Terms and conditions 2022/23

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:

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:

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 

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:

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:

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:

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:

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.

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:

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:

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:

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:

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):

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)

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

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:

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:

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:

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:

Take a look at our immigration conditions page to access the full list of requirements and conditions that international or EU students enrolled with the University need to adhere to.

International visa conditions

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:

10.4 During your programme of study:

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

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's 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:

12.3 In addition to the fees payable arrangements under section five 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:

Terms and conditions for academic year 2021/22

Terms and conditions for academic year 2020/21

Terms and conditions for academic year 2019/20