COURSE AGREEMENT TERMS AND CONDITIONS
1. Agreement
All courses and materials are owned, created, operated and/or managed by Point Blank Limited ("Point Blank"), a company registered in England and Wales, with its trading address at 23-28 Penn St, London N1 5DL. This Course Agreement is between Point Blank and you (“you” or the “Student”). If you are under 18 years old you will need the permission of your parent/guardian to enter into this Agreement and/or register for Point Blank Online School Music courses. This Course Agreement includes Point Blank’s Privacy Policy and Registered User Terms and Conditions which are both incorporated here by reference.
2. Deposit & Enrolment
A registration fee (deposit) must be received in advance of the course in order to guarantee your place. If you choose to pay the course fee in full, then the registration fee is included in this amount. Deposit fees are non-refundable.
3. Payment of Course Fees
The most cost effective way to pay for your course is to pay in full in advance of the start date. You also have the option to reserve your place with a deposit to be followed by a balance payment. If you choose to pay in this way, then the balance of your course fee will be deducted automatically from your nominated account up to 14 days before your course is due to start. There is a surcharge for this option. For courses longer than one month in duration (NB: not including the CertHE and DipHE which is paid either in full in advance or termly in advance), you have the option to pay course fees in monthly instalments. Futurepay is an automated system which automatically debits your monthly payments on the due date. This agreement is set up for you when you enrol on your course and pay your deposit. Please note that payment via FuturePay is subject to the terms and conditions you agree with FuturePay and Point Blank shall have no liability in relation to any dispute regarding such agreement. If you wish to arrange installment payments via another method (eg. Standing Order or Cheque) then please contact a course advisor on +44 (0)207 729 4884. Please note that if balance or instalment payments are not received on the due dates, then access to your course materials will be suspended until such time as the fees owing have been paid.
4. Withdrawal From Your Course
If you need to withdraw from your course then you must notify us in writing at least 21 days before the commencement date, stating the reasons for your withdrawal. A “course” is defined as one or more course modules booked in a single enrolment. Refunds may be given only if written notice is received within the required time period. Registration fees are non-refundable even if the course fee is paid in full. Please note that if you pay the course fees in full, you can only apply for a refund of the full fee (less deposit) before the 21 day notice period. If you withdraw from the course when this notice period has elapsed, then the fees are non-refundable. If you opt to pay in instalments it is still necessary to give 21 days’ notice if you wish to withdraw. If you do not do so, then your instalments will remain payable in the normal manner. If you have deferred your course then the 21 day notice period is calculated from your original start date. For the avoidance of doubt, you cannot defer a course and then later decide to withdraw to avoid the 21 day notice period.
5. Amendments to Course Schedule
Upon booking your course you will be able to view the start dates for each of your chosen modules in the “My Home” section the website. Students who wish to make changes to their schedule must apply in writing at least 21 days before the course module is due to start. No changes can be made after this point. Whilst we try to be flexible, Point Blank reserves the right to make an administration charge of £25 for any changes to your course schedule.
6. Course Timetable
Point Blank reserves the right to make changes to the dates, times, prices, tutors and contents of the courses without prior notice.
7. Student Conduct
We expect all students to treat the staff, facilities and their classmates with due respect. Point Blank reserves the right to exclude or expel any student who uses chatrooms and/or discussion boards to disseminate material that may be deemed abusive or offensive or is otherwise in breach of this agreement. In such cases, full fees will remain payable.
8. Grievance Procedure
If a student has a complaint or grievance about any aspect of their course, it should be raised with an appropriate person (eg tutor/admissions department) at the earliest opportunity. Point Blank will make every effort to deal with complaints sympathetically. If the dispute is unresolved, the student may take the complaint, grievance, or appeal to the Managing Director by writing to: the Managing Director, Point Blank, 23-28 Penn Street, London N1 5DL. The complaint letter must make clear the exact nature of the complaint and the desired outcomes and must provide full details of the circumstances and relevant background.
9. Intellectual Property
The intellectual property rights (including without limitation registered design, copyright, database right, trademarks, application to register any of the aforementioned rights, trade secrets and/or know how) in Point Blank materials and courses described in this brochure are and shall remain the exclusive property of Point Blank. Point Blank also owns those intellectual property rights arising in the parts of recordings and writings made or written by Point Blank employees during the teaching of the courses where Point Blank and its employees have had input into the composition and/or recording or production of said works. Any unauthorised reproduction, dissemination, broadcast or other use of such Point Blank owned or controlled recordings and/or writings is prohibited and will amount to breach of the course terms and conditions (and a breach of UK Law). From time to time, Point Blank may offer to any or all students during their course Publishing and/or Production contracts with the express intent of exploiting songs and/or recordings presented by the student to Point Blank (and please note such terms are wholly separate from these Online Music School Terms and Conditions.
10. Limitation of Liability
Point Blank’s liability to you hereunder shall be limited to the total amount you have actually paid to Point Blank for the applicable course. Except as set out herein, Point Blank shall under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising hereunder or in connection with the courses provided by Point Blank. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence. For the avoidance of doubt, Point Blank shall not be liable for any loss or termination hereunder resulting from or arising in connection with any student visa status or other reason related to immigration. Point Blank:
a) Accepts no responsibility for loss, damage or theft of personal belongings.
b) Reserves the right to alter advertised tutors at any time.
c) Reserves the right to cancel courses at any time and to transfer bookings to rescheduled dates. Students unable to attend rescheduled dates may be entitled to some refund or other credit.
d) Takes no responsibility for the quality of services or products provided or offered by third party advertisers and/or vendors. Inclusion in the course materials or presence during a course is not a recommendation or endorsement by Point Blank.
11. Force Majeure
For the purposes of this Agreement, “Force Majeure Event” means any event beyond the reasonable control of Point Blank including without limitation strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, including governmental visa status, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. Point Blank shall not be liable to you as a result of any delay or failure to perform its obligations under this Agreement as a result of a Force Majeure Event. If the Force Majeure Event prevents Point Blank from providing any of the Services and/or Goods for more than four (4) weeks, Point Blank shall, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by written notice.
12. General
Point Blank may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party. If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Agreement shall not be affected. A person who is not a party to this Agreement shall not have any rights under or in connection with it. Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Agreement shall only be binding when agreed in writing and signed by the Point Blank. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
13. Law and Jurisdiction
These Terms and Conditions shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim, dispute or difference which may arise out of them.
14. Contact Details
Point Blank Music School
23-28 Penn St
London N1 5DL
Email: paypal[at]pointblanklondon[dot]com
Tel: +44 (0)20 7729 4884