Terms and Conditions (“Agreement”)
- Fees and Payment
- Payment by Instalment
- Refund of Fees
- Failure to Pay the Fees and other amounts
- Data Protection
ICENI Centre: The ICENI Centre, Colchester Hospital, Turner Road, Colchester, Essex CO4 5JL.
Course: The course of study or programme of research at the ICENI Centre.
Course Fee: The Fee payable by the Trainee in respect of the Course to the ICENI Centre.
Trainee: A person intending to register or attending the ICENI Centre for a Course at the ICENI Centre.
Trainee Rules, Regulations and Procedures: The Trainee is bound by the conditions of these rules.
University: Anglia Ruskin University Higher Education Corporation, Rivermead Campus, Bishop Hall Lane, Chelmsford, Essex, CM1 1SQ. The University will manage the payments on behalf of the ICENI Centre.
2.1 It is the Trainee’s responsibility to ensure that the Course Fee is paid in the predetermined period of monthly instalments.
2.2 The payment of any sums intended to be in respect of the Course Fee by or on behalf of the Trainee does not in itself indicate the existence of a contract between the ICENI Centre and the Trainee. The contract shall only come into force when the ICENI Centre has given notification of acceptance of the Trainee upon a Course/s, the Course Fee instalments are paid on time and these terms and conditions have been signed by the Trainee, been returned to the ICENI Centre and the ICENI Centre has acknowledged receipt.
2.3 All payments must be made in £ Sterling. Any currency conversion costs or other charges incurred in making the payment or in processing a refund shall be borne by the Trainee or the third party making payment, and shall not be deductible from the Fees due to the ICENI Centre.
3.1 Where an instalment arrangement is set up to make payments from a credit/debit card account, the University will notify the Trainee, or the third party making payment, of the dates on which instalment payments will be claimed, and the amounts of those instalments, at least 5 working days before the first instalment is due.
3.2 Payment of the Course Fee by a person or organisation other than the Trainee does not constitute a contract for the provision of a Course between such person or organisation and the ICENI Centre.
4.1 If the Trainee withdraws before they complete the Course any entitlement to a refund of the Course Fee will be at the sole discretion of the ICENI Centre.
4.2 Refunds will normally be made within 31 days of the date when the ICENI Centre considers the Trainee to have withdrawn from the Course. For the avoidance of doubt, nothing in this Clause 4 shall require the ICENI Centre/University to refund the Course Fee (or part thereof) unless such Course Fee (or part thereof) has previously been paid.
4.3 In the event that any payment of the Course Fee is to be refunded (either fully or in part) the University will use reasonable endeavours to make the refund to the card account or bank account from which the refundable payment was made. If, for reasons beyond the University’s control, the refund cannot be made to the originating card/bank account, the refund will be made to the Trainee direct.
5.1 If you fail to make a payment on the due date, we will charge you a late payment fee. If you further delay to pay the fees due we will ask you to pay the total amount immediately and charge an extra payment default charge.
5.2 If the Course Fee and any other amounts due to the University/ICENI Centre remain unpaid 14 days after the date they are due, including any Course Fee payable under an instalment arrangement established by a third party, the University shall be entitled to take legal action against the Trainee to recover the debt and may exclude the Trainee from the ICENI Centre and withhold certificates.
5.3 Payments made by or on behalf of a Trainee shall go towards settlement of any current debt with the University before being applied to the settlement of any subsequent debt.
5.4 The University shall have the right to levy an administration charge (level of which will be published annually by notice) in the event of a failed instalment payment unless an agreement has been made in writing prior to such failure with the University’s Credit Control section. Liability for payment of such administration charge shall rest with the Trainee.
6.1 All payment details which are entered through the University payment gateway are encrypted when the Trainee, or third party making payment, enters them. The site is secure using 128 bit encryption to offer secure communications by encrypting all data to and from the site.
6.2 The University shall not be liable for any failure by the Trainee or third party making payment of the Course Fee to properly protect data from being seen on their screen by other persons or otherwise obtained by such other persons, during the Online Payment process or in respect of any omission to provide accurate information in the course of the Online Payment process.
7.1 The ICENI Centre/University will be entitled to use information given during the Online Payments process for the following purposes:
- Trainees: for registration and statistical purposes
- Third parties making payment on behalf of the Trainee: for University marketing purposes only. Personal information will not be passed to third parties.
7.2 Data Protection Act 1998:
The University and/or The ICENI Centre may process personal data contained within this form or any other data which the University and/or the ICENI Centre may obtain from the Trainee or other people. The processing of such data may occur for any purpose connected with the Trainee’s studies, health and safety whilst on the premises or for any other legitimate reason including communication with the Trainee following the completion of the Course. In addition, the University and/or the ICENI Centre may process personal data described as Sensitive Data within the meaning of the Data Protection Act 1998, such processing to be undertaken for any purposes indicated in this Agreement. The University and/or the ICENI Centre may disclose student information to relevant government departments/agencies to whom we have a statutory obligation to release information (including HEFCE, HESA, Council Tax officers and Immigration Authorities). Anglia Ruskin, The ICENI Centre, the Government or their respective agents may check the accuracy of personal information provided against external data sources.
8. Intellectual Property Rights
8.1 Save as otherwise agreed in writing between the parties to this Agreement all patents, trademarks, service marks, registered designs, design rights, copyrights, rights in the nature of copyright, trade secrets, know-how and other similar proprietary rights in any materials produced in the performance of this Agreement shall vest in the University and/or the ICENI Centre.
- 9.1 The University or the ICENI Centre shall not be liable to the Trainee in contract, tort, negligence, breach of statutory duty or otherwise for loss of profit, loss of data, use, anticipated savings, goodwill, reputation or opportunity, other economic loss or any other consequential or indirect loss or damage, costs or expenses incurred or suffered by the Trainee as a result of any breach by the University or the ICENI Centre of the terms of this Agreement.
- 9.2 Subject to clause 9.1, and except in the case of death or personal injury caused by negligence, fraudulent misrepresentation or in other circumstances where liability may not be so limited under any applicable law, the total liability of the University and ICENI Centre to the Trainee whether in contract, tort, negligence, breach of statutory duty or otherwise for any loss or damage, costs or expenses arising under or in connection with this Agreement shall not exceed 100% of the fees paid by the Trainee to the University/ICENI Centre under this Agreement. If this limitation is adjudged to be unreasonable in the circumstances the limit of the ICENI Centre/University’s liability shall be increased to the amount that the ICENI Centre/University can recover from its insurer for direct loss.
10. Third Parties
10.1 The Contracts (Right of Third Parties) Act 1999 is excluded from applying to this Agreement and nothing in this Agreement confers or purports to confer on any third party any benefit or any right to enforce any term of this Agreement.
11. No Partnership
11.1 Nothing contained in this Agreement shall be deemed to create a partnership between the parties hereto.
12. Cancellation of Previous Agreements
12.1 This Agreement is substitution for all previous Agreements correspondence or understandings of any nature whatsoever relating to the subject matter of this Agreement between the Supplier and the University which shall be deemed to have been terminated by mutual consent as from the date on which this Agreement takes effect.
13. Law and Jurisdiction
13.1 This Agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.