1. PARTIES: The agreement is entered by the following parties;
A. ABC Access Business College (hereinafter referred to as The
College),5 Nipigon Avenue, 2nd Floor,
Toronto, Ontario M2M 2V7 Canada,
registered under the Private Career Colleges Act, 2005. Canada.
B. Agent name/Agent Title/ Agent Company (hereinafter referred to as
The Agent)
Agent Address
EFFECTIVE: (FROM)
(TO)
Your Email :
II. RECITIALS:
A. The College registered under the Private Career Colleges Act,
2005.Canada, wishes to promote the educational services to potential
student’s resident outside Canada.
B. Agent name/Agent Title/ Agent Company has extensive marketing
experience in educational services and will act as a marketing &
recruiting representative of the college on the terms mentioned below.
III. OPERATIVE PROVISIONS:
A. The College shall devote major efforts to support the agent in
recruiting and enrolling students to the courses and programs of The
College and commits itself to the following obligations:
1. Provide the agent with the registration and accreditation
documentation issued by Canadian Educational and
Immigration Authorities;
2. Provide the agent with textual, graphic, audio and video
materials presenting the products and services of the
college;
3. Issue Certificate of Authorization in favour of the
plenipotentiary of the agent;
4. Provide the agent with student recruitment plan, tuition
fee schedule, curriculum and program information;
5. Issue appropriate acceptance letter, tuition receipt and
any other documentation The College is required to
provide to the student recruited by The Agent to apply for
a student authorization after the full-amount of tuition and
registration fee are received by the Agent from the
student;
6. Assist The Agent to inquire into and expedite the
processing of student authorizations;
7. Grant authority to The Agent to recruit students for the
Business in the …. country….
8. Fulfil all promises of services and products.
B. The Agent shall provide whole-hearted student recruitment and visa
application counselling services to The College and the students who
are contracted by The Agent to take the courses and programs of The
College and commits to the following obligations:
1. Provide the College all the certification and documentation
which allow The Agent to carry on the Business in the
Territory in a lawful fashion;
2. Inform the College promptly of the policies and regulations
concerning the administration of the affairs of the students
who wish to study Canada;
3. In its sole discretion widely publicize and actively promote
the courses and programs and services of The College to
prospective students in the Territory;
4. Assist all the prospective students to complete the
application forms and prepare the financial sponsorship or
guarantee certificates and any other documentation
required by the student for the visa application;
5. Remit to The College within 10 working days the
registration fee collected from each student when the
student has completed the application form for either the
high school or pre-university preparation or diploma
programs offered by The College.
6. Remit to the College within 10 working days tuition or
tuition deposit collected from the student;
7. Provide for each student acceptance letter, tuition fee
receipt and any other documentation issued by The
College in support of the student visa application
(“Student Visa Documentation”);
8. Inform the College promptly of the status of the student
visa application;
9. Conduct the Business in accordance with the terms
Setout by this Agreement and the Certificate of
Authorization.
10. In cases where the visa application has been declined by
Immigration Canada refund all the tuition fees except the
non-refundable portion no later than one month
commencing from the date when the Agent has been
notified that the case has been denied and forthwith
provide photocopies of the rejection letter along with an
application for refund completed by the student to The
College;
11. Confidentiality
i. The Agent shall keep strictly confidential at all times
except as permitted in clause 11.iii) (not disclose to
any third party) any information relating to the
Educational Services or to the affairs and business of
the College.
ii. The agent shall not disclose information about
applicants or students to any third party for any
reason.
iii. The Agent may disclose the confidential information:
a) to its employees, officers, representatives, and
advisors, which need to know such information for
the purposes of carrying out the party’s obligations
under this agreement. The Agent shall ensure that
its employees, officers, representatives, and
advisors comply with this clause 11.
b) as may be required by law, a court of competent
jurisdiction or any governmental or regulatory
authority. The College should be notified
immediately of any such requirement.
IV. TERMINATION
Either party can terminate this agreement at any time by providing 8 weeks
written notice.
The College can terminate this agreement at any time with immediate effect in
the event the Agent breaches any of the conditions of this agreement.
The College can terminate this agreement should the Agent fail to refer any
students within the previous calendar year, by providing 4 weeks written
notice.
When this agreement is terminated, the Agent must:
A. - Immediately cease promoting and advertising programs and services
offered by the college
B. - Return all materials provided to them by The College in the course of
effecting this agreement
C. - Submit all prospective student applications received up to the date of
termination
V. COMMISSION PAYMENTS
In consideration of the duties undertaken by the Agent, and subject to other
provisions of this clause, the College shall subject to the Agent performing its
obligations under this Agreement, pay the Agent a commission of XX% of the
Net Tuition Fees received by the College in respect of each Enrolled Student
in the first year of their attendance at the College. A net tuition fee means the
fee paid by the student to the College after any prompt payment discounts,
which may include scholarship and related payments (such as Alumni
discounts and early payment discounts).
Commission payments (described above) shall be payable within 30 days of
the receipt of invoice subject to the student having completed the enrolment
process (50% or more of the program has been completed) and having paid
the tuition fees in full.
Commission will only be payable to the Agent in respect of students recruited
to courses delivered by the College, who are paying the international rate of
fees.
All sums payable under this Agreement are inclusive of any value added tax
or other applicable tax and duties.
VI. LIABILITY COVERAGE PROVISIONS
Each party to this agreement will be responsible for the negligent acts or
omissions of its own employees, officers, or agents in the performance of this
Agreement. Neither party will be considered the agent of the other, nor does
either party assume any responsibility to the other party for the consequences
of any act or omission of any person, firm, or corporation not a party to this
Agreement.
VII. AGREEMENT
This agreement constitutes the entire agreement between the parties, and all
terms and conditions agreed upon by both parties, including those which may
be modified by this Agreement, and supersedes all previous written or oral
agreements regarding the subject of this agreement. No other understanding,
oral, written or otherwise regarding the subject matter of this agreement shall
be deemed to exist or bind any of the parties hereto. Any modification or
waiver of the terms of the Agreement must be in writing and signed by both
parties.
THE TERMS OF THIS AGREEMENT ARE HEREBY AGREED BY:
Signed for and on Behalf of ABC Access Business College
DESIGNATION:
Signed for and on behalf of the Agent
DESIGNATION: