Terms and Conditions of Enrolment

Ozford College (CRICOS No.02427A)

Ozford English Language Centre (CRICOS No.02501G)

Ozford College of Business (CRICOS No.02573B)

Terms & Conditions of Enrolment

Version 3.2

1. Definitions

Unless otherwise defined in these Terms and Conditions the following terms shall have the following meanings:

Agreed Starting Day means the day on which the course was scheduled to start, or a later day agreed between Ozford for the course and the Student.

Default Day means:

(a) the Agreed Starting Day, if clause 3.1(a) or 3.2(a) applies;

(b) the day on which the course ceased to be provided, if clause 3.1(b) or 3.1(c) applies;

(d) the day on which Ozford refuses to provide, or continue to provide, the course to the student, if clause 3.2(c) applies.

Original Starting Day means the day on which the course was scheduled to start, or a later day agreed between Ozford and the Student and does not refer to any agreed starting day following a deferment period.

Ozford means Ozford English Language Centre Pty Ltd trading as Ozford English Language Centre, Ozford College Pty Ltd trading as Ozford College and/or Ozford Business College Pty Ltd trading as Ozford College of Business as the context requires pursuant to the Student’s Application Form.

Personal Information means any personal details, contact details, course enrolment details, academic details, reports and the circumstances of any suspected breach by the Student of a visa condition.

Package Program means a package of courses comprising more than one course, all of which are offered by Ozford and in which the Student is enrolled in accordance with Ozford’s enrolment requirements as notified to Students by Ozford from time to time.

Principal Course means the Student’s main course of study for which the Student has confirmation of enrolment (CoE) and is the highest qualification if that Student is enrolled in a Package Program. In all other cases, Principal Course means the Student’s sole course of study.

Tuition Fee has the meaning given to that term in accordance with clause 3.9.

2. Terms of Payment

(a) Upon acceptance by Ozford of the Student’s Application Form, the Student must pay the following fees (where applicable) by the due date nominated by Ozford:

(i) the full Tuition Fees for all courses;

(ii) full Overseas Student Health Scheme Cover fees;

(iii) airport reception fees; and

(iv) accommodation fees.

(b) The Student agrees to pay the Tuition Fee and other fees for all its courses according to the payment schedule described in the Ozford brochure or on Ozford’s official website www.ozford.edu.au.

(d) A late payment fee of AUD$50.00 per week is payable on accounts which remain unpaid after the due date notified by Ozford.

(e) Tuition Fees are not transferable to another Student.

(f) Additional fee(s) may be incurred if the Student wishes:

(i) to re-enrol in failed subject(s) or competency unit(s); or

(ii) to defer the Original Starting Date

(g) In the event that a Student seeks to re-enrol in failed subjects or competency units in a VET (Ozford College of Business) Program, Ozford may charge additional fees as described in item 2(f)(i) above in the amount of $500 per unit.

(h) Ozford will not issue a certificate or statement of attainment until the Tuition Fees are paid in full.

3. Refund Policy

3.1 Default by Ozford

Ozford is in default if the Student has not withdrawn before the Default Day and:

(a) the course does not start on the Agreed Starting Day;

(b) the course ceases to be provided at any time after it starts but before it is completed; or

(c) the course is not provided in full to the student because a sanction has been imposed on Ozford under Part 6 of the Education Services for Overseas Students Act 200 (Cth),

3.2 Default by the Student

The Student is in default if:

(a) the course starts on the Agreed Starting Day, but the student does not start the course on that day (and has not previously validly withdrawn);

(b) the Student withdraws from the course (either before or after the agreed starting day); or

(c) Ozford refuses to provide, or continue providing, the course to the Student because of one or more of the following events:

(i) the Student failed to pay an amount he or she was liable to pay to Ozford, directly or indirectly, in order to undertake the course;

(ii) the Student breached a condition of his or her student visa; or

(iii) misbehaviour by the Student.

3.3 Cancelation and Refund Request Form

(a) In the event of a default by Ozford or a default by the Student, the Student may complete Ozford's prescribed enrolment cancelation and refund request form (Cancelation and Refund Request Form) and lodge it with the Ozford Accounts Manager by registered mail, courier or personal delivery.

(b) Ozford reserves the right to refuse any Cancelation and Refund Request Form lodged with the Ozford Accounts Manager more than 3 months after the Original Starting Date for a course and/or Package Program.

(c) Students are entitled to a formal statement of attainment on withdrawal, cancelation or transfer, at no additional cost, prior to completing their qualification if the Student has fully paid all Tuition Fees related to the units to be included on that statement of attainment.

(d) The date for cancellation of enrolment is the date that Ozford receives the Student’s Cancelation and Refund Request Form.

3.4 Non-refundable fees

(a) Application fees and enrolment fees are non-refundable.

(b) To the fullest extent permitted by law, airport pick up fees, accommodation placement fees and all other service fees are non-refundable where the Cancelation and Refund Request Form is lodged:

(i) less than 14 days prior to the Agreed Starting Day;

(ii) on or after the Agreed Starting Day;

(iii) after the provision of the service for such fees has already been provided to the Student in whole or in part; or

(iv) in the case of a Student who has enrolled in a Package Program, after the provision of the service for such fees has already been provided to the Student in whole or in part in respect of the first course.

3.5 Refund due to student visa refusal

Within 4 weeks after the Default Day in the event of a default by the Student, Ozford will pay to the Student the total of the course money Ozford received in respect of the Student before the Default Day less a portion of the course money to cover any administration expenses incurred by Ozford and any part of the course completed by the Student before the Default Day if:

(a) the Student is in default;

(b) the Student was refused a student visa;

(c) the Student provides Ozford with certified evidence that his or her application for a student visa has been refused; and

(d) the refusal was the reason for one or more of the following acts or omissions by the Student that directly or indirectly caused the default by the Student:

(i) the Student's failure to start the course on the Agreed Starting Day;

(ii) the Student's withdrawal from the course; or

(iii) the Student's failure to pay an amount he or she was liable to pay to Ozford, directly or indirectly, in order to undertake the course.

3.6 Refund due to a default by Ozford

Subject to clause 3.7, in the unlikely event that Ozford is unable to deliver the Student's course in full if:

(a) Ozford is in default in accordance with clause 3.1; and

(b) the Student is not in default in accordance with clause 3.2,

The Student will be offered a refund of all the course money has been paid to date. The refund will be paid to the Student within 2 weeks of the day on which the course ceased being provided. Alternatively, The Student may be offered enrolment in an alternative course by Ozford at no extra cost to the Student. The Student has the right to choose whether to prefer a full refund of course fees, or to accept a place in another course. If the Student choose placement in another course, The Student will be asked to sign a document to indicate the acceptance the placement.

3.7 Refund due to a default by the Student

(a) Tuition Fees are refundable in accordance with the table below:

Cancelation and Refund Request Form

Portion of Tuition Refund Permitted

Visa refused

Full refund

Cancelation and Refund Request Form received more than 10 weeks prior to the Original Starting Day

20% of the Tuition Fee shall be retained by Ozford

Cancelation and Refund Request Form received between 4 to 10 weeks prior to the Original Starting Day

30% of the Tuition Fee shall be retained by Ozford

Cancelation and Refund Request Form received less than 28 days prior to the Original Starting Day

No refund

Cancelation and Refund Request Form received after the Original Starting Day (including but not limited to cancellation of visa or cancellation of CoE by Ozford for poor attendance, unsatisfactory academic performance or any other failure by the Student to satisfy reason described in the terms and conditions of enrolment

No refund

Cancelation of one or more courses the subject of a Package Program after commencement of the first course (unless the cancelation is as a result of a Student who has been refused a student visa)

No refund or partial refund at Ozford's sole discretion in the event of Ozford's default

(b) Ozford is not obliged to provide a refund to a Student in the following circumstances:

(i) the Student suffers financial distress and/or illness;

(ii) a Student's family member suffers financial disress and/or illness;

(iii) subject to 3.7(a), the Student defers its Original Starting Date;

(iv) subject to 3.7(a), the Student enrols in a Package Program.

(c) For the avoidance of doubt, where a Student enrols in a Package Program and the first course has commenced, the Student will not be entitled to a refund of the second course (or any other course that is the subject of the Package Program and which commences subsequent to the first course).

3.8 Refund due to Student's English language proficiency failure

Ozford will refund the Student's Tuition Fees and other charges less a fee of AUD$300 and an amount for administrative expenses (including referral fees) incurred by Ozford on behalf of the Student, where a Student (excluding students enrolled in a Package Program):

(a) is provisionally enrolled in a course with Ozford, subject of achieving evidence of acceptable English language proficiency prior to commencement of that course;

(b) fails to achieve that acceptable English language proficiency as determined by Ozford (in its sole discretion); and

3.9 Tuition Fee

Tuition Fee means each of the following as applicable:

(a) In the case of a Student’s enrolment relating only to Ozford College: the total amount of tuition fees payable for the first year of the course.

(b) In the case of a Student’s enrolment relating only to Ozford English Language Centre: the total amount of tuition fees payable for the entire course.

(c) In the case of a Student’s enrolment relating only to Ozford College of Business and where the enrolment is for a course which has a duration of less than one year: the total amount of tuition fees payable for the entire course.

(d) In the case of a Student’s enrolment relating only to Ozford College of Business and where the enrolment is for a course which has a duration of one year or more: the total amount of tuition fees payable for the first year of the course.

(e) In the case of a Student’s enrolment relating to a Package Program (that is, more than one course and where the first course is with the Ozford English Language Centre) and the duration of the second course is less than one year: the total amount of the tuition fees payable for the entire duration of the course with Ozford English Language Centre and the total amount of the tuition fees payable for the second course.

(f) In the case of a Student’s enrolment relating to a Package Program (that is, more than one course and where the first course is with the Ozford English Language Centre) and the duration of the second course is one year or more: the total amount of the tuition fees payable for the entire duration of the course with Ozford English Language Centre and the total amount of the tuition fees payable for the first year of the second course.

3.10 Alternatives to refund by Ozford

(a) Ozford may arrange an alternative course:

(i) In the event that Ozford is in default, in accordance with the definition in clause 3.1, Ozford may arrange for the Student to be offered a place in an alternative course at no extra cost to the Student.

(ii) Ozford will not be liable to provide the Student a refund if the Student accepts the offer in clause 3.10(a)(i) in writing.

(b) Tuition Assurance Scheme (TAS) may arrange a suitable alternative course:

(i) As an alternative to the arrangement described in clause 3.10(a), the TAS ACPET OSTAS may arrange for the Student to be promptly offered a place in a suitable alternative course.

(ii) Ozford will not be liable to provide the Student a refund if the Student accepts the offer in clause 3.10(b)(i) in writing.

(iii) If ACPET OSTAS fails to place the Student in a suitable alternative course, the ESOS Assurance Fund Manager will attempt to place the Student in a suitable alternative course or, if this is not possible, the Student will be eligible for a refund to be determined by the Fund Manager.

3.11 Monies to be retained by Ozford

(a) Ozford is entitled to deduct an amount for administrative expenses (including any referral fees) incurred by Ozford on behalf of the Student from any refund of Tuition Fees and other amounts paid to the Student.

(b) In the event that the Student has not yet paid to Ozford his or her Tuition Fees, the amount Ozford may retain shall be a debt that is due and payable by the Student together with any expenses, costs or disbursements incurred by Ozford in recovering outstanding monies, including but not limited to debt collection agency fees and legal costs.

4. Medical Treatment

By executing these Terms and Conditions, the Student (and his or her parent or guardians where the Student is less than 18 years of age);

(a) authorise Ozford to obtain medical treatment for the Student where it is deemed necessary by Ozford, a staff member or any other person authorised to act on behalf of Ozford;

(b) agree to indemnify and hold Ozford and its staff harmless for any expense, loss, damage or liability of whatsoever nature or howsoever occasioned as a result of authorising and arranging such medical treatment;

(d) acknowledges Ozford's right to remove the Student from the school premises and refuse the Student re-entry to the school premises until the Student provides satisfactory medical evidence (such as a medical certificate) certifying the Student is not longer contagious or a threat to Ozford, the staff, the students or any other person.

5. Student Conduct

The Student acknowledges and agrees:-

(a) to use his or her best endeavours to meet any requirements of his or her enrolled course(s);

(b) to comply with the rules, policies and applicable code of conduct as advised by Ozford from time to time;

(i) rudeness, aggressiveness, and disrespect to Ozford's students and members of staff;

(ii) causing any disruption or interference to classes, study environments and the delivery of teaching by members of staff; and

(iii) possession of any weaponry including any firearms, knives, dangerous devices and equipment which are reasonably considered to endanger the safety of Ozford's students and members of staff (unless such possession is an Ozford course requirement);

(d) to attend all scheduled classes in accordance with Ozford’s attendance policy except where the Student provides a legitimate reason for non-attendance which is accepted by Ozford;

(e) to comply with all of his or her visa requirements including, but not limited to, the Student's obligation to:

(i) attend of at least 80% of its enrolled course classes; and

(ii) achieve satisfactory academic results;

(f) to take full responsibility for his or her books, equipment and other personal items and agrees to release, indemnify and hold Ozford harmless against any and all liability and claims which may arise for any loss or damage to such items howsoever caused;

(g) that it is his or her responsibility to:

(i) comply with all enrolled course requirements including practical components; and

(ii) to ensure that each enrolled course requirement, including practical components, is compatible with the Student’s religious, philosophical or ideological beliefs and related behavioural constraints;

(h) that a failure to comply with his or her enrolled course requirements may:

(i) adversely affect his or her ability to successfully complete the course; and

(ii) adversely affect his or her enrolled course results; and

(i) subject to the terms described in the Ozford documented student transfer request assessment policy and procedure (the Transfer Policy), that he or she is prohibited from transferring from Ozford to another education provider prior to the completion of the initial 6 months of the Student’s Principal Course.

6. Dispute Resolution and Grievance Procedures

(a) If any dispute arises between Ozford and the Student relating to the rights and obligations arising out of these Terms and Conditions, the Student must adopt the following dispute resolution procedure:

(i) Step 1 – Complaint to Ozford members of staff or Student Welfare Officers

The Student must communicate directly with the Ozford member of staff involved or responsible for the dispute or grievance or the Student Welfare Officer. If the dispute or grievance is successfully resolved, the Ozford member of staff or Student Welfare Officer involved will record the resolution in writing. A copy of the written resolution will be distributed to all parties involved in the dispute or grievance and the Principal.

(ii) Step 2 –Complaint to Principal

If the Ozford member of staff or Student Welfare Officer in Step 1 fails to resolve the Student’s dispute or grievance, the Student may lodge a formal written complaint (including all supporting documentation) to the Principal. The Principal will meet with the Student and relevant Ozford member of staff within 10 days of receiving the Student's formal written complaint. The Principal will provide the Student and relevant Ozford member of staff with a written statement in response to the dispute, including details of the reasoning behind the Principal's resolution, in a reasonable time.

(iii) Step 3 –Complaint to the Australian Council for Private Education and Training (ACPET)

If the Principal fails to satisfactorily resolve the Student’s dispute or grievance satisfactorily, either party may request the involvement of an external review panel by contacting the ACPET on 1800 657 644 or (03) 9416 1355. Ozford will maintain a list of external authorities willing to provide this conciliatory service and will provide details of such authorities to the Student upon reasonable request, at no additional cost.

(b) Ozford will keep a complete written record of all disputes or grievance actions taken by a Student.

(c) The Student has the right but not the obligations to be represented by a nominee or otherwise be assisted by a support person throughout the dispute resolution process.

(d) Ozford must maintain the Student’s enrolment throughout the dispute resolution process.

(e) The dispute resolution resulting from the procedure outlined above must be immediately implemented by Ozford.

(f) Ozford will take the appropriate corrective and/or preventative action to ensure that such a dispute will not occur again (where appropriate).

7. Personal Information

(a) In this clause, any reference to the Student is a reference to both the Student and his or her parent or guardian where the Student is less than 18 years of age.

(b) The Student acknowledges and agrees that Ozford may provide the Student's Personal Information to:

(i) the Commonwealth and State agencies, the ESOS Assurance Fund Manager and the Tuition Assurance Scheme (where applicable); and

(ii) the Student’s Recruiting Agent who may, in Ozford’s absolute discretion, also be provided with the Student’s welfare information as known by Ozford.

(c) Ozford may advise the Department of Immigration and Citizenship about certain changes to the Student’s enrolment, and any breach by the Student of any student visa condition relating to attendance or satisfactory academic performance.

(d) The Student must inform Ozford of any changes to its Personal Information in writing within 5 working days of such a change taking place.

8. Assistance and Welfare related services

(a) Ozford will provide or facilitate access to services that assist the students in meeting their course requirements, complying with their attendance obligations and solving their accommodation issues (Support Services).

(b) Ozford will provide these Support Services at no additional cost to the Students and will not charge the Students for any referral costs incurred by Ozford in the event that an external provider is required for the provision of these Support Services.

9. Satisfactory Course progress

(a) Where Ozford determines that the Student has failed to achieve satisfactory course progress, Ozford will notify the Student in writing of its intention to inform the Secretary of the Department of Education, Employment and Workplace Relations of such failure.

(b) The Student has 20 working days, commencing on the date of the notice described in clause 9(a), to engage the Dispute and Grievance procedures outlined in clause 6.

10. Letter of release

Subject to the Transfer Policy, Ozford:

(a) reserves its right to refuse to provide to the Student a letter of release permitting a transfer to another registered education provider within the first 6 months of the Student's Principal Course;

11. General

In this clause, any reference to the Student is a reference to both the Student and his or her parent or guardian where the Student is less than 18 years of age.

(a) The Student acknowledges and agrees:

(i) that the Student may be required to attend excursions and participate in activities as part of his or her enrolled coursework;

(ii) that the Student is permitted to attend relevant excursions and participate in appropriate activities;

(iii) that the Student's course requirements may vary from any past, present or similar courses offered to Students at Ozford in which other Students are enrolled;

(iv) not to make any claim against Ozford for any loss or damage of whatsoever nature sustained by the Student in the event that Ozford exercises its right to:

(A) vary Ozford’s fees and conditions, cancel or defer courses, change course timetables, amend class locations and alter or otherwise modify course structure; and

(B) change, update or otherwise modify published course subjects and units and related publications;

(v) that the fees and other charges quoted are indicative only and at all times shall be subject to final confirmation by Ozford and the signing of these Terms and Conditions;

(vi) that this application is not valid unless signed and dated by the Student;

(vii) that tuition and other fees and charges will vary from time to time;

(viii) to be bound by these Terms and Conditions;

(ix) that a failure to comply with these Terms and Conditions may result in the cancellation of the Student’s enrolment and forfeiture of Tuition Fees or other charges paid by the Student to Ozford; and

(x) that Ozford, in its absolute discretion, may withhold the Student’s academic report(s), award(s) or certificate(s) if the Student fails to comply with these Terms and Conditions;

(xi) Weekly course hours for all courses which offered by Ozford English Language Centre is 20 hours per week.

((b) Ozford may conduct professional development, curriculum days and report writing days for its staff and teachers on pre-determined dates throughout any school year. Ozford will inform its Students of these days in advance as regular classes during those periods will be suspended;

(c) The Student warrants that, as at the date of signing these Terms and Conditions, the Student is not in the first 6 months of commencing his or her Principal Course with a registered education provider other than Ozford;

(d) The Ozford Privacy Policy is available to download from Ozford’s website www.ozford.edu.au or via email request at enquiries@ozford.edu.au;

(e) The Student acknowledges that computers and internet access at Ozford are made available to the Student for research, academic and Ozford-related administrative purposes only. Students are permitted to use the Internet for a reasonable time as determined by Ozford and communicated to the students from time to time. Students will be solely accountable to Ozford or any third party for any unauthorised computer usage. Ozford will not be liable for any content and material accessed or downloaded by the Student through the Ozford computer network;

(f) The Student acknowledges that the Student must commence his or her enrolled course(s) on the Agreed Starting Day. If the student fails to attend, report to or otherwise communicate with Ozford within 2 weeks of his or her the Agreed Starting Day, then Ozford may cancel the student’s CoE;

(g) Where the Student is unable to commence his or her course for reasons beyond his or her control and his or her course has not been cancelled by Ozford pursuant to clause 9(f), the Student must provide to Ozford in writing:

(i) the detailed reason for the Student’s failure to commence; and

(ii) a proposal for alternative arrangements regarding the Student’s enrolment,

where, Ozford reserves the right to accept or reject any such proposal and cancel the Student's CoE accordingly;

(h) Ozford reserves the right to exclude the Student from the school premises if he or she is deemed to be a threat to Ozford or its students;

(i) By signing this document, the Student agrees that Ozford, its officers, teachers, employees, representatives and agents shall not be held responsible and/or be deemed liable for the Student’s death, bodily injury, disability, loss, damages and/or property damage suffered by the Student in connection with or during the Student’s enrolment at Ozford;

(j) To the extent permitted by law, Ozford reserves the right to refuse or cancel the Student’s enrolment in any course or courses of study in accordance with Ozford’s Refusal, Deferral, Suspension and/or Cancellation of Enrolment Policy; and

(k) The Student acknowledges that that he or she has read and understood the Ozford Privacy Policy prior to signing these Terms and Conditions.