Terms and Conditions of Enrolment

 

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Terms and Conditions of Enrolment

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Terms and Conditions of Enrolment

 

 

 

Terms and Conditions of Enrolment

 

Definitions

 

Agreement means these terms and conditions, the learning agreement form, the Fee Policy, and the Rules.

College means Balaji Institute of Maritime Studies, Vishakhapatnam or any of its college centres, collaborators or subsidiaries which may be set up from time to time or successors in title.

Course means the course or programme of study to be undertaken by the Student as identified on the applicable enrolment form.

Fees means all fees owing to the College pursuant to this Agreement including without limit all tuition, course material charges, examination and registration fees.

Fee Policy means the policy of the College with regard to Fees set down by the College from time to time.

Ancillary Course Costs means the costs payable (if any) to the College by the Student to cover the cost of providing particular Course materials which are not otherwise included within the Fees.

Rules means the Instrument and Articles of Governance, the Student Guide, and any other rules, policies, procedures and/or regulations set down by the College from time to time.

Sponsor means any employer and/or third party who has agreed with the Student and/or the College to pay the Fees (or part of them).

 

Student means the person whose application for enrolment on the Course is accepted by the College.

 

1. The Basis of these Conditions.

 

The conditions set out below together with the Rules, and applicable learning agreement form (online or paper), form the entire agreement between the College and the Student in respect of the Course and its provision. Copies of such documentation are available upon request from the College by contacting +91 891 2522189.

 

Any descriptive material including but not limited to information contained in the College's brochures and/or prospectuses, advertising material or elsewhere shall not form part of the agreement and shall be treated as approximate and for guidance only unless specifically stated otherwise.

 

2. Core Obligations of the College and Student.

 

2.1 Payment of Fees and Ancillary Course Costs

2.1.1 All Fees are subject to the College Fee Policy and shall be payable in full and in advance and no later than the start of the Course, although the College may at its discretion agree with the Student to accept payment by a specified number of instalments. The Fees shall be charged at the College’s prevailing rate subject to any concessions agreed by the College and available to the Student. The Student shall be responsible for the payment of the Fees even if a Sponsor has agreed to pay the Fees. It is the responsibility of the Student to ensure (where applicable) that the Sponsor pays the Fees. For the avoidance of doubt, in the event that a Sponsor fails to pay the fees as may be agreed between the Sponsor and the Student, the Student will remain solely responsible for payment. Payment by instalments does not limit the Student’s liability for payment of the total Fees due.

2.1.2 Upon the request of the College, the Ancillary Course Costs shall be payable in full and in advance no later than the start date of the Course to the College. The Ancillary Course Costs shall be charged at the College’s prevailing rate. The Student shall be responsible for the payment of the Ancillary Course Costs even if a Sponsor has agreed to the pay the Ancillary Course Costs. It is the responsibility of the Student to ensure (where applicable) that the Sponsor pays the Ancillary Course Costs. For the avoidance of doubt, in the event that a Sponsor fails to pay the Ancillary Course Costs as may be agreed between the Sponsor and the Student, the Student will remain responsible solely for the payment.

2.1.3 The Student accepts that, if he/she is in debt to the College for any reason, including without limit non-payment of any Fees (in whole or part) and/or the Ancillary Course Costs, the College may (at its discretion) take one or more of the following actions:

2.1.3.1 forthwith on notice suspend and/or exclude the Student from the Course;

2.1.3.2 withhold assessment results or awards/certificates;

2.1.3.3 refuse to register the Student for any applicable award and/or refuse to register the Student for any Course examination;

2.1.3.4 undertake appropriate recovery and/or legal action for recovery of such Fees and Ancillary Course Costs and the Student will be responsible for all costs and expenses incurred by the College and/or by a third party acting on behalf of the College in such action including without limit:

2.1.3.4.1 the reasonable legal costs and expenses;

2.1.3.4.2 the administration costs and expenses; and

2.1.3.4.3 the collection costs incurred by the College and/or a third party collection agency.

2.1.4 The College reserves the right not to accept applicants or enrolments from individuals or sponsors where Fees or other costs from previous courses remain outstanding until such time as all outstanding Fees or other outstanding costs are paid.

2.1.5 If the Student fails to make any payment due to the College under this Agreement by the due date for payment, then the College may charge the Student interest on the overdue amount at the rate of 4% per annum above Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Student shall pay the interest immediately on demand by the College.

 

2.2 Refund of Fees

2.2.1 In accordance with the Fee Policy the full Fee is payable even if the Student decides not to complete the Course. Fee refunds or waivers may only be approved if the College has cancelled a course set out in clauses 2.2.3 and 2.2.4 below.

2.2.2 If the Student wishes to withdraw from a Course prior to its commencement, and he or she informs the College in writing or by e-mail prior to the Course start date a refund may be given.

2.2.3 The Student shall be entitled to a full refund of any Fees paid save for the Ancillary Course Costs, if a Course fails to run for whatever reason or is cancelled within six weeks of its commencement (or in the case of a short programme of study, within one week of its commencement) and provided that the Student is not offered in either event a course which the College (acting reasonably at all times) deems to be a suitable alternative. For the purpose of this clause “a short programme of study” shall mean a Course which lasts for no more than four weeks per academic year.

2.2.4 Where a Course is cancelled in circumstances which fall outside those mentioned above in clause 2.2.3 and no suitable alternative course is offered pursuant to clause 2.2.3, the College will refund to the Student or the Sponsor as appropriate such proportion of the Fees paid as the College deems reasonable. For the avoidance of doubt, no refund will be payable in respect to the Ancillary Course Costs.

2.2.5 Fees and/or the Ancillary Course Costs will not be refunded where a Student is excluded and/or suspended from the College: as a consequence of the Student’s unreasonable behaviour; and/or as a consequence of the Student failing to comply with this Agreement.

2.2.6 This clause 2.2.6 applies if and only if the Student enters into Agreement with the College as a consumer; that is as an individual acting wholly or mainly outside the Student’s trade, business, craft or profession and where the Agreement is a distance contract or off-premises contract within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

2.2.6.1 Subject to clause 2.2.6.2 the Student may cancel the Agreement within 14 days without giving reason. The cancellation period will expire 14 days after the day on which the Agreement was entered into.

2.2.6.2 If the Student requests the College to begin performance of the Agreement during the cancellation period then if the Agreement is partially performed at the time of cancellation the Student must pay to the College an amount proportionate to what has been performed until the Student communicated to the College the cancellation of the Agreement (in comparison with the full coverage of the Agreement) and the College may deduct such amount from any refund due to the Student in accordance with this clause 2.2.6.

2.2.6.3 To exercise the right to cancel as set out in clause 2.2.6.1 the Student must inform the College by means of a clear statement setting out the decision by way of post fax or e-mail. The Student may use a model cancellation form which the College will make available to the Student, but it is not obligatory. To meet the cancellation deadline it is sufficient for the Student to send his or her communication concerning the exercise of the right to cancel before the cancellation period has expired.

2.2.6.4 If the Student cancels the Agreement on the basis described in this clause 2.2.6 the Student will receive a full refund of any amount the Student paid to the College in respect of the Agreement except as otherwise specified in this clause 2.2.6.

2.2.6.5 The College will refund money using the same method used to make the payment unless the Student has expressly agreed otherwise. The College will process the refund due to the Student as a result of a cancellation on the basis described in this clause 2.2.6.5 without undue delay and in any case within the period of 14 days after the day on which the College is informed of the cancellation.

 

2.3 Limitation of Liability

2.3.1 In any instance where the College makes a refund as described in clause 2.2 above, the College shall be released from any responsibility to the Student or Sponsor for failure to provide or complete the provision of a Course, and from any related costs, damages, losses or expenses or demands which may arise either directly or indirectly.

2.3.2 The Student’s attention is in particular drawn to the following:

Notwithstanding clause 2.3.1 and save for death or personal injury, the College’s total liability to the Student and/or the Sponsor under this agreement shall not in any event exceed the Fees paid by the Student and/or Sponsor in respect of the particular Course.

2.3.3 The College shall not be liable and expressly excludes responsibility for any loss, cost, expense or damage suffered by the Student as a result of:

2.3.3.1. any loss, theft, misuse or damage to property, including without limit any motor vehicle, cycle, equipment or such other personal belongings of the Student whilst such property is on the College premises;

2.3.3.2 any loss, expense or damage of any nature suffered by a Student as a consequence of any data processing undertaken by the Student or any other third party using any computer equipment belonging to the College;

2.3.3.3 any loss, expense or damage in respect of any course materials or information provided by any third party other than the College;

2.3.3.4 (subject to applicable laws) any death or personal injury suffered by the Student unless caused by the College’s proven negligence or breach of statutory duty.

2.3.4The College does not accept responsibility and expressly excludes liability to the fullest extent permitted in law for any indirect or consequential loss or damage (including without limit loss of profit, loss of earnings, loss of opportunity, living expenses) howsoever arising, suffered by the Student as a result of any breach by the College of this Agreement or any other act or omission of the College or its employees or agents.

2.3.5 For the avoidance of doubt, the College gives no warranty, guarantee or representation as to the accuracy and/or completeness of any advert and/or literature relating to the College and/or Course (including without limit the Course cost content, structure or format).

 

3. Rights and Obligations of the Student

 

3.1 Students shall meet and comply with the requirements and/or standards, set out in this Agreement, including without limit the requirements and/or standards relating to conduct, attendance and the submission of course work. The College reserves the right to suspend and/or exclude (at its discretion) any Student failing to meet such standards and/or requirements.

3.2 Students will be expected to take or work towards GCSE A*-C in English and/or maths as part of their Course if they have not already achieved this with the aim of achieving the qualifications by age 19. As a result of funding requirements the College reserves the right to exclude any Student from the Course should they fail to attend English or maths classes.

3.3 In addition, Students are required to:

3.3.1 comply with all reasonable requests of College officers, staff and authorised contractors or agents.

3.3.2 comply with the conditions of use of College’s identity cards details of which are set out in the Rules.

3.3.3 behave in a manner which does not cause injury or damage to other persons, in particular to the property of the College, its staff, students or visitors and does not impede or prevent the provision of the Course or any other course or programmes of study or otherwise harm the standing and reputation of the College.

3.3.4 comply with such special requirements for a Course as may be imposed by law, accrediting or professional bodies or other applicable third parties. For clarification such specialised requirements may include criminal checks, health/medical checks or other conditions of conduct.

3.3.5 comply with the College's computer use and associated IT policies.

3.4 Students of the College may be entitled to receive financial support through a bursary, scholarship, loan or other scheme. In the event that you are eligible for such financial support you agree to abide by the terms and conditions relating to that specific bursary, scholarship, loan or other scheme.

 

4. Rights and Obligations of the College

 

4.1 The College shall use its reasonable endeavours to provide the Student with an education service which may, where appropriate, include a programme of study, classes and tutorials intended to prepare the Student for examinations and qualifications, and with relevant learning support if necessary.

4.2 The College reserves the right to make variations to the contents or methods of delivery of the Course, to discontinue the Course (or any part of it), to alter the Course emphasis (including without limit the amount of practical, theory and/or academic experience undertaken) and to merge or combine programmes if such action is reasonably believed to be necessary by the College which for the avoidance of doubt shall include where there are insufficient enrolments to make a Course viable (in the College’s opinion). In the event that the College discontinues any course or programme or amalgamates such programmes or courses, it will use reasonable endeavours to provide a suitable and acceptable alternative.

4.3 The College shall have the right to cancel or suspend the whole or any part of any Course, without incurring additional liability and without being considered to have broken this agreement, where it is prevented from providing it in circumstances beyond its control, including force majeure; sickness/illness of specialised staff; withdrawal of funding or variation of any funding methodologies by any funding body, government department or similar agency; or change of government policy or other action of a government department or similar agency.

 

4.4 For internal students progressing onto another course: any course offer is made on evidence of commitment and motivation towards your current studies. This includes successful completion of your College Study Programme. If you are aged 19+ then your course offer is subject to relevant funding being in place and sufficient places being available on the course for adult students. On occasion, the College may amend offers made to applicants. We will keep you informed of any changes and will endeavour to offer a suitable alternative, if required.

 

5. General

 

5.1 Information provided by the Student is held by the College in its original electronic and other formats and is processed in accordance with relevant legislation including the Data Protection Act 1998 and the College’s data protection policy and procedure. The College provides the detail of its use of Student data in its fair processing notice set out within the Joining Instructions.

5.2 Any decision by the College not to enforce its rights under these conditions shall not be construed as a waiver of such rights unless indicated by the College in writing.

5.3 As a general principle but subject to any separate formal agreement between the College and the Student and or third party, or by operation of law, the College recognises that the Student is the owner of any intellectual property rights created during or as part of a Course.

5.4 These conditions are to be read together with the confirmation of offer and acceptance of an offer of a place by the Student. The Student is required to ensure that any Sponsor who sponsors the Student’s place or Course is made aware of these conditions and the Student shall be regarded as having made these conditions known to the Sponsor prior to the acceptance of the offer.

5.5 Except as otherwise expressly stated herein, nothing in these terms confers any rights on any third parties pursuant to the Contracts Act, 1872.

 

Fee Policy

 

Policy Statement

BIMS is a not for profit organisation; however, to achieve the College’s aim of ensuring excellence in delivery of learning, training or services to individuals and employers, fees are set to ensure that when public funding subsidies are taken into account the College is able to at least cover the full costs of delivery, make a contribution to College overheads for the environment in which the activities take place, and the sustained investment in resources that is required.

 

Policy Objectives

The policy seeks to ensure that:

• the College has a fees policy that is fair, equitable and clear

• tuition fees and associated charges are calculated and applied consistently across the entire curriculum offer of the College

• any barriers to participation presented by tuition fees and associated charges are mitigated by providing flexible payment options and/or assisting students to access appropriate financial support to meet the cost of these

• the College can respond flexibly to market forces and government policy, including fee guidance issued by relevant funding bodies

• the College generates an increasing proportion of overall income from non publicly funded sources, particularly as central funding for 19+ further education provision is reduced; and

• the College develops appropriate and effective targets relating to fee income generation, and reviews performance against these regularly, and in relation to sector benchmarks.

 

Policy

 

General Principles

• All elements of the policy are to be reviewed annually.

• No change to the policy is to disadvantage any individual student part-way through an agreed programme of study (eg where a student is under 19 at the start of a further education funded programme of study, they will benefit from the free tuition/exam fee policy all through their programme of study, even if in a subsequent academic year of study they are over 19).

• College fees are to comply with SFA (Skills Funding Agency) or other College adopted government funding initiatives.

 

Fees

• All course fees must be paid at enrolment, or a direct debit arrangement made, to secure a place on a course.

• There are some courses where ALL students have to pay full fees. For more information about this, please contact the College at bims@bims-india.com for guidance.

• There are some courses where additional fees such as Ancillary Fee, and Vocational Resource Fees are charged - these have to be paid by all students, in full, at enrolment. This equipment, material, etc. becomes the property of the student at the end of the course.

• In addition to these, some courses require students to attend educational visits. Details of the visit costs and dates will be given by the tutor. Payment of these fees must be made before attendance on the visit is permitted.

• For courses which last for more than one year, fees are payable separately for each year of study.

• Students aged between 16 and 18 years do not have to pay tuition or exam fees.

• Students aged 19 or over, will have to pay all course fees, unless eligible for free tuition fees.

• Students who are aged 24 or over at the start of the course may be eligible for a 24+ Advanced Learning Loan to cover the fees.

• All fees due must be paid before the student can be entered for any examination or awarded any qualification.

• The College sets specific fees for non-Indian students on funded further and higher education courses which are higher due to the lack of government funding.

• The College sets specific fees for all students on non-government funded courses, within the general aims of this policy.

 

Payment of Fees and Instalments

• Payment of fees may be made by cash, credit or debit card, or cheque, direct bank transfer and in the case of instalments by direct debit.

• Students who choose to pay by instalments will attract an additional instalment fee of $10.

• Fees under $100 must be paid in full at the time of enrolment, without exception.

• Where the total fee is $100 or more (including the instalment fee), students can pay in up to three monthly instalments, subject to length of course. A direct debit form must be completed, signed and 25% of the total fee paid at the time of enrolment. For September enrolments, the first instalment payment will be due in November followed by instalments in December and February. Alternative instalment arrangements will be considered for short courses and courses commencing later in the academic year. Instalments are not available for courses of less than ten weeks duration.

• Students who wish to pay fees by way of a loan (HE Tuition Loan or 24+ Advanced Learning Loan) will need to provide evidence of the loan approval at the time of enrolment. Students who are unable to provide such evidence will be required to pay the fees in accordance with the policy outlined above.

• Students who opt to take a loan for less than the full course cost will be required to pay the difference in full at enrolment.

• If the employer pays the fees on enrolment, then students will need to provide either:

- a formal letter on headed paper detailing the costs covered or

- a completed Employer Undertaking form.

• Employer fees are payable in full on receipt of an invoice. Instalment plans are not available to employers or sponsors who may agree to pay on a student’s behalf.

 

Free Tuition Fees

• The following students will be entitled to full funding for their learning programme.

 

Students aged 19 or older for qualifications up to level 2

• Students who need help to move into work, progress in work or remove a barrier to getting into work and who are:

- receiving Jobseeker’s Allowance (JSA)

- receiving Employment and Support Allowance (ESA) and are in the work-related activity group (WRAG), or

- receiving Universal Credit because they are unemployed, and who are mandated (required) to undertake skills training

- offenders in custody who are released on temporary licence (RoTL) following learning outside a prison environment and not funded through OLASS.

• Students studying certain English and maths qualifications.

• Trade union representatives studying Trade Union Congress (TUC) learning aims.

• Individuals who are unemployed and receiving any state benefits not listed above but who want to enter employment and believe skills training will help them to do so. This includes individuals who are not mandated (required) to undertake skills training.

 

Please find below the benefits the College will accept for fee remission on funded courses in 2016-17.

• Council Tax Benefit, administered by local authorities

• Housing Benefit

• Income Support

• Working Tax Credit

• Carers Allowance

• Child Benefit

• Child Tax Credit

• Child’s Special Allowance

• Disability Living Allowance

• Employment and Support Allowance (non-WRAG)

• Guardians Allowance.

 

Students aged 19 or older for qualifications up to level 3

• An individual studying their first full level 3 qualification who has left the British armed forces (up to ten years ago) after completing four or more years of service or who has been medically discharged, due to an injury in active service, after completing basic training. This does not apply to Apprenticeship frameworks. This includes those students aged 24 and over.

• Trade union representatives studying Trade Union Congress (TUC) learning aims.

 

Students aged 19 to 23

(The age applies on the day they actually start the learning aim, not their age at the start of the funding year.)

• Entry or level 1 aims (not English or maths) if a student is entitled to a full level 2 qualification, in that they must have prior learning accreditation of level 1 or below, but need a step up from basic skills to progress to a full level 2. If this relates to workplace learning, this learning aim must be vocational.

• An individual studying their first full level 2 qualification.

• An individual studying their first full level 3 qualification.

• A level 4 ‘jumper’ studying their first level 4 or above without having achieved a first full level 3 qualification.

• All learning aims approved for funding at level 3 or above for learners who need help to move into work, progress in work or remove a barrier to getting into work and who are:

- receiving Jobseeker’s Allowance (JSA)

- receiving Employment and Support Allowance (ESA) and are in the work-related activity group (WRAG, or

- receiving Universal Credit because they are unemployed, and who are mandated (required) to undertake skills training or

- offenders in custody who are released on temporary licence (RoTL) following learning outside a prison environment and not funded through OLASS.

• Individuals who are unemployed and receiving any state benefits not listed above but who want to enter employment and believe skills training will help them to do so. This includes individuals receiving Universal Credit who are no mandated (required) to undertake skills training.

• Evidence of the benefit must be provided at enrolment, and be dated within six weeks of the course start date.

Please see page 7 for the list of benefits the College will accept for Fee Remission on funded courses in 2016-17.

 

For more information, please contact the College on +91 891 2522189 for guidance.

 

24+ Advanced Learning Loans

• The Government is introducing 24+ Advanced Learning Loans for students aged 24 and above in further education and training studying at level 3 and 4, including advanced and higher Apprenticeships, for those starting their course on or after 1 August 2015.

 

• Loans may be used to fund the following types of provision regardless of the mode of study:

- A levels (including A2 and AS levels)

- Access to HE Diplomas

- QCF Level 3 Certificate and Diploma

- QCF Level 4 Certificate and Diploma.

• Units of qualifications and awards at level 3 and above are ineligible for funding through a loan.

• The minimum loan value is $300 and will cover all costs and charges for items which a student cannot complete their course without.

• The Student Loan Company will make loan payments to colleges using a flat monthly profile based on the start and end date of the qualification. If a student withdraws from a learning aim early, the student will be legally responsible for the payments for the period in which they were in attendance only.

 

Higher Education Course Fees

• Fees for a full-time foundation degree at the College in 2015/1 will be $5,950 per year.

• Fees for part-time foundation degrees depend on the course intensity:

- part-time foundation degree studied/lasting over two years (intensive) - $3,550 per year

- part time foundation degree studied/lasting over three years or part-time HNC studied/lasting over two years - $2,365 per year.

• Where a student withdraws from the course the following fees will be payable:

- if a student attends for any part of term one (excluding a two week settling in period) 25% of the full fee is payable

- if a student attends for any part of term two, 50% of the full fee is payable

- if a student attends for any part of term three, the full 100% of the fee is payable.

• This remains in line with the Student Loans Company Policy.

 

Refunds/Transfer (Excluding HE/Advanced Learning Loans/International)

• Fee refunds or waivers will only be approved where the College has cancelled a course, where there is a justified complaint, or in exceptional personal circumstances.

• The full fee for a course is payable even if the student decides not to complete the course.

• If a student wishes to withdraw from a course prior to its commencement, and informs the College in writing or by e-mail before the start date, a refund may be considered.

• Refunds will not be approved for full cost courses.

• Students who attend a course which is scheduled to last no more than ten weeks will not be entitled to a refund.

• Where a student attends for more than two weeks, the full fee applies unless there is a proven significant change in an individual’s circumstances.

• Where a student wishes to claim a refund on the grounds of quality they must follow the Talkback/Complaints Procedure for any such consideration.

• Where the course is cancelled by the College, prior to the start date, a full refund will be made.

 

Fees Waived

• Only with the express permission of the Deputy Principal should fees be waived.

• Where the fee charged by the College is considered not to be competitive with other providers and a reduction in the fee is considered necessary, agreement should be sought from the Deputy Principal.

 

International Fees

• All international students will be required to pay an initial fee of $2,000 on application with the remainder of the fee being paid on enrolment.

• The administration fee for international students is $200 and this will be deducted from any refund where a student is unsuccessful in obtaining a visa.

• The instalment option is not available to international students.

 

Student Support Funds

• Students who are on a means tested or low combined family income benefit may be eligible for support with their course fees, travel, equipment/uniform costs and childcare costs through the discretionary Student Support Fund and/or bursary scheme. They will be interviewed and assessed by the Student Funding Officer. For more information, please contact a member of the Student