BY CLICKING THE BOX ON YOUR APPLICATION INDICATING YOUR ACCEPTANCE (THE “ACCEPTANCE”) OF THIS ENROLLMENT CONTRACT (THIS “AGREEMENT”), YOU AGREE YOU HAVE READ AND ARE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE AN APPLICANT, YOU REPRESENT THAT YOU ARE EITHER (A)THE AGE OF MAJORITY IN YOUR JURISDICTION OR OLDER OR (B) YOU HAVE YOUR PARENT’S OR GUARDIAN’S PERMISSION TO ENTER INTO THIS AGREEMENT. IF YOU ARE AN AGENT FOR AN APPLICANT, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS ON BEHALF OF THE APPLICANT AND THAT THE APPLICANT (OR THEIR PARENT OR GUARDIAN, AS APPLICABLE) HAS REVIEWED AND AGREED TO THESE TERMS. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT SUBMIT AN APPLICATION OR SUBMIT AN ENROLLMENT DEPOSIT. IF YOU ACCEPT THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND ARE BOUND BY, THE TERMS AND CONDITIONS STATED HEREIN.
This Agreement is by and between you and Shorelight-Flyer, LLC d/b/a UDayton Global (“UDayton Global” “we”, “our” or “us”) and is effective as of the date of Acceptance (the “Effective Date”). It governs your application to, and if you are admitted, your enrollment and participation in, UDayton Global. We reserve the right to change or modify portions of this Agreement at any time. If we do so, we will notify you via email or through other reasonable means of the changes.
Please read this Agreement in its entirety. It includes important information regarding our services as well as policies and rules related to the University of Dayton. In particular, we note that you will find the following information covered within the following provisions in this Agreement:
- Application Terms (Section 1)
- Enrollment; Tuition and Fees (Section 2)
- Deposit Refunds (Section 3)
- Tuition Refunds (Section 4)
- Legal (Section 5)
- Accommodations and Services (Section 6)
- Other Policies, Procedures & Requirements (Section 7)
- Miscellaneous (Section 8)
1. APPLICATION TERMS. If you are admitted, you will be placed in the appropriate program track based on your academic and English language credentials submitted with your application. You acknowledge that there are price differences between each program track based on program track length and course of study. Please note that different courses of study may include required English language courses as part of the curriculum. You acknowledge that by submitting your application, you are not guaranteed admission at University of Dayton. If you are currently seeking or intend to seek permanent resident status at any point during your anticipated tenure at University of Dayton, you must disclose such intent at the time of application and you will not be permitted to apply to UDayton Global.
2. ENROLLMENT; TUITION AND FEES.
2.1 Once your application has been reviewed, and if you are conditionally accepted to the UDayton Global a conditional offer of enrollment will be extended to you. Once you have received your conditional offer, you must pay your enrollment deposit (“Deposit”),and meet all other listed conditions, to be eligible for admission. As part of your conditional offer you will receive other important information and documents that contain additional terms and conditions governing your participation in the program. Please familiarize yourself with all documentation provided to you by UDayton Global.
2.2 Following payment of your Deposit, an invoice (the “Statement of Fees”) will be sent to you which will contain your remaining outstanding balance (the “Outstanding Balance”) and your payment due date. You acknowledge and agree that you will pay to UDayton Global the Outstanding Balance shown on your Statement of Fees, including any banking or processing fees, by the indicated due date. UDayton Global has the right to amend its prices from time to time and will provide you with notice of any amended prices via email or through other reasonable means.
2.3 Failure to pay the Outstanding Balance by the due date may lead to penalties, including late fees, inability to gain access to housing, inability to use a meal plan , and a hold on your account that will prevent you from enrolling in classes. If you are unable to enroll in classes due to your failure to pay the Outstanding Balance and any applicable fees, you may violate the terms of your immigration status, and we will be required to report such violation to the SEVIS database. As a result, you may lose your immigration status and be deported from the United States. More information regarding your obligations to maintain proper immigration status is included below.
2.4 You will be required to take an English language assessment test upon arrival to campus. The results of the assessment test are used to place you on the program track that is appropriate for your skill level, and which may be different from what was indicated in your conditional offer letter . If your assessment test score does not meet the criteria for your assigned program track, you will not be able to enroll on that track. As a result, the length of study may be longer than originally anticipated and involve additional costs.
2.5 UDayton Global students are not eligible to receive any tuition reduction through graduate assistantships, scholarships, stipends or other forms of financial support for their graduate studies.
2.6 Once you receive your visa, you are required to maintain proper F-1 visa status. To maintain proper F-1 visa status, you must comply with all applicable federal regulations related to study in the United States, including the pursuit of a full course of study. Please review University of Dayton’s policies on student visa status. You will be in danger of losing your immigration status if you fail to maintain the necessary academic standing. We will be required to report any violation by you of your F-1 status to the Student and Exchange Visitor Information System (“SEVIS”) database maintained by the United States Department of Homeland Security (“DHS”). Your personally identifiable information, including course enrollment details and changes, and circumstances of any suspected breach by you of University of Dayton’s or UDayton Global’s policies may be shared with the DHS, University of Dayton and accrediting agencies, designated authorities, your parents, and UDayton Global staff and agents. Please be aware that scheduling and class attendance conflicts that arise from pursuing immigration status changes will not be accommodated and may prevent you from continuing your studies. You will be dismissed from UDayton Global if you seek or obtain a change in your permanent residency after you begin your program.
2.7 All payments for housing are due in full by the payment due date indicated on your Statement of Fees unless you are on a payment plan pre-approved by UDayton Global. Late housing payments or failure to pay housing costs may result in additional fees. Cancelling your housing contract may result in forfeiture of your entire housing payment. You may also be required to purchase a meal plan. Your published move-in date can be found here (the “Move-In Date”).
2.8 You may defer your enrollment for up to one calendar year (i.e., two consecutive semesters, including summer); however, your deposit will roll-over for one semester only, not including summer (i.e., a Spring deposit will apply for next Fall, but a new deposit is required starting with the following Spring semester). We will not refund your original deposit. After one calendar year, you will be required to re-apply with a new application and deposit. You must request an enrollment deferral no later than 60 days after your original Move-In Date. Contact your Enrollment Advisor for additional information.
3. DEPOSIT REFUNDS. We will only refund your Deposit if you provide us with written notification and documentation showing that your visa application has been denied prior to the Move-In Date. Otherwise, we do not provide Deposit refunds. You must submit your deposit refund request within sixty (60) days following the Move-In Date. For the avoidance of doubt, we do not provide Deposit refunds for students who transfer their University of Dayton-issued I-20 to another institution.
4. TUITION REFUNDS.
4.2 If you transfer your University of Dayton-issued I-20 to another institution prior to or within the first two weeks of your first semester classes, we will not refund any portion of your tuition or fees.
4.3 All refund requests (other than those for Deposit refunds) must be submittedwithin sixty (60) days following the date that you either complete or withdraw from your program. The request form can be found at Link. All refunds will be issued in United States Dollars, minus bank transfer and processing fees, including any fees incurred for a rejected payment, according to the exchange rate in place at the time of the refund. All refunds will be made to eligible parties within 30 days following receipt of an accurate and completed refund form.
4.4 In addition to the restrictions described above, no refunds will be given: (i) if you must withdraw due to your actual or anticipated change to permanent resident status (ii) for any housing-related fees, (iii) for any insurance-related fees, and (iv) in cases of dismissal, suspension or expulsion. The cost of a meal plan is not refundable during the semester or term, it is purchased, but you may be eligible to receive a meal plan refund for future semesters depending on the specific circumstances and in our sole discretion.
4.5 In the event that you are granted a valid medical withdrawal tuition refund by University of Dayton which is in conflict with this Agreement, we will honor that refund (minus non-refundable fees).
5.1 WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.UNDER NO CIRCUMSTANCES WILL UDayton Global BE LIABLE TO YOU UNDER THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING UNDER THIS AGREEMENT (WHETHER BASED UPON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY) IRRESPECTIVE OF WHETHER UDayton Global HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND THE LIABILITY UDayton Global FOR ALL DAMAGES OR ALLEGED DAMAGES UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IS LIMITED TO, AND WILL NOT EXCEED THE FULL AMOUNT PAID TO UDayton Global BY YOU. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTHABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
5.2 You acknowledge and agree that UDayton Global or its representatives, affiliates, successors and related companies may photograph, video or otherwise record you and/or other students. If you do not wish to have your photograph or video taken, you must advise us in writing and state, at the time of the photography or recording, your desire not to participate. Unless you have provided us with notice regarding your desire not to participate, you hereby irrevocably grant UDayton Global and its assigns, licensees, successors in interest, legal representatives, employees, consultants and agents (collectively, the “Program Entities”) the irrevocable and unrestricted right to copy, publicly display, distribute, modify, create derivative works of and otherwise use your name, image, voice and likeness and any photograph, video or audio recording in which you appear (collectively, the “Images”). You acknowledge and agree that you have no right, title or interest in or to any Images, and that the Program Entities own all right, title and interest in and to all Images. You hereby waive any right to inspect or approve any Images. You hereby waive all rights and release and discharge the Program Entities from and shall neither sue nor bring any proceeding against the Program Entities for, any claim, demand or cause of action based upon, arising from or related to the Program Entities use or exploitation of the Images (or the use of your name, image, voice or likeness in connection therewith), including without limitation, claims for libel or invasion of right to privacy, publicity or personality.
5.3 UDayton Global will not be liable under this Agreement for its failure or delay in performing any of the obligations imposed by this Agreement to the extent such failure or delay is the result of any event beyond its reasonable control, including: (a) any fire, explosion, unusually severe weather, natural disaster or Act of God; (ii) epidemic, disease or pandemic; any nuclear, biological, chemical, or similar attack; any other public health or safety emergency; any act of terrorism; and any action reasonably taken in response to any of the foregoing; (iii) any act of declared or undeclared ware or of a public enemy, or any riot or insurrection; (iv) damage to machinery or equipment; any disruption in transportation, communications, electric power or other utilities, or other vital infrastructure; or any means of disrupting or damaging internet or other computer networks or facilities; (v) any strike, lockout or other labor dispute or action; (vi) any action taken in response to any of the foregoing events by any civil or military authority; or (vii) any other similar event beyond UDayton Global’s control.
5.4 The law, including the statutes of limitation, of the state of Ohio will govern this Agreement, the interpretation and enforcement of its terms and any claim or cause of action (in law or equity), controversy or dispute arising out of or related to it or its negotiation, execution or performance, whether based on contract, tort, statutory or other law, in each case without giving effect to any conflicts-of-law or other principle requiring the application of the law of any other jurisdiction. Each of the parties hereto hereby irrevocably and unconditionally consents to submit to the sole and exclusive jurisdiction of the courts of Ohio and of the United States of America located in Ohio (the “Ohio Courts”) for any litigation among the parties hereto arising out of or relating to this Agreement, or the negotiation, validity or performance of this Agreement, waives any objection to the laying of venue of any such litigation in the Ohio Courts and agrees not to plead or claim in any Ohio Court that such litigation brought therein has been brought in any inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the Ohio Courts.
5.5 We have a legal obligation to comply with U.S. laws and regulations. We may use certain information you provided to us on your application to ensure our compliance with export and other regulations by screening you against lists prepared by federal government agencies, such as those prepared by the Office of Foreign Assets Control of the U.S. Department of the Treasury. You hereby consent to the transfer of your personally identifiable information to third-party screening services that we have retained solely to conduct such screenings.
5.6 In the event that any provision of this Agreement is found to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable, and the remainder will continue in effect, to the extent consistent with the intent of the parties as of the Effective Date.
6. ACCOMMODATIONS & SERVICES.
6.1 Requests for airport transfer service must be made at least 2 weeks in advance of arrival by visiting Link. Airport transfers are available for your initial arrival on campus for flights arriving at Dayton International Airport (DAY). We cannot guarantee a reservation for a request made less than 2 weeks in advance.
6.2 You are required to commit to a reservation in approved UDayton Global housing. We will provide you with a housing contract containing the terms of your residency. We reserve the right to terminate your residency if you are dismissed or withdraw from your program. Please be aware that we will only waive the housing requirement in extenuating circumstances. If you meet the conditions outlined in the housing waiver request form, you may submit the waiver request for review and decision. Contact your Student Success Coordinator for additional information. If you cancel your enrollment prior to your move-in date you may be eligible for the refunds listed in the cancellation schedule below. Meal plans are optional for graduate students.
6.3 All international graduate students are required to be covered by health insurance that meets all United Statesgovernment, Ohio, local, and University of Daytonrequirements. To that end:
a. You are required to purchase coverage from a UDayton Global-designated health plan as a condition of enrollment.
b. Information about mandatory immunization requirements may be reviewed here: Link, and the mandatory immunization forms may be obtained here: Link. You must have completed immunization documentation prior to class registration in order to enroll in any courses. All immunization forms must be translated into English.
c. You are solely responsible for the payment of any premiums or other costs associated with maintaining health insurance coverage. Be advised that the cost of health insurance is non-refundable.
d. You must be enrolled in UDayton Global to be eligible for coverage under the UDayton Global-designated health plan. Your coverage will be terminated if you are dismissed or withdraw from the program.
7. OTHER POLICIES, PROCEDURES AND REQUIREMENTS.
7.1 Please familiarize yourself with University of Dayton’scalendar for holidays and vacations. Classes will not be held on designated school vacations and may be cancelled on public holidays. We do not provide refunds for classes not offered due to planned or unplanned school closures.
7.2 You must complete your coursework in consecutive semesters. This requirement may be waived by the Managing Director of UDayton Global only in extenuating circumstances.
7.3 Students are accepted to UDayton Global with the understanding that they will adhere to the University of Dayton’s Policies which can be found at Link and the University of Dayton’s Academic Honor Code, which can be found at Link, each of which may be amendedfrom time to time. You may be suspended or expelled if you violate any of University of Dayton’s policies, rules, or regulations, which may result in the revocation of your immigration, and you will not be allowed to continue in the program if you do not meet the minimum standards set by UDayton Global. If you are unable to continue due to a suspension or expulsion or because you have failed to meet the minimum standards set by UDayton Global, you may be offered advice on suitable alternatives, including repeating courses or dismissal from UDayton Global. These alternative options may involve additional time and costs, including tuition and other fees which may require presenting additional proof of finances.
7.4 You may be suspended or expelled if you violate any of UDaytonGlobal’sor University of Dayton’s policies, rules, or regulations, which may result in the revocation of your immigration status.
7.5 If you are dismissed from UDayton Global for any reason you may not-reapply to UDayton Global.
8.1 University of Dayton is a U.S. accredited university. If you wish to live and work in your home country, you may be required by your employer or your home country’s education authority to submit your degree for verification (sometimes called “validation” or “authentication”). It is your responsibility to determine what level of verification is needed and how to obtain it. While we do not guarantee that your University of Dayton degree will be verified outside of the United States, degree verification does not impact the validity or value of your degree in the United States. We also do not guarantee that credits earned at University of Dayton will be transferrable to systems of higher education outside of the U.S. Whether and how much transfer credit to award you is in the discretion of each foreign institution.
8.2 All internship and externship opportunities, such as CAP Premier, will be awarded by a third-party organization at such organization’s sole discretion.