International Agency Recruitment Contract by houseinmycloset

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									                                     Agency Contract



PARTIES



1.        Canterbury International College (“CANIC”)



2.        _________________________________________________ (“Agent”)




BACKGROUND



A. The College offers tuition for international students while in New Zealand.

B. The Agent wishes to promote and organize tuition for international students on

     behalf of the College.

C. The College and the Agent have agreed on the following terms and conditions:



AGREEMENT

1) APPOINTMENT AS AGENT

     I agree to act as an Agent for CANIC, in return for an Agent’s fee; I will carry out

     the following:

     a) Use best endeavours to promote the tuition being offered by CANIC and carry

          out the Agent services expeditiously and with skill, care, judgment and

          diligence.

     b) Only promote the tuition being offered by the College in accordance with the

          College’s promotional material and shall not commit the College to any

          obligation to provide student tuition without the College’s prior write approval.

     c)   Supply the College with such information in its possession or under its control

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        relating to the performance of the Agency service as the College may

        reasonably require by notice from time to time.

   d) Be liable for all costs, expenses and outgoings incurred by the Agency or by

        any employee or by any other person acting on behalf of the Agent in carrying

        out the Agency services and shall not without the prior written approval of the

        College.

            I.    Incur any expenses in the name of the College

         II.      Pledge the credit of the College

        III.      Enter into any arrangement with any person that places an obligation on

                  the College without its knowledge and written agreement.

   e) Comply with all statutory and regulatory laws, in particular with advertising

        requirements and consumer laws, which are applicable to the relevant

        countries in which the College’s tuition and homestay services are being

        marketed and promoted by the Agent.

   f)   Comply with the New Zealand Code of Practice for the Pastoral Care of

        International Students.

   g) Market and promote the College’s tuition on the best possible terms consistent

        with good business practice and in so doing promote the image of NZ

        education to the best of its ability.

   h) Arrange for the student to have a NZ resident Guardian and ensure that the

        student is provided with a replacement Guardian if the one nominated at the

        time of enrolment becomes unavailable.

   i)   Assist the student with all the steps of the enrolment process:

        •        Ensure the College receives all relevant documentation (reports).

        •        Ensure that all immigration requirements (visa etc.) are met

        •        Ensure that the student has Medical Insurance

        •        Establish that the student has reasonable and stable accommodation

                 arrangement.



The Agent shall be provided with the College’s Tuition Agreement and Application for


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Enrolment for international students at the commencement of this Agreement. Please

refer to www.canic.ac.nz. All recruitments must be made on the basis of these

Agreements as amended by the College from time to time.



2) TERM

   This agreement shall commence on the date of signature and continue in force for

   5 years period or until terminated under clause 4.



3) COMMISSION

   a) Subject to the Agent complying with, observing and performing this

       Agreement in every respect, the Agency shall be entitled to commission of

       25% of the first year’s tuition fee; All commission will be paid 8 days after

       student start their course at CANIC and comply with Agent’s invoice.

   b) Commission shall only be paid where, in respect of a student for whom the

       college has accepted, the student’s application for tuition is on the form

       ‘Application for Enrolment for International Students’.

   c) Commission shall only be paid to the first agent who sends the “Application

       Form” to CANIC, and CANIC accepts the student.

   d) Any withdrawal and refund to the student is subject to the College Enrolment

       Policy. The Refunds Policy below is also stated in the International Students

       Prospectus.



Refund Policy:

Requests for withdrawals must be made in written form.

    If notification is received in writing before the course starts that the student

    wishes to withdraw from the course, the student will receive a refund subject to a

    deduction of 10% of the course fees (including the enrolment fee) or $500, which

    ever is the lesser amount.




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    If the student withdraws from the course within the first 8 days, the student will

    receive a refund subject to a deduction of 10% of the total course fees (including

    the enrolment fee) or $500, which ever is the lesser amount.

    Refunds, after 8 days, may be approved at the discretion of the directors.

Requests for withdrawals must be made in written form, stating the special

circumstances of the claim. In arriving at its decision, the Directors will take

into consideration any special circumstances of the student and:

    Costs already incurred by the Directors of the College.

    The salaries of the teachers and support staff and any components of the fee

    already committed for the duration of the course.

    An amount, which covers use of the facilities and resources to date of withdrawal.

NB: If the students withdraw from the College, then the NZIS will be notified.



4) TERMINATION

   Either party may terminate this Agreement without cause giving 14 days notice in

   writing to the other party. This Contract may also be terminated should the Agent

   breach the Code of Practice.



5) INDEMNITY

   The Agent shall indemnify the College 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.



6) 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 conjunction with, this Agreement, the Agent irrevocably submits to the

   jurisdiction of the courts of New Zealand.


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7) 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.



8) CODE OF PRACTICE

  The Agent has seen a copy of the Code of Practice for the Pastoral Care of

  International Students. This may be either a written copy or on the Ministry of

  Education’s website: www.minedu.govt.nz/goto/internatioanl



9) ENTIRE AGREEMENT

  This Agreement contains the entire Agreement of the parties. The terms of the

  Agreement may not be changed orally but only by agreement in writing signed by

  both parties. Two signed copies of this Agreement will be sent to the Agent who

  will sign and return one copy to the College.




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Please send two signed copy back to: Canterbury International College,

P.O.BOX80045, Riccarton, Christchurch 8440, New Zealand.

Agent Information:

Name of Contact Staff: ……………………………………………………………

Name of Agent:………………………………………………………………………..

Address: ………………………………………………………………………………….

Phone: ………………………………………………………………………………… …

Fax: ………………………………………………………………………………………..

Email: ………………………………………………………………………………….…



Canterbury International College

Address:          62 Ferry Rd, Christchurch City, Christchurch 8440, New Zealand

Postal Address:   P.O.BOX 80045, Riccarton, Christchurch 8440, NZ

Phone:            0064-3-377 0839

Fax:              0064-3-377 0835

Email:            admin@canic.ac.nz

Website:          www.canic.ac.nz / www.canic.school.nz



Signed                                Signed


_____________________________         _____________________________
(Agent)                               (CANIC)



Date:                                 Date:




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