IWS Online School Terms and Conditions
Last Updated: 01.08.2024
1. Background
These Terms and Conditions govern the enrolment of students in IWS Online School's educational programmes. By ticking the box at the end of the enrolment form, the Parent or Guardian, who is over the age of 18 and completes the form, hereby accepts and agrees to be bound by these Terms and Conditions.
2. Identification of the Website Owner
Institution Name: IWS Online School LTD
Address: East Wing Turkey Court, Turkey Mill, Maidstone, England, ME14 5PP
Company Number: 14794517
Telephone: +44 (0) 20 3867 9961
Email: admissions@iwschool.co.uk
URL: https://iwsonlineschool.co.uk/
3. Legal Compliance and Purpose
In accordance with the Electronic Commerce (EC Directive) Regulations 2002, the Electronic Commerce (Amendment etc) (EU Exit) Regulations 2019, the Data Protection Act 2018, and the UK GDPR, this notice provides our identifying details and informs users of the terms governing the use of our website and the conditions of enrolment at IWS Online School.
4. Definitions
In these Terms and Conditions, the following definitions apply:
Agreement: The contract between IWS and the Customer in respect of an enrolment, comprising these terms and conditions.
Business Day: Any day other than a Saturday, Sunday, or public holiday in England.
Charges: The fees payable by the Customer for the Services.
Educational Services: The provision of online education courses by IWS.
Enrolment: The registration of a Pupil for specific course(s) from the Educational Services.
Enrolment Form: The form completed by the Parent or Guardian to register the Pupil for the Educational Services.
Registration Charge: A non-refundable £200 fee for administrative purposes.
Deposit: A refundable amount of 10% of the total fee, contingent upon adherence to all school policies.
Customer: The Parent or Guardian, over the age of 18, who completes the enrolment form and agrees to these Terms and Conditions.
Pupil: The student who is enrolled in the course.
5. Terms and Schedule
5.1 The Agreement shall commence on the date of the Customer's acceptance of these Terms and Conditions, as indicated by ticking the box at the end of the enrolment form, and will continue for the duration specified, unless terminated earlier in accordance with these Terms and Conditions.
5.2 IWS shall supply the educational services as scheduled once the enrolment form is submitted.
5.3 IWS does not guarantee specific examination results or admission to other educational institutions.
5.4 The Customer is responsible for sourcing and enrolling the Pupil for examinations at their own cost.
6. Supply of Services
6.1 IWS shall supply the Services during the academic term, which includes the periods when classes are in session, excluding school holidays and breaks.
6.2 IWS shall perform the Services with reasonable care and skill, complying with applicable laws and regulations.
7. Customer Warranties
The Customer warrants that:
7.1 They are over 18.
7.2 They can legally bind themselves and the Pupil to this Agreement.
7.3 They have the necessary consents to enter into this Agreement.
7.4 They will abide by all relevant IWS rules and policies.
8. Identification
The Customer agrees to provide appropriate Pupil identification as part of the enrollment process or as required by IWS.
9. Charges and Payment
9.1 Fees shall be paid as agreed, either in full or in instalments, as selected by the Customer on the enrolment form.
9.2 If the instalment payment option is selected, an initial payment comprising the first instalment, a deposit equal to 10% of the total fees and, and the non-refundable registration fee of £200 is required before the commencement of services. The deposit is refunded after all outstanding payment is made. For upfront payments, no deposit is required.
9.3 All payments shall be made via bank transfer or by debit/credit card, which may incur a 3% processing fee.
9.4 Charges include VAT at the prevailing rate.
9.5 Overdue payments will incur interest at 4% above the Bank of England's base rate.
9.6 The enrolment form can be submitted only if the payment is successfully checked out.
10. Liability
10.1 The Services are provided for domestic and private use only. The Parent agrees not to use the Services for any commercial or business purposes.
10.2 IWS shall not be liable for any student's academic failure, failure to gain admission to another institution, death, injuries, or any other damages arising out of or in connection with this Agreement or the use of the Services.
10.3 To the fullest extent permitted by law, IWS shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement or the use of the Services by the Parent or the Student, even if such damages were foreseeable.
10.4 IWS shall not be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay is due to causes beyond IWS's reasonable control, including but not limited to acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction, accident, breakdown of plant or machinery, fire, flood, storm, or default of suppliers or subcontractors.
10.5 Notwithstanding the above limitations, nothing in this Agreement shall exclude or limit IWS' liability for:
10.5.1 Fraud or fraudulent misrepresentation;
10.5.2 Any other liability which cannot be excluded or limited by applicable law.
10.6 The Customer shall indemnify and hold IWS harmless against all liabilities, costs, expenses, damages, and losses suffered or incurred by IWS arising out of or in connection with the Customer’s or the Pupil’s use of the Services or breach of this Agreement.
11. Data Protection
11.1 IWS will process personal data in accordance with the Data Protection Act 2018 and the UK General Data Protection Regulation.
11.2 The personal data collected from the Customer and the Pupil will be used solely for the purposes of providing Educational Services, processing enrolment, and administering the Customer's and Pupil's relationship with IWS.
11.3 IWS will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including protecting personal data from unauthorised access, accidental loss, destruction, or damage.
11.4 The Customer has the right to request access to, rectification or erasure of personal data, restriction of processing, object to processing, and data portability. Requests should be made in writing to the Data Protection Officer at dpo@iwschool.co.uk.
11.5 Personal data will be retained for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements.
11.6 IWS may share personal data with third parties only when necessary to fulfil the purposes outlined in these Terms and Conditions or as required by law. Any third parties are obligated to keep personal data confidential and secure and to use it only for the specified purposes.
11.7 For detailed information on how personal data is processed and protected, please refer to the IWS Privacy Policy available on the IWS website.
12. Modifications
12.1 All requests to modify the Services must be submitted in writing by the Customer to IWS.
12.2 IWS reserves the right to decline any modification requests at its sole discretion.
12.3 The Customer is permitted to request up to two modifications to the Services per academic year without additional charges. Any subsequent modification requests will incur an administrative fee of £50 per request.
12.4 Any additional courses or changes to the Services that result in extra charges must be paid for in full before the modifications are implemented.
13. Lesson Cancellation
13.1 If IWS cancels a lesson, it will either provide a substitute lesson or make the lesson available as a recorded session.
13.2 Lessons missed by the student will be recorded and made available for later access.
13.3 No refunds will be issued for cancelled lessons.
14. Uncontrollable Circumstances
14.1 IWS shall not be held liable for any delays or failures in performing its obligations under this Agreement if such delays or failures result from circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction, accident, breakdown of plant or machinery, fire, flood, storm, or default of suppliers or subcontractors.
14.2 If the Services are affected by such uncontrollable circumstances for a period exceeding thirty (30) days, either party shall have the right to terminate the Agreement by providing written notice to the other party.
15. Severance
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by a court or other competent authority in England and Wales, such provision shall be deemed severed from the Agreement, and the remaining provisions shall continue in full force and effect.
16. Notices
16.1 All notices under this Agreement must be in English and sent either by 1st class signed-for post or by email to the respective addresses provided by the parties.
16.2 A notice period of three (3) months is required for any termination or withdrawal, as specified in this Agreement.
17. Termination and Withdrawal
17.1 Termination by IWS: IWS reserves the right to terminate this Agreement immediately by providing written notice to the Customer in the event of non-payment, material breach of the Agreement, or other specified reasons.
17.2 Termination by the Customer: Only the official Parent or Guardian may terminate this Agreement. The Customer may terminate this Agreement by providing written notice to IWS at least three (3) months prior to the intended termination date. Such notice must be sent either by email to the official email address of IWS or by 1st class signed-for post to the official postal address of IWS.
17.3 Upon termination by the Customer, all outstanding payments must be settled. The Customer is obligated to pay the fees for the three-month notice period following the issuance of the termination notice.
17.4 Any paid deposit will be refunded after all outstanding payments have been made and the termination process is complete.
17.5 No refunds will be provided for any fees already paid upon termination by the Customer.
18. Law and Jurisdiction
18.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
18.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
19. User Agreement and Acceptance
By accessing the IWS website, you accept and agree to be bound by these Terms and Conditions, our Privacy Policy, and our Cookie Policy. If you disagree with any part of these terms, please do not use our website. Accessing the website does not establish a business relationship with IWS Online School.
20. Security and Data Protection
20.1 We employ technical and organisational measures to safeguard personal data. However, we cannot guarantee absolute security due to the inherent nature of the internet.
20.2 Users must provide accurate personal data when required. Personal data will be processed in accordance with our Privacy Policy and applicable regulations.
21. Intellectual Property Rights
21.1 IWS Online School holds the intellectual and industrial property rights for the website and its content. Users are not granted any rights to the content without explicit permission and must not alter, reproduce, or exploit the content without authorisation.
22. External Links
22.1 Our website may contain links to third-party websites for informational purposes. We are not responsible for the content or accuracy of these external sites. Users should review the privacy policies of any linked sites they visit.
23. Use of Cookies
23.1 We utilise cookies to enhance user experience and personalise content. Detailed information is available in our Cookie Policy.
24. Liability Disclaimer
24.1 The website and services are provided `as-is` without any warranties. We do not guarantee uninterrupted or error-free service. We are not liable for any damages arising from the use or inability to use the website or services.
25. Data Collection and Usage
25.1 IWS Online School collects information from pupils and parents via the website, during the admissions process, and throughout the educational period. Information may also be collected from third parties such as previous schools, social services, local authorities, and the Department for Education (DfE).
25.2 Collected information may include:
- Name, email address, postal address, telephone number, and other contact details
- Date of birth
- Characteristics such as ethnic background or additional educational needs
- Proof of identification
- Bank details and other financial information
- Academic records including test and examination results
- Details of any support received, including plans and support providers
- Pupil behavioural records
- Attendance records
- Safeguarding records
- Health information
- References from previous and future education providers
- Correspondence between IWS Online School and pupils and/or their parents
25.3 We use this information to provide educational services, ensure student safety, administer finance, monitor progress, and for other related purposes.
26. Contact Information
26.1 For any questions or comments about these Terms, please contact us at:
Email: admissions@iwschool.co.uk
Postal Address: IWS Online School, East Wing Turkey Court, Turkey Mill, Maidstone, England, ME14 5PP
27. Revisions to Terms
27.1 We reserve the right to update these Terms at any time without prior notice. Users are encouraged to review these Terms regularly. The last update was on 01.08.2024.
28. Acceptable Use and Restrictions
28.1 Users must not use the website for any illegal purposes or in any way that could harm third-party rights or the website’s functionality. Misuse may result in liability for damages.
29. Registration and Account Security
29.1 Certain services on our website may require user registration. Users agree to provide accurate and current information during registration. Users are responsible for maintaining the confidentiality of their account details and are liable for any activities under their account.
30. Amendments to Terms and Conditions
We reserve the right to revise these terms and conditions at any time without prior notice.
Last updated: 01.08.2024