Terms & Conditions

Malvern College Switzerland

Terms & Conditions

A Introduction

1 These Terms & Conditions reflect the custom and practice of independent schools for many generations. They form the basis of a legal contract for our educational services. These Terms & Conditions are intended to promote the education and welfare of each pupil and the stability, forward-planning, proper resourcing anddevelopment of Malvern College Switzerland.

2 Our prospectus and website are not contractual documents. Please see Section K for further information.

3 Fees & Notice: The rules concerning notice and fees are of particular importance and are set out at Sections H& I below.

4 Managing Change: Malvern College Switzerland, as any other school, is likely to undergo a number of changes during the time your child is a pupil here. Please see Section K for further details of the changes that may be made and the consultation and notice procedures that will apply.

5 Documents referred to: Before accepting the offer of a place, parents and pupils receive a copy of the PupilCode of Conduct and the Fees & Charges List. Parents also have the opportunity, on request, to see any ofthe other documents referred to in these Terms and Conditions. Please refer to Section K.

B Terminology

6 ‘The School’/‘We’/‘Us’/‘MCS’ means Malvern College Switzerland as now or in the future constituted. MCS is operated by Feydey International S.A., a company incorporated in Switzerland, under license from Malvern College International Ltd, a company incorporated in the UK.

7 ‘Advisory Board’/‘Advisory Board Members’ means the Advisory Board of MCS, representatives of Feydey International S.A. and MCIL, who are appointed from time to time under the terms of the governing instrument referred to above and who are responsible for the governance of the MCS.

8 ‘The Head’ is responsible for the day-to-day running of MCS. This responsibility includes oversight of anypersons to whom duties of the Head or of the Advisory Board of MCS have been delegated.

9 ‘The Parents’/‘You’ means any person who has signed the Acceptance Form and/or who has accepted responsibility for a child's attendance at MCS. Parents are legally responsible, individually and jointly, for complying with their obligations under these Terms & Conditions. Those who have ‘parental responsibility’(i.e. legal responsibility for the child) are entitled to receive relevant information concerning the child unless a court order has been made to the contrary, or there are other reasons which justify withholding information to safeguard the interests and welfare and best interests of the child.

10 ‘The Pupil’ is the child named on the Acceptance Form. The age of the Pupil and appropriate academic entry point will be calculated in accordance with UK custom as befits a British curriculum school.

C Admission and Entry to the MCS

11 Registration and Admission: Applicants will be considered as candidates for admission and entry to MCS when the Application Form has been completed and returned to us and the non-returnable Application Fee (CHF 500.-) paid. Admission will be subject to the availability of a place and the Pupil and Parents satisfying the admission requirements at the time. ‘Admission’ occurs when Parents accept the unconditional offer of a place. ‘Entry’ is the date when a pupil attends the MCS for the first time under this contract.

12 Equal Treatment: MCS is a mainstream, boarding school for boys and girls aged from 11-18 years. MCS has an international ethos and welcomes staff and children from many different ethnic groups, backgrounds and creeds. Human rights and freedoms are respected. We will do all that is reasonable to ensure that MCS’s culture, policies and procedures are made accessible to children who have disabilities and to comply with our legal and moral responsibilities in this regard. Pupils with special needs are asked to declare these at the point of application so that appropriate support can be put in place.

13 Offer of a Place and Deposit: A deposit (‘Acceptance Deposit’) as shown on the Fees & Charge list for the relevant year will be payable when Parents accept the offer of a place. The Acceptance Deposit will be retained in the general funds of the MCS until the Pupil leaves and will be repaid by means of a credit without interest to the final payment of Fees or other sums due to MCS on leaving, unless the parent wishes to donate the Acceptance Deposit in writing to MCS’s Bursary Fund.

14 Acceptance Deposits: Parents must pay a deposit of CHF 5000.- once upon acceptance of the Official Offer inorder to secure their child’s place at MCS.

15 Immigration: MCS is currently registered with Swiss educational authorities to issue a Study Visa. Parents must inform the admissions office when returning a completed application form or at any other time if their child requires sponsorship (visa support) from MCS in order to obtain a visa to study in Switzerland. Pupils arenot permitted to study at MCS without a valid visa. Parents are required to ensure that where applicable, visas and passports are renewed in a timely fashion to prevent any break in education. Where a child is sponsored by MCS for immigration purposes the Parents shall permit MCS to take and retain copies of their child’s passportand visa. It shall be the Parents’ responsibility at all times to ensure that their child has the appropriate immigration permission to reside in Switzerland and to study at MCS. Where attendance at the MCS is delayeddue to the lack of a visa or passport, MCS shall not be responsible either for reimbursement of fees for the period of education that has been missed, nor for supplementary teaching in order to make up for tuition missed.

D Pastoral Care

16 Meaning: Pastoral care is a thread that runs throughout all aspects of life at MCS and is directed towards the happiness, success, safety and welfare of each pupil and the integrity of the MCS community.

17 Our Commitment: We will do all that is reasonable to safeguard and promote your child’s welfare and toprovide pastoral care that meets or exceeds the standards laid out in British and Swiss legislation.

18 Complaints: Any question, concern or complaint about the pastoral care or safety of a pupil must be notified immediately to a member of the MCS staff or in the case of a grave concern must be notified in writing to the Head and/or by telephone in a case of emergency. A copy of the MCS Complaints Procedure will be suppliedon request.

19 Pupils’ Rights: A pupil of sufficient maturity and understanding has certain legal rights which MCS must observe. These include the right to give or withhold consent in a variety of circumstances and certain rights of confidentiality and, usually, the right to have contact with both natural or adoptive parents. If a conflict of interests arises between a Parent and a Pupil, the rights of, and duties owed to, the Pupil will in most cases take precedence over the rights of, and duties owed to, the Parent.

20 Head’s Authority: The Parents authorise the Head to take and/or authorise in good faith all decisions which the Head considers on proper grounds will safeguard and promote the Pupil’s welfare. (Refer to Section E of this document.)

21 Ethos: The ethos of MCS is such as to foster good relationships between members of the staff, the pupilsthemselves and between members of the staff and pupils. Bullying, harassment, victimisation and discrimination will not be tolerated. MCS and its staff will act fairly in relation to the pupils and parents and weexpect the same of pupils and parents in relation to MCS.

22 Physical Contact: Parents give their consent to such physical contact as may accord with good practice and be appropriate and proper for teaching and instruction and for providing comfort to a pupil in distress or to maintain safety and good order, or in connection with the Pupil’s health and welfare. Parents also consent to their child participating in contact and non-contact sports and other activities as part of the normal MCS extra-curricular programme. Parents should understand that while MCS will provide appropriate supervision the risk of injury cannot be eliminated.

23 Disclosures: Parents must, at the point of application, disclose to MCS in confidence any known medical condition, health problem or allergy affecting the Pupil, any history of a learning difficulty on the part of thePupil or any member of his/her immediate family, or any family circumstances or court order which might affect the Pupil's welfare or happiness, or any concerns about the Pupil’s safety. (This will be taken into consideration when making an Offer of a place.)

24 Confidentiality: The Parents authorise the Head to override their own and (in so far as the law allows) a pupil’srights of confidentiality, and to impart confidential information on a ‘need-to-know’ basis where necessary tosafeguard or promote a pupil's welfare or to avert a perceived risk of serious harm to the Pupil or to another person at MCS. In some cases, teachers and other employees of MCS may need to be informed of anyparticular vulnerability the Pupil may have. MCS reserves the right to monitor the Pupil’s e-communications and internet use.

25 Communication with Parents: With the exception of communication regarding cancellation, withdrawal andnotice of withdrawal MCS will (unless otherwise notified) treat any communication from any person withparental responsibility as having been given on behalf of each such person (unless other arrangements aremade) and any communication from MCS to any such person as having been made to each of them.

26 Leaving MCS Premises: MCS is unable to prevent a pupil leaving MCS’s premises in breach of MCS Rulesand Regulations and is not legally entitled to do so in the case of a pupil aged 16 years or over. All reasonable action will be taken by the School to ensure the whereabouts and safety of pupils who breach the School rules and regulations. Parents are contacts and remain informed.

27 Residence During Term Time: Pupils, except when boarding, are required during term time and at weekends, leave outs and half-term, to live with a parent or legal guardian or with an educational guardian acceptable toMCS. MCS must be notified in writing immediately if the Pupil will be residing during term time under thecare of someone other than a parent.

28 Absence of Parents: When Parents will be absent from the Pupil’s home for the period of a week or longer, MCS must be told in writing the name, address and telephone number for twenty-four-hour contact with the adult who will have the care of the Pupil.

30 Photographs: It is the custom and practice of most independent schools, and of MCS, to include photographs or images of pupils in promotional material such as in the prospectus, on the website and on social media. MCS does not disclose any contact details of pupils in such circumstances without the Parents’ consent. If Parents do not want the Pupil’s photograph or image to appear in any of MCS’s promotional material they must make sure the Pupil knows this and must notify the admissions office in writing, at the start of each academic year, requesting an acknowledgement of their letter.

31 Transport: The Parents’ consent to the Pupil travelling by any form of public transport and/or in a motor vehicledriven by a responsible adult who is duly licensed and insured to drive a vehicle of that type.

32 Pupils’ Personal Property: Pupils are responsible for the security and safe use of all their personal propertyincluding money, mobile phones, locker keys, watches, computers, calculators, musical instruments and sportsequipment, and for property lent to them by MCS.

33 Insurance: Parents are responsible for insurance of the Pupil’s personal property whilst at MCS or on the way toand from MCS or whilst on any MCS-sponsored activity away from MCS premises. This should be provided to MCS ahead of arrival. If it is not, parents should be aware that MCS does not make provision for the insuranceof pupils’ personal possessions whilst on or off campus. It is therefore prudent not to send a child to school withexcessively valuable items.

34 Liability: Unless negligent or guilty of some other wrongdoing causing injury, loss or damage, MCS does not accept responsibility for accidental injury or other loss caused to the Pupil or Parents or for loss or damage to property.

E Health and Medical Matters

35 Medical Declaration: Parents will be asked to complete a medical declaration form concerning the Pupil’s health at the point of accepting an Offer of a place. Parents must inform MCS’s Medical Officer in writing if the Pupil develops any known medical condition, health problem or allergy, or will be unable to take part in games or sporting activities, or has been in contact with infectious diseases.

36 Medical Care: Every Pupil attending MCS is able to make use of the high-quality care and medical attention available in Switzerland. All Pupils are required to have Swiss accident/illness insurance as required by Swiss law. This is arranged by MCS at an additional cost. Parents must comply with the School Nurse’s stipulations whilst in school; these are set in accordance to the latest advice from the Swiss health authorities.

37 Medical Examination: All Pupils will have a routine medical examination with MCS’s School Nurse (or other appointed medical practitioner), usually during the first term at MCS. Arrangements can be made on request for a Parent to be present, but this is subject to the Pupil’s consent if the Pupil is of sufficient maturity and understanding (usually at 12+ years).

38 Pupils’ Health: The Head may at any time require a medical opinion or certificate as to the Pupil’s general health where the Head considers that necessary as a matter of professional judgement in the interests of the child and/or MCS. A pupil of sufficient age and maturity is entitled to insist on confidentiality which can nonetheless be overridden in the Pupil’s own interests or where necessary for the protection of other members of the MCS community. Full consideration will be given to any reasonable adjustments required by a medical condition. However, if, in the professional opinion of the school nurse (or other appointed medical practitioner),it is not in the best interests of the Pupil for the Pupil to remain at MCS, the Head may, following consultationwith the Parents and where appropriate, the Pupil, require the Parents temporarily or permanently, to remove the Pupil from MCS. The Head shall act with procedural fairness in all such cases and shall have regard to the interests of the Pupil and Parents as well as those of MCS (see ‘Advisory Board’ and/or ‘Advisory Board Review’ below).

39 Medical Information: Throughout a pupil’s time as a member of MCS, the School Nurse shall have theright to disclose confidential information about the Pupil if considered to be in the Pupil’s own interests or necessary for the protection of other members of the MCS community. Such information will be given and received on a confidential, ‘need-to-know’ basis.

40 Emergency Medical Treatment: The Parents authorise the Head to consent on behalf of the Parents to Pupilsreceiving emergency medical treatment. Such treatment includes, but is not limited to: blood transfusion, general anaesthetic and operations at either a public or private hospitals where certified by an appropriately qualified person and where deemed necessary for the Pupil’s welfare and if the Parents cannot be contacted in time.

F Educational Matters

41 Our Commitment: MCS will do all that is reasonable to provide an educational environment and teaching of arange, standard and quality which is suitable to the needs of each pupil. This education will meet, and in many cases exceed, the standards required by law in both the UK and Switzerland.

42 Organisation: MCS reserves the right to organise the curriculum and its delivery in a way, which, in theprofessional judgement of the Head, is most appropriate to the MCS community as a whole. MCS’s policy on streaming, setting and class sizes may change from year to year and from time to time and will depend mainly on the mixture of abilities and aptitudes among the pupils and may take into account management of friendship groups. Any Parent who has specific requirements or concerns about any aspect of their child’s education orprogress should contact MCS as soon as possible or contact the Head in the case of a grave concern.

43 Progress Reports: MCS monitors the progress of each pupil and reports regularly to Parents by means of full written reports, interim reports and both formal and informal meetings with parents.

44 Sex Education: All pupils will receive personal, social, health and economic (PSHE) education appropriate to their age in accordance with the curriculum. This element of the curriculum includes coverage of sex and relationships and is delivered to all pupils unless the Parents have given formal notice in writing that they do not wish their child to take part in this aspect of the curriculum.

45 Public Examinations: The Head may, after consultation with the Parent and Pupil, decline to enter a pupil for a public examination if, in the exercise of professional judgement, the Head considers that by doing so thePupil’s prospects in other examinations would be impaired and/or if the Pupil has not prepared for theexamination with sufficient diligence, for example, because the Pupil has not worked or revised in accordance with advice or instruction from the staff.

46 Reports and References: Information supplied to Parents and others concerning the progress and character ofa pupil, and about examinations, further education and career prospects, and any references will be given conscientiously and with all due care and skill but otherwise without liability on the part of MCS.

47 Learning Difficulties: MCS will do all that is reasonable in the case of each pupil to detect and deal appropriately with a learning difficulty which amounts to a special educational need. Our staff are not, however, qualified to make a medical diagnosis of conditions such as those commonly referred to as dyslexia, dyscalculia nor of any other learning difficulties.

48 Screening for Learning Difficulties: Screening tests available to schools are indicative only; they are not infallible. Parents will be notified if a screening test indicates that a pupil has a learning difficulty. A formalassessment can be arranged by MCS at the Parents’ expense or by the Parents themselves.

49 Information about Learning Difficulties: Parents must notify the Head in writing at the point of application, if they are aware or suspect that the Pupil (or anyone in his or her immediate family) has a learning difficulty. Parents must provide MCS with copies of all written reports and other relevant information. Parents will be asked to withdraw the Pupil, without being charged Fees in lieu of notice if, in the professional judgement of the Head and after consultation with the Parents and with the Pupil (where appropriate), MCS cannot provideadequately for the Pupil’s special educational needs. Remedial teaching provided by MCS will be charged as an extra.

50 Moving up through MCS: It is assumed that each Pupil who satisfies the relevant criteria at the time will progress through MCS and will ultimately complete the Upper Sixth Year (Year 13). Parents will be consulted before the end of the Winter (Lent) Term if there appears to be any reason why the pupil may be refused a placeat the next stage of MCS. Parents must give a term’s notice in writing in accordance with the Provisions aboutNotice (in section H) if they do not intend their child to proceed to the next stage of MCS, or a term’s Fees in lieu of notice will be payable.

51 MCS’s Intellectual Property: MCS reserves all rights and interest in any copyright, design right, registereddesign, patent or trademark (‘intellectual property’) arising as a result of the actions or work of a pupil in conjunction with any member of staff and/or other pupils at MCS for a purpose associated with their work at MCS. MCS will acknowledge the Pupil’s role in creation/development of intellectual property as well as be acknowledged in work that was done in conjunction with both parties.

52 Pupil’s Original Work: Copyright in the Pupil’s original work, such as classroom work, prep or homework,projects, internal examination scripts, paintings and computer-generated material, belongs to the Pupil. Mostsuch work (but not examination scripts or some assessed coursework) will be returned to the Pupil when it is no longer required for purposes of assessment or display. The Parents’ consent for themselves and (so far as they are entitled to do so) on behalf of the Pupil, to MCS retaining such work on MCS premises until, in our professional judgement, it is appropriate to release the work to the Pupil. MCS will take reasonable care to preserve the Pupil’s work is undamaged but cannot accept liability for loss or damage caused to this or any other property of the Pupil by factors outside the direct control of the Head and staff.

53 Educational Visits: A variety of educational visits will be provided for your child whilst they are a pupil at MCS. The cost of some educational visits will be charged as an extra and added to the bill. Parents’ priorconsent will be sought for a ‘per visit’ costing more than CHF 50. Educational visits abroad, or those in Switzerland involving an overnight stay, will be the subject of a separate agreement with Parents. The cost ofthe trip will be payable in advance. The Pupil is subject to MCS discipline in all respects whilst engaged on aMCS trip. All additional costs of special measures (such as medical costs, taxis, air fares, or professional advice)necessary to protect the Pupil’s safety and welfare, or to respond to breaches of discipline, will be added to the bill.

G Behaviour and Discipline

54 MCS Regime: The Parents accept that MCS will be run in accordance with the authorities delegated by the MCS Advisory Board to the Head. The Head is entitled to exercise a wide discretion in relation to MCS’s policies, rules and regime and will exercise those discretions in a reasonable and lawful manner, and with procedural fairness when the status of the Pupil is at issue.

55 Conduct and Attendance: We attach importance to courtesy, integrity, good manners, good discipline and respect for the needs of others. Parents warrant that the Pupil will take a full part in the activities of MCS, will attend each school day, will be punctual, will work hard, will be well-behaved and will comply with MCS Rules about the wearing of uniform.

56 MCS Rules: The MCS Rules and Regulations which apply are set out in separate documents. Parents andpupils have the opportunity to read the current MCS Rules and Regulations before they accept the offer of a place.

57 MCS Discipline: The Parents hereby confirm that they accept the authority of the Head and of other members of staff on the Head’s behalf to take all reasonable disciplinary or preventative action necessary to safeguard and promote the welfare of each Pupil and the MCS community as a whole. MCS’s disciplinary policy applies to all pupils when they are on MCS premises, or in the care of MCS, or wearing MCS uniform, or otherwiserepresenting or associated with MCS. For the avoidance of doubt, the disciplinary policy also applies when pupils are in the company of guardians or other pupils’ parents at, or away from MCS premises, or outside normal school hours.

58 Investigative Action: A complaint on reasonable grounds of misconduct will be investigated. A Pupil may be questioned, and his/her accommodation or belongings may be searched in appropriate circumstances. All reasonable care will be taken to protect the Pupil’s human rights and freedoms and to ensure that his/her Parents are informed as soon as reasonably practicable after it becomes clear that the Pupil may face formaldisciplinary action.

59 Procedural Fairness: Investigation of a complaint which could lead to the permanent exclusion, removal or withdrawal of the Pupil in any of the circumstances explained below shall be carried out in a fair and unbiased manner. All reasonable efforts will be made to notify the Parents or educational guardian(s) so that they can attend a meeting with the Head before a decision is taken in such a case. In the absence of a parent or aneducational guardian, the Pupil will be assisted by an adult (usually a teacher or parent-nominated guardian) ofhis/her or parent choice.

60 Divulging Information: Except as required by law, MCS and its staff shall not be required to divulge toParents or others any confidential information or the identities of pupils or others who have given information which has led to the complaint or which the Head has acquired during an investigation.

61 Drugs & Alcohol: A pupil may be given the opportunity to provide a urine sample under if involvement with drugs is suspected, or a sample of breath to test for alcohol consumed in breach of MCS discipline. A sample or test in these circumstances will not form part of the Pupil’s permanent medical record. MCS has a Drugs and Alcohol policy which is available to parents on request.

62 Terminology: In these Terms and Conditions ‘Suspension’ means that the Pupil has been sent or released homefor a limited period pending the outcome of an investigation or an Advisory Board Review. ‘Rustication’ means that the Pupil has been released home or to an educational guardian for a specified period of time as a punishment. ‘Withdrawal’ means that the Parents have withdrawn the Pupil from MCS. ‘Permanentexclusion’ and ‘Removal’ mean that the Pupil has been required to leave (‘asked to leave’) MCS permanentlyin the circumstances described below. ‘Released home’ means that the Head has consented to the Pupil being away from MCS for a specified period of time. ‘Exclusion’ means that the Pupil may not return to MCS untilarrears of Fees have been paid. ‘Exclusion’ may also be used as a general expression covering any or all of theother expressions defined in this clause. ‘Gating’ means that a Pupil is confined to their accommodation when they would otherwise be at liberty to take part in sports or other co-curricular activities or to visit other pupils elsewhere on MCS premises.

63 Sanctions: MCS’s current policies on sanctions are available to Parents on request before they accept the offer of a place. These policies may undergo reasonable change from time to time but will never authorise any form ofunlawful activity. Sanctions may include a requirement to undertake menial but not degrading tasks on behalf ofMCS or external community, detention for a reasonable period, withdrawal of privileges, gating, rustication, or alternatively being removed or excluded permanently.

64 Permanent Exclusion: A pupil may be formally excluded permanently from MCS if it is proved on the balance of probabilities that the Pupil has committed a very grave breach of MCS discipline or a seriouscriminal offence. Permanent exclusion is reserved for the most serious breaches. The Head shall act with procedural fairness in all such cases. The Head’s decision shall be subject to an Advisory Board Review if requested by a Parent. Parents will be given a copy of the Review procedure current at the time. The Pupil shall remain away from MCS pending the outcome of the Review (see ‘Advisory Board Review’ below).

65 Fees after Permanent Exclusion: If the Pupil is excluded permanently, there will be no refund of the Acceptance Deposit or of Fees for the current or past terms, but the unspent balance of any lump sum prepayment will be refunded without interest. There will be no charge of fees in lieu of notice but all arrears of Fees and any other sum due to MCS will be payable.

66 Removal in other Circumstances: Parents may be required, during or at the end of a term, to remove the Pupil, temporarily or permanently from MCS if, after consultation with a pupil and/or parent, the Head is of the opinion that by reason of the Pupil’s conduct or progress, the Pupil is unwilling or unable to benefit sufficiently from the educational opportunities offered by MCS, or if a parent has treated MCS or members of its staffunreasonably. In these circumstances, Parents may be permitted to withdraw the Pupil as an alternative toremoval being required. The Head shall act with procedural fairness in all such cases and shall have regard to the interests of the Pupil and Parents as well as those of MCS (see ‘Advisory Board Review’ below).

67 Fees Following Removal: If the Pupil is removed or withdrawn in the circumstances described above, the rulesrelating to Fees and the Acceptance Deposit shall be the same as for Permanent Exclusion save that the Acceptance Deposit will be refunded in full without interest.

68 Leaving Status: The expression ‘leaving status’ has reference to whether the Pupil has been excluded permanently, removed or withdrawn, and to the record which will be entered in to the Pupil’s file as to the reason for leaving, and the Pupil’s status as a leaver, and the transfer of the Pupil’s work to another educationalestablishment and to the nature of the reference which will be given in respect of the Pupil, and also to thefinancial aspects of the Pupil’s leaving. These and any other relevant matters of leaving status will be discussed by the Head with the Parents and, where appropriate with the Pupil, at the time of the Head’s decision.

69 Advisory Board Review: Parents may ask for an Advisory Board Review of a decision to exclude permanentlyor require the removal of a pupil from MCS (but not a decision to rusticate a pupil unless the rustication is for 11school days or more or would prevent the Pupil taking a public examination). The request must be made assoon as possible and in any event within seven days of the decision being notified to the Parents. Parentswill be entitled to know the names of the Advisory Board Members who make up the Review Panel and mayask for the appointment of an independent panel member nominated by the MCS and approved by the parent (approval not to be unreasonably withheld).

70 Review Procedure: The Head will advise the Parents of the procedure (current at that time) under which such aReview will be conducted by a panel of up to three Advisory Board Members (including an independentmember if requested). If Parents request an Advisory Board Review, the Pupil will be suspended from MCS until the decision to exclude permanently or remove has been set aside or upheld. While suspended, the Pupil shall remain away from MCS and will have no right to enter MCS premises during that time without writtenpermission from the Head. An Advisory Board Review will be conducted under fair procedures in accordancewith the requirements of natural justice.

71 Complaints Procedures: A formal complaint about any matter of MCS policy or administration not involvinga decision to exclude permanently or remove a pupil must be stated courteously in writing to the Head and, if unresolved, should be restated in writing to the Chair of the Advisory Board. A copy of the MCS’s complaintsprocedure is available on request. Every reasonable complaint shall receive fair and proper consideration and a timely response.

H Provisions About Notice

- see also section F ‘Moving up through MCS’ and section G.

72 Notice to be given by Parents means (unless the contrary is stated in these terms and conditions) a term’swritten notice addressed to and received by the Head personally or signed for by a member of MCS staff acting on the Head’s authority. It is expected that parents will consult with the Head before giving notice to withdraw a pupil.

73 Provisional notice is valid only for the term in which it is given and only when written and accepted in writing by the Head personally or the Head’s deputy duly authorised for this purpose. Parents must confirm or withdraw in writing the provisional notice given at least 30 days before the end of the term in which the noticehas been served.

74 Fees in lieu of notice means Fees in full for the term of notice at the rate that would have applied had the Pupil attended and not limited to the parental contribution in the case of a scholarship, exhibition, bursary or other award or concession.

75 ‘A term's notice’ to be given by Parents means notice given before the first day of a term and expiring at the end of that term. A term’s notice must be given in writing if the Parents wish to cancel a place which they have accepted, or if Parents wish to withdraw a pupil who has entered MCS; or if, following the IGCSE year thePupil will not return for the following year even if he/she has achieved the required grades; or the Pupilwishes to discontinue extra tuition.

76 Cancelling Acceptance: The cancellation of a place which has been accepted can cause long-term loss to MCS if it occurs after other families have taken their decisions about schooling for their children. A genuine pre-estimate of loss is fees for between one and five years. Nonetheless, MCS agrees to limit the parent’s liability to a full term’s fees payable as a debt if less than a term’s notice of cancellation has been given, or to the fullamount of the Acceptance Deposit if more than a term’s notice has been given. MCS accepts fees for the three terms, so fees payable in such instances will be calculated on a pro-rata basis. Cases of serious illness orgenuine hardship may receive special consideration on written request.

77 Withdrawal by Parents: If a pupil is withdrawn on less than a term’s notice, or excluded for more than 28days for non-payment of Fees, Fees in lieu of notice will be immediately due and payable as a debt at the rate applicable to the term in question unless the place is filled immediately and without loss to MCS. Thecharge of a term’s Fees represents a genuine pre-estimate of the MCS’s loss in these circumstances, and sometimes the actual loss to MCS will be much greater. This rule is necessary to promote stability and the MCS’s ability to plan its staffing and other resources.

78 Prior Consultation: It is expected that a parent or duly authorised educational guardian will in every caseconsult with the Head or with the Head’s authorised Deputy before notice of withdrawal is given.

79 Withdrawal by Pupil: The Pupil’s decision to withdraw from MCS shall, for these purposes, be treated as a withdrawal by the Parents.

80 Discontinuing Extras: A term’s written notice is required to discontinue extra tuition or a term’s Fees for theextra tuition will be immediately payable in lieu as a debt.

81 Termination by MCS: MCS may terminate this agreement on one term’s written notice sent by recorded delivery post or on less than one term’s notice in a case involving permanent exclusion or removal. MCS would not terminate the contract without good cause and full consultation with Parents and also the Pupil (if of sufficient maturity and understanding) and would offer the Parents an Advisory Board Review of a decision toterminate. The Acceptance Deposit would be refunded without interest less any outstanding balance of the account.

I Fees

82 Meaning: ‘Fee’ and ‘Fees’ where used in these Terms and Conditions include each of the following chargeswhere applicable: Application Fee; Acceptance Deposit; Tuition & Boarding Fees; Fees for extra tuition; other extras such as House charges, clothing and equipment, photographs and other items ordered by the parent or the Pupil and charges arising in respect of educational visits, and damage where a pupil alone or withothers has caused willful loss or damage to MCS property or the property of any other person (fair wear and tear excluded) and late payment charges if incurred.

83 Payment: The Parents undertake to pay the Fees applicable in each MCS year. Fees are due and payable before the commencement of the MCS term or academic year to which they relate. If one or more items on the bill are under query, the balance of the bill must be paid.

84 Refund/Waiver: Fees will not be refunded or waived for absence through sickness; or if a term is shortened or avacation extended; or if the Pupil is released home after public examinations or otherwise before the normal end of term; or for any cause other than exceptionally and at the sole discretion of the Head in consultation with the Advisory Board in a case of genuine hardship or where there is a legal liability under a court order or underthe provisions of this contract to make a refund. This rule is necessary so that MCS can properly budget for its own expenditure and to ensure that the cost of individual default does not fall on other Parents. Separate rules (set out in Section G above) apply when a pupil is excluded permanently or removed, i.e. asked to leave.

85 Exclusion for Non-Payment: The right is reserved on three days’ written notice to exclude the Pupil whileFees are unpaid. Exclusion on these grounds is not a disciplinary matter and the right to an Advisory Board Review will not normally arise but the Chair of the Advisory Board has discretion if thought fit to authorise a review of the documentary evidence with or without a formal meeting with the Parents. MCS may alsowithhold any information, character references, certificates or property while Fees are unpaid but will not do so in a way that would cause direct, identifiable and unfair prejudice to the legitimate rights and interests of the Pupil. A pupil who has been excluded at any time when fees are unpaid will be deemed withdrawnwithout notice 28 days after exclusion. (Then a term’s Fees in lieu of notice will be payable in accordancewith the Provisions about Notice in Section H.)

86 Late Payment: Charges will be made for bills paid late. The charge will be 0.5% on the outstanding balance two weeks after the due date and a further 1.5% on the outstanding balance one month after the due date. Charges of 1.5% on the outstanding balance will be made for all subsequent months that the debt remainsunpaid. Bills will be sent to parents each time a late payment charge is due. Payments delivered at anytime after the first day of term will not be considered paid until the funds have reached MCS’s accounts.

87 Part Payment: Any sum tendered that is less than the sum due and owing may be accepted by MCS on accountonly. Late payment charges will be applied to any unpaid balance of Fees.

88 Appropriation: The Parents agree that a payment made in respect of one child may be appropriated by MCS to the unpaid account of any other child of those Parents.

89 Payment of Fees by a Third Party: An agreement with a third party (such as a grandparent) to pay the Fees orany other sum due to MCS does not release the Parents from liability if the third-party defaults and does not affect the operation of any other of these terms and conditions unless an express release has been given inwriting, signed by MCS. MCS reserves the right to refuse a payment from a third party.

90 Instalment Arrangements: An agreement by MCS to accept payment of current and/or past Fees by instalments is concessionary and will cease automatically in the event of any default for 30 days or more. On ceasing, the full amount of Fees then due shall be payable forthwith as a debt and interest will start to accrue at the rate for Late Payment (see above).

91 Composition Schemes under which a lump sum prepayment for between one and five years is made by or on behalf of the Parents will be the subject of a separate contract which will provide, among other conditions, for a refund of the unused part of the prepayment in the event of the Pupil leaving earlier than expected. Fees in lieuof notice (where applicable) and any other sum due and owing to MCS at that time will be deducted from the sum to be refunded.

92 Scholarships & Bursaries: Every scholarship, exhibition, bursary or other award or concession is a privilege and is subject to high standards of attendance, diligence and behaviour on the Pupil’s part and to the Parentstreating MCS and our staff reasonably. The terms on which such awards are offered and accepted will benotified to Parents at the time of offer. The value of a scholarship shall be deducted from Fees before anybursary or other concession is calculated or assessed. Scholarships will be reviewed annually and continued subject to the expected standards previously mentioned being upheld.

93 Fee Increases: Fees are reviewed annually and are subject to increase from time to time. If less than a term’s notice is given of a fee increase greater than 8%, notice of withdrawal given within 21 days after notice of theincrease was received will not incur a term’s Fees in lieu of notice and the Acceptance Deposit will be refunded without interest.

94 Money Laundering: Legislation requires MCS, in some circumstances, to obtain satisfactory evidence (such as sight of a passport) of the identity of a person who is paying Fees.

J Events beyond the control of the Parties

95 Force Majeure: An event beyond the reasonable control of the parties to this agreement is referred to below asa ‘Force Majeure Event’ and shall include such events as an act of God, fire, flood, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic of disease, failure of utilityservice or transportation.

96 Notification: If either party to the Agreement is prevented from or delayed in carrying out its obligations under this Agreement by a Force Majeure Event, that party shall immediately notify the other in writing and shall be excused from performing those obligations while the Force Majeure Event continues.

97 Continued Force Majeure: If a Force Majeure Event continues for a period greater than 90 days, the party whohas provided notification under clause 96 above shall notify the other of the steps to be taken to ensureperformance of this Agreement.

K General Contractual Matters

98 Management: It is our intention that these Terms and Conditions will always be operated so as to achieve a balance of fairness between the rights and needs of parents and pupils, and those of the MCS community as a whole. We aim to ensure that MCS, its culture, ethos and resources are properly managed so that MCS, its services and facilities can develop. We aim also to promote good order and discipline throughout the MCScommunity and to ensure compliance with the law.

99 Legal Contract: The offer of a place and its acceptance by the Parents give rise to a legally binding contractunder the terms of these Terms & Conditions.

100 Change: MCS, as any other educational institution, is likely to undergo a number of changes during the time your child is here. For example, there may be changes in the staff, and in the premises, facilities and their use, in the curriculum and the size and composition of classes, and in the MCS School Rules, the disciplinaryframework, and the length of the MCS terms. Fee levels will be reviewed each year.

101 Consultation: It is not practicable to consult with parents and pupils over every change that may take place. Whenever practicable, however, parents will be consulted and given at least a term’s notice of a change of policy or a change in any physical aspect of MCS which would have a significant effect on their child’s education or pastoral care. For example, notice would be given of a proposal to close a boarding house orremove a subject from the curriculum.

102 Representations: Our prospectus and website describe the broad principles on which MCS is presently run andgive an indication of our history and ethos. Although believed correct at the time of publication, the prospectus and website are not part of any agreement between the Parents and MCS. Representations are made in good faith. Parents wishing to place specific reliance on a matter contained in the prospectus, website or a statement madeby a member of staff or a pupil during the course of a conducted tour of MCS or a related meeting should seekwritten confirmation of that matter before entering this agreement.

103 Consumer Protection: Care has been taken to use plain language in these Terms & Conditions and to explainthe reason for any of the terms that may appear one-sided. If any word/s, alone or in combination, infringe theUnfair Terms in Consumer Contracts Regulations 1999 (UK) or any other provision of law, they shall be treated as severable and shall be replaced with words which give as near to the original meaning as may be fair.

104 Third Party Rights: Only MCS and the Parents are parties to this contract. The Pupil is not a party to it. The acts and omissions of Parents are binding on the Pupil and vice versa as to any matter of behaviour, disciplineand Fees. All requests and authorities by the Parents are treated as being made on behalf of the Pupil and viceversa.

105 Interpretation: These Terms & Conditions supersede those previously in force and will be construed as awhole. Headings, unless required to make sense of the immediate context, are for ease of reading only andare not otherwise part of the Terms & Conditions. Examples given in these Terms & Conditions are byway of illustration only and are not exhaustive.

106 Jurisdiction: This contract is subject to Swiss laws and jurisdiction in Leysin, the Canton de Vaud, Switzerland. MCS is governed exclusively by the law of Vaud, Switzerland.

FEYDEY International S.A. the owner of Malvern College Switzerland (MCS) which is operated under licensefrom Malvern College International Ltd.

Registered in Switzerland No: CHE – 278.360.520 Last updated: Thursday 21 July 2022