Educational Representatives/ Agents Agreement Agent Documents

2013

Educational Representatives/Agents Agreement

Between

European College for Higher Education 69 Lawrence Road Tottenham London N15 4EY United Kingdom (hereafter referred to as ‘ECHE’)

And

Organisation:

Address:

Post/Zip Code:

(hereafter referred to as ‘THE AGENT’)

(Agreement invalid without the Letter of Authorisation)

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Representative’s Area of Operations:

Whereas ECHE appoints the AGENT as its representative in the area of operations specified above for all of its programmes and courses offered, unless otherwise stated in any form of communication, on the terms specified below.

ECHE - Commitment

1. ECHE agrees to grant the AGENT the authority to introduce and to recommend individual students to ECHE in accordance with the admission standards and policies of ECHE, and/or any other guidelines agreed by both parties.

2. ECHE shall endeavour to provide the AGENT complete and up-to-date information on College with regard to the programmes, course structures, fee schedules, admissions policies, and other important aspects, through one or more media including its website, so as to assist in the proper counselling of prospective students. At its own expense ECHE shall provide the AGENT with samples of its prospectus, information leaflets, application forms, and other useful promotional materials. In addition, the AGENT is given permission for unlimited reproduction and distribution of its publicity materials at its own initiative and expenses, so long as that has no negative impact on the image of ECHE. The agent is responsible for maintaining the quality of such material.

3. ECHE shall endeavour to answer all enquiries and send all correspondences and related documents to the AGENT promptly via the most suitable and cost effective means.

4. ECHE shall send all the necessary documents to the AGENT for student visa application, as per its policies in force at the time of application. The AGENT agrees that such policies are amendable unilaterally by ECHE.

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Admissions, Fees and Refunds Procedure

Note: Because the immigration rules are subject to occasional changes and our policies and procedures will, in the event of such changes, necessarily have to be changed to conform to any new rules, both our Admissions and Refunds Procedures are attached to this documents as an annex to this document. In the event of any changes in the immigration rules these annexes will be updated to reflect these changes.

See: Annex A.

Commission Payments

1. For each individual student ‘admitted’ to ECHE who has secured a visa and has been sent by the AGENT for further registration procedures at ECHE, it shall pay to the AGENT a professional fee (commission) amounting to the percentage of the Minimum Tuition Fees paid by or on behalf of the student for his/her academic courses, but NOT on any monies paid after their arrival at ECHE, at the following rates;

a) X% of the Minimum Tuition Fees paid by the student if the number of students sent to ECHE by the AGENT is less than ten. b) Y% of the Minimum Tuition Fees paid by the student if the number of students sent to ECHE by the AGENT is between eleven and twenty. c) Z% of the Minimum Tuition Fees paid by the student if the number of students sent to ECHE by the AGENT is twenty one or above.

2. Payments shall be made only on receipt of invoice, which must include the student’s name, student ID number (or date of birth), the courses of study and commencement date.

3. The student must enter the Agent ID for the recommending agent or representative on top of the Student Application Form (Form E3). If the AGENT fails to ensure that this entry is made the application will be considered to have been made without the recommendation of the AGENT and it will not warrant any commission to the AGENT. ECHE shall not pay a 3 ECHE Agents Agreement 2013

commission if the student had already submitted an application form to ECHE without the AGENT’s involvement.

The AGENT - Commitment

1. In addition to complying with the ECHE Ethics Policy and the Code of Ethics laid down by British Council & QISAN, the AGENT also undertakes to adhere to the following codes of practice (adapted from the British Council/Education UK ‘Guide to good practice for education agents’).

2. The AGENT shall at all times conduct itself with integrity and in a manner that will reflect positively on the image of its profession and of ECHE as reliable and trustworthy providers of high quality education. This standard of conduct underpins the others that follow and encompasses all aspects of the AGENT’s activities.

3. The AGENT shall promote itself and ECHE in a professional and ethical manner and shall ensure that their business activities reflect best practice. This standard of conduct refers both to ethical behaviour (doing the right thing) and to standards of professionalism (doing it well). Best practice means that an agent’s business activities should not be of a kind that might bring discredit on ECHE or UK education generally.

4. The AGENT shall be honest in communicating information about itself, ECHE and potential students in published, oral or any other form. It shall not knowingly or by a failure of professional standards provide or disseminate false, incomplete or misleading information. This standard of conduct is closely related to clause 5 and refers to any information released by the AGENT on behalf of ECHE about facilities, entry requirements, admissions processes, course content, fees or any other matter. All claims made by the AGENT about itself, ECHE or students shall be capable of being substantiated. This standard of conduct also applies equally to information provided about potential students in applications to ECHE and visa authorities. In particular, information provided to potential students shall be sufficient to enable them to make an informed judgement. The inclusion of the word ‘incomplete’ in this standard is especially important: the AGENT shall not in published or orally delivered information omit any fact which may reasonably be of material relevance to an international student, where an omission might be construed as being misleading. The accidental production or dissemination of incorrect or incomplete information is likely to be viewed in itself evidence of a failure to adhere to professional standards, except where there is 4 ECHE Agents Agreement 2013

compelling evidence to suggest otherwise. In summary, this standard requires agents to provide full, honest and accurate information about ECHE and the courses and facilities we offer.

5. The AGENT shall promote themselves and ECHE fairly and without recourse to unfavourable or negative comparisons with other institutions, or otherwise employ unfair or unprofessional practice to damage the interests of other institutions. This standard of conduct refers to any attempt by the AGENT to gain advantage for ECHE by using information about other institutions negatively. Using verifiable data to show the standing of ECHE in relation to others is acceptable, but this practice shall not be executed in such a manner as to discredit other institutions. This means the AGENT should promote ECHE by focusing on the strengths and achievements of their ECHE rather than by making unfavourable comments about competitors.

6. The AGENT shall act at all times in the best interests of students or prospective students as well as ECHE. It shall offer advice and counselling and provide information to students, and where appropriate their parents, in a manner consistent with this principle. This standard of conduct is fundamental to good practice in education marketing and student recruitment. It refers not only to truthfulness and accuracy, but also to appropriateness. An example of inappropriate advice would be encouragement of a student to enter a course of study for which they were inadequately prepared in terms of language proficiency or academic attainment. The standard also includes advice or information given to sponsors of students and other such bodies or persons as well as directly to students. Again, the omission of salient information in an effort to secure the placement of a student is likely to be judged as a breach of this standard.

7. The AGENT shall conduct itself with due regard to the regulatory conditions in the market(s) in which they operate. It shall comply with all applicable national laws, regulations and official policies.

8. The AGENT shall conduct itself with due regard to the need for transparency and openness in all its dealings with ECHE.

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Termination of an Agent Agreement

This Agreement is subject to cancellation by either party on written notice of two (2) weeks given via post, email or in person. The Agreement shall be valid for one (1) year from the date of signature. Any renewal of the Agreement will have to be negotiated prior to the expiry of current agreement.

If ECHE becomes aware that the AGENT is engaging in false, misleading or deceptive conduct or otherwise contravening ECHE’s norms, ethics and obligations, ECHE will immediately advise the AGENT in writing to cease that activity. Following its investigation of the activities of the AGENT, ECHE may immediately terminate this Agreement and stop accepting students from the AGENT. ECHE reserves the rights to seek all moral, legal and/or financial redress in both the UK and the country of the AGENT in order to secure its reputation and interests should such unfortunate situations arise.

Headings

Headings contained in this Agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to by any indication of the meaning of the clauses to which they relate.

Joint and Several

All agreements on the part of either of the parties, which comprise more than one person or entity, shall be joint and several and the neuter singular gender throughout this Agreement shall include all genders and the plural and the successor in title to the parties.

Proper law and jurisdiction

This Agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England. 6 ECHE Agents Agreement 2013

Any proceedings arising out of or in connection with this Agreement may be brought in any court or competent jurisdiction in England and Wales.

Any submission by the parties to such jurisdiction shall not limit the right of ECHE to commence any proceedings arising out of this Agreement in any other jurisdiction it may consider appropriate.

Right Cumulative

All rights granted to either of the parties shall be cumulative and no exercise by either of the parties of any right under this Agreement shall restrict or prejudice the exercise of any other right granted by this Agreement or otherwise available to it.

Waiver

The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.

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THE TERMS OF THIS AGREEMENT ARE HERETO AGREED BY:

Signed for and on behalf of European College for Higher Education:

Signature: _______________________ Name: European College for Higher Education’s Stamp:

Position: _______________________

_______________________

Date: _____/____/20

Signed for and on behalf of the AGENT:

Signature: _______________________ Organisation’s Stamp:

Name:

_______________________

Position: _______________________

Date: _____/____/20

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