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Terms and Conditions 

Interpretation:

1. The definitions and rules of interpretation in this Condition 1 apply to these terms and conditions (the “Conditions”).

Agreement: means the Contract and these Conditions.

College or DBS: means Accountancy & Business College (Ireland) Limited trading as Dublin Business School.

Contract: means the College’s (and, where applicable, DBS Services’) offer to provide the Services and the Student’s subsequent acceptance of it under Condition 2.2.

DBS Services: means DBS Services Sdn, Bhd. registered office Suite 9-08, Level 9, Wisma Warisan (Heritage House) 33 Jalan Yap Ahshak, 50300, Kuala Lumpur, Malaysia (formerly known as “DBS Educational Services Malaysia Sdn. Bhd”).

Document: includes, without limitation, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form.

Force Majeure Event: has the meaning given in Condition 9.

International Student: means a non-EEA Student.

Intellectual Property Rights: means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Offer Letter: means the College’s (and, where applicable, DBS Services’) letter of offer and/or the College’s (and, where applicable, DBS Services’) Offer/Acceptance form and/or the College’s re-registration form and/or (for the College’s professional school) the College’s enrolment form.

Programme: means any degree, diploma or any other programme and/or educational service to be provided by the College as set out in the Offer Letter.

Services: means the services to be provided to the Student by the College (and, where applicable, DBS Services) as set out in Offer Letter.

Student: means a person who has engaged the College (and, where applicable, DBS Services) to provide the Services.

2. The Student’s Contract:

2.1 These Conditions will apply to and be incorporated into the Contract and together set out the whole agreement between the parties for the supply of the Services.

2.2 The Offer Letter constitutes an agreement by the College entity specified therein (and, where applicable, DBS Services) to supply the Services specified in it on these Conditions. These Conditions will apply for the duration of the applicable Programme. A binding contact will be created in circumstances where the Offer Letter is countersigned by the Student. Where the Offer Letter is the re-registration form or the enrolment form or the letter of offer, a binding contract is created either by:

2.2.1 the Student signing the re-registration form and/or the enrolment form and/or the letter of offer; or

2.2.2 by conduct evidenced by the Student commencing or continuing to study; or

2.2.3 by paying part or all of the tuition fees either to the College or, in the case of International Students applying via an agent, to DBS Services.


2.3 Any representations made by the College or DBS Services and/or its servants or agents do not form part of the Agreement and the Student acknowledges that he or she did not rely on any such representations when entering into the Agreement.

2.4. If any of the Conditions are inconsistent with any term of the Offer Letter, the Offer Letter will prevail.


2.5. Allocation of programme places at the College is subject to eligibility requirements, course availability and student numbers and admission is at the sole discretion of the College. 

The following section 2.6 applies to International Students applying via an agent:

2.6     The management and administration of applications from International Students applying via an agent is undertaken for the College by DBS Services. The total fees payable by International Students applying via an agent are remitted to the Dublin bank account of DBS Services as collection agent of the College.  DBS Services retains a fee of €1,064 for administrative services relating to course application forms and / or visa applications carried out by the agent on its behalf.  The balance of any fees collected by DBS Services is remitted to the College for the provision of higher education services.


3. The College's Obligations:

3.1 The College will comply with all applicable statutory and regulatory requirements in the supply of the Services.

3.2 The College will comply with all relevant obligations of the Data Protection Act 2018 and the terms of the College privacy policy set on the College website, as amended from time to time.

4. The Student's Obligations:

4.1 The Student will comply with the regulations applicable to the Programme, a copy of which may be viewed in the College’s library.

4.2 The Student will complete an enrolment form and/or application form and/or re-registration form when requested to do so.

4.3 The Student warrants that all information contained in any application form, enrolment form and/or re-registration form or in any other Document submitted by the Student to the College is true and accurate.

4.4 The Student will conduct him or herself at all times in a manner which demonstrates respect for the College, servants or agents of the College, fellow students and College property.

4.5 The Student will at all times comply with the College’s student codes. Any breach of the College’s student codes by the Student may lead to expulsion and immediate termination of the Agreement, without refund.

4.6 International Students who require a student visa to enable study with the College must enrol and attend a minimum of 85% of classes.

4.7 The Student agrees to notify the College without delay in the event of any changes in his or her personal circumstances, to enable the College to comply with its obligations to keep information up to date.

5. Fees and Payment:

5.1 In consideration of the provision of the Services by the College (and, where applicable, DBS Services), the Student will pay the fees set out in the Offer Letter at the applicable time. The Student will thereafter be liable to pay the College any other fees due to the College from time to time with respect to the Programme of which the Student will be given notice.

5.2 Fees will become due for payment on the date set out in the Offer Letter or on any other date specified by the College.

5.3 Where the duration of the Course is for more than one academic year or the Student elects to repeat the academic year, fees will be due to the College prior to the commencement of the academic year.

5.4 Fees are subject to change each academic year.

5.5 Should the Student pay by way of cheque and the cheque is subsequently dishonoured, the Student will be liable to pay the College a €25 fee to cover administrative and bank charges.

5.6 If the Student does not make any payment due to the College or DBS Services by the date specified, the College or DBS Services may charge interest to the Student on the overdue amount at the rate of 7% a year above the European Central Bank rate. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Student must pay the College or DBS Services interest together with the overdue amount.

5.7 Subject to clause 5.7.4, if a student visa application has been refused, then the amounts paid, including deposits and unutilised fees, will be refunded less an administration charge of €100 (plus any courier and transfer charges) on production of the following documents:

5.7.1 original copy of the visa refusal letter;

5.7.2 copy of the Student’s passport showing both the photograph and signature; and

5.7.3 where the payer was not the Student, an original authority letter from the Student authorising the repayment to the payer.

5.7.4 Section 5.7 applies only to visa applications made outside Ireland and does not apply to International Students already resident in Ireland who are applying for renewal visas. For International Students already resident in Ireland, fees will not be refunded under any circumstances after commencement of the course. Where a visa is required to be renewed during a College Programme of study, it is the responsibility of the Student to confirm with the relevant authorities that the renewal application will be approved.

6. Cancellation and Deferral:

6.1 The Student may (unless studying on a student visa) no later than two weeks prior to the commencement of the Programme cancel his or her acceptance by providing the College with written notice. If the Student so cancels their study, the Student’s liability to the College will be limited to payment to the College of a cancellation fee of €100 which may be deducted from any applicable refund. Any refund made by the College will be made to the original payer. Full course fees will be payable if less than two weeks’ notice is given and no refund will be made in such circumstances. Refunds are not available of any amounts paid for study materials, where the materials have been supplied to the Student.

6.2 The Student may (unless studying on a student visa) defer enrolment in the Programme for one academic year, provided the College receives written notice at least two weeks prior to the Programme commencement date (the “Date of Deferment”) and the Student pays a €50 administrative fee. The fees or any deposit paid by the Student will not be refunded but will be carried forward to the following academic year. Should the College fees change between the Date of Deferment and the date of commencement of the following academic year the Student will be liable to the College for any additional amount due and must pay it before the commencement of such academic year.

6.3 Should the Student defer enrolment in the Programme as per Condition 6.2 and should the Programme not be continued by the College such following academic year, the College’s liability to the Student will be limited to a refund of the applicable fees paid by the Student for the Programme less the €50 administrative fee referred to above.

6.4 If the legally binding contract formed with the Student is not made in person with the Student at the College’s premises (for example by exchange of e-mails), the Student shall have the right to cancel the contract if the Student gives notice of cancellation to the College within the fourteen calendar day period beginning on the day following the day on which the College received the Student’s Offer/Acceptance Form and/or payment of any fees. If a Student exercises his or her right to cancel during this fourteen day period, he or she will receive a full refund of all amounts already paid by the Student less the cost of any services already performed by the College (or, where applicable DBS Services) before the end of the fourteen day period. Specifically, where the Student has received any books or other materials as part of the Services, the Student must return and bear the cost of returning the books and materials to the following address: 13/14 Aungier Street, Dublin 2.

The Student can notify the College at the following email address:

admissions@dbs.ie,

or by post to Dublin Business School, 13/14 Aungier Street, Dublin 2


7.  Protection of Enrolled Learners (PEL)

7.1 For all DBS courses covered by the provisions of Section 65 (4) of the Qualifications and Quality Assurance (Education and Training) Act 2012, (Protection of Enrolled Learners, or PEL), DBS has arrangements in place with Kaplan, Inc. (the Guarantor) such that on the occurrence of a Trigger Event, the Guarantor will refund the moneys most recently paid to the relevant payers.

7.1.1 Trigger Event:  means:

  1. where DBS does not provide the Programme for any reason including by reason of insolvency or winding-up of DBS, and/or

  2. where Enrolled Learners have begun a Programme but not completed that Programme and DBS ceases to provide the said Programme before the said Programme is completed for any reason, including by reason of insolvency or winding up of DBS, and/or

where the Authority (QQI) withdraws validation of a Programme under section 36(7), section 47, or section 59(7) of the Act.

7.1.2 Moneys Most Recently Paid:  the moneys most recently paid to DBS by, or on behalf of, an Enrolled Learner in respect of a Programme for

  1. tuition fees,

  2. registration fees,

  3. examination fees,

  4. library fees,

  5. student services fees, and

  6. any other fees which relate to the provision of education, training and related services.

7.1.3 Payer:  the person who paid the Moneys Most Recently Paid. 

7.2 In the event that the Programme(s) cease prior to completion, the General Counsel for Kaplan International will be responsible for initiating the drawing down of the guaranteed amounts and ensuring that such amounts are distributed to learners or payers, in accordance with Section 65 (4) (b) of the Act. Contact details for the General Counsel are as follows:

Email: general.counsel@kaplaninternational.com

 

Address: Kaplan – Legal Department

Palace House, 3 Cathedral Street

London SE1 9DE

 

8. Intellectual Property Rights:

8.1 All Intellectual Property Rights in any Document produced by the College in connection with the Services will be the sole and exclusive property of the College and the Student will not use the Documents produced by the College for any commercial purpose.

9. Liability:

9.1 Subject to Conditions 9.2 and 9.3, the College or DBS Services will not be liable to the Student by reason of any representation or warranty, condition or other term or any duty of common law, or under the express conditions of this Agreement, for any consequential, special, incidental or punitive loss or damage, including but not limited to, loss of income or revenue, loss of business, loss of anticipated savings or data and whether occasioned by the negligence of the College, DBS Services, their employees or agents or otherwise, even if advised of the possibility of such damages.

9.2 Liability of the College or DBS Services for losses arising from its negligence, breach of contract or otherwise will be limited to the full amount paid by the Student for the particular Programme.

9.3 Nothing in these Conditions will exclude or limit the liability of the College or DBS Services for death or personal injury resulting from the negligence of the College or DBS Services or any of their employees or agents, nor will they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.


10. Events Outside the College’s or DBS Service's Control:

10.1 The College and DBS Services will not be liable or responsible for any failure to perform or delay in performance of any of its obligations under the Conditions that is caused by events outside their reasonable control (a “Force Majeure Event”).

10.2 A Force Majeure Event includes any acts, events, non-occurrence, omission or accident beyond the College’s or DBS Services’ reasonable control and includes, in particular (without limitation) the following:

10.2.1 strikes, lock outs or other industrial action; or

10.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack or (whether declared or not) threat or preparation for a war; or

10.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic, other natural disaster; or

10.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or

10.2.5 impossibility of the use of public or private telecommunication networks.

10.3 The College’s and DBS Services’ obligations under the Agreement will be suspended for the period of the Force Majeure Event. The College and/or DBS Services will take reasonable steps (if within their reasonable control) to bring the Force Majeure Event to a close or to find a solution by which the College’s or DBS Services’ obligations under the Agreement can be performed despite the Force Majeure Event.


11. Termination:

11.1 The College and/or DBS Services may terminate the Agreement immediately (and refuse entry to or continuation of study) if the Student fails to discharge fees when due, fails to meet the ongoing attendance requirements or for late commencement of study. No refunds will be made to any Students dismissed under this Condition 11.1.

11.2 Students are expected to conduct themselves at all times in a manner which demonstrates respect for the College and its staff, fellow students and property. Breaches of the student code of conduct can amount to gross misconduct, which may lead to expulsion from study without any refund.

11.3 Where the Agreement is terminated, or the Student discontinues study, except where the termination arises from a cancellation of the Agreement in accordance with Conditions 6.1, 6.3, 6.4 and/or 14.2, any fees/and or deposits paid by the Student will not be refunded.

11.4 Termination will not affect either party’s outstanding rights or duties, including the College’s or DBS Services’ right to recover from the Student any fees owed by the Student under the Agreement.

11.5 Subject to clause 6.4, the Student will not be entitled to a refund of any fees and/or deposits under any circumstances once the Student has commenced study at the College.

11.6 The College reserves the right to inform the appropriate authorities where a Student has been so removed from study with the College or is failing to meet ongoing attendance requirements.


12. Assignment:

12.1 The Student may not transfer any of his or her rights or obligations under the Agreement to another person. The College or DBS Services can transfer all or any of its rights and obligations under the Agreement to another organisation, but this will not affect the Student’s rights under the Agreement.


13. Notices:

13.1 The College or DBS Services may give notice to the Student at either the email or postal address provided to the College or DBS Services in the Student’s application form. Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter. In providing the service of any notice it will be sufficient to prove, in the case of the letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that an email, was sent to the specified email address of the addressee.

14. General:

14.1 The College reserves the right to record all classes using our software for the purpose of delivering our material in an online format. This material will be available for playback to those participating on the module of that recording. Recordings may be both audio and visual. Students may not make their own recordings or copy any recordings.

14.2 While the College will make every effort to provide the Programme as described, the College may change Programme subjects, tutors, dates and locations.

14.3 Where the College discontinues the Programme the College’s liability to the Student will be limited to a refund of fees paid to the College by the Student, less the cost of providing the Services prior to the cancellation of the Programme by the College.

14.4 If the Student’s employer is paying for the Student’s participation in the Course, the College may send the Student’s employer the Student’s test results and progress and attendance records.

14.5 If any Court or competent authority declares that any provision of the Agreement is invalid, unlawful or unenforceable to any extent, the relevant provision will, to that extent only, be severed from the remaining Conditions which will continue to be valid to the fullest extent permitted by law.

14.6 If the College fails at any time while these Conditions are in force to require that the Student perform any of his or her obligations under the Agreement, or if the College does not exercise any of its rights or remedies under the Agreement, that will not mean that the College has waived such rights or remedies and will not mean that the Student does not have to comply with these obligations. If the College does waive a default by the Student, it will not mean that the College will automatically waive any subsequent default by the Student. No waiver by the College of any of these Conditions will be effective unless the College expressly says that it is a waiver and tells the Student so in writing.

14.7 The Agreement will be governed by Irish law and the parties both agree to the exclusive jurisdiction of the Irish Courts.