1. Terms and Conditions

a) The School is the International School of Samui, which is a Formal School, operating in accordance with the Private School Act B.E. 2550 as amended by the Private School Act (No. 2) B.E. 2554 with license number 004/2553. The School is a registered Juristic Person in accordance with Section 24 of the Private School Act B.E. 2550 as amended by the Private School Act (No. 2) B.E. 2554 with Bluewater Samui Co. Ltd., a juristic person under the Civil and Commercial Code of Thailand Ltd., registered as the licensee, with Khun Waranya Funoi named as the representative of the licensee in accordance with Section 22 of the Private School Act B.E. 2550 as amended by the Private School Act (No. 2) B.E. 2554. The School is Governed by an Executive Board (the “Board”) in accordance with Section 30 of the Private School Act B.E. 2550 as amended by the Private School Act (No. 2) B.E. 2554. It is assumed that a gap year student will, subject to conduct and professional attainments, progress through the duration of their gap year placement at the School.

b) The CEO is the person appointed by the Board to be responsible for the gap year students and includes those to whom any of the duties of the CEO or the School have been responsibly delegated.

c) The Gap Year Students are those who are enrolled as Year 13 Plus students. Gap Year Students are expected to give their support and encouragement to the aims of the School and to uphold and promote its good name.

d) Our Aims: The aims of the School are described in the School website. In addition, the School aims to strike the balance between academic and practical work, physical education, moral and spiritual development and the pursuit of leisure activities. We are committed to high standards of teaching and care and we welcome parental contact. The School is a private, self-regulating community, which respects the human rights of pupils and their parents, who in turn accept that the School's lawful policies, disciplines and rules must sometimes take precedence over the wishes of individuals. The School is an environment in which gap year students are encouraged to participate in work and leisure activities with enthusiasm and commitment and to behave with tolerance and understanding, respecting the needs of others.

e) The Terms and Conditions: We believe that these terms and conditions reflect the customs and practice of independent schools for many generations. The rules about change and about notice and fees in lieu of notice and the other rules set out below are provided in good faith. They promote stability, forward-planning and the proper resourcing and development of the School. They help also to protect parents from increases in fees and liabilities caused by the defaults of others. Any waiver is effective only if given in writing by the CEO personally. The Placement Fee and all School Policies, as varied from time to time, are part of these Terms and Conditions. Nothing in these Terms and Conditions affects the statutory rights of gap year students.

2. Care and Good Discipline

a) Authority: The gap year students authorise the CEO to take and/or authorise in good faith all decisions that safeguard and promote their welfare. Gap year students must only conduct such physical contact as may be lawful, appropriate and proper for teaching and to provide comfort to a pupil in distress or to maintain safety and good order or in connection with the pupil's health. (Corporal punishment is not used.) The CEO may also consent on behalf of the gap year student to the gap year student receiving emergency medical treatment including blood transfusions within Thailand, general anaesthetic and operations at a private hospital where certified by a person who is appropriately qualified, necessary for the gap year student’s welfare and if next of kin cannot be contacted in time.

b) Conduct and Attendance: We attach importance to courtesy, integrity, manners and good discipline. The gap year student is expected to take a full part in the activities of the school, to attend punctually on each school day, to work hard, to be well behaved and to comply with the School Rules about the wearing of uniform.

c) The Gap Year Student’s Health: The CEO may at any time require a medical opinion or certificate as to the gap year student’s general health. Gap year students must inform the CEO in writing if they have any known medical condition, health problem or allergy or will be unable to take part in games or sporting activities or have been in contact with infectious diseases.

d) Conduct of the School: The CEO is responsible for the care and good discipline of gap year students while they are in the charge of the School or its staff and for the day to day running of the School and the curriculum. The CEO is responsible also for the imposition of any sanction including exclusion for non-payment of fees, temporary removal during investigation or following a breach of school discipline, and permanent removal under clause 6 below. The CEO is not responsible, unless negligent, for a gap year student who is absent from the School in breach of school discipline. It is a condition of remaining at the School that the gap year student accepts the school regime and the Rules (in so far as they are lawful and reasonable) as to appearance and dress and the rules of school discipline that apply from time to time.

e) The School Rules: Each gap year student is supplied with information about the collective School Rules and Policies giving information about the ethos and rules at the School. The purpose of the collective School Rules is to help every gap year student to know what is expected and to encourage courtesy and consideration for others. Each gap year student should read all School Policies and other pertinent information available to them in order to have an understanding of the collective School Rules.

3. Admission and Entry to the School

a) Registration: Gap Year Students will be considered as candidates for admission and entry to the School when the Gap Year Student Application Form has been completed and returned to us. Admission and entry will be subject to the availability of a place and the gap year student satisfying the admission requirements at the time.

b) Offer of a Place and Placement Fee: The Placement Fee is a sum of money payable on acceptance of a place.

4. Fees and Extras

a) Items Covered: Fees cover full board for the duration of the placement. Breakfast and dinner will be at provided in the school residence and lunch will be providedat school. Weekends are not catered for, however supplies will be provided. Collection from the airport, depending on Government Covid Rules, emergency night duty support as required, communication and planning prior to arrival on the island, support and guidance throughout the registration process, mentoring during the placement, support with finding additional volunteering opportunities or additional professional qualifications, and access to the school sports and leisure facilities are also covered in the fees.

All other expenses and costs including, but not limited to, flights to and from Koh Samui, visa costs, COVID related restrictions and costs, additional transport and travel costs, additional volunteering or professional qualifications that may be undertaken, mobile phone charges, money transfer charges, medical insurance, travel insurance, any clothing costs which are required for gap year student responsibilities in addition to the school supplied polo shirts and PE t-shirt, any damages, breakages or loss to personal electronic items and any other damage done by a gap year student, other than fair wear and tear, will be the responsibility of the gap year student.

b) Payment of fees and extras: Each invoice must be paid before the due date stated on the invoice. A gap year student may be excluded from the School at any time when fees are unpaid and will be deemed withdrawn. The School is agent only in respect of any goods and services which are supplied by a third party via the School to gap year students. Fees will not be refunded or waived for absence through sickness; or if a term is shortened or a vacation extended; or if a gap year student is released from school early; or for any other cause except in the sole discretion of the CEO.

c) Responsibility for payment: Fees are the joint and several responsibility of each person who has signed the Application Form or who has responsibility for the gap year student. The School may withhold any information or property while fees are unpaid.

d) Payment of fees by a third party: An agreement with a third party to pay the fees or any other sum due to the School does not release gap year students from any liability under these terms and conditions unless an express release has been given in writing signed by the CEO. The School reserves the right to refuse a payment from a third party. All such payments received are accepted in good faith.

e) Late Payment: The right is reserved to make late payment charges composed of either an administration charge (as set out in the Fee Schedule) and/or simple interest calculated at 10%, and all other administration and legal costs in relation to any sums that are unpaid by the due date. It is agreed that the amount of all late payment charges should reflect the commercial rates that would be applied by a financial institution in a case of unauthorised and unsecured borrowing. Such charges will be recoverable by action if necessary. Cheques delivered at any time after the first day of term will be presented immediately and will not be considered as payment until cleared. Any sum tendered that is less than the sum due and owing may in any event be accepted by the School on account only. The rules in clauses 4 and 5 of these terms and conditions are intended to protect those gap year students who pay fees on time and to safeguard the School against consequences of the defaults of others.

5. Events Requiring Notice in Writing

a) Definitions

Notice to be given by gap year students means (unless the contrary is stated in these terms and conditions) at least two weeks’ notice addressed to and actually received by the CEO. No other notice will suffice. Notices must be hand delivered or sent by recorded or guaranteed delivery post to the school address or sent by email to ceo@iss.ac.th.

Term means the period between and including the first and last days of each placement.

b) Cancelling Acceptance: The Placement Fee will be forfeited in full and retained by the School if the gap year student cancels their acceptance of a place less than 2 weeks before entry or the gap year student does not join the School. Gap year students who withdraw giving at least two weeks’ notice before entry will receive a refund of the placement fee less 20%. Cases of serious illness, genuine hardship or COVID related issues may receive special consideration on written request.

c) Notice by the School: The School may terminate this agreement on two week’s written notice sent by email and otherwise under clauses 6 a) and b) below.

6. Removal of a Gap Year Student

a) Temporary removal from School: Gap year students may be required during their placement, to be removed, without refund of fees, temporarily from the School if the CEO is of the opinion that the conduct or progress (whether on or off school premises or in or out of term time) of the gap year student has been unsatisfactory or if the gap year student, in the judgement of the CEO, is unwilling or unable to profit from the opportunities offered or moral boundaries expected (or a gap year student has treated the School, members of its staff or pupils unreasonably, including by means of social media, any other digital means, or any other means) and in any such case temporary removal is considered to be warranted. All outstanding fees will be payable in full.

b) Permanent removal from School: A gap year student may be permanently removed from school at any time if the CEO is reasonably satisfied that the gap year student’s conduct (whether on or off school premises or in or out of term time) has been prejudicial to good order or school discipline or the reputation of the School or to the well-being or mental health of pupils or staff. The CEO will act fairly and in accordance with the procedures of natural justice and will not permanently remove a gap year student other than in grave circumstances. All outstanding fees will be payable in full.

c) Discretion of CEO: The decision to temporarily or permanently remove a gap year student and the manner and form of any announcement shall be at the sole discretion of the CEO. In no circumstances shall the School or its staff be required to divulge to any other person or persons any confidential information or the identities of pupils, staff or others who have given information which has led to the requirement to temporarily or permanently remove a gap year student or which the CEO has acquired during an investigation.

d) Access: A gap year student who has been temporarily or permanently removed from the School has no right to enter school premises without the written permission of the CEO.

7. General Conditions

a) Special Precautions: The CEO needs to be aware of any matters that are relevant to the gap year students’ security and safety. The CEO must therefore be notified in writing immediately of any court orders or situations of risk in relation to a gap year student for whom any special safety precautions may be needed.

b) Residence during Term Time: The CEO must be notified in writing immediately if a gap year student will be residing other than at the school residence.

c) Liability and Insurances: The School does not, unless negligent, accept responsibility for accidental injury or loss of property. The School undertakes to maintain those insurances which are prescribed by law. All other insurances are the responsibility of gap year students including insurance of the gap year student’s personal property whilst at school or on the way to or from school or on any school sponsored activity away from the School.

d) Gap Year Student’s Personal Property: Gap year students are responsible for the security and safe use of all personal property and are responsible for ensuring that all such property is clearly marked with the owner’s name. A gap year student may not bring any item of equipment on to school premises which runs off mains electricity without the prior written permission of the CEO.

e) Concerns/Complaints: Gap year students, who have cause for serious concern as to a matter of safety, care or quality of education must inform the CEO without delay.

f) Biological Samples: The CEO may at any time when grounds for suspicion exist, require the gap year student to give a biological sample under medical supervision to test for the use of illegal drugs or other substances damaging to health.

g) Confidentiality: The School will take care to preserve the confidentiality of information concerning the gap year student. The gap year student shall, however, consent on behalf of themselves (through the CEO as the person responsible) obtaining, holding, using and communicating, on a "need to know" basis confidential information which, in the opinion of the CEO, is material to the safety and welfare of the gap year student and others. The gap year student consents also to the School communicating with any other school which the gap year student attends or proposes will attend about any matter concerning the gap year student or about payment of fees, whether or not the information passing is in machine-readable form. In all other respects, the School will take care to preserve the confidentiality of information concerning the gap year student.

h) Reports and References: Information supplied to others concerning the progress and character of a gap year student and any references will be given conscientiously and with all due care and skill but otherwise without liability on the part of the School.

i) Intellectual Property: The School reserves all rights and interests in any intellectual property rights arising as a result of the actions of a gap year student in conjunction with any member of staff of the School and/or other pupils at the School for a purpose associated with the School. Any use of any such intellectual property rights by a gap year student is subject to the terms of a licence to be agreed prior to the use between the gap year student and the school. The School will allow the gap year student’s role in creation/development of intellectual property rights to be acknowledged.

j) Website: The school website describes the broad principles on which the School is presently run and gives an indication of our history and ethos. Although believed correct at the time of publishing, the website is not part of any agreement between the gap year student and the School. Gap year students wishing to place specific reliance on a matter given in the website should seek written confirmation of that matter before entering this agreement.

k) Consumer Protection: Care has been taken to use plain language in these terms and conditions and to explain the reasons for any of the terms that may appear one-sided. If any word/s, alone or in combination, infringe any provision of law, they shall be treated as severable and shall be replaced with words which give as near the original meaning as may be fair.

l) Interpretation: These terms and conditions supersede those in the website and elsewhere and will be construed as a whole. Unless required to make sense of the immediate context, headings are for ease of reading only and are not otherwise part of the terms and conditions.

m) Jurisdiction: This contract was made at the School and is governed exclusively by Thai Law.

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