Terms of service

  1. REPRESENTATIVE RESPONSIBILITIES

    As per your Representative Agreement; the Education Agent must:

    1. Actively promote the Provider and recruit suitable students for the Provider programs. In promoting the Provider and recruiting students, the Representative must:
      1. Ensure strict levels of confidentiality and transparency, act with integrity, in good faith and in the best interests of the student and in an ethical, honest, careful, competent and responsible manner;
      2. provide accurate, current, adequate and openly accessible information about the Provider and its programs to potential students; and
      3. use only promotional material supplied by the Provider and must not make any changes to that promotional material unless prior approval to the change is given by the Provider in writing;
    2. Place advertisements (the content and placement of which must be approved by the Provider prior to placement), conduct seminars, and distribute promotional material in order to effectively promote the Provider;
    3. Ensure all advertising material:
      1. is approved by the Provider prior to publication and complies with the publication and advertising guidelines of the Provider;
      2. contains the appropriate Provider logo as per the Provider’s guidelines;
      3. clearly identifies the Provider’s name and the Provider’s CRICOS numbers and in addition complies with:
        1. Australian government regulations;
        2. the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (“National Code”);
        3. the Education Services for Overseas Students Act 2000 (Cth) and associated regulations (“ESOS Act”);
        4. the National Standards for Foundation Programs made under section 176C(1) of the ESOS Act (“Foundation Programs Standards”);
        5. the Tertiary Education Quality and Standards Agency Act 2011 (Cth) and associated regulations (“TEQSA Act”); and
        6. the Higher Education Standards Framework (Threshold Standards) 2015 made under section 58 of the TEQSA Act and any subsequent amendments to those standards or another other higher education standards made under section 58 of the TEQSA Act (“Higher Education Standards”).
    4. Inform prospective students that:
      1. Students who come to Australia on a student visa must have a primary purpose of studying and must study on a full time basis; and
      2. Any school-aged dependants who accompany the student to Australia are required to pay full school fees if the dependant is enrolled in either government or non- government schools;
        1. the Higher Education Standards Framework (Threshold Standards) 2015 made under section 58 of the TEQSA Act and any subsequent amendments to those standards or another other higher education standards made under section 58 of the TEQSA Act (“Higher Education Standards”).
    5. Inform prospective students that:
      1. Students who come to Australia on a student visa must have a primary purpose of studying and must study on a full time basis; and
      2. Any school-aged dependants who accompany the student to Australia are required to pay full school fees if the dependant is enrolled in either government or non- government schools;
    6. Give prospective students, free of charge and before they complete an application, information (in the form provided by the Provider to the Representative) about:
      1. The Provider, its campus location(s), facilities, equipment and learning resources available to students;
      2. The Provider’s courses, including:
        1. course content, structure, assessment and duration;
        2. when and where the courses will be offered, including the units that will be offered in any teaching period;
        3. the qualification(s) offered;
        4. credit points associated with each course or qualification and the terms upon which credit may be granted;
        5. admission criteria, and the potential for recognition of prior learning and credit and articulation to and from other studies;
        6. the minimum level of English language proficiency, educational qualifications and work experience required for acceptance of the student into a course;
        7. possible modes of study and assessment methods;
        8. availability of student support; and
        9. details of any arrangements between the Provider and any other education provider to provide all or part of the relevant courses;
      3. The Provider’s registration status under the ESOS Act and the TEQSA Act;
      4. The obligations of students and their liabilities to the Provider (including expected standards of behaviour, financial obligations, critical deadlines,policies for change of enrolment and leave of absence, disciplinary procedures, misconduct and grounds for suspension or exclusion);
      5. The Provider’s current academic governance policies and requirements (including appeals, grading, academic integrity, equity and diversity, and intellectual property);
      6. The accreditation status of each of the Provider’s courses;
      7. The formal recognition of each course of study by professional bodies;
      8. Fees for the Provider courses (including course-specific costs and tuition protection), other relevant fees and fee refund conditions, and the potential for changes to fees and costs during the Provider’s course;
      9. The grounds on which the student’s enrolment with the Provider may be deferred, suspended, withdrawn or cancelled;
      10. The Provider’s policies on changes to or withdrawal from offers, acceptance and enrolment;
      11. The mechanisms available for resolving grievances about any aspect of the student’s experience with the Provider or the Representative;
      12. Pathways to employment and eligibility for registration to practise (if applicable);
      13. Contact points, orientation and induction, delivery arrangements, technical requirements for access to IT systems for online activities, timetables, access to learning resources, avenues to participate in decision making and opportunities to participate in student representative bodies;
      14. Living in Australia and the local environment of the relevant campus, including information about indicative costs of living and accommodation options;
      15. A description of the Education Services for Overseas Students legislative framework;
      16. Visa requirements which must be satisfied, including English language proficiency levels and Overseas Student Health Cover;
      17. The prospective student’s relationship with the Provider, including any contractual arrangements, the Provider’s obligations to the prospective student and the prospective student’s rights and obligations with respect to the Provider; and
      18. Any other matters as notified by the Provider to the Representative from time to time;
    7. Ensure that the information outlined in paragraph 1.5 is in plain English and where practicable, is accompanied by an explanation of any technical or specialised terms;
    8. Take reasonable steps to avoid conflicts of interests with its duties as Representative for the Provider;
    9. Complete the “Agent Declaration” accurately and provide any associated documents or evidence of assessment as required by the Provider;
    10. Ensure all contact details of the prospective student are complete on the application form and the application form is signed by the prospective student only (unless the prospective student is under 18 years of age in which case the application form must be signed by the prospective student’s parent or legal guardian);
    11. Ensure all relevant staff of the Representative and all students and prospective students read and understand all correspondence sent from the Provider in relation to the student’s application;
    12. Advise the prospective students that if their student visa application is refused the Provider must refund their fees paid to the Provider in accordance with the ESOS Act. The Representative must obtain an address (not the Representative’s address) from the prospective student for the Provider to communicate with the prospective student and forward this address to the Provider;
    13. Provide any offer, post offer or other documents relating to a student, such as eCoE (“electronic Confirmation of Enrolment”) or pre-departure information, received from the Provider to the student within three (3) business days of receiving those documents;
    14. Where the Representative charges a prospective student for their services, inform the Provider at least once each calendar year of the charges made in the prior 12 months and a description of the services provided for these charges and respond in a timely fashion to any further enquiries that the Provider may have from time to time in relation to such charges;
    15. Keep up to date with Australian Government student visa regulations and inform students of visa and migration issues relating to their application and study in Australia (except to the extent that doing so would breach the Migration Act 1958 or other applicable law);
    16. Have a reasonable level of knowledge and understanding of the international education system in Australia, including the Australian International Education and Training Agent Code of Ethics;
    17. Assist the International Development Manager by conducting prospective student interview programs and attending seminars as requested;
    18. Inform the Provider of upcoming events and exhibitions suitable for representation by the Provider in their country;
    19. Promptly report to the International Development Manager any complaints or comments received from students or prospective students regarding the Provider or the Representative;
    20. Clearly display the Provider Certificate of Representation in its Head Office;
    21. On request by the Provider, promptly provide certified documentation for each applicant in accordance with the guidelines for certifying documents;
    22. Take all reasonable steps within its control to ensure that the Provider complies with its obligations under the National Code, the ESOS Act, the Foundation Programs Standards, the TEQSA Act and the Higher Education Standards in relation to dealings between:
      1. The Provider and the Representative;
      2. The Provider and a student or prospective student; and
      3. the Representative and a student or prospective student;
    23. Immediately notify the Provider if the Representative receives from any Australian Government department or body, a production notice or attendance notice given under the ESOS Act (or any other legislation) and, unless restricted by law, provide a copy of that notice to the Provider;
    24. Notify the Provider in writing, within seven (7) days of any changes to the contact details of the Representative;
    25. Maintain during the term of this Agreement appropriate registrations and authorisations as required by relevant governing authorities or offices in the regions, countries or jurisdictions in which the Representative is to perform recruitment services;
    26. Comply with the National Code, ESOS Act, the Foundation Programs Standards, the TEQSA Act, the Higher Education Standards, Privacy Act 1998 and all other applicable Australian and foreign laws;
    27. Comply with its obligations set out in this agreement, assist the Provider in the Monitoring Processes outlined in the International Representation Policy and comply with any directions or requirements reasonably imposed by the Provider following any monitoring activity undertaken by the Provider;
    28. Comply with all other requirements notified by the Provider to the Representative from time to time which relate to the Provider’s or the Representative’s obligations under the National Code, the ESOS Act, the Foundation Programs Standards, the TEQSA Act, the Higher Education Standards or any other Australian or foreign law, code or industry practice; and
    29. Ensure all Representative staff have appropriate knowledge and understanding of the international education system in Australia, including the Australian International Education and Training Agent Code of Ethics.
    30. The Representative will declare in writing to the Provider, any conflicts of interest with its duties as a Representative of the Provider and will take reasonable steps to avoid such conflicts of interest.
    31. The Representative must only recruit students from the “Designated Territories” as defined in the “Representative’s Contact Details”. The Representative must seek approval from the Provider if the Representative intends to recruit students from other territories not listed in the “Representative’s Contact Details”.