- Undertake and provided evidence of completion the Education Agents Training Course (EATC) offered by PIER (Professional International Education Resources) or a recognized equivalent and belong to a professional association representing education agents where one exists.
- Avoid conflicts of interest and declare any that exist. Conflicts of interest may include, but are not limited to:
- when the agent charges services fees to both overseas students and registered providers for the same service:
- where an education agent has a financial interest in a private education provider; or
- where an employee of an education agent has a personal relationship with an employee of the education provider.
- Cooperate with ASQA by providing accurate and factual responses to requests for information as required and in the conduct of audits and the monitoring of Level Up Education and Training Academy operations as required.
In performing these services, the Agent must:
- Promote Level Up Education and Training Academy with integrity and accuracy and recruit prospective students in an honest and ethical manner.
- Inform prospective students accurately about the requirements of Level Up Education and Training Academy using only material provided or approved by Level Up Education and Training Academy.
- Take reasonable steps to confirm the accuracy of information provided by prospective students in the application.
- Ensure that only signed and completed applications are submitted to Level Up Education and Training Academy.
- Ensure that relevant fees and charges and supporting documentation accompany each application and acceptance of offer documents.
- Ensure all signed Acceptance of Offer documents are forwarded to Level Up Education and Training Academy promptly.
- Provide any offer documents received from Level Up Education and Training Academy to the prospective student within 24 hours of receiving the offer documents.
- Recruiting or attempting to recruit a student currently studying with another Australian education provider.
- Suggesting that a student come to Australia on a student visa for any reason other than for full-time study.
- 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).
- Provide prospective students with immigration advice unless the agent is a separately registered migration agent (Migration Act 1958).
- 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 Level Up Education and Training Academy and any other education provider.
- Facilitate applications by students who do not meet the visa criteria or make any guarantees about the likelihood of obtaining a student visa.
- Give false or misleading information relating to course fees payable or acceptance into a course.
- Receive or bank course fees payable to Level Up Education and Training Academy by a prospective student; add additional or deduct any fees from the amount payable by the student to Level Up Education and Training Academy
- Commit Level Up Education and Training Academy to accept any prospective student into a course.
- Use or access PRISMS without the prior written consent of Level Up Education and Training Academy
- Recruit or attempt to recruit a prospective student who the agent knows to have engaged the services of another representative of Level Up Education and Training Academy
- 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.
- Submit an application to Level Up Education and Training Academy on behalf of a student if the Agent is aware the prospective student has applied to other education providers.
- Submit an application to Level Up Education and Training Academy on behalf of a student the Agent is aware has been rejected by an education provider for a similar course.
- The Agent must ensure that all staff of the Agent are aware of the requirements of the ESOS Act and The National Code.
- Unless Level Up Education and Training Academy agrees otherwise in writing, the cost of advertising and promotional activities undertaken by the Agent will be borne by the Agent.
Responsibilities of Level Up Education and Training Academy
Level Up Education and Training Academy must:
- Give the Agent sufficient information to enable the Agent to undertake its services, including information regarding the requirements of the ESOS Act and The National Code.
- Provide the agent with up-to-date and accurate marketing materials. This will be achieved through ensuring that whenever marketing materials are updated, the agent is notified of changes and provided with updated materials via email and/or in hard copy via post.
- Assess completed applications from prospective students within a reasonable time of receipt.
- Pay any fees within the agreed timeframe.
- Level Up Education and Training Academy is not required to accept any prospective student referred by the Agent.
- Provide approved materials for marketing of courses. Only approved materials may be used. If materials are changed Level Up Education and Training Academy will provide the Agents with the revised copes and all previous versions must be removed taken down or destroyed. Agents must confirm that these actions have been taken when new versions are provided.
Privacy
Level Up Education and Training Academy is required to collect Agent’s information which may be shared with the Australian Government as relevant for the purposes of
- promoting compliance with the ESOS Act and the National Code;
- assisting with the regulation of Agents;
- promoting compliance with the conditions of a particular student visa or visas, or of student visas generally; or
- facilitating the monitoring and control of immigration.
Agents should also note that information about Agents who have agreements with Level Up Education and Training Academy can be accessed by all CRICOS providers through PRISMS. Information that is provided includes:
- the outcome of the enrolments
- the percentage of completed COE’s by the Agent
- the number of COE’s created with the Agent’s involvement against the total number of COE’s created for the provider.
Confidentiality
The Agent must keep confidential:
All information provided by Level Up Education and Training Academy other than that which is needed to perform the services in accordance with this agreement for the period of this agreement and for a further 12 months after the termination of this agreement.
Terms of this Agreement
The terms of this agreement is ONE year from the date of the agreement.
Agent’s Fees
The fees payable are set out in Schedule 1.
Subject to the provisions of this clause, Level Up Education and Training Academy must pay the Agent’s fee for each student who:
- is recruited by the Agent
- is enrolled in a course
- has paid the course fee to Level Up Education and Training Academy; and
- has commenced the course and has had FOUR (4) weeks of satisfactory progress and attendance.
For the purposes of this Agreement, the Agent is regarded as having recruited the student under this agreement if the Agent submits the student’s signed application for enrolment and that application also bears the agent’s name.
An Agent’s fee is not paid where a prospective student applies directly to Level Up Education and Training Academy
No Agent’s fee is payable unless the Agent has submitted an invoice in a form approved by Level Up Education and Training Academy.
Level Up Education and Training Academy must pay the fees payable under this clause within 30 days of receipt of a valid invoice from the Agent.
Assignment and Sub-contracting
The Agent must not assign this Agreement or any right under this Agreement without the prior consent of Level Up Education and Training Academy
The Agent must not sub-contract to any person the performance of any of its obligations under this Agreement without the prior consent of Level Up Education and Training Academy.
The Agent remains liable for performing its obligations under this Agreement.
Monitoring of Agent’s activities
The Agent must participate in a range of activities undertaken by Level Up Education and Training Academy to review the performance of the Agent.
These may include
- Documented face to face meetings and/or teleconferences with agents.- at least every six months.
- Analysis of quality and quantity of applications on behalf of prospective students.
- Analysis of conversion rates from lodging applications to studying at Level Up Education and Training Academy.
- Provision by the Agent of a quarterly report documenting the number of students interviewed by the agent either in their officers or at other venues such as education fairs.
- Documenting on the agent’s file instances where students claim to have been misinformed about their studies at Level Up Education and Training Academy – all such instance will be discussed with the Agent. It should be expected that repeat performances the same issue may result in a warning and /or termination of this agreement.
- Documenting on the agent’s file instances where the agent has shown a lack of knowledge of student visa requirements or other matter relating to the student’s stay in Australia. All such instance will be discussed with the Agent. It should be expected that repeat performances the same issue may result in a warning and /or termination of this agreement.
- Surveying current and prospective students about the information provided to them by the education agent and the level of assistance given to the student to assist them in travelling to Australia.
- Level Up Education and Training Academy will also take into account reports from students where the number of students is a reasonable proportion of the students recruited by an agent (e.g. 3 in 10 students).
- Spot checks to be undertaken by representatives of Level Up Education and Training Academy both at the agent’s premises and at promotional events.
Level Up Education and Training Academy will report back to agents during the period of the written agreement to provide feedback on the agent’s performance.
Feedback will be discussed verbally and documented in the agent’s file and where corrective or preventative action is required; the agent will be informed of this in writing.
Where corrective and/or preventative action is required, the agent will be required to demonstrate that this action has been implemented within 2 weeks of receiving the notice.
If the agent does not implement the action required, their agreement will be terminated.
Corrective Action
If at any point during the term of this Agreement, Level Up Education and Training Academy believes or reasonably suspects that the Agent is negligent, careless or incompetent or is engaged in false misleading or unethical advertising or recruitment practices, the Agreement will be immediately terminated under the terms set out below.
Alternatively, Level Up Education and Training Academy may decide at its discretion to engage in corrective action with the Agent.
These activities may include but are not limited to:
- Targeted training on expectations of the Agent.
- Providing additional information.
Termination
Either party may terminate this Agreement at any time by giving the other party 30 days’ notice in writing If the Agent or its subcontractor breaches any part of this Agreement, Level Up Education and Training
Academy may terminate the Agreement at any time and with immediate effect by giving written notice to the agent.
On termination of this agreement, the Agent must:
- Submit all applications and fees from prospective students received up to the termination date; and
- Immediately cease using any advertising, promotional or other material supplied by Level Up Education and Training Academy and return all materials to Level Up Education and Training Academy.
- The termination of this agreement by either party does not affect any accrued rights or remedies of either party.
Dispute Resolution/Mediation
In the event of any grievance or disputed decision the Agent is able to access Level Up Education and Training Academy’s Complaints and Appeals Policy.
If the matter cannot be resolved through use of the Level Up Education and Training Academy’s Complaints and Appeals Policy.
Entire Agreement
This agreement and its schedules constitutes the full agreement between the parties as to its subject matter; and in relation to the subject matter replaces and supersedes any prior arrangement or agreement between the parties.
Variation
This agreement may only be varied in writing, signed by both parties.
Governing Law
This Agreement is governed by and construed in accordance with the law in force. The parties submit to the non-exclusive jurisdiction of the courts.
COMMISSIONS
Level Up Education & training Academy will pay the following commissions to the Education Agent upon the successful enrolment of students and payment of fees:
a) 30% + GST for each course (tuition fees only) that the student is enrolled in
The commission will be paid to the Education Agent on receipt of an original invoice showing the enrolment and the tuition fees paid. The invoice should include the student’s full name, date of birth and selected qualification(s). Payments for each course will only be made to the Education Agent after the student has started their course.
The Education Agent will be liable for any fees associated with international money transfers or transfers which involve different currencies.
Initial cheques or bank drafts provided by the International student to the Education Agent are to be sent to Level Up Education & training Academy or deposited into Level Up Education & training Academy’s account in Australia.
For the duration of this agreement, the following will apply:
a)Initial payment of course fees may be required from applicants
b)In the event that a student requires a refund, Level Up Education & training Academy’s Refund Policy and Procedure will apply.