Terms and Conditions

Terms and Conditions of Enrolment

1 Application and Definitions

1.1 These Terms and Conditions (“Terms”) form a binding agreement between the parents or guardians who sign a Contract of Enrolment (“Caregivers”, “you”, “your”) and Queen Margaret College Incorporated, a school trading as Queen Margaret College (“College”, “we”, “us”, “our”). By ticking the acceptance checkbox on the online application for admission and/or by signing the Contract of Enrolment, you agree to be bound by these Terms.

1.2 For the purposes of these Terms, unless the context otherwise requires:

1.2.1 Acceptance Fee means the acceptance fee set out in the Contract of Enrolment;

1.2.2 Academic Year means the four School Terms that make up the academic year for the College;

1.2.3 Board means the governing committee of the College;

1.2.4 Boarding House means either Queen Margaret House or Queen Margaret Residence (as applicable), each being a licensed hostel owned and administered by the College;

1.2.5 Boarding Terms means the Boarding Terms and Conditions entered into between the Caregivers and the College in respect of the Student’s residence at the Boarding House (if applicable);

1.2.6 Business Day means a day other than a Saturday, Sunday or public holiday in Wellington, New Zealand;

1.2.7 Contract of Enrolment means the signed application form for admission, the signed letter of offer, and if relevant, the signed Boarding Terms between the College and the Caregivers;

1.2.8 Registration Fee means the registration fee set out in the Contract of Enrolment;

1.2.9 School Term means each school term, as determined by the College for the Academic Year; and

1.2.10 Student means the student named in the Contract of Enrolment.

1.3 Where the Student resides at the Boarding House, the Boarding Terms also apply to and govern the Student’s residence at the Boarding House. In the event of any inconsistency between these Terms and the Boarding Terms in respect of the Student’s residence at the Boarding House, the Boarding Terms shall prevail to the extent of the inconsistency.

2 Payment of fees

2.1 You accept responsibility for the payment to the College of all fees and expenses as set out in the Contract of Enrolment which includes (without limitation) all tuition fees, boarding or accommodation fees (if applicable), the Registration Fee, the Acceptance Fee and any other fees, levies to third party associations (unless you explicitly opt out of such levies) and expenses required by the College. For the avoidance of doubt, the list of fees and expenses in this clause is not exhaustive and additional expenses may be charged to and payable by the Caregivers from time to time, for example for course related activities, extra-curricular programmes, and other items as required.

2.2 Tuition and boarding fees are fixed by the Board from time to time.

2.3 All fees and charges are payable by the Caregivers to the College by the 20th of the month following the invoice.

2.4 Where fees are paid by credit card, a surcharge of 3% (or such other rate as notified by the College from time to time) applies to cover the transaction fee charged to the College by the payment processor. The surcharge is not retained by the College.

2.5 Preschool fees are payable monthly in advance by direct debit.

2.6 No fee is refundable where the Student does not commence or does not complete a full School Term at the College and/or the Boarding House.

2.7 Irrespective of the Student’s time away from the College, for example if they are on leave, away due to sickness or for other reasons, full fees will be charged and will not be discounted for any reason.

3 Overdue debts

3.1 In the event that any fees or other charges are not paid by the relevant due date, or there is a lapse in an instalment regime resulting in a debt equivalent to two School Terms’ fees or more, the College reserves its rights to take all reasonable measures to collect the overdue debt, including but not limited to, engaging solicitors or debt collection agencies to commence debt recovery proceedings.

3.2 The Caregivers shall indemnify and keep the College indemnified against all reasonable costs and expenses incurred by the College in the collection of overdue debts (including but not limited to legal fees on a solicitor-client basis, court filing fees, debt collection agency fees and enforcement costs). All such costs shall be recoverable from the Caregivers as a debt due to the College.

3.3 The College reserves the right to charge interest on any amount that remains unpaid after the due date, at the rate of 1.5% per month (or such other rate as the Board may fix from time to time and notify to Caregivers), calculated on a daily basis from the due date until the date of actual payment in full.

3.4 The College will require the withdrawal of the Student concerned from the College and/or the Boarding House (as applicable) until all outstanding amounts (including accrued interest and reasonable costs) are recovered in full.

3.5 The rights of the College under this clause are cumulative and are without prejudice to any other rights or remedies available to the College at law or in equity.

3.6 The College may lodge a proof of debt or otherwise participate in any bankruptcy proceedings in respect of a Caregiver for all amounts owed to the College (including costs and interest). Nothing in this clause 3 limits or prejudices the College’s right to take any other steps it considers appropriate to protect or enforce its interests.

4 Registration and Acceptance Fees

4.1 A non-refundable Registration Fee, as fixed by the Board from time to time, is payable with your application form for admission for each Student. For the avoidance of doubt, the Registration Fee is a registration fee only and does not commit the College to accept the Student into the College.

4.2 A non-refundable Acceptance Fee, as fixed by the Board from time to time, is payable on your acceptance of the College’s offer of admission to the College to secure a place for that Student. If the Acceptance Fee is not paid, the College cannot guarantee the Student’s place at the College.

4.3 A non-refundable deposit of the boarding and accommodation fees (if applicable), as fixed by the Board from time to time, is payable on your acceptance of the College’s offer of a place at the Boarding House, to secure that place. If the boarding deposit is not paid, the College cannot guarantee the Student’s place at the Boarding House.

5 Enrolment conditions

5.1 Students in Years 5 to 13 are required to participate in the College’s Bring Your Own Device (BYOD) programme and must bring a device that meets the College’s specified BYOD criteria, as published on the College’s website from time to time.

5.2 The Caregivers agree to notify the College in writing as soon as possible of any changes in the health of the Student so that the College’s records can be updated.

5.3 The Caregivers consent to the Student receiving any emergency medical treatment in the event of an accident or illness should the Caregivers be unable to be contacted. The Caregivers agree to pay any medical costs not covered by ACC or a community services card, including any ambulance costs.

5.4 In agreeing to these Terms, you declare that you are not aware of any conditions which may affect the Student’s ability to study or to take full part in College activities.

5.5 If the College subsequently discovers any undisclosed information, it may withdraw any offer of a place at the College or exercise its rights under clause 6.3, including terminating the Student’s enrolment on 14 days’ written notice.

5.6 If an acceptance of a Student is dependent on Government funding for special needs and that funding is subsequently withdrawn, the College reserves the right to require the Caregivers to meet the shortfall of funding, or to terminate the Student’s enrolment at the College in accordance with clause 6.4.1.

5.7 The Caregivers shall indemnify and keep the College indemnified against all losses, claims, damages, costs and expenses (including legal costs on a solicitor-client basis) suffered or incurred by the College arising out of or in connection with any failure by the Caregivers to disclose information as required under clause 5.2 or 5.4.

6 Termination

6.1 Caregivers may request, by notice in writing to the College addressed to the Enrolments Registrar, the withdrawal of the Student from the College before the end of the Academic Year (Early Termination Notice). The College may, in its sole and absolute discretion, within 20 Business Days of receiving an Early Termination Notice, approve the requested early termination. If the College does not respond to an Early Termination Notice within 20 Business Days of receipt, the Early Termination Notice shall be deemed to have been rejected, and these Terms shall continue in full force and effect. The following minimum notice periods apply to Early Termination Notices:

6.1.1 If an Early Termination Notice is given during School Term 1 or School Term 2, a minimum of one full School Term’s notice applies. If approved by the College, withdrawal will take effect on the last day of the School Term immediately following the School Term in which the Early Termination Notice was given.

6.1.2 If an Early Termination Notice is given during School Term 3 or School Term 4, a minimum of two full School Terms’ notice applies. If approved by the College, withdrawal will take effect on the last day of the second School Term following the School Term in which the Early Termination Notice was given.

6.1.3 The Caregivers shall remain liable for payment of all fees up to and including the last day of the applicable notice period as specified above. To the extent such fees have not been paid, the Caregivers shall pay all amounts owing to the College within 14 days of the College’s written approval of the Early Termination Notice.

6.1.4 Where the Student resides at the Boarding House, withdrawal from the Boarding House is governed by the Boarding Terms.

6.1.5 If the Caregivers have pre-paid fees for any periods beyond the applicable notice period above, the College shall reimburse those amounts to the Caregivers.

6.2 Notwithstanding clause 6.1, where the Student is enrolled in the Preschool, not less than four weeks' prior written notice of withdrawal is required.

6.3 If the Caregivers provide false or misleading information to the College, or fail to disclose all relevant information about the Student to the College, before or during the Student’s enrolment at the College, the College may terminate the Student’s enrolment on 14 days’ written notice to the Caregivers.

6.4 In addition to clauses 6.3 and 6.5, the College may terminate the Student’s enrolment by giving the Caregivers not less than 20 days’ written notice (or, in the case of clause 6.3.2, no less than 30 days’ written notice) if:

6.4.1 the Student or the Caregivers are in breach of any provision of these Terms or the Contract of Enrolment and that breach has not been remedied within 5 days of written notice of such breach being given by the College to the Caregivers; or

6.4.2 during the Student’s enrolment at the College, the Student’s behaviours or needs change such that the College can no longer provide appropriate education, care or support to ensure the Student’s safety and wellbeing at the College.

6.5 The College may terminate the Student’s enrolment, the Contract of Enrolment and these Terms with immediate effect if:

6.5.1 the Student is suspended, expelled, or excluded from the College in accordance with the College’s disciplinary procedures;

6.5.2 the Student materially breaches the rules or policies of the College and the breach is of a nature that warrants immediate removal; or

6.5.3 a bankruptcy notice is served on a Caregiver under the Insolvency Act 2006 and that Caregiver fails to comply with that notice within the time required by that Act; or

6.5.4 the College’s authority or ability to operate is suspended, revoked or otherwise curtailed by any regulatory or governmental body.

6.6 Where the Student’s enrolment is terminated under this clause 6:

6.6.1 except for termination under clause 6.1 (in which case the process set out in clause 6.1 applies), the Caregivers shall remain liable for all fees up to and including the last day of the School Term in which termination occurs, unless the College agrees otherwise in writing in its sole discretion. To the extent such fees have not been paid, the Caregivers shall pay all amounts owing to the College within 14 days of receipt of the notice of termination. If the Caregivers have pre-paid fees for subsequent School Terms, the College shall reimburse those amounts to the Caregivers;

6.6.2 termination does not affect any rights or obligations accrued prior to the date of termination; and

6.6.3 any provisions of these Terms intended by their nature to survive termination shall remain in effect.

7 Attendance

7.1 The College requires punctual and regular attendance from all Students.

7.2 The College is to be notified by the Caregivers of the absence of any Student by 9.00am on the day via the College’s answer-phone or such other communication method as notified by the College from time to time. Lateness or absence must be explained in writing on the day of the Student’s return.

7.3 Prior approval for leave of the Student from College during School Term time must be sought in writing from the Principal. Such approval may be granted at the College’s sole discretion. No remission, cancellation, waiver, discount or refund of fees shall be made in respect of any period during which the Student is absent from the College during a School Term in which the Student is enrolled at the College.

8 Standard of conduct

8.1 The Student is subject to the rules and disciplines of the College as made available to the Student from time to time.

8.2 The College reserves the right to stand down, suspend, request the withdrawal of or expel the Student from the College for any act or omission that is in breach of the rules or policies of the College, or for any act or omission which, in the reasonable opinion of the College, justifies such action.

9 Limitation of liability

9.1 To the fullest extent permitted by law, the College excludes any liability in respect of:

9.1.1 any personal injury suffered by the Student while in the care of the College, except to the extent directly caused by the wilful misconduct of the College or its staff;

9.1.2 loss or damage to the Student’s personal property while on College premises or in the care of the College, except to the extent directly caused by the wilful misconduct of the College or its staff. The College recommends that Caregivers ensure the Student’s personal property is covered by appropriate insurance; and

9.1.3 any indirect, special or consequential loss or damage, loss of anticipated savings, loss of opportunity, or loss of data, howsoever arising under or in connection with these Terms, the Contract of Enrolment, or the enrolment of the Student at the College.

9.2 To the fullest extent permitted by law, the College’s total aggregate liability to the Caregivers and the Student under or in connection with these Terms, the Contract of Enrolment or the enrolment of the Student at the College, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount of fees paid by the Caregivers to the College in the 12-month period immediately preceding the date on which the claim arose.

9.3 Nothing in this clause 9 excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable law that cannot lawfully be excluded or limited. To the extent that any such law applies, the College’s liability is limited, to the extent permitted by that law, to resupply of the relevant services or payment of the cost of resupply.

9.4 The Caregivers shall indemnify and hold harmless the College from and against any and all losses, liabilities, claims, demands, damages, proceedings and expenses whatsoever (including legal costs on a solicitor-client basis), as incurred, suffered or sustained by the College arising directly or indirectly out of:

9.4.1 any breach of the Caregivers’ obligations under these Terms or the Contract of Enrolment;

9.4.2 the Student’s failure to comply with the rules, policies or codes of conduct of the College; or

9.4.3 damage caused to the College’s property or premises, or the property of any third party, by the Student.

9.5 In no circumstances, other than for fraud or wilful misconduct, shall the Caregivers be liable for any indirect or consequential loss suffered by the College in connection with these Terms or the Contract of Enrolment.

10 Religious tuition and observance

10.1 You acknowledge that the Student’s attendance at religious tuition and observance is a condition of the Student’s enrolment at the College.

11 Fees protection insurance

11.1 A compulsory fees protection scheme is in place for domestic students from Year 1 to Year 13 and a charge is levied on fees. This provides for the continuation of tuition in the event of death, terminal illness or permanent disability of either Caregiver where they are both signatories to the Contract of Enrolment. Cover is extended to age 65 of the Caregivers. For the avoidance of doubt, this fees protection scheme does not apply to international students.

11.2 Where fees are paid by parties other than the Caregivers, the College must be notified in writing at the time of the Student’s acceptance of a place in the College. Failure to notify the College may affect the Caregivers’ entitlement to the benefit of the fees protection scheme.

12 Privacy

12.1 The College collects, holds, uses and discloses personal information about students and Caregivers in accordance with the Privacy Act 2020 and the College’s Privacy Policy.

12.2 The College’s Privacy Policy is incorporated into these Terms by reference and sets out the types of personal information collected, the purposes for collection and use, who the information may be shared with, and how individuals may access or request correction of their information.

12.3 If you choose not to provide personal information requested by the College, the College may be unable to enrol or continue to enrol the Student.

12.4 The Caregivers must notify the College as soon as reasonably practicable of any changes to the information provided in the Contract of Enrolment, including changes to contact details, health information, or any custodial or guardianship arrangements. Notifications should be made via the College’s online student details form or by emailing enrolments@qmc.school.nz.

13 Dispute Resolution

13.1 In the event of any dispute, claim or difference arising out of or in connection with these Terms, including any question regarding their existence, formation, validity, interpretation, breach or termination (Dispute), the party asserting the Dispute must notify the other party in writing, specifying reasonable details of the nature and basis of the Dispute (Dispute Notice).

13.2 No party may commence court or other formal proceedings in relation to a Dispute unless that party has first complied with the procedures set out in this clause 13, except where a party is seeking urgent interlocutory relief.

13.3 Upon receipt of a Dispute Notice, the parties will attempt in good faith to resolve the Dispute through direct negotiation within 14 days (or such longer period as the parties agree in writing) of the date of the Dispute Notice.

13.4 If the Dispute is not resolved through negotiation within the period specified in clause 13.3, either party may refer the Dispute to mediation to be conducted in accordance with the Mediation Protocol of the Arbitrators’ and Mediators’ Institute of New Zealand Inc (AMINZ), or such other mediation process as the parties agree in writing. Failing agreement on a mediator within 7 days of referral, the mediator will be appointed by the President of AMINZ (or any successor body). The parties shall share the costs of mediation equally unless otherwise agreed.

13.5 If the Dispute is not resolved by mediation within 60 days of referral to mediation (or such longer period as the parties agree), either party may commence proceedings in the courts of New Zealand, which shall have exclusive jurisdiction to determine the Dispute.

13.6 Nothing in this clause 13 prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction without first complying with the procedures in this clause 13.

14 General

14.1 By ticking the acceptance checkbox on the online application for admission and/ or signing the contract of enrolment, you confirm that you have read and agree to be bound by these Terms. The College may amend these Terms from time to time. Where an amendment is administrative or minor in nature (including corrections of typographical errors, updates to contact details or links, or changes required by law), the College may make such amendments without prior notice to Caregivers, and those amendments will take effect immediately upon publication on the College’s website. Any other amendments will be notified to Caregivers by email and published on the College’s website and will take effect 20 Business Days after such notification (or on such other date as specified in the notice of amendment). Continued enrolment of the Student at the College after the revised Terms take effect constitutes the Caregivers’ agreement to be bound by the revised Terms.

14.2 These Terms, together with the Contract of Enrolment, the Boarding Terms (if applicable), our Privacy Policy and any other documents expressly referred to herein, constitute the entire agreement between the Caregivers and the College in respect of the enrolment of the Student at the College, to the exclusion of all other agreements, arrangements, understandings, representations or conduct relating to the same subject matter.

14.3 If any provision of these Terms is or becomes invalid or unenforceable, that provision will be deemed deleted from the terms. The invalidity or unenforceability of that provision will not affect any other provisions of the Terms, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.

14.4 Any delay or failure to enforce our rights under these Terms does not mean we have waived those rights.

14.5 Where there is more than one Caregiver, each Caregiver’s obligations under these Terms is joint and several.

14.6 These Terms will be governed by and construed in accordance with the laws of New Zealand. Each party submits to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of or in connection with these Terms.

14.7 Any notice or communication required or permitted under these Terms must be in writing and may be delivered by email to the address notified by the relevant party from time to time. Notices sent by email will be deemed received when sent, unless the sender receives a delivery failure notification. The College will use the email address provided in the Contract of Enrolment unless the Caregivers notify the College of a different address in writing.