OXFORD VIRTUAL COLLEGE Ltd. Terms and Conditions

Please read these Terms and Conditions carefully. All contracts that the Provider may enter into from time to time for the provision of the educational and training services of the Provider shall be governed by these Terms and Conditions, and the Provider will ask for the express agreement of the Client to these Terms and Conditions before providing any such services to the Client.

In these Terms and Conditions, words and phrases with special meanings are indicated by initial capital letters. Details of those words and phrases are set out in Section 17 of the main body of these Terms and Conditions.

1. Order process

1.1 The advertising of the Services on the website of the Provider constitutes an "invitation to treat" rather than a contractual offer.

1.2 No contract for the supply of the Services will come into force between the Provider and the Client unless and until the procedure set out in this Section 1 has been completed (the date of such completion being the "Effective Date").

1.3 To enter into a contract for the supply of the Services, the following steps must be taken:  1.3.1- Client completes the Order Form giving their details and requesting the Services they want the Provider to provide; 1.3.2- Provider confirms to Client about space availability or provide alternatives; 1.3.3- if client request can be met by the Provider, instructions will be emailed to Client on how to make payment for their chosen Services.

1.4 The Client will have the opportunity to identify and correct input errors prior to ordering by replying to the Provider's email giving payment instructions as described in 1.3.3..

2. Term

2.1 The Contract shall come into force upon the Effective Date.

2.2 The Contract shall continue in force until the end of the period in respect of which Charges have been paid by the Client to the Provider, subject to termination in accordance with Section 13 or any other provision of these Terms and Conditions.

2.3 Unless the parties expressly agree otherwise in writing, each Order Form shall create a distinct contract under these Terms and Conditions.

3. Services

3.1 The Provider shall provide some or all of the following Services and materials to the Client in accordance with these Terms and Conditions:

(a) the Teaching Services.

4. Teaching Services

4.1 The Provider shall provide the Teaching Services to the Client remotely and by means of one or more Third Party Services platforms.

4.2 The Provider shall provide the Teaching Services during Sessions commencing on the date(s) and at the time(s) specified in the timetable set out in the Order Form.

4.3 The Client acknowledges that the other commitments of the Provider may from time to time lead to the personnel of the Provider being late for a Session, and agrees that the Provider will not be in breach of the Contract by virtue of the personnel of the Provider being not more than 30 minutes late for a Session, providing that the lost Session time is made up by the Provider at a time agreed with the Client.

4.4 If the Provider wishes to reschedule a Session, then the Provider must give to the Client a written notice of rescheduling at least 24 hours before the Session is due to commence. In these circumstances, each party will use all reasonable endeavours to agree an alternative Session.

4.5 If the Provider is unable to attend a Session by reason of personnel shortage or illness and technical issues related to: computer hardware and/or software failure; internet provider downtime and bandwidth problems affecting video, audio and data connection interruptions and outages, then providing the Provider has used reasonable endeavours to engage alternative personnel and/or rectifies the aforementioned technical issues and does not cancel more than 4 consecutive Sessions under this Section 4.5, the Provider may by written notice to the Client cancel the Session, in which case:

(a) the Provider shall not be in breach of these Terms and Conditions or otherwise liable to the Client in respect of that cancellation; and

(b) the Client shall be released from any liability to pay Charges in respect of that Session, and shall be entitled to a refund of any Charges previously paid in respect of that Session unless the technical issues mentioned in 4.5 originate from the Client side, in which case, the Client shall not be released from any liability to pay Charges in respect of that Session, and therefore, shall not be entitled to a refund of any Charges previously paid in respect of that Session.

4.6 The Provider shall ensure that all personnel involved in the provision of the Teaching Services:

(a) have been interviewed by the Provider;

(b) have supplied proof of identity and satisfactory references to the Provider;

(c) have been properly trained and are adequately experienced in the provision of the Teaching Services; and

(d) undergo a criminal records check.

4.7 ‌The Provider will do all that is reasonable to provide suitable live online teaching environment and will exercise reasonable care and skill in providing its Services to the Client, but cannot guarantee that they will achieve their desired examination results or that results will be sufficient to gain entry to other educational establishments. 

5. Hosted Services

5.1 The Provider shall supply or make available to the Client those Hosted Services specified in the Order Form.

5.2 The Client shall use reasonable endeavours to ensure that no unauthorised person may gain access to the Hosted Services using any access credentials of the Client.

5.3 The Client acknowledges that the availability of the Hosted Services is dependent upon Third Party Services, and that the Provider has no direct control over the availability of the Hosted Services; accordingly, the Provider does not guarantee 100% availability.

6. Client obligations

6.1 The Client warrants to the Provider that it meets the prerequisites (including prerequisites relating to qualifications, certifications and experience) specified in the Order Form.

6.2 The Client warrants to the Provider that all the information supplied by the Client to the Provider in relation to the Contract and the Services, is true, accurate, current, complete and non-misleading and that:(a) makes use of own computer hardware and software with a headset connected to a reliable internet/broadband with enough bandwidth to handle reasonable video and audio data connection; and(b) allocate a quiet location to be able to actively participate, focus and interact with the one-to-one or one-to-many live online classes in the Services that the Provider provides; and(c) completes and submits any homework or assessment that the Provider asks the Client to prepare during the provision of its Services to the Client.

6.3 The Client must comply with Schedule 1 (Community Standards) when interacting with the Provider in relation to the Services (including interactions by means of the Third Party Services); and the Client must ensure that all persons acting on behalf of the Client comply with Schedule 1 (Community Standards) when interacting with the Provider in relation to the Services (including interactions by means of the Third Party Services).

6.4 Save to the extent that the parties have agreed otherwise in writing, the Client must provide to the Provider, or procure for the Provider, such:

(a) co-operation, support and advice;

(b) information and documentation; and

(c) governmental, legal and regulatory licences, consents and permits,

as are reasonably necessary to enable the Provider to perform its obligations under the Contract.

6.5 ‌The Client is expected to attend and engage actively and behave responsibly when participating in live online class sessions showing commitment and being polite and courteous towards all participants at all times. The Client must also prevent any noise or disturbance or distraction of any kind occurring at their end to help in the smooth running of the Services offered by the Provider. Should this not to be the case, the Provider retains the right to cancel the provision of Services to the Client without making any refund of the Charges already paid by the Client.

7. Charges

7.1 The Client shall pay the Charges to the Provider in accordance with these Terms and Condition. Charges will not be refunded or waived if:(a) the Client is absent through illness or other reasons; or(b) there is no legal liability under a court order or under the provisions of this agreement to make a refund.

7.2 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated inclusive of any applicable value added taxes if the Client is a consumer, but otherwise exclusive of any applicable value added taxes.

7.3 The Provider may elect to vary any element of the Charges by giving to the Client not less than 30 days' written notice of the variation expiring on the end date of execution of the Contract

8. Payments

8.1 The Provider shall issue invoices for the Charges to the Client in advance of the period to which they relate.

8.2 The Client must pay the Charges to the Provider within the period of 7 days following the receipt of an invoice issued in accordance with this Section 8, providing that the Charges must in all cases be paid before the commencement of the period to which they relate.

8.3 The Client must pay the Charges by debit card, credit card, bank transfer, PayPal, Alipay, Stripe,  (using such payment details as are notified by the Provider to the Client from time to time).

8.4 The Provider may suspend the provision of any or all of the Services if any amount due to be paid by the Client to the Provider under the Contract is overdue.

9. Distance contracts: cancellation right

9.1 This Section 9 applies if and only if the Client enters into the Contract with the Provider as a consumer - that is, as an individual acting wholly or mainly outside the Client's trade, business, craft or profession - where the Contract is a distance contract within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

9.2 The Client may withdraw an offer to enter into the Contract with the Provider at any time; and the Client may cancel the Contract entered into with the Provider at any time within the period:

(a) beginning when the Contract was entered into; and

(b) ending at the end of 14 days after the day on which the Contract was entered into,

subject to Section 9.3. The Client does not have to give any reason for the withdrawal or cancellation.

9.3 The Client agrees that the Provider may begin the provision of services before the expiry of the period referred to in Section 9.2, and the Client acknowledges that, if the Provider does begin the provision of services before the end of that period, then:

(a) if the services are fully performed, the Client will lose the right to cancel referred to in Section 9.2; and

(b) if the services are partially performed at the time of cancellation, the Client must pay to the Provider an amount proportional to the services supplied or the Provider may deduct such amount from any refund due to the Client in accordance with this Section 9;

(c) other than as provided for in clauses 7.1 and 9.3: If notice of cancellation is received 14 days or less before the services start date, there will be no refund of Charges.

9.4 In order to withdraw an offer to enter into the Contract or cancel the Contract on the basis described in this Section 9, the Client must inform the Provider of the Client's decision to withdraw or cancel (as the case may be). The Client may inform the Provider by means of any clear statement setting out the decision. In the case of cancellation, the Client may inform the Provider using the cancellation form that the Provider will make available to the Client. To meet the cancellation deadline, it is sufficient for the Client to send its communication concerning the exercise of the right to cancel before the cancellation period has expired.

9.5 If the Client withdraws an offer to enter into the Contract, or cancels the Contract, on the basis described in this Section 9, the Client will receive a full refund of any amount the Client paid to the Provider in respect of the Contract, except as specified in this Section 9.

9.6 The Provider will refund money using the same method used to make the payment, unless the Client has expressly agreed otherwise. In any case, the Client will not incur any fees as a result of the refund.

9.7 The Provider will process the refund due to the Client as a result of a cancellation on the basis described in this Section 9 without undue delay and, in any case, within the period of 14 days after the day on which the Provider is informed of the cancellation.

10. No guarantee of exam success

10.1 For the avoidance of doubt, the Provider does not guarantee that the receipt of the Services will lead to any particular certification or any particular grading or result in any course, examination or assignment.

11. Warranties

11.1 The Client warrants to the Provider that it meets the prerequisites (including prerequisites relating to qualifications, certifications and experience) specified in the Order Form.

11.2 The Client warrants to the Provider that all the information supplied by the Client to the Provider in relation to the Contract and the Services, is true, accurate, current, complete and non-misleading and that:(a) makes use of own computer hardware and software with a headset connected to a reliable internet/broadband with enough bandwidth to handle reasonable video and audio data connection; and(b) allocate a quiet location to be able to actively participate, focus and interact with the one-to-one or one-to-many live online classes in the Services that the Provider provides; and(c) completes and submits any homework or assessment that the Provider asks the Client to prepare during the provision of its Services to the Client. 

11.3 The Provider warrants to the Client that:

(a) the Provider has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions;

(b) the Provider will comply with all applicable legal and regulatory requirements applying to the exercise of the Provider's rights and the fulfilment of the Provider's obligations under these Terms and Conditions; and

(c) the Provider has or has access to all necessary know-how, expertise and experience to perform its obligations under these Terms and Conditions.

11.4 The Client warrants to the Provider that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.

11.5 All of the parties' warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Contract will be implied into the Contract or any related contract.

12. Limitations and exclusions of liability

12.1 Nothing in these Terms and Conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if a party is a consumer, that party's statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these Terms and Conditions: 

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.

12.3 The Provider will not be liable to the Client in respect of any losses arising out of a Force Majeure Event.

12.4 The Provider will not be liable to the Client in respect of any loss of profits or anticipated savings.

12.5 The Provider will not be liable to the Client in respect of any loss of revenue or income.

12.6 The Provider will not be liable to the Client in respect of any loss of business, contracts or opportunities.

12.7 The Provider will not be liable to the Client in respect of any loss or corruption of any data, database or software.

12.8 The Provider will not be liable to the Client in respect of any special, indirect or consequential loss or damage.

13. Termination

13.1 Either party may terminate the Contract by giving to the other party at least 30 days' written notice of termination.

13.2 Either party may terminate the Contract immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.

13.3 Either party may terminate the Contract immediately by giving written notice of termination to the other party if:

(a) the other party:

(i) is dissolved;

(ii) ceases to conduct all (or substantially all) of its business;

(iii) is or becomes unable to pay its debts as they fall due;

(iv) is or becomes insolvent or is declared insolvent; or

(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;

(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party; or

(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Contract).

13.4 The Provider may terminate the Contract immediately by giving written notice to the Client if:

(a) any amount due to be paid by the Client to the Provider under the Contract is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given; and

(b) the Provider has given to the Client at least 3 days' written notice, following the failure to pay, of its intention to terminate the Contract in accordance with this Section 13.4.

14. Effects of termination

14.1 Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Sections 8.2, 12, 14, 16, 17 and 18 and the Order Form.

14.2 Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Contract shall not affect the accrued rights of either party.

15. Notices

15.1 Any notice from one party to the other party under these Terms and Conditions must be given by one of the following methods: 

(a) sent by email to the relevant email address specified on the Order Form (in the case of notices to the Client) or on the website of the Provider (in the case of notices to the Provider), in which case the notice shall be deemed to be received upon receipt of the email by the recipient's email server,

  providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.

16. General

16.1 No breach of any provision of the Contract shall be waived except with the express written consent of the party not in breach.

16.2 If any provision of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

16.3 The Provider may vary the Contract by giving to the Client at least 7 days' written notice of the variation. Subject to this, the Contract may only be varied by a written document signed by or on behalf of each of the parties.

16.4 The Client hereby agrees that the Provider may assign the Provider's contractual rights and obligations under the Contract to any third party, providing that, if the Client is a consumer, such action does not serve to reduce the guarantees benefiting the Client under the Contract. Save to the extent expressly permitted by applicable law, the Client must not without the prior written consent of the Provider assign, transfer or otherwise deal with any of the Client's contractual rights or obligations under the Contract.

16.5 The Contract is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Contract are not subject to the consent of any third party.

16.6 The main body of these Terms and Conditions, Schedule 1 (Community Standards) and the Order Form shall constitute the entire agreement between the parties in relation to the subject matter of the Contract, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

16.7 The Contract shall be governed by and construed in accordance with English law.

16.8 The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.

17. Definitions

17.1 In these Terms and Conditions, except to the extent expressly provided otherwise:

"Business Day" means any weekday other than a bank or public holiday in England;

"Business Hours" means the hours of 09:00 to 17:00 GMT/BST on a Business Day;

"Charges" means the amounts specified as course fees on the College website;

"Client" means the person or entity identified as such on the Order Form or Parent/Guardian;

"Contract" means a particular contract made for the teaching of live online courses or subjects under these Terms and Conditions between the Provider and the Client;

"Effective Date" means has the meaning given to it in Section 1.2;

"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);

"Hosted Services" means those on-demand hosted services that the College supplies or makes available to the Person as part of the Services;

"Order Form" means a written order form agreed by or on behalf of each of the parties;

"Provider" means OXFORD VIRTUAL COLLEGE Ltd., a company incorporated in England and Wales (registration number 13345310) having its registered office at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ;

"Services" means any services that the Provider provides to the Client, or has an obligation to provide to the Client, under these Terms and Conditions;

"Session" means a particular appointment, occasion or session at which Teaching Services are or are to be provided by the Provider to the Client;

"Teaching Services" means online teaching, including teaching provided on a one-to-one and on a one-to-many basis, as more particularly specified on the Provider website and requested by the Client on the Order Form or as agreed by the parties in writing from time to time;

"Term" means the term of the Contract, commencing in accordance with Section 2.1 and ending in accordance with Section 2.2;

"Terms and Conditions" means these terms and conditions, including any amendments to these terms and conditions from time to time; and

"Third Party Services" means any third party tools/platforms that the Provider uses to enable the delivery of its live online teaching services to the Client‌.

18. Interpretation

18.1 In these Terms and Conditions, a reference to a statute or statutory provision includes a reference to: 

(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

(b) any subordinate legislation made under that statute or statutory provision.

18.2 The Section headings do not affect the interpretation of these Terms and Conditions.

18.3 References in these Terms and Conditions to "calendar months" are to the 12 named periods (January, February and so on) into which a year is divided.

18.4 In these Terms and Conditions, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.

Schedule 1 (Community Standards)

1. Introduction

1.1 This community standards policy (the "Policy") sets out the rules governing:

(a) the use of our services and any third party services used in connection with our services (the "Services"); and

(b) the communication, transmission, storage and processing of content by you, or by any person on your behalf, using the Services ("Content").

1.2 References in this Policy to "you" are to any customer for the Services and any individual user of the Services (and "your" should be construed accordingly); and references in this Policy to "us" are to [identify provider] (and "we" and "our" should be construed accordingly).

1.3 By using the Services, you agree to the rules set out in this Policy.

2. General usage rules

2.1 You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.

2.2 You must not use the Services:

(a) in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or

(b) in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.

2.3 You must ensure that all Content complies with the provisions of this Policy.

3. Academic offences

3.1 You must not commit plagiarism; and Content that you submit to us as test answers, examination answers or coursework (whether assessed or not) must not be plagiarised. For these purposes, plagiarism means presenting or passing off the work or ideas of another as your own. Plagiarism may or may not constitute copyright infringement, may be committed with our without that other's consent, and may be intentional or unintentional. You can avoid plagiarism by properly acknowledging your sources.

3.2 You must not cheat or assist or enable any other person to cheat in relation to any test, examination or coursework made available through the Services. Cheating includes the contravention of any particular procedures or rules that we specify apply to the relevant test, examination or coursework.

4. Unlawful Content

4.1 Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

4.2 Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) constitute a breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) constitute a breach of official secrets legislation; or

(k) constitute a breach of any contractual obligation owed to any person.

4.3 You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.

5. Graphic material

5.1 Content must be appropriate for all persons who have access to or are likely to access the Content in question, and in particular for children over 12 years of age.

5.2 Content must not depict violence in an explicit, graphic or gratuitous manner.

5.3 Content must not be pornographic or sexually explicit.

6. Marketing and spam

6.1 You must not without our written permission use the Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.

6.2 Content must not constitute or contain spam, and you must not use the Services to store or transmit spam - which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.

6.3 You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Services or that you find using the Services.

6.4 You must not use the Services to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, "get rich quick" schemes or similar letters, schemes or programs.

6.5 You must not use the Services in any way which is liable to result in the blacklisting of any of our IP addresses.

7. Monitoring

7.1 You acknowledge that we do not actively monitor the Content or the use of the Services.

8. Data mining

8.1 You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.

9. Harmful software

9.1 The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.

9.2 The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.

Order Form

Custom section

1 ‌Order Form is accessed via the College website by clicking the APPLY NOW button. The Client will automatically be directed to the Order Form for completion by the Client giving personal details and choosing the required Services. Once completed, the Client can then submit the Order Form to the Provider by clicking the Submit button at the bottom of the Order Form.