STUDENT ENROLLMENT TERMS AND CONDITIONS
As of September 2014
This Student Enrollment Terms and Conditions, as amended from time to time, (“Agreement”) is between DS14, Inc., a New York corporation with its principal place of business at 138 5th Ave, New York, NY 10011 and its affiliates (“Dubspot” or “we”) and you (“you” or “Student”).
If you are under 18 years old you will need the permission of your parent/guardian to enter into this Agreement and/or register for Dubspot online or in-school courses.
You hereby agree that you have read and downloaded, saved, and/or printed a copy of this Agreement for your records.
If you have any questions, you can speak directly with a customer representative by calling 1.877.382.7768.
PART I – ENROLLMENT
1. DEPOSIT & ENROLLMENT. A registration fee (deposit) must be received in advance of enrollment into a course in order to guarantee your place. If you choose to pay the course fee in full, then the registration fee is included in this amount. Deposit fees are non-refundable.
2. PAYMENT OF COURSE FEES. The most cost effective way to pay for your course is to pay in full in advance of the start date. The prices listed on the website are “paid in full” prices at a discounted rate.
You also have the option to make payments pursuant to a payment plan. Payment plans are designed to make registration more affordable by spreading the total cost into four (4) separate installments at a ten percent (10%) premium. Payments will be billed based on the entire length of the course/program. If the balance or installment payments are not received on the due dates then Dubspot reserves the right to suspend your access to course materials or classes until such time as the fees owing have been paid. If you agree, Dubspot may auto-debit the payment plan from the bank account that you designate for such purposes.
3. COURSE WITHDRAWAL & REFUND POLICY. If you need to withdraw from your course then you must notify Dubspot in a writing (email acceptable and preferred) that is actually received by Dubspot.
All refunds are subject to a one hundred dollar USD ($100.00 USD) processing fee and may take up thirty (30) days to process.
Refunds will be subject to the following terms: (i) For all refund requests made at least seven (7) days prior to the beginning of the first class or program, Dubspot will refund seventy five percent (75%) of the total cost of the course or program from which the Student is withdrawing; (ii) For all refund requests made less than seven (7) days prior to the beginning of the first class but before the beginning of the second class, Dubspot will refund fifty percent (50%) of the total cost of the course or program from which the Student is withdrawing; and (iii) Any and all refund requests made after the beginning of the second class for a particular course or program are non-refundable.
If you are on a payment plan, you are obligated to continue to make all future payment installments that were previously agreed to with Dubspot. Once all payments are made to Dubspot, you will be refunded the appropriate amount based on the refund terms outlined above (subject additionally to the $100 processing fee).
If the Student chooses, it may withdraw from a course or program prior to the beginning of the second class without receiving a refund. Under these circumstances, Dubspot will make a good faith effort to provide a one-time rollover for your enrollment into a subsequent date that your course or program may be offered, but Dubspot makes no representation whatsoever that any course or program will be offered at any particular time again in the future.
Dubspot reserves the right to send overdue payments or refusal of payments to a collection agency.
Transfer Policy. Dubspot, in its sole discretion and only under extreme circumstances, may grant you a transfer from a course in which you are currently enrolled into another course currently offered at Dubspot or another course offered at Dubspot on a future date. Transfers are only granted by Dubspot under extreme circumstances and are subject to seat availability. Dubspot makes no guarantee of the ability to transfer or of seat availability in a subsequent course. If a transfer is granted by Dubspot, the transfer shall be subject to a one hundred dollar ($100) processing fee. You will not be refunded the difference of cost if you transfer into a less expensive course. However, if you transfer into a more expensive course then you will be required to pay Dubspot the difference in the price. If you are on a payment plan when you transfer into a new course the payment dates will not change.
4. INTELLECTUAL PROPERTY. All intellectual property rights in Dubspot courses and course materials, whether in-class or online, including without limitation designs, copyrights, database rights, trademarks, patents, application to register any of the aforementioned rights, trade secrets and/or know how, are and shall remain the exclusive property of Dubspot. You may not, without the express written consent of Dubspot, reproduce, copy, disseminate, broadcast, or otherwise use any intellectual property owned or controlled by Dubspot, including any intellectual property contained in any course materials or trademarks used by Dubspot.
During the course of studies at Dubspot, you may create certain original musical compositions and/or sound recordings. You hereby grant to Dubspot a perpetual royalty free non-exclusive license to use, to the fullest extent of copyright law, any such musical compositions or sound recordings created during a Dubspot classroom or online activity or created using Dubspot equipment.
5. PUBLICITY & NAME & LIKENESS. During the time that you are a student at Dubspot, persons may film or photograph you while you are on Dubspot property. You hereby consent to Dubspot’s use of your name image, likeness, and voice in connection with Dubspot as a music school. You agree that any appearance in a photograph or video may be edited in Dubspot’s sole discretion and that you may be portrayed in any way Dubspot reasonably determines. You expressly releases Dubspot, Dubspot’s agents, employees, licensees, subcontractors and assigns from and against any and all claims which you have or may have for invasion of privacy, defamation or any other cause of action arising out of production, distribution, broadcast, exhibition, marketing or promotion of the Dubspot promotional material or other Dubspot related materials in which you may appear.
6. LIMITATION OF LIABILITY. Dubspot’s liability to you hereunder shall be limited to the total amount you have actually paid to Dubspot for the applicable course. Except as set out herein, Dubspot shall under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising hereunder or in connection with the courses provided by Dubspot or the use or operation of any Dubspot equipment or facilities. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence. For the avoidance of doubt, Dubspot shall not be liable for any loss or termination hereunder resulting from or arising in connection with any student visa status or other reason related to immigration. Dubspot: (i) Accepts no responsibility for loss, damage or theft of personal belongings; (ii) Reserves the right to cancel courses at any time and to transfer bookings to rescheduled dates. Students unable to attend rescheduled dates may be entitled to some refund or other credit; and (iii) Takes no responsibility for the quality of services or products provided or offered by third party advertisers and/or vendors. Inclusion in the course materials or presence during a course is not a recommendation or endorsement by Dubspot.
7. FORCE MAJEURE. For the purposes of this Agreement, “Force Majeure Event” means any event beyond the reasonable control of Dubspot including without limitation strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, including governmental visa status, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. Dubspot shall not be liable to you as a result of any delay or failure to perform its obligations under this Agreement as a result of a Force Majeure Event. If the Force Majeure Event prevents Dubspot from providing a course or other services promised to you for more than four (4) weeks, Dubspot shall, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by written notice.
PART II – STUDENT CODE OF CONDUCT
1. STUDENT MINIMUM COMPUTER SKILLS. You must have a basic level of computer acumen to participate in the Dubspot classroom, studio, or private lesson activities. Any student that does not have a high enough level of computer acumen to participate may be removed, in Dubspot’s sole discretion, and the student will be refunded based on Dubspot’s refund policy. If you are unsure whether you have the requisite computer skills to participate in any given course, please contact the Director of Student Affairs.
2. STUDENT CLASSROOM CONDUCT. You must act in a professional and non-disruptive manner during Dubspot classroom, studio, or private lesson activities. The instructor or other Dubspot personnel, at their sole discretion, may remove or expel you from any Dubspot classroom, studio, or private lesson activity if the student fails to act in a professional or non-disruptive manner.
3. ACADEMIC REQUIREMENTS. Dubspot requires that all students make a good faith effort to actively participate in class, hand in assignments on time, and complete required homework assignments. This requirement assures that a student’s failure to stay active and updated will not slow the pace of class and negatively affect the experience of other students. Any student that negatively affects their classmates due to that student’s failure to make a good faith effort to actively participate in class, hand in assignments on time, and complete required homework assignments, may be removed or expelled from class, in Dubspot’s sole discretion, and that student will be refunded based on Dubspot’s refund policy. Additionally, in order to receive a certificate of completion for Dubspot’s certificate programs, students are required to attend at least 75% of classes in either the New York or Los Angeles campus and pass a Dubspot certificate test.
4. STUDENT QUESTIONS, CONCERNS, AND COMPLAINTS. All students are encouraged to discuss concerns, academic issues, or complaints with the Dubspot staff and faculty. The student should address any problems involving classroom or academic matters with the faculty member involved with that academic matter, and if such problem is not resolved, then the student should address the problem with the Director of Student Affairs. If the student has any questions or concerns about non-academic matters, such matters should be discussed with the Director of Student Affairs.
5. STUDENT DISCIPLINARY ACTION. If you violate this Student Code of Conduct, Dubspot may, in its sole discretion, permanently expel you from current or future courses or temporarily remove you from a current course (including private lessons). A student that has been expelled will no longer be permitted to enter any Dubspot property. Any money paid or owed to Dubspot by the student will be refunded based on Dubspot’s refund policy.
6. THEFT OR DAMAGE TO SCHOOL OR STUDENT PROPERTY. If it is discovered by Dubspot that you have been involved in any actual or attempted unauthorized taking, use, misappropriation, or damage to property owned or maintained by Dubspot, a student of the school, any person or visitor on campus, or any person attending a Dubspot-sponsored event, you will be in breach of this Agreement, will have violated this Student Code of Conduct, and may be prosecuted to the fullest extent permitted by law. In Dubspot’s sole discretion, you may be expelled, held responsible for any financial damages, and will receive no refund for any money paid or owed to Dubspot.
7. HARASSMENT POLICY. Harassment by any student, employee, faculty member, contractor, or guest of Dubspot is not permitted at Dubspot. Harassment includes verbal, physical, or sexual conduct that disrupts or interferes with another’s performance or safety or that creates an intimidating, offensive, or hostile environment. Harassment should be immediately reported to the Director of Student Affairs. If it is discovered that you have been involved in the harassment of any other student, employee, faculty member, contractor, or guest of Dubspot, you will be in breach of this Agreement, will have violated this Student Code of Conduct, and may be prosecuted to the fullest extent permitted by law. In Dubspot’s sole discretion, you may be expelled, held responsible for any financial damages, and will receive no refund for any money paid or owed to Dubspot.
8. ALCOHOL & DRUG POLICY. Alcohol or drug use and/or being under the influence of drugs or alcohol is not permitted on Dubspot property. Students in violation will be dismissed and may be expelled. Classes are collaborative, immersive learning environment, and students should be attentive and exhibit participatory behavior.
9. SMOKING. You may not smoke or vaporize inside or immediately in front of Dubspot’s facilities or property.
10. FOOD OR DRINK POLICY. No food or drinks are allowed in the classroom or studios. Food and drink may be consumed in the student lounge area.
11. DRESS CODE. The learning environment is a professional one. Please dress accordingly.
12. CHANGE OF CLASS TIMES. Dubspot may, in its sole discretion, change and adjust class times. Dubspot will give students as much advance notice as possible if Dubspot changes class times. If a change in class times results in you not being able to attend such class, Dubspot will refund you for the remaining number of classes.
13. RIGHT TO MOVE STUDENT INTO PRIVATE LESSONS. Dubspot may, in its sole discretion, move you out of a class and into private lessons if you are not able to keep pace with the class or are being disruptive to the class. In the instance that you are moved into private lessons, Dubspot will apply the balance that you paid for the class to the private lessons. You may not voluntarily move from a class into private lessons or use its tuition as credit for private lessons, unless otherwise agreed by Dubspot.
14. RIGHT TO CHANGE THIS STUDENT CODE OF CONDUCT. Dubspot may, at any point, change, alter, revise, or amend this Student Code of Conduct. Any such revisions shall be binding on you. You shall have the obligation to periodically review this Student Code of Conduct.
1. INFORMATION COLLECTED. We may collect and use the following types of personal information: your name, age, sex; credit card or bank account information; information regarding your use of the Site; orders you place; registration information; information that you browser sends whenever you visit the Site; and any other information you provide to us. You do not need to register or provide us with any personal information in order to visit and view the Site. However, if you wish to receive newsletters, make a purchase, enter any contest, or participate in certain other Site activities, you may be asked to register and/or submit certain personally identifiable information. Such information may include your name, e-mail address, street or postal address, telephone number, password, and credit card billing or other payment information.
2. USE OF INFORMATION. Subject to all applicable court orders, laws, rules and regulations, Dubspot reserves the right to use your personal information for any purposes that Dubspot may choose, including sharing with such information with third parties for purposes such as hosting and maintenance, database storage and management, advertising sales, e-mail marketing, e-commerce functions and credit card/payment processing.
3. CHANGING OR DELETING INFORMATION. You may at any time request to see and update or correct the information you have provided to us by e-mailing us at firstname.lastname@example.org.
4. THIRD PARTIES AND LINKS TO OTHER WEBSITES. Our Site may contain advertisements and links to other web sites. This is not an endorsement, authorization or representation of any affiliation with those advertisers or the operators of those web sites. We do not exercise control over third party web sites. They may place their own cookies or other files on your computer, and collect or solicit both personally identifiable and non-personally identifiable information from you. Other web sites have their own privacy policies and practices and we encourage you to carefully read the privacy policies or statements of the other web sites and services you visit.
5. OUR POLICY TOWARDS CHILDREN. Dubspot does not sell services for purchases by children. We may offer services and classes tailored for children, however said services and/or classes are to be purchased by adults. If you are under 18 years of age, you must have the involvement and consent of a parent or guardian. If we become aware that a child under 13 has provided us with personal identifiable Information, we will delete it from our files. If any parent or guardian becomes aware that their child under the age of 13 has provided us with personally identifiable information without their consent (or that we have otherwise collected or obtained such information), please contact us at email@example.com.
6. CHANGE IN OWNERSHIP. In the event we change ownership or merge with another entity, we reserve the right to transfer, sell, or assign all information that we have collected.
PART IV – NO LIABILITY OR WARRANTY ON EQUIPMENT
1. EQUIPMENT. “Equipment” shall mean any goods that you may purchase or receive from Dubspot, www.dubspot.com or its affiliate websites, such as musical equipment and controllers, computers, or other physical goods.
2. NO WARRANTY. Dubspot expressly excludes all warranties, express or implied, as to the Equipment being merchantable or fit for any particular purpose and all other warranties therein.
3. NO LIABILITY. Dubspot hereby disclaims liability and you agree that and in no event shall Dubspot be liable for any direct, indirect, incidental, consequential or special damages, including without limitation damages from injury, electrocution, fire, loss of revenue or profits, costs of labor, overhead, transportation, installation or removal of Equipment, or any damages from or attributable to your use of the Equipment. This disclaimer shall apply whether or not Dubspot has been made aware of the possibility of such damages.
PART V – GENERAL TERMS AND CONDITIONS
1. ASSIGNMENT. Dubspot may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party.
2. WAIVER. If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Agreement shall not be affected.
3. AMENDMENTS. We reserve the right to modify this Agreement from time to time, and we will notify you of any material changes by posting the new Agreement on www.dubspot.com and changing the effective date above.
4. LAW AND JURISDICTION. This Agreement shall be interpreted in accordance with the laws of the State of New York, County of New York, applicable to contracts made and to be performed within the State of New York and without regard to the choice of law provisions therein.
5. ARBITRATION. Each party will promptly notify the other in writing of any dispute. Each party’s designated representatives will meet within ten (10) days following the receipt of such written notice and will attempt to resolve the dispute within fifteen (15) days. Any and all claims or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the Commercial Rules, but not the administration of the American Arbitration Association. The arbitration will be conducted in New York, New York. The laws of the State of New York (except its conflict of laws provisions) will govern the interpretation and enforcement of this Agreement and all disputes relating to this Agreement. Within ten (10) calendar days of service of a demand for arbitration, the parties will agree upon a sole arbitrator. If a sole arbitrator cannot be agreed upon, a panel of three (3) arbitrators will be named; each party will select one (1) arbitrator and the two (2) arbitrators selected by the parties will select a knowledgeable and impartial third arbitrator. There will be no discovery during the arbitration other than the exchange of the information and documents, which shall be provided directly to the arbitrator(s) upon request and approval of specific discovery requests. A final hearing shall be conducted within three (3) months of the appointment of the arbitrators. If damages are awarded, the arbitrator(s) will only award compensatory damages and will not award punitive or other non-compensatory damages. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs associated with the action, including the prevailing party’s share of the arbitration fees (i.e., the prevailing party’s share of the sole arbitrator’s fees, or the cost/fee of the prevailing party’s arbitrator and it’s share of the third arbitrator appointed, if any). The decision of the arbitrator(s) will be final and binding and may not be appealed. A party may apply to any court having jurisdiction to obtain a judgment enforcing the decision of the arbitrator(s). The parties may cancel or terminate this Agreement in accordance with its terms and conditions without following the procedures in this Section.
6. CONTACT AND NOTICE DETAILS.
138 5th Ave, New York, NY 10011