International Fee Paying Students

Agent’s Contract Parties: and

Thorndon School Board of Trustees (education provider) ............................................................. (agent)

Background Thorndon School has agreed to appoint the Agent for the purpose of recruiting International Fee Paying students to the School and the parties now wish to record the terms of their agreement. Written contracts with agents are required, whether they be for recruitment and/or accommodation. Thorndon School’s written contract sets out the terms and conditions for the partnership. It includes a biannual review date for the contract. The school understands that Agent contracts that are reviewed regularly provide for the opportunity to develop a long and trusted partnership and address issues that arise. This contract requires that the Agent musty also adhere to the Thorndon School procedures related to International Fee Paying Students, where these are appropriate. Agreement 1.

Appointment as the Agent

The School appoints the Agent on a non-exclusive basis as its agent to carry out the following services on behalf of the School (delete that which is not applicable):    

Assist with arranging homestay care for students; Promote the School to overseas students by appropriate means; Obtain tuition applications that are acceptable to the School from overseas students; Assist the school in obtaining homestay applications that are acceptable to the School from New Zealand families

2. Agent’s Obligations In the performance of the services set out in clause 1, the Agent shall at all times comply with the instructions of the School and with all relevant New Zealand and international laws. The agent shall promote the tuition and homestay services in accordance with the School’s promotional material and shall only commit the School to any obligation to provide a student with tuition on the basis of the School’s directions. The Agent shall conduct the recruitment of international students at all times in an ethical and responsible manner. The Agent shall be liable for all costs, expenses and outgoings incurred by it or by any of its employees or representatives in carrying out the services and shall not, without the prior written approval of the School:   

3.

incur any expenses in the name of the School pledge the credit of the School enter into any arrangement with any person that places an obligation on the School without first obtaining the written approval of the School. Evaluation of International Students

In securing tuition and/or homestay applications from international students the Agent must:   

evaluate the proficiencies and aspirations of students against the educational opportunities offered by the School; not decline an appropriate international student unless specifically requested to do so by the School not recruit an international student unless the Agent is entirely satisfied that the student is suitable.

The Agent shall be provided with the School’s standard agreements and procedures for enrolments. These may be amended by the School from time to time. 4.

Term

This agreement continues in force until terminated in accordance with clause 9. 5.

Commission (there is no commission)

Subject to the Agent complying with, observing and performing this agreement in every respect, the Agent shall be entitled to commission for the successful recruitment of international students to Thorndon School. The level of this commission will be set by the Agent and is charged to international students in addition to the Tuition Fees. The Agents shall be responsible for the payment of all taxes and levies on the commissions. 6.

Collection of fees

The Agent is responsible for the collection of all fees from the parents / caregivers of the enrolled students. These fees include the tuition and /or homestay costs. The Agent will deposit these with the school in advance of the costs being incurred. 7.

Immigration requirements

The Agent is responsible for ensuring that the students have valid passports and visas prior to the beginning to the school term. These include checks for health insurance. 8.

General information

The Agent shall assure the school that all the information sought from parents and supplied to the school prior to the enrolment of the students is true and correct. The information provided to the school is easily understood by the school. 9.

Termination

Either party may terminate this agreement by giving one term’s notice in writing to the other party. 10.

Indemnity

The Agent shall indemnify the School and hold it harmless from any and all costs and expenses including legal expenses and losses, damages and claims of every kind arising out of or in any way relating to the operation of the Agent’s business, or any act or omission of the Agent, its employees or Agents acting on its behalf while undertaking any aspect of the agency services. 11.

Confidentiality

All matters relating to this agreement (including its terms and conditions) and all information acquired or received by either party to this agreement in the course of providing the agency services shall be held and kept confidential, shall be used only for the purposes of implementing this agreement and shall not be disclosed by the other party except:    12.

as required by law in good faith in proper furtherance of this Agreement with the prior written consent of the other party. Governing Law

This agreement shall be construed and take effect in accordance with the domestic laws of New Zealand. In relation to any legal action or proceedings arising out of or in connection with this agreement the Agent irrevocably submits to the jurisdiction of the courts of New Zealand. 13.

Disputes

Should any dispute or difference arise between the parties concerning this agreement they agree that they will, in good faith, endeavour to resolve the dispute by consultation and negotiation. However, if the dispute remains unresolved for a period of 30 days or more then it is open to either party to take such steps as it considers appropriate. 14.

Entire Agreement

This agreement contains the entire agreement of the parties. The terms of the agreement may only be challenged in writing signed by both parties. Thorndon School is a signatory to the New Zealand Code of Practice for the Pastoral Care of International Students ("the Code"). Agents of Thorndon School must comply with the Code. If the Agent breaches the Code, this contract may be terminated for that breach. Included in the Code is reference to the ethical requirements for international student recruitment agents, entitled: ‘London Statement of Principles’. The Code is available on request from the school or on the NZQA web site: www.nzqa.govt.nz/providers-partners/education-code-of-practice

Execution Signed for and on behalf of the parties by:

...........................................................

(Principal, Thorndon School))

...........................................................

(Agent)