Terms and Conditions Payment of a deposit, use of a CAS issued by Newcastle College or enrolment onto a course is deemed as acceptance of the following terms and conditions.

Terms and Conditions of Payment for International Students 1

INTRODUCTION

1.1

These terms and conditions of payment form part of the Conditional Offer Letter.

1.2

In these terms and conditions: Application means your application to enrol on a Course by completing and submitting to us the relevant application form. First Year Balance means the tuition fees which you need to pay to us prior to enrolment on your Course as set out in the Conditional Offer Letter, which are the tuition fees for the first year of your Course less the Deposit. First Year Tuition Fees means tuition fees for the first year of the Course, made up of the Deposit and the First Year Balance. CAS means a Confirmation of Acceptance for Study relating to you issued by the UKBA. CAS Administration Fee means the fee you must pay us if you require a CAS. Conditional Offer Letter means the conditional offer letter we send you relating to your Application, of which these terms and conditions are a part. Conditional Offer means our offer to enrol you on a Course pursuant to your Application once certain conditions set out in the Conditional Offer Letter have been satisfied. Course means a course of study offered by us. Course Deferral means you starting your Course on a Course Start Date which is later than the one stated in your Unconditional Offer Letter. Course Start Date means the date on which the first year of a Course starts.

Deposit means the amount of the deposit you need to pay us prior to enrolment on your Course as set out in the Conditional Offer Letter, which is 50% of the First Year Tuition Fees except for English as a Foreign Language Courses where the deposit shall be no less than 100% of the First Year Tuition Fees (and any payment in excess of the First Year Tuition Fees shall be applied against the Subsequent Year Tuition Fees to the extent of the excess). Enrolment Date means the date you are required to enrol on the Course. Tuition Fees means the tuition fees we charge for the Course [as set out in the Conditional Offer Letter for the first year of the Course][[and] as published on our website for each subsequent year of the Course] which are made up of the First Year Balance and the Subsequent Year Tuition Fees. Registration Fee means the fee set out in the Conditional Offer Letter which you need to pay us at the same time as you pay us your Deposit. Payment Plan means the plan for payment of the Tuition Fees set out in the Conditional Offer Letter. Subsequent Year Tuition Fees means the tuition fees payable for the second and each subsequent year of your Course as set out in the Conditional Offer Letter. UKBA means the United Kingdom Border Agency or any successor body discharging its functions relevant to these terms. We or us means Newcastle College and you means the person who has made an Application the subject of a Conditional Offer Letter and our, ours, your and yours shall be interpreted accordingly.

2

PAYMENT OF TUITION FEES, REGISTRATION FEE AND ADMINISTRATION FEE

2.1

The Deposit and the CAS Administration Fee (if any) must be paid to the College no later than the date stated for payment in the Conditional Offer Letter and if any of them is not then your enrolment on the Course may not take place at all or you may not be able to begin the Course in that year or with that year’s intake of students. Do not pay your Deposit until all the other conditions in your Conditional Offer Letter have been satisfied.

2.2

The following must all be paid in full before the Enrolment Date and if any of them is not then your enrolment on the Course may not take place and you may not be able to begin the Course in that year or with that year’s intake of students:

2.2.1

The First Year Balance;

2.2.2

The Registration Fee; and

2.2.3

The CAS Administration Fee.

2.3

The Subsequent Year Tuition Fees for the second year and subsequent years of your Course must be paid in full before the date on which the delivery of the second or subsequent year of the Course begins, as the case may be.

2.4

You agree that you will pay all sums which may be payable to us under the Conditional Offer Letter (which includes these terms and conditions) in full when due without deducting any amount or holding back any part of the sum due for any reason. Where we have to pay any sums to you, you agree that we are entitled to deduct any sums you owe us from those sums.

2.5

All sums you pay us must be paid in UK pounds sterling and all sums we may have to pay you will be paid to you by cheque in UK pounds sterling or by BACS transfer.

2.6

You can make payments to us by bank transfer into our bank account by cheque, BACS payment credit card, debit card, Banker’s Draft or cash. Details of our bank account can be obtained from our International Office. Cheques must be drawn on an account held with a UK clearing bank and must be presented to us at least 10 days before the date a payment is required. Where you pay by cheque it is your responsibility to ensure the cheque is supported by available funds. We accept no liability to you or anyone else for any inconvenience, costs, expenses or losses you or they may have as a result of your cheque failing to clear.

2.7

We are not liable to you for costs, expenses or losses you or anyone else may have as a result of any changes in exchange rates between the date you pay money to us and the date we may be required to pay any sum back to you or between the date we inform you of an amount due from you and the date you pay it.

2.8

If you withdraw from the Course after missing an instalment payment of Tuition Fees required under your Payment Plan, you will be deemed to have an outstanding debt to us equal to the missed instalment. Where you have an outstanding debt to us no offers of Courses will be made to you until the debt is cleared in full. Any funds received for a new course can be used to clear a previous debt. We may charge interest on such debt at 5% over the base rate of our bank from time to time, before and after judgment.

3

CHANGES TO TUITION FEES AND OTHER SUMS PAYABLE

3.1

The Subsequent Year Tuition Fees may be higher than the Tuition Fees payable by you for previous years of your Course.

3.2

All Tuition Fees may be changed without prior notice.

3.3

The amount of any fee payable set out in the Conditional Offer Letter may be changed by us at any time. If we change it we will tell you so you can decide if you still want to enrol for your Course. Changes will not apply to any fees you have already paid before we tell you about the change.

4

FAILURE TO PAY

4.1

If you do not pay Tuition Fees in accordance with your Payment Plan, we may: 4.1.1

Stop providing the Course or any other course or facilities of the College to you and prevent you from attending the College;

4.1.2

Apply sanctions to your College account, for example suspension of Library privileges.

4.1.3

Report your removal from the Course and your absence to UKBA in line with current UKBA policy guidance.

5

REGISTRATION FEE

5.1

The Registration Fee is not refundable under any circumstances.

6

CONFIRMATION OF ACCEPTANCE FOR STUDY

6.1

Where a CAS is required we will state that it is required in the Conditional Offer Letter.

6.2

The CAS Administration Fee is payable by you to us at the same time as you pay the Deposit.

6.3

The CAS Administration Fee is not refundable under any circumstances.

6.4

The CAS cannot be transferred to another person under any circumstances.

6.5

A CAS will only be issued once all of the conditions stated in the Conditional Offer Letter have been met and the Deposit and the Administration Fee have been paid. Where you have applied for an English language Course, a CAS will only be issued to you in relation to your Course where you have also paid the First Year Balance and the Registration Fee. Where you have applied for the Extended Diploma in Aerospace Engineering, a CAS will only be issued to you in relation to your Course where you have also paid 70% of the total course fees and the Registration Fee. In each case, payment must be made in accordance with clause 2.

6.6

A CAS is only valid for one course and one intake. If you apply for a Course Deferral, you will need a new CAS.

7

DEFERRAL OF YOUR COURSE START DATE

7.1

If you are unable to begin your Course on the Course Start Date then as long as you have paid your Deposit to us you can request that we agree to a Course Deferral. We do not have to agree to a Course Deferral. We will not usually agree to defer your Course Start Date to a date more than 12 months after the original Course Start Date.

7.2

Course entry requirements are subject to change and an Unconditional Offer for one intake may not be valid for a later Course Start Date whether for the same or different Course.

7.3

We will only consider one Course Deferral for you. If your Course Deferral is accepted we will issue a revised offer letter setting out the details of the Course Deferral and the dates by which you must make payments in relation to the Course, the date of enrolment and the new Course Start Date.

7.4

If your Course Deferral succeeds and you do not enrol on time, any sums paid by you (including Tuition Fees and any other fees) will not be refunded to you or applied in payment against any other Course or a later Course Start Date for your Course. You would have to make a new Course application and pay the required tuition and other fees for that Course in full.

7.5

If you were issued a CAS for your Course, a Course Deferral will only be permitted if the CAS has not been used for a visa application, as determined by UKBA’s Sponsor Management System. If your request for a Course Deferral is successful you will be required to pay a further CAS Administration Fee before a new CAS number can be issued to you. If you have used a CAS for a visa application, a deferral will only be permitted if we are provided with the original visa refusal notice.

8

REFUND OF DEPOSITS

8.1

The Deposit will not be refunded to you in any circumstances or for any reason except where: 8.1.1

You have not enrolled on your Course on or before the Enrolment Date and you provide us with your original visa refusal notice issued by the UKBA.

8.1.2

Your visa has been rejected because you received 0 (zero) points for Maintenance. Any refund under this clause will be subject to the deduction of the £90 Registration Fee.

8.1.3

We cancel your Course before the Course Start Date and we are unable to offer you another Course Start Date for that Course within 12 months of the original Course Start Date or a suitable alternative Course with a Course Start Date within 12 months of the Course Start Date for your Course.

8.2

We will not refund your Deposit if you do not enrol on your Course on or before the Enrolment Date and we have reported that fact to UKBA.

9

REFUND OF TUITION FEES

9.1

Tuition Fees will only be refunded to you where: 9.1.1

We cancel your Course before the Course Start Date and we are unable to offer you another Course Start Date for that Course within 12 months of the original Course Start Date or a suitable alternative Course with a Course Start Date within 12 months of the Course Start Date for your Course; or

9.1.2

We agree, in our absolute discretion, there are extenuating circumstances and whether there are extenuating circumstances which mean a refund should be made shall be decided by the Director of Student Services whose decision will be final but Tuition Fees will not be refunded to you in any other circumstances including those listed in the next clause, although that is not a complete list.

9.2

Tuition Fees will not be refunded to you where: 9.2.1

You wish to change to a different Course

9.2.2

You wish to transfer to a different college;

9.2.3

You claim you have been misadvised by your agent or advisor, including any who are engaged or employed by us; or

9.2.4

You arrive for the Course after the Course Start Date, except because of things outside your

control such as war, industrial action, acts of terrorism, natural disasters and so on; 9.2.5

You withdraw from the Course at any point.

10

ENROLMENT

10.1

In order to enrol, you must show us evidence of a visa which permits you to study in the UK for the full duration of your Course.

10.2

A Tier 4 Adult/General Visa must state our sponsor licence number. If you hold a Tier 4 Visa stating another institution’s sponsor licence number, you must apply to UKBA to transfer from that institution to us, and obtain a Tier 4 Adult/General Visa stating our sponsor licence number prior to enrolment.

10.3

Students are expected to arrive within the 14 day late acceptance period stated on the Unconditional Offer Letter. Any student who fails to enrol within the 14 day late acceptance period without prior agreement with the International office will be reported to UKBA and will not be permitted to enrol.

11

ATTENDANCE

11.1

Attendance is monitored in line with current UKBA Tier 4 policy guidance. Any student who is reported to the UKBA for non-attendance will not be permitted to resume their studies if they return to Newcastle College.

12

UKBA

12.1

If you have a CAS number, we must report you to UKBA if you do not enrol for your Course within 14 days of the Course Start Date or if you are absent from your Course without our permission for any period, irrespective of circumstances.

12.2

We may refuse or terminate sponsorship of any overseas student at any point, without prior notice and we are not obliged to provide our reasons for reason of refusal or withdrawal of sponsorship.

12.3

We are legally obliged to provide the UKBA with any information it may request with regards to an overseas student. We accept no liability to you or anyone else for any inconvenience, costs, expenses or losses you or they may have as a result of any visa refusals, cancellations or variations or any deportation which may occur as a result of us providing this information.