General Terms and Conditions of Sale of Services
Any firm registration and any contract signed with EXPAT STUDENT implies the Customer’s unreserved acceptance of these General Terms and Conditions of Sale, any contrary provision that may appear on any written document emanating from the Customer being therefore deemed to be unwritten.
1. Object
The purpose of these General Terms and Conditions of Sale (GTC) is to define the terms and conditions governing the provision by EXPAT STUDENT to the Client of consulting services, as described in the registration form (the « Services »).
By Client, these GTCs mean the student as well as his legal representative and, or parent having completed and duly validated the registration form.
2. Contractual documents
These GTCs and the signed registration form constitute the entirety of the terms and conditions governing the relationship between EXPAT STUDENT and the Client (the « Contract »).
The fact that EXPAT STUDENT does not invoke the application of any of the clauses of the Contract does not mean that it renounces them. The total or partial invalidity of any one of the clauses of the Contract shall not affect the validity of the other clauses.
3. Description of the Services
The Services consist of advice and assistance to the Client in connection with his decision to pursue higher education in schools and universities in the United Kingdom and/or other countries (hereinafter referred to as the « Institution(s) »). These Services consist of an advisory phase designed to guide the Client in the choice of the Institutions most appropriate to his criteria in the context of his project, advising and assisting it in the preparation of his application, ensuring reasonable intermediation between the Client, his current educational establishment and the Institution(s), in particular in the coordination and monitoring of registration formalities, in the event that the Client has been accepted by an Institution. Depending on the selected countries and Institutions, the Services may include additional services that will be subject to additional pricing. Services may also include advice and assistance for educational programs.
4. Registration process
The Client must return to EXPAT STUDENT the dated and signed registration form, all requested documents (including, but not limited to school reports) as well as the full payment of the amount of the Services appearing on the said form. If the registration form and/or full payment of the amount of the Services is not received before the beginning of the first paid session, EXPAT STUDENT reserves the right to suspend any sessions. The Client may cancel his registration by letter or e-mail, within seven (7) calendar days following the registration date, provided that no session has yet been delivered. No refund of the sums paid may be made in the event of cancellation more than seven (7) calendar days after the registration date. The Customer will be refunded the amount of his registration within a maximum period of one (1) month following receipt of the email confirming the registration of his cancellation. In the event that the conditions of application to one or all of the target Institutions are modified after the student’s Enrollment date, for reasons beyond the control of EXPAT STUDENT, no refund will be made.
5. Duration and termination
The Client’s registration for the Services begins as soon as EXPAT STUDENT has accepted the registration form. It is valid for the duration of the application process in the year of application. The Client shall not have the right to interrupt his registration during this period, EXPAT STUDENT shall not in any event make any refund, credit or compensation whatsoever, other than that referred to in Article 4 in the event that the Client ceases to use the Services during this period. In the event of termination on the Client’s initiative or by the Client, the sums paid by the Client to EXPAT STUDENT for its registration shall remain fully vested in EXPAT STUDENT, except in cases where the causes of termination are attributable to EXPAT STUDENT as detailed below. In the event of a breach by one of the parties of the obligations of this agreement, not remedied within fifteen (15) calendar days, as from the receipt of an e-mail or Registered letter notifying the breach in question, the other party may terminate this contract legally. EXPAT STUDENT retains the right to temporarily or permanently suspend all or part of this contract, and therefore of all or part of the Services in the cases referred to in Article 9 FORCE MAJEURE of this contract, and this on a discretionary basis, without the Client being able to object, and subject to a notice period of one month before the Services are terminated. These conditions will then be automatically terminated and the Customer will be reimbursed up to half of the amount of the sums paid for his registration to the Services.
6. Eligibility – Registration for the admission service and entrance examination(s)
Each Client must verify that he is indeed eligible in the Institutions he wishes to apply to with EXPAT STUDENT by registering and taking the necessary examinations or by supplying the necessary portfolio as requested by the admissions department of each Institution to which he wishes to be a candidate. EXPAT STUDENT cannot be held responsible for the case where a student cannot be considered by the Institutions he is applying to with EXPAT STUDENT due to ineligibility. EXPAT STUDENT cannot be held responsible for the case where a student enrolled with EXPAT STUDENT and admitted to a School cannot enter said School due to failure to obtain the required diploma or failure to meet the necessary conditions to enter the Institution. Each student must register himself on the application platform UCAS or on the website of the Institutions he wishes to apply to, and manage the administrative and financial aspects of his application. EXPAT STUDENT will not be liable in the event of changes in the country’s regulations that may affect the conditions of enrollment and the cost of studies. EXPAT STUDENT cannot be held responsible for the case where a student does not register at the Institutions to which he wishes to apply before the deadline. EXPAT STUDENT cannot be held responsible for the delay or failure of the student’s school to send the required documents, for example, the predicted exam grades and the teacher’s reference.
7. Communication with the Client
EXPAT STUDENT draws the Client’s attention in particular to the need for the Client to provide a valid main e-mail address. Any communication made by EXPAT STUDENT to this e-mail address is deemed to have been received and read by the Client, who therefore undertakes to consult regularly the messages received at this e-mail address and, where applicable, to reply as soon as possible. The computerized records, kept in the computer systems of EXPAT STUDENT or its subcontractors, under reasonable security conditions will be considered as proof of communication, registrations and payments made between EXPAT STUDENT and the Client. The archiving of registration forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
8. Guarantees – Liability
EXPAT STUDENT guarantees the conformity of the Services with this contract, as well as the description of them in the Registration Form, and does not provide any other guarantee of any kind. EXPAT STUDENT is bound, in the context of the provision of the Services, by a general obligation of means where EXPAT STUDENT undertakes to make all necessary efforts to try to achieve the objective agreed with the Client in the registration form. As such, EXPAT STUDENT does not guarantee the Client, within the framework of the Services, the success of its Higher Education project, for reasons that may arise in particular from the impossibility of preparing an application that meets the criteria of the Client, and/or the countries and Institutions concerned, or from the rejection by the Institution of the Client’s application, or from the fact that the student has not met the criteria required by the Institution. EXPAT STUDENT cannot under any circumstances be held responsible for the failure of the student’s applications if the information provided by the Client is incorrect or incomplete. Similarly, EXPAT STUDENT may under no circumstances be held liable for any action or manoeuvre by the Client or the student that disqualifies his application (e. g. plagiarism of a personal statement). EXPAT STUDENT also provides no guarantee regarding the organization and conduct of the study program. In the event of EXPAT STUDENT’s liability for negligence or fault in the provision of its obligation of means, the Client shall be entitled to a partial or full refund of the sums paid by it to EXPAT STUDENT and only to such refund. The payment of this amount constitutes a limit of liability of which the Client is fully aware and which he expressly accepts by subscribing to the EXPAT STUDENT Service.
9. Force majeure
The liability of each of the parties may not be sought if the performance of this Contract is delayed or prevented due to a case of force majeure or an unexpected event, due to the other party or a third party or external causes. Any enforceable and uncontrollable events that are not the fault of any party, preventing either Party from performing all or part of its obligations, shall be considered as a case of force majeure. In all cases, the prevented party shall do everything in its power to limit the duration and effects of the event. In the event that the event is extended and does not allow the student to register within the time required by UCAS/the Institutions, this contract will be automatically terminated.
10. Personal data
The personal data relating to the Client collected through the Registration Form, and any future information, are intended solely for the exclusive use of EXPAT STUDENT in the performance of the Services to which it has subscribed, and are not communicated or transferred to third parties, other than any subcontractors, who are required to respect the confidentiality of the information and use it only for the specific operation for which they are to intervene. The Client’s data may also be used to strengthen and personalize communication with the Client, in particular through the newsletters to which he may have subscribed. In accordance with US law, the Client has a right of access to data concerning him, as well as a right to modify, rectify and delete it. EXPAT STUDENT keeps the Client’s personal data on its own servers and undertakes to keep this data strictly confidential, it will be kept for a period of three years from the expiry of this contract for any reason whatsoever. EXPAT STUDENT shall be liable for any breach of confidentiality rules.
11. Intellectual Property
Any brand, logo, documentation or written, visual or audio support used in connection with the Services is the property of EXPAT STUDENT and no reproduction, modification or distribution to third parties of all or part of these elements may be made without the prior express written consent of EXPAT STUDENT.
12. Miscellaneous
For any information, question or request for assistance, the Client is invited to contact EXPAT STUDENT by Email: expatstudent@gmail.com. These conditions express all the obligations of EXPAT STUDENT and the Client. EXPAT STUDENT reserves the right to unilaterally modify the terms of these conditions, in particular in the event of technical, legal or jurisprudential changes, or when setting up new services. The new clauses will govern all future relations between the Parties, and only the new version will be binding between them, the applicable conditions being always those accessible online on the webite. In the event that one of the provisions of these conditions is considered null and void by virtue of a present or future legal or regulatory provision, or a court decision vested with the authority of res judicata and issued by a court or competent body, this provision of the contract shall be considered unwritten, all the other provisions of these conditions remaining binding between the parties.
