This Student Agreement governs your relationship with ASC International in relation to any Homestay and any supply of Homestay Services by ASC International. By applying to be a Student, you agree to be bound by the terms and conditions of this Student Agreement. If you are an agent acting on behalf of the Student, you must pass this information on to the Student.
In this Student Agreement, when we say:
- Eligibility Criteria we mean the Student Eligibility criteria described in clause 1.1;
- Fees we mean the fees payable to ASC International for the Services as described in clause 4, or as notified by ASC International in writing from time to time, and any other costs or charges as agreed or required by law, including GST;
- Student we mean any International student placed with a Host in a Homestay by ASC International;
- Home we mean the residence of a registered Host in which a Homestay is or may be conducted;
- Host we mean any person(s) notified by ASC International as a host of the Homestay;
- Policies, we mean the policies as found at asci.edu.au and any other policy notified to you by ASC International from time to time, all of which form part of this Student Agreement (but the terms herein will take precedence to the extent of any inconsistency); and
- Services we mean the services identified in clause 2 and provided to Students by ASC International in accordance with this Student Agreement.
- CAAW we mean “Confirmation of Appropriate Accommodation and Welfare (CAAW)” letter issued by ASC International.
- ELIGIBILITY
- must be enrolled as a student at an ASC International School;
- have a valid Visa for entry into Australia and comply with any conditions of that Visa;
- You must notify ASC International immediately if you cease to satisfy the Eligibility Criteria. If at any time you fail or cease to satisfy the Eligibility Criteria, ASC International reserves the right to reject your application, and/or immediately suspend or terminate this Student Agreement and any Homestay in accordance with your Student Visa obligations and the ESOS Framework or National Code 2018.
- Applicants will be accepted as Students by ASC International subject to fulfilment of the Eligibility Criteria, and otherwise at ASC International’s sole discretion. ASC International may revoke acceptance of a Student application if the person is in breach of this Student Agreement, or at the request of that person or their legal guardian.
- Once your application to be a Student is accepted by ASC International, ASC International will deliver the Services.
- SERVICES
- In exchange for and subject to payment of the Fees, ASC International provides Students with the following services:
- Host background checks, resourcing, interviews, training, home inspections and placement;
- airport pick-up booking service (on request);
- payment processing and administration;
- support, advice, and complaints services, including 24-Hour Emergency Support Centre.
- All Homestays are arranged on a case-by-case basis and all Students are matched with a suitable Host, based on their profile and preferences, located within 60 minutes’ travel by public transport from their education provider. If a Student requests to be matched with a different Host, further fees may apply.
- In finding a suitable Homestay for each Student, ASC International will consider the following factors:
- the Student’s cultural background, age, gender and personal circumstances as applicable;
- the suitability of the Host’s home, including in regard to proximity and transport to the education institution in which the Student is enrolled; and
- any other factor considered relevant by ASC International.
- WARRANTIES
- ASC International warrants to Students that it will provide the Services with all due care and skill, in compliance with applicable laws.
3.2. Every Student continuously warrants to ASC International that they:
- satisfy the Eligibility Criteria;
- will use the Services and conduct themselves during a Homestay in a reasonable, respectful, and responsible manner;
- will comply with the Policies and applicable law at all times; and
- will not, in connection with a Homestay or the Services, do or omit to do anything in a manner that is fraudulent, misleading and/or deceptive, negligent, illegal, immoral, offensive, or reasonably likely to harm or infringe the rights of any person.
- FEES AND PAYMENTS
- All Students must pay a “Homestay Placement Fee”. A new Homestay Placement Fee will be charged each time a student chooses to move to a new homestay. If a student moves to a new homestay at ASCI’s request then a Homestay Placement Fee will not be charged.
- All students, with the exception of students in a Parent Nominated (PN) Homestay, must pay a “Weekly Homestay Fee”. The amounts of these fees are notified by ASC International to the Student in writing from time to time. The Weekly Fees are collected by ASC International on behalf of the Host and will be remitted to the Host in accordance with the ASC International Host Agreement, less fees payable to ASC International.
- All students in a Parent Nominated (PN) Homestay must pay a yearly “Homestay Welfare & Support Fee”. This fee is billed every January or if the student is a new arrival it will be billed pro-rata per term.
- The Student Fees must be paid by credit card, Flywire or electronic funds transfer to ASC International’s nominated bank account, or by any other means directed by ASC International, by the due date(s) notified by ASC International to the Student in writing. Students must not pay any part of the Fees directly to Hosts or any other party in respect of the Homestay.
- ASC International may apply an overdue fee of $100 to Student invoices that are not paid by the due date. ASC International will not be liable to the Host or any other person for the amount of any unpaid Student Fees owing to them.
- Please see the Homestay Refund Policy for further information located on the ASCI website.
- CONFIDENTIALITY AND PRIVACY
- Students and ASC International agree to keep confidential the terms of this Student Agreement and any information or material received in connection with this Student Agreement or a Homestay and marked, or reasonably presumed to be, confidential (Confidential Information).
- Students and ASC International agree that they will not disclose any Confidential Information to any third party unless or until it:
- is or becomes publicly known through no wrongful act of the receiving party;
- is received from a third party (other than from or on behalf of a Student, Host or ASC International) without restriction and without breach of any confidentiality obligation to the other party;
- is independently developed by the receiving party; or
- is required by law to be disclosed (provided that the other party is given advance notice of, and an opportunity to, contest any such requirement).
- ASC International will always handle your personal information and the personal information of Hosts in accordance with its Privacy Policy.
- Any personal information of a Host received by you in connection with a Homestay is Confidential Information for the purposes of clause 5.2. Without limiting clause 5.2, you warrant and agree that you will:
- keep Hosts’ personal information private and confidential;
- only use Hosts’ personal information for the purpose for which it was provided to you or otherwise with the consent of the Host; and
- will not disclose Hosts’ personal information to any person except with the Hosts’ consent.
- STUDENT CONDUCT
Students must read and abide by the Homestay Placement Policy which can be accessed at the ASCI website. Any Student who fails to comply with the Homestay Placement Policy may have their Homestay terminated and potentially their CAAW cancelled.
- INSURANCE
7.1. ASC International highly recommends that all Hosts maintain satisfactory insurance coverage in respect of the Homestay. ASC International does not provide insurance for the Host or the Student. The Host’s insurance may cover a Student in many circumstances for loss, damage, or injury incurred inside the Home, but this cannot be relied on as the Student’s sole insurance coverage.
7.2. The Student acknowledges that it is the sole responsibility of the Student to obtain his or her own personal insurance for all other purposes, including compliance with minimum insurance requirements at law or as a condition of the Student’s Visa, and that the Host’s Homestay Insurance does not cover the Student outside the Homestay placement.
- LIABILITY
8.1. To the maximum extent permitted by law, ASC International excludes all warranties not expressly provided in this Student Agreement and all liability for any loss (including consequential or indirect loss), cost, damage, or claim, however and whenever arising (including due to the act or omission of a Student or Host), suffered by any person in connection with the Services, a Homestay, or this Student Agreement.
8.2. Nothing in this Student Agreement is intended to exclude any consumer guarantee under the Australian Consumer Law, or term otherwise implied by law, which cannot be excluded. Students agree that, to the maximum extent permitted by law, any liability of ASC International in connection with such a guarantee or implied term and in respect of any particular supply of Services is limited (at ASC International’s election) to either resupplying those Services or paying the cost of having those Services resupplied.
8.3. ASC International is not the Guardian of any Student under the age of 18. ASC International is the holder of the CAAW for student visa purposes under the Education Services for Overseas Students Act and National Code 2018.
8.4. Subject to clauses 8.1 and 8.3, to the extent that ASC International otherwise has any liability for any loss, cost, damage, or claim arising in connection with the Services, a Homestay, or this Student Agreement (including for negligence), ASC International’s liability is limited in aggregate to Fees paid or payable in the 12 months immediately preceding the date on which the cause of action accrued.
8.5. Students continually indemnify ASC International from and against any loss, cost, damage, or claim (including third party claims) suffered or incurred by ASC International in connection with a Student’s breach of this Student Agreement, except to the extent that any such loss, cost, damage, or claim is caused by a negligent act or omission of ASC International.
- TERMINATION
9.1. Students (or the agent or Guardian of a Student) may terminate a Homestay immediately on notice to ASC International at any time if the Host has committed a theft, damaged property, caused an injury, or engaged in violent or threatening behaviour (or any other behaviour which reasonably makes the Student feel unsafe) in connection with the Homestay. In such circumstances, ASC International will take all reasonable steps to relocate the Student to another Homestay, if required.
9.2. Students (or the agent or Guardian of a Student) may (after the first 2 weeks of the Homestay) request to terminate the Homestay without having to give a reason by providing 2 weeks’ written notice to ASC International and their Host. Students who are under 18 require approval from their Guardian before giving notice of termination. On receipt of such a termination request, ASC International will update its systems to record that the Homestay will be terminated effective from the expiration of the notice period (being no earlier than 4 weeks from the commencement of the Homestay). Weekly Fees are payable up to the date of termination.
9.3. A Student may otherwise notify ASC International of any complaint regarding a Host or Homestay at any time, and ASC International will use commercially reasonable endeavors to resolve, or assist the Student to resolve, the complaint.
9.4. ASC International may terminate a Homestay (before or after commencement) immediately on notice to a Student if: a Student fails or ceases to satisfy the Eligibility Criteria; the Home ceases to meet the requirements identified by ASC International under clause 2.3; or ASC International otherwise determines in its sole discretion that it is appropriate to terminate the Homestay immediately in response to a request from a Host or related party.
9.5. Students acknowledge that a Host may otherwise terminate a Homestay immediately on similar grounds to those outlined at clause 9.1, and otherwise at any time after the first 4 weeks of the Homestay on 2 weeks’ written notice to ASC International.
- GENERAL
10.1. No employment: Nothing in this Student Agreement creates a relationship of joint venture, agency, partnership or employment between any of the parties.
10.2. Assignment: Students cannot assign, transfer, or dispose of their rights or obligations under this Student Agreement without the prior written consent of ASC International.
10.3. Variation: ASC International may vary or update this Student Agreement at any time, but we will take reasonable steps to notify you of any changes.
10.4. Notices: Any notice or demand to be given or made under this Student Agreement must be in writing and delivered to that party’s nominated address by post, fax, or email (as applicable). Notice is effective on receipt by the addressee.
10.5. Governing law: This Student Agreement is governed by the laws of Western Australia and the parties irrevocably submit to the jurisdiction of the Courts there.
10.6. Entire agreement: This Student Agreement contains the entire agreement between the parties, and supersedes and replaces any prior representations, negotiations, or agreements in respect of its subject matter.
10.7. Waiver: Any waiver of a right or remedy under this Student Agreement will only be valid if the waiver is given in writing and signed by the party giving the waiver.
10.8. Severance: If any provision of this Student Agreement is unenforceable, then that provision (or relevant part) may be severed without affecting the enforceability of any other provision.
