Terms and Conditions


Terms & Conditions

1.            DEFINITIONS

 

1.1            In this agreement, the following expressions shall have the meanings set out below:-

 

1.1            “Parents” or “You” means any one or more parents and/or guardians of the child and (if more than one) means such persons jointly  and severally.

 

1.2            “School” means St. Mary’s School and/or the Head and/or the Bursar or other person to whom any of the functions have been delegated.

 

1.3            “Student” means the child named in the Acceptance Form.

 

1.4            “Head” means the Head of the School as appointed by the School Governors. The Head is responsible for the day-to-day running of the School.

 

1.5            “Fees”            means the fees at the rate current at the start of each term together with any extras notified in advance of or during a term and/or charged in relation to an earlier term.  Fees include any award, which has become repayable.

 

1.6            “Extras” includes items reasonably incurred by the student or by the School on behalf of the student who for these purposes is the agent of the parents.

 

1.7            “Award(s)” means any scholarship, bursary, ex gratia award or allowance made to the student.


2.            THE AGREEMENT

 

2.1           On completion and return of the Offer Acceptance Slip a legally binding agreement will come into force between the Parents and the School on the basis of these Terms and Conditions.

 

2.2           The School’s prospectus, website and other printed material describe the broad principles on which the School is operated and gives an indication of its history and ethos. Although believed correct at the time of publication, the prospectus, website and other printed material are not part of any agreement between the Parents and the School. If the Parents wish to place specific reliance on a matter contained in the prospectus, website, or a statement made by a member of staff or a Student during the course of a visit to the School or during a meeting relating to an application for a place should seek written confirmation of that matter before entering into this agreement.

 

2.3  The Parents confirm that they have not relied on information contained in the School’s prospectus, website or other printed material in entering into this agreement.

 

2.4 The Parents and the School acknowledge that they each have responsibilities to the Student under this agreement to ensure that the Student is supported and encouraged in her education and in the activities of the School as a community.

 

2.5            Only the School and the Parents are parties to this agreement.  Neither the Student nor any third party is a party to it.  No person other than a party to this agreement shall have any rights to enforce any term of this agreement.

 

3. BEHAVIOUR AND DISCIPLINE

 

3.1 The Student will at all times comply with the disciplines, rules and customs of the School in order to ensure the effective running of the School.

 

3.2 The Parents and the Student will accept the authority of the Head in relation to all aspects of running the School.  Any decision of the Head shall be final and binding.

 

3.3 The School may request Students to sign an agreement relating to behaviour and discipline as a condition of entry in the Sixth Form (or earlier with the agreement of the Parents).

 

4. SPECIAL CIRCUMSTANCES

 

4.1           The Head must be notified immediately of any significant change in the home circumstances of the Student.

 

4.2           The Head must also be notified by Parents in writing immediately of any Court Orders

in relation to the Student, for example, concerning parental responsibility, residence, contact, prohibited steps, specific issues or periodical payments.

 

4.3           Parents must inform the Head immediately in writing (and by personal visit in urgent cases) if the School is required to take any special precautions for the protection of a Student or if circumstances arise which mean that any Parent may be unable to pay Fees in the future.

 

4.4           Parents hereby grant to the Head full authority to give consent in loco parentis to the carrying out of any emergency medical treatments or procedures, which a medical practitioner considers to be necessary for the safety of the Student.  The Head will make every reasonable effort to contact Parents by telephone before exercising such authority.

 

4.5           Parents must inform the Head immediately in writing of any existing or new medical condition or learning difficulties of the Student, which may require medical supervision.

 

5. EDUCATIONAL MATTERS

 

5.1 The School will notify the Parents if it appears that the Student is having difficulty with  maintaining normal progress with studies.  Although the School has no facilities for diagnosing dyslexia or specific learning difficulties, it may be possible for the  School to assist with arrangements for additional tuition although this will not amount to remedial teaching of any kind.  It is the Parents’ responsibility to obtain and inform the School of any further medical and or educationalist advice which may be necessary.

 

5.2 The School will be under no obligation to enter the Student for any examinations unless the Head believes that it is in the best interests of the Student to do so.

 

5.3            The Head reserves the right to organise the curriculum and its delivery in a way which, in her professional judgement, is most appropriate to both the Student and to the Student and the School community as a whole.

 

5.4 The Head may, after consultation with the Parents and the Student, decline to offer a particular course of study if, after exercising her professional judgment, she considers this to be in the best interests of the Student’s prospects in other subjects or courses of study.

 

5.5 The School will provide information to Parents and references on the Student’s progress and on examination, further education and career prospects.  Such information is provided to the best of the School’s ability but the School is not liable if any predictions made in good faith on the basis of any information available to it are not fulfilled.

 

5.6 The School acknowledges that any copyright in a work of which the Student is the sole author shall vest in the Student and acknowledges the right of the Student to assert his or her rights to be identified as the author of such work.

 

5.7 Public examination results are published annually in the Speech Day booklet and GCSE and A Level Option booklets unless Parents/Students expressly request otherwise.

 

6. REMOVAL OF A STUDENT AT THE SCHOOL’S REQUEST

 

6.1 If the Head considers that it is necessary in the interests of the Student or the School to request that a Student should be removed from the School, the Parents will comply with such a request.  In that event there will be no refund of Fees for the balance of the term but no charge will be made for a term’s Fees in substitution for notice.

 

6.2 Any decision to request the removal of a Student from the School shall be made at the Head’s discretion.  The School shall be under no obligation to pass on to the Parents the identity of any persons who may have given information which may have led to the request for removal or any  confidential information in connection with the request.

 

7. WITHDRAWAL OF A STUDENT BY PARENTS

 

7.1 If Parents wish to withdraw a Student from the School for any reason or from additional tuition or wish to cancel their acceptance of a place for a Student, they must give a term’s written notice in accordance with clause 12.2 or pay a term’s Fees in substitution for that notice.  This also applies to late entries where a term’s notice is not possible.

 

7.2 Fees payable in substitution for notice are a debt and will remain payable whether the place is subsequently filled by another Student or not.  Such Fees will be payable at the rate which applies to the relevant term.

 

8. FEES

 

8.1 Fees are payable termly before the first day of each term and time is of the essence.

 

8.2            The Parents agree jointly and severally to pay the Fees applicable to each Term directly to the School.  Except where a separate agreement has been made between the Parents and the School for the deferment of payment of Fees, Fees for each Term are due and payable as cleared funds before the first day of the School term to which they relate.  If an item on the bill is under query, the balance of the bill must be paid.

 

8.3 If a third party (such as an employer, grandparent or step-parent without parental responsibility) agrees to pay all or part of the Fees the Parents will remain responsible to the School for payment until those Fees have been paid in full.

 

8.4 In the event that Fees are not paid the School reserves the right to suspend the Student from attending the School.

 

8.5 If the School agrees to accept payment of part or all of the Fees by instalments, this arrangement may be cancelled by the School on 30 days written notice to the Parents at which point all Fees which have accrued due shall immediately become payable.

 

8.6            An agreement by the School to accept payment of current and/or past and /or future Fees by instalments is concessionary and will be subject to separate agreement/s between the Parents and the School. Where there are inconsistencies between these Terms and Conditions and those of any instalment agreement or invoice issued by the School to the Parents (as applicable), the terms and conditions of the instalment agreement or  the invoice shall prevail.

 

8.7 Fees are non-refundable.

 

8.8 Any Extras will be billed when they arise or in arrears.

 

8.9 Any Awards made by the School may be withdrawn if, in the School’s opinion, the aims and objectives of the Award are not being met, and the School reserves the right to require repayment in full if the Student is withdrawn or removed from the School before the completion of the period to which the Award relates.

 

8.10 The School normally reviews Fees once per year and with at least 2 months’ notice, although it reserves the right to alter Fees at any time on reasonable notice.

 

8.11            The Parents consent to the School making enquiries of the Student’s previous schools for confirmation that all sums due and owing to such schools have been paid.  The Parents also consent to the School informing any other school or educational establishment to which the Student is to be transferred if any Fees of this School are unpaid.

 

8.12            If the Student is expelled, there will be no refund of the Acceptance Deposit or of Fees for the current or past terms, but the Overseas Deposit (if any) will be refunded without interest less any sums owing to the School.  There will be no charge to fees in lieu of notice but, save for any contrary provisions in any other agreement made between the Parents and the School, all arrears of Fees and any other sum due to the School will be payable.

 

9. UNPAID FEES

 

9.1 Save where alternative provisions for the payment of interest are contained in a separate consumer credit agreement made between the Parents and the School, simple interest may be charged on a day-to-day basis on Fees which are unpaid.  The rate of interest charged will be at up to 1.5% per month accruing on a daily basis which represents a genuine pre-estimate of the cost to the School of a default.  The Parents shall also be liable to pay all costs, Fees and charges including legal Fees and costs reasonably incurred by the School in the recovery of any unpaid Fees.

 

9.2 Any costs incurred by the School in seeking to recover unpaid Fees will also be payable by the Parents.  This includes all  administrative costs and legal fees and disbursements.

 

10. INSURANCE

 

Parents must ensure that the Student’s personal property is insured whilst in the School or taking part in school-related activities whether at the School premises or elsewhere.

 

11.            EVENTS BEYOND THE CONTROL OF THE PARTIES

 

11.1            An event beyond the reasonable control of the parties to this agreement is a Force Majeure Event and shall include such events as an act of God, fire, flood, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic of disease, failure of utility service or transportation.

 

11.2            If either party to this agreement is prevented from or delayed in carrying out its obligations under this agreement by a Force Majeure Event, that party shall immediately notify the other in writing and shall be excused from performing those obligations while the Force Majeure Event continues.

 

11.3            If a Force Majeure Event continues for a period greater than 90 days, the party who has provided notification under clause 0 above shall notify the other of the steps to be taken to ensure performance of this agreement.

 

11.4            If the Force Majeure Event continues for a total period greater than 120 days, the party in receipt of notification under clause 0 may terminate this agreement by providing at least three working days’ notice in writing to the other party.

 

12. GENERAL

 

12.1            By signing the Acceptance Form or by agreeing to be bound by these terms and conditions the Parents on behalf of themselves and so far as they are able on behalf of the Student authorise the School to process personal information including financial and sensitive personal information as is deemed necessary for the legitimate purposes of the School. This includes but is not limited to the School being able to share late payment information with other schools to which the Student wants to transfer.

 

12.2 In this agreement the words “a term’s notice” means a full term.  In order to have been properly given, the notice must be given in writing to the Head or the Bursar before the first day of the last term of the Student’s attendance.  Oral notice or oral or written notice to any other person will not be sufficient for the purposes of this agreement.  Parents must obtain written confirmation of receipt of the notice from the Head or Bursar.

 

12.3 Any variation of the terms of this agreement by the School or any failure to enforce its rights shall not prejudice those rights in any way.

 

12.4 The School may vary the terms of this agreement on reasonable notice.  The School also reserves the right to make any alterations to the School or its operations without any reduction in the Fees.

 

12.5            The School is a mainstream day school for girls aged from 3 – 18 years.  The School has a Christian ethos and welcomes staff and children from many different ethnic groups, backgrounds and creeds.  Human rights and freedoms are respected.  At present, our physical facilities for the disabled are limited but we will do all that is reasonable to ensure that the School’s culture, policies and procedures are made accessible to children who have disabilities and to comply with our legal and moral responsibilities under equality legislation in order to accommodate the needs of applicants and Students who have disabilities for which, after reasonable adjustments, we can cater adequately.

 

12.6            By signing the Acceptance Form or by agreeing to be bound by these Terms and Conditions the Parents on behalf of themselves and so far as they are able on behalf of the Student authorise the School to process personal information including financial and sensitive personal information as is deemed necessary for the legitimate purposes of the School.  Please also see the Data Protection Information Notes attached.

 

12.7 The law applicable to this agreement shall be the law of England and the Parents and the School confirm that they will submit to the jurisdiction of the English Courts.

 

Data Protection Information Notes

 

1.            The School holds information about you and your child including exam results, parent and guardian contact details and financial information and details of medical conditions.  This information is kept electronically on the School’s information management system or manually in indexed filing systems.

 

2.            These notes refer to the “processing” of information.  “Processing” is a catch-all term and means obtaining or recording information or carrying out any operation on the information such as storing or using the information or passing it on to third parties.

 

3.            The School processes information about you and your child in order to safeguard and promote the welfare of your child, promote the objects and interests of the School, facilitate the efficient operation of the School and ensure that all relevant legal obligations of the School are complied with.  Examples may include: the School keeping details of medical conditions from which your child may suffer so that staff will be able to respond appropriately in the event of a medical emergency, and /or the School processing financial information obtained from you or from third parties such as credit reference agencies.

 

4.            The School may process different types of information about your child for the purposes set out above.  That information may include:

      Medical records and information, including details of any illnesses, allergies or other medical conditions suffered by your child.

Personal details such as home address, date of birth and next of kin.

Information concerning your child’s performance at School, including discipline record, School reports and examination reports.

Financial information including information about the payment of fees at this School or any other School.

 

5.            Where, in the professional opinion of the Head it is deemed necessary we may share information with certain third parties.

 

6 If the School enters into a separate arrangement for the payment of fees, we may, in order to verify your identity and so that we can assess your application for credit, search the files of any licensed credit reference agency who will keep a record of that search and details about your application. This record will be seen by other organisations which make searches about you. Failure to supply information may result in a refusal of credit.

 

 

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Mrs Ross the Headmistress assured me that she would help my daughter to become the very best that she could be. With great academic results and a well balanced and happy daughter I believe this has been achieved… Read More

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