1. Application and Enrolment

1.1 The application form (once accepted by us in accordance with clause 1.4) and these terms set out the whole agreement between us. Please check that the details in the application form are complete and accurate before you submit it. If any of these terms are inconsistent with any term of the application form, the application form shall prevail.

1.2 By submitting the application form: You offer to enrol on your chosen course on these terms, and we may accept or decline your application for reasons such as non-eligibility or oversubscription for the relevant course.

1.3 On receipt of your completed application form and documents listed on the application form or in these terms, we will check that you satisfy the eligibility criteria to undertake your chosen course. If you do not satisfy the criteria, we will refuse your application. If you satisfy the criteria, we will send you a conditional acceptance letter at which point an agreement between us will be formed.

1.4 If you are a non-EEA student, you must make payment to us of the tuition fees (in the amount set out in the application form) so that we receive the tuition fees 90 days prior to the start of the course, failing which the agreement will terminate automatically unless we in our absolute discretion agree to grant an extension of time.

2. Payment of Fees and Additional Costs

2.1 The tuition fees (the "fees") are detailed in our application form and on our website www.graftonacademy.com and are payable by you in accordance with clause 1. You may be required to pay additional administration costs and/or third party costs for the reasons set out in clause 2.2 ("additional costs").

2.2 In addition to the tuition fees, you may also be required to pay the following additional costs:

1. Administration fees payable to us, including:
   1. Exam fees
   2. Charges for any late or dishonoured payments ("default payments")
   3. Charges we may reasonably incur as a result of your failure to comply with these terms
   4. Costs of materials obtained from the office

2.3 The application fee is non-refundable unless:

1. The academy refuses your application pursuant to clause 1.4;
2. Your visa application is not granted and you provide us with a copy of the refusal letter in accordance with clause 5.2.6;
3. We cancel the course pursuant to clause 4.5.

2.4 The fees are, as far as we are aware, correct at the time of publication.

2.5 If you pay your application fee by cheque or bank transfer, we will not confirm your place until the cheque or funds have cleared. Upon clearance and receipt of confirmation of payment from the bank to us, we will provide you with confirmation of payment.

2.6 If you fail to pay any part of your fees or any additional costs for any reason, we reserve the right (at our reasonable discretion) to take one or more of the following actions:

1. Suspend or exclude you from your course;
2. Prevent you from registering for your course examinations;
3. Prohibit you from sitting your course examinations;
4. Withhold your exam results and any certificate;
5. Withhold any documentation required for a visa extension; and/or
6. Terminate this agreement on written notice.

2.7 If you will receive the offer of a place in the programme, we will send you a quotation to accept and we will present you the payment plans. After the acceptance of the quotation, we will request you to pay a deposit of 20% of the tuition fee before the course begins or, if you will submit your application after that date, before another date we will communicate to you. The deposit is refundable in accordance to the clause 6.3.

3. Your Obligations

3.1 You represent, warrant and undertake that all the information provided on your application form is complete, up-to-date and accurate in all respects.

3.2 You agree to:

1. Enrol at the start of your course and at the start of each subsequent time of your course, at a time and place as directed by us;
2. Comply with these terms, and the rules of the school, and the reasonable requests of our employees;
3. Comply with all requirements imposed by law, regulation or judicial order at any time. These may include criminal checks, health checks, adherence to the English language requirement in accordance with clause 5.1 and conditions of conduct;
4. Keep us informed of:
   1. Any change in your visa status; and
   2. Any changes to the personal information (including your home address and details of your next of kin) provided in your application form;
5. Submit your own work and not plagiarise the work of others;
6. Behave appropriately at all times and in such a manner as not to:
   1. Cause a nuisance, injury or damage to other persons (in particular, other students, our employees, contractors, agents and any visitors) or to any of our property;
   2. Impede or prevent the provision of any programme of study offered by us; or
   3. Cause damage to our reputation.

3.3 If you fail to comply with your obligations under clause 3.2, we may at our discretion:

1. Notify you of such failure and where appropriate arrange a meeting with you; and/or
2. If your breach is material or persistent, dismiss you with immediate effect from your course and terminate the agreement at any time immediately on written notice.

3.4 You are required to notify us when submitting your application form or as soon as possible thereafter of any medical condition (including pregnancy) and any health care or medical procedures you may require during the course, if this may affect your ability to fully attend the course. If an independent medical practitioner acting in their reasonable discretion considers that any medical procedures you notify us of in accordance with this clause 3.4 are avoidable or could be undertaken at another time (other than during the period in which the course is ongoing), then we may ask you to postpone such treatment and if you refuse, we may terminate this agreement immediately on written notice.

3.5 You are required to attend your course in full. If your attendance on the course falls below 70% (regardless of the reason for any absence), we will provide written notice to you that continued failure to attend the course may result in your dismissal from the course. If, following such notice, your attendance on the course continues to be unsatisfactory in our reasonable discretion, we reserve the right to:

1. Prohibit you from sitting the examinations; and
2. Dismiss you with immediate effect at any time from the course and terminate the agreement.

3.6 If you do not achieve the required pass marks, you shall not be entitled to receive a final certificate and we shall decide, in our reasonable discretion, if you may re-sit the examination taking into consideration all reasonable factors including (without limitation) your attendance on the course.

3.7 If you fail to achieve the required pass marks following a first re-sit of the examination, we shall decide in our reasonable discretion if you may re-sit the examination for a second time. If we grant you the opportunity to resit the examination for a second time, you will be required to take a revision course, as directed by us, and to pay a fee for the revision course (the "participation fee").

4. Our Rights and Obligations

4.1 We shall provide an education service with reasonable skills and care.

4.2 We have the right to revise and amend these terms from time to time and will give you prior notice of any changes to our terms.

4.3 Course start and end dates are not expected to change. However, we reserve the right to alter dates, make variations to the content and methods of delivery of courses and, to discontinue, merge or combine courses in order to facilitate or improve the provision of any course, if such an action is considered necessary by us.

4.4 In the event that any change we make pursuant to clause 4.2 or 4.3 substantially varies our agreement, you may choose to withdraw from the course and terminate our agreement and we will provide you with an appropriate refund (taking into account for example, the proportion of the course completed at the time of termination).

4.5 We reserve the right to cancel the course prior to its commencement by giving you notice in writing (which where possible shall be at least 4 weeks prior to the start of the course) if insufficient numbers of students enrol on the course.

4.6 In the event that we cancel the course pursuant to clause 4.5, you will be entitled to a full refund of your application fee and any fees already paid to us under this agreement.

4.7 We reserve the right to contact your parents or guardian person to provide updates regarding your academic performance, attendance or any kind of issue related to your behaviour at the Grafton Academy of Fashion Design.

4.8 We reserve the right to take photos and videos of you and your works inside the building and use these in any all media, offline and online, for promotional purposes, unless clearly notified by you to the photographer at the moment of the person taking the photograph, in accordance with clause 8.3.

4.9 In the case all modules or a single module must to be switched completely online, due to safety measures related with COVID-19 communicated by the Irish government, then we will commit ourselves to provide you with the same level and quality of content as the courses and you will receive the credits if you will pass the module. Therefore, no refunds or discounts will be granted.

5. Cancellation Rights, Course Transfers and Termination

5.1 You are entitled to cancel the agreement within 14 days from the date you receive a conditional acceptance letter in accordance with clause 1.3. If you decide to cancel our agreement, you must notify us within a 14-day period by post or email at the contact details provided on our website. In the event of cancellation in accordance with this clause 5.1 we will refund the tuition fees already paid by you (or by your sponsor) within 30 days of receiving such notice. The application fee is not refundable, in accordance with clause 2.3.

5.2 In addition to the termination rights set out in these terms, either party may in the event of a material or persistent breach by the other party terminate the agreement with immediate effect by providing written notice to the breaching party.

5.3 We may grant course transfers in our absolute discretion if you will notice us by email no later than one month after the commencement of the course.

6. Refund Policy

6.1 We will refund the application fee and any other fees paid to us if we do not accept you on the course pursuant to clause 6.1. If this agreement is cancelled by you, we may retain from the fees paid to us all costs reasonably incurred and losses suffered as a result of such cancellation or termination, including without limitation administration costs.

1. If you provide us with written notice of cancellation of enrolment to the course 90 days or more prior to the commencement of the course, you will be entitled to a refund of 100% of the fees;
2. If you provide us with written notice of cancellation of enrolment to the course 60 days or more prior to the commencement of the course, you will be entitled to a refund of 80% of the fees;
3. If you provide us with written notice of cancellation of enrolment to the course 30 days or more prior to the commencement of the course you will be entitled to a refund of 50% of the fees; and
4. If you cancel the course at any time thereafter you will not be entitled to a refund of the fees.

6.2 Except as provided in clauses 4.4, 4.6, 6.1, 7, 6.2 or 6.3, you will not be eligible for a refund, discount or credit and you will be responsible for your outstanding fees if you fail to complete your course.

7. Information Sharing and Data Protection

7.1 We collect and process your personal data in order to make admission decisions, to provide education, to provide information to you and for administration, health, safety, welfare and security reasons and we will not without your written permission transmit your personal data.

7.2 By signing the application form:

1. You consent to us processing and transferring such personal and sensitive personal data for the purposes listed in clause 8.1 above; and
2. You agree that we may obtain information on your examination performance from any other academic and/or professional body in order to assess your performance.

7.3 Registration as a student and attendance at or participation in classes and/or other educational activities constitutes an agreement by the student and the Grafton Academy of Fashion Design to the use and distribution (both now and in the future), also for promotion purposes, of the student's image or voice in photographs, videotapes, electronic reproductions, or audiotapes of such classes and other campus and university activities.

8. Liability

8.1 Insofar as the Grafton Academy of Fashion Design fails in its accountability and the student suffers damage, the Grafton Academy of Fashion Design may only be held liable for damage which is not caused by personal injury, death or property damage and is limited to the compensation of direct damage.

8.2 The liability of the Grafton Academy of Fashion Design for personal injury, death or property damage shall not be excluded or limited.

8.3 The liability referred to in paragraphs 1 and 2 extends to persons employed by the Grafton Academy of Fashion Design or persons appointed by it for the execution of the agreement.

8.4 We cannot be held liable for the loss and/or damage to private property.

8.5 We do not accept any responsibility or liability in respect of any damage to or loss of any goods, vehicles or property of any kind brought onto or left on the premises whether by you or any other person and it is your responsibility to take good care of your personal belongings. Any goods deposited with us are deposited at your own risk and without any obligation to us.

8.6 Access to the premises is restricted to regularly enrolled students, teachers, and collaborators. Consequently, except for events that are expressly open to the public or specific external subjects (e.g. relatives at the time of award ceremonies) students are not permitted to bring persons from outside into the academy premises.

8.7 It is not permitted for students to open the door to visitors and or guests. Only members of the academy staff are entitled to grant access to visitors and or guests.

9. Events Outside Our Control

9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our reasonable control, including without limitation changes in applicable laws, actions or delays by any government authority, or refusals by any such authority to grant any necessary consents or licences ("force majeure event").

9.2 Our obligations under these terms will be suspended for the period that the force majeure event continues, and the time to perform these obligations shall be extended for the duration of that period. We will take reasonable steps to bring the force majeure event to a close or to find a solution by which our obligations under these terms can be performed despite the force majeure event.

10. Intellectual Property

10.1 The copyright, design right and all other intellectual property rights in any course materials, examination papers and other documents or items that we prepare or produce (which shall include any materials prepared by our employees, contractors or agents) in connection with your course will belong to us, or our licensors, absolutely.

10.2 You may not use the materials, documents or other items detailed in clause 11.1 for any commercial purpose.

10.3 In return for us providing the course to you and in addition to the fees, you agree to assign to us absolutely with full title guarantee the entire copyright and any other intellectual property rights subsisting in any works that you create, develop, design or produce in connection with your course (the "works") for the whole term of such rights, together with all related rights and powers arising or accrued, whether on or after the date of this agreement. You may not exhibit, reproduce, publish and/or otherwise commercially exploit the works without our prior written consent, which will not be unreasonably withheld.

10.4 We shall have the right in our sole discretion to amend, edit, add to and delete from any work, and to decide whether or not to credit you as author in relation to any such work.

10.5 Subject to clause 10.6 below, you warrant and undertake that the works are your original work and are not copied wholly or substantially from any other work or material or any other source and so far as you are aware, do not infringe the rights of any third parties.

10.6 Where the copyright or other intellectual property subsisting in the works or any part of the work belongs to a third party, you warrant and undertake that you have the required third party consents and/or authority to assign the works to us under clause 10.3.

10.7 You agree and acknowledge that we shall own the works, which shall include (without limitation) your design drawings, sketches, samples, patterns, toiles and finished pieces.

11. General

11.1 If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, such term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

11.2 If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise any of our rights or remedies under these terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms shall be effective unless we expressly say that it is a waiver, and we tell you so in writing.

11.3 No variation of this agreement shall be effective unless it is in writing and signed by you and us (or our authorised representative).

11.4 A person who is not party to the agreement (including without limitation any party that is responsible in whole or part for your fees) shall not have any rights under or in connection with it under the contracts. The agreement shall be governed by and construed in accordance with the laws of the Netherlands and the Irish courts shall have non-exclusive jurisdiction to determine any disputes, which may arise out of, under, or in connection with this agreement.