Student Terms and Conditions of Business
These Terms & Conditions, which may be amended from time to time, apply to services provided by Finito Education Limited. Any updates or amendments will be published on our website. By proceeding with an application to Finito to participate in its Mentoring Programme, you acknowledge and agree to have read, understood and accepted the Terms & Conditions set out below (including the Privacy Notice and Policy available on our website).
These terms tell you who we are, how we will provide services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information.
You can contact us by telephoning 020 3780 7700 or e-mailing email@example.com or writing to our offices at Finito Education Limited, Sutherland House, 3 Lloyd’s Avenue, London EC3N 3DS. Finito Education Limited is a limited company registered in England and Wales. Our Company number is 09985173 and our registered address is Fourth Floor, 7-10 Chandos Street, London W1G 9DQ.
Any Contract between the parties shall be governed by English Law and shall be subject to the exclusive jurisdiction of the English courts.
In these Terms & Conditions, the following have meanings as set out below:
- “Contract” means the main agreement made between Finito, and/or the Fee Payer and/or the Student for the provision of the Mentoring Programme.
- “Fee Payer” means the person who pays for the services of Finito.
- “Finito” means Finito Education Limited.
- “Medical Disabilities” means any medical condition or special educational needs (such as dyslexia or dyspraxia) that may affect a Student’s Mentoring Programme.
- “Mentoring Programme” means the provision of services by Finito being work ready tutoring and career change mentoring as described in the Finito brochure, website and associated literature.
- “Student” means the person regarded by Finito as the Student who will take part in Finito’s Mentoring Programme.
1.1. A Contract for the provision of a Mentoring Programme is formed between Finito, and/or the Student and/or the Fee Payer when Finito accepts the Student on a Mentoring Programme by confirmation e-mail. The Contract is subject to these Terms & Conditions.
1.2. A Contract referred to in clause 1.1 is subject to interview with the Student by Finito and Finito reserves the right to refuse a Contract for any reason.
1.3. The payment of any sum intended to be in respect of Fees by or on behalf of the Student does not oblige Finito to accept the Student for a Mentoring Programme.
2.1. All published course Fees payable to Finito are exclusive of VAT.
2.2. The Fees are exclusive of travel, accommodation, subsistence or other costs that might arise prior to or during the time of the Mentoring Programme.
2.3. All Fees must be paid in pounds sterling. Any currency conversion costs or other charges incurred in connection with the payment of Fees are to be borne by the Fee Payer or the Student.
2.4 All Fees payable to Finito must be paid before the Mentoring Programme commences.
- Cooling Off Period
3.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”) where you have purchased a service by e-mail, fax or telephone you may cancel your purchase of a Mentoring Programme within a period of 14 calendar days from the date of acceptance (“the Cancellation period”) of your application by e-mail. You must clearly inform Finito of your decision to cancel by e-mail or in writing. On valid cancellation and in accordance with these terms you will be entitled to a full refund of course Fees subject to the following limitations:
3.1.1. This only applies to contracts concluded on our website, or by e-mail, fax and telephone with no face to face meeting at Finito’s business premises.
3.1.2. Your right to cancel and obtain any refund will be lost if you have given Finito express consent to commence, or requested that Finito commence the supply of any services during the Cancellation period and the service has been fully performed by Finito.
- Fees Subject to Change
4.1. Finito reserves the right to amend Fees payable to it from time to time at its discretion (i) in line with inflation (RPI) or (ii) by an increase up to 10% greater than the Fees previously applicable to the Mentoring Programme to reflect increased costs of delivering it.
4.2. Finito shall notify you of any increase in Fees as soon as practicably possible.
4.3. Paying a deposit does not prevent any Fee increase being applied.
- Overdue Account
5.1 Finito reserves the right to charge interest on any Fees still outstanding 14 days after the due date for payment, at the rate of 5% per annum above the base rate of Bank of England then in force, accruing daily from the date that the payment became due.
- Visas, Permissions, Consents
6.1. The Student warrants that it has all necessary visas, permission and consents required for their participation in the Mentoring Programme in the UK. The rejection of a visa or other entry application by the British Authorities does not affect these Terms and Conditions and the Student and/or Fee Payer will remain liable for the Fees.
- Refund Policy
7.1 Fees are non-refundable (Subject to Clause 3) and no reduction in Fees will be made for absence on the part of the Student.
7.2 Once the Mentoring Programme has commenced, the Fee Payer and/or the Student shall be liable for all Fees for the whole Mentoring Programme.
7.3 If any payment is made in error, please contact one of the team at Finito on 020 3780 7700 within 48 hours of the payment being made.
7.4 Refunds will only be made to the Fee Payer or Student using the original method of payment.
7.5 These terms do not impact on your rights under the Consumer Contracts Regulations 2013 where you have bought our services at a distance. However these rights will not apply where services have been completed (see Clause 3).
- Public Holidays
8.1 Finito is closed on Public Holidays.
- Force Majeure
9.1 Finito is not liable in the event of being unable to supply services to which it is contractually bound resulting from causes outside Finito’s control, such as, but not limited to, acts of terrorism, natural disasters, labour disputes, government action, pandemics and the like.
- Communication with Students & Fee Payers
10.1 Finito sends out important information to Students and Fee Payers exclusively by email. It is the Student and Fee Payer’s sole responsibility to ensure that Finito has correct and up-to-date email addresses on record, and to open, read and act upon such email notifications.
- Medical Disabilities
11.1 Any Medical Disabilities that may affect a Student’s Mentoring Programme must be declared to Finito prior to the Student proceeding to join in Finito’s Mentoring Programme.
11.2 At the request of Finito the Student shall obtain from his/her doctor an up-to-date comprehensive written medical report addressed and passed to Finito concerning any Medical Disabilities.
11.3 Also at the request of Finito the Student agrees to attend a medical examination to be carried out by an independent doctor nominated by Finito for the purpose of enabling such doctor to write to Finito and pass to it an up-to-date written medical report concerning any Medical Disabilities.
11.4 The Student by accepting these Terms and Conditions hereby gives his/her consent to the doctor concerned to enable him/her to pass to Finito any medical reports prepared in accordance with this clause 11.
11.5 All and any reasonable expenses incurred by the Student and resulting from this clause 11 shall be paid by Finito subject to production of supporting evidence of payment made or to be made in respect of such expenses.
11.6 When complying with any of the provisions contained in this clause 11 the Student shall use best endeavours to co-operate generally with Finito and act as quickly as possible.
11.7 The Contract with Finito may be regarded as having been terminated by it where material facts regarding Medical Disabilities are known to the Student and not disclosed to Finito which is as a result unable to fulfil the service which it has been contracted for.
- Mentoring Programme Subject to Change
12.1 Finito reserves the right to change or amend at any time its Mentoring Programme in any respect of any matter of any kind including the right to cancel.
12.2 No guarantee or warranty, express or implied is given regarding the timing or content of the Mentoring Programme.
12.3 Finito will endeavour to inform Students about amendments, postponements and cancellations with as much notice as reasonably possible.
12.4 Finito does not provide any guarantee or warranty express or implied in respect of the standard of a Student’s abilities on completion of the Mentoring Programme.
- Course Materials
13.1 All Mentoring Programme material remains the property of Finito and should not be removed from Finito.
- Student Conduct
14.1 Students are expected to conduct themselves at all times in a manner which demonstrates respect for Finito its associates, its staff, and property and in adherence with the student contract, which all students must read prior to commencement of the Mentoring Programme.
14.2 Finito reserves the right to suspend or dismiss from Finito any Student at any time whose conduct is in its absolute discretion unacceptable.
14.3 No Fees will be refunded for any Student dismissed under this clause 14.
- Bullying & Abusive Behaviour
15.1 Bullying of any kind is unacceptable and will not be tolerated. We are committed to providing a supportive, friendly and safe environment for all students and mentors so they can learn and work in a relaxed and secure environment without fear of being bullied. If bullying does occur, all students and staff should be confident to tell someone about it and know that all incidents will be dealt with promptly and effectively.
- Personal Property
16.1 Finito accepts no liability for students’ personal property that is lost, stolen or damaged during the Mentoring Programme.
17.1 The Fee Payer or Student will be held liable for the cost of repairing any damage caused to Finito property by the Student.
- Dress Code
18.1 Smart casual wear is required, but on some occasions business attire will be necessary. The full Dress Code Policy is contained within the Mentoring Programme.
19.1 Problems and complaints with any aspect of Finito should be brought to the attention of staff immediately so that appropriate help can be given. If the complaint is not resolved or satisfactorily dealt with locally, then a formal complaint should be directed to Finito in writing marked for the attention of the Chief Executive.
20.1 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
20.2 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
20.3 If a court of law finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Data Protection
21.1 For the purpose of the Data Protection Legislation, the data controller is Finito. Finito shall process personal data only in accordance with its Privacy Notice and Policy. The full Finito Privacy Notice and Policy is available on the website: www.finito.org.uk.
21.2 In accepting these Terms & Conditions the Student and/or the Fee Payer agree to have read, understood and accepted the Finito Privacy Notice and Policy.
22.1 Finito, the Student and the Fee Payer shall keep in strict confidence all information which is of a confidential nature and has been disclosed to the other party or parties as is necessary to discharge its obligations and such information shall be used only in connection with these terms and conditions.
22.2 This clause shall not have effect in respect of confidential information which is not prohibited by law or is unacceptable to the professional advisers of the parties.
22.3 This provision shall survive termination of the Contract.
- Limitation of Liability
23.1 Finito shall under no circumstances whatsoever be liable to the Student and/or the Fee Payer whether in contract, tort, breach of statutory duty or otherwise for any loss of profit or any indirect or consequential loss arising under the Contract.
23.2 This clause shall survive termination of the Contract.
Prior to commencement of the Mentoring Programme, the Student will be asked for his/her consent for the following:
24.1 Any photographs taken of the Student during their course may be used by Finito or 3rd parties for marketing purposes. These photographs may be used without limitation in time.
24.2 Finito may distribute the Student’s curriculum vitae and contact details to employers/recruiters as part of the work ready tutoring or career change mentoring.
24.3 Finito mentors may take the Student’s personal contact details with them during off-site visits for Safeguarding and Health & Safety purposes.