Contract Terms & Conditions

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The Capitol Academy's terms and conditions are reproduced below. Additional copies are available on request from Student Department, Avenue Ariana Wouroud. Building Ksour, Ste A3, Ennasr 2, 2037 Ariana, Tunisia, telephone +1 (202) 304-1062. They govern the contract between Capitol Academy and its students. It is important that you read and understand the terms and conditions because any offer of a place to study at Capitol Academy is made subject to your acceptance of them.
1 Definitions
In these terms and conditions, the following terminology shall have the following meanings. 
Collaborating organizations means an institution or organizations with which Capitol Academy has an agreement in relation to the provision of Programs and/or the conferment of awards, degrees or diplomas.
Enrollment means the process by which a Prospective Student or Student formally registers their participation or continued participation in a Program at Capitol Academy and provides information required by Capitol Academy. Completion of the enrollment process is required for Capitol Academy to grant access to the Program and related Services (for example library, IT services, course materials, tuition etc).
Fees means tuition fees and, where relevant, additional fees or costs required for Program or Services such as module re-registration, examinations and residential visits.
Program means a program or course of study at Capitol Academy.
Prospective student means a person who has accepted a place at Capitol Academy, conditionally or unconditionally, and who has not yet enrolled for his/her course at Capitol Academy.
Brochures means the current Capitol Academy brochures (including online and printed versions) giving details of Programs for the following Program.
Regulations means Capitol Academy's Instrument and Articles of Government, regulations, rules, codes, policies, procedures and other instructions and administrative arrangements as are in force and as amended from time to time, including relevant decisions of the Board and the Academic Board and related committees.
Services means such educational services and facilities which at its sole discretion are provided by Capitol Academy for students (including but not limited to the provision of library and IT services, participation in laboratories and field trips as part of the course and provision of student support and guidance).
Student(s) means those students who are pursuing a Program as an enrolled student of Capitol Academy.
Terms and conditions means the terms and conditions contained in this document and in the Regulations.
Tuition fees mean the fees charged by Capitol Academy specifically for the provision of Programs to Students.
Capitol Academy means Capitol Academy SARL.
2 Contract formation
A contract on the terms and conditions is formed between you and Capitol Academy at the point when you accept the offer of a place at Capitol Academy. By accepting a place at Capitol Academy, you are also agreeing to be bound by the terms and conditions. It is therefore important that you read and understand them prior to accepting your place.
The contract will expire, subject to the provisions for early termination in the terms and conditions, on the completion of your Program, whether or not you are conferred with a Capitol Academy award.
3 Admissions to Capitol Academy
3.1 Consideration of applicants
All applications for a place at Capitol Academy are considered on their merits in the context of the specific and general guidance set out in the Brochure and any special requirements as set out in clause 3.2. All Prospective Students will be required to declare unspent criminal convictions. The requirements stated in the Brochure may be varied from time to time without notice to Prospective Students where it is reasonably considered by Capitol Academy to assist in the proper delivery of education. Capitol Academy is not obliged to provide reasons for its decisions in relation to applications.
3.2 Special requirements
Students for certain specified Programs must comply with special requirements. Some special requirements must be complied with as a condition of a Prospective Student obtaining their place at Capitol Academy and other special requirements continue throughout the period of the Program. These special requirements are often imposed by law, accrediting or professional bodies, or other third parties. For example, some Programs may require additional declarations by the Student relating to their health, criminal convictions and cautions. There may be a requirement for a check of criminal convictions (via the Criminal Record Bureau's Disclosure Service) and/or medical examinations. In addition, certain standards of behavior and attendance requirements may apply.
Details of any current special requirements that apply to your Program can be obtained from Capitol Academy. Variations or new special requirements may be introduced by Capitol Academy from time to time without notice to Prospective Students or Students if they are required by a third party or by law, or where it is reasonably considered by Capitol Academy to assist in the proper delivery of education.
Failure to comply with any such special requirements may result in termination of your contract, with the consequence that you may not be permitted to begin your Program at Capitol Academy or you may be required to leave your Program and/or Capitol Academy.
3.3 Conditional offers
Some offers of a place may be conditional on a Prospective Student fulfilling certain requirements either academic or otherwise, which will be stipulated when the offer of a place is made. If a Prospective Student fails to meet these requirements to the reasonable satisfaction of Capitol Academy, the contract between the Prospective Student and Capitol Academy shall, unless Capitol Academy agrees otherwise, automatically come to an end and both parties shall be in the same position as if they had never entered into any contract.
3.4 Enrollment
You are required to enroll with Capitol Academy at the start of your Program and to re-enroll as required by Capitol Academy (normally upon successful completion of your program).
4 Provision of programs and services
Students will be notified of the date their Program will commence. Unless this contract is terminated earlier, it will be completed on the last day of any assessment of the Student's performance.
Capitol Academy will use its reasonable endeavors to deliver Programs in accordance with the descriptions set out in the relevant Brochures. However, the Brochures are produced at the earliest possible date to provide maximum assistance to intending applicants. It is inevitable that changes will occur between the date of printing and the start of Programs to which they relate.
Capitol Academy therefore
4.1 reserves the right to make variations to the contents or methods of delivery or assessment or locations of Programs, to discontinue or suspend Programs, to merge or combine Programs and to introduce new Programs if such action is reasonably considered to be necessary by Capitol Academy. Such changes may occur either before or after enrollment of a Student. Prospective Students and Students have a right to withdraw from the Program if, after they accept a place, the course is substantially varied from the description in the Brochure; in such circumstances our normal practice is to refund any Tuition Fees or deposit already paid on a pro rata basis for the unexpired period of the Program Course for which such fees have been prepaid once Capitol Academy has received written notice from you that you wish to withdraw from the Program for that reason. In the event that Capitol Academy discontinues or suspends your Program after an offer has been accepted and at any time during your Program Capitol Academy's normal practice is to refund any Tuition Fees and deposits you have paid on a pro rata basis for the unexpired period of the term for which fees have been pre-paid. In addition, Capitol Academy will use its reasonable endeavors to provide a suitable alternative Program at Capitol Academy (for which fees will be payable) or suggest a suitable course at an alternative educational institution but this shall be the full extent of its liability.
4.2 reserves the right to make variations to or withdraw Services if such actions are reasonably considered to be necessary by Capitol Academy.  Capitol Academy reserves the right to make additional charges and to vary such charges from time to time for Services.
4.3 aims to offer maximum flexibility of study within the relevant regulations but does not guarantee that all parts of and options within Programs will be available to all Students who are qualified to take them.
5 Rules and regulations
You are required as a condition of accepting a place at Capitol Academy to abide by, and to submit to, the Regulations. These include regulations in the following areas (although the list is not all embracing): academic; conduct and discipline; financial; health and safety; data protection; accommodation; library and computing; equal opportunities; intellectual property; complaints; and Program requirements. The main Regulations are available from the Secretary and Registrar.
Capitol Academy reserves the right to make reasonable changes to the Regulations where in the opinion of Capitol Academy it will assist in the proper delivery of education and/or it is in the interests of Capitol Academy. Capitol Academy reserves the right to introduce changes during the Program when it reasonably considers it to be in the interests of Students or it is required by law or by the Funding Councils.
6 Payment
6.1 Fees
Capitol Academy charges Tuition Fees for the delivery of its Programs and you will have primary responsibility for payment, although in many cases payment will be made on your behalf by a third party; for example a local education authority, your company or a sponsor.
Capitol Academy will invoice you or the third party paying on your behalf for the Tuition Fees to be paid on the date stipulated in the invoice. If the third party does not make payment in full by the due date you will be invoiced personally for any outstanding balance. If payment is not made, provisions of clause 6.4 may come into force.
You are contractually obliged to pay the Tuition Fees and all other Fees on the dates they fall due from the moment the contract is formed, ie when you accept an offer of a place.
Tuition Fees are usually charged to Students at the beginning of their Program and you should therefore ensure that the necessary arrangements to pay your Tuition Fees have been made before enrolling for the next Program.
The Tuition Fees for all Programs are issued by Student and Academic Services, which should be contacted for further details.
6.2 Level of fees and fee review
The levels of Fees are reviewed and may be revised on an annual basis prior to the beginning of the Program in question.
6.3 Liability for tuition fees on termination of contract/refunds 
If you withdraw or transfer out of Capitol Academy to another institution before enrollment or within the first three weeks of your Program all Tuition Fees will be refunded subject to Capitol Academy retaining all or part of any deposit as specified in clause 6.5.
If you withdraw from Capitol Academy, transfer to another institution or take time out from your Program after the first three weeks but before the end of a Program, refunds/credits of Tuition Fees paid are not automatically given. Capitol Academy may refund a proportion of any Tuition Fees pre-paid by you on a pro rata basis for the unexpired period of the Program, subject to Capitol Academy retaining an amount to cover its reasonable losses and costs as a result of the withdrawal.
You must formally notify the faculty office immediately in writing that you have withdrawn and any refunds/credits will be calculated from the date Capitol Academy receives such formal notification.
6.4 Debts
If you, or any third party who is supposed to pay your Tuition Fees on your behalf, fail to pay any Tuition Fees by the due date specified in the invoice from Capitol Academy, Capitol Academy reserves the right to charge you interest on any outstanding Tuition Fees on a daily basis at an annual interest rate of two per cent above the base rate of HSBC until all outstanding Tuition Fees and interest are paid.
Capitol Academy reserves the right at any time during the Program to withdraw you from your Program and to withhold all Services until all outstanding Tuition Fees and interest are paid and/or terminate the contract between you and Capitol Academy. If at the end of a Program you are in debt to Capitol Academy for Tuition Fees, Capitol Academy reserves the right not to allow you to enroll on your Program for the next Program. If you are in the final Program, Capitol Academy will not release your certificate, or a letter of confirmation of award, until all Tuition Fee debts to Capitol Academy are paid.
If you are in debt to Capitol Academy for Fees related to any of the Services provided in association with your Program, Capitol Academy reserves the right to withdraw that Service until outstanding debts are paid.
6.5 Deposits
Capitol Academy reserves the right to require a deposit for some Programs, as stated in your offer. Where a deposit is required your place will not be guaranteed until it is paid and Capitol Academy reserves the right to withdraw the offer of a place on the Program without further notice to you if the deposit is not paid by the date stipulated in the offer. Under the Distance Selling Regulations 2000 you have a right to cancel your place within a specified period and details of this will be notified to you in your offer letter. If you withdraw before the expiry of the period notified to you in your offer letter, you will be entitled to a refund of any deposit paid. If having paid a deposit you cancel or withdraw from your Program after expiry of the said period, then some or all of the deposit may be retained as a contribution towards Capitol Academy 's reasonable costs and losses.
6.6 Fees policy and procedures
Further details about the Capitol Academy's fees policies and procedures may be found by contacting Capitol Academy Secretary. These policies and procedures, as varied from time to time, form part of these terms and conditions.
7 Ownership of students' work
It is the policy of Capitol Academy that the intellectual property rights to any original work created by Students as part of their Program will automatically pass to Capitol Academy, as set out in the Intellectual Property Policy (details of which are available from the Secretary). Capitol Academy undertakes to acknowledge appropriately the authorship and inventorship of such works created by Students. Capitol Academy will share the net income derived from the exploitation of such intellectual property rights with inventors, designers and/or authors who are Students at the time of the work's creation. In line with our published Intellectual Property Policy at the relevant time, these arrangements will normally continue after the end of the Student's Program. The procedure for calculating and distributing the sums payable to individual creators is set out in the Intellectual Property Policy. The provisions of this clause shall survive the expiry or termination of the contract between you and Capitol Academy, however caused.
8 Collaborating organizations
If you are studying at a Collaborating Organization, you will be subject to certain additional regulations and contractual terms of that Collaborating Organization, including disciplinary regulations. Breach of these additional regulations or contractual terms will be treated as a breach of Capitol Academy's Rules and Regulations and may also result in Capitol Academy requiring you to withdraw from your Program and to withhold Services and/or terminate the contract between you and Capitol Academy.
Capitol Academy has agreements with Collaborating Organizations which set out the roles and responsibilities of each in relation to your admission, Programs and Services. Where such responsibilities rest with the Collaborating Organization, Capitol Academy excludes liability to the fullest extent permissible by law for
• failure by Capitol Academy or the Collaborating Organization to carry out those responsibilities
• negligent acts or omissions of the Collaborating Organization's staff or
• circumstances beyond Capitol Academy's or the Collaborating Organization's control, which prevent or limit performance of Capitol Academy's or the Collaborating Organization's obligations save that, Capitol Academy does not exclude any liability for any personal injury to or death of a Student due to any negligent act or omission of Capitol Academy or its staff.
9 Data Protection Act
Capitol Academy will only hold and use Personal Data for the purposes stated in the register entry. Capitol Academy may disclose your Personal Data to those third parties set out in Capitol Academy Code on Personal Data and shall only disclose your Sensitive Data with your explicit consent and/or as permitted.
The terms and conditions incorporate Capitol Academy Code on Personal Data (Data Protection Code) which is available from the Secretary.
10 Liability
10.1 General
Students are advised to obtain insurance for their own property before arrival at Capitol Academy. In certain circumstances you may be required to obtain other types of insurance, for example medical insurance. Capitol Academy cannot accept responsibility, and expressly excludes liability to the fullest extent permissible by law, for
• all damage to your property (including vehicles and bicycles parked on Capitol Academy campuses) unless it is caused by the negligence or default of Capitol Academy or its staff
• the non-return of work submitted for assessment
• any modification or cancellation of Programs
• personal injuries or death except in so far as they are caused by the negligence of Capitol Academy or its staff
• all indirect and consequential losses, loss of opportunity and loss of income or profit, however arising.
In any event, save for any liability in negligence for personal injury or death, any remaining liability or any other liability of Capitol Academy in contract, tort, breach of statutory duty, misrepresentation or any other liabilities, however occurring, are limited to the value of Tuition Fees paid by or on behalf of the Prospective Student or Student to Capitol Academy or the amount, if any, Capitol Academy receives from its insurers in respect of that particular loss, whichever is the greater.
10.2 Exclusion of liability for events beyond reasonable control
Neither party shall be liable to the other for any failure or delay in performing its obligations under this contract if such failure or delay is due to any cause beyond that party's reasonable control. This will include (but will not be limited to) governmental actions, war, riots, civil commotion, fire, flood, epidemic, labor disputes (including labor disputes involving the workforce of any third party) and acts of God.
10.3 Connecting student's personal IT equipment to Capitol Academy network
Students may not connect personal IT equipment to Capitol Academy network unless express individual consent has been obtained as set out in the Regulations for the Use of IT Facilities (available from the Secretary). Students connecting to the network do so on the basis that they accept all risks associated with the connection (for example virus attack) and that Capitol Academy accepts no liability save for loss or damage caused directly by the negligence or breach of contract by Capitol Academy or its staff and provided always that Capitol Academy accepts no liability for any indirect and consequential losses.
11 Termination of contract
11.1 Termination of contract by the Capitol Academy
Capitol Academy may without liability terminate this agreement at any time immediately by written notice if you are in material breach of the terms and conditions and in particular in the following circumstances
(a) if you have provided false, incomplete or misleading information in relation to your application for admission to Capitol Academy
(b) if you fail to comply with requests for information, to make declarations, and/or to meet any specific requirements of your Program
(c) where your circumstances change so that you are no longer able to meet the special requirements set out in clause 3.2, for example, you acquire a relevant criminal conviction or develop a condition so that you no longer meet the occupational health requirements
(d) where it has been found that you have breached the Disciplinary Regulations (available from the Secretary)
(e) if you fail to meet the required standard of Students' performance for your Program, including but not limited to unsatisfactory standard of work, failure to meet specified attendance requirements (for your Program), failure to submit coursework and/or meet Program deadlines, failure to fulfill a specified contract of studentship in a Program and failure to adhere to professional standards for training purposes
(f) if you fail to pay any Tuition Fees by the due date specified on Capitol Academy's official invoice. This includes where you have an agreement with a third party for them to pay your Tuition Fees on your behalf since you are contractually responsible for payment of fees.
The effect of Capitol Academy terminating this contract under this clause 11.1 or under any other provision of the terms and conditions will be that you will either be refused enrollment to Capitol Academy or you will be required to withdraw from Capitol Academy immediately and you will no longer be entitled to commence or continue your Program. Capitol Academy may in its absolute discretion refund or abate a proportion of any pre-paid Fees on a pro rata basis for the unexpired period of the Program, subject to Capitol Academy retaining an amount to cover its reasonable losses and costs as a result of the termination.
11.2 Termination of contract by the student
If you decide prior to enrollment in your first Program not to take up a place offered to you, you must notify us immediately and in any event prior to the date upon which enrollment is scheduled to take place. You may be entitled to a refund of all or part of any deposit paid (as set out in clause 6.5). Students withdrawing, transferring to another institution or taking time out from their course after enrollment may be entitled to a refund of all or part of their Tuition Fees (see clause 6.3). Capitol Academy will endeavor to provide information and advice to such Students.
12 Notices
Any notice served by Capitol Academy under these terms and conditions and any correspondence from Capitol Academy shall be deemed to have been served two working days after dispatching to the address notified to Capitol Academy by you. Capitol Academy shall be entitled to assume that the last home and term-time addresses notified by you to it are your current addresses, and therefore you must keep Capitol Academy informed of any changes to these addresses.
Any correspondence from the Student to Capitol Academy should go to the address specified for such correspondence in these terms and conditions or the Regulations or if an address is not specified, to the general Capitol Academy address: Capitol Academy Secretary, Avenue Ariana Wouroud, Building Ksour, Ste A2, Ennasr 2, 2037 Ariana, Tunisia. Such correspondence shall be deemed to have been served on Capitol Academy five working days after posting.
13 Changes to terms and conditions
13.1 Capitol Academy reserves the right to make reasonable changes to the terms and conditions from time to time, both before and after you enroll, where in the opinion of Capitol Academy it will assist in the proper delivery of education, where changes are in the interests of Capitol Academy and/or in order to
• comply with any changes in the law or to take account of a ruling by a court or similar body
• comply with any changes requested by the Ministry of Education and  Continuous Formation of Tunisia or any other major funding body
• implement legal advice, national guidance or good practice
• provide for the introduction of new or improved methods of operation, services or facilities
• reflect market conditions
• make them clearer or more favorable to you
• rectify any error that might be discovered in due course; and/or
• further to codify existing arrangements
These changes will normally come into effect at the beginning of the next Program, although Capitol Academy reserves the right to introduce changes during the Program when it reasonably considers it to be in the interests of Students or required by law.
13.2 In the event that any term, condition or provision contained in the terms and conditions is held to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall, to that extent, be severed from the contract between you and Capitol Academy without affecting the remaining terms and conditions which shall continue to be valid.
13.3 If Capitol Academy permits you to transfer between Programs, such transfer shall be treated as a variation of your contract with Capitol Academy and will be subject to your continued acceptance of the terms and conditions. No other variation or amendment to this contract may be made by you without the prior written consent of Capitol Academy.
13.4 Any new editions of the terms and conditions shall be published at www.capitol-academy.com and may be publicized by other means so that you can be aware of any changes.
14 Status of terms and conditions
These terms and conditions represent the entire agreement between you and Capitol Academy and shall supersede any and all prior agreements and all other documents or statements, written or oral, between you and Capitol Academy.
In the event of inconsistencies between the terms and conditions in this document, the Regulations and the Brochures, the terms and conditions in this document shall prevail over the Regulations which shall in turn prevail over the Brochure.
Any failure of or delay by Capitol Academy or a Student in relation to the exercise of its rights under the terms and conditions shall not constitute a waiver of such rights and any waiver in respect of one act or omission shall not operate as a waiver in respect of any other or future acts or omissions.
It is not intended that any third party should be entitled to enforce any of the provisions of these terms and conditions and in particular no third party who would not have been so entitled.
15 Law and jurisdiction
This agreement shall be governed by and construed in all respects in accordance with the laws of Tunisia and the parties agree to submit to the jurisdiction of the courts of Tunisia.
16 Headings
The headings in these terms and conditions are included for convenience or reference only and shall not affect the interpretation of this agreement.
17 Queries and complaints
Queries about the terms and conditions should be addressed to Capitol Academy Secretary, Avenue Ariana Wouroud, Building Ksour, Ste A2, Ennasr 2, 2037 Ariana, Tunisia, who shall be responsible for determining any matters of interpretation.
If you have any queries, concerns or complaints relating to the processing of your application, please contact the Admissions Office, Capitol Academy, Avenue Ariana Wouroud, Building Ksour, Ste A2, Ennasr 2, 2037 Ariana, Tunisia.
18 Accuracy of information 
We make every reasonable effort to ensure that the information in this brochure is accurate at the time of going to press in January 2013. However, we regularly review our educational and associated support services and these may change from time to time. We recommend you contact us to check the current position on courses and services.
Some courses have professional body accreditation, which may expire during the lifetime of this publication. To check the latest information, please see the online full course entry.

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