Terms and Conditions of the Agreement between the NESOL and the Student
For the purposes of these TERMS:
1.1 “NESOL” means British NESOL who (the Seller) will provide the service to the consumer.
1.2 “STUDENT” means the Student who will enroll the course or courses of NESOL.
1.3 “COURSE” means live Online or Face to Face Course/s.
1.4 “COURSE MATERIALS” means the electronic copies of materials relating to any COURSE which is offered by NESOL.
1.5 “TERMS” means the Terms and Conditions set out in this document and apply to our provision and STUDENT’s use of the information, services and materials.
1.6 “PARTIES” means STUDENT and NESOL
1.7 “CONTRACT” means the contract between NESOL and STUDENT for the sale and purchase of the COURSE incorporating these TERMS.
2.1 Nothing in these TERMS shall affect the STUDENT’s statutory rights as a Consumer.
2.2 These TERMS shall apply to all contracts for the sale of the COURSE by NESOL to STUDENT.
2.3 Any variation to these TERMS (including any special terms and conditions agreed by the PARTIES) shall be inapplicable unless agreed in writing by PARTIES.
3. About NESOL
3.1 In these Terms, references to NESOL (Trading As) is to College of Contract Management United Kingdom Limited, a company incorporated in England and Wales (registered number 08659479) whose registered address is at Atticus House, 2 The Windmills, St. Marys Close, Alton, Hants, GU34 1EF.
4. Rights of the NESOL
4.1 NESOL reserves the right to adjust the price of the
COURSE at any time prior to an enrolment which is being processed.
4.2 NESOL reserves the right to adjust the specification of the COURSE, or any aspect of the COURSE, at its tutorials and assignments or exams.
4.3 Should the NESOL change the price of the COURSE, STUDENT will have the opportunity to either cancel the enrolment or to proceed at the amended price.
4.4 If NESOL discovers that STUDENT is not legally entitled to order COURSE, NESOL shall be entitled to cancel/refuse the order immediately and without notice.
4.5 NESOL reserves the right to withdraw COURSE at any time. Should NESOL withdraw COURSE after STUDENT has purchased it, NESOL shall refund STUDENT an amount agreed between NESOL and STUDENT, based on the number of assignments that STUDENT has completed and have been marked by a Lecturer.
4.6 Save as provided for in the preceding paragraph, NESOL shall not be liable to anyone for withdrawing COURSE or for refusing to process an order.
4.7 NESOL reserves the right to appoint a new lecturer/tutor or change the lecturer/tutor or manage the lecturer/tutor.
4.8 NESOL reserves the right to offer Pass or Merit or Distinction or Fail the subjects of COURSE.
4.9 NESOL reserves the right to accept or refuse STUDENT’s application for the enrolment of COURSE.
4.10 NESOL reserves the right to refuse STUDENT’s application for the enrolment of COURSE due to partial payment is made prior to approval of NESOL and not essential document submitted to the proof of entry requirements.
4.11 NESOL reserves the right to withdraw STUDENT’s entitlement to follow the course if he failed to pay the installment payment within 7 days from the due date.
4.12 If STUDENT’s application for the enrolment of COURSE is not accepted by NESOL in accordance with clause 4.10, the payment shall be returned if STUDENT is made any.
4.13 If STUDENT’s course is withdrawn by NESOL in accordance with the clause 4.11, the payment shall not be refunded if STUDENT is made any.
4.12 NESOL reserves the right to terminate COURSE if STUDENT has lost the communication in accordance with the clause 11.5 & 11.6.
5. Using Website (including Moodle) of NESOL (www.britishnesol.org)
5.1 STUDENT uses and accesses of this Website and the Online Content and COURSE is subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will be a breach of these Terms by you:
a. STUDENT agrees to use the Website and access the Online Content and Courses only for lawful purposes and in no way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
b. STUDENT agrees not to use the Website or access the Online Content and Courses for the purpose of harming or attempting to harm minors in any way;
c. STUDENT agrees not to distribute all or any part of the Website or Online Content and Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms including, without limitation
d. STUDENT agrees not to alter or modify any part of the Website or any of the Online Content and Courses;
e. STUDENT agrees not to access the Website or Online Content and Courses through any technology other than the software provided by us or other generally available third party web browsers such as Chrome, Safari or Internet Explorer;
f. STUDENT agrees not to (and not to attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on us, the use of the Website or access to the Online Content and Courses;
g. STUDENT agrees not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
h. STUDENT agrees not to use or access the Website or Online Content and Courses or any part of them for any commercial uses or for the benefit of any third party, including but not limited to:
I. the sale of access to the Online Content and Courses or any associated content;
II. the solicitation of business in the course of trade or in connection with a commercial enterprise; and
III. the solicitation of, for commercial purposes, any Visitors or Learners of the Website with respect to their content
i. STUDENT agrees to use the Website and access the Online Content and Courses in a way which does not infringe the rights of anyone else or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content and Courses.
j. STUDENT agrees not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
k. STUDENT agrees not to access or attempt to access any other STUDENT‘s account or falsely state, impersonate, or otherwise misrepresent STUDENT’s identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present;
6. Price and Payment
6.1 The price of COURSE shall be that stipulated on www.britishnesol.org
6.2 COURSE fees include all live online lectures, COURSE MATERIALS, tutorials, but do not include printing costs incurred by STUDENT and the cost for any exams required by any third parties such an authorisation or a awarding body(for e.g. EDEXCEL).
6.3 The total purchase price will be agreed or displayed in the website when confirming the order by relevant department of NESOL.
6.4 After the full order is received, NESOL shall confirm by email the acknowledgement of registration and payment together with information on the right to cancel in accordance with clause 9.1 if STUDENT is a Consumer.
6.5 Full payment of COURSE must be made in full, before COURSE is made available STUDENT.
6.6 Where a STUDENT has been approved by NESOL to pay in installments, payment will be processed either online or offline. The first payment must be made in full before COURSE is made available to STUDENT. After that, each of the following installments will be paid on the date agreed. Should any of the subsequent payments not be made, STUDENT will be withdrawn from COURSE immediately and no further COURSE Materials or any question tutorials or assignments will be accessed to STUDENT, or contact with lecturer/tutor be allowed by STUDENT. Should STUDENT’s payment not be received within 7days from the due date, then STUDENT will be in breach of contract and the full amount owing for COURSE will become due for immediate payment. If necessary, a Debt Recovery Agency will be appointed to recover outstanding payments. The Debt Recovery Agency will apply further costs for the collection of the amount owing. Once STUDENT’s account has been passed to a Debt Recovery Agency, STUDENT will deal exclusively with the Agency. Once STUDENT has been passed to a Debt Recovery Agency, STUDENT will not be able to re-enroll on any of COURSE.
6.7 STUDENT who withdraws after they have officially started COURSE shall be required to pay all outstanding fees of COURSE. To avoid any doubt, STUDENT has entered a legally binding contract to pay COURSE fees in full and any additional fees where appropriate.
7.1 All orders for COURSE shall be deemed to be an offer by STUDENT to purchase COURSE pursuant to these TERMS and are subject to acceptance by NESOL. NESOL may choose not to accept an order for any reason.
7.2 Where COURSE ordered by STUDENT is unavailable, STUDENT shall be notified and given the option either to wait until it becomes available or to cancel the order and receive a full refund within 30 days.
8. Conditions of Enrolment
8.1 STUDENT must supply scanned copy of Passport or valid ID and recent colour passport sized photo if required. NESOL shall commence the enrolment processes once necessary documents are supplied by STUDENT.
8.2 COURSE must be completed within the time frame stipulated in the website www.britishnesol.org
Should STUDENT not complete COURSE within the stipulated time frame, the study time can be extended by a further period of 12 months without additional cost.
8.3 After these periods it is deemed that the enrolment has lapsed and STUDENT will need to re-enroll and pay the full fees for COURSE.
8.4 Should STUDENT not pass COURSE Assignment and Tutorials within the stipulated time frame, total two revisions or resubmissions will be offered without additional cost.
9.1 STUDENT has statutory right under the Consumer Protection Regulations allows STUDENT seven (7) days, from the day after STUDENT’s payment paid on a Course, in which to make a written request to email to firstname.lastname@example.org or recorded delivery to NESOL’s address for cancellation. To avoid any misunderstandings, telephone cancellations are not acceptable and you must send the email or letter by recorded delivery. After the 7 days have elapsed NESOL shall not accept any COURSE cancellation under any circumstances and all the fees nonrefundable.
9.2 If the cancellation is accepted by NESOL in accordance with clause 9.1, STUDENT will be charged a Withdrawal Administration fee of GBP £49. Outstanding fees must be paid in full.
9.3 Refunds of STUDENT’s payment which made by STUDENT shall be made only if NESOL accept STUDENT’s cancellation in accordance with the clause 9.1. No refund of full payment/stage payments with reduction of administration fee shall be made if STUDENT cancels the COURSE not according to the clause 9.1.
10.1 NESOL confirms the acceptance or rejection of the application of COURSE within 14 days from the date of full payment is made (otherwise agreed to pay in installments). The confirmation email shall be sent by NESOL otherwise NESOL shall contact STUDENT for further necessary document before make decision on the application.
10.2 Once the application is accepted, NESOL shall confirm the details, COURSE commencement date, and schedule of COURSE within 14 days from date of acceptance of the application.
Moodle (Virtual Study Platform) access will be supplied to STUDENT prior to COURSE commencement, if required.
10.3 STUDENT shall login Moodle for receiving course materials and uploading submissions him/herself without any notification from NESOL.
10.4 NESOL shall use its reasonable endeavours to meet any agreed date for delivery. In any event, time of delivery shall not be of the essence and NESOL shall not be liable for any losses, costs, damages or expenses incurred by STUDENT or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
10.5 Delivery of COURSE Materials shall be made to STUDENT’s account in Moodle and STUDENT shall make all arrangements necessary to take delivery of it whenever it is tendered for delivery. Title and risk in COURSE MATERIALS shall pass to STUDENT upon its delivery to STUDENT.
10.6 STUDENT shall inspect COURSE MATERIALS immediately upon receipt and shall notify NESOL in writing within 7 working days of delivery if it is (electronic) damaged. If STUDENT fails to do so it shall be deemed to have accepted it.
10.7 Where a claim of defect in, or damage to COURSE MATRIALS is made, STUDENT shall inform to NESOL. NESOL shall be entitled to a replacement of the materials.
10.8 NESOL shall publish all schedules which for course induction, live online lectures, assignment release and submission, Moodle Access, grade/result of assessments and other notifications via STUDENT’s account in the Moodle.
10.9 STUDENT attendance to LIVE Online Lectures is mandatorily required.
10.10 STUDENT must notify immediately to NESOL any changes of his email address.
11. Lecturer, Tutor & COURSE Administrator/Manager
11.1 NESOL shall appoint Lecturer or Tutor within 3 working days of the commencement of each unit.
11.2 NESOL shall appoint Lecturer or Tutor to provide advice on revision or resubmission of Tutorials and Assignments via live online sessions.
11.3 NESOL shall appoint COURSE Administrator to coordinate with STUDENT to assist the difficulties of COURSE environment, technical difficulties, and dead line of the submissions.
11.4 NESOL shall keep in contact via Online (or by phone if agreed) with STUDENT on a regular basis to see how he/she is getting on. STUDENT shall in touch by Go to Meeting software with camera access.
11.5 If STUDENT shall no reply to the communication from NESOL during COURSE period for continuous 4 weeks, the COURSE Administrator shall send a notice via email to instruct about the communication lost. If NESOL did not hear from STUDENT for 3 months, NESOL shall consider that STUDENT shall no longer wish to complete COURSE.
11.6 NESOL shall send two warning emails to STUDENT and if NESOL still have not heard anything after two weeks, NESOL shall terminate STUDENT from that COURSE.
11.7 If the termination is done by NESOL in accordance with clause 11.5 and 11.6, STUDENT shall not reserve the right to obtain any payment or refund or claim against NESOL.
12. Internet Connection and Charges
12.1 If STUDENT has no computer and landline Internet facilities, STUDENT should contact NESOL before register COURSE so that it is an Online course.
12.2 NESOL must allow only Internet connection from the high-quality Landline Internet provider of the country of STUDENT where he/she based.
12.3 NESOL shall advise the best Landline Internet provider of the country where STUDENT based.
12.4 The certificate of the award at the successful completion of COURSE shall be sent by courier and standard charge for the courier shall be paid by STUDENT.
12.5 All charges related to Internet connections, application, moving home, relocation, power, computer and its softwares and services shall be responsible of STUDENT.
13. Interruption of Studies
13.1 During COURSE, STUDENT may experience personal difficulties and can temporarily stop or delay his/her studies, for a period of up to 6 months, agreed directly with COURSE Administrator. An Interruption to Studies form must be completed by STUDENT to formalise this arrangement.
13.2 If STUDENT fails to restart his/her studies after a period of 3 months STUDENT shall be deemed to have left COURSE and NESOL shall terminate STUDENT from that COURSE.
13.3 If the termination is done by NESOL in accordance with clause 13.1 and 13.2, STUDENT shall not reserve any right to obtain any payment or refund or claim against NESOL.
13.4 A maximum of 6 months interruption of studies shall be permitted by NESOL with appropriate reason during the period of COURSE.
13.5 STUDENT can only apply for an interruption of studies after 3 months from his/her official COURSE start date.
13.6 Interruption of studies applies only to Diploma level COURSEs.
13.7 During any informal or formally arranged Interruption of Studies, stage payments must continue to be paid, as agreed at the start of COURSE.
13.8 STUDENT shall be required to pay a re-start fee GBP £100, on COURSE being studied.
14. Submission of Assignments, Tutorials and Reports
14.1 STUDENT must submit their assignments according to the deadlines on the schedule provided by the NESOL in the Assignment.
14.2 STUDENT can apply for extensions on their assignment submission deadlines, but they can only apply for total three extensions for the duration of COURSE.
14.3 STUDENT can apply for up to 3 weeks extensions on three assignments for the duration of COURSE.
14.4 STUDENT can apply further extension under the circumstances which approved by NESOL.
14.5 When STUDENT is granted an extension, this does not affect future assignment deadlines.
14.6 Extensions must be given officially by COURSE Administrator.
14.7 Should STUDENT submit an assignment or tutorial to NESOL after its due, the Subject shall be deemed to have only Pass if it is successful, and shall not be eligible for any grade such Merit and Distinction.
14.8 Should STUDENT not submit an assignment or tutorial to NESOL within the deadline (otherwise the revised deadline if granted), the Subject shall be deemed to have failed, and shall not be eligible for a refund of fees paid.
15. Contacts or Notice
15.1 NESOL shall maintain all communications via STUDENT’s account in Moodle.
NESOL shall maintain any communications via primary email if necessary.
15.2 STUDENT must provide the primary and secondary email addresses, telephone numbers for day time and evening time, and the postal address.
15.3 NESOL shall advise for all course related deliveries and submission only through STUDENT’s account in the Moodle.
15.4 STUDENT must notice to NESOL within 3 days if there are any changes made to the contact details stated in the clause 15.2.
15.5 NESOL shall not take any responsibility of the changes of contact details by STUDENT.
15.6 NESOL can only communicate with STUDENT directly enrolled with NESOL; NESOL cannot communicate with any third party.
16.1 If STUDENT is found guilty of plagiarism, submitting tutorials or assignment which is not STUDENT’s own work, the Subject shall be deemed to have failed in accordance with Mal Practice policy, and shall not be eligible for a refund of fees paid.
17. Data Protection
17.1 This privacy statement applies to any personal data STUDENT supply to NESOL.
17.2 NESOL shall not use personal data STUDENT supply while enrolling COURSE for marketing purposes unless STUDENT given his/her permission at the point of purchase.
17.3 NESOL collect any personal data STUDENT supply to NESOL when STUDENT begins his/her COURSE.
17.4 NESOL will also collect contact details from prospective STUDENT. NESOL maintain data on STUDENT’s transactions with NESOL.
17.5 The personal information which NESOL hold is held securely.
18. Indemnity and Limitation of Liability
18.1 Except as may be implied by law where STUDENT is dealing as a Consumer, in the event of any breach of these TERMS by NESOL the remedies of STUDENT shall be limited to damages which shall in no circumstances exceed the price of COURSE and NESOL shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
18.2 Nothing in these TERMS shall exclude or limit the liability of NESOL for death or personal injury resulting from the negligence of NESOL or that of NESOL’s agents or employees.
18.3 STUDENT agrees to indemnify and keep indemnified NESOL, their successors and assigns, and each of their respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from STUDENT’s use of or interpretation of COURSE and from any material posted on COURSE website, to its discussion groups or from any other matter relating to COURSE, including but not limited to use of the information contained in COURSE.
19. Behaviour of STUDENT
NESOL shall not accept any inappropriate behavior directed at any member of staff or fellow students under any circumstances. This includes harsh words, bad language, sexual harassments, hate words, race/ ethnic/religious discriminations and threats via email, in writing, over the telephone, or text messages or in person.
NESOL reserves the right to remove STUDENT from their COURSE. STUDENT shall not reserve the right to obtain any payment or refund or claim against NESOL, payment for any outstanding fees will be required in full.
20. Linking to Other Sites
20.1 NESOL’s website may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
20.2 NESOL do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
(a) NESOL has no responsibility for the accuracy or availability of information provided by Linked Sites, and
(b) NESOL does not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.
20.3 NESOL may remove any links to Linked Sites from the Website at any time for any reason.
20.4 NESOL will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.
20.5 NESOL appreciates that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. NESOL respects those rights and provide the links for information purposes only. The fact that NESOL has linked to any Linked Site does not create or imply any relationship or partnership between NESOL and the operator of such Linked Site.
21. Force Majeure
NESOL shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and NESOL shall be entitled to a reasonable extension of its obligations.
22. Transferring the COURSE
NESOL shall not allow transferring a COURSE to a third party.
23. Copyright, Patents, Trade Marks and Other Intellectual Property Rights
All the copyright in the live Online COURSE is the property of NESOL. Any unlawful copying, trading, pirating or unauthorized use of this COURSE ware will be construed as a breach of copyright and may result in prosecution.
24. Course Accreditation or Awarding Bodies
NESOL reserves the right to apply or change the accreditation/ awarding body for qualifications if any necessary.
Notwithstanding any other provisions herein contained, and without prejudice to any other rights such party serving notice may have, NESOL may forthwith terminate the access to COURSE by written notice to STUDENT if STUDENT commits any breach of these TERMS and fails to remedy such breach within 7 days of written notification by NESOL.
26. Third Party Rights
STUDENT may not assign or sub-contract any rights or obligations under this contract to a third party unless NESOL agrees in writing.
No waiver by NESOL (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
28. Changes to TERMS and WEBSITE
NESOL shall be entitled to alter these TERMS at any time, but this right shall not affect the existing TERMS accepted by STUDENT upon making a purchase. Any updates or amendments will be posted on the Website. In addition, NESOL reserves the right to modify, suspend or discontinue all the Online Content and Courses with or without notice to STUDENT and NESOL will not be liable to STUDENT or any third party for any such modifications, suspension or termination. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
29. Governing Law and Jurisdiction
These TERMS shall be governed by and construed in accordance with the law of England and PARTIES hereby submit to the exclusive jurisdiction of the English courts.
Its effective from 1st February 2018