Ozford College (CRICOS No.02427A)
Ozford English Language Centre (CRICOS No.02501G)
Ozford College of Business (CRICOS No.02573B) Terms & Conditions of Enrolment
Version 2.20 Unless otherwise defined in these Terms and Conditions the following terms shall have the following meanings:
“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.
“principal course” means the Student’s main course of study for which the Student has confirmation of enrolment and is the highest qualification if that Student is enrolled in a package program. In all other cases, “principal course” shall mean the Student’s sole course of study.
“package program” means a package of courses comprising of 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.
1. Terms of Payment
a) Upon acceptance by Ozford of the Student’s Application Form, the full Tuition Fee for all courses, full Overseas Student Health Scheme Cover and optional services such as airport reception and accommodation fees must be paid by the due date notified by Ozford. b) The Student agrees to pay the Tuition Fee and other charges for all courses according to the Payment Schedule printed on the Ozford Brochure or found at Ozford’s official website. The Student acknowledges and agrees that the Tuition Fees and charges may alter from time to time.
c) A late payment fee of AUD$50.00 per week is payable on accounts which remain unpaid for more than 30 days after the due date notified by Ozford.
d) Tuition Fees are not transferable to another Student.
e) Additional fee may incur if the Student wishes to re-enrol failed subject(s) or competency unit(s). 2. Refund Policy
Agreed starting day means, unless otherwise defined in these Terms and Conditions, the day of scheduled course commencement, or a later day agreed between Ozford and the Student such day being the commencement day in the original offer letter or the Student’s original confirmation of enrolment (“CoE”).
Default by Ozford means those instances where:
- the course does not start on the agreed starting day; or
- the course ceases to be provided at any time after it starts but before it is completed; or
- the course is not provided in full to the student because a sanction has been imposed on Ozford under the Education Services for Overseas Students Act 2000;
- and the Student has not withdrawn before the day of default.
Default by the Student, unless otherwise defined in these Terms and Conditions, shall mean those instances where:
- the course starts on the agreed starting day, but the Student does not start the course on that day (and has not previously withdrawn); or
- the Student withdraws from the course (either before or after the agreed starting day); or
- Ozford refuses to provide, or continue providing, the course to the Student because of one or more of the following events:
o the Student failed to pay an amount he or she was liable to pay Ozford, directly or indirectly (including any course money collected by education agents on behalf of the registered provider), in order to undertake the course;
o the Student breached a condition of his or her Student visa;
o misbehaviour by the Student.
Default day means the following: - the day on which the course does not start or the day a Student does not start the course (and has not previously withdrawn); or
- in the context of any other Default by Ozford as defined herein, the day on which the course ceased to be provided; or
- in the context of any other Default by the Student as defined herein, the day on which the student withdraws from the course; or
- the day on which Ozford refuses to provide, or continue providing, the course to the student due to the Student’s failure to pay Ozford an amount he or she was liable to pay, the Student breached a condition of his or her Student visa and/or misbehaviour by the Student.
a) (i) All cancellations of enrolment and applications for refunds must be made in writing and in accordance with Ozford’s prescribed enrolment cancellation request form and submitted to the Accounts Manager by Registered Mail, Courier or personal delivery as practicable. (ii) Application and enrolment fees are non-refundable under any circumstances. b) To the extent permitted by law, airport pick up, accommodation placement and any other service fees are non-refundable if cancellation of enrolment is:- (i) made less than 14 days prior to the course commencement dateagreed starting day; or (ii) at any time on or after the course commencement dateagreed starting day; or (iii) where the service for such fees has already been provided to the Student in whole or in part. c) Ozford will only refund the Tuition Fees (as defined in sub-clause (d)(iii) herein) as set out below:- In the case of | Refund amount | Visa refused | Full refund | Cancellation of enrolment more than 10 weeks prior to the agreed starting day | 20% of the Tuition Fee shall be retained by Ozford | Cancellation of enrolment between 4 to 10 weeks prior to the agreed starting day | 30% of the Tuition Fee shall be retained by Ozford | Cancellation of enrolment less than 4 weeks prior to the agreed starting day | No refund | Cancellation of enrolment after the agreed starting day (including but not limited to cancellation of Visa or cancellation of Confirmation of Enrolment by Ozford for poor attendance or academic performance or under clause 9(n) or (o) ) | No refund | Where the Student withdraws from a course or package program, the refunds in sub paragraph (c) above will be made within four weeks of the date of receipt by Ozford of the Student’s written notice advising of cancellation of enrolment. Any Commission paid to an agent in relation to the Student’s recruitment shall be deducted from the above refund.
d) For the purposes of sub paragraph (c) above the following conditions apply:-
(i) The date for cancellation of enrolment is the date that Ozford receives the Student’s written application for cancellation of enrolment.
(ii) Where a Student’s Visa is refused the Student must provide Ozford with Certified evidence that its application for a Student Visa has been refused.
(iii) “Tuition Fee” means each of the following as applicable:- - 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.
- 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.
- 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.
- 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.
- 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 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.
- 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 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.
(iv) Where a Student has enrolled in a package program then the agreed starting day is the commencement date of the first course in which the Student is enrolled.
(v) In the event that a Student has not paid his or her applicable tuition fee 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.
(vi) Except where a Student is enrolled in a package program with Ozford, if a Student
a) is provisionally enrolled in a single course with Ozford on condition of achieving evidence of
acceptable English language proficiency prior to commencement of that course; and
b) the Student cannot achieve the proficiency level required by Ozford; and
c) the Student cancels his or her enrolment not less than 4 weeks prior to commencement of the said course
all Tuition Fees and charges corresponding to the course will be refunded less a charge of AUD $300. In addition, if the Student was referred to Ozford by an agency, the sum paid to the agency will be non-refundable and deducted from the Tuition fees and charges to be refunded to the Student.
(vii) In the case of withdrawal of deferred enrolment(s), the agreed starting day is the original commencement date of the enrolment(s) before the deferral(s) for any refund purpose.
e) In the event that the Student is in default and Ozford subsequently defaults (thereby placing both parties in default) Ozford shall be under no obligation to remedy its default until the Student’s default is remedied.
f) Subject always to clause 2(e), where Ozford is in default then Ozford shall refund the total of the Tuition Fees Ozford received in respect of the Student (including any course money collected by education agents on behalf of the registered provider) prior to the default day, less the total of the prescribed amounts relating to expenses Ozford incurred for the student for the course prior to the default day, to the Student within 14 days after the default day as provided by the Education Services for Overseas Students Act 2000 and Education Services for Overseas Students Regulations 2001. g) In the unlikely event that Ozford is unable to deliver your course in full, you will be offered a refund of all the course money you have paid to date. The refund will be paid to you within 2 weeks of the day on which the course ceased being provided. Alternatively, you may be offered enrolment in an alternative course by Ozford at no extra cost to you. You have the right to choose whether you would prefer a full refund of course fees, or to accept a place in another course. If you choose placement in another course, we will ask you to sign a document to indicate that you accept the placement. If Ozford is unable to provide a refund or place you in an alternative course our Tuition Assurance Scheme (TAS) ACPET OSTAS will place you in a suitable alternative course at no extra cost to you. Finally, if ACPET OSTAS cannot place you in a suitable alternative course, the ESOS Assurance Fund Manager will attempt to place you in a suitable alternative course or, if this is not possible, you will be eligible for a refund as calculated by the Fund Manager. h) This agreement, and the availability of complaints and appeals processes, does not remove the right of the student to take action under Australia’s consumer protection laws. i) These Terms and Conditions do not circumscribe the Student’s right to pursue any other legal remedies. 3. Medical Treatment Ozford is hereby authorised to obtain medical treatment for the Student should such action be deemed necessary by Ozford or a staff member or any other person authorised by Ozford to do so acting on behalf of Ozford. By executing these Terms and Conditions the Student and/or the Student’s parents and guardians (as the case may be) agree to indemnify and hold harmless Ozford and its staff for any expense, loss, damage or liability of whatsoever nature or howsoever occasioned as a result of authorising and arranging such medical treatment. 4. Student Conduct The Student agrees to:- a) Use the Student’s best endeavours to meet the requirements of the course or courses in which the Student is enrolled from time to time; b) Abide by the rules, policies and code of conduct advised by Ozford from time to time; c) Under any circumstances, not engage in behaviour considered unacceptable by Ozford including but not limited to the following: (i) rudeness, aggressiveness, and disrespect to other Students and staff; (ii) causing any manner of disruption or interference to classes, study environments and the delivery of teaching by staff; (iii) Unless specifically an Ozford course requirement, the possession by the Student of any weaponry including but not limited to all manner of firearms, knives, dangerous devices and equipment which would be reasonably considered to endanger the safety of other Students and staff. d) Attend all scheduled classes in accordance with Ozford’s attendance policy except where there is a legitimate reason for non-attendance which is acceptable to Ozford; e) Comply with all of the Student’s Visa requirements including but not limited to attendance of at least 80% of classes and achievement of satisfactory academic results; f) Be responsible for the Student’s own books, equipment and personal items. The Student hereby releases, indemnifies and holds harmless Ozford against all liability and claims for any loss or damage to such items howsoever caused; g) Fully execute and comply with all components associated with each course. Non-compliance with any course component requirement may adversely affect the Student’s capacity to successfully complete the course and also adversely affect the Student's course results. For the removal of doubt, it is wholly the Student’s responsibility to ensure that all of the course components including practical components in each chosen course are compatible with the Student’s religious, philosophical or ideological beliefs and related behavioural constraints. h) Not transfer from Ozford prior to completing the first 6 months of the Student’s principal course of study except in restricted circumstances as outlined in Ozford’s “Documented Student Transfer Request Assessment Policy and Procedure” ("The Transfer Policy".) 5. Dispute Resolution and Grievance Procedures a) In the event of a dispute between a Student and Ozford the following procedures apply:- (i) Step 1 – The Student should communicate directly with the staff member involved or responsible for the matter of the complaint. If the Student does not wish to discuss the problem with the staff member directly involved, the Student should discuss the complaint with the Student Welfare Officer. If the problem is resolved the staff member (or Student Welfare Officer) will confirm the resolution action in writing. This resolution will be distributed to all parties involved in the complaint and the Principal. (ii) Step 2 – (a) If the Student’s grievance remains unresolved the Student may then lodge a formal complaint in writing, together with all relevant documentation, to the Principal for further action. (b) Within 10 days of receipt of the Student’s written complaint the Principal must confer with the parties in dispute and then within a reasonable time thereafter provide the parties with a written statement of the outcome, including details of the reasons for the outcome. (iii) Step 3 – If the grievance is not satisfactorily resolved then either party may request the involvement of an external review panel by contacting Australian Council for Private Education and Training on 1800 657 644 or (03) 9416 1355. Ozford will maintain a list of external authorities willing to provide this conciliatory service and will, at no extra cost, provide details of such authorities to the Student upon reasonable request. b) A written record will be kept of all actions taken in respect of a dispute or grievance. c) Throughout every stage of the abovementioned processes the Student has the right to be represented by a nominee of the Student or otherwise be assisted by a support person if the Student so chooses. d) For the duration of the entire dispute and grievance process outlined herein Ozford must maintain the Student’s enrolment. e) Any outcome in favour of the Student will be immediately implemented by Ozford and furthermore Ozford must take any relevant corrective and/or preventative action. 6. Personal Information For the purposes of this clause “Personal Information” includes, but is not limited to, personal and contact details, course enrolment details and changes, academic details and reports and the circumstances of any suspected breach by the Student of a Student Visa condition. a) The Student (and if the Student is under 18, the Student's Parent or Guardian) acknowledges and agrees that Personal Information of the Student may be made available by Ozford to: (i) Commonwealth and State Agencies, the Assurance Fund Manager of the Education Service for Overseas Students and, if applicable, the Tuition Assurance Scheme; (ii) The Student’s Recruiting Agent who may, in Ozford’s absolute discretion, also be provided with the Student’s academic and welfare information known to Ozford. b) Ozford may advise the Department of Immigration and Citizenship about certain changes to the Student’s enrolment, and any breach by the Student of a Student visa condition relating to attendance or satisfactory academic performance. c) The Student must inform Ozford of any changes of address and other personal contact details in writing within 5 working days of such change taking place. 7. Assistance and Welfare related services a) Ozford will facilitate access to services that assist the Student to meet course requirements and maintain attendance. b) Any welfare-related support services relating to issues that may arise during the Student’s study, such as course progress, attendance requirements and accommodation issues will be provided to the Student at no additional cost. Ozford will not charge the Student for any cost of referral to an external provider of such support services. 8. Satisfactory Course progress a) Where Ozford has assessed the Student as not achieving satisfactory course progress, Ozford will notify the Student in writing of its intention to notify the Secretary of the Department of Education Science and Training (“DEST”) through the Provider Registration and International Students Management System (“PRISMS”) of the Student not achieving satisfactory course progress. b) From receipt of such notice the Student has 20 working days within which to utilise the Dispute and Grievance procedures outlined at clause 5. . 9. General
b) This application is not valid unless signed and dated by the Student and at least one of the Student’s Parents or Guardian if the Student is less than 18 years of age.
c) The Student and, where applicable, the Parent or Guardian acknowledge that tuition and other fees and charges will vary from time to time.
d) The Parent or Guardian signing these Terms and Conditions agrees to be bound by these Terms and Conditions.
e) The Student and, where applicable, the Parent or Guardian acknowledge that failure to abide by these Terms and Conditions may lead to the Student’s enrolment being cancelled by Ozford and the Student may not be entitled to any refund of the tuition fees or other charges paid to Ozford.
f) The Student and, where applicable, the Parent or Guardian acknowledge that Ozford may not provide a letter of release allowing transfer to another registered provider within the first 6 months of the Student's principal course except in certain circumstances. Subject to Ozford approving a transfer in accordance with the Transfer Policy, Ozford will provide a letter of release where the Student has:
(i) provided a letter from another registered provider confirming that a valid enrolment offer has been made; and
(ii) where the Student is under 18:
a. Ozford has written confirmation that the Student's parent or legal guardian supports a transfer; and
b. where the Student is not being cared for in Australia by a parent or suitable nominated relative, the valid enrolment offer also confirms that the registered provider will accept the responsibility for approving the Student's accommodation, support and general welfare arrangements as per the National Code.
g) The Student and, where applicable, the Parent or Guardian acknowledge that Ozford may conduct professional development, curriculum days and report writing days for its staff and teachers on pre-determined dates throughout any school year. Students will be informed via various channels at the college in advance. The regular classes during those periods will become unavailable.
h) The Student and, where applicable, the Parent or Guardian warrant 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 provider other than Ozford.
i) 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”.
j) The Student and, where applicable, the Parent or Guardian acknowledge that the fees and other charges as quoted on the enrolment offer letter are indicative only and may change. Fees shall at all times be dependent upon further confirmation by Ozford and the signing of these Terms and Conditions.
k) The Student and, where applicable, the Parent or Guardian acknowledge having read and understood the Ozford Privacy Policy prior to signing these Terms and Conditions. The Ozford Privacy Policy can be found at Ozford’s website www.ozford.edu.au or via email request at enquiries@ozford.edu.au.
l) The Student and, where applicable, the Parent or Guardian acknowledge and agree that any course in which the Student is enrolled is individual to the Student and such course may incorporate enrolment requirements which are distinct from other similar or same past, present or future courses at Ozford in which other Students are enrolled.
m) The Student and, where applicable, the Parent or Guardian acknowledge that computers and Internet access at Ozford are provided to the Students for research, academic and Ozford-related administrative purposes only and the student shall only use such Internet access for a time considered reasonable by Ozford and as communicated to the Student from time to time. The Student shall be held solely accountable and liable to Ozford or any third party for unauthorised computer usage and Ozford will not be held liable in any way for any Internet content and material accessed or downloaded by the Student via the Ozford computer network.
n) The Student and, where applicable, the Parent or Guardian acknowledge that the Student must commence the course on the Agreed starting day. If the student does not attend, report to or otherwise communicate with Ozford within two (2) weeks after the Agreed starting day, then Ozford may, at any time thereafter cancel the student’s CoE.
o) Where the Student is unable to commence the Student’s course due to reasons beyond the Student’s control and his or her course has not been cancelled by Ozford pursuant to clause 9(n), the Student and, where applicable, the Parent or Guardian must immediately provide the following to Ozford in writing:
(i) detailed reasons for the Student’s failure to commence; and
(ii) a proposal for alternative arrangements regarding the Student’s enrolment. Ozford, in its absolute discretion, reserves the right to accept or reject any such proposal and cancel the Student's CoE accordingly.
p) The Student and, where applicable, the Parent or Guardian acknowledge that Ozford may, in Ozford’s absolute discretion and without notice to the Student, at any time:
a. change Ozford’s fees and conditions, cancel or defer courses, alter course timetables and class locations and alter or otherwise modify course structure;
b. change, update or otherwise modify published course subjects and units and related publications
and the Student and where applicable, the Parent or Guardian, agree and acknowledge that they will not make any claim against Ozford for any loss or damage of whatsoever nature sustained by the Student arising under this clause and they agree that Ozford shall not be held responsible in any way and/or be under any resultant liability of whatsoever nature to the Student, and where applicable the Parent or Guardian, to the extent permitted by law.
q) The Student and, where applicable, the Parent or Guardian acknowledge and agree that Ozford, in its absolute discretion, may withhold the Student’s academic report(s) and/or award certificate(s) if the Student fails to meet any of terms and conditions in this agreement.
r) Ozford reserves the right to exclude the student from school premises if he/she is deemed to be a thread to the school and other students health and safety.
s) By signing this declaration, the Student and, where applicable, the Parent or Guardian agree that Ozford, its officers, teachers, employees, representatives and agents shall not be held responsible and/or be under any liability as far as permitted by the laws of Australia and/or will not make any claim against them for the Student’s death, bodily injury, disability, loss, damages and/or property damage which may be sustained by the Student and/or which may be caused by the Student in connection with or during the period of the Student’s attendance at any premises owned, leased, operated or controlled by Ozford, the Student attending activities and/or excursions and/or in any accommodation arranged for the Student.
I/We certify that the information provided on this form is true and correct, and I/we agree to abide by the terms and conditions of enrolment, including the refund policy, which I/we have read and understood. |