Academic and School Regulations

As a student of KLC School of Design, you are entering into a contractual agreement between you and the school.

The agreement includes a number of policies which, as a student, you need to make sure you are aware of. The links below highlight some of the key components of the academic regulations – please take time to look through each section to make sure you know your rights and responsibilities as a student and then also read the Terms and Conditions below.

Terms and Conditions

Terms & conditions for all of KLC's courses.

Version 2.0

1. These terms

1.1 These Terms and Conditions are the contract between you, any Invoice Addressee (if applicable) and the School relating to the Courses (as defined below) available on www.klc.co.uk and for which you have chosen to apply.

1.2 These Terms and Conditions in addition to the following (where applicable):

(a) Booking Form;

(b) KLC Student Protection Plan (as defined in clause 6.2);

(c) KLC Refunds and Compensation Policy (as defined in clause 6.4); and

(d) Course Handbook,

will apply to the sale of any Course, in each case as amended from time to time. The documents (a)-(d) shall together constitute the “Documents”. The Documents and these Terms and Conditions shall together constitute the “Terms”.

1.3 Please read the Terms carefully before applying for a Course and paying Fees. They tell you who we are, how we will provide your Course, how you and we can change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in the Terms or have any questions or concerns, please contact us to discuss.

1.4 The School may offer Validated Courses (defined below) which means that, except as set out in the Terms, successful completion may result in an award validated by the University of Brighton in accordance with the partnership agreement between the School and the University of Brighton. If you have any questions about the partnership agreement or the way in which this validation applies for the Validated Courses, please contact the School. You should also refer to the KLC Student Protection Plan and KLC Refunds and Compensation Policy (see clause 6 for further information).

1.5 By applying for a Course, you are confirming your agreement to be bound by these Terms and Conditions and the Documents for the duration of any Course and where any terms and conditions are expressed to continue beyond the term of this agreement, you agree to be bound by those terms and conditions after the end of a Course.

1.6 If there is any conflict between these Terms and Conditions and any of the Documents, these Terms and Conditions shall take precedence except where otherwise set out in this agreement.

2. Definitions

2.1 “Additional Charges” means any amounts payable other than Fees and may include, but are not limited to: (i) any charges for postage associated with sending Course Materials overseas (ii) any charges imposed by a bank or other authority for payments made e.g. by electronic bank transfer, (iii) any administration charge for cancelling or deferring a Course, (iv) any charge for Course Materials not returned in a reasonable and/or (as far as possible) resaleable condition under clause 6, (v) any charges for repeats and referrals of assessment as set out in the Course Handbook;

2.2 “Asynchronous Online Course” means an online course which does not have a pre-determined start date and is available for study by you either online or offline in downloadable format immediately following Delivery by the School including but not limited to an Online Course;

2.3 “Booking Form” means the hard copy or electronic form that must be filled in to apply for a Course;

2.4 “Course” may include but is not limited to a diploma, certificate or degree (including a Bachelor of Arts) referred to as “Validated Courses” in accordance with clause 1.4, as well as online and short courses, in each case offered by the School either as an On-site Course or an Asynchronous Online Course or a Synchronous Online Course and if applicable, the Course Materials to be provided by the School for such courses as appropriate;

2.5 “Senior Registrar” means the person with authority to take certain decisions in relation to these Terms. The person’s name will be communicated to you before you begin your Course. In some circumstances the Senior Registrar will delegate his or her decision-making to a Course Leader.  Course Leaders’ details are available on the Website;

2.6 “Course Fee” means the fee payable for a Course and shall include any VAT payable (unless indicated otherwise) and shall exclude any Additional Charges;

2.7 “Course Handbook” means the course handbook you will receive when you begin a Course, usually on the Course start date, setting out details of the Course and the School’s rules and regulations. You can access a copy of the Course Handbook through the Online Student Support Services;

2.8 “Course Materials” means any materials provided by the School to you for the purposes of participating in a Course;

2.9 “day” means a working day not including weekends or bank holidays unless the relevant clause says otherwise (e.g. by referring to calendar days);

2.10 “Delivery” in relation to an Asynchronous Online Course or a Synchronous Online Course shall mean when such course and any Course Materials relating to it are made available to you for viewing online and/or for downloading as the case may be;

2.11 The “Documents” means (a) the Booking Form, (b) the KLC Student Protection Plan, (c) the KLC Refunds and Compensation Policy and (d) the Course Handbook, in each case as amended from time to time;

2.12 “Enrolment” means the point at which a legally binding agreement is created under Clause 3.7 and you are allocated a place on a Course;

2.13 “Enrolment Fee” means the non-refundable fee payable on Enrolment by you or an Invoice Addressee in accordance with clause 3.2 and exclusive of any Additional Charges;

2.14 “Fees” means the Enrolment Fee and the Course Fee inclusive of VAT (unless indicated otherwise) and exclusive of any Additional Charges, as applicable;

2.15 “Invoice Addressee” means the name you provide on the Booking Form in relation to the payment of an Enrolment Fee or Course Fee and any Additional Charges (as applicable), where the person or entity responsible for paying these is not you;

2.16 The “KLC Refunds and Compensation Policy” means the refunds and compensation policy (as amended from time to time) approved by the Office for Students and available on the Website;

2.17 The “KLC Student Protection Plan” means the student protection plan (as amended from time to time) that the School is required to have in place as a Higher Education Institute for the purposes of the Higher Education and Research Act 2017, as approved by the Office for Students and available on the Website;

2.18 “Online Course” means either an Asynchronous Online Course or a Synchronous Online Course and if applicable the Course Materials to be provided by the School;

2.19 “Online Student Support Services” means the section of the Website where you can use your log in details to access our services including (but not limited to): Course Materials, virtual classroom(s) where applicable, details of your personal record(s) and bulletin boards to discuss work with other students on your Course;

2.20 “On-site Course” means any part of a Course that takes place face-to-face in an On-site Course (and the Course Materials to be provided by the School if applicable);

2.21 The “Prospectus” means any online or hard copy document that is produced by the School to provide detailed information with respect to a Course covered by these Terms and Conditions;

2.22 The “School” means KLC Limited, known as KLC School of Design, whose registered office is at 503 Design Centre East, Chelsea Harbour, London, SW10 0XF. Its company number is 04278714. “We” and “our” shall be construed accordingly;

2.23 The “School’s Privacy Policy” means the privacy policy available on the Website;

2.24 “Sponsor” means the School acting in its capacity as a sponsor and with the authority to enrol international students under Tier 4 of the UK Points Based System, for the purposes of the School’s UK Visas and Immigration licence;

2.25 “Student Handbook” means the handbook you will receive, following Enrolment and before the Course start date for any Course with a duration longer than 10 days, containing suggestions from the School on how to prepare for and get the most out of your Course. You can access a copy of the Student Handbook through the Online Student Support Services;

2.26 “Student Loan” means a loan issued to you by and in accordance with the separate terms and conditions of a separate loan provider including but not limited to Student Finance England , to cover all or part of the Fee for a Course;

2.27 “Synchronous Online Course” means an online course which is only available for access by you on a pre-determined start date and time. You will be expected to complete a Synchronous Online Course in accordance with a specific timetable for completion which the School will communicate to you;

2.28 “Terms” means these Terms and Conditions and the Documents, as applicable;

2.29 The “University of Brighton” means the University of Brighton based at Mithras House, Lewes Road, Brighton, East Sussex, BN2 4AT. Further details about the University are available here;

2.30 “Website” means https://www.klc.co.uk/ and any associated page as the context requires (e.g. each Course has its own dedicated website page).

2.31 Any reference to “you”, “your” or “yours” means the individual submitting an application to and/or participating in a Course and may include your Invoice Addressee, as the context requires.

2.32 If we have to contact you then we will do so by telephone or by writing to you at the e-mail address or postal address you have provided to us in your application.

2.33 When we use the words “writing” or “written” in these terms, this includes by e-mail.

2.34 Unless the context otherwise requires, words in the singular shall include the plural and those in the plural include the singular.

2.35 Clause headings shall not affect the interpretation of these terms and conditions.

2.36 References to clauses are (unless otherwise provided) references to the clauses of these Terms and Conditions.

2.37 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

2.38 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2.39 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns.

3. Application Procedure

3.1 In order to apply for a Course you must refer to the entry requirements and other Course-related information on the Website for each Course before following the procedure set out on the relevant Website page(s) (as amended from time to time).

3.2 All Courses will require you to complete a Booking Form and pay the Enrolment Fee before you can place an order for a Course.

3.3 Some Courses may require you to complete a form to request and complete a free interview before you will be able to place an order for a Course.

3.4 When you place an order for a Course you are offering to purchase that Course on the Terms.  The School reserves the right to decline or cancel your order or any part of your order except as set out in the Terms including Clause 5 of these Terms and Conditions. We may contact your Invoice Addressee and ask them to disclose any information required to confirm the accuracy of any personal details you have provided to the School as part of your application, if required (except as set out in Clause 18).

3.5 If you already have an online account with the School and would like to purchase an additional Course or Courses, you can purchase the Course(s) through the Website but will not be required to re-register. You can then continue to log onto your account using the e-mail address and password that you entered and created during the first Enrolment process.

3.6 Following receipt by the School of your order for a Course in accordance with the requirements as set out on the relevant Website page(s) and Booking Form, you will receive an e-mail confirming that your order has been received by the School.  Your order will not be confirmed until your offer to purchase has been accepted by the School in accordance with Clause 3.7.

3.7 A legally binding agreement shall not come into existence until the School has accepted your offer to purchase a Course by sending you a separate confirmation e-mail of your acceptance onto a Course, which will be effective upon sending to you at the e-mail address you have provided.

3.8 The School reserves the right to withdraw at any time a Course advertised on the Website and/or the Prospectus prior to the commencement of the Course and except as set out in the KLC Student Protection Plan and KLC Refunds and Compensation Policy.

4. Payment

4.1 Enrolment will only be confirmed once you or an Invoice Addressee has paid the Fees.

4.2 The Fees for any Course may be displayed on the Website and/or the Prospectus.  In the event that Fees quoted on the Website and/or the Prospectus are different to any Fees contained on an invoice sent to you or an Invoice Addressee for payment, the Fees on the invoice will be the correct Fees required to be paid.

4.3 If you have chosen to study a Course that allows you to progress from one part of a Course to another such as from Level 4 to Level 5 of the Foundation Degree, the School reserves the right to reasonably increase the Course Fee e.g. in line with inflation. The School will notify you on Enrolment on to the next Course level, of any increase under this clause.

4.4 The Enrolment Fee is non-refundable but will be deductible from any Course Fee.

4.5 Fees are quoted in pounds sterling inclusive of VAT and exclusive of any Additional Charges unless specifically indicated otherwise.

4.6 If you will be using a Student Loan from Student Finance England to pay any or all of the Fees, your Enrolment will only be confirmed once the School has received confirmation from you of your funding application. If you subsequently fail to attend or study all or part of a Course, all or part of your Student Loan may be reclaimed without prior notice to you by Student Finance England and you will be liable for any outstanding Fees owed to the School.

4.7 Despite clause 4.6, unless you choose to pay the Course Fee using the KLC Instalment Plan (where available), all Fees will be payable by you in full by the due date contained on the Booking Form for the relevant Course.

4.8 The Fees will be invoiced to you by default unless you notify the School on the Booking Form that an Invoice Addressee is applicable for your chosen payment arrangement.

4.9 Any Fees paid will be refunded to you if the School is not able to offer you a place on your chosen Course or as otherwise set out in the Terms. Please see clause 6 for further information on refunds and compensation.

4.10 Except as set out in clause 4.14 and any payment terms contained on the invoice, payment will usually be required within 14 days of the invoice date unless otherwise agreed in writing by the Senior Registrar.

4.11 The provision of the Course is contingent upon the School having received cleared funds from you or the Invoice Addressee in full, subject to clauses 4.1 and 4.14, in respect of the Fees for the relevant Course. You remain liable for full payment until the School has received cleared funds.  If you are funding all or part of the Fees by means of a Student Loan then you will need to make separate arrangements with the relevant loan provider yourself and ensure that the School receives cleared funds in accordance with this clause 4.11.

4.12 Without limiting the School’s rights and remedies under these Terms, if any sum payable to the School is not paid in cleared funds on or before the due date, the School reserves the right to:

(a) suspend or cancel your Enrolment on the relevant Course and refuse you entry, if applicable, without limiting your obligation to pay any Fees under the Terms;

(b) charge interest on any overdue amounts in accordance with clause 19.1;

(c) demand payment from you in full of all outstanding sums due including any instalments under the KLC Instalment Plan; and

(d) claim any extra costs from you, including but not limited to interest on sums due, legal costs and court fees, in the event that the School is required to take legal action against you for unpaid sums.

4.13 As set out in Clause 6 and except as set out in clause 4.9, once you have been enrolled on to a Course and paid the Fees (including making your first payment, if using the KLC Instalment Plan under Clause 4.14), no refunds will be made for cancellation except as set out in the Terms or otherwise agreed in writing by the School.

4.14 For some Courses, the School may at its discretion offer an instalment plan for payment of Course Fees (the “KLC Instalment Plan”).

(a) Where the KLC Instalment Plan applies to a Course the relevant Course Fee will be as set out on the Website and will include details of the number of payments required, the amount of each payment and the due date for each payment. If you are unsure whether the KLC Instalment Plan is applicable to your chosen Course, please contact our Registrars on 020 7376 3377 or at registrar@klc.co.uk.

(b) Except as otherwise set out in the Terms, if you have agreed to pay Course Fees using the KLC Instalment Plan and subsequently fail to attend or cease to study a Course, all outstanding instalments will become immediately payable and in accordance with clause 4.12.

4.15 Where VAT is payable on any fees due under the Terms (including under the KLC Instalment Option), VAT will be charged at the prevailing rate in force at the date a payment is made. The actual total fees payable may therefore increase or decrease accordingly.

4.16 If you have been awarded a KLC Bursary or Scholarship by the School, or another bursary or scholarship by another provider, where applicable, then you will receive this according to the specific terms and conditions applicable to that scholarship or bursary and are responsible for complying with those terms and conditions in addition to these Terms. Details of KLC Bursaries and Scholarships are available on the Website.

4.17 The School may from time to time choose to offer a free trial in relation to its Courses (the “Free Trial”). Any Free Trial will be subject to the Terms insofar as they are applicable, including in relation to any payments due, as well as any terms and conditions notified to you when you sign up for the Free Trial. The Free Trial may only be used once per person.

5. Insurance

5.1 The School strongly recommends that you take out insurance against loss of Fees due to accident or illness. It is your responsibility to inform the School of any pre-existing medical conditions that will or may affect your participation in a Course.

6. Withdrawal, Cancellation, Deferral, Intermission and Transfer Rights

6.1 Without affecting your rights under clause 6.13, or the KLC Student Protection Plan or KLC Refunds and Compensation Policy, the School reserves the right to cancel or withdraw your place on a Course at any time or to decide not to issue you with an award for Validated Courses, for any of the following reasons:

(a) If you have not paid your Fees in accordance with these Terms.

(b) If you have any outstanding debt owed to the School in respect of any other Course.

(c) If you have not met the entry requirements for your Course.

(d) If you fail to supply any requested documentation which is required to confirm your eligibility to apply or pay for a Course (see clause 4.6, for example).

(e) If you submit inaccurate information to the School e.g. as part of your application.

(f) If you fail to take up your place at the start of your Course.

(g) If you fail to attend in accordance with Course requirements.

(h) If you breach any of your obligations set out in the Course Handbook in relation to our academic and personal conduct procedures.

(i) If you are found guilty of a serious criminal offence.

(j) If you are guilty of conduct that is likely to be bring the School into disrepute.

(k) If the running or continuation of your Course or your participation in it becomes unviable or practically impossible for the School or other participants due to your conduct.

6.2 Where the School decides to cancel or withdraw your place under clause 6.1, all outstanding Fees and any Additional Charges will be, or, in relation to clause 6.1(a) and (b) shall remain, payable by you to the School. The School may charge interest where fees are outstanding, in accordance with clause 19.1.

6.3 Without limiting clause 6.1, the Higher Education & Research Act 2017 requires the School as a Higher Education Provider to maintain a student protection plan to protect your interests in the event of a material change that could affect the running or continuation of your Course. The School’s student protection plan has been approved by the School’s regulator (the Office for Students) and forms part of the Terms (the “KLC Student Protection Plan” as amended from time to time).

6.4 The School has also put together a refunds and compensation policy which will apply as part of the Terms and specifically to the KLC Student Protection Plan (the “KLC Refunds and Compensation Policy” as amended from time to time).

6.5 The KLC Student Protection Plan may apply in circumstances including but not limited to, where the School:

(a) Makes a significant alteration to the Course content or delivery, regulations and/or policies.

(b) Has to cancel or discontinue a course other than in accordance with clause 6.1 above.

(c) Is unable to run a course at its studios in Chelsea Harbour.

(d) Loses its status as a, and ability to, Sponsor.

(e) Loses its ability to provide Validated Courses.

(f) Loses its registration with the Office for Students (the School’s regulator).

(g) Is required to close for financial or other reasons.

6.6 You must read the KLC Student Protection Plan and KLC Refunds and Compensation Policy carefully.

6.7 Without limiting the KLC Student Protection Plan and KLC Refunds and Compensation Policy, the School reserves the right to use its absolute discretion to determine whether in exceptional circumstances to make refunds and/or deferrals or to approve your request for Intermission and to charge Additional Charges in any such event, for example to cover the administration costs incurred by the School.  Any such Additional Charges will be communicated to you and/or your Invoice Addressee, as required.

6.8 You may request a deferral of any Course or an intermission (see clause 6.9) where exceptional circumstances apply and you can support your request with evidence e.g. documentary evidence.  Exceptional circumstances will be determined at the School’s absolute discretion and may include:

(a) Personal accident or sickness;

(b) Close family accident or sickness;

(c) Bereavement;

(d) Maternity/paternity leave;

(e) If you are a non-EU or non-EEA student and through no fault of the School’s have been unsuccessful in obtaining a visa to study in the UK;

(f) If you are a non-EU or non-EEA student who has applied for a study visa to come to the School and the School has subsequently lost its status as a Sponsor; or

(g) If you have submitted a written request no less than 8 weeks before the Course start date and the Course duration is for more than 10 days.

6.9 If you are unable to continue your studies due to any of the exceptional circumstances set out in clause 6.7(a)-(d) or as otherwise agreed by the School in writing, you may apply to take an intermission from your studies as set out in the University of Brighton's General Examination & Assessment Regulations (“Intermission”). Further details are available here. If you have to repeat any or part of your Course to enable you to take an Intermission (or to successfully complete a Module):

(a) Re-joining the Course will depend on availability.

(b) You will need to pay the Course Fee pro rata for that portion of the Course that is being repeated. Your Enrolment Fee will be included towards any Course Fee due.

(c) Intermission will not affect your obligation to pay any Fees due under the Terms.

(d) The effective date of your Enrolment on the Course will not be affected and will be the original date of your Enrolment.

6.10 Where the School exercises its discretion under clause 6.8:

(a) An approved deferral period will be agreed subject to the:

(i) Availability and start dates of the relevant Course; and

(ii) If applicable, the Course registration period set out in your Course programme specification which you can find in the Course Handbook and on the Website.

(b) Payment of Fees (or any payments due under the KLC Instalment Plan) must be up to date at the time of your request.

(c) In addition to clause 6.10 (a) and (b) above:

(i) For a deferral under clause 6.8(e), the School will either transfer the Enrolment Fee to a future start date for the same Course (subject to availability) or refund the Enrolment Fee less any Additional Charge for administrative costs.

(ii) For a deferral under clause 6.8(f), the School will refund the cost of the study visa application and any Fees in accordance with the KLC Refunds and Compensation Policy.

(iii) For a deferral under clause 6.8(g), the School will transfer your Enrolment to a future start date for the same Course (subject to availability).

6.11 In addition to clause 6.10(b), if you request a deferral under clause 6.8(e), you must:

(a) Provide written notice to the School no less than 15 days before the Course start date; and

(b) Submit a copy of the letter or other written confirmation you receive from the relevant authorities as proof of your visa being declined, within 5 days of receiving it from the relevant authorities.

6.12 You are not permitted to transfer your Enrolment on a Course to any other person under any circumstances.

6.13 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”) you may cancel your purchase of a Course within a period of 14 calendar days (“Cancellation Period”) from the day after the date on which the contract is concluded with a full refund except that the requirements under clauses 6.18, 6.19 and 6.20 will apply.

(a) Your right to cancel and obtain any refund will be lost if you have given the School express consent to supply any services during the Cancellation Period and the service has been fully performed.  If express consent has been given but the service is only part performed, you will be liable to pay for the services actually received.

(b) If the contract is for the supply of digital content including but not limited to an Online Course your right to cancel and obtain any refund will be lost if you have given the School express consent to make Delivery of the digital content to you during the Cancellation Period or if you access the digital content before the expiry of the Cancellation Period.

(c) For further details of your rights under the Consumer Contracts Regulations you can visit your local Citizens' Advice Bureau or visit the Competition and Markets Authority website.

6.14 In addition to your rights under clause 6.13 above, you may cancel the following Courses as follows:

#

Course

Type (Full Time “FT” or Part Time “PT” or Online or On-site or Open learning)

Cancellation or Withdrawal

1

Virtual Work Experience

Online

Cancellation subject to clause 6.13(b)

2

Short Course (one week or less)

On-site

Written notice to the School not less than 4 weeks before the Course start date

3

Introduction to Interior Design Course

FT or PT

Written notice to the School not less than 4 weeks before the Course start date

4

Introduction to Interior Design Course

Online

Cancellation subject to clause 6.13(b)

5

Introduction to Garden Design Course

FT or PT

Written notice to the School not less than 4 weeks before the Course start date

6

Introduction to Garden Design Course

Online

Cancellation subject to clause 6.13(b)

7

BA (Hons) Interior Design

FT or Online

Written notice to the School not less than 8 weeks before the Course start date subject to clause 6.13(b)

8

Diploma HE Interior Design

FT or PT

Written notice to the School not less than 8 weeks before the Course start date

9

Foundation Degree Interior Design

 

FT or Online

Written notice to the School not less than 8 weeks before the Course start date subject to clause 6.13(b)

10

Diploma Garden Design

PT

Written notice to the School not less than 8 weeks before the Course start date

11

Diploma Garden Design

Open learning

Written notice not less than 28 days following Enrolment

12

Certificate Interior Design

FT or PT

Written notice to the School not less than 8 weeks before the Course start date

13

Certificate Interior Design

Online

Written notice not less than 28 days following Enrolment

6.15 Cancellation of your place on a Course under clause 6.14 will require separate confirmation by the School and the School will normally refund any Course Fees paid excluding the Enrolment Fee and subject to Additional Charges, at its sole discretion.

6.16 You should contact the School as soon as possible if you would like to cancel your place on a Course.

6.17 Where you cancel or withdraw under clause 6.14 above and are the beneficiary of a scholarship or bursary, you acknowledge that you may have to repay that scholarship or bursary to the School or to the appropriate provider.

6.18 Where you cancel or withdraw from a Course, or the School decides to do so, you must return any Course Materials you may have received from the School in a reasonable and (as far as possible) resaleable condition, without undue delay and not later than 14 calendar days after you inform the School of the cancellation or withdrawal, or the School informs you of its decision to do so.  You will have to pay the cost of returning any goods to the School unless the School has informed you that it was unable to run the Course.

6.19 Where a refund of all or part of your Fee is payable:

(a) The School reserves the right to withhold payment until all Course Materials have been returned as set out in Clause 6.18.

(b) Refunds will be made using the same method of payment as was used for the purchase of the Course and will be paid within 14 days of the School being informed of the cancellation.

6.20 Your place on the following Courses will be deemed to be cancelled in the following circumstances (“Deemed Cancellation”):

#

Course

Type (Full Time “FT” or Part Time “PT” or Online or On-site or Open learning)

Deemed Cancellation

1

Diploma Garden Design

Open learning

If you do not complete the Course within 5 years of the date of Enrolment

2

Certificate Interior Design

Online

If you do not complete the Course within 3 years of the date of Enrolment

6.21 Deemed Cancellation will not limit your obligation to pay any fees due under the Terms.

7. Handbooks

7.1 Following successful Enrolment the School will normally provide you with a Course Handbook and/or a Student Handbook, as follows:

(a) You will receive a Course Handbook when you begin a Course, usually on the Course start date, setting out details of the Course and the School’s rules and regulations. These will apply as part of the Terms as well as any other terms notified to you by the School from time to time. You can access a copy of the Course Handbook through the Online Student Support Services.

(b) You will receive a Student Handbook following Enrolment and before the Course start date, for any Course with a duration of longer than 10 days, containing suggestions from the School on how to prepare for and get the most out of your Course. You can access a copy of the Student Handbook through the Online Student Support Services.

7.2 The School expects you carefully to read the Course Handbook and the Student Handbook, if applicable, and ensure that you understand any obligations contained in them. If you have any questions or concerns then please contact the School as soon as possible.

8. Course Materials

8.1 Where hard copy Course Materials accompany a Course, these Course Materials will be made available to you at the relevant premises where the On-site Course is to take place and at the relevant time.

8.2 Risk of damage to, or loss of, any Course Materials, or any physical media on which Course Materials are stored, shall pass from the School to you on Delivery.  Ownership of the Course Materials will pass to you on the later of receipt of payment by the School in full of all sums due to the School in respect of the Course Materials, and, Delivery of the Course Materials to you.

9. Online Student Support Services

9.1 If you purchased your Course online, upon receipt of a confirmation e-mail from the School confirming your purchase, your online account will be activated and you will be able to log in to Online Student Support Services using your e-mail address and the password you created.

9.2 In some cases, you may need to activate your online account before you will be able to log in, using your first name, surname and student number. A password will be sent to the e-mail address you provided on the Booking Form.

9.3 Your log-in details are confidential. You are responsible for keeping your log-in details secure and you must not share these with anyone else.

10. Online Courses

10.1 In relation to Online Courses only, the following points apply:

(a) If you have purchased an Online Course you will be able to access the Course through Online Student Support Services and the Course will be made available to you for the duration of the Course, unless any such Online Course is removed or the School notifies you otherwise.

(b) The receipt of an Online Course is personal to you and you may not transfer your rights to access the Online Course or provide an Online Course to any other person.

(c) You may incur charges to your internet service provider while you are accessing and/or downloading an Online Course.  Charges may also be payable to third parties for use of the software necessary to access and/or download the Online Course.  You are responsible for paying these charges and the School will not be responsible for any technical issues you may encounter with any third party software or services.

11. On-site Courses

11.1 In relation to On-site Courses only, the following points apply:

(a) You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which On-site Courses are provided.

(b) You must only use the premises at which On-site Courses are provided for the purposes of participating in On-site Courses.

(c) Your personal possessions are your sole responsibility and the School accepts no responsibility and/or liability for anything that is lost or stolen from its venues. You are advised to avoid bringing any items of special value onto the School’s premises and to keep your possessions with you at all times.

(d) Under no circumstances can a child or children be brought to a Course. The School does not have crèche facilities and is not able to accommodate children at its premises or any venue or premises used for the purposes of delivering a Course.

(e) The School shall provide such facilitators and trainers to run the On-site Courses as it, in its sole discretion and using reasonable care and skill, deems fit and the School shall be entitled at any time to substitute any facilitator or trainer with any other person who the School deems suitably qualified to facilitate the relevant On-site Course.

(f) You are expected to sign in at reception each morning for a On-site Course, as required.

(g) You acknowledge that the School operates a zero tolerance policy in relation to inappropriate behaviour of Course participants.  In particular, abusive or violent behaviour directed at the School’s staff or other Course participants and unfair or dishonest practices including but not limited to cheating, will not be tolerated under any circumstances.  The School may at its reasonable discretion and without liability or an obligation to refund Fees, refuse to supply any On-site Course to any participant and may refuse to admit, and may remove from any School premises or premises used for the purposes of delivering a Course, any individual whose participation in any On-site Course would, in the School’s reasonable opinion, be undesirable or whose behaviour the School considers is or may be in breach of the Terms.

(h) If the School takes any steps to refuse to supply to, admit, or remove, you as set out in clause 11.1(g), the School may at its sole and absolute discretion allow you the opportunity to appeal its decision.  The relevant procedure for doing so is set out in the Course Handbook.

12. System Requirements

12.1 Please note that it is your responsibility to check that the computer you plan to use to access the Online Student Support Services and/or Online Course is compatible with the minimum specification requirement that relates to the Course you are ordering from time to time. You acknowledge and accept that the School cannot be held responsible for any technical problems you encounter following the purchase of a Course.

13. Technical Support and Access

13.1 You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website including the Online Student.  Further you accept that the School will not be responsible for any delay or disruption as a result of any periods of downtime and you will not have a claim for breach of contract or otherwise in respect of such period(s) of unavailability.

13.2 The School will use reasonable endeavours to make Online Courses available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. The School reserves the right to suspend access to the Website including the Online Student Support Services for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.

13.3 You also accept and acknowledge that the School cannot be held responsible for any delay or disruptions to your access to an Online Course as a result of such suspension or any of the following:

(a) the operation of the internet and the World Wide Web, including but not limited to viruses;

(b) any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course;

(c) failures of telecommunications links and equipment; or

(d) updated browser issues.

14. Warranties

14.1 By submitting your application to a Course, completing the Booking Form and paying the Fees you agree that:

(a) the information provided in your application to a Course is accurate to the best of your knowledge at the time of your application and that you will inform the School should any circumstances change that do or might affect your eligibility to participate in a Course;

(b) you will promptly inform the School in the event that your personal or contact details change; and

(c) you will be available to begin the Course at the stated date and for the duration of your Course (except as set out in these Terms).

14.2 Once your application is successful and a Course has begun, the School expects you to be responsible for:

(a) managing your participation in the Course including attending On-site Courses and/or completing Online Courses as applicable;

(b) ensuring that you catch up with any information missed if you did not attend an On-site Course or Online Course (please also refer to the Course Handbook); and

(c) tracking your progress and completing the Course within the course dates indicated to you at enrolment.

14.3 Whilst we endeavour to ensure that the content which we produce is comprehensive, accurate and up-to-date, the School does not make any representation, guarantee or commitment to you that Course Materials will be free of errors.

14.4 The School does not make any commitment that Online Courses will be compatible with or operate with your software or hardware.

14.5 All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.

15. Limitation of liability

15.1 The School will not be liable for business losses. We only provide goods and services in connection with the Courses and any Course Materials for your personal use. If you use the Courses or Course Materials for any commercial or business purposes then we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.2 The School will be responsible to you for foreseeable loss and damage caused by us.  If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the application process.

15.3 The School will take care when marking or reviewing any work you submit to us as part of your Course but will not be responsible for any loss or damage to any work submitted.

15.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes for any implied terms in respect of goods and digital content under the Consumer Rights Act 2015 (as amended), for liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

15.5 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.  However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

15.6 The School is not responsible to you for any data that you lose either (a) as a result of accessing an Online Course, (b) during completion of any Online Course or (c) as a result of accessing Online Student Support Services.  It is your responsibility to ensure that you regularly save and back up all data (if any) that you hold on the computer from which you are accessing the KLC Online Student Support Services and /or that you are inputting when completing an Online Course.

15.7 The School will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond the School’s reasonable control.  This condition does not affect your statutory rights.

15.8 Each provision in this agreement shall be construed separately as between you and the School.  If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part of it was deleted, the provision shall apply but with any modification necessary to make it valid and effective.

15.9 The School will use its reasonable endeavours to deliver your Course in accordance with the description given on the Website and/or in a Prospectus at the date of its commencement.  However, the School reserves the right to make any variations to a Course which it reasonably considers to be necessary except as set out in clause 6 including (without limitation):

(a) to reflect changes to the theory in an area of research or practices around the subject or its delivery;

(b) as a result of a commissioning or accrediting body requiring certain content to be added to or changed within your Course; and/or

(c) if your educational experience would be or would be likely to be impaired if changes were not made to the Course.

15.10 Any changes the School makes to a Course in accordance with clause 15.9 will also be made with reference to the KLC Student Protection Plan and the KLC Refunds and Compensation Policy.

16. Disclaimer

16.1 Courses are for training purposes only.  The School will not accept any responsibility to any party for the use of the tuition provided and/or the contents of Course Materials for any purpose other than training for educational purposes including for any advice provided to a third party.

17. Intellectual property

17.1 At all times, the School and/or its licensors, remain the owner of the intellectual property in all Courses and Course Materials.  No Course and/or Course Materials, nor any part thereof may be reproduced, stored in a retrieval system or transmitted, communicated, broadcast or made available to any third party in any form or by any means without the prior written permission of the School.

17.2 In consideration of receipt by the School of the Fees, the School grants to you a non-exclusive, non-transferable licence to use the Course Materials which the School has provided to you for the sole purpose of studying for the relevant Course.

17.3 Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, communicate to the public, disseminate or distribute in any way any Course Materials.

17.4 Use of Course Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either the School’s copyright or other intellectual property rights and/or the copyright or other intellectual property rights of the School’s licensors.

17.5 If the School removes you from a Course under Clause 11.1(g) of this agreement the licence to you to use Course Materials set out in Clause 17.2 shall automatically and immediately terminate.

17.6 You agree to grant to the School in respect of any work produced by you during a Course, a worldwide, non-exclusive, perpetual, royalty-free licence to copy and display such work for promotional purposes only.

18. Data protection

18.1 The School will comply with all relevant data protection legislation. Please refer to the School’s Privacy Policy for further information.

18.2 The School is under a statutory obligation to the Higher Education Statistics Agency (“HESA”) to provide your personal data to HESA. For further details of how HESA will collect, record and use your personal data please refer to the HESA website.

19. General

19.1 If you do not make any payment to the School by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

19.2 If you think an invoice is wrong then please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoices sums from the original due date.

19.3 The School reserves the right to recover any reasonable debt collection costs in connection with the Terms.

19.4 The School may update or amend these Terms and Conditions from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

19.5 Subject to the KLC Student Protection Plan and the KLC Refunds and Compensation Policy, prior to making any change to the Terms and Conditions which would, in the School’s reasonable opinion, result in you receiving a materially different service to that which you agreed when applying for a Course (a “Substantial Change”), we will notify you.

19.6 Except as otherwise set out in the Terms, if any change we propose would amount to a Substantial Change, you will be given the opportunity to withdraw from the Course without further liability by giving the School written notice within 14 days of being notified of such Substantial Change.  Where you have so notified the School that you wish to withdraw from a Course, the School will refund in full any Fees already paid (or any instalment where the KLC Instalment Plan applies).  The School accepts no liability for any remedy, damages or compensation beyond this.

19.7 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.

19.8 The School may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions to any third party at its discretion.

19.9 No relaxation or delay by the School in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by the School in writing.

19.10 If any of these Terms and Conditions is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.

19.11 Any notices required to be served on you by the School under these Terms and Conditions will be deemed properly served if sent via prepaid postage to the postal address, or e-mailed to the e-mail address, notified to us by you, at the School's discretion.  Any notices required to be served on the School by you will be deemed properly served if sent to the addresses contained in Clause 20.

19.12 A notice delivered personally is deemed to be given on the day on which it was left at the specified address.  A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender.

19.13 The agreement between you and the School which is comprised in the Terms is not intended to be for the benefit of any third party and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.

19.14 The School’s complaints procedure is available here (https://www.klc.co.uk/Admissions/Terms/ComplaintResolution/) and includes details of how to make a complaint in relation to a Validated Course.

19.15 This agreement shall be governed by and construed in accordance with the laws of England and Wales including in respect of any non-contractual obligations.  All claims, disputes or other matters in question between the parties related to or arising out of this agreement, including in relation to any non-contractual obligations, shall be subject to the exclusive jurisdiction of the English Courts.

20. Contact

20.1 Our postal address is: KLC School of Design, 503 Design Centre East, Chelsea Harbour, London SW10 0XF

20.2 Our telephone numbers are:

(a) Reception: 020 7376 7400

(b) Course enquiries: 020 7376 3377

20.3 Our e-mail address is: info@klc.co.uk

DECLARATION:

I have read and agree to the Terms and Conditions set out above.