RECITALS
A. International Student (hereon referred to as 'Student') wishes to study in Australia.
B. FYME (hereon referred to as the ‘Agent’) wishes to act as an agent for and on behalf of the Student and third-party Service Providers (hereinafter referred to as ‘Service Provider’) being: education providers, insurance providers, airline companies, tourism companies, accommodation, translation, and other related services.
1 STUDENT PROGRAM
1.1 Student Program
The Student who is undertaking the Student Program provided by a Service Provider hereby acknowledges the following:
(a) The Student will study with other students from other nationalities and different age groups, and may have a particular nationality in his/her class, depending on the time of year the Student starts the program or according to the supplier's target audience in Australia or depending on of the level of knowledge of the relevant participants;
(b) New classes often start frequently, usually every Monday, therefore as regularly as is reasonably possible the Student will not be placed in a class made up entirely of new students;
(c) The teaching methodology of the provider or school in Australia can be different from the methodology of your home country’s school;
(d) The Service Provider’s teachers and coordinators in Australia may not speak your native language and even if they know your native language or any other similar language, they will endeavor to use the English language to resolve any situation;
(e) There are no promises from the Service Provider and the Agent that the Student will return from their experience with fluent language knowledge as this will depend on numerous factors such as each individual's time of study, commitment, dedication, and learning ability;
(f) Australia's school grade change and assessment system is individualised, which means that some students may change their level at different periods and in a different timeframe than others and the decision whether to move on or move to another level is left to the responsible teacher or coordinator of each class;
(g) Where some form of proof, language proficiency test, face-to-face or virtual interview, or any document is required by the school, it is the responsibility of the Student to provide all relevant information within the time limit indicated so that each student’s registration can be correctly formalised to the level of knowledge stated herein;
(h) It is a condition precedent that each Student meets the requirements for the relevant course modality in question and to meet his/her attested level of language proficiency. In the event that the student is not suitable to undertake the declared program, the institution reserves the right to transfer such student to a Course that is deemed to be appropriate at the risk and expense of the student in question.
(i) A Student who enrolls in a program for specific courses other than General Language (such as EAP, IELTS, TOEFL, Cambridge, technical, or any genre other than general English) must have the level of English language proficiency required by the institution/school to undertake the relevant course. Any student not having the appropriate level of proficiency will be encouraged to undertake a General English until such student reaches the required level to undertake the course in question;
(j) If the contracted course is longer than (6) six months, the Student may not leave the institution/school under any circumstances;
(k) The Student declares that he/she has read all relevant written information and has received sufficient information from the Agent who has provided all relevant and necessary information in response to the student’s enquiries to enable the student, to undertake the contracted course
1.1 Schools
(a) The Student is aware that excessive absences from classes, even if justified, may invalidate their enrollment and the school has the right to report such absence to the relevant authorities even to the extent of canceling their visa.
(b) It is the responsibility of the Student to purchase all material required for the completion of the relevant course at each level and module that the student undertakes unless where the cost thereof is included in the contract price or where the School deems such material to be irrelevant and does not require it.
(c) If the Student has fulfilled the conditions required to obtain a course certificate it is the student’s responsibility to request the same directly from the responsible provider in Australia prior to the end of his course.
1.2 Changes
Where any changes to the services purchased arise from unforeseen circumstances, the Service Provider and the Agent will communicate verbally and/or in writing to the Student, and the Service provider and the agent and each of them reserves the right to make necessary alterations to enable compliance with the agreement by changing dates, booking times and
1.3 Cancellation
The Student hereby agrees that:
(a) The Student must advise the Agent and the Service Provider in writing if the Student wishes to cancel any of the purchased services;
(b) In the event of cancellation before the scheduled course start day and the Student will be charged the Agent's administrative fee of $500 plus any additional fees imposed by the relevant Service Providers PROVIDED HOWEVER if payment has already been paid to the Service Provider, as evidenced by payment submitted by the Agent no responsibility is taken by the Agent to refund the fee so paid;
(c) Where no payment is due to suppliers, or the Institution has not issued the Official Registration and grants a 100% refund of any amount deposited the agent still reserves the right to charge the intermediary admin fee of $500.
1.4 Onshore
(a) The Agent reserves the right to apply specific and different fees and refund conditions to students enrolled in offshore and onshore programs.
(b) The following conditions regarding Onshore Programs include:
(i) Where the visa is refused, the Agent will charge an administration fee AUD 500 to cover administration costs. PROVIDED HOWEVER where there is a request for cancelation or withdrawal.
(ii) For Onshore Programs, in case of the visa being refused and the student must leave the country, the student will be charged AUD 500 to cover administration costs to the Agent. Any requests for cancelation, withdrawal, or refunds will be made subject to and in line with the Service Provider’s terms and conditions. Each refund is individually assessed by the third-party Service Provider.
1.5 Refund
To seek a refund the Refund Form must be completed. Applications for a refund are generally processed within 90 days.
2 HEALTH COVER AND TRAVEL INSURANCE
(a) For the Student’s visa to be compliant with Department Home Affairs (hereinafter referred to as “the Department”) requirements, the Student must have overseas student health cover from a registered provider.
(b) The Agent strongly recommends the Student also obtain travel insurance. However, this is left to the Student’s discretion.
(c) Any cancelations to overseas student health insurance purchases by the student will result in a cancelation fee of $150 plus any additional fee according to the Service Provider’s cancellation policy.
(d) The Agent recommends, that the Student obtains a medical evaluation before traveling to Australia. The Agent takes no responsibility whatsoever for the Student's physical, regarding his/her health.
(e) It is the Student’s sole responsibility to seek a professional assessment to determine their fitness to enter into an exchange program.
3 AGENT DUTIES
The Agent duties include but are not limited to the following:
(a) Inform the Student regarding the Service Providers’ services such as the school, the course, educational institutions, health insurance, visas, and other necessary complementary services;
(b) Provide guidance in completing the registration form;
(c) Provide the registration documents of the school chosen by the Student; and
(d) Oversee the visa process.
4 SERVICE PROVIDERS
(a) The Service Providers are contracted by the Student through the Agent after it receives written instructions from the Student to do so.
(b) The Student hereby agrees that:
(i) he/she has read and understood the rules regarding the functioning of the school, accommodation and other contracted services, cancellation rules, changes in accommodation, course leveling, and other information;
(ii) The Agent takes no responsibility for any matters that arise with regard to third-party Service Providers;
(iii)The Agent will not be responsible to you for any loss, expense, or other factors that the Student may suffer from any particular service by that Service Provider;
(iv) All issues referred to herein are the sole responsibility of each individual Service Provider and the Student acknowledges and agrees that he/she will not hold the agent liable in any matters arising therefrom; and
(v) The Agent is hereby permitted to release personal information required to the Service Providers for its contractual purposes.
5 INDEMNITY
(a) Student agrees to indemnify and keep indemnified the Agent from and against any and all loss, damage or liability whether criminal or civil suffered and any legal fees and costs incurred by Student in the course of studying in Australia and resulting from:
(i) any act, neglect or default of Student;
(ii) any successful claim by any third party alleging defamation any matter; and
(iii) provided that any liability herein referred to has not been occasioned by the default of the Agent the onus of proof of which shall rest with the person asserting the same.
6 PRICES
The Student hereby acknowledges that:
(a) The Agent will endeavor to package the best cost/benefit service available in the market;
(b) The Agent takes no responsibility for price fluctuations arising from changes in the prices charged by Service Providers occurring before final payment. Accordingly, the price of the services is subject to change until the Student pays for the service; and
(c) The prices and all fees will be quoted and paid in Australian Dollars.
7 PASSPORT & VISAS
7.1 Passport
It is the student’s responsibility to ensure that the student has a passport valid for at least 6 (six) months after the time the student applies for the required visa. The Agent takes no responsibility for any visas or services that are cancelled or delayed due to passport, or visa problems and refused visas with the Department and/or any other Australian authorities.
7.2 VISA
(a) It is the sole responsibility of the Student to provide their passport, observe the appropriate visa guidelines for their exchange (including necessary transit), and appropriate vaccines and permits for their entry into the exchange country.
(b) The Student hereby acknowledges that:
(i) Agent only mediates the process and documentation between the applicant and the Department;
(ii) The Agent and its staff do not provide any migration, visa or legal advice and are not responsible for the outcome from the visa application process by the Department;
(iii) It is the Student’s responsibility to respect the laws of the country where they will study;
(iv) It is the Student’s responsibility to know the relevant dates and deadlines regarding their VISA;
(v) The Student must have their passport up to date and the expiration date is over (6) six months from the date of departure of their homecountry, and in the case of long-term courses, it is advisable that such passport be valid for the period of time expected for the return to your homecountry. Otherwise it is the student’s responsibility to to obtain a new passport from your homecountry’s embassy or consulate in Australia;
(vi) Provide all necessary documentation within a minimum of (6) six months and complete the required forms in a timely manner to obtain your visa or entry into the country, this must be delivered to the Department;
(vii) Observe transit visas or admission to other countries you wish to visit during the exchange;
(ix) Receiving a visa in advance does not exempt the Student from having to resubmit his / her immigration documentation upon arrival, nor that does not provide a full guarantee of entry into the country of exchange;
(x) The Agent is not responsible for automatic renewal of any passports or visas and if the Student chooses to renew it is necessary to contact and request in advance;
(xi) The Agent does not have the power to grant a visa for stay;
(xii) Changes in the laws of the exchange country, which may result in a visa application or even cancellation of the program, are not the responsibility of the Agent or its Services Providers;
(xiii) The Agent is not responsible, under any circumstances, for any issues that the Student may have in the departure from their Homecountry for any reason whatsoever arising ;
(xiv) The Student is responsible for maintaining up-to-date information with any immigration laws related to its visa by visiting the Australian Immigration website https://www.border.gov.au, visiting the nearest Immigration office or calling 13 18 81 within Australia; and
(xv) For any assistance on these matters which is given at the agent’s discretion will incur a service fee to cover administration fees without any rights to a refund.
8 ACCOMMODATION
8.1 Homestay
The Student agrees to sign any specific annexure setting out any family rules which are common to the local culture, declares to accept the different family and housing structures that where the student will live during the stay.
8.2 Student Accommodation
(a) The Student is aware that the contracted residential accommodation does not offer the same services as a hotel and may vary greatly depending on the location and type of residential premises contracted. The Student is hereby aware of following features that may be present at their accomodation:
(i) The bathroom and the kitchen may be shared;
(ii) Common residential environments such as living rooms and other living spaces are used by all residents of the place and in many cases, these areas are organised by the residents themselves;
(iii) Some homes do not allow visitors to enter under any circumstances;
(iv) Residentials generally charge at the time of hiring, and any damage caused by the Student or his visitor will be deducted from their deposit, when there is, otherwise, will be charged to the Student;
(v) There are separate services that the Student must pay, such as laundry services in some homes and in other cases, for the use of the internet; room, as well as those of the common areas when used by the student;
(vii) The residence is not responsible for valuables of its guests and therefore, it is expected that the Student is careful to lock their room and keep their belongings safe;
(viii) The residence may house students from the same school as the Student as well as students and travelers from other schools and locations; and
(ix) The keys that may be loaned to the Student will be the student’s responsibility, as well as any incidents caused by the loss / loss or theft or loan of them, for which the student may be charged.
8.3 Refund for accommodation damage
(a) The Student will be required to make a “Bond” deposit which may be held with the local accommodation provider until a few days after check-out (return date of accommodation) and will be returned to the Student upon terms and conditions of any agreement
(b) If the Student has accidentally or carelessly caused any damage to the accommodation, the cost of rectification thereof may be deducted from the deposit and depending on the case, the Student will still required to pay extra to cover the damage caused.
8.4 Check in and Check out
(a) The Student is aware that:
(i) There are specific check-in and check-out procedure at the accommodation; and
(ii) Extra costs may be charged for any delays or changes to your arrival or departure dates, and any accommodation lost will not be refunded;
(iii) In order to avoid “No Show”, it is recommended that the Student inform local accommodation officials about any delay that they experience; and
(iv) There will be no refund if the Student: leaves before the accommodation end date or does not use the accommodation for the total of the contracted period.
9 CONFLICTS
(a) The Agent recommends that and the Student acknowledges that if he/she were to encounter any serious issues or be in need of emergency assistance, the Student must immediately contact local authorities.
(b) The Agent will do everything in its power to assist the Student, but the Student acknowledges that in certain situations, some issues may fall outside the scope of assistance provided by the Agent.
(c) The Student understands that it may take longer than expected to solve any international issues which fall under different time zones.
10.1 Minors
(a) The Agent are not responsible for any liabilities created by the Student who is under the age of (18) eighteen, that violates local law.
(b) Parents of minors shall be responsible for all necessary authorisation documentation for travel permission.
10.2 Extension
(a) Extra nights accommodation and extra costs, regardless of changes in the ticket, will always be the responsibility of the Student.
(b) The Agent strongly recommends to avoid additional costs with the payment of extra nights of accommodation that the Student always to check the dates of their tickets so that they do not exceed the period of accommodation contracted
10.3 Accommodation Renewal
(a) Accommodation renewals are never guaranteed at the same location.
(b) All accommodation renewals must be requested at least (10) ten days in advance by the Student.
10.4 Communication
(a) The Student is aware that all information exchange between the parties and the parties will be recorded by email and / or through the student's online portal. Emails sent by the Agent are automatically considered to have been received by the Student.
(b) The Student is responsible for checking the emails and the portal.
(c) Where the Student changes his/her email or phone number it is the responsibly of the Student must send to the Agent the new email or phone number information,
11 GENERAL
11.1 Severability
Where any clause or part of that clause is void, illegal or unenforceable it may be severed without affecting any other parts of this agreement.
11.2 Entire agreement
This agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.
11.3 Anti-Defamation
(a) Student agrees not to attack/criticise the Agent and any of its employees, associates or partners publicly, including but not limited to: public forums, blogs, social networks, or any other relevant platform, at any time during or subsequent to contract period. In case of breach of this clause, client agrees to pay not less than $1000 to the Agent in damages or such greater sum as may be ordered by a court of competent jurisdiction to be paid.
(b) The Student agrees not to seek for advice on forums, blogs, community groups, or any social media in a way, witch brings the name of the Agent or any of its employees, associate, or partners into disrepute.
11.4 Force Majeure
A party is not liable for its inability to perform, or for any delay in performing, any of its obligations under this agreement if that inability or delay is caused by a Force Majeure Event.
11.5 Counterparts
This agreement may be executed in any number of counterparts and each such counterpart shall be equally valid and enforceable.
11.6 Variation
A variation of this agreement must be in writing and signed by the parties.
11.7 Governing law
This Agreement will be governed by the laws of Queensland the parties agree that they will submit to exclusive jurisdiction of the courts of Queensland and courts entitled to hear appeals from those courts.
11.8 No partnership
The parties are not partners or joint venture partners nor is Agent able to act as agent of Student save as authorised by this agreement.
11.9 Contracted Services
The Student states that he/her has read and understood the term and conditions of the Service Providers contracted by Agent according to the Student’s instructions.