Terms and Conditions
1. Interpretation
1.1 The definitions and rules of interpretation in this Condition 1 apply to these terms and conditions (“Conditions”):
Agreement: Refers to both the Contract and these Conditions.
Institute: Refers to the Data Science Institute, located at Waterfront Square, 1 Horgan's Quay, Cork, T23 PPT8.
Contract: The Institute’s offer to provide Services to the Student, and the Student’s acceptance of that offer under Condition 2.2.
Document: Any recorded form of information (e.g., text, images, audio, disk, etc.).
Force Majeure Event: Has the meaning given in Condition 9.
Intellectual Property Rights: All intellectual property rights (whether registered or unregistered), including but not limited to copyrights, trademarks, design rights, trade dress, database rights, know-how, and any similar or equivalent forms of protection.
Offer Letter: The Institute’s letter of offer and/or Offer/Acceptance form and/or re-registration form and/or enrolment form (whichever applies).
Programme: Any degree, diploma, short course, or other educational service provided by the Institute, as outlined in the Offer Letter.
Services: The services to be provided to the Student by the Institute as specified in the Offer Letter.
Student: Any individual who engages the Institute to receive the Services.
2. Formation of Contract
2.1 These Conditions apply to and are incorporated into the Contract. Together, they form the entire agreement between the parties concerning the provision of the Services.
2.2 The Offer Letter constitutes an agreement by the Institute to supply the Services specified therein under these Conditions. These Conditions apply for the duration of the relevant Programme. A binding contract arises when:
2.2.1 The Student signs the Offer Letter, re-registration form, or enrolment form (if applicable), or
2.2.2 The Student begins or continues study, or
2.2.3 The Student pays part or all of the tuition fees to the Institute.
2.3 Any representations made by the Institute (or its employees or agents) do not form part of the Agreement, and the Student confirms not having relied on such representations when entering this Agreement.
2.4 In the event of any inconsistency between these Conditions and the Offer Letter, the Offer Letter shall prevail.
2.5 Allocation of places on any Programme is subject to eligibility, availability, and student numbers, at the sole discretion of the Institute.
3. The Institute’s Obligations
3.1 The Institute shall comply with all applicable statutory and regulatory requirements in providing the Services.
3.2 The Institute shall comply with all relevant obligations under current data protection legislation and with its published privacy policy (available at www.datacienceinstitute.net, as updated from time to time).
4. The Student’s Obligations
4.1 The Student agrees to comply with all regulations, codes of conduct, and policies applicable to the Programme.
4.2 The Student shall complete and submit any required application, enrolment, or re-registration forms as requested by the Institute.
4.3 The Student warrants that all information provided in connection with enrolment (including any forms and other Documents) is accurate and complete.
4.4 The Student shall conduct themselves at all times with respect toward the Institute, its staff, other students, and property, in accordance with relevant codes of conduct.
4.5 Breaches of the Institute’s regulations or codes of conduct may lead to sanctions including suspension, expulsion, or termination of the Agreement without refund.
4.6 The Student agrees to notify the Institute promptly of any changes in personal circumstances to ensure that the Student’s records remain accurate.
5. Fees and Payment
5.1 In consideration of the Services provided by the Institute, the Student shall pay the fees set out in the Offer Letter by the specified due date(s). The Institute may also charge additional fees (for example, exam fees or course materials) during the Programme, of which it will give prior notice.
5.2 All fees become due on the dates specified in the Offer Letter or otherwise communicated by the Institute.
5.3 Where a Programme extends beyond one academic year (or is repeated), fees are due prior to each new academic year.
5.4 The Institute reserves the right to review and change fees each academic year.
5.5 If payment is made by cheque and the cheque is dishonoured, the Institute may charge an administrative fee to cover its costs.
5.6 If the Student fails to pay any sum due by the specified date, the Institute may charge interest on the overdue amount at a rate of 7% per annum above the applicable central bank rate, accruing daily from the due date until paid in full.
5.7 Subject to any specific arrangements outlined in the Offer Letter or elsewhere, fees are non-refundable once the Programme has commenced, except as provided in these Conditions.
6. Cancellation and Deferral
6.1 Cancellation Prior to Programme Start
The Student may cancel their enrolment by providing the Institute with written notice no later than two weeks before the Programme start date. In this case, the Student is liable for a cancellation fee ( €100), which may be deducted from any refund. If fewer than two weeks’ notice is given, full fees become due, and no refund will be provided. No refund is offered for any study materials already provided.
6.2 Deferral
The Student may request deferral of enrolment for up to one academic year by providing written notice at least two weeks before the Programme start date and paying a deferral fee (€50). Any fees or deposits already paid will not be refunded but carried forward to the following academic year. If the Institute’s fee schedule changes before the deferred start date, the Student must pay the difference.
6.3 If a deferred Programme is discontinued by the Institute, liability to the Student is limited to a refund of any fees paid (less the deferral fee).
6.4 Distance or Online Formation of Contract (14-Day Cancellation)
If this Agreement was formed online or by another remote method, the Student has the right to cancel within fourteen (14) calendar days from the day following the date the Institute first received the Offer/Acceptance Form or any fee payment. Any refund will be reduced by the reasonable cost of Services already provided. If the Student has received books or materials, these must be returned at the Student’s expense, or their cost may be deducted from the refund.
To exercise this right, the Student must notify the Institute in writing, for example via email at:
finance@datacienceinstitute.net
7. Liability
7.1 Subject to Conditions 7.2 and 7.3, the Institute shall not be liable for any consequential, special, incidental, or punitive damages (including but not limited to loss of income, business, or data) arising from breach of contract, negligence, or otherwise, even if advised of such possibilities.
7.2 The total liability of the Institute for any claim relating to a specific Programme is limited to the fees paid by the Student for that Programme.
7.3 Nothing in these Conditions excludes or limits liability for death or personal injury caused by negligence, or any other liability that cannot be excluded or limited by law.
8. Force Majeure
8.1 The Institute shall not be liable for any delay or failure to perform obligations under these Conditions caused by events beyond its reasonable control (“Force Majeure Event”).
8.2 A Force Majeure Event may include (without limitation) strikes, lockouts, riots, terrorist attacks, war, natural disasters (e.g., floods, earthquakes, epidemics), fire, explosion, and the unavailability of transportation or telecommunications systems.
8.3 The Institute’s obligations will be suspended for the duration of the Force Majeure Event. The Institute shall take reasonable steps to reduce the effect of the delay or failure if within its control.
9. Termination
9.1 The Institute may terminate the Agreement immediately if the Student fails to pay fees when due, fails to comply with relevant regulations or codes of conduct, or otherwise breaches the Agreement.
9.2 Upon termination, the Institute may refuse the Student further access to the Services. No refund is due unless explicitly provided in these Conditions.
9.3 Termination does not affect the Institute’s right to recover any unpaid fees or other sums owing.
10. Assignment
10.1 The Student may not assign or transfer any rights or obligations under the Agreement. The Institute may assign or transfer its rights or obligations to another entity if it does not materially affect the Student’s rights.
11. Notices
11.1 The Institute may give notice by email or postal mail to the address provided by the Student. Notice is deemed received 24 hours after sending an email or three (3) days after posting a letter.
12. General Provisions
12.1 Recordings
The Institute may record online lectures or other sessions (audio or video) for educational purposes. These recordings will be accessible only to students enrolled in the relevant module. Students are prohibited from making or distributing their own recordings without the Institute’s prior written consent.
12.2 Examinations and Assessment
The Institute may administer examinations and assessments in various formats, including online proctoring. Students must ensure they have the necessary technology (e.g., computer, stable internet connection). Any changes or updates to exam formats or dates will be communicated to students.
12.3 Programme Changes
While the Institute intends to deliver the Programme as advertised, it reserves the right to make necessary changes to modules, scheduling, and instructors.
12.4 Electives
Where a Programme includes elective modules, these will run subject to sufficient demand.
12.5 Discontinuation
If the Institute discontinues a Programme, its liability to the Student is limited to a refund of fees corresponding to the undelivered portion.
12.6 Severability
If any court of competent authority finds any provision of these Conditions invalid or unenforceable, that provision shall be severed to the extent required, and the remaining provisions shall remain in full force.
12.7 No Waiver
Failure or delay by the Institute to enforce any right or remedy under these Conditions does not constitute a waiver of that right or remedy. Any waiver must be explicitly stated in writing.
12.8 Governing Law and Jurisdiction
This Agreement and any dispute or claim arising from it are governed by the laws of the Republic of Ireland. Both parties submit to the exclusive jurisdiction of the courts of the Republic of Ireland.