Terms and Conditions

Academic Year 2016-17

1. Introduction

1. These terms and conditions represent an agreement between you, a prospective student ('you'), and West Dean College ('we' or 'us' or 'the College'). These terms and conditions and any procedures or policies referred to in them - together with the offer letter from our Registry comprising the offer ('offer') made by us to you for a place on your prospective or registered programme of study ('course(s)'), and the most recently published prospectus ('prospectus') and programme specification document for your course each as at the date of your offer - form the contract made between you and us (the 'contract').

2. In the event that the provisions of these terms and conditions conflict with the provisions of any other documents forming part of the contract, you and we shall comply with the provisions of these terms and conditions.

3. West Dean College is a part of The Edward James Foundation Limited (charity number 1126084 and company number 6689362) with registered office at Estate Office, West Dean, Chichester, West Sussex, PO18 0QZ. Our VAT number is 927421133. Our contact details can be found on our website. We are subject to regulation by the Quality Assurance Agency for Higher Education and the University of Sussex.

2. Admissions and the Contract

1. The offer we make to you is subject to you satisfying the academic requirements for admission prescribed by the College's relevant school of studies (as set out in the prospectus, the offer or otherwise), the language requirements set out at paragraph 2(3) and, for international students, the requirements set out below at paragraph 2(5). The offer may be conditional or unconditional. If the offer is conditional, we will set out the conditions in the offer you need to fulfil in order to be admitted to the course. If you have not fulfilled the conditions of your offer before the date notified to you in the offer prior to the start of the course, we reserve the right to withdraw the offer or to defer your entry. We may make changes to the offer at any time before you accept it but will inform you immediately and issue an updated offer. By accepting the offer, you signify your consent to the incorporation of the terms of the contract and agree to be bound by its terms.

2. We may withdraw or amend any offer or revoke your subsequent registration as a student of the College, without liability to you other than to return any fees you have paid to us less your deposit for your course (which covers our reasonable administrative costs), if we discover that your application contains incorrect or fraudulent information or if you are found to have omitted key information from your application.

3. Your admission to the College is subject to you complying with the terms of the contract. At our request, you will provide satisfactory evidence of your qualifications (including English language qualifications if required) before admission. Failure to provide such evidence to our satisfaction will result in the termination of your offer, the revocation of your registration as a student of the College and the termination of the contract. We shall randomly audit the authenticity of documentation required to evidence your qualifications prior to admission. If we terminate the contract we shall return to you any fees you have paid to us less your deposit for your course (which covers our reasonable administrative costs).

4. Where the contract between you and us is made exclusively by means of distance communication (for example via email), you may cancel the contract by informing us in writing within fourteen days of you accepting the offer ('the cancellation period'). In order to cancel the contract within the cancellation period, you must inform us by contacting the Academic Registry (admissions@westdean.org.uk) or completing the cancellation form available here and returning it to the Registry. If any payment has been made under this contract prior to the date of cancellation, we will provide you with a full refund within 14 days of us receiving your written notice of cancellation.

5. All students from outside the European Union applying to study at the College will need to demonstrate, prior to registration, that they have a valid immigration status to undertake the proposed studies.

6. We may use contextual data in our admissions process to properly assess the academic achievement and potential of applicants with the aim of identifying the best candidates, and only take into account categories of contextual data that are evidenced to have an effect on academic achievements. Contextual data includes things such as socio-economic background, disabilities, participation in widening access programmes etc.

7. We shall deliver the parts of your course within our control with reasonable care and skill and, subject to paragraphs 2 and 3 below, in accordance with the description applied to it in the prospectus and the programme specification document and we shall explain the academic requirements for the course to you.

8. You agree to fulfil all the academic requirements of your course (including submission of course work and completion of relevant work placements) and other assignments, and attend assessments on time and in accordance with the terms of the contract.

3. Course Fees

1. The course fees can be found within the prospectus and confirmed in your offer ('course fees'). Information in relation to how to pay for your course fees or for units within them and the deposit required to secure your place on the course will be provided to you in advance of your arrival at College. If you accept an offer, you agree to pay all course fees (and other related costs and expenses), as and when they fall due, in accordance with the payment terms specified in relation to your offer including paying any required deposit. (Deposits are deducted from your course fees).

2. Please note carefully what is included and what is excluded in the course fees. By way of example:

a) Study trips - travel costs associated with these are included in the course fees where the trip forms part of the assessed course;

b) Materials - the course fees allow for provision of some basic materials, but exclude specialist or project-specific materials;

c) Meals - the course fees includes coffee, lunch and tea on all weekdays when attendance on-site forms part of the course. Packed lunches will be provided for any day study trips. The course fees exclude any meals or refreshments during i) study trips which last longer than one day and ii) work placement periods;

d) Work placement periods - a nominal daily travel allowance (rate subject to change) will be deducted from the course fees for periods of work placement which form part of the assessed course;

e) Conferences - fees and travel and subsistence costs associated with conference attendance are excluded from course fees; and

f) Tools - the course fees allow for the use of basic tools and equipment, but exclude specialist or project-specific tools.

3. We may routinely increase course fees from year to year for one year courses, and may review and change such course fees without notice. Changes to course fees for your course will not be made during the term of that course where it is a one year course. Course fees for courses lasting for two or more years may be routinely increased from year to year by no more than the change in the Retail Prices Index. Details of such changes will be notified to you in advance of your arrival for the next year of your course. Please note that two or more one year courses studied one after another do not constitute two year courses, even if they are commonly studied together.

4. Course fees are due for each full term (part of a term is charged at the full-term rate) of attendance but may be paid by termly instalment. In the event that a third-party sponsor has agreed to pay all or part of your course fees, you will still remain primarily liable for the payment of the course fees.

5. Please ensure that you check carefully the terms of any bursaries or other funding you may receive, as it may only cover certain aspects of your course fees or living expenses and/or only a specified period of study. You will still remain primarily liable for the payment of the course fees.

6. Refunds of course fees (other than as set out elsewhere in the contract and without effecting your statutory rights) shall be made in the following circumstances:

a) Early withdrawal (prior to academic year) - full refund will be given less the deposit (which covers our reasonable administrative costs)

b) Early withdrawal (during academic year) - full year's course fees are due regardless of payments made to date; no refunds will be given

c) Early withdrawal (on health grounds or exceptional circumstances e.g. bereavement of close family member or in accordance with paragraph 5(1)) - current term due in full, but course fees for the remainder of the year will be waived (unless you switch to an alternative course)

d) Disciplinary grounds - full year's fees are due regardless of payments made to date; no refunds will be given

Any application for a refund shall be made to:

Head of Finance

Estate Office, West Dean, Chichester, West Sussex, PO18 0QZ

4. Prospectus Information

1. We endeavour to ensure that prospectus and programme specification document content is current and accurate at the date of publication. However, due to the period of time between publication and application, circumstances may change due to factors internal to the College or due to factors beyond our reasonable control such as the withdrawal of involvement of external providers, the requirements of the University of Sussex (which accredits many of our courses), legal requirements such as health and safety, relevant theory and practice, and/or the requirements of regulatory bodies such as the QAA, and it may sometimes be necessary to vary the entry requirements, terms or content of the course or services or method of delivery or assessment described in the prospectus. Courses and/or units on courses may also be withdrawn. We also do not guarantee the involvement of any particular members of staff or external tutors or lecturers with any courses.

2. Any amendments made by us to the prospectus and programme specification document content prior to us making you an offer of a place on a course will be included in the latest web versions of the prospectus and you are advised to consult our website regularly at www.westdean.org.uk/ to ensure that you are aware of any updates to the prospectus and/or programme specification documents. In the event that we are required to make any significant changes to these terms and conditions or the courses, we shall take reasonable steps to bring these changes to the attention of applicants as soon as practicable.

5. Withdrawal or Variation of Courses, Units and Placements after Offer / Registration

1. We will take all reasonable steps to provide educational services in the manner set out in the prospectus and programme specification document current as at the date of your offer subject to the terms of this contract. However, we do not guarantee the provision of such services in all circumstances. We may, from time to time, need to vary the content or method of delivery or assessment of a course, discontinue a course and merge or combine a course with other courses or amend any of the documents constituting the contract in certain circumstances due to legislative and regulatory changes, the requirements of regulatory bodies such as the QAA or the Charity Commission, our need to manage our funding cost effectively and efficiently in accordance with our charitable status, the withdrawal of involvement of external providers, the requirements of the University of Sussex (which accredits many of our courses) and/or our need to constantly review the content of courses with a view to enhancing the quality of student experience and ensuring that it reflects current theory and practices in subject areas. Any changes will be notified to affected students in advance and the College will take all reasonable steps to minimise any disruption to affected students. Should material changes be made to a course to the detriment of affected students, a student may terminate their course of study and requests for refunds should be made in accordance with paragraph 3(6) above or may request to switch to an alternative course offered by the College. The College will, wherever possible, attempt to bring changes into effect only for the next cohort of students on a course but this may not be possible in all circumstances and earlier changes may be required.

2. Some courses or units may be subject to minimum student numbers and, if this applies to your course, we will make this clear in your offer and your offer will be conditional on the minimum numbers being reached. If there are not sufficient applications to make a course or unit viable, we may cancel the course or unit. If you have received an offer for any course described in the prospectus but we discontinue the course or unit prior to you commencing the first term of study, you may either withdraw from the College without any liability for course fees and accommodation fees or transfer to such other course (if any) as may be offered by us for which you are qualified.

3. Once you have registered as a student of the College:

a) neither party shall be liable for failure to perform any obligations under the contract if such failure arises from circumstances beyond their reasonable control, including unavailability of key academic staff, withdrawal of course accreditation, unavailability of key resources, withdrawal of third-party grant or funding, industrial disputes (including disputes with the College's employees), acts of God, war, terrorism, fire, flood, natural disaster, failure of utility or telecommunications networks and national emergencies ('Force Majeure Event'). If either the College or you seek to rely on this provision, either party shall ensure that the consequences of any failure to act in accordance with this contract are kept to a minimum; and

b) if the course includes an integrated placement period all students are expected to undertake in order to demonstrate learning outcomes for a course, it is normal for placement providers to select successful placement applicants, and the final onus remains on the student to secure his/her acceptance by a provider. If you are unsuccessful in securing a placement in this process, you will be offered an alternative work experience in order to demonstrate the learning outcomes for your course. We do not guarantee that placements will be available at any particular institution or venue but will ensure that all placements and work experiences are appropriate to demonstrating the learning outcomes for the associated course.

6. Property, Facilities and Services

1. We endeavour to provide the best possible equipment and facilities for all courses and units and other student facilities services. Such facilities, services and equipment may, however, be provided by third parties and not by us, and while we will take reasonable steps to ensure we have adequate facilities, services and equipment in place, we can accept no responsibility for the nature of those provided by third parties, and we may withdraw or change facilities, equipment or services from time to time to accommodate the actions of third parties. In the event of any withdrawals, we will provide a suitable alternative in order that you are able to demonstrate the required learning outcomes for your course.

2. The provision of a facility or service including accommodation may be subject to an additional charge (i.e. separate from course fees). Where this is the case, we will make this clear in advance and payment for such service shall be made in accordance with any additional contract made between us.

3. While we take all reasonable care to ensure the safety and security of students on our campus or occupying College managed accommodation, we cannot accept responsibility, and expressly exclude liability, for loss or damage to students' personal property (including computer equipment and software) including any financial or other consequential loss where such loss or damage is a result of theft, fire, flood, computer virus or any cause related to our computer facilities, or any other cause, except where and/or to the extent such loss or damage is caused by our negligence, breach of contract or dishonesty. It is recommended that you insure personal property against such risk of loss and damage.

4. We shall not be held responsible for any injury to a student, financial or other loss or damage resulting from such injury, or for damage to property, caused by any other student, or by any person who is not an employee or authorised agent of the College except where and/or to the extent such loss or damage is caused by our negligence, breach of contract or dishonesty.

5. Parking on campus is permitted, but may be restricted from time to time. All vehicles parked on campus must at all times have a valid MOT certificate, be taxed and insured.

7. Policies and Procedures

1. If you have a complaint about an admissions decision or an aspect of the admissions process, please follow our complaints procedure at http://www.westdean.org.uk/CollegeChannel/FullTimeCourses/College.aspx. Once you have registered as a student of the College, if you have a complaint about us, please follow our complaints procedure at http://www.westdean.org.uk/CollegeChannel/FullTimeCourses/College.aspx. If, having followed the complaints procedure to completion, you remain dissatisfied, you have the right to make a complaint to the Office of the Independent Adjudicator for Higher Education.

2. If you do not act in accordance with this contract, or any of the documents referred to in it, or if you do anything else that is or may be harmful to the work, good order or good name of the College (as set out in our code of conduct for students), we may take disciplinary action against you, under the regulations for student discipline which can be found at http://www.westdean.org.uk/CollegeChannel/FullTimeCourses/College.aspx. One of the possible outcomes of such an action is that your contract with us may be terminated and you may be removed from the course.

3. If you apply for admission to a course at the College and/or enter into the contract with us, we will process your personal data in accordance with the Data Protection Act 1998 and our Data Protection Guidance for Students. We may share your data with third parties, which we will do in accordance with our policy on data protection. For more guidance on data management relating to students, visit http://www.westdean.org.uk/CollegeChannel/FullTimeCourses/College.aspx.

4. Once you are registered as a student of the College, we are required to collect and provide information to certain external agencies including the Higher Education Statistics Agency (whose data protection notice can be found at Student collection notice).

5. For provisions relating to student created intellectual property please see our IP Policy at http://www.westdean.org.uk/CollegeChannel/FullTimeCourses/College.aspx.

6. After you complete your studies, we will retain basic registration details, results and your address, and any information that may be required in relation to matters that are still outstanding and that we are required to keep for legal or regulatory reasons. Basic information will also be added to our alumni database. Any remaining information will be destroyed in accordance with our document destruction policy in place from time to time.

8. General

1. We use all reasonable steps to ensure that the contract and the documents referred to in it set out the entire agreement between you and the College and that all information given to you on any visits to the College e.g. open days or interviews or in any correspondence does not contradict the contract. If you have been told something specific about the College and/or course upon which you are basing your decision to apply for a course but this information does not appear in the contract or the documents referred to in it, please notify us before you accept an offer in order that we can confirm whether or not what you have been told is accurate.

2. No failure or delay by us or you to exercise any right or remedy provided under the contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.

3. The terms of the contract shall not be enforceable by any party who is not a party to it.

4. The contract and any dispute or claim arising out of or in connection with it (including non-contractual claims) shall be governed by and construed in accordance with the law of England and Wales and subject to the non-exclusive jurisdiction of the courts of England and Wales.