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Terms & Conditions Introduction

Saks Academy is part of the Saks Franchise Services Limited. This document relates to the terms and conditions imposed between Saks Franchise Services Limited, trading as Saks Academy Darlington, and you, the Student. In the case of Glasgow Academy only, the following need to also be included ­ These terms and conditions, both Section 1 and Section 2 are deemed to be signed and agreed upon under current English Law and are not subject to Scottish Variations, by signing this document you agree to this condition. Saks Franchise Services Limited is a registered company in England with company number 03130056 whose registered address is 55 ­ 59 Duke Street, Darlington, County Durham, DL3 7SD. In these Terms and Conditions, "we", "our", "us" and "the Academy" means Saks Academy Darlington and "you" and "your" means you, the student. As this document illustrates the terms and conditions for both acceptance to the course and your behavior subsequently along with financial details we have separated this document into two parts. We recommend you read thoroughly Section 1 and, should finance apply to your application to the course, you should then further fully read Section 2. Please ensure that you read the terms and conditions carefully before submitting your application form. If you have any queries or if you do not agree with any of the terms set out overleaf you must ask us for clarification. We will only accept responsibility for statements and representations made in writing by our authorised employees and agents. No variation to these terms is valid unless agreed in writing by us. We have the right to vary, revise and amend these terms and conditions from time to time upon giving you one months' written notice of such change. You will be subject to policies and terms in force as notified by us unless a change to these terms is required by law or government or regulatory authority in which case such changes will be effective immediately. These terms and conditions shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts. By signing these terms and conditions you are entering into a legally binding agreement.

Section 1

Conditions of Enrolment

1. Every student of the Academy, whether full or part time, must enroll for each course and pay the fees relating to the relevant course of study. Enrolment is subject to you successfully passing the interview, submitting a completed application form and paying a non-refundable deposit in the sum of 20% of the total course fee. This deposit applies to all NVQ bookings. We will not be able to confirm your placement unless and until such time as we receive the deposit payment in cleared funds from you. On receipt of the deposit payment a confirmation letter will be sent to you confirming your place on the course. In the event that you should wish to cancel your place on the course, you are required to give the Academy at least 6 weeks' notice in writing. If less than 6 weeks' notice is given we reserve our right to charge you 100% of the course fee, see Section 2 Finance for further details. When giving notice of your intention to cancel attendance on the course written notification by recorded delivery should be sent to the Academy at the address where your course was due to commence. Alternatively you may email us on [email protected] You must obtain proof of successful delivery of such email. Telephone cancellations must be followed up either by email or a written letter. 5. Should a medical condition arise during the term of your course you may be permitted to defer your attendance for up to 12 calendar months from the start of the course. Such deferral shall be at our discretion and a doctor's certificate shall be required. If you are subject to a payment plan payments must continue as previously arranged in order for the course transfer and/or deferral to be agreed. On rare occasions courses may need to be cancelled and/or re-scheduled. We reserve the right to amend course dates as required. In the event that a course is cancelled or re-scheduled you will be given as much notice as possible. Should the course be cancelled due to unforeseen circumstances including but not limited to terrorism, act of God or bad weather conditions, any and all course fees paid shall not be refunded. However we will offer you an alternative date. Should you decline the alternative date offered to you we are under no obligation to offer you any further dates. Should you fail to arrive for your course, fail to attend the course on a continual basis or should you fail to complete your course for any reason whatsoever, you will not be entitled to any refund of fees and we shall be under no obligation to offer you alternative course dates.

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We reserve our right to make such changes to the syllabus as may be necessary in order to maintain the Academy's standards.

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10. You are expected to have at least basic understanding of both oral and written English language. Should you require a translator you must inform us of such requirement on submission of your booking form. Failure to do so may result in request for a translator being refused. You shall be responsible for the costs of a translator. 11. Any information provided by you to us shall be used by us in accordance with the UK Data Protection Law. By signing these terms you consent to us obtaining, recording, holding and processing personal data including data of a sensitive nature. It is your responsibility to inform us of any changes to the information provided in your application form. A copy of our Data Protection Policy is available in your learner handbook. 12. No insurance cover is held by the Academy to provide automatic compensation to students in the event of loss of damage to property, personal accident, injury or death. It is your responsibility to arrange for personal accident cover if felt appropriate. 13. We hold third party liability insurance which indemnifies us with respect to claims from third parties, including students, who have suffered injury, illness, loss or damage arising from our negligence or the negligence of our employees. However, no claim will be accepted by us or our insurers if there was no negligence on our part or part of our employees.

Without prejudice to authorised transfers or deferrals NVQ certification is subject to your attendance on the course. Continual absences or absence over a prolonged period of time may result in a failure to achieve an NVQ certification. Should you fail to qualify for an NVQ we may offer you unit accreditation in respect of completed modules only.

10. In the event of absence due to illness or for any other reason, you must advise the Academy before 9am on the first morning of such absence. You must ensure that you speak to your allocated contact person to report this absence. Persistent absence may result in you failing your NVQ. 11. All delegates attending Academy courses are expected to bring with them their hairdressing kits. This must include electrical equipment, scissors, brushes, combs and clips. 12. Saks will accept no liability for loss or damage to your kit. 13. All other required products, including but not limited to shampoo and styling products, will be provided by the Academy. 14. You agree to abide by the Health and Safety rules relating to your attendance at the Academy to ensure the safety of not only yourself, but your fellow students and staff of the Academy. 15. Shouting, swearing, chewing gum, eating and drinking are not permitted in the Academy salon areas. 16. Abusive behavior towards either staff or fellow students will not be tolerated and may result in disciplinary action against you which may in turn lead to your suspension or dismissal from the course. 17. The Academy operates a no smoking policy. Smoking is not permitted anywhere in the Academy. You may smoke outside the Academy but not in the immediate vicinity of any of the entrances. 18. Students are not permitted in Academy Staff offices or Academy Staff Break Room. 19. You agree to abide by all Academy policies including Equal Opportunities Policy which includes Sex Discrimination, Race Relations, Disability Discrimination and Human Rights, Health and Safety Policy, Grievance Procedure and Appeals Procedure. A copy of each of these policies is available in your learner handbook. 20. Failure to adhere and comply with the Disciplinary Procedure may result in suspension or dismissal from the course. 21. Disciplinary action against students is limited to breach of, or failure to comply with, these terms and conditions (including all Academy policies in force from time to time) or conduct which adversely affects the Academy's pursuit of its objectives or which infringes the rights of others. 22. Should you be suspended or expelled from the Academy due to your conduct course fees will not be refunded and you will not be allowed to defer or reschedule your course and this may result in the failure of your NVQ.

Student responsibilities

1. The Academy enforces a strict black and white clothing policy. Any other colors, even if part, are not permitted. Students found to be in breach of this condition will be excused from the Academy and asked to return in suitable attire. All valuables must be locked away during the day in the lockers provided. The Academy accepts no responsibility for loss of any valuables. Students are allocated their own social area within the Academy and must adhere to the rules relating to the caretaking of this area. The area should be left in clean and tidy condition at all times. Any student found stealing from the Academy or other persons whilst on the premises or otherwise will be expelled immediately without any refund and the Police will be informed of the incident. Any student willfully or recklessly damaging Academy's property will be liable to expulsion without any refund of fees. Any breakages caused as a result of negligence or willful damage by you will be invoiced to you. No controlled drugs, unless prescribed, or alcoholic beverages are allowed on the premises. Any student violating this rule will be expelled without any refund of fees. You will be expected to abide by the rules of attendance at this Academy. Except where absence is authorised in exceptional circumstances, 100% attendance is expected.

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Course Finance - General

1. 2. All fees chargeable at this Academy are UK based and as such are inclusive of VAT. International Fees exclude VAT. Fees are correct as at the time of printing. We reserve our right to conduct price reviews from time to time which may result in fee variation. We may offer promotional rates or discounts on course fees from time to time. Any promotional or discounted rates will only be available during periods specified in the offer and shall only apply to bookings received during the promotional period. We do not accept any liability for bookings made outside the promotional period and for any loss suffered as a result of such bookings. Any deposits received are non refundable after 30 days of receipt. Any remaining fees are due 6 weeks prior to the course start date. If fees are not received and no payment plan has been agreed then you will not be invited to attend the course and any deposit paid will not be returned. Course fees do not include travel, accommodation, beverages and meals. We may offer you the option to pay in monthly instalments for your course. Payments by instalments are subject to status. You may be asked to provide evidence of credit worthiness in the form of a recent credit report. It is your responsibility to provide a copy of this report. If you are eligible for the payment plan scheme you will be expected to pay a 20% deposit together with an administration fee of 2% - 5% of the total loan amount. The arrangement and administration fee is subject to status and terms of the plan. You will not be charged interest for paying by monthly instalments. However a nonrefundable arrangement and administration fee applies to all such payment plans. A full illustration of this fee will be provided at the time of enrolment. A full illustration will be provided to you relating to your individual payment plan and all potential charges will be made clear on this illustration. You should seek independent advice before agreeing to our payment plan. Once you enter into a payment plan the terms of the plan shall become legally binding. You may cancel your payment plan at any time up to the end of the 7th working day from the date of the payment plan agreement. Please note that in the event that you cancel 6.

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Course Finance - Payment Plan

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your payment plan within that time the administration fee paid will not be returned. Your payment plan should be arranged to ensure that all payments are made before the start of your course, however on occasions where this is not possible, certificates of qualifications will not be released until final payment has been made. If we offer you an extension on the payment plan we reserve our right to retain your certificate until such time as payment in full is received by us. You can end your payment plan at any time by paying the full amount of outstanding fees. Should you choose to do so the arrangement and administration fee paid will not be refunded. Without limiting any other remedies or rights that we may have we reserve our right to suspend any student who fails to make and/or maintain payments on the agreed payment plan. Failure to make payments may also result in us withholding your certification until such time as payment in full is received and/or you failing your NVQ. If you do not make any payment due to us by the due date for payment as per your payment plan we may charge interest to you on the overdue amount at the rate of 8% per annum above the Bank of England's base rate from time to time. The interest shall accrue on a daily basis from 30 days after the due date until the date of actual payment of the overdue amount. Interest shall be charged to your account every 30 days. Failure to maintain agreed payments on your individual plan may result in legal action being taken against you. You will be liable for any costs which we may incur in taking action against you. Should this result in a county court judgment against you this will adversely affect your ability to obtain credit in the future. On occasion we may refer you to a third party who may be able to provide you with credit facilities. We take no liability or responsibility for the conduct and outcome of your application to such third party. This is a voluntary introduction and you are under no obligation to agree to any of the services offered by this third party. Should you provide false information when applying for the payment plan your details will be passed to a fraud prevention agency. Law enforcement agencies may access this information.

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