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Terms

 

Schools/University Placements – Terms and Conditions

These Terms and Conditions must be read and understood in accordance with the document entitled Higher Education or Schools Consultancy Form (“the Form”)

1. Definitions
Application Service means the various elements set out in the Schedule hereto;
Application Service Fee means the fee payable by the client for the Application Service purchased as set out in the Schedule hereto (as amended from time to time);
Client means the purchaser of Norton Alexander’s Services;
Consultation means the initial communication between Norton Alexander and the Client;
Consultation Fee means the fee payable by the client for the one-hour consultation, as set out in the Form (as amended from time to time);
Fees means the Consultation Fee and for Application Service Fee sums payable to Norton Alexander by the Client for the provision of the Service (as amended from time to time);
Norton Alexander means Norton Alexander
Parent means parents, grandparents, guardians, agents or any other person authorised by the parents to act on their behalf;
School means an educational institution providing for primary education, secondary education, and/or both primary and secondary education and/or university of other provider of further or higher education;
Services means the provision of consultancy to Students and parents with an Application Service in relation to education and/or the recommendation of the School to Parents in respect of Students each as set out in the Schedule hereto;
Student means a person for whom Norton Alexander recommends the School for its education;
Territory means the United Kingdom, Isle of Man and Channel Islands.

2. Authorisation and Consent
The Client grants its consent to the provision of the Services by Norton Alexander.
The Client authorises Norton Alexander to make all arrangements which are in its opinion necessary to fulfil the Services.
The Parents hereby grant to Norton Alexander their consent for the use of photographs and other supporting documentation (such as school, and educational psychologists’ reports, university transcripts, examination certificates and/ or any other reports) in connection with the Services.
The Client shall provide the necessary authorisation and consents to enable Norton Alexander to liaise with the student’s current school and to allow the Schools to provide Norton Alexander

the necessary information it may require concerning the Student throughout the duration of the Services.
The Client shall provide the necessary authorisation and consents to enable Norton Alexander to liaise with the Schools which are the subject matter of the Service, and to enable such schools to provide Norton Alexander the necessary information it may require concerning the Student throughout the duration of the Services.
The Client confirms and undertakes to provide Norton Alexander with all the information required to undertake the Services.
The Client understands that failure to disclose all the necessary information to Norton Alexander may lead to Norton Alexander terminating the Services.

3. Obligation of Norton Alexander
Norton Alexander shall at all times exercise, in providing the Services, the reasonable skills, care and diligence of a competent provider with the skills and resources to provide the Services.
Norton Alexander shall keep the Client informed of the progress of the Services and shall ensure that all documentation undertaken during the provision of the Services is efficiently conducted and submitted to the Client.
Norton Alexander shall oversee, administer and liaise on behalf of the Client with the School (and/or any other nominated third party) throughout the duration of the Services.
Norton Alexander shall keep the Client informed at all times of all material changes from time to time in relation to the Services.

4. Client Obligations
The Client confirms that they are the persons legally and properly entitled to act on behalf of the Student.
The Client must not provide Norton Alexander with any information which is misleading. It is the responsibility of the Client to ensure that the information provided is accurate.
Norton Alexander shall not be held liable for any act or omission which arises as a result of it having been provided false, inaccurate or misleading information.
In the event of any changes to the information provided to Norton Alexander the Client shall immediately notify Norton Alexander of such changes.
The Client is responsible for the Fee payable in respect of the Services in accordance with the provisions set out in these terms and conditions.

5. Fee
The Client agrees to pay the Fee to Norton Alexander. The Consultation Fee is payable upon the signature of the Form. The Application Service Fee is payable if a Service is to be

purchased. No Services shall be undertaken by Norton Alexander until the Fees have been received as cleared funds by Norton Alexander. The Fees shall be paid in pounds sterling.

Norton Alexander may provide additional ad-hoc services if requested by the Client, such as interview practice, accompanied visits, visits to a Client’s home and/or hotel, and out-of-hours consultations. Such services and reasonable expenses will be chargeable separately and are payable in advance of the additional services being carried out.
Norton Alexander cannot accept payments in cash in excess of £2000.  Should this policy be circumvented by depositing cash direct with our Bank Norton Alexander reserves the right to charge for any additional checks deemed necessary regarding the source of funds and in such circumstances there may not only be a delay in returning funds but there may also be delays in relation to any transaction which are beyond Norton Alexander’ control.
The Fee due under these terms and conditions shall be paid by the Client within 21 calendar days from the date of invoice. Payment must be made either by cheque payable to Norton Alexander Educational Consultants Limited or by bank transfer using Norton Alexander banking details as contained on the invoice.

The Client may cancel the Consultation at any point up until 24 hours before the Consultation is due to take place. For cancellation within 24 hours of the scheduled Consultation Norton Alexander will retain 50% of the Consultation Fee.
At the Consultation, if the Client decides to purchase a Service for which the Application Service Fee will be payable, the Consultation Fee will be credited to the amount due for the Application Service Fee.
Norton Alexander reserves the right to request payment for any expenses (such as travel costs) incurred as a result of the cancellation of an appointment by the Client.
Norton Alexander reserves the right to request further payments if the Fees are not sufficient to discharge any part of the Services. Norton Alexander shall have the right, if such additional payments are not met by the Client, to discontinue the provision of the Services until it has received the full further payments.
Unless in extreme unforeseen circumstances, once paid, the Fees are non-refundable, once Norton Alexander has commenced the provision of the Services. In such cases, refunds are at the discretion of Norton Alexander and if agreed, the amount will be pro-rated, and reduced by the amount of work already undertaken by Norton Alexander up to that point.
Norton Alexander reserves the right to charge interest on any amount paid late by the Client at the rate of 4% above the base rate of Barclays Bank Plc accruing from day to day until paid.

6. Termination
Without prejudice to the other remedies or rights a party may have, either party may terminate these terms and conditions immediately, at any time, on written notice to the other party (‘Other Party’) if:

the Other Party is in material breach of its obligations under these terms and conditions and if the breach is capable of remedy and the breach is not remedied within 30 calendar days of the Other Party confirming the breach in writing and requiring the breach to be remedied; or the Other Party (being a company) becomes insolvent or if an order is made or a resolution is passed for the winding up of the Other Party (other than voluntarily for the purpose of solvent amalgamation or re-construction), or if an administrator, administrative receiver or receiver is appointed in respect of the whole or any part of the Other Party’s assets or business, or if the Other Party makes any composition with its creditors or takes or suffers any similar or analogous action in consequence of debt; or the Other Party is guilty of gross misconduct or is convicted of any criminal offence within the Territory or becomes of unsound mind or a patient under any statute relating to mental health.
In the event of any serious misbehaviour or misconduct by the Student, Norton Alexander shall immediately be released from all of its obligations to the Client under these terms and conditions and the Client shall not be entitled to any refund of the Fee (if relevant).

7. Liability
The Client acknowledges that in entering into these terms and conditions, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in these terms and conditions and any conditions, warranties or other terms implied by statute or common law are excluded from these terms and conditions to the fullest extent permitted by law.
All test results, applications and outcomes are determined by the School. Norton Alexander shall bear no liability for such outcomes. Norton Alexander’ role herein is to offer support and guidance to the Client. Such Support is based on Norton Alexander’ objective view and the Client is recommended to conduct its own independent research on each School and its suitability to the student.
It is acknowledged and understood that the final decision as to the choice of School is the Client’s and Norton Alexander has no further responsibility in such decision, and thereafter, once the Student attends a School.
As the part of the Services relate to the School with the consent of the Client, Norton Alexander shall not be responsible to the Client or the Student for any acts or omissions of the School relating to the Student.
If Norton Alexander, as part of the Services, offers administrative support with immigration visas or requirements including other entry or re-entry documents which may be required for the Student, it is hereby agreed that Norton Alexander shall not be responsible for any refusal, conditional entry or breach of any immigration legislation of the Territory. Any legal responsibility shall therefore remain with the Client and the Student.

8. Confidentiality
Each party shall keep confidential these terms and conditions and all confidential information that it may acquire in relation to the Services or affairs of the other party. Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under these terms and conditions.

9. Force Majeure
Neither party shall have any liability under or be deemed to be in breach of these terms and conditions, which result from circumstances beyond the reasonable control of that party. The party affected by such circumstances shall promptly notify the other party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than a term, either party may terminate these terms and conditions by written notice to the other party.

10. Variation of Terms and Conditions
Norton Alexander reserves the right to vary or add to these terms and conditions, if necessary, to comply with any applicable laws or as otherwise determined necessary by Norton Alexander.
No variation, additions or waiver to these terms and conditions shall operate to release the Parents from its obligations under these terms and conditions.

11. Data Protection
The parties undertake to comply with the provisions of Data Protection Act 1998 and any related legislation in so far as the same relates to the provisions of these terms and conditions.
Norton Alexander would like to keep in touch with you to enable us to offer you more valuable services in time to come, via telephone, email, post, mobile phone or otherwise, e.g. social media. Please inform Norton Alexander at the time of the Consultation if you would prefer not to be contacted.

12. Assignment
The Client shall not assign, delegate, sub-contract, or otherwise transfer any or all of its rights and obligations under these terms and conditions.

13. Waiver
No failure or delay by Norton Alexander in exercising any right, power or privilege under these terms and conditions shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in these terms and conditions are cumulative and not exclusive of any rights and remedies provided by law.

14. Agency
These terms and conditions shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in these terms and conditions. Neither party shall have, nor represent that it has, any authority to make any commitments on the other party’s behalf.

15. Severance
If any provision of these terms and conditions is prohibited by law or judged by a court to be unlawful, void or

unenforceable, the provision shall, to the extent required, be severed from these terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of these terms and conditions and shall not in any way affect any other circumstances of or the validity or enforcement of these terms and conditions

16. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

17. Third Parties
Nothing in these terms and conditions shall confer on any third party any rights or benefit under the provisions of the Contracts (Rights of Third Party) Act 1999.

18. Proceeds of Crime Act 2002 (“the Act”)
The Act requires Norton Alexander to report to the Serious Organised Crime Agency any circumstances which cause Norton Alexander to suspect, or which are considered such that Norton Alexander ought to suspect, that the Parents, the Student or anyone else involved in the Services has or will benefit from some financial crime.
A “financial crime” means not just fraud but dealing with the proceeds of any criminal activity, wherever committed, including theft, terrorism, drug trafficking and failure to pay any tax or duty.  The benefit can be of any amount, so for example, failure to pay a vehicle road fund licence or television licence would be covered by the Act.  Failure by Norton Alexander to comply with the Act is itself a criminal offence.
Although Norton Alexander are under a professional duty to keep the affairs of the Parents and Student confidential, this obligation, however, is subject to a statutory exception.  If Norton Alexander has to make a report, the Act requires Norton Alexander to undertake no further work until authorised to proceed by the Serious Organised Crime Agency.  It also prevents Norton Alexander from advising the Parents and or Student that a report has been made or providing an explanation as to why Services or transactions have ceased because the law prohibits “tipping off”.
Where the law permits Norton Alexander will advise the Parents about any potential money laundering problems and explain why actions may be necessary.
Norton Alexander’ duties under the Act take precedence over all professional and contractual obligations.   Accordingly, by entering into this agreement the Parents accept that Norton Alexander will not be liable for any loss suffered because Norton Alexander has made a report under the Act and or have ceased work or the Services while authority is awaited to proceed.

NORTON ALEXANDER EDUCATIONAL

By filling in a Form and paying the Fees, you agree to be bound by these Terms and Conditions.

 

Schedule

APPLICATION SERVICES and APPLICATION SERVICE FEE

The Service offered to a client will consist of some or all of the following elements. The elements included within each Service will be agreed with the client prior to purchase

Schools:

  • Initial Consultation (at Norton Alexander office, or by phone, skype)
  • Review of reports and test recommendation if appropriate
  • Specific Recommendations of up to 5 schools with established availability
  • Arrangement of Visits
  • Accompanied visit by Norton Alexander Consultant  to first choice school (excluding travel costs)
  • Registration of student
  • Application form guidance
  • Interview Practice
  • Final Decision Consultation (at Norton Alexander office, or by phone, skype)
  • Pastoral briefing on beginning school
  • Emergency placement option at less than a term’s notice

Higher Education:

– Initial Consultation (at Norton Alexander office, or by phone, skype)
– Specific Course and Institution Recommendations
– Establishment of entry requirements non A-Level/ IB students
– Outline of Process
– One accompanied visit by Norton Alexander Consultant to university of first choice
– (excluding travel costs)
– Application form guidance
– Final Decision Consultation (at Norton Alexander office, or by phone, skype)

Masters Application:

– Initial Consultation (at Norton Alexander office, or by phone, skype)
– Specific Course and Institution Recommendations
– Application form guidance
– Interview Advice
– Final Decision Consultation (at Norton Alexander office, or by phone, skype)

Support Service:

  • Assessment of situation
  • Guidance and support in unexpected circumstances
  • Recommendations for future action
  • Support to implement these
  • Sourcing of academic support
  • Interview preparation
  • Supporting progress
  • Assistance with liaison with institution as necessary

Additional ad-hoc services shall be priced accordingly at the relevant time