due in accordance with the payment terms agreed.

44.                        Payment timing: Self-funded Home Fee Status students must pay full fees for the academic year at the start of their programme of study. Overseas students, whether self-funded or sponsored, must pay full fees for the academic year before they will be issued with Confirmation of Acceptance of Studies. Students funded by Student Finance England (SFE) will have their fees paid in instalments directly to the College.

45.                        Fee Increases: The College may increase its tuition fees on an annual basis and will do so in accordance with its Tuition Fee Refund and Compensation Policy.

46.                        Non-payment: If you do not pay your tuition fees on time as agreed, the College may:

·         restrict access to its premises and facilities

·         suspend or terminate your registration

·         report you to credit agencies and, if applicable, to SFE.

47.                        If this contract is terminated because of non-payment any refund will be paid in accordance with the Tuition Fee Refund and Compensation Policy.

48.                        If non-payment occurs at the end of study, students are referred to their Student Finance Officer to see if a way forward can be negotiated. If this initial attempt at resolution fails

then the case should be brought to the attention of the Director of Students. At all times the student’s needs will be foregrounded, and if reference to the Student Wellbeing Office is required then this will also be initiated.

49.                        The College will in every case seek restitution of fees required, in line with the requirements of the formal contract signed by each student at the point of enrolment.

·         A payment plan will be negotiated with the student over an extended timescale to ensure that fees are paid; until such time as full fee payment is made no issue of course completion or certification will be released.

·         The payment plan can be initiated by arrangement with Kingsgate College, or under the auspices of legal representatives, on a case-by-case basis. Employing the assistance of a legal team will include the cost of any fees levied by that legal team and will be added to the debt incurred.

·         Persistent non-payment of fees will result in no award being issued, and recourse being taken to legal recovery of debts outstanding.

·         Fee payment is an unavoidable requirement; please keep lines of communication open with the College so that we are best placed to help should you encounter any difficulties.

50.                        Appropriation: Save agreed otherwise, the College shall allocate payments made to the earliest balance on the Fees account.

Tuition Fee Refunds & Compensation

51.                        Refund eligibility: Any request for a tuition fee refund must be made in writing. Please refer to the Tuition Fee Refund and Compensation Policy for more details.

52.                        Compensation eligibility: A student may be eligible for compensation if the College is not able to preserve his or her continuity of study. Any request for compensation must be made in writing. Please refer to the Tuition Fee Refund and Compensation policy for more details.

Complaints

53.                        Concerns & Complaints: The College welcomes feedback from prospective students and members of its community and will engage with students on an informal and formal basis in accordance with its policies and procedures.

54.                        You are entitled to make a complaint about any aspect of the College’s, recruitment, selection and admissions process using the College’s Student Complaints Procedure. Normally, the College will not accept a complaint about an action or lack of action by the College which took place more than a month before the complainant raises the issue with a member of staff or lodges a formal complaint.

55.                        Students who have applied to any programme of study offered by our university partners, and wish to make a complaint about any aspect of the recruitment, selection and admissions process and any aspect of their learning experience should use the University’s complaints process.

56.                        External Review: Students whose complaint(s) are not resolved under the Student Complaints Procedure may, once they have been issued with a Completion of Procedures Letter, refer the matter to the Office for the Independent Adjudicator (OIA).

Suspension

57.                        Suspension: the College may suspend a student from their course in accordance with its Student Disciplinary Regulations.

58.                        Non-exhaustive examples of the circumstances in which the College may decide to suspend a student include where it is deemed:

·         necessary to enable an investigation to be conducted into alleged misconduct;

·         appropriate as a disciplinary sanction in its own right.

59.                        Appeal: A student may appeal a decision to suspend them in accordance with the Student Disciplinary Regulations.

Termination

60.                        Automatic termination: The College will deem this contract to terminate with immediate effect if you fail to re-enrol on your course by the deadline.

61.                        Termination by you: You may terminate this contract and withdraw from the College at any time. If you do this after the expiry of the cooling off period, you must provide the College with written notice of withdrawal by completing and returning a Withdrawal Form or by email to admin@kingsgateintcollege.org.uk

62.                        Termination will take effect when the College acknowledges receipt of your Withdrawal Form or email in writing.

63.                        Termination by the College: The College may terminate this contract and on written notice deem you have withdrawn from your course if:

·         You have an outstanding tuition fee debt or have contravened the terms of the Tuition Fee Refund and Compensation Policy;

·         You fail to meet the applicable College attendance requirements as set out in the Student Engagement procedure;

·         You fail to meet the applicable College progression or award requirements;

·         You fail to meet the College Fitness to Study requirements set out in the Fitness to Study Procedure;

·         You fail to meet the College Fitness to Practice requirements set out in the Fitness to Practise Policy & Procedure;

·         You breach the Student Disciplinary Procedure or your behaviour represents an immediate and serious risk to your health, welfare and safety or that of others;

·         You commit or are convicted of a criminal offence which, had it been committed at the time of your application, would have prevented you from enrolling;

·         You have withheld key information or provided incorrect or misleading information to the College.

64.                        Appeal against termination: You may appeal against the College’s decision to terminate this contract under clause 63 above in accordance with the arrangements set out in the relevant policy.

Data Protection

65.                        Kingsgate International College has put in place systems and procedures to ensure that it is

compliant with the Data Protection Act (2018) and the General Data Protection Regulation (GDPR).

66.                        Privacy Notice: the College has a Privacy Notice which explains how we will use your personal data. Key information from this Privacy Notice is provided on the Application Form. The Privacy Notice is also published on the College website. You must read the Privacy Notices in full before accepting your place.

67.                        Information Sharing: The College will share aspects of your personal data with the Office for Students (OfS) and Higher Education Statistics Agency (HESA) for the purpose of compiling statistics about applicants and students for use by government bodies. The HESA Student Data Protection Notice can be found here: https://www.hesa.ac.uk/about/regulation/data-protection. The OfS Data Protection and Privacy notice can be found here: https:// www.officeforstudents.org.uk/ofs-privacy/

68.                        Student Finance England: If you are in receipt of tuition fee loans and/or other funding from Student Finance England (SFE), the College reserves the right to disclose your details, including academic progress, achievement and attendance rates and other requested information to SFE.

69.                        Right of access: You have the right to access the personal data about you that the College holds in its structured files.

Intellectual Property

70.                        You agree that the ownership of any intellectual property arising during my studies at the University will in the first instance belong to the University to enable the protection of the ownership rights of all parties involved and that I may ask for a transfer of the intellectual property back to me.

Events beyond the control of the student

71.                        An event beyond the reasonable control of the student may include fire, flood, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic of disease, failure of utility service or transportation.

72.                        If you are prevented from or delayed in carrying out your contractual obligations by an event beyond your reasonable control, you shall inform the College in writing as soon as you can and shall be excused from performing those obligations while the event continues.

73.                        If the event continues for a period greater than 90 days, you may terminate this contract in writing to the College without penalty. In these circumstances you will no longer be required to make further payments and will be entitled to receive a refund of advance payments for services not yet provided by the College.

Withdrawal of services

74.                        The College reserves the right to make variations to or withdraw services if such actions are reasonably considered to be necessary by the College, for example, where:

·         events beyond the College’s reasonable control prevent a service from being delivered either temporarily or permanently;

·         information technology systems require essential maintenance work, upgrades or repairs;

·         health and safety or other legal reasons apply; or

·         improvements and changes are being made to the College’s estate and facilities.

75.                        The College will take reasonable steps to mitigate the impact of such withdrawals on students wherever reasonably possible, for example by consulting you on any proposed changes, substituting alternative similar services, and giving warning of forthcoming changes or likely periods of non-availability.

76.                        Further information about the protections you have in the event of the College having to make a material change to your programme is provided in the College’s Student Protection Plan.

Other Important Terms

77.                        Consumer rights: This is a consumer contract. Care has been taken to use plain language and to give clear explanations in these Terms and Conditions. If any words alone or in combination infringe consumer rights laws or any other provision of law, they shall be treated as severable and shall be replaced with words which give as near the original meaning as may be fair. Nothing in these Terms and conditions affects the student’s statutory rights. If you wish to obtain independent advice you may contact the National Union of Students or the Citizens Advice Bureau.

78.                        No Variation: Save as set out in these Terms and Conditions, no variation of these Terms and Conditions shall be effective unless it is in writing and signed by you and the College.

79.                        Updates: The College reviews its policies, procedures and related documents to ensure that they are current, accurate and accessible and publishes the latest versions on its website and Virtual Learning Environment. This is usually done on an annual basis unless external requirements necessitate immediate changes.

80.                        Enforcement: No failure or delay by you or the College to enact any provision of these Terms and Conditions shall constitute a waiver of any provision and will not prevent you or the College from enforcing that provision at a later date.

81.                        Interpretation: These Terms and Conditions supersede any previously in force and will be construed as a whole. In the event of inconsistencies between these Terms and Conditions and any other contractual information provided to you, these Terms and Conditions shall prevail. Headings, unless required to make sense of the immediate context, are for ease of reading only and are not otherwise part of these Terms and Conditions.

82.                        Liability: Nothing in these Terms and Conditions shall limit the liability of the College for fraud, willful deceit, death or personal injury where this is caused by the negligence of the College.

83.                        Third party rights: Only you and the College are parties to this contract. No third party is a party to this contract and shall not have any rights to enforce any term of it.

84.                        Jurisdiction: This contract was made at the College and it, together with each matter relating to the provision of educational services by the College, is governed exclusively by the law of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.