Terms & Conditions

Introduction 

  1. This document governs the relationship between you and the New Art School and sets out the contract terms between us ("the Terms and Conditions").
  2. These Terms and Conditions apply following your acceptance of an offer of a place at the New Art School.
  3. In addition to this document, the following documents also form part of the Terms and Conditions and you agree to observe them:
    1. Your offer email;
    2. The Fees Policy; and
    3. The Programme Specification for your Programme (emailed to you).
  4. You also agree to observe the Student Regulations in accordance with these Terms and Conditions.

 

Offers and registration

  1. You can accept an offer of a place made by the New Art School by following the steps set out in your offer email.
  2. On acceptance of an offer and compliance with any conditions set out in the offer, you will be entitled to register with the New Art School for ten calendar months as set out in the offer (commencing on the agreed start date).
  3. Upon payment you will become a Student Member of the New Art School.

 

Cancellation

  1. You have the right to cancel these Terms and Conditions within 14 days after the day on which you accepted the offer of a place at the New Art School. You do not have to give us a reason for the cancellation.
  2. If you wish to cancel your participation once the course has commenced then a partial refund can be granted. At the time of severance, you will be charged the fees appropriate to that stage in the course’s cycle, plus a processing fee. The remainder will be paid back to you once we have processed your application.
  3. If all terms and conditions are met a payment will be made to you via Stripe, reimbursing you of any fees for the mentoring programme yet to be undertaken.

 

The Student Regulations

  1. You agree that you will observe the Student Regulations.
  2. The "Student Regulations" are the New Art School’s policies and procedures listing general good practice, sound ethical and health and safety practices, the Code of Practice on email etiquette. (emailed to your New Art School email account).
  3. The Student Regulations contain important information about the expectations that the New Art School has of you as a student and the relevant procedures and processes to be followed. These include the standards of behaviour expected, engagement with your studies, what happens if you are unwell and how your studies may be suspended.
  4. The Student Regulations are emailed to every student but can also be found on the New Art School website.
  5. The New Art School reserves the right to make reasonable changes to the Student Regulations. The reasons for such changes include but are not limited to ensuring that the Student Regulations are fit for purpose, to incorporate sector guidance or good practice and to incorporate student feedback. If you have any concerns about the rationale or effect of any change to the Student Regulations, please contact us.

 

Your Programme (sometimes also referred to as your Course)

  1. Following your registration, the New Art School will, subject to these Terms and Conditions, provide you with a place on the programme set out in your offer email ("the Programme").
  2. The New Art School will make reasonable efforts to deliver your Programme in accordance with the Programme Specification and as described in the relevant online information.
  3. The New Art School cannot guarantee that all tutors listed on the website will be available to all students who may wish for them to serve as their mentors.
  4. The New Art School will provide you with mentoring support associated with your Programme with reasonable care and skill, and shall further use reasonable endeavours to provide you with accurate and timely feedback on your work.
  5. The student will be required to upload their work on the 1stof every month by 12 midnight on that day.
  6. Tutors will usually reply to the student’s uploaded work within 15 working days on upload.
  7. If the student is late in uploading works then the New Art School reserves the right to amend its guarantee of tutor feedback provided within 15 working days. If this occurs then the tutor will have until the end of the calendar month to offer their feedback.

 

Fees

  1. The New Art School charges tuition fees for its programmes ("the Tuition Fees"). The amount of your Tuition Fee is set out on the website. Programmes vary in cost.
  2. If you do not pay the Tuition Fees the New Art School reserves the right to withhold your participation in the programme/s.
  3. The standard programmes do NOT include Skype tutorials with your mentor, or in person studio visits.
  4. Skype tutorials and in-person studio visits (within London or Glasgow) might be possible in some instances, but these are opportunities are an addition, and are not covered by the standard programme costs.
  5. The New Art School does NOT provide any materials for the production of art works or any IT equipment required to engage with your programme of study.
  6. The New Art School does NOT provide studio space for any of their enrolled candidates.

 

Our obligations to you

  1. The New Art School will use its reasonable efforts to provide you with appropriate access to your mentor and other resources, including:
    1. PDFs detailing Materials and Methods advice and Professional Practice information;
    2. A New Art School email account;
    3. Full access to the New Art School website
  2. The New Art School will have in place appropriate regulations and policies, including the Student Regulations, to govern your Programme and your time as a student of the New School of Art, which it will make available to you and operate fairly and reasonably.

 

Your obligations to the New Art School

  1. You understand that following registration you are a student member of the New Art School community and agree that as such you will behave respectfully to all other members of our community.
  2. You agree that you will familiarise yourself with and adhere to the Student Regulations and other regulations and policies that are brought to your attention.
  3. You agree that you will participate reasonably in New Art School procedures, including those contained within the Student Regulations.
  4. You are responsible for keeping your password secret and secure.
  5. You agree that you will be responsible for your learning and will pursue your studies conscientiously, making use of the resources and opportunities made available to you. You agree that you will upload the documentation of your work on time and read through the feedback provided by your mentor unless agreed otherwise with the New Art School because of extenuating circumstances.
  6. You will use your New Art School email account for all communications with the New Art School tutors and Directors. You understand that the New Art School will use your New Art School email account to formally communicate with you following registration (unless the New Art School agrees otherwise). As such it is the New Art School’s expectation that you will check your New Art School email account regularly and you agree to do so at least once a week.
  7. You will take reasonable care of the health and safety of yourself and others within the New Art School community and will co-operate with the New Art School in fulfilling its obligations regarding health and safety.
  8. You agree that you will keep the contact information provided to the New Art School Art up to date and inform the New Art School promptly of any changes to this.

 

Complaints

  1. Following registration, you may raise a complaint about your Programme or any other aspect of the New Art School’s service by emailing the Director/s.

 

Termination

  1. By you:You may withdraw from the New Art School and terminate your registration and these Terms and Conditions at any time.
    1. To withdraw from the New Art School before Registration you must give notice, in writing, to the Directors of the New Art School. Notice takes effect on receipt.
    2. To withdraw from the New Art School after Registration you must give notice, in writing to the Directors of the New Art School.
  2. By the New Art School:The New Art School may withdraw your offer or terminate your registration and these Terms and Conditions, and withdraw you from the New Art School if:
    1. You do not pay the Tuition Fees;
    2. You have failed to meet the conditions of the offer made to you;
    3. You have provided false, incomplete, inaccurate or misleading information in your application to the New Art School or at any other time;
    4. You do not complete your registration with the New Art School at the beginning of your Programme;
    5. A decision is made that you may not continue as a student of the New Art School in accordance with the procedures detailed in the Student Regulations;
    6. You are unable to fulfil any requirement of your Programme Specification, including uploading images of art works on a monthly basis;
    7. Your behaviour represents a serious risk to the health, safety or welfare of yourself or others; or
    8. You materially breach these Terms and Conditions and or the Student Regulations.
  3. You understand that the New Art School may monitor your participation in the programme/s.
  4. On termination of your registration the New Art School will reimburse the remaining proportion of the Tuition Fees not yet undertaken to you or the organisation or person who has made the payment.

 

Changes to these Terms and Conditions

  1. If you wish to request a change to these Terms and Conditions you must contact the New Art School as follows and, following discussion with you, it will confirm whether this change is possible:
    1. change to a different Programme;
    2. change your mentor;
    3. defer your first registration, contact the Directors of the New Art School;
    4. suspend your studies, contact the Directors of the New Art School.
  2. No changes requested by you will be binding on you or the New Art School unless they are agreed in writing by the New Art School.
  3. The New Art School will not discontinue your Programme following your registration on it, but it may make reasonable changes to your Programme (including a change of mentor), these Terms and Conditions or its other obligations to you either before or after you have registered with the New Art School. These changes will be communicated to you in writing as far in advance of any change as reasonably possible and the New Art School will take all reasonable steps to mitigate any negative impact on you as a result of these changes. Reasons for making changes include, but are not limited to:
    1. to make updates to reflect best practice and academic developments for the benefit of students;
    2. to improve the Programme and your experience of it;
    3. as a result of staff illness;
    4. as a result of staff changes within the New Art School; or
    5. changes to the law.
  4. If you do not agree to the New Art School making this change, you may raise a complaint with the Directors. You may also decide to withdraw from your Programme, in which case you must give notice in writing.

 

Suspension

  1. The New Art School may suspend your registration in accordance with the Student Regulations. Suspension by the New Art School will be:
    1. To enable an investigation to be carried out into allegations of misconduct, where the allegation is such that in the reasonable opinion of the New Art School, you cannot take part in the New Art School’s programme/s whilst the investigation is carried out;
    2. A sanction following the procedures set out in the Student Regulations; or
    3. Because in the reasonable opinion of the New Art School, it will be detrimental to the health, safety or welfare of you or others for you to continue participation in the New Art School’s programme/s.

 

Limits on the New Art School’s liability to you

  1. This clause sets out and limits the legal liability of the New Art School or its officers, employees or agents to you. The New Art School is responsible to you for foreseeable loss and damage caused by it failing to carry out its obligations under these Terms and Conditions to a reasonable standard or breaching any relevant duties that are owed to you by law, unless that loss is attributable to your own fault or the fault of a third party.
  2. The New Art School and its officers, employees and agents shall not be liable and expressly exclude liability to the fullest extent allowed by law for:
    1. Loss attributable to a breach of any procedural requirement detailed in these Terms and Conditions, the Student Regulations or any other policy, procedure or regulation, if such loss would have arisen had the procedural requirement been met;
    2. Death or personal injury that is not caused by the negligence of the New Art School or its officers, employees or agents;
    3. Changes to the law that require a change of these Terms and Conditions; and
    4. Indirect or consequential loss, loss of opportunity and loss of income or profit, however arising.
  3. Further, the New Art School will not be in breach of this agreement or liable to you for loss arising from delay in performing or failing to perform its obligations under this agreement if such delay or failure results from matters outside the New Art School’s control which could not have been foreseen or prevented even if the New Art School had taken reasonable care. Matters outside the New Art School’s control include but are not limited to staff illness, severe weather, natural disaster, epidemic or pandemic, fire, war, civil disorder or unrest, riot, terrorist attack or the threat of it, and restrictions imposed by the government or public authorities. In such circumstances the New Art School will use all reasonable endeavours to minimise any disruption but it reserves the right to cancel, delay or change part or all of your Programme and its obligations set out in these Terms and Conditions.

 

Data Protection

  1. The New Art School will collect, hold and process data relating to you ("personal data") in order to meet its obligations to you under these Terms and Conditions.
  2. The New Art School’s Data Protection Policy and Data Protection Guidelines set out guidance for New Art School staff, students and others who process personal data on behalf of the New Art School to ensure they understand their rights and responsibilities when processing any personal data (including where students are processing personal data as part of their studies).

 

Intellectual Property

  1. In these Terms and Conditions "Intellectual Property Rights" shall mean patents, rights to inventions, copyright and related rights, performers' property rights, trademarks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
  2. All Intellectual Property Rights developed by you during the course of your studies at the New Art School shall remain your property ("Student IP"), subject to the below exceptions, and/or unless otherwise agreed with you.

 

Other important terms

  1. These Terms and Conditions are personal to you and you may not transfer them or your rights under these them to anyone else.
  2. These Terms and Conditions are between you and the New Art School and no-one else has any rights under them.
  3. Each of the paragraphs of these Terms and Conditions operates separately. If part of these Terms and Conditions become void, illegal, invalid or otherwise unenforceable, the rest of the Terms and Conditions will continue in full force and effect.
  4. Failure or delay by you or the New Art School to enforce any breach by the other of these Terms and Conditions will not constitute a waiver of any provision and will not prevent you or the New Art School from taking steps to enforce that provision.
  5. Notices
  6. Any notice given under these Terms and Conditions will be in writing.
  7. The New Art School will send any notice to you either to your New Art School email address. You must keep your details up to date.
  8. You must send any notices by email to the New Art School Directors:
  9. In the event of inconsistencies between the Terms and Conditions and any other contract information provided to you, the Terms and Conditions shall prevail. In the event of inconsistencies between this document and other documents referred to in it, this document shall prevail.
  10. These Terms and Conditions are governed by the law of England and Wales and you and the New Art School agree that any legal proceedings regarding them or the services described in them shall be brought in the English courts.
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