Service Terms and Conditions
1.1 These Terms and Conditions shall apply to the provision of Services by the Supplier to the Client.
1.2 In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Supplier in writing.
2. Definitions and Interpretation
2.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Business Day”||means a day (excluding Saturdays) on which banks generally are open for the transaction of normal banking business (other than solely for trading and settlement in Euros)|
|“Client”||means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which purchases services from the Supplier;|
|“Commencement Date”||means the commencement date for the agreement;|
|“Fees”||means the fees payable by the Client under Clause 4 in accordance with the Terms of Payment;|
|“Services”||means the services to be provided by the Supplier to the Client;|
|“Supplier”||means Oxbridge Interviews Ltd; and|
|“Terms of Payment”||means the terms of payment of Fees.|
2.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
2.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
2.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
2.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and any Schedules as amended or supplemented at the relevant time;
2.2.4 a Schedule is a schedule to these Terms and Conditions; and
2.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.
2.2.6 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
2.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
2.4 Words imparting the singular number shall include the plural and vice versa.
2.5 References to any gender shall include the other gender.
3. The Services
3.1 With effect from the Commencement Date the Supplier shall, in consideration of the Fees being paid in accordance with the Terms of Payment provide the Services to the Client.
3.2 The Supplier will use reasonable care and skill to perform the Services.
3.3 The Supplier shall use all reasonable endeavours to complete its obligations under these Terms and Conditions, but time will not be of the essence in the performance of these obligations.
4.1 The Client agrees to pay the Fees in accordance with the Terms of Payment.
4.2 In addition the Supplier shall be entitled to recover from the Client his reasonable incidental expenses for materials used and for third party goods and services supplied in connection with the provision of the Services.
4.3 The Client will pay the Supplier for any additional services provided by the Supplier that are not specified in the original agreement in accordance with the Supplier’s then current, applicable daily rate in effect at the time of the performance or such other rate as may be agreed. Any charge for additional services will be supplemental to the amounts that may be due for expenses.
4.4 All sums payable by either Party pursuant to these Terms and Conditions are inclusive of any value added or other tax (except corporation tax) or other taxes on profit, for which that Party shall be additionally liable.
5.1 All payments required to be made pursuant to these Terms and Conditions by either Party shall be due on receipt of the relevant invoice in GBP (pound sterling) in cleared funds to such bank in the UK as the other Party may from time to time nominate, without any set-off, withholding or deduction except such amount (if any) of tax as that Party is required to deduct or withhold by law.
5.2 The time of payment shall be of the essence. If the Client fails to make any payment on the due date (the date the invoice is received) then the Supplier shall, without prejudice to any right which the Supplier may have pursuant to any statutory provision in force from time to time, have the right to charge the Client interest on a daily basis at an annual rate equal to the aggregate of 5% and the base rate of HSBC from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.
6. Variation and Amendments
6.1 If the Client wishes to vary any details of the agreement he must notify the Supplier in writing as soon as possible. The Supplier shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Client.
6.2 If, due to circumstances beyond the Supplier’s control, it has to make any change in the arrangements relating to the provision of the Services it shall notify the Client immediately. The Supplier shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.
7.1 The Supplier may terminate the agreement immediately if:
7.1.1 the Client is in breach of any of his obligations hereunder;
7.1.2 the Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with his creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of his undertakings or assets;
7.1.3 the Client has become bankrupt or shall be deemed unable to pay his debts by virtue of Section 123 of the Insolvency Act 1986;
7.1.4 the Client ceases or threatens to cease to carry on business; or
7.1.5 any circumstances whatsoever beyond the reasonable control of the Supplier (including but not limited to the termination of the service through no fault of the Supplier) arise that necessitate for whatever reason the termination of the provision of services.
7.2 In the event of termination under sub-Clause 7.1 the Supplier shall retain any sums already paid to it by the Client without prejudice to any other rights the Supplier may have whether at law or otherwise.
8.1 If the Supplier fails to perform the Services with reasonable care and skill it will carry out remedial action at no extra cost to the Client. The remedial action judged necessary will be decided by Oxbridge Interviews Ltd.
8.2 The Client shall indemnify the Supplier against all damages, costs, claims and expenses suffered by the Supplier arising from loss or damage to any equipment (including that of third parties) caused by the Client, or his agents or employees.
8.3 The Supplier shall not be liable to the Client or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations if the delay or failure was due to any cause beyond the Supplier’s reasonable control.
8.4 Oxbridge Interviews Ltd provides interview advice in the form of practice interview related Services. Oxbridge Interviews Ltd does not claim to guarantee success at interviews. Oxbridge Interviews Ltd is solely an advisory service, and as such the information/preparation we offer should be taken in that context. Oxbridge Interviews Ltd cannot guarantee applicants a place at any university. As such, Oxbridge Interviews Ltd are not liable for any applicant’s unsuccessful application.
8.5 Although Oxbridge Interviews Ltd aim to ensure the accuracy of information provided, this cannot be guaranteed. Oxbridge Interviews Ltd accept no liability if the information we provide proves to be incorrect or if an applicant acts differently to how he or she would otherwise have acted without our services.
8.6 Any request for refunds as a result of any client whom has received support but failed to obtain a certain position will be refused. Oxbridge Interviews Ltd does not offer free training to any individual who has received support but was unsuccessful at their interview.
9. Cancellation Policy
9.1 Requests from the client to cancel a previously booked service must be made by email via www.oxbridgeinterviews.co.uk/contact. The day of receipt of the email (business days only) by Oxbridge Interviews is the time that notice is given of your request to cancel your booking. Requests made by email after operating hours (09.00-17.00 GMT) will be dated to the next day.
9.1.1 If a client cancels less than five business days before the scheduled service, no refund will be given for. If a client cancels five or more business days before the scheduled service, Oxbridge Interviews will refund the client’s booking minus a £25 administrative charge for arranging the interviews (this covers Oxbridge Interviews’ time in making the booking, as well as any credit card fees incurred taking the booking. Please note this £25 charge is per client, rather than per interview session arranged – i.e.: clients will only be charged £25). If you have booked one of our Platinum, Gold or Silver Courses and wish to cancel mid-way through the Course, your refund will be the total cost of the Course minus the administrative fee and the sessions you’ve already had with us at their standard cost (rather than the discounted cost of the sessions in a Course).
9.1.2 For other services (except for students who sign up for the service via their school – in which case clause 9.1.3 replaces this clause): cancellations made more than 1 week before the scheduled service: a 100% refund will be granted; cancellations made less than 1 week before the scheduled service: no refund of fees will be made.
9.1.3 For all school services: where Oxbridge Interviews Ltd has a contract with a school to provide support within the school, if a student cancels more than 3 weeks before the scheduled service date: a 100% refund will be granted; cancellations made less than 3 weeks before the scheduled service: no refund of fees will be made. This cancellation policy is relevant for all students who sign up to Oxbridge Interviews Ltd’s services via the school, and includes those students for whom Oxbridge Interviews Ltd provides support at Oxbridge Interviews Ltd’s own venues.
9.2 If the client fails to attend the service on the date booked without giving notice within the above time periods Oxbridge Interviews Ltd cannot offer any monetary refund. Retrospective notice (for any reason) given after the session date will not be accepted and no refund will be considered.
9.3 At the discretion of Oxbridge Interviews Ltd, and where space is available, clients can move the date of their booking to another date free of charge once Oxbridge Interviews Ltd is provided with more than 5 business days before the service date. Clients cannot reschedule a course twice as no monetary refund will be offered and clients will forfeit their booking and booking fee in full. Oxbridge Interviews Ltd does not accept requests to postpone or move a course date with less than 5 business days as clients will forfeit their course fee in full.
9.4 At the discretion of Oxbridge Interviews Ltd, where clients cannot make the scheduled interview date due to circumstances outside of their control (eg: severe bad weather) a phone or internet (eg: Skype) interview may be offered as a replacement, but no monetary refund will be offered if the client declines this offer.
10. Preparation Form
When clients book with Oxbridge Interviews Ltd, they will be required to fill in an Interviewee Preparation Form. Clients must complete this Form and return it to Oxbridge Interviews Ltd by 5pm on the Tuesday prior to the first session that is due to take place that weekend. If this is not adhered to, the interview session, that weekend, will be cancelled without a refund. If a booking for a weekend interview session is made on or after the Tuesday before it, the completed Interviewee Preparation Form must be returned within 24 hours of making the booking.
11. Cancellation by Oxbridge Interviews Ltd
Oxbridge Interviews Ltd reserves the right to cancel any of its services. This is a last resort and all attempts to replace interviewers/trainers if sick/absent will be made before any consideration is given to cancelling a service. Full provisions to move/reschedule the service will be made. In the unlikely event that a course has to be cancelled the client will be informed immediately and be refunded the charge. Oxbridge Interviews Ltd cannot be held liable for travel/accommodation/other expenses that the client may have occurred in this event.
12. DVD and video recorded data
When purchasing a film with Oxbridge Interviews Ltd, clients will receive this on an 8cm DVD immediately after the service. Oxbridge Interviews Ltd only films the interview, not the feedback session. DVDs should only be played on tray-loading drives, and should never be used on slot-loading drives. Please see www.oxbridgeinterviews.co.uk/film for more information on this. Oxbridge Interviews Ltd cannot be held liable for any fault or damage sustained when incorrectly using the DVD in a DVD player/computer etc., and this includes inserting the DVD into a slot-loading drive. In addition, with technology, mistakes can occasionally happen and there is always the chance of data error during collation. Where a DVD fails to record successfully the interviewee will be refunded the cost of the film by Oxbridge Interviews.
13. Force Majeure
Neither the Client nor the Supplier shall be liable for any failure or delay in performing their obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
14.1 No waiver by the Supplier of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of these Terms and Conditions shall be effective only if given in writing and signed by the waiving Party and then only in the instance and for the purpose for which the waiver is given.
14.2 No failure or delay on the part of any Party in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.
The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
The Supplier reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Services or facilities. The Supplier reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
17.1 All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
17.2 Notices shall be deemed to have been duly given:
17.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
17.2.2 when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or
17.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
17.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid.
in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
17.3 Service of any document for the purposes of any legal proceedings concerning or arising out of these Terms and Conditions shall be effected by either Party by causing such document to be delivered to the other Party at its registered or principal office, or to such other address as may be notified to one Party by the other Party in writing from time to time.
18. Complaints Policy
You can make a complaint by contacting us. We endeavour to respond to all customer complaints within five working days.
19. Law and Jurisdiction
19.1 These Terms and Conditions shall be governed by the laws of England and Wales.
19.2 Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.