Harwil Education Ltd & St Martin’s School Fees in Advance Scheme

Terms & Conditions – June 2024

Harwil Education Ltd and St Martin’s School’s (The ‘School’) Fees in Advance Scheme (Scheme) enables parents to pay school fees up front by making a lump sum payment in advance, in return for which the parents receive a discount on the cost of their children’s education. The lump sum payment will be a prepayment towards the amount due in respect of each term’s fees for an agreed number of terms.

Parents will receive a discount at an agreed rate which will be used to calculate the total lump sum to be paid by the parents to the School, with such calculation carried out prior to the parents joining the Scheme. Parents can only join the Scheme after the offer of a place for the child at the School has been accepted.

In order to join the Scheme, these supplemental terms and conditions must be signed by the parents (who are already signatories to the main parent contract) and the individual paying the lump sum payment, if different (e.g. grandparents or any other third party). The School will maintain its direct contractual relationship with the parents under the main parent contract, the terms of which will remain fully in force and effective as between the School and the parents. Parents are advised to seek their own professional legal, financial and tax advice before joining the Scheme.

Terms & Conditions

1) The FIA Terms and Conditions

These terms and conditions (FIA Terms and Conditions) are supplemental to the School’s standard terms and conditions that the parents agreed when accepting a place for the child concerned.

2) The Payer

Where the payer is not a parent of the child, they will be required to agree to these FIA Terms and Conditions by signing below. References in these FIA Terms and Conditions to “parents” shall be interpreted as including the payer, as applicable and as the context requires.

3) The status of the lump sum payment

All payments made in accordance with the Scheme form part of the general funds of the School and may be used for such purposes as the School may from time-to-time determine. Subject to Clause 13) below, lump sums paid to the School into the Scheme are non-refundable and the parents cannot leave the Scheme except in the circumstances set out in Clause 13.

4) What happens if the School becomes insolvent, etc.?

If the School becomes unable to pay its debts, by reason of insolvency or otherwise, the parents will be unsecured creditors of the School and the unapplied portion of the lump sum payment may not be returned to the parents. The phrase “unapplied portion of the lump sum payment” has the meaning ascribed to it in Clause 13.

5) Money Laundering and source of funds

The parents agree to provide the School with such information as the School may request and agree that the School may carry out checks that the School considers necessary or appropriate, including through third-parties, so that the School is able to verify, to its satisfaction, the identity of the parents and the source of funds being paid into the scheme.

6) The parents must make additional termly payments to the School for any amounts owed to the School.

The parents (or those responsible for the fees under the Parent Contract, if different) must pay to the School the difference between the total amount due in respect of the child each term and the amount that has already been prepaid for that term under this Scheme. Differences will arise where, for example, the fees have been increased owing to any annual increase or where supplemental charges and other extras are due, or where taxes are due on any fees or supplemental charges, for example if there is a change which results in VAT being payable in respect of or by reference to school fees and such change applies to any of the prepayments covered under the Scheme.

7) The number of terms and amount to be covered by the Scheme

The Scheme may be used to pay in advance for a set number of terms during the child’s potential time at the School, from a minimum of 3 terms up to a maximum of 18 terms. The lump sum payable by the parents will be calculated so that parents pay in advance an approximation of the total anticipated termly tuition fees for the agreed number of terms minus the discount. Accordingly, the maximum advance lump sum payment accepted is an amount equal to that calculated to cover the estimated full termly tuition fee for the total duration of the child’s education at the School at the time of entering the Scheme excluding any fee increases.

8) How is the lump sum calculated?

The lump sum payable is calculated by –

1. the School and the parents agreeing in advance the number of terms intended to be covered by the lump sum payment
2. estimating the total anticipated termly fees for the agreed number of terms to work out the total amount that will be prepaid each term (Prepayment)
3. deducting the discount from the Prepayment by applying the discount rate. The School will apply the discount rate set out in the Standard Table at the end of these FIA Terms and Conditions. This calculation will generate the amount of the lump sum payment payable by the parents.

9) The Standard Table and what it illustrates.

The Standard Table shows the amount which will be prepaid towards the cost of the relevant child’s education each school term (i.e. the Prepayment) and the lump sum payable by the parents. This is the Standard Table currently in force.

10) The commutation rate

The commutation rate used in the current Standard Table is 1.5% per annum. The Standard Table which will be reviewed by the School and is subject to change at the School’s sole discretion. Parents should confirm the applicable discount rate and Standard Table currently in force before making any single lump sum payment. Parents should be aware that if there is a delay of more than 30 days between confirming the commutation rate currently in force and paying the lump sum to the School, the commutation rate may have changed. Once parents have joined the Scheme and full payment of the relevant lump sum amount is received by the School in freely available, cleared funds, the commutation rate at the time of such payment will apply for the duration of the period covered by that payment. The School will only accept payment of the advance lump sum in Pounds Sterling.

11) Eligibility

The School only accepts applications to join the Scheme from parents who have paid the registration fee and deposit and submitted the School’s Acceptance Form. There must not be any outstanding debt. Please note that participation in the Scheme does not in itself guarantee a child a place in the School, nor does it in any way alter the terms of, or requirements for, entry to the School or entitle the child to preferential treatment. The School must in all cases receive payment and a signed copy of these FIA Terms and Conditions before the beginning of the first term to be covered by the lump sum payment.

For the purposes of the Scheme, terms will be deemed to commence as follows:

Spring Term:    1st January
Summer Term: 15th April
Autumn Term:  1st September

12) Confirmation of participation in the Scheme

Following receipt by the School of the lump sum payment, in freely available, cleared funds, and a signed copy of these FIA Terms and Conditions, the School will confirm the amount of the payment received, the number of terms covered by that payment, and the amount of each Prepayment.

13) What happens if the child leaves the School early?

If a child leaves the School for any reason prior to the commencement of the last term covered by the Scheme, or does not take up their place at the School, the unapplied portion of the lump sum payment will be refunded (less any amounts owed to the School at the time of the refund, including any fees payable to the School in lieu of notice) to the parents. The “unapplied portion of the lump sum payment” is an amount equal to such proportion of the lump sum payment made under the Scheme as is referable to the terms that (at the relevant time) have yet to commence. If necessary, the applicable Standard Table will be used to calculate the amount of any such refund.

14) Changes to the fees and how this impacts each Prepayment.

Without prejudice to Clause 6, the School retains sole discretion as to how and to what extent any subsequent adjustment in the headline level of school fees is to be taken into account in determining the amount of each term’s fees that is covered by the lump sum

15) Refunds to third parties

The School will not pay any refund or sum of money owed to the parents under the Scheme to a third party. The parents agree to reimburse the School for the amount of any taxes (if any) the School is required to pay as a result of refunding any portion of the lump sum payment to the parents

16) Queries

Queries or requests for information regarding the Scheme should be addressed to Mrs Wilson at the School.

17) Changes to these FIA Terms and Conditions.

In the event of any change to any legal or taxation arrangements (such as VAT) which have or could reasonably be expected to have an impact on the School’s running of the Scheme, or for any other substantive reason, the School reserves the right to make changes to these FIA Terms and Conditions or the general arrangements of the Scheme with a minimum notice period of three (3) months to the parents.

18) VAT

The lump sum payable is exclusive of VAT which shall be payable in addition (if applicable). For the avoidance of doubt, in the event that a change to VAT legislation imposes a VAT charge (or a greater VAT charge) on the supply of educational services, and VAT is payable on any supply for which any payments made into the Scheme are consideration for VAT purposes, the parents shall pay to the School an amount in addition to such payments equal to any VAT that is due.

 19) Governing Law

These FIA Terms and Conditions are governed by English Law and either the parents or the School must bring legal proceedings in respect of these FIA Terms and Conditions in the English Courts.

Fees in Advance Scheme Standard Table Commutation Rate: 1.5% p.a as at 10th June 2024

Based upon paying £1,000 per term in advance (you may pay multiples as desired)

Example

Parents ‘A’ wishes to pay the majority of school fees in advance –

Parents ‘A’ wish to provide a sum of £3,000 per term for a five-year period. The total of the fees credited over these five terms would be £45,000. The commutation rate is currently 1.5% so parents ‘A’ actually pay to the school the sum of £43,467 (from the Standard Table £14,489 x 3) so the termly cost to parents of providing the £3,000 worth of fees is reduced to £2,897.80 (an effective saving of 3.4%). Parents A will receive an invoice each term showing the full fees, less the agreed prepayment value to confirm any further balance due.

Should you wish to apply for the F.I.A (Fees in Advance) Scheme. Please complete the Application Form and return to FIA@stmartinsmillhill.co.uk.