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Terms of trading

TERMS AND CONDITIONS OF TRADING

 OF

 CALAMUS EXTENSION COLLEGE LTD.

1          DEFINITIONS

1.1        "Buyer" means the individual or organisation who buys or agrees to buy the Services from the Supplier

1.2        "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3        "Contract" means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions

1.4        "Services" means the services that the Buyer agrees to buy from the Supplier;

1.5        "Supplier" means Calamus Extension College Ltd. of 27 Old Gloucester Street, London, WC1N 3XX, United Kingdom that owns and operates www.unicalamus.org 

1.6        "Terms and Conditions" means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;

1.7        "Website" means www.unicalamus.org or any other web address that points to the same domain. The current alternative URLs are www.unicalamus.com and www.calamus.ws

2          CONDITIONS

2.1        Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2        These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3        Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

2.4        Any complaints should be addressed to the Supplier's address stated in clause 1.5.

2.5        Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.

3          ORDERING

3.1        All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.

3.2        When making an order through the Website, the technical steps the Buyer needs to take to complete the order process will be described.  At present we do not take orders directly through the website but we invoice when we receive a completed application form by email or post.

4          PRICE AND PAYMENT

4.1        The price of the Services shall be that stipulated on the Website or for non-website orders shall be the latest price quoted to the Consumer.

4.2        If we provide a shopping cart, the total purchase price, including VAT, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. At present no shopping cart is provided.

4.3        After the order is received the Supplier shall confirm by email the details, description and price for the Services together with information on the right to cancel if the Buyer is a Consumer

4.4        Payment of the price plus VAT, if applicable, must be made within 7 days of the date of the invoice. Payment must be made without deduction or set-off.

4.5        Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.

5          PERFORMANCE

5.1       The Supplier shall begin to perform the Services from the agreed start date of registration for the relevant course as detailed in the letter of enrolment, or for any other service, from the sate agreed with the Customer.

5.2       The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

5.3       The Services comprising educational courses or tuition are subject to an initial contract period (known as the registration period) as stipulated in the letter of enrolment and shall continue thereafter on a six-monthly or annual basis unless and until terminated due to completion of the course. If the Consumer decides to continue with the course after the initial registration period then continuing registration fees will be due immediately.

5.4       Subject to clause 5.3, either party may terminate this agreement (as regards some or all of the Services) at any time for any reason by giving to the other 30 days written notice, and any payment due remains payable and, if already paid, will be refunded.

5.5       The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Buyer breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.

6          RIGHTS OF SUPPLIER

6.1        The Supplier reserves the right to periodically update fees or prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

6.2        The Supplier reserves the right to withdraw the Services from the Website at any time.

6.3        The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.

7          AGE OF CONSENT

7.1        Where the Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Services.

7.2        If the Supplier discovers that the Buyer is not legally entitled to order certain Services, the Supplier shall be entitled to cancel the order immediately, without notice.

8          CANCELLATION

The Buyer has the right to cancel the Contract, by notice in writing, at any time before seven working days has passed from the day after the Contract was made. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.

9          GIFT VOUCHERS

9.1        In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:

9.2       Gift vouchers will be dispatched within 3 days of acceptance of order and will be delivered by e-mail. Payment must be made within 24 hours of order by PayPal, Google Checkout or BACS transfer from a UK bank account..

9.3       The Buyer must notify the Supplier of any discrepancy in a delivery as soon as possible but in any event within 7 days of the delivery of the vouchers.

9.4       Risk of loss, destruction or damage to the vouchers remains with the Supplier until delivery to the Buyer where upon risk shall pass to the Buyer.

9.5       Gift vouchers may be exchanged towards distance learning course tuition fees at Calamus Extension College Ltd. subject to availability of the course and to the College's acceptance of the student for that particular course. Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Supplier has been in error in fulfilling the Buyer's order. Gift vouchers are issued for a named student and a named course only and are not transferable to any other person or to any other course of study.

9.6       Gift vouchers are valid for 12 months from the date of purchase subject to availability of the course and cannot be renewed once they have expired. Vouchers cannot be replaced if lost or damaged.

10        LIMITATION OF LIABILITY

10.1     Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

10.2     Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

11       WAIVER

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.

12       FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.

13       SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14        CHANGES TO TERMS AND CONDITIONS

14.1     The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

14.2      Any renewal of the Services will be subject to the Supplier's then current Terms and Conditions.

 15        GOVERNING LAW AND JURISDICTION

             These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive
             jurisdiction of the English courts.

 SCHEDULE

           Special Conditions Regarding Provision of Course Tuition and Awards
(Orders nor processed via this website but processed via email and/or post)
 

A. REFUND POLICY

 

In compliance with the EU Distance Selling Directive and Consumer Protection (Distance Selling) Regulations 2000.

 

This law and the rights detailed below apply to all transactions within the UK for customers in the UK and the EU, where the customer does not meet the seller in person. Sales from one business to another are not controlled by these regulations. If you are a self-employed professional, and you have enrolled on one of our courses for professional development purposes, we interpret that to be a business-to-business transaction.

 

The law allows you a 7-day “cooling off” period. During that time you have the right to cancel your contract and to obtain a full refund.  The 7 days will begin from the time you receive our confirmation of your enrolment. During that time you may cancel without a reason. Let us know by the quickest means: email, fax, telephone (we will return the call if you reach our voicemail and leave your number – but landlines only please, no mobiles.)  Please also confirm your request by letter sent by regular mail to our postal address in London. If you claim a refund within the 7-day “cooling off” period we will let you have that refund within 30 days.

 

Any refunds of moneys paid by PayPal or Google Checkout will be returned to the payer's respective PayPal or Google Checkout account. Any payments made by bank transfer will be returned to the originating bank account.

 

However, the regulations allow that if the order is for specially personalized goods, the right to cancel a purchase does not apply. If, for example, we have arranged an honorary award comprising a personalized certificate, or you are ordering a personalized product available to alumni, or a set of duplicate transcripts, the “cooling off” period will not apply.

 

If you are outside the UK or EU there is no legal obligation for us to make any refund. Please ensure you are committed to the course before you enroll.

 

B. CANCELLATIONS OR INTERRUPTIONS AFTER THE COOLING OFF PERIOD

 

After the “cooling off” period, there is no obligation for us to make any refund.  Our services (provision of course materials and tutorial support) will be available for you during your registration period and for any longer period that we have agreed. If you do not exercise your right to use those services, then that does not entitle you to a refund. If you need to suspend your studies for any reason, it is your responsibility to let us know as soon as possible, and we will give you any appropriate advice. At our discretion, we can decide to lengthen the registration period for a specified time without further charge.

 

C. NATURE OF OVERSEAS DEGREE COURSES

 

Calamus Extension College Ltd. arranges enrolment and tuition towards overseas (non-UK) degrees awarded by Calamus International University, which is registered in the Republic of Vanuatu. The University is not accredited by any government or parastatal body. The awards are not intended to be the equivalent of UK qualifications for any professional or career or immigration purpose and it is the student's responsibility to ensure that the eventual qualification meets his/her needs and to make any necessary enquiries from relevant bodies before enrolling.

 

By enrolling for any degree programme the student acknowledges that he/she is aware that the programme leads to a non-UK qualification and is not intended to be the equivalent of a UK qualification. The student also confirms that the eventual qualification or designatory letters will not be used in a way that might give the misleading or incorrect impression that it is a UK qualification. If the student is on a doctoral programme he/she confirms by enrolling on the programme that he/she understands it is a non-UK and non-medical doctorate and undertakes not to use the qualification in a way that might give the misleading or incorrect impression that it is a UK qualification or the incorrect impression that the holder is medically qualified or of similar standing.

 

Tuition may be arranged by email with a tutor who is based outside the UK and/or who has one or more degrees from a non-UK university which may or may not be accredited by a government-approved body.

 

Calamus Extension College Ltd. does not award degrees of any kind and cannot do so according to UK law. However, it can award private certificates and diplomas which are UK qualifications.

 

D. MODULAR PAYMENTS

 

Subject to acceptance, we can approve a modular payment plan which means that your period of study is divided into several smaller periods, and each period is charged for separately. If you are on a modular payment plan, each period has a separate invoice and 7-day cooling-off period.  If you decide to withdraw from the course, we will not invoice you for any further study periods after you tell us you wish to withdraw. However, study periods already invoiced must be paid for.  The College reserves the right to refuse to continue a modular payment plan at any time. Modular payment plans are not credit plans because there is no loan and no debt, and the arrangement can be cancelled at any time without further payments being due.

 

E. WHAT WE PROVIDE:

The tuition fee includes:

 

  • Accepting your application on behalf of the awarding body.

  • Issuing a letter confirming enrolment and details of your study plan.

  • Issuing an invoice for your financial records and for your tax accounts if applicable.

  • Putting you in touch with an Academic Adviser and/or supervisor who can help you with your studies.

  • Providing study instructions (for taught courses).

  • Assessing all student assignments and providing grades and comments.

  • Providing general help and advice, normally by email.

  • Supplying a letter of completion.

  • Advice on further study with Calamus Extension College Ltd. or a linked or affiliated college.

  • Arranging the supply of a certificate and transcript from the awarding body

 

The tuition fee for any particular course or award does not include:

 

  • The cost of textbooks (unless mentioned specifically in the enrolment letter). Students normally have to purchase or acquire their own textbooks.

  • Supplying multiple transcripts, copy certificates or letters to authorities, etc.

  • Supplying duplicate certificates or transcripts or replacing lost certificates or transcripts.

  • Supplying an Apostille.

  • Participation in any graduation ceremony (at present no graduation ceremonies are held).

 

The words “tuition fee” are used in a general sense meaning fees paid to the college for a course of study or award including any associated administrative fees. Another term for such fees is “tuition”, especially in the USA. The terms “tuition” or “tuition fee” do not in themselves imply that taught courses or academic guidance will be given, since the terms are also used for the fees for other services and awards  However all earned (i.e. non-honorary) awards include instruction and/or academic work and the fees for those award programmes include email-based tuition and/or academic guidance.

 

F. METHOD OF ASSESSMENT

 

All distance learning courses are assessed by continuous assessment. When sufficient credits are achieved and any other specific academic requirements are met and all fees due have been paid, the College will approve the award. In the case of overseas awards (i.e. the non-UK degrees of Calamus International University), the College will liaise with the University regarding ratification and issue of the award.

 

G. TIMESCALES (for Students) 

 

Students are expected to complete their diploma or their non-UK degree course within the set period of registration for the programme of study. The set period will be advised in advance and confirmed in the enrolment letter. Students should discuss any problems with course progress or completion (for personal or academic reasons) with their Academic Advisor as soon as possible.  In special circumstances students will be allowed reasonable extra time.  

 

The average time for completion of most course units, by distance learning, is one month per 3-credit unit.  This is based upon 7 to 15 hours of study per week:  different students will study at different paces, and as with any education, some subjects and topics will be easier than others.

 

H. TIMESCALES (for Academic Advisors)

 

We will make every effort to mark assignments within 30 days but at very busy times of year or holiday periods, it might not be possible to adhere to this goal in every case.  We guarantee that, if significant delays occur that in our opinion prevent a student from completing during the period of registration, we will extend that period of registration for at least 6 months without further charge. 

 

We cannot be held responsible for delays caused by strikes, civil disturbances, extreme weather or natural disasters whether in the UK or in any other country where an Academic Advisor may reside.

 

I. FAILING A COURSE 

 

A student who fails a course unit may re-take it up to two further times. However, as mentioned above, if the period of registration has run out, additional fees could be required. Failure is not a reason for extending the period of registration without further fees.  

 

J. SUSPENSION OF REGISTRATION

 

Calamus Extension College Ltd reserves the right to suspend or cancel a student’s registration at any time without notice or withhold recommendation for an award without refund if the student is found to do any of the following acts aimed at the College or any of its adjunct faculty or linked organizations: misrepresentation of previous or current qualifications or biographical details, spamming or any form of attack on our computer systems or websites, publishing slanderous, defamatory or libelous statements concerning Calamus, copying any copyright material (including parts of the website and any logos) without written permission, gross plagiarism (copying someone else’s work and claiming it is your own), abusive behaviour, issuing a bouncing cheque and not paying the fees and costs due, expressing racism, hatred or incitement to violence, or any alleged criminal act. In all these matters the decision of the College will be final.

 

K. CHANGES TO COURSES AND STUDY

 

Calamus Extension College Ltd reserves the right to make any necessary changes to a student's study plan, major, academic advisory arrangements or supervisory arrangements at any time. Changes may be made at any time to the accreditation arrangements of Calamus Extension College Ltd., and/or Calamus International University (Vanuatu), and to the jurisdiction or location of any overseas body connected with the course.

 

L. COMPLAINTS

 

If you have a complaint concerning an academic matter, please contact your academic advisor in the first instance for advice. If the matter is not resolved, or if you have a complaint about any other matter, you may communicate with us at our contact address by email, fax, telephone or letter. If you telephone us we will return the call if you reach our voicemail and leave your number – but landlines only please, no mobiles.)  Please also confirm your request by letter sent by regular mail to our London postal address. We will do our best to resolve any matters raised.

 

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