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;
(c) the day on which the student withdraws from the course, if clause 3.2(b) applies; or
(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 Business College Pty Ltd trading as Ozford College of Business, Ozford English Language Centre Pty Ltd trading as Ozford English Language Centre and/or Ozford College Pty Ltd trading as Ozford College 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 an enrolment condition.
Tuition Fee has the meaning given to that term in accordance with clause 3.7.
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) enrolment /application fees;
(iii) other relevant service fees.
(b) The Student agrees to pay the Tuition Fee and other fees for all its courses according to the payment schedule described on Ozford’s official website www.ozford.edu.au.
(c) Ozford may vary the Tuition Fees and any other fees from time to time.
(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) will 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.
3.2 Default by 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 (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) 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 Form lodged with the Ozford Accounts Manager more than 3 months after the Original Starting Date for a course. The student is not entitled to a refund on or after the Agreed Starting Day.
(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, 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
3.5 Refund due to a default by Ozford
Subject to clause 3.6, in the unlikely event that Ozford is unable to deliver the Student’s course in fullif:
(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.
3.6 Refund due to a default by the Student (Only applicable to full fee paying student)
(a) Tuition Fees are refundable in accordance with the table below:
Cancelation and Refund Form
|Position os Tuition Refund Permitted|
|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 due to 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|
Portion of Tuition Refund Permitted
(b) Ozford is not obliged to but at its discretion may 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 distress and/or illness;
iii) subject to 3.6(a), the Student defers its Original Starting Date;
3.7 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 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.
(b) 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.
(c) 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.
(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.
3.8 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 3.8(a)(i) in writing.
(b) The Australian Student Tuition Assurance Scheme (ASTAS) may arrange a suitable alternative course:
(i) As an alternative to the arrangement described in clause 3.8(a), the ACPET ASTAS 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 3.8(b)(i) in writing.
3.9 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.
(c) The terms of this refund policy do not alter the Student’s right to pursue any other legal action.
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;
(c) agree to immediately notify Ozford if the Student contracts a contagious disease of any kind; and
(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;
(c) to refrain from any behaviour considered unacceptable by Ozford including, but not limited to, the following:
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 enrolment conditions 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
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.
ii) Step 2 –Complaint to the Head of Student Services or Academic Director
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) at no cost to the Head of Student Services or Academic Director. The Head of Student Services or Academic Director will meet with the Student and relevant Ozford member of staff within 10 days of receiving the Student’s formal written complaint. The Head of Student Services or Academic Director 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 resolution, in a reasonable time.
iii) Step 3 –Complaint to the Australian Council for Private Education and Training (ACPET)
If Ozford fails to resolve the Student’s dispute or grievance satisfactorily, either party may request the involvement of an independent external review panel by contacting the ACPET on 1800 657 644 or (03) 9412 5900. 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 obligation to be represented by a nominee or otherwise be assisted by a support person throughout the dispute resolution process.
(d) Ozford will maintain the Student’s enrolment throughout the dispute resolution process.
(e) The dispute resolution resulting from the procedure outlined above will 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, and the Tuition Assurance Scheme (where applicable); and
(c) The Student must inform Ozford of any changes to its Personal Information in writing within 5 working days of such a change taking place, such as change of address.
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 welfare 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 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.
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) to receive an NCVER survey and/or an invitation to participate in a government Department endorsed project and/or being contacted by the Commission (or persons authorised by the Commission from Department of Education and Early Childhood Development) for audit purposes;
iv) 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;
v) 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;
vi) 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;
vii) that this application is not valid unless signed and dated by the Student;
viii) that tuition and other fees and charges will vary from time to time;
ix) to be bound by these Terms and Conditions;
x) 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
xi) 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;
(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;
(d) 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;
(e) 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 enrolment;
(f) 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 3.1 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 enrolment accordingly;
(g) 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;
(h) 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;
(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;
(k) The Student acknowledges that he or she has read, understood and agree to abide by the policies and procedures published on Ozford website www.ozford.edu.au prior to signing these Terms and Conditions.