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Embassy English Australia and New Zealand Terms and Conditions

Embassy English 2017 Terms & Conditions

The contractual entity that will be providing the services to you and that you agree these terms and conditions with is determined by the country in which you will be studying.

In the UK this is Embassy Educational Services (UK) Limited (Company Registration Number 1599830, whose registered address is 1 Billinton Way, Brighton, BN1 4LF.
In the US this is Center for English Studies, LLC, whose registered address is 330 7th Avenue 2nd Floor New York NY 10001.
In Canada this is Study Group Canada, Limited. Co no. 3229099, whose registered address is 2900, 10180-101 Street, Edmonton, Alberta T5J 3V5 Canada.
In Australia this is Study Group Australia Pty Limited. ACN 070 919 327 of Level 24, 201 Elizabeth Street, Sydney NSW 2000, Australia.
In New Zealand this is Study Group NZ Ltd. Co no. 1012808 whose office is at 75 Karangahape Road, Newton, Auckland, New Zealand.

1. Payment of fees

Fees must be paid before visa documents are issued and no later than 14 days before arrival.

In Australia, students with multiple study periods must pay the total due on enrolment before visa documents are issued and no laterthan 14 days before arrival. Subsequent instalment payments must be received in accordance with the due dates stated on the invoice.
In California, students with programmes more than 16 weeks in duration may elect to pay in full or to pay tuition in instalments. Students choosing to pay in instalments must pay the total due on enrolment before visa documents are issued and no later than 14days before arrival. Subsequent instalment payments may be received in accordance with the due dates stated on the invoice. Instalment due dates for each course are determined according to the length of the programme. Instalments will be no more than the equivalent of 16 weeks worth of the programme tuition until the programme duration midpoint, when any outstanding balance
must be received in full.
Transfer and accommodation documents will be released 14 daysprior to arrival once payment has been received in full (where applicable). We reserve the right to add a fee of 2% of the payment amount to any late payment. Payments made using a credit card may be subject to a 2.5% credit card processing fee. Payment can be made to Embassy English for some locations using a number of payment options via the PayOnline platform. Access to this platform can be found at pay.embassyenglish.com using the unique student access code. Certain payment options will carry a processing fee of 2.5%. Embassy English reserves the right to alter this charge from time to time. If the student chooses to pay in their local currency, a foreign exchange rate will apply. The applicable exchange rate can be viewed online as at the time and date of the payment. Bank charges and commission for both the sending and receiving banks should be paid by the sender of funds or they will be applied to the student's account.

2. Services

Embassy English reserves the right to change details of its services, including courses, facilities, accommodation, and course dates, where circumstances beyond Embassy English's control necessitate such changes or where the number of enrolments is not enough to operate a course viably.

3. Course entry Levels

Most courses require minimum levels of English for entry. If after the placement test, a student is found to be below the minimum level required to start the course, Embassy English reserves the right to place the student in a class appropriate to the student's language level and/or a different curriculum. Where this results in extending the duration of a student's course, Embassy English may need to issue a new Certificate of Enrolment. Students may be transferred to the nearest Embassy English Centre running a lower level course.

4. Changes to enrolments

Embassy English reserves the right to charge an Administration Fee (GBP50; USD80; CAD80; AUD120; NZD90) each time course or accommodation details are changed or cancelled after a place has been confirmed. Additionally, when a change request for a previously confirmed accommodation is received less than 7 days
in advance of the scheduled arrival date, an equivalent week's accommodation penalty fee will be charged. These fees will not apply to upgraded or extended courses.

5. Changes to airport transfers

Notification of change to airport transfers must be sent to our International Admissions Centre at least 2 full working days prior to the designated arrival time. If notice is not received Embassy English cannot be held liable for operational errors, and an additional Transfer and/or Administration Fee may be applied.

6. Accommodation and travel details

Accommodation and transfer confirmations* will be provided 14 days prior to course start date for all enrolments received more than 4 weeks in advance of course start date. Accommodation and transfer confirmations* will be provided no less than 4 days prior to course start date for all enrolments received less than 4 weeks in advance of course start date.
*Provided travel details and payment in accordance with your payment arrangement has been received. If travel information is received less than 2 working days prior to the scheduled arrival date then Embassy English may not be in a position to provide the transfer or accommodation service for the weekend of arrival.

7. Accident & medical insurance

It is necessary that all students have appropriate accident and medical insurance. Students must provide proof of adequate cover at enrolment. Embassy English also offers insurance coverage called StudyCare. Cover under the StudyCare insurance policy does not commence until the insurance fees, which are non-refundable, have been paid in full. StudyCare is not available to students within Australia. In the UK, students not wishing to take StudyCare must present an equivalent insurance certificate or European Health Insurance card on arrival.In the USA, Canada, and New Zealand, students not wishing to take StudyCare must present an equivalent insurance certificate on arrival. Students without insurance must take StudyCare. In the USA, StudyCare is mandatory for students taking English in Action.
In Canada, StudyCare is mandatory for students taking the International Internship Programme and the Work Placement programme. In New Zealand, having appropriate and current medical and travel insurance is compulsory for all international students. This is a New Zealand legislation requirement under the Code of practice for the Pastoral Care of International Students, found on their website at www.minedu.govt.nz/goto/international. Most international students are not entitled to publicly funded health services while in New Zealand. If a student receives medical treatment during a visit, they will be liable for the full costs of that treatment. Full details on entitlements to publicly funded health services are available through the Ministry of Health, and can be viewed on their website at www.moh.govt.nz
In Australia it is compulsory for those on Student Visas to take Overseas Student Health Cover (OSHC) for the duration of the time they are in Australia. Students need to buy OSHC before coming to Australia, to cover them from when they arrive. This ensures they have adequate health care arrangements while studying in Australia. If the student chooses for Embassy English to arrange OSHC for the first course/year only of their programme, it is their responsibility to either extend or take out OSHC for the rest of their time in Australia. They must provide evidence of cover for the entire study period before a Confirmation of Enrolment will be issued. There will be no refund of OSHC Insurance post-arrival.

8. General refund policy

Embassy English defines a full course of study as the initial enrolment period. Extensions are considered new enrolment periods. All refunds will be sent to the account of the Embassy English representative to whom the fees were originally paid, or to the individual from whom Embassy English has received the original direct payment. In New Zealand the refund will be paid directly to the students or another signatory as agreed by the student (or the student’s parent or legal guardian).
If a student's visa application is rejected after payment has been received all fees, excluding any cancellation fees detailed in the Cancellation Policy below, will be refunded within 28 days, provided a visa refusal letter is received by our International Admissions Centre at least 2 working days before the course is due to start and the student has fulfilled all requirements for a visa application. Students in San Diego, Long Beach and San Francisco must sign a California State Enrolment Refund Agreement form. Refunds will be processed according to these terms and conditions. In Australia this agreement, and the availability of complaints and appeals processes, does not remove the right of the student to take action under Australia's consumer protection laws. Refunds will be provided to students within 28 days if the student defaults based on a visa denial provided the International Admissions Centre receives the visa denial letter. If Embassy English defaults, the student is eligible to receive a refund of the unexpended pre-paid tuition fees which the student has paid to Embassy English. The refund amount will be based on the portion of tuition for which the student has paid but for which tuition has not yet been received. In the unlikely event that Embassy English is unable to deliver a course in full, the student will be offered the refund amount in accordance with the above paragraph. The refund will be paid within 14 days of the day on which the course ceased being provided. Alternatively, the student may be offered enrolment in a suitable alternative course by Embassy English at no extra cost. The student has the right to choose whether they would prefer a full refund of course fees, or to accept a place on another course. If they choose placement on another course, Embassy English will ask them to sign a document to indicate acceptance of the placement. If Embassy English is unable to provide a refund or to place the student on an alternative course, the Australian government Tuition Protection Scheme (TPS) director will provide access to a suitable alternative course.

9. Cancellation policy

Embassy English defines cancellation as a change occurring;before the start date of the first course. All cancellations must be made in writing to our International Admissions Centre and the following refund policies apply: Enrolment Fee, Courier Fee, Accommodation Placement Fee, or Administration Fee are non-refundable (In the USA, maximum of $500).

10. Tuition refunds before arrival UK, USA and Canada

In the UK and Canada, where cancellations are received in writing more than 14 days before the first course start date 100% of tuition fees will be refunded, but any courier fee, enrolment fee, UK Visa application fee (CAS) and added administration fees are non-refundable (In the USA, not to exceed $500.). Where cancellations are received in writing 14 days or less prior to the first course start date students will be charged GBP250 (UK) or CAD350 (Canada), in addition to the fees listed in this paragraph.
In Australia,for pre-arrival Student visa refusal, the following applies: Embassy English agrees to refund within 28 days, tuition and non-tuition fees paid where the student produces acceptable certified evidence that the application made for a student visa was rejected by a visa-issuing authority. The amount of the refund is the fees paid by or on behalf of the student, minus the lesser of the following amounts that will be retained:
1) 5% of the amount of fees received (pre-paid tuition fees,non-tuition fees)
2) $500. For non-student visa refusal and general cancellation,including student visa applicant, the following applies: Students will be charged the enrolment fee plus 30% of total tuition fees, as well as all other sundry fees if cancelling prior to the start of their course. In New Zealand, students will be refunded tuition fees in full, less the Enrolment Fee.

Accommodation Refunds before Arrival

a) Students cancelling their accommodation less than 14 days before arrival will be charged an amount equal to 1 week of accommodation (except in USA).
b) For cancellations less than 48 hours before arrival, an amount equivalent to 4 weeks of accommodation will be charged, or the full accommodation fee if the booking is less than 4 weeks in duration (except in USA).

11. Withdrawal policy

Embassy English defines withdrawal as termination of a course after the first course has started. Any withdrawal must be made in writing to the Centre Director of the Embassy English school where the student is studying. Enrolment Fee, Courier Fee, Accommodation Placement Fee, and StudyCare or OHSC premium will not be refunded for any student terminating their course after arrival.

Tuition Refunds after Arrival

Written notification of withdrawal must be provided as a condition for making refunds. If a student breaches the visa conditions, no refund of the tuition fees will be made.
USA: Refunds are calculated from the Friday of the last week of attendance.

a) If a student has completed less than 60 percent of the initial enrollment period or any subsequent enrolment period, i.e.extension, Embassy English will retain a pro-rated amount of tuition at the non-discounted (General English) rate.
b) If a student has completed more than 60 percent of the total enrolment period, Embassy will not refund any unused tuition.
c) No Shows: Full tuition fees will be refunded.

When determining the number of weeks completed by the student, Embassy will consider a partial week the same as if a whole week were completed. All refunds due will be made 45 days following the date of cancellation and paid to the account from which original payment was made.

UK, Canada and Australia

No tuition fees will be refunded to students who notify the Embassy English Centre of their withdrawal after the commencement of their first course. When a student has enrolled in multiple locations/courses, the course start date for the purpose of this clause is that of the initial Embassy English course.

New Zealand

a) For courses of 1 to 34 days duration, if the student withdraws within the first 2 days of the course, they will receive 50% of the total fees paid. If they withdraw after the first 2 days, no refund is made.
b) For courses of 35 days to 3 months duration, if the student withdraws within the first 5 days of the course, they will receive 75% of the total fees paid. If they withdraw after the first 5 days, no refund is made.
c) For courses greater than 3 months, if written notice of termination is received by the end of the eighth day of the course, a termination fee of the lesser of NZD500 or 10% of tuition will apply. Students terminating after this period will not receive a refund.

Accommodation Refunds after Arrival

Students leaving their accommodation must give at least 28 nights of notice in writing. After deducting the price of accommodation used, including the required notice period charged at the standard accommodation rate, accommodation& fees in excess of the accommodation period will then be refunded, less the administration fee. Local policies may apply depending on provider and are available upon request

12. Visas

Students should contact their local embassy, Consulate or High Commission to ensure they are allowed to enter and study in their chosen country. If a student does not possess or maintain a valid visa status in accordance with the visa conditions then their course will be terminated without refund. For students wishing to study in the USA, Embassy English is authorised under Federal Law to enrol non-immigrant students. By law, to issue the I-20 form, with the Enrolment Form, we must receive:

a) The student's home address
b) Proof of sufficient funds to meet tuition and living expenses such as a current bank statement or a letter from their bank
c) A letter or notarised affidavit guaranteeing support from their parent or employer or sponsor
No visa support documentation will be provided until all fees have been received.

13. Holidays (public and Language Year Abroad)

Embassy English schools will be closed on public holidays and no compensation is provided for missed days due to public holidays.
All students in the USA and UK in Homestay accommodation over the Christmas and New Year 2 week period will be charged a seasonal supplement of GBP50 (UK) or USD100 (USA) per week.
Language Semester Abroad Start Dates and Holiday policies:
4 Jan, 16 Feb, 28 Mar (USA and Canada only), 29 Mar (UK, Australia and New Zealand only), 9 May, 20 Jun, 1 Aug, 12 Sept.
USA and Canada: For every 6 consecutive weeks attended, the student will be eligible for 1 week of vacation. Accrued vacation time may not exceed 8 weeks. If a portion of accrued vacation time is taken, the remainder is not transferable to a later date.
UK: One holiday booking per LSA semester. Holidays may be booked before or after arrival in Centre.
Australia: Up to 2 weeks holiday after every 12 weeks of study, to a maximum of 4 weeks in 1 year. Holidays must be booked pre-arrival.
New Zealand: Holidays may be booked after arrival provided the holiday falls within the end date of the visa.
LSA Holiday Policy: Holidays are flexible and may be booked according to the regional Embassy English school policy and visa conditions.

14. Resolution of disputes

In the event of a dispute between an individual student and Embassy English, procedures are in place to facilitate the resolution of the dispute. Any complaint should first be made to the student
Embassy English Centre Director. Each complaint will be fully investigated provided that it is received within a month of the course ending and all fees have been paid. If the matter is not resolved, the student should communicate in writing to the local Embassy English Head Office (see inside back cover).
In Australia, students may lodge an external appeal or complain about this decision through the Overseas Students Ombudsman. The Overseas Students Ombudsman offers a free and independent service for overseas students who have a complaint or want to lodge an external appeal about a decision made by their private education or training provider. See the Overseas Students Ombudsman website www.oso.gov.au or phone 1300 362 072 for more information. In New Zealand students may lodge a complaint with the International External Appeals Authority (IEAA): Please visit www.justice.govt.nz/tribunals/international-education-appeal-authority

15. Liability

Embassy English and its staff and representatives will not be liable for loss, damage or injury to persons or property howsoever caused except where liability is expressly imposed by law. Embassy English will not be liable in the event that any service contracted to be supplied by Embassy English becomes impossible to supply for any reason or any cause outside the control of Embassy English.

16. Valid prices

Prices are valid from 1 January 2016. Prices are subject to change without notice and will only be confirmed upon invoicing. For current prices please refer to embassyenglish.com. Agents should refer to the Partners website: embassyenglish.com/partners

17. Expulsion

Embassy English reserves the right to expel or evict from accommodations and courses arranged by Embassy English any student whose conduct is unsatisfactory at the discretion of the Centre Director. Unsatisfactory conduct includes but is not limited to; threatening behaviour, bullying, illegal activities, drug use, inappropriate alcohol use or repeated non-attendance of class.
In the UK, USA, Canada and New Zealand that decision is final. No fees will be refunded in such cases and any unpaid fees become payable immediately. In Australia, a student has the right to appeal against such a decision and details of that process are available from Embassy English. Students and their parents or guardians, where applicable, agree to pay the tuition fees and other charges applicable for the course on the due dates. It is understood and agreed that failure to do this may result in suspension from the programme
and cancellation of the enrolment.

18. Promotional activity

The student (and, where applicable, his or her parent or guardian a) agrees that the student photographs, videos, artwork or other works, as well as recorded or written testimonials and details of the student's achievements (hereto referred to as Student Images and Testimonials) may be used by Embassy and its parent company Study Group, or by a third party agent of Study Group, worldwide for promotional purposes including in its printed and online marketing materials and on any social media network without further consent or notification; and b) gives consent to Embassy and to its parent company Study Group storing, or transferring across international borders, copies of the Student Images and Testimonials for such purposes.

19. Student Promise and Guarantee

For the purposes of this clause the following terms have the following meanings:
Entry Level: Means the level of English you start your course with, as agreed with you on or around the first day of your course and recorded as your entry level on My Embassy English Student Dashboard
Progression: Means achieving or exceeding your Target Level
Study Plan: Means the expected improvement in your English over the duration of your course to go from the Entry Level to the Target Level as recorded on My Embassy English Student Dashboard
Target Level: Means the level of English you will aim to finish your course with (taking into account your Entry Level and chosen course), as agreed with you on or around the first day of your course and recorded as your target level on My Embassy English Student Dashboard
19.1 Subject to clause 19.2 below, if on your final assessment you do not Progress, you will be entitled, at your option, to either:
19.1.1 a refund of a proportionate amount of your tuition fee calculated from the date your English level was last below your Study Plan until the date of your final assessment; or
19.1.2 Additional lessons at no additional tuition cost until you Progress (subject to you having a legal right to continue your studies).
19.2 The options set out in 19.1 shall only apply if and when the following apply:
19.2.1 Your course is either the Standard or Intensive General English course for at least 12 consecutive weeks,
19.2.2 Your attendance at classes is 95% or higher,
19.2.3 You have completed all homework assignments on time,
19.2.4 You have completed all weekly unit reviews,
19.2.5 You have completed all tests on time as part of your Study Plan; and
19.2.6 You have taken advantage of all additional support that may have previously been offered to you where your English has been identified as behind your Study Plan

20. Data protection

Any information provided to Embassy English may be held on computer and shall be used in accordance with its data protection registration and the national data protection laws applicable. Embassy English may disclose appropriate personal data, including sensitive personal data of a medical nature, to relevant Embassy English staff and third parties where there is a legitimate need or obligation to do so. We will not share sensitive information about students to any third party without their consent unless there are exceptional circumstances, such as when the health and safety of student and others is at risk or where the law requires us to do so.

21. Further information: Australia

a) ESOS Framework: The Australian Government wants overseas students in Australia to have a safe, enjoyable and rewarding place to study. Australia's laws promote quality education and consumer protection for overseas students.  These laws are known as the ESOS Framework and they include the Education Services for Overseas Students (ESOS) Act 2000 and the National Code, and Tuition Protection Service (TPS). Visit the website https:/aei.gov.au/Regulatory Information/Education Services for Overseas Students-Esos Legislative-Framework/ESOS Regulations and https://tps.gov.au/static content/get student overview for details. A student who has any concerns about these matters after arrival at Embassy English, should contact the Centre Director.
b) Information provided may be made available to Commonwealth and State agencies and the TPS Administrator of the Tuition Protection Service; administrator@a.tps.gov.au, as part of our obligations under the ESOS Act 2000 and the National Code.
c) Each student must notify the campus of any change in their contact details or address while enrolled in the course.
d) All courses offering fewer than 24 lessons (20 hours) per week are not available to student visa holders.
e) CRICOS Provider Name: Study Group Australia Pty Limited.CRICOS Provider Code: 01682E.
f) Any school-aged dependants accompanying overseas students to Australia will be required to pay full fees f they are enrolled in either a government or non-government school.
g) Students studying in Queensland who are concerned about the conduct of a provider may contact officers of the Queensland Department of Education; the Chief Executive of that Department has power under the Education (Overseas Students) Act to suspend or cancel the registration of a provider or a course within that state.
h) Average living expenses Australia: AUD20,000 per year.New Zealand: NZD18,000 per year.
22. Further information: New Zealand
a)Protection of Student Fees: Fees paid by students will be fully protected by a Bank Guarantee and cash held by an independent Trustee. In the unlikely event of the Embassy English school closing prior to the conclusion of courses, school fees will be refunded on a pro-rata basis by the Trustee.
b) If students experience difficulty with procedures in New Zealand,they may contact the Qualifications Authority at PO Box 160 Wellington. Telephone: +64 4 802 3000. c) Code of Practice: Embassy English has agreed to observe and be bound by the Code of Practice for the Pastoral Care of International Students published by the Minister of Education. Copies of the Code are available on request from this institution or from the New Zealand Ministry of Education website www.minedu.govt.nz. The Code of Practice also establishes that International Educational Appeal Authority (IEAA) and the Review Panel receive and adjudicate on student complaints. Their email address is: info.ieaa@minedu.govt.nz.
d) Immigration: Full details of visa and permit requirements, advice on rights to employment in New Zealand while studying, and reporting requirements are available through the New Zealand Immigration Service, and can be viewed on their website at immigration.govt.nz.
e) Each student must notify Embassy English of any change to their contact details, accommodation type, and residential address.

23. Further information: USA

For students travelling as unaccompanied minors on flights to and from the USA, a one-way USD200 unaccompanied minor airport service fee will be charged. Pocket money requests will incur a processing charge of USD80.

24. Further information: UK

Pocket money requests will incur a processing charge of GBP50.  Courses with Standard 20 classes total 16 hours and 40-minutes of tuition per week, and with Intensive 28 total 23 hours and 20-minutes of tuition per week.

25. Force Majeure

Embassy English is not liable in the event where it is unable to fulfil any service to which it is contractually bound because of fire, natural disaster, acts of government, failure of suppliers or subcontractors,labour disputes, or other reasons which are outside its control. All the above terms are applicable to direct students and agents unless variations are expressly agreed between the agent and Embassy English or their parent company, Study Group, in writing.