Common use of RESPONSIBILITIES OF THE AGENT Clause in Contracts

RESPONSIBILITIES OF THE AGENT. a) Under this Agreement the Agent must: i. Promote the School and its courses in the countries/regions specified in 1(c). ii. Recruit and assist in the recruitment of prospective students to undertake courses at the School in accordance with the current policies and procedures of the School. iii. Provide prospective students with any necessary information required under the ESOS Act and The National Code including information about the courses, facilities and services of the School. iv. Assist in completing and submitting application forms to the School. v. Provide the school with up to date agency details required under ESOS legislation for publishing on the school website (ESOS legislation requirement): -Agency Name - Name of principal agent - Legal entity - Street address(es) vi. Undertake online ISANA/AEI training as specified by the school. b) In performing these services, the Agent must: i. Promote the School with integrity and accuracy and recruit prospective students in an honest and ethical manner. ii. Inform prospective students accurately about the requirements of the School using only material provided or approved by the School. iii. Take reasonable steps to confirm the accuracy of information provided by prospective students in the application. iv. Ensure that only signed and completed applications are submitted to the School. v. Ensure that relevant fees and charges and supporting documentation accompany each application and acceptance of offer documents. vi. Ensure all signed Acceptance of Offer documents are forwarded to the school promptly. vii. Provide any offer documents received from the School to the prospective student within 24 hours of receiving the offer documents. viii. Only undertake promotional and marketing activities involving the School that have been approved by the School. c) As per the requirements of the ESOS Act and The National Code, the Agent must not engage in dishonest practices, including: i. Recruiting or attempting to recruit a student currently studying with another Australian education provider. ii. Suggesting that a student come to Australia on a student visa for any reason other than for full- time study. iii. Facilitate the enrolment of students who the Agent believes will not comply with the conditions of their student visa (non-genuine/non bona fide students). iv. Provide prospective students with immigration advice unless the agent is a separately registered migration agent (Migration Act 1958). d) In addition to 3(c) the Agent must not: i. Engage in false or misleading advertising or recruitment practices including misleading comparisons with any other education provider or their courses or inaccurate claims regarding any association between the School and any other education provider. ii. Facilitate applications by students who do not meet the visa criteria or make any guarantees about the likelihood of obtaining a student visa. iii. Give false or misleading information relating to course fees payable or acceptance into a course. iv. Receive or bank course fees payable to the School by a prospective student; add additional or deduct any fees from the amount payable by the student to the School. v. Commit the School to accept any prospective student into a course. vi. Use or access PRISMS without the prior written consent of the School. vii. Recruit or attempt to recruit a prospective student who the agent knows to have engaged the services of another representative of the School. viii. Sign or encourage others to sign official documents, such as the application form, on behalf of the prospective student unless the student is under 18 years of age and that person is the prospective student’s parent(s)/legal guardian. ix. Submit an application to the School on behalf of a student if the Agent is aware the prospective student has applied to other education providers. x. Submit an application to the School on behalf of a student the Agent is aware has been rejected by an education provider for a similar course. e) The Agent must ensure that all staff of the Agent are aware of the requirements of the ESOS Act and The National Code. f) Unless the School agrees otherwise in writing, the cost of advertising and promotional activities undertaken by the Agent will be borne by the Agent.