Terms and conditions 2020/21

Student Terms and Conditions (the “Terms and Conditions”)

IMPORTANT INFORMATION – PLEASE READ CAREFULLY

These Terms and Conditions apply to the provision of services to you by the University of Derby (the “University”) in connection with your place on a University programme of study. These Terms and Conditions form part of the contract between you and us, and also incorporate the additional documentation listed in section 1 (the “Contract”). You may enter into additional contracts with the University for other services, such as accommodation or gym membership.

These Terms and Conditions provide important information about the rights and responsibilities of both the University and you under the Contract.

Please ensure that you read these Terms and Conditions carefully before you accept our offer as detailed in our offer letter (see section 1 about how you can accept our offer) sent to you. Your Contract with us will be formed when you accept our offer of a place [as described in clause 1.13]

The University would like to draw your specific attention to sections [3, 6 and 7], which include important information about our rights to vary the Contract with you (including the Services (as defined below) provided under the Contract), our liability to you and our rights to terminate the Contract with you

1. Information about the University (“us”/”we”) and information about our Contract with you and how and when it is formed

About Us

1.1 The University of Derby is A Private Company Limited by Guarantee without share capital and is an exempt charity.

Our Offer

1.2 We will send you (or will arrange for UCAS or another third party to send to you on our behalf) an offer letter detailing our offer of a place on a programme to study with us (the “Offer”). The Offer will provide you with important information about:

• the programme you have selected to study (the “Services”);
• details about the tuition fees payable by you for the Programme, (the “Fees”); 
• the duration of the programme (Part time study is pro-rated from this duration depending on the pace of study); and 
• details of any conditions that may apply to your Contract.

Conditions that apply to our Contract

1.3 Our Offer (together with the specific conditions set out in this section) may contain specific requirements for admission onto and your continued registration on the programme (the “Conditions”), and will either be a “conditional” or an “unconditional” offer. You must provide us with satisfactory evidence of your qualifications and compliance with any additional conditions when asked to do so by us. If you fail to meet or fail to continue to meet any of these Conditions, or if you fail to give us reasonable evidence that you have met these Conditions as set out in the Offer letter, we may end this Contract as set out in section [6].

1.4 It is a condition of our Contract, and of your subsequent continuation in each academic year, that you enrol for each academic year on or by the relevant dates notified by your Programme team or at the start of each such academic year either via the University’s on-line enrolment process or by completing an appropriate form provided by the University.

1.5 It is a condition of this Contract that you disclose to us all relevant unspent criminal convictions (excluding motoring offences). [If this is not the case you must notify the University as soon as possible so that the University can consider whether such convictions are compatible with membership of the University and, in particular, with a place on your Programme]. The University Admissions team will contact you if further information is required. The University will only ask for information relevant to its obligations to safeguard students or to comply with professional requirements and in line with the Admissions Policy available on the university website. If you commit an offence whilst you are a student, this will need to be declared to your programme leader as it may affect your place at the University, and we may be entitled to end our Contract with you in accordance with section 6. You agree to use the online DBS system to enable checks to be carried out through the Disclosure and Barring Service (DBS). You will be given details about how this system works and what steps you need to take as part of the Admissions Policy.

1.6 Programmes may require additional disclosure as part of professional standards or other external accreditation organisations. These will be set out in the Offer Letter and represent conditions that must be met in order to be admitted to the University.

1.7 Please see section 6 about how we can end this Contract where you fail to meet, or fail to continue to meet, any of the conditions that we set out here or in our Offer.

1.8 It is your responsibility to make sure that all of the information you give us is true, accurate and complete and is not misleading, and that the same remains true, accurate and complete, and not misleading for the duration of the Programme.

Our Contract and what it includes

1.9 From the point of accepting your offer the Contract between you and us with regard to your Programme, includes the following:

• the information contained in these Terms and Conditions;
• the terms contained in our Offer;
• the University’s Academic Regulations (3Rs); Including the Admissions Policy;
• the  Student Code of Conduct
• the Student Participation Policy;
• Professional standards & code of ethics where your offer indicates this is required. 
• the University’s Equality & Diversity Policy;
• all relevant Safety Policies ;
• Complaints Procedure and Policy;
• the University’s IT Acceptable Use Policy; [and]
• the University's Intellectual Property Rights Policy for Students Policy for Students; [and]
• Membership of the Union of Students is accorded automatically by enrolling at the University. You do, however, have the right not to be a member of the Union of Students. If you wish to opt-out of membership at any time you can do so at any time by writing to the University’s Registrar, Kedleston Road, Derby. DE22 1GB. Conduct of the Union of Students is regulated in accordance with the Education Act 1994, and the relationship between the Union of Students and the University is regulated by a formal Code of Practice. Further information on these matters is available via the Union of Students’ website [here] or through the Governance Services office of the University.

1.10 For the avoidance of doubt, the University’s Student Entitlement Policy/ Student Charter is not legally binding, may change at any time and does not form part of the contract between you and the University.

1.11 We may make changes to the Contract, the Services and the Programme as described in section [7].

How to accept our Offer and how and when our Contract will be formed

1.12 To accept the terms and conditions referred to in our Offer, you will need to accept through UCAS TRACK or where the offer is made directly by the university to the admissions department. Full details about how you can do this will be set out in the Offer.

1.13 You must make sure that you accept the Offer within the time period specified in the Offer as, if you do not, the offer may be withdrawn by us. If relevant, you will also be required to accept our Offer via UCAS.

1.14 You should check that you are happy with the contents of the Offer, and all of the terms identified in it and above, before accepting our Offer.

1.15 Our Contract will become binding on both you and us when [you formally notify the University of your acceptance of an Offer of a place either in writing or via a University-approved online offer/acceptance system, whichever as explained in your Offer is applicable to your application, whether that is direct to the University or through UCAS or any other agency acting with the authority of the University].

1.16 You may have a legal right to cancel the Contract as described in condition 2 below.

2. Your legal rights to cancel the Contract

2.1 Once our Contract has been formed, as described above, you have a legal right to cancel the Contract for any reason at any time within 14 days (the “Cooling Off” period). If you cancel within this period the University will reimburse to the payer without undue delay, and you will not be bound by these Terms and Conditions.

2.2 To cancel our Contract in this way, you must inform the University of your decision to cancel this Contract by a clear statement (e.g. a letter sent by post, or email). You should exercise your right to cancel by informing UCAS or contacting us at Admissions Manager, Admissions, Kedleston Road, Derby DE22 1GB acceptmyoffer@derby.ac.uk. You may use the model Cooling Off form attached at Appendix A - Terms & Conditions, but you do not have to use this form. Details about how you can cancel will be provided in our Offer.

2.3 To meet the Cooling Off deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cooling Off period has expired.

2.4 We may provide you with Services before the end of the Cooling Off Period if you request us to do so, for example, if you are only applying to us very soon before the Programme is due to start, but this will not prevent you from cancelling the Contract during the Cooling Off Period. However, if you decide to cancel the Contract once we have started to provide these Services to you, then we will be entitled to deduct from any refund a fair amount to reflect the benefit of the Services you will actually have received until you notified us of your wish to cancel.

2.5 If you want to cancel the Contract after the end of the Cooling Off Period, you will only be able to do so as set out in section 6.

3. University's obligations and our liability to you

Our obligations

3.1 During the term of the Contract (as described in our Offer) the University agrees to:

provide you with the Services (including the delivery of the Programme) with all reasonable care and skill; and 

• we will provide you with accurate information about the provision of the Services;
• Services provided by the university will include the following
• Teaching required as part of the Programme,
• Supervision by tutors where appropriate,
• Assessment,
• Assessment feedback, 
• Relevant IT and information/library services required to enable you to complete your Programme and which is made available to all students in accordance with our IT policy as may be in effect from time to time. The      University does not guarantee any set level of internet speed, but will provide such access as is deemed reasonable by our IT department. It does not include the provision of any personal hardware, 
• Student wellbeing and in class support where appropriate and as set out in an agreed support plan
• Reasonable careers guidance will be made available.

3.2 The University may make changes to the Services as described in section 7.

What we are responsible to you for:

3.3 If we fail to comply with our obligations under this Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.

What we are not responsible to you for:

3.4 We cannot accept responsibility and we will not be liable to you for:

• any damage to your property (including to vehicles and bicycles parked on campus or at other parking locations as designated by us and to personal equipment such
• as mobiles, tablets and laptops) [unless caused by our  negligence];
• work submitted for assessment that is not returned;
• personal injury or death except in so far as it is caused by our negligence;
• loss of opportunity and loss of income or profit, however arising.

3.5 Whilst the University shall endeavour to ensure that computer equipment and software it makes available for your use has reasonable security and anti-virus facilities and protections, your use of such computer equipment and any software provided by the University is, save as otherwise noted in this clause 3.5, at your own risk. The University shall not therefore be liable (subject to section [3.7]) for any loss or damage suffered by you as a result of use of any computer equipment or software provided or made available to you by the University, including (but without limiting the general nature of this condition) any contamination of software or loss of files as a result of using the University equipment or software, unless such loss has been caused by the University’s negligence. The University will not be liable to the student where the damage suffered could have been prevented had the student complied with the reasonable instructions of the University in terms of how to minimise or avoid the potential damage.

3.6 We do not exclude or limit in any way our liability for:

• death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; 
• fraud or fraudulent misrepresentation; or
• any other matter which we are not permitted to exclude or limit our liability by law.

Events outside of our reasonable control

3.7 Whilst the University undertakes to take all reasonable steps to provide the Programme and the Services with reasonable care and skill, the University shall not be held responsible for any loss, damage, expense or inconvenience resulting from any delay, variation or failure in the provision of the Services relating to any Programme arising from circumstances beyond the University’s reasonable control.

3.8 Events beyond our reasonable control include, but are not limited to:

• earthquake, 
• flood, 
• storm, 
• act of God or of public enemies, 
• epidemic or pandemic, 
• national emergency, 
• invasion, 
• insurrection, 
• riots, 
• industrial disputes [(including those which may involve its own staff)],
• telecommunications failure, 
• interruption of services rendered by any public utility but not where the same has arisen as a result of our breach of any contract or obligation owing to that public utility;
  or interference from any local, national or supra-national government agency or official.

3.9 If any of the events listed above occur, we will use our reasonable endeavours to minimise the disruption caused to you.

3.10 The University of Derby is listed as a registered provider on the OfS Register of English higher education providers.

4. Your obligations

4.1 During the term of the Contract, you agree to:

• pay us the Fees when due;
• Enrol/re-enrol;
• Comply with immigration obligations if applicable;
• Make relevant criminal conviction/Health disclosures;
• attend lectures, training, tutorials, examinations and other activities which form part of the Programme as set out in the Student Participation Policy (subject to absence for genuine medical reasons or other special    circumstances); 
  complete and submit all Programme work required for the Programme of study by published deadlines or inform Module Leaders where a situation arises that prevents you from doing so in accordance with [University regulations]; 
• carry out adequate preparation for any activity which you are required to undertake in connection with your Programme outside the University ensuring that at all times you are conducting yourself in an appropriate manner in accordance with the University's Student Code of Conduct; 
• provide the University with an emergency contact name and details which may be used by the University at its discretion for example in case of a medical or other emergency; 
• familiarise yourself with and abide by all University Regulations, policies and procedures ; 
• comply with any professional standards that may be applicable to the Programme, as detailed in our Offer; 
• behave appropriately whilst on University premises and whilst engaged in University organised activities; 
• carry your University issued Student Identification Card (“Smart Card”) with you at all times whilst on University premises or engaged in University activities and present it to authorised University staff if requested to do  so; 
• comply with any reasonable instructions issued to you from time to time by or on behalf of the University;
• notify the University promptly of any changes to the information which you submitted on application or enrolment; for example, if you change your correspondence address; and
• notify the University promptly in the event that you choose to withdraw from your Programme for any reason. If you do withdraw from your Programme for any reason, the provisions of section 6 will apply to your withdrawal.

5. Fees and payment

5.1 Details of the tuition Fees payable by you will be set out in our Offer. Additional fees that you may need to pay in connection with your Programme are published on the university website.

5.2 You will pay us the Fees detailed in our Offer (and as may become payable during your Programme) for the provision of the Services when due and in the manner described in this section [5]. If your fees are being paid by a third party you remain liable for these fees if they are not paid.

5.3 You will pay us the Fees in accordance with the University’s fee payment conditions;

5.4 The University may change the Fees payable as described in section [7].

5.5 The University’s regulations relating to fees and payment, including refunds, are described within the Withdrawal Calendars below related to your level and mode of study.

Full Time UG Home & EU Withdrawal Calendar (inc PGCE & Pre-registration Healthcare)

Part Time UG Home & EU Withdrawal Calendar (inc Professional Programmes)

Postgraduate Home & EU Withdrawal Calendar

Postgraduate Home & EU Annual Programme Fee Withdrawal Calendar

International Withdrawal Calendar

Postgraduate Research (Doctorate) Withdrawal Calendar

University of Derby Online Learning Withdrawal Calendar

6. How this Contract may be ended

Our rights to end the Contract and what happens if we end the Contract

6.1 We may terminate the Contract on notice to you in the following circumstances:

• if you do not enrol or re-enrol onto your Programme by the relevant enrolment or re-enrolment date ;
• if you fail to pay the Fees to us by the specified due date for payment and where you fail to make good your debt following the period specified within our debt policies. This includes where you have an agreement with a    third party (e.g. the Student Loans Company or sponsor) for them to pay your Fees on your behalf;
• if any of the conditions set out in our Offer are not met, or cease to be met at any time after the date that our Contract is formed;
• if you fail to comply with any obligations you have under this Contract;
• if it becomes apparent that the information you have provided to us during your application or at any stage during the term of this Contract is incorrect or misleading;
• if you fail to comply with a request for information, to make declarations that we may reasonably require you to make during your admission to and enrolment on, your Programme;
• you circumstances changing so that you no longer have permission to remain in the UK;
• you acquiring a relevant or failing to disclose a criminal conviction;
• if we take disciplinary action against you in accordance with the relevant disciplinary procedure and where we determine as a result of that procedure that you are no longer able to continue with your Programme;
• if we take action against you in accordance with the fitness to study, fitness to practise, or where you have failed to comply with health disclosure/requirements related to your programme if specified in your offer or  professional requirements
• where you are in material breach of any of our regulations, policies, procedures and/or codes of conduct; 
• if you are expelled or dismissed from any institution or organisation other than the University which you are required to attend or be a member of as part of the Programme;
• if you fail to participate in your Programme to an extent that your Programme Leader/Personal Tutor believes reasonably that you will be unable to successfully progress or complete the Programme, and/or you fail to  respond adequately to the University’s attempts to seek your re-engagement with your Programme, the University shall be entitled to consider you withdrawn from your Programme and take steps to terminate your place  on the Programme as specified in the Participation Policy;
• for any other reason that in our reasonable discretion, means that your continued attendance at the University is inappropriate or unsafe either for yourself or for your fellow students and /or University staff.

Consequences of us ending this Contract under section 6.1

6.2 If we end the Contract for any reason set out above, you will not be released from your obligation to pay the Fees to the University, and you may be liable for the remainder of any Fees payable, unless we agree an appropriate refund with you. Our Withdrawal Calendars will apply to any termination of our Contract under this section.

6.3 If the Contract is ended by us under section 6.1 above:

• the University shall be entitled to refuse to enrol/re-enrol you on the Programme, if at the date of termination you have not already enrolled/re-enrolled; 
• the University shall be entitled to require you to stop studying on the Programme, and to leave the University immediately, if at the date of termination you have already enrolled/re-enrolled; 
• the University will not be liable for any loss or damage of whatever nature which you may suffer as a result of any action taken against you by the University to terminate the Contract including where we terminate the Contract as a result of disciplinary action taken by the University (provided the action by the University is taken properly in accordance with the Contract and the relevant University’s procedures and subject to section 3 above in respect of our liability to you); 
• you are required to immediately return to the University the Student Identification Card which was issued to you on enrolment;
• you are required to immediately cease attending lectures or undertaking research; 
• you are required to immediately pay any outstanding sums owed to the University

Your rights to end the Contract after the expiry of the Cooling off Period and what happens if you end the Contract

6.4 You have the right to end this Contract in the following circumstances:

• [where you had accepted our Offer as an Insurance choice and where you decide to proceed to enrol on your chosen Firm choice. In this instance you will have any Fees paid by you to the university refunded and this    Contract will end immediately upon you notifying us that you have progressed with your Firm choice (please note however that you will remain liable for any separate fees paid by you to UCAS);]
• [where we are in material breach of our obligations to you (as described in section [3] above) to provide the Services with reasonable care and skill.] You may be entitled to a proportionate refund of any Fees paid in such  circumstances, and you will have no further liability to us for Fees from the date you terminate for reasons of our breach; 
• At any time without reason, but you may be liable for the Fees if you do so.

7. How we can make changes to the Contract and how this may impact you

7.1 Whilst the University will always try and minimise making any changes to the Contract (including changes to the Services and/or Programme), there may be times where changes are needed. This section 7 describes the circumstances when we can make changes, as well as providing you with further information about what to do where we look to make such changes.

Changes to pre-contract information

7.2 If any information that we may have given to you at the time you were researching and making an application for the Programme changes by the time we send out our Offer, we will endeavour to highlight details of those changes in the Offer. By accepting our Offer, you will be confirming that you are accepting our Offer on the basis of the changes documented in the Offer. Examples of changes that we may make at this stage could include the following:

• changes made in response to feedback from students and/or external examiners;
• unavoidable changes in our academic or student support staff;
• where we advised that the Programme was subject to minimum enrolment numbers at the time we advertised the Programme, if there are, by the cut-off date notified to you, insufficient student numbers to make the Programme viable, we may need to combine, alter or discontinue a Programme; 
• changes that are required by law and/or as a result of a regulatory requirement that the University, as a provider of educational services, is required to comply with;
• changes that are required by a statutory, regulatory and/or professional body and/or other regulator;
• reasonable changes to the content and teaching provided on the Course/Programme.

7.3 Please see sections [7.13-7.14 below] for further information about what happens if we withdraw or discontinue your Programme before our Contract is formed.

Changes after you have entered into the Contract with us

7.4 Where we need to make changes to the Contract and Services after our Contract has been formed, we will, in each case, assess the potential impact of any such change on the Contract and our students and will following the principles set out in this section [7] at all times. The University is always looking to improve and enhance students’ experience with us, and we will consult with students throughout their studies, as well as consulting with our college staff, and will actively seek feedback from these groups about how we can improve our service delivery to our students.

7.5 The circumstances that we describe in section [7.6] are not the only ones that may arise during your studies with us, but these will give you some context as to when we may need to amend the Contract (including the Services and Programme). Section 7.7 provides you with illustrative examples of the type of changes that may arise as a result of the reasons set out in section 7.6.

When we can make changes to the Contract

7.6 We can make changes to our Contract (including to the Services and/or Programme and/or to our Regulations, policies and/or procedures):

• to reflect changes in the law and/or regulatory and/or professional and/or statutory body requirements and sector regulation;
• as required by law, government policy, regulatory requirements or guidance and/or a decision of a competent court or similar body;
• due to placement providers requirements;
• to implement technical or procedural changes to our IT systems;
• to comply with any requirement set by the Higher Education Funding Council for England, Office for Students and/or any other funding or regulatory body;
• to deal with unavoidable changes in our academic and support staff;
• to address and/or to take steps in response to a security threat;
• incorporate sector, [awarding-body] and/or good practice guidance;
• better meet the needs of the University’s students;
• in light of student feedback, external examiners’ feedback or internal programme review;
• to reflect material developments in academic teaching, research and /or professional standards or requirements to ensure our course/programme content is up to date and relevant;
• fall in both current or future enrolment numbers;
• withdrawal of any relevant accreditation;
• for any other valid reason.

What type of changes may happen?

7.7 The reasons in section 7.6 above may result in a number of different changes being made by us in response. We have set out in this section 7.7 some examples of these responses and, to help you understand what such changes may mean for you in practice, we have done this by referring to those examples using the headings “major changes” and “minor changes”. The provisions of section 7.8 will apply depending on the type of change that is anticipated at the time.

(i) Minor Changes (non-exhaustive list of examples)

• reasonable changes to the timetable for delivery of your Programme;
• reasonable changes to the number of classes/lectures and other teaching activity relating to the Programme;
• reasonable changes to the way we make IT and Library services available to you;
• reasonable changes to the methods by which the Course/Programme is delivered and/or assessed;
• reasonable variations to the content and syllabus of the Course/Programme;
• changes to the location of your Programme teaching facilities, provided these are within the same campus and/or provided they are of equivalent quality as those advertised in our literature;
• additions and/or withdrawals of certain non-core modules on your Course/Programme;
• Changes to reading lists to deal with changes in the relevant subject area relating to your Programme to ensure the same remains as up to date as possible;
• procedural changes to our Regulations and/or procedures that help improve those Regulations and/or procedures to your benefit;
• procedural changes to our Contract that help improve the same to your benefit;

(ii) Major Changes (non-exhaustive list of examples)

• changes to the way that we teach, supervise and/or assess a Programme to ensure that we are continuing to provide that Programme to you lawfully and/or in accordance with academic standards and quality;
• to make additions and/or withdrawals of certain core/compulsory modules on your Programme;
• to implement more significant adjustments to our Programmes;
• Changing our security procedures to such an extent as may materially impact on the way that you previously acted when on campus with us;
• significant changes to the location or specification of your Programme teaching facilities, which could include moving the Programme to a different multi-site campus or a location that is not located near the original delivery campus.
• to make significant changes to our Regulations, policies and/or procedures that help improve those Regulations, policies and/or procedures but where the same are not to your benefit.
• procedural changes to our Contract that help improve the same are not to your benefit;

How we will tell you about changes to the Contract

7.8 For minor changes, we will notify you of any amendments through your programme team and provide you with as much notice as is in our view appropriate in the circumstances. Where possible, we will look to provide this notice to you in advance, but this may not always be possible.

7.9 For major changes, we will notify you via email as soon as possible, and in any event, generally no later than 3 months before we are due to make the relevant change

What happens if you do not agree with the change?

7.10 If you do not agree with a major change we make to the contract you will be offered the opportunity to:

• to terminate the Contract, and you may be entitled to an appropriate refund of the fees you have paid to us;
• to move to an alternative course at the University as appropriate (subject to availability and you complying with the requirements of admission to and registration on that programme); or
• reasonable support to transfer to another provided if appropriate in the circumstances.

Withdrawal of Programmes

Pre-Contract

7.11 There may be times where we need to discontinue the Programme or decide not to provide the Programme or to merge or combine the Programme with other Programmes of study, if such action is reasonably considered to be necessary by the University in the context of its wider purposes. If the University decides to take any such action prior to the Programme commencing then it will use reasonable endeavours to notify you in advance and you shall be entitled to cancel this Contract by written notice to the University. In these circumstances you will be entitled to a refund of any deposit/Fees which you have paid to the University. The University will also endeavour to support you in finding alternative learning opportunities.

Post-Contract

7.12 There may also be times where we need to discontinue the Programme or to merge or combine the Programme with other programmes of study, if such action is required as a result of one of the reasons set out in section [7.6].

7.13 If section 7.11 applies, we will take reasonable steps to seek to:

• offer you a place on an alternative course at the University as appropriate (subject to availability and you complying with the requirements of admission to and registration on that programme); or
• (at your request) assist you to join another course at another institution, and
• (if appropriate), issue you with a refund of the Fees paid .

Changes to Fees

7.14 The University may increase Fees annually, for Full and Part Time Home/EU Undergraduate fees this would be in line with the Consumer Prices Index. The Consumer Price Index is a measure of inflation published monthly by the Office for National Statistics. It measures the change in the cost of a representative sample of retail goods and services.

What to do if you have any complaints about the way we manage these changes?

7.15 The University has in place a Complaints Procedure.

8. Special conditions

8.1 As a student of the University you may be entitled to receive financial support through a bursary, scholarship or other scheme. In the event that you are eligible for such financial support, you agree to abide by the terms and conditions relating to that specific bursary, scholarship or other scheme.

9. Data protection

9.1 The University will process personal data about you whilst you are a student of the University, for more information on the way we look after your data at various stages, including your rights to access this data please visit data governance.

9.2 By accepting an Offer you are consenting to the University processing your data including sensitive personal data, for the purposes and in the manner set out in this section 9. Sensitive personal data includes information held by the University as to your physical or mental health or condition, religious belief, sexual orientation, your racial/ethnic origin, the commission or alleged commission of any offence by you and any proceedings for an offence committed or alleged to have been committed by you (including the outcome or sentence in such proceedings).

9.3 The purposes for which the University may process your personal data (including sensitive personal data) include:

• the administration of your enrolment on and participation on a Programme, including the administration of examinations, the issue of results and certificates in connection with the Programme, recording of other relevant University achievements, and (where applicable) the provision of information to your employer or other sponsor/corporate sponsor about your attendance and performance on a Programme;
• the provision of University services and facilities to you and the protection of your health, safety and welfare whilst at the University (which may involve the University disclosing your personal data to the University’s Union of Students, University Partnership Programme, University student health service providers and other third parties, such as our appointed service providers from time to time of email and data storage facilities for students and alumni);
• the issue and operation of the University’s “Smartcard” in accordance with section 9.5 and in relation to the Participation Policy and UKVI requirements;
• the collection of any fees payable by you to the University;
• equal opportunities monitoring;
• alumni activities;
• the provision of references about you;
• providing confirmation that you are or have been a student at the University in response to enquiries for example for the purpose of crime prevention, vital interests, public interest;
• to enhance the student experience for example using your data to review University delivery or services;
• the provision of information to any government or regulatory body or agency (including, without limitation, the Higher Education Funding Council for England (HEFCE), the Office for Students (OfS), the Higher Education Statistics Agency (HESA) including the return of the Graduate Outcomes survey (information regarding the Student Collection Notice), the UKVI, the Education & Skills Funding Agency (ESFA)and relevant professional standards and registration bodies) and the emergency services for the purposes of crime prevention, vital interests, public interest; and
• for safety purposes (for example use of CCTV monitoring in areas of the University whereby such use is made apparent).

9.4 In some circumstances, it may be necessary for the University to transfer your personal data to a country outside the European Economic Area (for example, if you undertake a Programme in such a country, or that is your country of origin). Such a transfer will only be made for the purposes specified in section 9.3. However, you should be aware that countries outside the European Economic Area may not offer data protection law equivalent to that applicable in the United Kingdom, and by accepting the Enrolment conditions you consent to the transfer of data in these circumstances and for those purposes.

9.5 [The University will issue you with a “Smartcard” which will serve as a means of identification and your means of access to various University services and facilities, including libraries, computing facilities, University and UPP managed halls of residence and car parks. The “Smartcard” is also used for the purposes of monitoring your attendance for timetabled events. The University may process personal data collected as a result of your use of such card for the purposes set out in section 9.3. The University may also disclose personal data about Smartcard holders to third parties to facilitate the provision of further services and facilities and for research purposes. If you do not wish your personal data to be disclosed to third parties, you should notify the Registrar in writing. ]

9.6 The University may use data in the form of photographs of classroom situations or general activity in common areas of the University as part of general marketing materials for example in the University’s annual report, Prospectus or Programme materials. Personal data alongside photographs will only be used with explicit consent.

9.7 The University may record lectures and presentations for later access as part of the University’s learning resource. You understand and accept that you may appear in such recordings where you have attended such activity.]

IF YOU ARE A NON-EEA STUDENT, YOUR ATTENTION IS PARTICULARLY DRAWN TO SECTION 10 BELOW

10. International (non-EEA) Students

10.1 The University of Derby is a UK Visas and Immigration (UKVI) approved sponsor of International Students. As such, the University is obliged to operate within the requirements of the relevant Immigration legislation and formal regulations for Sponsors. These include:

• ensuring that a record of passport and visa documentation is held for each international student;
• ensuring that contact details are maintained and up to date for every student;
• ensuring that students are meeting the attendance criteria for their Programme of study; and
• reporting any non-compliance to the UKVI within their mandatory timescales.

10.2 If you are a non-EEA student who requires formal student visa entry clearance from the UK authorities to enter or remain in the UK for the purpose of undertaking study, there are obligations you must meet as a student at this University, described in the following sections (10.3 to 10.5).

10.3 When you arrive at the University to start your Programme of study:

• You can access important enrolment information for International Students
• You will be required to provide your passport and your visa documentation for inspection. Only original documents will be accepted. The University is required retain a copy of those documents for its records. Coloured copies of these should be emailed to documents@derby.ac.uk
• You will not be able to fully enrol onto your Programme of study until you have satisfied this requirement
• You will either need to have provided your passport and Visa Documentation or evidence of you progress with the visa process
• Failure to produce the required documentation within 4 weeks after the Programme start date may lead to the Cooling Off of your place at the University and your non-compliance being reported to the UKVI

10.4 During your Programme of study:

• You must re-enrol at the start of each academic year and make suitable arrangements to pay any fees due, in accordance with the University’s Fee Payment Conditions
• You must inform the University of any changes to your personal and/or academic circumstances which might have an impact on your visa status, including any part-time employment during term time
• Any change of your address, visa status or passport details must be reported promptly by you to the University
• You are responsible for ensuring that your visa remains valid from the commencement of and for the duration of your Programme and that you apply for any necessary extension/renewal in good time
• You will be expected to meet all the attendance and submission dates relevant to your Programme of study
• Failure to comply with these requirements may lead to your suspension from the University and ultimately the cancellation of your place on a Programme at the University with your non-compliance being reported to the UKVI

10.5 If your place on a Programme is terminated by the University for any reason:

• Your contract with the University will terminate and the termination provisions at section [7] will apply
• You will not be permitted to attend any lectures, tutorials or classes nor use any University services or facilities which are normally available to students
• The University will report the Cooling Off of your place on a Programme to the UKVI who may take action under the relevant legislation, which may include Cooling Off of your student visa
• You will no longer be sponsored by the University and you may have to seek sponsorship from another institution if you wish to continue your studies in the UK
• You may not be entitled to a refund of fees that you have already paid. Any refund of fees already paid will be given in accordance with our refund policy described in the Refund Policy
• The University will not be prevented from taking any action available to it against you to recover any fees which remain outstanding on the date of termination
• Any licence agreement for University student accommodation to which you are subject will terminate and you will have to vacate your student accommodation and pay any fees which apply on termination of the licence

11. Other important terms

11.1 Each section of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

11.2 Any notice or other communication made under these Terms and Conditions shall be in writing and addressed to you at the last email or postal address notified by you to the University, and shall be deemed to have been properly served if delivered by email, by hand when left at that postal address or if made by first class post (48 hours after being posted to that address). You are required to maintain your current contact information via the university online systems.

11.3 If you breach the terms of our Contract and the University chooses not to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

11.4 The Contract is between you and us. No other person will have any rights to enforce any of its terms.

11.5 The Contract is governed by English law. You and we both agree that the English and Welsh courts have jurisdiction over any disputes that may arise under this Contract. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

12. Additional conditions for online Programmes

12.1 The Programme shall be made available to you through the internet. You acknowledge that, given the nature of the internet, the University cannot guarantee that use of the Programme will be uninterrupted or error free. You also acknowledge and accept that the University cannot guarantee that materials and other information downloadable or printable from the Programme can be downloaded or printed within any specified time period.

12.2 The University reserves the right at any time and from time to time to amend, improve or correct those IT and other systems by which the Programme is made available to you (“the Enabling Systems”), including any part of the same provided that this does not materially impair provision of the Programme to you. The University shall endeavour to give you reasonable notice of any such modification where reasonably practicable. The University is entitled to temporarily suspend the provision of the Programme on the occurrence of any of the following events:

• Essential maintenance of the Enabling Systems (whether planned or unscheduled). If planned the University will endeavour where possible to provide notice of this including when systems will be effected and estimation of how long a period will be required;
• issue by any competent authority of an order or direction which is binding upon the University and which affects the Programme; or
• if the University determines that suspension is necessary to protect all or any systems or services provided or used by the University from time to time.

12.3 In addition to the fees payable arrangements under section 5 of these Conditions, refunds for Online Programmes are set out in the University of Derby Online cancellation policy.

12.4 In addition, you will also be directly responsible for payment of any fees and costs required or associated with your use of and access to the Programme from outside the University, including broadband and other communications costs.

12.5 It is your responsibility to ensure that the computer hardware, computer software (including internet browser) and other systems (including internet connection) that you use to access the Programme meet the minimum technical specifications and standards required, as described in the Programme information.

12.6 The University shall have no responsibility for ensuring connectivity or compatibility between your computer and the Enabling Systems.

13. Students studying Apprenticeships

13.1 An apprentice is defined as a learner undertaking study as part of a government approved Apprenticeship Framework or Standard and their employer has entered into a contract with the University for this service.

13.2 All aspects of these Terms and Conditions apply to students undertaking apprenticeships with the University of Derby with the following exceptions:

13.3 Participation Policy - In such cases as students fail to participate adequately in essential activities leading to termination the apprentices employer will be informed.

13.4 Criminal convictions - Unless declared through the University application process (section 1.5); by accepting the ‘Confirmation of Good Character and Occupational Health Suitability Form’ you are confirming you have no unspent criminal convictions (excluding motoring offences).

13.5 Fees and payment - As specified within the employer contract it is your employers’ responsibility to ensure all tuition fees and all other expenses relating to your academic programme are paid.

13.6 Cancellation and refund policy - The date on which you give notice will determine the amount of any tuition fees or other expenses that will be refunded to your employer in accordance with the appropriate withdrawal calendar.

13.7 Termination of Agreement - Your rights and obligations under this Agreement will end automatically, subject to your rights of internal appeal and the University obligation under the ESFA contract, if your studies with the University are terminated as a result of:

13.7.1 Non-payment of fees by your employer, in accordance with the employer contract.

13.7.2 For your employer to pay any outstanding fees as specified in the employer contract.

Terms and conditions for academic year 2019/20