Terms And Conditions
In these terms and conditions
acceptance form means the form provided by the school for parents to complete when accepting a place for their child at the school;
fees means the fees set out in the schedule of fees as amended from time to time;
school’s code of conduct means expected behavior when at the school, a copy of the current version of which is given to each child on entry and is sent to parents with the letter offering a place at the school, as those rules may be amended from time to time for legal, safety or other substantive reasons in order to assist the proper administration of the school;
a term’s notice means written notice not later than the first day of the term preceding the term to which the notices relates;
terms and conditions means these terms and conditions which may be amended from time to time;
we or the school means the legal entity carrying on as the school as identified in clause 1(b) below, or its duly authorised representative, as the context requires; and
you or the parents means each person who has signed the acceptance form as parent or guardian of a child or a person who with the school’s written consent replaces a person who has signed the acceptance form.
The acceptance form, the schedule of fees, the school’s code of conduct, the complaints procedure and these terms and conditions form the terms of a contract between you and Bangor Independent School.
It is not intended that the terms of the contract shall be enforceable by your child or by any other third party.
Acceptance and Registration Fee
(a) An offer of a place for your child at the school is accepted by your submitting the duly completed acceptance form and paying the non-refundable registration fee of £50.
(b) If you wish to withdraw your acceptance of a place after submitting the acceptance form and paying the non-refundable registration fee but before your child starts at the school you shall give written notice to that effect prior to the first day of the term immediately preceding the term in which your child was due to start. If such notice is received by the school by that time no further fees will be payable. Subject to the remainder of this clause 2(b), if such notice is received on or after that date, a term’s fees shall be payable and shall become due and owing to the school as a debt. The term’s fees shall be charged at the rate applicable for the term immediately preceding the term when your child was due to start.
(a) All the costs incurred in the usual course of the education by the school of your child, including the provision of any necessary educational materials and as outlined in the schedule of fees, shall be met by the fees unless otherwise notified by the school.
(b) Any extra-curricular activities such as trips and visits in which you agree in advance your child may participate shall be deemed to be supplemental to items met by the fees and charged for accordingly.
(c) Each person who has signed the acceptance form is liable for the whole of the fees due and any supplemental charges. The persons who have signed the acceptance form remain liable to the school for the whole of the fees and supplemental charges due, unless the school has expressly agreed in writing with the persons who have signed the acceptance form to look exclusively to any other person for payment of the fees or any part of them.
Where two parents have signed the acceptance form, one of them may withdraw from the contract with the school by submitting a term’s notice provided they have obtained the prior written consent of both the school and the remaining parent.
(d) School fees must be paid by bank transfer only. Cash and cheques are not accepted unless prior agreement has been made with the school manager. This agreement will only occur in exceptional circumstances.
(e) We reserve the right to refuse to allow your child to attend the school or to withhold any references while fees remain unpaid or there is a persistent default in relation to supplemental charges. We may make an interest charge of 3% above the base rate for the time being of the school’s bank on late payment. You consent to our informing any other school or educational establishment to which you propose to send your child of any outstanding fees.
(f) The fees will be reviewed from time to time (usually annually) and may be increased by such amount as the school considers reasonable.
(g) Fees and any prepaid supplemental charges will not normally be reduced as a result of absence due to illness, holiday or otherwise.
(h) When joining the school as a new pupil, fees are due before the child’s first day (to be arranged through the school manager).
If a child joins the school at any one time of a given month, a full month’s fees are charged.
If paying by monthly instalments, fees are due on the 1st of every month.
The school may at its discretion exclude a pupil for non-payment of fees after the due date and may impose an administration charge if fees are not paid by the due date without agreement.
(a) If you wish to withdraw your child from the school (other than at the normal leaving date), you shall either give a term’s written notice to that effect or shall pay to the school a term’s fees in lieu of notice, at such rate as would have been charged for the final term of provision if a term’s notice has been given.
(b) The school will provide you with written acknowledgement of receipt of notice.
(c) In cases under (a) above, where notice is not given, the appropriate sum in lieu of notice will become due and owing to the school as a debt on the first day of the term which would have been the final term of provision if a term’s notice has been given.
(d) The school’s affairs are organised on a termly basis and it is not possible for you to reduce the amount of fees due or to obtain a refund of fees by withdrawing your child part-way through a term.
School Code of Conduct
(a) It is a condition of remaining at the school that your child complies with the school’s code of conduct as amended from time to time. In particular, you undertake to ensure that your child attends school punctually and conforms to the school’s code of conduct.
(b) The school reserves the right, subject to applicable data protection legislation, to monitor your child’s internet use for the purpose of ensuring compliance with the school rules.
(a) The headteacher may in his discretion require you to remove or may suspend or, in serious or persistent cases, expel your child from the school if he considers that your child’s attendance, progress or behaviour is unsatisfactory and in the reasonable opinion of the headteacher the removal is in the school’s best interests or those of your child or other children.
(b) The headteacher may in his discretion require you to remove or may suspend or, in serious or persistent cases, expel your child if the behaviour of you or either of you is, in the opinion of the headteacher, unreasonable and affects or is likely to affect adversely the child’s or other children’s progress at the school or the well-being of school staff or to bring the school into disrepute.
(c) Should the headteacher exercise his right under (a) or (b) above you will not be entitled to any refund or remission of fees or supplemental charges due (whether paid or payable). However, in such circumstances fees in lieu of notice will not be payable and any prepaid fees will be refunded.
(d) The school’s code of conduct is not exhaustive, and in particular the headteacher may decide that suspension or expulsion for a lesser offence is justified where there has been previous misbehaviour. All aspects of the pupil’s record at the school may be taken into account.
(e) The school will act in a way which is fair in all the circumstances when taking decisions under this clause 6. The review of disciplinary matters is governed by the complaints procedure.
The school’s obligations
(a) Subject to these terms and conditions, the school undertakes to accept your child as a pupil of the school from the time of joining the school until the end of his or her primary schooling (the end of Year 6).
(b) While your child remains a pupil of the school, we undertake to exercise reasonable skill and care in respect of his or her education and welfare. This obligation will apply during school hours and at other times when your child is permitted to be on school premises or is participating in activities organised by the school.
(c) In order to fulfil our obligations, we need your co-operation, including in particular by: fulfilling your own obligations under these terms and conditions; encouraging your child in his or her studies, and giving appropriate support at home, keeping the school informed of matters which affect your child, maintaining a courteous and constructive relationship with school staff, providing co-operation and assistance to the school to ensure (so far as reasonable and in appropriate and/or necessary circumstances) that your child can participate and benefit from the school’s provision of education to your child in accordance with the terms of this agreement.
(d) In accordance with the law, we will not subject your child to corporate punishment. We will not subject your child to physical contact except where such contact may be deemed appropriate in order to avert an immediate danger of personal injury to, or an immediate danger to the property of a person (including your child). Unless you notify us to the contrary, you consent to your child participating, under proper supervision, in contact sports and in other normal sports and activities which may entail some risk of physical injury.
(e) If your child requires urgent medical attention while under the school’s care, we will if practicable attempt to obtain your prior consent. However, should we be unable to contact you we shall be authorised to make the decision on your behalf should consent be required for urgent treatment recommended by a doctor (including anaesthetic or operation, or blood transfusion (unless you have previously notified us you object to blood transfusion).
(f) We shall monitor your child’s progress at the school and produce written reports. We shall advise you if we have any concern about your child’s progress but we do not undertake to diagnose dyslexia or other specific conditions. A formal assessment can be arranged either by you through your local GP. You may be asked to withdraw your child without being charged fees in lieu of notice if in the opinion of the headteacher the school cannot provide adequately for your child’s special educational needs.
The Parents’ Obligations
(a) You undertake to inform the school of any health or medical condition, disability or allergy that your child has or subsequently develops, whether long-term or short-term, including any infections. If the school so requires due to a health risk either presented by your child to others or presented to your child by others or by reason of a virus, pandemic, epidemic or other health risk, you undertake to keep your child at home and not permit him/her to return to the school until such time as the health risk has been averted.
(b) You undertake to inform the school of any situation where special arrangements may be needed in relation to your child.
(c) The school is entitled to treat any instruction, authority, request or prohibition received from any person who has signed the Acceptance Form as having been given on behalf of both or all such persons.
(d) The headteacher must be informed of any reason for your child’s absence from school. For the odd day’s absence for a minor ailment, a telephone call or email will suffice. For term-time absence of greater length, the school’s prior consent in writing should be sought.
(e) We cannot accept any responsibility for the welfare of your child while off the school premises unless he/she is taking part in a school activity or otherwise under the supervision of a member of the school staff.
(f) If you have cause for concern as to a matter of safety, care, discipline or progress of your child you must inform the school without delay. Complaints should be made in accordance with the school’s complaint procedure.
You must make your own insurance arrangements if you require cover for your child’s person or property while at the school or for the payment of fees due to absence of your child or closure of the school premises.
Confidentiality and References
(a) You consent to our supplying information and a reference in respect of your child to any educational institution which you propose your child may attend. Any reference supplied by us shall be confidential. We will take care to ensure that all information that is supplied relating to your child is accurate and any opinion given on his/her ability, aptitude for certain courses and character is fair. However, we cannot be liable for any loss you or your child is alleged to have suffered relating from opinions reasonably given in or correct statements of fact contained in any reference or report given by us.
(b) Photographs and video recordings of pupils at the school – there is a separate consent form for images of pupils. Parents have the right not to give consent to any images being taken of their child and the school will fully respect decision.
Intellectual Property Rights
We shall recognise any intellectual property rights vested in your child.
Changes in Ownership etc
For the purposes of constitutional changes to the school or amalgamation we reserve the right to transfer the undertaking of the school to any other natural or legal person, and to assign the benefit of this contract in connection with any such transfer, and/or to amalgamate the school with any other educational institution. Where appropriate, we will inform parents in relation to such changes.
(a) The school shall be entitled to cancel this agreement forthwith by notice in writing without prejudice to its other remedies and without any obligation to return any deposit or fees paid to you if you are in material breach of any of your obligations under this or any similar agreement with the school and have not (in the case of a breach which is capable of remedy) remedied the same with 14 days of a notice from the school requiring it to be remedied (including for the avoidance of doubt persistent non-payment or material default under these terms and conditions). For the purposes of illustration only (and without limitation), the following circumstances would typify what the school is likely to regard as a material breach entitling it to terminate this agreement:
(i) failure to pay any fees or supplemental charges on time on more than 2 occasions;
(ii) you (as opposed to your child) acting in such a way as to give the headteacher cause to expel your child under Clause 6(b) of this agreement;
(iii) any other circumstance where your child is expelled from school in accordance with the terms of this agreement (including the school’s code of conduct);
(iv) withholding of or refusal to provide appropriate medical information concerning a child.
(b) Either party may cancel this agreement forthwith by notice in writing without prejudice to its other remedies if the other (in your case) is unable to pay its debts or is declared bankrupt or (in the school’s case) becomes insolvent or goes into liquidation or receivership or administrative receivership or is wound-up for any reason.
For the avoidance of doubt, this agreement shall end at the end of your child’s primary schooling, which may be at the end of Year 6.
Force Majeure (i.e. circumstances beyond your control
14.1 In this agreement ‘force majeure’ shall mean any cause beyond any party’s control [including, for the avoidance of doubt, acts of God, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction (including that of a local authority), accident, fire, flood, storm, pandemic or epidemic of any disease, terrorist attack, chemical or biological contamination).
14.2 In the event of a force majeure arising which prevents or delays the school’s performance of any of its obligations under this agreement, the school shall forthwith give you notice in writing specifying the nature and extent of the circumstances giving rise to the force majeure. Provided that the school has acted reasonably and prudently to prevent and/or minimise the effect of the force majeure, the school will have no liability in respect of the non-performance of such of its obligations as are prevented or delayed during the continuance of the force majeure.
14.3 Subject to Clause 14.2, if the school is prevented from performance of all of its obligations as a result of force majeure for a continuous period greater than six months, the school shall notify you of the steps it shall take to ensure performance of the agreement and you shall then, following receipt of such notification, be entitled to cancel the agreement on written notice and without giving a term’s notice or paying fees in lieu.
14.4 Subject to Clause 3(g),in the event that your child is unable to attend (or is likely not to be able to attend) the school due to reasons of his or her severe ill-health or physical impairment caused by a force majeure you shall give the school notice in writing of such circumstances and the following provisions shall apply.
(a) You shall, in consultation and co-operation with the school, use all reasonable endeavours to:
(i) mitigate the effect of the force majeure in order to continue to perform the obligations under this agreement in any way that is reasonably practicable in the circumstances (such that your child can still participate and benefit from the provision of education by the school, including for example participating remotely), and
(ii) resume the performance of the obligations as soon as reasonably possible.
(b) In circumstances where, following the efforts made and steps taken under Clause 14.4(a), your child is not able to participate and benefit from any level of provision of education by the school then you shall not be liable for non-performance of your obligations (including the obligation to pay fees, pro-rated accordingly) during the continuance of the force majeure.
(c) In the event of the force majeure continuing to prevent your child from attending school or being able to participate and benefit from any level of provision of education by the school for more than six months you shall discuss with the school a solution by which this agreement may be performed and, following such discussions, you shall be entitled to cancel the agreement on written notice and without giving a term’s notice or paying a term’s fees in lieu.
All notices required to be given under these terms and conditions must be given in writing. You undertake to notify the school of any change of address of any person who has signed the Acceptance Form. Communications (including notices) will be sent by the school to the address shown in its records and unless other arrangements are agreed between us, we shall be entitled to treat any communication from the school to any person who has signed the Acceptance Form as having been made to both or all such persons. Notices that you are required to give under these terms and conditions must be addressed to the headteacher and sent to the school’s address. If sent by first class post, notice shall be deemed to have been given on the second day after posting.
Headings in these terms and conditions are for ease of understanding only and do not form part of these terms and conditions.
Jurisdiction and Governing Law
The contract between you and the school is governed by English law. You agree with us to submit to the exclusive jurisdiction of the English courts.
We reserve the right to change or add to these terms and conditions from time to time for legal, safety or other substantive reasons or in order to assist the proper delivery of education at the school. The school will send you notice of any such modifications prior to the end of the penultimate term before the modifications are to take effect.
2018 Bangor Independent School