Terms and Conditions

Introduction

  1. These Terms and Conditions form the basis of a legal contract for educational services.
  2. BiLD reserves the right to change or add to these Terms and Conditions from time to time and will provide at least one full Term’s notice of substantial changes to the parents before the changes take effect.
  3. By participating in the enrolment process, both the pupil and parents are bound by the Terms and Conditions of BiLD. BiLD reserves the right to change, modify, discontinue any aspect of the curriculum, associated social media, website, documents, downloadable content and all items related to BiLD. Violating the terms and conditions may result in disciplinary action including expulsion/suspension of the pupil at the discretion of BiLD.
  4. Our Brochure and Website are not contractual documents.

Terminology

  1. “The Founder” is responsible for the day-to-day running of BiLD and that expression includes those to whom any duties of the Founder have been delegated.
  1. “The Parents”/“You” means any person who has provided details as the guardian of the child in the Application Form and/or who has accepted responsibility for a child’s enrolment onto the programme.
  1. “The Pupil” is the child named on the Application Form.

Application and Acceptance

  1. BiLD requires prospective pupils to undergo an enrolment process as outlined in the BiLD Brochure. Upon completion of the set tasks, the results are reviewed by BiLD and it is at the discretion of BiLD that an applicant will be accepted onto the BiLD course. BiLD reserves the right to accept or decline any prospective pupils after the completion of the enrolment tasks. Acceptance of the applicant’s place on a course is confirmed by a successful payment of the first term of classes.
  1. Admission Requirements: Before enrolling on the programme the Pupil must satisfy the BiLD entry requirements, which may be judged by consideration of performance in an interview or details provided in the application form.

Pastoral Care

  1. Meaning: Pastoral Care is a core theme running throughout all aspects of life at BiLD and is directed towards the safety, health, security, happiness, success and general welfare of each pupil.
  1. BiLD recognises its responsibilities for child protection and safeguarding. Our policy applies to all staff and volunteers working in the organisation. Child protection is the responsibility of all the BiLD Staff. BiLD will therefore:
  1. Complaints/Concerns: Any serious questions, concerns or complaints about a Pupil’s pastoral care, safety or quality of education must be notified to BiLD as soon as practicable.
  1. Ethos: The ethos of BiLD must be such as to foster good relationships between members of the staff, among the pupils themselves and between members of the staff and pupils. Bullying, harassment, victimisation and discrimination will not be tolerated.
  1. Rewards: Rewards may be employed to reinforce good work/learning, behaviour and attitude. They may be in the form of verbal praise, certificates or prizes.
  1. Disclosures: Parents must, as soon as possible, disclose to BiLD in confidence any known medical condition, health problem affecting the Pupil, any history of a learning difficulty on the part of the Pupil or any member of his immediate family, or any family circumstances or court order which might affect the Pupil’s welfare, academic success or happiness.
  1. Confidentiality: The Parents authorise the Founder to override their own and (so far as they are entitled to do so and to the extent allowed for by the appropriate law) the Pupil’s rights of confidentiality, and to impart confidential information on a “need-to-know” basis, where necessary, to safeguard or promote the Pupil’s welfare.
  1. Photographs: BiLD may from time to time include photographs or images of pupils in BiLD’s promotional material such as Brochures and the Website. BiLD will not disclose the full name of a Pupil without the Parent’s consent.
  1. Service Access: BiLD will do their utmost to ensure that the website is available 24 hours a day. Available content will include written information, login areas for pupils, downloadable content and access to online class materials. Pupils will be granted access to classes at the time of their designated class. Access to the BiLD website may be suspended temporarily due to systems failures, maintenance, repair or reasons beyond the control of BiLD. BiLD is not liable if the website is unavailable for any given time period.
  1. Liability – Reasonable Endeavours: While BiLD will use its reasonable endeavours to educate the Pupil, BiLD will not be liable for any failure of a Pupil to attain any academic or other standard.
  1. Liability – General Limitation: Any liability of BiLD to the Pupil or Parents shall be limited to the aggregate amount of Fees paid in respect of the Pupil. BiLD is not liable or responsible for any damage that a third party may experience. Such damage is inclusive of any direct, indirect damage to third party hardware/software, loss of income, financial loss, loss/damage to third party data and any other damage that a third party may experience.

Health and Medical Matters

  1. Medical Declaration: Parents will be asked to complete forms concerning the Pupil’s health. BiLD shall not be held liable for any harm or injury caused by any known medical condition, health problem or allergy intentionally withheld.

Educational Matters

  1. BiLD’s Commitment: BiLD will do all that is reasonable to provide an educational environment and teaching of a range, standard and quality which is suitable for each Pupil to make academic progress.
  1. Learning Materials: Learning materials are provided to pupils by BiLD in the form of downloadable content and online viewable content. Users of these contents do not have permission to copy, plagiarise, manipulate, resell or distribute it. Failure to abide by these terms may result in disciplinary actions which may lead to criminal prosecution.
  1. Organisation: BiLD reserves the right to organise the Syllabus and its delivery in a way that, in the professional judgment of the Founder, is most appropriate for the pupils.
  1. Reports and References: Information supplied to Parents and others concerning the progress and character of the Pupil, and about examinations, further and/or higher education and career prospects, and any references will be given conscientiously and with all due care and skill but without liability on the part of BiLD.
  1. Learning Difficulties: BiLD will do all that is reasonable in the case of each Pupil to assess and deal appropriately with a learning difficulty, which amounts to a “special educational need”. BiLD’s staff are not, however, qualified to make a medical diagnosis of conditions such as those commonly referred to as dyslexia, or of other types of learning difficulties, and BiLD will not accept liability for the absence of such diagnosis.
  1. Information about Learning Difficulties: Parents must notify the Founder in writing if they are aware or suspect that the Pupil has a learning difficulty and the Parents must provide BiLD with copies of all written reports and other relevant information.
  1. BiLD’s Intellectual Property: BiLD reserves all rights and interest in any copyright, design right, registered design, patent or trademark (“intellectual property”) arising as a result of the actions, or work of the Pupil in conjunction with any member of staff and/or other pupils at BiLD for a purpose associated with BiLD. BiLD may acknowledge, or allow to be acknowledged, the Pupil’s role in creation/development of intellectual property. All content on the BiLD website is the sole property of BiLD. All content accessed through the BiLD website is the sole property of BiLD. All content downloaded from the BiLD website is the sole property of BiLD. Users of the BiLD website are not permitted to manipulate, download, resell, plagiarise or copy content without written consent from BiLD. Users found to be in breach of copyright risk disciplinary action by BiLD which may result in suspension/expulsion from course(s) and/or criminal prosecution.
  1. Media: BiLD has the right to use its pupils in any form of multimedia (photographs, audio clips, video clips etc.) which may subsequently be displayed on the BiLD website, any associated social media pages and on any other platform used by BiLD. All multimedia used by BiLD is the sole property of BiLD unless otherwise stated. Agreeing to the terms and conditions means you have given consent for your child to be present in various multimedia formats which may be used in any BiLD related document, social media page, web page and/or other media outlets which feature BiLD.
  1. Licence and Conditions Regarding Website: Users of the BiLD website do not have the permission to copy, plagiarise, download, manipulate or resell any content owned by BiLD without expressed written consent from BiLD. Written consent may be obtained by contacting BiLD. BiLD reserve the right to refuse consent to use their content.
  1. Pupil’s Original Work: Ownership of the Pupil’s original work, such as classroom work, prep or homework, projects and computer generated material, lies with the Pupil.

Behaviour and Discipline

  1. BiLD Behavioural Policy: At BiLD we strive to provide a caring ethos where everyone within the organisation’s community feels safe, confident, valued and respected. BiLD promotes an environment where everyone can live and work together in a supportive way, enabling all to reach their full potential, emotionally, socially and intellectually. The primary aim of our behaviour policy is to promote good behaviour. We have certain rules and expectations of our students and our staff do not ignore unacceptable behaviour. Our staff endeavour at being good role models and rewarding pupils to promote positive behaviour.
  1. Conduct and Attendance: BiLD attaches importance to courtesy, integrity, manners, attendance and punctuality.

 

  1. Authority of the Founder: The Parents hereby confirm that they accept the authority of the Founder, and of other members of staff on behalf of the Founder, to take all reasonable disciplinary or preventative action necessary to safeguard and promote the welfare of each Pupil and the BiLD Community as a whole. The Founder is responsible also for the imposition of any sanction including request for withdrawal of the Pupil for non-payment of tuition fees.
  1. Investigative Action: A complaint or rumour of misconduct will be investigated. A Pupil may be questioned and competent members of staff, in appropriate circumstances. All reasonable care will be taken to protect a Pupil’s rights and freedoms and to ensure that the Parents are informed as soon as reasonably practicable after it becomes clear that the Pupil may face formal disciplinary action.
  1. Procedural Fairness: Investigation of a complaint which could lead to a request for withdrawal of the Pupil shall be carried out in a fair and unbiased manner. All reasonable efforts will be made to notify the Parents or guardian so that they can attend a meeting with the Founder before a decision is taken in such a case.
  1. Divulging Information: Except as required by law, BiLD and its staff shall not be required to divulge to Parents or others any confidential information or the identities of pupils or others who have given information which has led to a complaint, or which the Founder has acquired during an investigation.
  1. Withdrawal at the Request of BiLD: A Pupil may remain at BiLD for so long as the Founder is satisfied with the Pupil’s progress and general behaviour. Parents may be required during or at the end of a term to withdraw the Pupil temporarily or permanently from BiLD without refund of fees if, after consultation with a Parent, the Founder is of the opinion that the conduct or progress of the Pupil has been unsatisfactory or if the Pupil, in the judgment of the Founder, is unwilling or unable to profit from the educational opportunities offered (or a Parent has treated BiLD or members of its staff unreasonably, as judged by the Founder) and in any such case a request for withdrawal is considered by the Founder to be warranted.
  1. Withdrawal/Suspension: A Pupil may be withdrawn at any time if the Founder is reasonably satisfied that the Pupil’s conduct has been prejudicial to good order of BiLD’s discipline or to the reputation of BiLD. The Founder will act fairly and in accordance with natural justice and will not request such action other than in serious circumstances. In the event of a withdrawal there may be no refund of fees. There will be no charge of Fees in lieu of notice but, save for any contrary provisions in any other agreement made between the Parents and BiLD, all arrears of Fees and any other sum due to BiLD will be payable.
  1. Dismissal: Permanent dismissal is taken very seriously at BiLD and is only used as a last resort.  Every-time a serious incident takes place and/or the child displays unacceptable behaviour parents will be informed and the incident will be recorded in the behaviour log. Children will be given three verbal warnings and two written warnings before they are entirely dismissed from the course.
  1. Dismissal Policy: BiLD takes teaching and learning very seriously therefore certain behaviours will not be tolerated in the classroom. BiLD reserves the right to dismiss a pupil on the following grounds, if a student:
  1. Misses three lessons consecutively, unless arranged otherwise in special circumstances.
  2. Misses ten lessons in one term, unless arranged otherwise in special circumstances.
  3. Does not memorise the vocabulary.
  4. Does not complete their homework.
  5. Does not complete their homework to a good standard.
  6. Misbehaves in the classroom.
  7. Distracts other students.
  8. Is rude to staff or students
  9. Bullies other students
  10. Is disrespectful of their surroundings
  1. BiLD takes disciplinary action very seriously and will only dismiss a pupil as a last resort. The pupil’s parents/guardians will be informed of any inappropriate behaviour and disciplinary action/warning will be taken/given before the final dismissal. BiLD has a rigorous approach to testing and tracking every pupil’s progress therefore every pupil will have a review after every term and a detailed report will be sent to the parents/guardians outlining the pupil’s progress. The report will also include details of any concerns and areas of improvement.

Provisions about Notice

  1. Notice for Child Withdrawal from BiLD: Should a parent decide to withdraw their child from a BiLD course, no prior notice is required. Parents should notify BiLD of the decision to withdraw their child. No refund will be granted should payment have already taken place.
  1. Prior Consultation: It is expected that a Parent or duly authorized education guardian will, in every case, consult personally with the Founder before notice of departure is given.

Fees

  1. BiLD course fees have been specified in the Fees section of the BiLD Enrolment 2018 Brochure. BiLD reserves the right to change course fees with no notice required to pupils or parents. Notice may be given at the discretion of BiLD. Deadlines for payment will be set by BiLD at the time of pupil enrolment. The parent(s) who agreed to their child’s enrolment as a pupil of BiLD are liable to meet payment deadlines. Payment structures are set at the discretion of BiLD. Special circumstances may dictate that payment to BiLD may be difficult in which case parents should contact BiLD to discuss these circumstances in further detail. BiLD reserves the right to offer alternative course fees and payment schedules to what is advertised for enrolling onto a course; all of which is at the discretion of BiLD. Failure to pay course fees by the designated date and time may result in the pupil’s enrolment being cancelled, delayed, temporarily suspended or completely removed from the BiLD enrolment procedure.
  1. Payment: The course fee breakdown and payment schedule for the first year is issued to parents in the Fees section of the BiLD Enrolment 2018 Brochure. Fees and payment schedule of subsequent academic years shall be sent to parents at the end of the previous year.  Parents undertake to pay the Fees applicable for each term in respect of each year directly to the BiLD. Except where a separate agreement has been made between the Parents and BiLD for the deferment of payment of Fees, Fees for each term are due and payable before the commencement of the term to which they relate. If one or more items on the bill are under query, the balance of the bill must be paid.
  1. Refund/Waiver: Fees will not be refunded or waived for absence through sickness, or if a term is shortened or a vacation extended or for any cause other than exceptionally and at the sole discretion of the Founder in a case of genuine hardship or where there is a legal liability under a court order or under the provisions of this contract to make a refund. In case of BiLD closure, BiLD will make every reasonable effort to either provide continued education by other means or make up the time lost at a later date either within or outside the designated term time.
  1. Withdrawal for Non-Payment: Without prejudice to any other rights or remedies that BiLD may have:
  1. In the event that Fees are not paid in full (so as to be received in cleared funds by BiLD) by the due date for payment, BiLD may, by notice in writing to the Parents, set a new date for payment of such Fees (or outstanding balance) failing payment of which by such date may result in BiLD taking legal action.
  2. The deemed withdrawal is permanent and there is no right to have the Pupil concerned readmitted to the Centre even if payment is made subsequently.
  3. BiLD reserves the right (exercisable by the Founder at his sole discretion) to readmit a pupil following a deemed withdrawal upon such terms as the payment of outstanding and future Fees, as the Founder may determine.
  1. Poor Fee Payment Record: Parents who have a poor or otherwise unsatisfactory fee payment record may be required, at the Founder’s discretion, to pay each of the following years’ fees in a single lump sum in advance.
  1. Part Payment: Any sum tendered that is less than the sum due and owing may be accepted by BiLD on account only.
  1. Installment Agreements: An agreement by BiLD to accept payment of current and/or past and/or future Fees by installments is concessionary and will be subject to separate agreement/s between the Parents and BiLD.
  1. Advanced Payment Scheme: From time to time, BiLD makes available a Scheme under which a lump sum prepayment is made by or on behalf of the Parents which will be the subject of a separate contract which will provide, among other conditions, for a refund of the unused part of the prepayment in the event of the Pupil leaving earlier than expected. Fees in lieu of notice (where applicable) and any other amounts owing to BiLD at that time will be deducted from the sum to be refunded.
  1. Amount and Review of Fees: Fees are reviewed at least once each year. Parents will usually be informed in the summer term of any increase in the Fees applicable for the following academic year but the right is reserved to increase the Fees at any time prior to the start of a new academic year.

Events beyond the control of the Parties

  1. Force Majeure: An event beyond the reasonable control of the parties to this contract is referred to below as a “Force Majeure Event” and shall include such events as an act of God, accident, fire, flood, war, riot, civil unrest, act of terrorism, chemical or biological contamination, strikes, industrial disputes, outbreak of epidemic or pandemic of disease, compliance with any law or governmental order, rule, regulation or direction (including that of a local authority), failure of utility service or transportation; it shall not include an ability to pay Fees. Subject to express written agreement to the contrary, the Parent’s continuing obligations under this contract in respect of Fees shall not be affected by a Force Majeure Event.
  1. Notification by BiLD: In the event of a Force Majeure Event arising which prevents or delays the BiLD’s performance or any of its obligations under this contract, BiLD shall immediately give parents notice in writing, specifying the nature and extent of the circumstances giving rise to the Force Majeure Event. Provided that BiLD has acted reasonably and prudently to prevent and minimize the effect of the Force Majeure Event, BiLD will have no liability in respect of the performance of such of its obligations as are prevented by the Force Majeure Event while it continues. BiLD shall use its best endeavours during the Force Majeure Event to provide educational services.
  1. Continued Force Majeure: If BiLD is prevented from performance of its obligations for a continuous period greater than four months, BiLD shall notify the Parents of the steps it shall take to ensure performance of the contract.
  1. Notification by Parents: In the event of a Force Majeure Event that affects the Parent’s ability to perform any of their obligations under the contract, they shall give BiLD notice in writing of the Force Majeure Event. The Parents shall not be liable for non-performance of such obligations (except payment of fees) during the Force Majeure Event but in the event of the Force Majeure Event continuing for more than four months shall discuss with BiLD a solution by which this contract may be performed.
  1. Class Cancellation Policy: BiLD will endeavour to ensure all classes run smoothly and at the designated time. BiLD reserves the right and has the autonomy to cancel and/or rearrange classes at the discretion of the Founder or the BiLD staff. Classes will only be cancelled due to unforeseen circumstances which include teacher sickness, lack of the availability of a cover teacher, personal emergencies, personal bereavement or any other circumstances which would mean the teacher is unable to be present during class. Class will only be cancelled if a replacement cannot be arranged in time. Refunds will not be issued to parents for cancelled classes. Any cancelled classes will be made up at a later date either within or outside designated term time

General Contractual Matters

  1. Management: It is BiLD’s intention that these Terms and Conditions will always be operated so as to achieve a balance of fairness between the rights and needs of parents and pupils, and those of BiLD Community as a whole. BiLD aims to ensure that its culture, ethos and resources are properly managed so that BiLD, its services and facilities can develop. BiLD also aims to promote good order and discipline throughout its Community and to ensure compliance with the law.
  1. Legal Contract: The offer of a place, and its acceptance by the Parents, gives rise to a legally binding contract under the terms of these Terms and Conditions.
  1. Change: BiLD, as any other, is likely to undergo a number of changes during the time the child is a pupil. For example, there may be changes in the staff, in the facilities and their use, in the curriculum and the size and composition of classes, the disciplinary framework, and the length of terms.
  1. Consultation: It is not practicable to consult with parents and pupils over every change that may take place. Whenever practicable, however, parents will be consulted and given at least a term’s notice of a change of policy or a change in any aspect of BiLD which would have a significant effect on their child’s education or pastoral care.
  1. Data Protection: By signing the Acceptance Form, or by agreeing to be bound by these Terms and Conditions, the Parents on behalf of themselves and, so far as they are able, on behalf of the Pupil authorise BiLD to process personal information including financial and sensitive personal data, such as medical information, as is deemed necessary for the legitimate purposes of BiLD.
  1. Privacy Policy/Data Protection/Confidentiality: BiLD has a commitment to data protection and respects the privacy of all those affiliated with BiLD. Information collected from those enrolling onto a course will have their data used for administration monitoring, accounting, future planning, exam results publication, educational analysis, management analysis, marketing and PR in addition to other purposes deemed suitable for the good management and well-being of BiLD. Examples of such data includes age, gender etc. This may include more sensitive information with examples being race, religion etc.
  1. Representations: BiLD’s brochure, general publicity materials and website describe the broad principles on which BiLD is presently run and gives an indication of its history and ethos. Although believed correct at the time of publication, the brochure, general publicity materials and website are not part of any contract between the Parents and BiLD Parents wishing to place specific reliance on a matter contained in the brochure, general publicity materials or website, or a statement made by a member of staff or a pupil should seek written confirmation of that matter from the Founder before entering this contract.
  1. Disclaimer: BiLD will do their utmost to ensure that the website remains correct and up-to-date. BiLD however reserves the right to make any changes at any given time to online content, web pages, downloadable content and all other content owned by BiLD.
  1. Third Party Rights: Only BiLD and the Parents are parties to this contract. The Pupil is not a party to it. The acts and omissions of Parents are binding on the Pupil and vice versa as to any matter of behaviour, discipline and Fees. All requests and authorities by the Parents are treated as being made on behalf of the Pupil and vice versa.
  1. Severability: If any term or condition provided herein is invalid, illegal or incapable of being enforced by any order, rule of law, or public policy, all other terms and conditions shall nevertheless remain in full force and effect.
  1. Interpretation: Headings, unless required to make sense of the immediate context, are for ease of reading only and are not otherwise part of the Terms and Conditions. Examples given in these Terms and Conditions are by way of illustration only and are not exhaustive.

Data Protection Information Notes

  1. BiLD holds information about Parents and the Pupil including exam results, parent and guardian contact details and financial information, biometric information and details of medical conditions. This information is kept electronically on the BiLD’s information management system or manually in indexed filing systems.
  1. These notes refer to the “processing” of information. “Processing” is a catch-all term and means obtaining or recording information or carrying out any operation on the information such as storing or using the information or passing it on to third parties.
  1. BiLD may process different types of information about the Pupil. That information may include:
  1. Medical records and information, including details of any illnesses, allergies or other medical conditions suffered by the Pupil.
  2. Personal details such as home address, email address, date of birth and next of kin.
  3. Information concerning the Pupil’s performance at BiLD, including discipline record, reports and examination reports.
  4. Financial information including information about the payment of fees at BiLD.
  1. Where, in the professional opinion of the Founder it is deemed necessary, we may share information with certain third parties.
  1. If BiLD enters into a separate arrangement for the payment of fees, it may, in order to verify the identity of the Parent and so that it can assess and application for credit, search the files of any licensed credit reference agency who will keep a record of that search and details about an application.