Student Terms and Conditions (the “Terms and Conditions”)
IMPORTANT INFORMATION – PLEASE READ CAREFULLY
These Terms and Conditions apply to the provision of education and other services to you by the University of Derby (the “University”) in connection with your place on a University programme of study. These Terms and Conditions apply to undergraduate programmes, postgraduate taught programmes and postgraduate research programmes and form part of the contract between you and the University and also incorporate the additional documentation listed in section 1 (the “Contract”). You may enter into additional contracts with the University for other services, such as accommodation or gym membership.
These Terms and Conditions provide important information about the rights and responsibilities of both the University and you under the Contract.
Please ensure that you read these Terms and Conditions carefully and understand them fully before you accept the University’s offer as detailed in the University’s offer letter because the University will apply and rely on them during your time as a student. Your Contract with the University will be formed when you accept the University’s offer of a place.
Membership of the Union of Students, Derby is accorded automatically by enrolling at the University. You do, however, have the right not to be a member of the Union of Students, Derby. If you wish to opt-out of membership at any time you can do so at any time by providing your name and your student id (if available) to studenthub@derby.ac.uk or in writing to Student Records and Awards, University of Derby, Kedleston Road, Derby. DE22 1GB. The Union of Students, Derby is regulated in accordance with the Education Act 1994, and the relationship between the Union of Students, Derby and the University is regulated by a formal Code of Practice. Further information on these matters is available via the Union of Students’ website: www.derbyunion.co.uk
The University would like to draw your specific attention to sections 3, 6 and 7, which include important information about the University’s rights to make changes to the Contract, the University’s liability to you and the University’s rights to terminate the Contract.
If you are an overseas or EU student, section 10 of these Terms and Conditions is especially important for you to read and understand.
Additional conditions for online programmes are included in section 12 of these Terms and Conditions.
In addition, section 13 of these Terms and Conditions contain additional provisions for students are studying Apprenticeships at the University.
1. Information about the University (“us”/”we” / “our”) and information about our Contract with you and how and when it is formed
About Us
1.1 The University is A Private Company Limited by Guarantee without share capital and is an exempt charity.
1.2 The University’s business and service address is Kedleston Road, Derby, Derbyshire, DE22 1GB.
1.3 For any queries, please contact studenthub@derby.ac.uk
Our Offer
1.4 You will receive an offer letter detailing our offer of a place on a programme to study with us (the “Offer”). The Offer will provide you with important information about:
- the programme you have selected to study (the “Programme”);
- details about the tuition fees payable by you for the Programme, (the “Fees”);
- the duration of the Programme (Part-time study is pro-rated from this duration depending on the pace of study); and
- details of any conditions that may apply to your Offer.
Conditions that apply to our Contract
1.5 Your Offer (together with the specific conditions set out in this section of the Terms and Conditions) may contain specific requirements for admission onto and your continued registration on the Programme (the “Conditions”), and will either be a “conditional” or an “unconditional” Offer. You must provide us with satisfactory evidence of your qualifications and compliance with any additional conditions when asked to do so by us. If you fail to meet or fail to continue to meet any of these Conditions, or if you fail to give us reasonable evidence that you have met these Conditions as set out in the Offer, we may end this Contract as set out in section 6.
1.6 You must enrol for each academic year at the start of each academic year (or by the relevant dates notified to you by your Programme team) either via the University’s online enrolment process or by completing the appropriate form provided by the University.
1.7 Upon receipt of your Offer, you must disclose to us all relevant unspent criminal convictions (excluding motoring offences). as soon as possible by emailing myapplication@derby.ac.uk with all the applicable details. Upon receipt of this information, our Admissions team shall consider your disclosure on a case-by-case basis and will contact you if further information is required. The University will only ask for information relevant to its obligations to safeguard students or to comply with professional requirements and in line with Criminal Convictions Policy. We will take into account all relevant information and will carry out a risk assessment to determine whether it is necessary to exclude an applicant from admission to the University or to place any specific conditions on admission, for example exclusion from University accommodation.
1.8 After accepting your Offer until enrolment (where section 1.9 will apply), you must inform the Admissions Team as soon as possible by emailing myapplication@derby.ac.uk if you become subject to any relevant criminal investigation, proceedings, bail conditions (including pre-charge bail) police cautions or any court order (for example, a Sexual Harm Prevention Order) to enable the University to carry out the risk assessment described in section 1.7.
1.9 Once enrolled, you must inform your Programme leader as soon as possible if you become subject to any relevant criminal investigation, proceedings, bail conditions (including pre-charge bail) police cautions or any court order (for example, a Sexual Harm Prevention Order). The University will consider any such disclosure in line with its Disciplinary Procedure.
1.10 Certain Programmes require disclosure of relevant criminal convictions upon receipt of your Offer and on a continuing basis throughout your studies, as part of professional standards or other external accreditation organisations. Where relevant, details will be set out in your Offer and represent conditions that must be met in order to be admitted to the University. For certain Programmes which include placements, you will be required to declare all unspent and relevant convictions and to complete a criminal records check with the Disclosure and Barring Service as a pre-condition to participating in any placement.
1.11 It is your responsibility to make sure that all of the information you give us is true, accurate, complete and not misleading, and ensure your information is kept up-to-date for the duration of your Programme.
1.12 Providing information that is inaccurate, incomplete, false, or misleading may result in your application being rejected or withdrawn, and your Contract with the University being terminated. We may also refuse to consider any future applications from you.
1.13 The University is committed to providing an inclusive and accessible environment. We take seriously our duty to implement reasonable adjustments to remove barriers that put students with disabilities at a substantial disadvantage compared to those who do not have disabilities.
1.14 We therefore encourage individuals to disclose their disability and support needs and engage in any necessary discussion or health assessments as required by the University at the earliest opportunity. Early disclosure of a disability during the admissions process enables the University to contact you at an early stage to discuss any support requirements and begin arrangements for appropriate support. Following disclosure and contact from the University, it is your responsibility to engage with the process and complete any required steps. Please note that support arrangements can usually only be put in place once you have met with a member of the relevant support team and any necessary information has been provided. Where individuals do not disclose their disability and support needs early on, this may lead to delays in the implementation of reasonable adjustments and as a result, support may not be able to be implemented until after an individual arrives at the University and begins their Programme.
1.15 There may be exceptional circumstances where an individual:
- may be asked to defer their entry to allow the University time to make the necessary reasonable adjustments; or
- is unable to undertake a Programme for a reason related to their impairment or condition despite all reasonable adjustments being made by the University.
Such cases will be assessed by the Student Services and relevant Programme faculty on a case-by-case basis.
Our Contract and what it includes
1.16 The Contract includes the following:
1.17 For the avoidance of doubt, the Student Entitlement and Responsibilities for HE and Student Charter do not form part of the Contract as they are treated as a non-binding guide of mutual expectations, rather than a legally binding obligation. This means they may be updated by the University from time to time and the most recent version will be published on the website.
How to accept our Offer and how and when our Contract will be formed.
1.18 Your Offer can be accepted through UCAS TRACK or, where your Offer is made directly by the University, through the Admissions department. Full details about how you can do this will be set out in your Offer.
1.19 You must make sure that you accept your Offer within the time period specified in the Offer as, if you do not, your Offer will be withdrawn.
1.20 You should check that you are happy with the contents of your Offer, and all of the terms identified in it and in these Terms and Conditions, before you accept.
1.21 The Contract becomes binding when you accept your Offer.
2. Your legal rights to cancel the Contract
Your right to end the contract during the statutory Cooling Off Period
2.1 Once the Contract has been formed, you have a legal right to cancel the Contract for any reason within 14 days after the date you accept your Offer (the “Cooling Off Period”).
2.2 To cancel during the Cooling Off Period, you must inform the University of your decision to cancel by a clear statement (e.g. a letter sent by post or email). You should exercise your right to cancel by informing UCAS or contacting us at Admissions Manager, Admissions, Kedleston Road, Derby DE22 1GB or at acceptmyoffer@derby.ac.uk. You may use the model Cooling Off form attached at Appendix A - Terms & Conditions, but you do not have to.
2.3 To meet the Cooling Off Period deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cooling Off Period has expired.
2.4 If you cancel within the Cooling Off Period the University will reimburse you any Fees already paid without undue delay and in any event within 14 days.
2.5 If your Programme is due to begin during the Cooling Off Period (for example, if you have applied through clearing) then, by accepting your Offer, you are expressly agreeing that the service should begin within the Cooling Off Period. If you subsequently decide to cancel the Contract within the Cooling Off Period, you will be liable to pay a proportion of the Fees to cover the period from the commencement of our service to you to the date of cancellation as set out in the relevant withdrawal calendar (see section 5.5).
2.6 You have the right to end this Contract for any reason after the Cooling Off Period has ended, but it is important to note that you will be liable to pay a proportion (or all) of your Fees as set out in the relevant withdrawal calendar (see section 5.5).
3. University's obligations and our liability to you
Our obligations
3.1 During the Contract (as described in our Offer) the University agrees to:
- provide the educational and other facilities and services with all reasonable care and skill; and
- you with accurate information about the provision of the educational and other facilities and services related to your Programme and your status as a student at the University.
3.2 The services provided by the University will include the following:
- teaching required as part of the Programme;
- supervision by tutors, where appropriate;
- assessment;
- assessment feedback;
- relevant IT and information/library services required to enable you to complete your Programme and which is made available to all students in accordance with our IT policy as updated from time to time. For the avoidance of doubt, the University does not guarantee any set level of internet speed and does not provide any personal hardware;
- student wellbeing and in-class support where appropriate and as set out in an agreed support plan; and
- reasonable careers guidance.
3.3 The University may make changes to its educational and other facilities and services as described in section 7.
3.4 If we fail to comply with our obligations under this Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.
Limitations of liability
3.5 We cannot accept responsibility and we will not be liable to you for:
- any damage to your property (including to vehicles and bicycles parked on campus or at other parking locations as designated by us and to personal equipment such as mobiles, tablets and laptops) that are not the result of the actions of the University or its staff;
- work submitted for assessment that is not returned except where there is an express undertaking by us to return the work;
- personal injury or death except where caused by our negligence;
- loss of opportunity and loss of income or profit, however arising.
3.6 The University takes reasonable steps to ensure that computer equipment and software it makes available for your use has reasonable security and anti-virus facilities and protections. The University shall not, however, be liable for any loss or damage suffered by you as a result of use of any computer equipment or software provided or made available to you by the University, including (but without limiting the general nature of this condition) any contamination of software or loss of files as a result of using the University equipment or software, unless such loss has been caused by the University’s negligence. The University will not be liable to you where the damage suffered could have been prevented had you complied with the reasonable instructions of the University, including its IT Acceptable Use Policy, in terms of how to minimise or avoid the potential damage. We do not exclude or limit in any way our liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- any other matter which we are not permitted to exclude or limit our liability by law.
Events outside of our control
3.7 Whilst the University undertakes to take all reasonable steps to provide the Programme and other facilities and services with reasonable care and skill, sometimes circumstances beyond the University’s reasonable control that could not be prevented even if the University had taken reasonable care (“Events Outside of Our Control”) mean that we are prevented from, hindered or delayed in providing or otherwise cannot provide the Programme, related educational and other services and facilities as described.
3.8 Events Outside of Our Control include (but are not limited to):
- earthquake,
- fire or flood,
- storm,
- acts of God or of public enemies,
- epidemic or pandemic,
- national emergency,
- invasion,
- insurrection,
- riots,
- industrial disputes by third parties,
- telecommunications failure,
- interruption of services rendered by any public utility but not where the same has arisen as a result of our breach of any contract or obligation owing to that public utility,
- or interference from any local, national or supra-national government agency or official,
- damage to buildings or equipment,
- sanctions imposed by any country,
- the unanticipated departure or absence of key members of University staff where the University could not have foreseen or mitigated this,
- withdrawal by any government or local authority of any licence; and/or
- where the numbers recruited to the Programme are so low that it is not possible to deliver an appropriate quality of education for students enrolled on it.
3.9 Where Events Outside of Our Control occur, we will notify you that the events have occurred and will take all reasonable steps to minimise the resultant disruption to those applicants or students who are affected, by, for example:
- offering the opportunity where reasonable possible to move to another programme;
- deferring the start date for the Programme;
- delivering the Programme in a different way, from another location or online, or at another time;
- delivering a modified version of the same Programme;
- modifying assessment methods and processes;
- assisting you to transfer to complete the Programme at another institution; and/or
- delivering other services and facilities in a different way, from a different location or online.
3.10 If you are not satisfied with any such steps to mitigate the disruption caused by Events Outside of Our Control, you may terminate your Contract with us. Alternatively, you make a complaint under the Student Complaints Procedure.
3.11 Where Events Outside of Our Control occur and the University is unable to take steps to minimise the resultant disruption to students then neither the University nor you will be liable for breach of this contract nor for continued compliance with the contract including the provision of further tuition or services, payment of further Fees, making refunds of Fees paid or other loss or damage of any kind.
4. Your obligations
4.1 During the Contract, you agree to:
- pay us the Fees when due;
- enrol/re-enrol each academic year of the Programme;
- comply with immigration obligations, if applicable;
- make relevant criminal convictions disclosures;
- make occupational health disclosures where required as a condition of your Programme or as a result of any decision under the University’s Support to Participate in University Life, Professional Conduct and Professional Suitability Procedure or Disciplinary Procedure;
- attend lectures, training, tutorials, examinations and other activities which form part of the Programme as set out in the Student Participation Policy (subject to absence for genuine medical reasons or other special circumstances);
- complete and submit all work required for the Programme by published deadlines or inform Module Leaders where a situation arises that prevents you from doing so in accordance with Academic Regulations;
- carry out adequate preparation for any activity which you are required to undertake in connection with your Programme outside the University;
- provide the University with an emergency contact name and details which may be used by the University in the case of a medical or other emergency;
- familiarise yourself with and abide by the Academic Regulations, Policy and Procedures (“Regulations”);
- comply with any professional standards that may be applicable to the Programme, as detailed in your Offer;
- comply with the Student Code of Conduct whilst on University premises and during University-organised activities;
- comply with the University’s Freedom of Speech Code of Practice;
- carry your University issued Student Identification Card (“Smart Card”) with you at all times whilst on University premises or engaged in University activities and present it to authorised University staff if requested to do so;
- comply with any reasonable instructions issued to you from time to time by or on behalf of the University;
- notify the University promptly of any changes to the information which you previously notified to the University, for example if you change your correspondence address; and
- notify the University promptly in the event that you choose to withdraw from your Programme for any reason. If you do withdraw from your Programme for any reason, the provisions of section 6 will apply to your withdrawal.
4.2 Key provisions of the Regulations of which you should be aware include:
- the University’s expectations regarding student attendance, academic due diligence and academic progress. Failure to meet these expectations may mean that you are not permitted to progress with your Programme. Further information can be found in the Student Participation Policy.
- the University’s rules regarding academic misconduct, including plagiarism. Breach of these rules may result in a disciplinary process and the imposition of academic penalties and/or expulsion. Further information can be found in the Academic Regulations.
- the University’s rules regarding payment of fees due. If you do not pay money that you owe to the University, the University reserves the right to withdraw its services and/or your right to use its facilities where it is necessary and proportionate to do so. In deciding whether to do so, the University will consider all circumstances of your case. Further information can be found in the section 5.6 and 5.7.
- the University’s Student Code of Conduct, which set out our expectations of student behaviour. Breach of the Student Code of Conduct could result in a disciplinary process under the Disciplinary Procedure which could result in expulsion from the University.
- the University’s Support to Participate in University Life policy, which describes the steps the University may take if there are concerns about your health and wellbeing that raise questions about your fitness and suitability to continue to study.
- the University’s Freedom of Speech Code of Practice, which sets out the University’s expectations in relation to upholding freedom of speech and academic freedom within the law, the procedures to be followed in organising events on University-controlled premises and the expected conduct at such events. Failure to follow the Code could result in a disciplinary process.
- the University’s policies relating to harassment and sexual misconduct, which set out the procedures for reporting and dealing with allegations of harassment and sexual misconduct against members of staff and students.
4.3 On enrolment, you will be allocated a University email account. All email communications from the University will be sent to that account and you are expected to use that account for all communications with the University. You are expected to check your University email account regularly. Any communication sent to you at this email account will be regarded as properly sent and received by you.
5. Fees and payment
5.1 This section does not apply to apprenticeship students.
5.2 Details of the Fees payable by you for the first year of your Programme will be set out in your Offer. Additional fees that you may need to pay in connection with your Programme are published on your Programme webpage on our website.
5.3 You are personally liable for the payment of your Fees. This means that if your Fees are being paid by a third party (for example a sponsor or employer) you remain liable for these Fees if they are not paid.
5.4 Fees are payable in accordance with the information on the Fees and finance webpage
5.5 The Fees as set out in your Offer are for the first year of your Programme. The University reserves the right to increase Fees in accordance with sections 5.10 to 5.12.
5.6 The University’s regulations relating to fees and payment, including refunds, are described within the withdrawal calendars below related to your level and mode of study:
5.7 The University will take action to recover outstanding Fees if payment is not made by the due date. You are responsible for raising any queries about invoices, or any concerns if you are not able to pay by the due date. Please contact salesledger@derby.ac.uk in such circumstances.
5.8 If you do not contact us as soon as possible, or if you ignore the invoice, the University will commence action to recover the debt after the due date has passed. You are responsible for attending any interviews arranged and answering any letters you receive in connection to your Fees. The University can take the following action if Fees are not paid on time:
- referral of debt to the relevant Dean or Director;
- suspension of use of University facilities;
- suspension from your Programme;
- non-release or ratification of results;
- prohibiting you from enrolling onto the next stage of your Programme;
- withdrawal from your Programme.
In addition, for final-year students:
- non-release of ratification of award;
- no invitation to Award Ceremony;
- retention of Award Certification.
5.9 The University will also take external action to recover outstanding debts, including referral to debt collection agents and possibly legal action. In such circumstances, the costs of external debt collection agents shall be recoverable from you as part of the debt.
5.10 On payment of any outstanding Fees and any relevant interest or an agreement between you and the University for discharging the outstanding Fees, you may become eligible to receive the results of completed assessments and any academic credits or award which have been earned. If appropriate, an invitation to a graduation ceremony may be issued and if previously retained, any award certification will be released.
Fees increases
The Fees for the first year of your Programme will be set out in your Offer. The level of Fees charged will depend on whether your fee status is “Home” or “EU” or “overseas”. By accepting your Offer, you are agreeing to be bound by the University’s Fees and finance guidance.
5.11 The University reserves the right to increase the Fees in the second and subsequent years of your Programme as follows:
- Home undergraduate Fees are regulated by legislation. The University reserves the right to increase the Fees payable for your Programme where there is a change in the amount of Fees the University is legally entitled to charge for your studies. Such increases will be limited to the maximum amount set by legislation and are usually linked to inflation using RPIX (the Retail Price Index excluding mortgage interest payments). It is the University’s policy to charge the maximum regulated fee to reflect increased costs of delivery and maintain a high-quality student experience.
- Overseas / EU undergraduate and postgraduate Fees are set by the University and will remain as set out in your Offer for the duration of your Programme.
- Home postgraduate taught Fees are set by the University. The University reserves the right to increase the Fees payable in the second and subsequent years of your Programme. Fee increases will normally be linked to inflation, using RPIX (the Retail Price Index excluding mortgage interest payments), and will not normally exceed 5% in any academic year. This means that you should budget for an increase of up to 5% for each further year of study to reflect increased costs of delivery and maintain a high-quality student experience.
- Home postgraduate research Fees are set by the University. The University reserves the right to increase the Fees payable in the second and subsequent years of your Programme. Fee increases will normally be linked to the annual change in the standard tuition fee rate for doctoral students funded through UK Research and Innovation (UKRI) studentships. This means that you should budget for an increase in Fees for each further year of study in line with the percentage uplift applied by UKRI, to reflect increased costs of delivery and maintain a high-quality research environment and student experience.
If we intend to exercise the right to increase Fees we will notify you as early as possible and in any event by the end of June in the academic year before the one in which we intend to increase Fees. If you are dissatisfied with the proposed increase, you have the right to terminate the Contract.
6. How this Contract may be ended
Our rights to end the Contract
6.1 We may terminate the Contract on notice to you following completion of the relevant processes and/or procedures, taking into account all relevant circumstances and acting proportionately, in the following circumstances:
- if you do not enrol or re-enrol onto your Programme by the relevant enrolment or re-enrolment date;
- if you fail to pay the Fees to us by the specified due date for payment, including where you have an agreement with a third party (e.g. the Student Loans Company or sponsor) for them to pay your Fees on your behalf;
- if any of the conditions set out in our Offer are not met, or cease to be met at any time after the date that our Contract is formed;
- if it becomes apparent that the information you have provided to us during your application or at any stage during the term of this Contract is incorrect or misleading;
- if you fail to comply with a reasonable request for information or to make declarations that we may reasonably require you to make during your admission to and enrolment on your Programme;
- you circumstances changing so that you no longer have permission to remain in the UK;
- if you are subject to visa, you fail to comply with section 10 and/or the terms and conditions of your visa;
- you acquiring a relevant or failing to disclose a relevant criminal conviction;
- if we take disciplinary action against you in accordance with Disciplinary Procedure and the outcome of is that you are no longer able to continue with your Programme;
- if following completion of the Professional Conduct and Professional Suitability Procedure (known as “fitness to practise”) or the Support to Participate in University Life Procedure (known as “fitness to study”) it is determined that you are no longer able to continue with your Programme;
- where you breach any of our regulations, policies, procedures and/or codes of conduct;
- if you are expelled or dismissed from any institution or organisation other than the University which you are required to attend or be a member of as part of the Programme;
- if you fail to participate in your Programme at the levels expected as specified in the Student Participation Policy;
- following the completion of any other process or procedure where the outcome may be that you are withdrawn from your Programme and you have had the right to appeal that decision.
Consequences of the Contract ending
6.2 If we end the Contract for any reason set out above, or you decide to end the Contract and withdraw from your Programme other than where these Terms and Conditions give you the right to end the Contract, you will not be released from your obligation to pay the Fees to the University, and you may be liable to pay a proportion of your Fees (or all of your Fees) depending on the date of your withdrawal, as set out in the relevant withdrawal calendar (available at section 5.5).
6.3 If we end the Contract under section 6.1:
- the University shall be entitled to refuse to enrol/re-enrol you on the Programme, if at the date of termination you have not already enrolled/re-enrolled;
- the University shall be entitled to require you to stop studying on the Programme, and to leave the University immediately, if at the date of termination you have already enrolled/re-enrolled;
- you are required to immediately return your Smart Card to the University;
- you are required to immediately cease attending lectures or undertaking research;
- you are required to immediately pay any outstanding Fees and other sums owed to the University;
- your eligibility to reside in University student accommodation will terminate and you will have to vacate your student accommodation and pay any fees which apply on termination of the licence in accordance with the terms and conditions of the relevant licence agreement.
7. How we can make changes to the Contract and how this may impact you
7.1 Whilst the University will use all reasonable endeavours to deliver teaching and educational and other services and facilities required for your Programme in accordance with the description given to it for the academic year in which you began the Programme, the University will be entitled to make reasonable changes as set out in this section 7.
Changes to pre-contract information
7.2 if any material information available at the time you were researching and making an application for the Programme changes by the time we send out our Offer, we will highlight details of these changes in the Offer. By accepting our Offer, you will be confirming that you are accepting our Offer on the basis of the changes documented in the Offer. We may make changes to pre-contract information for reasons including (but not limited to):
- response to feedback from students and/or external examiners;
- unavoidable changes to our academic or student support staff;
- where we advised that the Programme was subject to minimum enrolment numbers at the time we advertised the Programme, if there are, by the cut-off date notified to you, insufficient student numbers to make the Programme viable and we may need to combine, alter or discontinue the Programme you applied for;
- changes that are required by law and/or as a result of a regulatory requirement that the University, as a provider of educational services, is required to comply with;
- changes that are required by a statutory, regulatory and/or professional body and/or other regulator;
- reasonable changes to the content and teaching provided on the Programme.
Changes after you have accepted your Offer
7.3 The University will be entitled to make reasonable changes to your Programme and/or to other related educational or other facilities and services where that will enable the University to deliver a better quality of educational experience to students enrolled on the Programme.
7.4 Reasons for such changes may include:
- to ensure that we are continuing to provide the Programme to you lawfully and/or to maintain academic standards and quality;
- to reflect changes and developments in pedagogy or academic research to ensure that your Programme is relevant and up-to-date;
- to improve the quality of our educational and pastoral services or in response to student or external examiner and assessor feedback, or to reflect best practice across the high education sector;
- in response to relevant professional or accrediting body requirements or guidance.
7.5 Such changes may be to:
- the content and syllabus of the Programme;
- the timetable, location and number of classes;
- the structure and/or timing of the academic year;
- the method of delivery of programmes, services and facilities; and/ or
- the examination and assessment process.
7.6 In making any such changes, the University will aim to keep the changes to the minimum necessary to achieve the required quality of experience and will notify and consult with affected students in advance about any changes that are required. If the University changes your Programme and you are not satisfied with the changes, you will be offered the opportunity to withdraw from the Programme, move to another programme or, if required, offered reasonable support to transfer to another provider.
7.7 In exceptional circumstances, the University may discontinue a Programme or decide not to run a Programme in a particular academic year where the numbers recruited to it are so low that it is not possible to deliver an appropriate quality of education. In such circumstances, the University will use its reasonable endeavours to assist you to transfer to an appropriate alternative programme or to another provider.
10. Students who are required to have a Visa
10.1 The University is a UK Visas and Immigration (UKVI) approved sponsor of international students. As such, the University is obliged to operate within the requirements of the relevant immigration legislation and formal regulations for sponsors. These include:
- ensuring that a record of passport and visa documentation is held for each student with a visa;
- ensuring that contact details are maintained and up to date for every student;
- ensuring that students are meeting the attendance criteria for their programme of study as set out in the Student Participation Policy; and
- reporting any non-compliance to the UKVI within their mandatory timescales.
10.2 For more information about being an international student at the University, please review our international enrolment webpage and our immigration conditions webpage.
Student visa conditions
10.3 If you are an overseas/EU student who requires a Student visa to enter or remain in the UK for undertaking study, there are obligations you must meet:
- when you arrive at the University to start your Programme, you will be required to provide your passport and your visa documentation for inspection within four weeks of the Programme start date. Only original documents will be accepted and you will not be able to fully enrol on your Programme until you have satisfied this requirement;
during your Programme:
- you must promptly notify the University of any change to your personal, contact, passport or immigration details, including any change to your visa status, immigration category, residential address, or any information that may affect your Right to Study in the UK. You must ensure that the information held by both the University and UK Visas and Immigration (UKVI) remains accurate and up to date;
- you are responsible for ensuring that you hold valid immigration permission for the entire duration of your studies and that you obtain any extension, renewal or new immigration permission required under UK immigration rules before your current permission expires;
- if you are studying under a Student visa, you must comply with all conditions attached to your immigration permission, including any restrictions on employment. You must not exceed the maximum number of hours you are permitted to work and must comply with all relevant UK immigration requirements stipulated on the Visa conditions page and on the gov.uk website.
- you must maintain satisfactory attendance, engagement and academic progression throughout your Programme. This includes attending all required timetabled teaching sessions, participating in learning activities, meeting submission and assessment requirements, and complying with the University's Student Participation Policy and attendance monitoring requirements.
- you must obtain prior approval from the University for any absence from studies or travel that may affect your attendance or academic engagement, where required under University procedures or immigration requirements.
10.4 Failure to comply with these requirements may lead to your suspension from the University and ultimately your withdrawal from the Programme. The University is obliged to report any non-compliance with your visa conditions or withdrawal from your Programme (for any reason, including where you voluntarily withdraw from the Programme) to the UKVI, which may result in your visa being curtailed.
10.5 If you withdraw or are withdrawn from your Programme, the University will cease to be your visa sponsor.
11. Other important terms
11.1 Each section of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
11.2 If you breach the terms of the Contract and the University does not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations or that we cannot take action at a later date.
11.3 The Contract is between you and us. No other person will have any rights to enforce any of its terms.
11.4 The Contract is governed by English law. You and we both agree that the English and Welsh courts have jurisdiction over any disputes that may arise under this Contract. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
12. Additional conditions for online programmes
12.1 The University reserves the right from time to time to amend, improve or correct those IT and other systems by which the Programme is made available to you (“the enabling systems”), provided that this does not materially impair provision of the Programme to you. The University shall endeavour to give you reasonable notice of any such modification where reasonably practicable.
12.2 The University is entitled to temporarily suspend the provision of the Programme on the occurrence of any of the following events:
- essential maintenance of the enabling systems (whether planned or unscheduled). If planned the University will endeavour where possible to provide notice of this including when the enabling systems will be affected and estimation of how long a period will be required;
- issue by any competent authority of an order or direction which is binding upon the University and which affects the Programme, in which case the University will follow its process for Events Outside of Our Control; or
- if the University determines that suspension is necessary to protect all or any systems or services provided or used by the University from time to time (for example, in response to a serious data breach), in which case the University will follow its process for Events Outside of Our Control.
12.3 In addition to the Fees information in section 5, refunds for online programmes are set out in the Online Learning Withdrawal Calendar.
12.4 You will also be personally responsible for payment of any fees and costs required or associated with your use of and access to the Programme from outside the University, such as your home broadband and other communications costs.
12.5 It is your responsibility to ensure that the computer hardware, computer software (including internet browser) and other systems (including internet connection) that you use to access the Programme meet the minimum technical specifications and standards required, as described in the Programme information.
12.6 The University shall have no responsibility for ensuring connectivity or compatibility between your computer and the enabling systems.
13 Students studying Apprenticeships
13.1 An “apprentice” is defined as a learner undertaking study as part of a government-approved apprenticeship framework or standard and their employer has entered into a contract with the University for this service.
13.2 All aspects of these terms and conditions apply to students undertaking apprenticeships with the University with the following exceptions:
- Participation Policy - In such cases, as students fail to participate adequately in essential activities leading to termination the apprentice’s employer will be informed;
- Criminal convictions - Unless declared through the University application process, by accepting the ‘Confirmation of Good Character and Occupational Health Suitability Form’ you are confirming you have no relevant unspent criminal convictions (excluding motoring offences);
- Fees and payment - As specified within the employer agreement, your employer is responsible for ensuring that all training costs, apprenticeship fees, and any agreed additional programme costs are paid in accordance with the apprenticeship funding arrangements;
- Cancellation and refund policy - If an apprentice withdraws from the programme, the date of withdrawal notification will determine any fee, funding, or payment adjustments that may apply to the employer in accordance with the employer contract and relevant funding arrangements. If circumstances allow a student to step off an apprenticeship programme and transfer to a standalone degree-only programme, the conditions set out in Section 5 (Fees and Payment) shall apply;
- Termination of Agreement - Your rights and obligations under this Contract will end automatically, subject to your rights of any internal appeal and the University's obligations under the Department for Education contract if your studies with the University are terminated as a result of non-payment of Fees by your employer, in accordance with the employer contract.
14. Complaints
14.1 Complaints relating to admissions issues will be dealt with in accordance with the Admissions Complaints Policy. Under this Policy, complaints should be addressed to admissionscomplaints@derby.ac.uk.
14.2 The University has a comprehensive Student Complaints Procedure which includes both informal and formal options which students can use to resolve complaints.
14.3 If you remain unhappy with the outcome following completion of the University’s complaints procedure, you may be able to complain to the Office of the Independent Adjudicator (OIA). Full details of how the OIA works can be found here: www.oiahe.org.uk.