Terms & Conditions

Once your registration and or / email confirmation of wishing to start one of our courses is received it will confirm to us that you have read, understood and agreed to the following Terms and Conditions outlined below and listed on our web site www.durhanopenlearningcollege.co.uk. If you are unhappy with any part of these, then you should contact our customer support team via support@durhamopenlearningcollege.co.uk before enrolling, agreeing your learning contract and paying for your chosen course.

1. Definitions

In these Terms and Conditions unless the context otherwise requires:

"Price" means the price of the pack, materials, on-line access of your course and / or course which is the price set out in our marketing material and / or course web page for each course but excludes non mainland UK postage and packing outlined in our web site.

"Pack" means the learning materials, books and on-line access per course as outlined in our course marketing material and web pages.

"Services" means support and tuition relating to the course enrolled for and as per our marketing material and course web pages.

 "Enrolment" and “Learning Contract” means a sales agreement entered into between you or your agent and Durham Open Learning College for the condition of the enrolment on the terms as set out in this page and / or document.

"Support Period" means up to 1 year from the date of the Enrolment / completion of the Learning Contract or such other period as agreed in your confirmation of wishing to undergo the course, Individual Study Plan or Individual Learning Plan where applicable. In addition any activity which indicates starting of your study course. Additional years or periods of study can be agreed and are subject to the following charges:

2nd and 3rd year study support chargeable at 50% and 25% of original fee unless otherwise agreed.  

“Durham Open Learning College" means the company trading name of Dunelm Associates (T&D) Ltd. In addition any of its partners and associate organisations who supply training material and tutor support. Dunelm Associates (T&D) Ltd is registered in England number 7062878. Registered office address:

Durham Open Learning College
North Sands Business Centre
Liberty Way
Sunderland
SR6 0QA.

Tel: 07743562771. Email  support@durhamopenlearningcollege.co.uk

 “Tutor Support” means “Durham  Open Learning College” or who they select to act as their tutors or delivery organisation on your behalf at the time of enrolment, or any change of tutor(s) during the span of the course or enrolment.

"Online Access" means right of entry to our online web-site or any of its learning settings and online learning materials and or third party resources.

“Materials" and “resources” means course books and all associated learning guides, leaflets and aids (including on-line access and support) with which to learn your course(s).

Singular words shall include the plural and vice versa; all headings are included for expediency only and shall not affect the construction or interpretation of this Enrolment.

2. Payments

2.1 On payment, Durham Open Learning College, agrees to sell you one copy of the course material, pack, on-line access or Tutor input  / support and assessment as agreed and you agree to buy same for the price stated on the web-site at the time of enrolment / agreeing your learning contract / starting your programme and you agree with the terms as set out on this page and  / or document.

2.2 The Price is payable prior to the delivery of the materials, or access to tutor induction and support and on the start date of your course after any agreed free trials and or taster events.

2.3 If payment is by invoice then goods will not be dispatched / services offered and until all monies requested, have been paid. Terms are 30 days from date of invoice unless a personal payment plan is agreed between all relevant parties.

2.4 Payment in full will be due 10 days before the commencement date of your course unless an instalment agreement form has been signed and agreed. where instalment agreements are completed it is the full responsibility of the purchaser to ensure timely payment by an agreed payment method. Non timely or missing payments subject to an instalment agreement will render all outstanding sums to be paid in full within 14 days. All late payments and non payments will be subject to a collection fee of 15% of all
outstanding sums.

2.5 Bookings without accompanying payment are provisional only.  A non refundable deposit must be paid to secure your place.

2.6 Durham Open Learning College reserves the right to alter course fees at any time.

3. Delivery and  / or access to study resources /  materials

3.1 Where achievable we will release all the course materials to you in one mailing and  / or electronic access.

3.2 Materials will be sent out to the last address you have registered with us.

3.3 You will examine the course materials upon delivery and will tell us without delay if any of them are missing and / or not accessible.

3.4 You will be deemed to have accepted the course materials if you do not notify us within seven days after delivery and or gaining electronic access.

3.5 Risk of damage or loss of the course materials will pass to you upon delivery and / or on-line accessing of same.

4. Services

4.1 By agreeing with these Terms and Conditions you are also entering into an Enrolment Agreement with Durham Open Learning College which reserves the right to change the Tutor Support, be it an in house tutor or supporting company / delivery partner from time to time, but will give you at least 14 days written notice to the last address you registered with us.

The Enrolment Agreement is made up of the following items:

4.2 Tutor Support, assessment , assignment marking and examination supervision where applicable. This is for the support period of up to 1 year from the date of the Enrolment Agreement or span of the course(s).

4.3 If you need to sit an external examination, Durham Open Learning College will give you relevant advice. However you will be solely responsible for making arrangements to enable you to sit the examination and for any and all fees in relation thereto.

4.4 Where appropriate, information below will apply to the Enrolment Agreement.

5. Limitation of Liability

5.1 Our liability for direct losses arising out of our negligence (other than in respect of liability for death or personal injury arising from our negligence), breach of contract or any other cause of action arising out of or in relationship with the Enrolment Agreement shall be limited to the price of the course(s).

5.2 We shall not be liable for any indirect or consequential loss or damage whatsoever (including without limitation any loss of profits, loss of revenue, loss of opportunity or your liabilities to third parties) which you may suffer arising out of or in connection with the Enrolment Agreement.

5.3 We intend to rely on the written terms set out here and on the other side of this document. If you require any changes, please ensure you ask for these to be put in writing. In that way, we can avoid any problems surrounding what we, and you, are expected to do.

6. Other terms

6.1 No relaxation or indulgence which we may extend to you, shall affect our rights under these Terms and Conditions.

6.2 If any provision of these Terms and Conditions is held by any court of body of competent jurisdiction to be unenforceable such unenforceability will not affect the remaining terms and conditions shall remain in full force and effect.

6.3 All liabilities or obligations arising under these Terms and Conditions shall be enforceable against you after termination of the Enrolment Agreement.

6.4 You will notify us immediately in writing of any change in the address specified. Any notices required to be served under these Terms and Conditions will be deemed properly served if sent by way of prepaid post to your last known address.

6.5 We may assign our rights under these Terms and Conditions but this will not reduce any guarantees to which you are entitled. You may not assign your rights.

6.6 If your address is in Scotland then the laws of Scotland will apply to these Terms and Conditions, otherwise the laws of England and Wales will apply.

7. Cancellation or changes made by you (the learner)

7.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel this Enrolment Agreement. You may do so at any time up to the end of the seventh working day after you notified us of wishing to purchase one of our courses, enrolled,  received the materials and / or gained electronic access. If you want to cancel then you must write to us at:

Durham Open Learning College
North Sands Business Centre
Liberty Way
Sunderland
SR6 0QA.

7.2 If you cancel then you must return the course(s) materials to us and / or refrain from accessing course materials electronically and must take good care of them until you do so.  If we have to collect the course(s) materials from you then we will charge you a reasonable cost for doing so along with a set administrative fee. Upon receipt of returned materials and on condition that they have not been damaged or marked in any way, then Durham Open Learning College will issue a full refund, minus the cost of postage and packaging and a £15 administration fee.

7.3 Due to the limited places available for our courses, the course cost (less the deposit 25%) is refundable only if a written cancellation is received at our Head Office at least 10 days before the course commencement date.

7.4 If you are ill, or have an accident which makes you unable to attend the course, once recovered you may continue on a new course (provided we have written evidence from your doctor or hospital).

7.5 Should you have to change your course dates, the deposit is non-refundable. With 7 working days notice we will move your deposit and course to the next available start date. There will be an administration charge of £10.00 and we will only move your course date once.

7.6 You will not be reimbursed in the event you do not complete the course for any reason whatsoever.

8. Cancellations by Durham Open Learning College and  / or one of its partner organisations

8.1. Durham Open Learning College may terminate this agreement at any time and recover all sums due from you if you:

·       do not make payments on time

·       do not carry out your obligations under this agreement

·       If you fail to make any payments due to us we shall no longer have to carry out any of our obligations under this agreement or any other agreement between you and us until you have paid the outstanding sums in full.

8.2 You may not withhold payment of any invoice or other amount due to us even if you allege you have a claim against us or a right of set off.

8.3 You will only receive your deposit if we cancel the course you have booked due to low recruitment numbers or any other unforeseen reasons.

9.  Assessments

All assessments must be completed within 3 months of the course completion date.  Assessment fee of £50 is payable if you wish to take exam or assessments after this time.   

10. Complaints Procedure

All complaints are to be set out in writing and sent to:

Durham Open Learning College
North Sands Business Centre
Liberty Way
Sunderland
SR6 0QA.

11. Data protection

IMPORTANT: USE OF YOUR INFORMATION

This privacy statement applies to any personal data you may give to Durham Open Learning College and  / or its partner organisations. We collect any personal data you may give us when you begin your course. We will also collect contact details from prospective students. We maintain data on your transactions with us as well as your use of our services.

Please NOTE: Durham Open Learning College shall not be liable for any failure in the performance of any of its obligations under this agreement caused by factors outside its control.
 

Web Site Terms and Conditions

These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.

Website access

1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.

Use of website

1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.

1.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.

Website uptime

1.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.

1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.

Visitor provided material

1.6 Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

1.7 When using this website you shall not post or send to or from this website any material:

(a) for which you have not obtained all necessary consents;

(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;

(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.

Links to and from other websites

1.9 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.

1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;

(b) you do not misrepresent your relationship with this website; and

(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.

Disclaimer

1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.

1.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.

Exclusion of liability

1.14 We do not accept liability for any loss or damage that you suffer as a result of using this website.

1.15 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.

Law and jurisdiction

These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

Gordon Spencer

Director of Training

Last Reviewed: February 2015