Welcome to ASC International. You have made a great decision to apply to host an international student in your home (Homestay). We hope this experience will be a rewarding and memorable one and will do all we can to ensure you are provided with the support and advice you need to make it so.
This Host Agreement governs your relationship with ASC International and sets the policies and requirements by which all homestay placements operate. By applying to be a Host, you agree to be bound by the terms and conditions of this Host Agreement. It is your responsibility to ensure that any person who may be a Host in connection with your Home receives adequate and timely notice of the terms and conditions of this Host Agreement and their obligations under it.
In this Host Agreement, when we say:
- Eligibility Criteria we mean the Host eligibility criteria described at clause 1.1;
- Fees we mean the fees payable to ASC International for the Services 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 you in a Homestay by ASC International;
- Home we mean the residential address and premises identified on your application form or otherwise as notified to ASC International from time to time in which a Homestay is or may be conducted;
- Host we mean you and any other applicant named on your application form and registered by ASC International as a Host, as well as any other person over the age of 18 years residing in your Home during a Homestay (excluding Students);
- Policies we mean the ASC International Policies as found on our website (www.ascinternational.wa.edu.au) and any other policy notified to you by ASC International from time to time, all of which form part of this Host 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 Hosts by ASC International in accordance with this Host Agreement.
- Parent Nominated (PN) we mean a host or potential host nominated by the student’s legal guardians. PN hosts must abide by all the same policies and processes as any other host.
- CAAW we mean “Confirmation of Appropriate Accommodation and Welfare”. This is the letter, issues by ASC International, to state that ASC International agrees to hold welfare for an international student and approves of the specified accommodation arrangements. When ASC International holds a CAAW for a student, they are legally responsible for that student whilst they remain in Australia and for the dates specified on the CAAW. Should any situation regarding the student’s living arrangements change at any time, ASC International must be notified and they reserve the right to approve or reject these changes. The student must remain in arrangements approved by ASC International at all times.
- ELIGIBILITY AND REGISTRATION
1.1 All Hosts must:
(a) be a legally competent person over 18 years of age (not subject to Guardianship or Administration);
(b) be a Citizen or Permanent Resident of Australia;
(c) have no criminal record and otherwise be a fit and proper person of good reputation;
(d) not be bankrupt; and
(e) be covered under a satisfactory insurance policy in accordance with clause 7.1.
(f) Adhere to any and all policies and procedures as outlined in the Homestay Agreement.
1.2 You must notify ASC International immediately if you or any other Host ceases to satisfy the Eligibility Criteria. If at any time you or any other applicant or Host fail or cease to satisfy the Eligibility Criteria, ASC International reserves the right to reject your application, cancel your registration as Hosts, and immediately suspend or terminate this Host Agreement and any Homestay.
1.3 Applicants will be accepted and registered as Hosts by ASC International subject to fulfilment of the Eligibility Criteria, and otherwise at ASC International’s sole discretion. ASC International may cancel a person’s registration as a Host if they are in breach of this Host Agreement, or at the request of that person.
- SERVICES
2.1 In exchange for and subject to payment of the Fees, ASC International provides Hosts with the following services:
(a) Student selection, recommendation and placement;
(b) Student payment processing and administration;
(c) support, advice, and complaints services; and
2.2 ASC International may from time to time offer the Host the opportunity to host a Student in a Homestay. However, all Homestays are arranged on a case-by-case basis and may be subject to acceptance and approval by the Student or Education Provider. ASC International does not warrant or guarantee that Hosts will be provided with the opportunity to participate in a Homestay, or Homestays of any minimum number, frequency, or duration.
2.3 In arranging a Homestay, ASC International will consider the following eligibility criteria:
(a) the Home must be owned by a Host, or leased by a Host (provided that the Host has given ASC International written proof of lease covering the period of the Homestay and consent from the landlord to the Homestay);
(b) the Host must be a permanent resident of the home;
(c) the Home must be in good condition and well maintained;
(d) the Home must be of a sufficient size, with a spare room for the Student (which must have a door);
(e) the Home must be close to public transport and/or the educational institution in which the Student is enrolled; and
(f) any other factor that ASC International considers relevant.
3. HOST OBLIGATIONS
As an accredited ASC International Homestay Host, you agree to the following:
3.1 Make yourself and your home available to your Student
You must be a permanent resident of the Home and be available to your Student on a reasonably frequent basis. You must specifically be present at the home when your Student first arrives or arrange for a trusted friend or family member with a current National Police Check and Working with Children Check, to be present. Your Student should have internal access to the Home at all times, meaning you must provide a key, security code or other means of entry in case you are not present at the Home at any time. You must have a mobile phone and your Student must be able to contact you via your mobile phone within reasonable hours.
3.2 Help your Student settle into a comfortable and safe home
This means providing a structurally sound, clean, private, single occupancy bedroom accessible from within the Home, with a secure, lockable door, which is comfortably cool/warm depending on the season. Your Student must have a suitable bed, bedding (pillow, sheets, quilt and quilt cover), bath towels, desk, desk chair, lamp and proper hanging space with drawers. Your Student must have access to laundry facilities and lockable bathroom and toilet facilities.
Make your Student aware of the layout of the Home, any instructions (for household appliances or amenities such as a pool/spa). Your home must be fitted with working smoke detectors and comply with all local council regulations. Always ensure that you respect the privacy of your Student and never engage in any physical contact under any circumstances.
3.3 Internet Access
It is mandatory to provide broadband internet access for Students in the home primarily for study use. Students must be able to access this from their bedroom. Students must not be charged for internet access by the Host.
3.4 Household Guidelines
Hosts must provide Students with a written copy of the household guidelines. Please sit down with your student to talk through these. These can be translated if necessary and a copy must be provided to ASC International. If you need assistance with this, please contact ASC International for their household guidelines template.
3.5 Exchange of Monies
No money to be exchanged between Students and Host. All payments to come via ASC International.
3.6 Insurance
It is highly recommended that you provide appropriate home and contents insurance for yourself, your Student and your Student’s belongings for the duration of their stay.
3.7 Food
Provide healthy food for your Student. This means preparing adequate healthy meals in accordance with the agreed meal plan detailed in the placement report, with at least one meal per day consisting of meat/other protein, vegetables and rice/noodles. Ensure you have adequate, in date, grocery items for any meals (breakfast or lunch) that your Student may be required to prepare themselves and take the time to show them what to do.
3.8 Help your Student to access or organise important services
This means showing your Student how to use your landline telephone or helping them to sign up to short-term services in their own name. You should also help your Student open an Australian bank account or set up online banking if necessary. Please do not sign any financial documents on behalf of your student (eg phone plans, gym memberships).
3.9 Show your Student around the community
Help your Student to understand the route to and from their school. If this involves public transport, show them how to tag on and off and how to buy transport tickets when necessary. The student will be issued with a Smartrider (where necessary) by the school. Show the student how to set up an account online with an autoload function for payment. Make your Student aware of places of interest within the community such as shops, parks and important services such as banks, post offices and local police stations. Also ensure they know the emergency services contact number is 000.
3.10 Include your Student in normal activities and help them to learn
Your Student’s privacy is important, but you should make a genuine effort to involve them in your home and community. Be flexible, sensitive and patient when communicating with your Student and use clear, understandable English.
3.11 Assist your Student to seek medical or dental attention as necessary
If your Student is sick you must assist them with seeking medical treatment, including arranging appointments and transportation if required. You must notify ASC International of the dates and times of any leave required to attend appointments and assist your Student to get a proper medical certificate. If necessary, call 000 for urgent medical attention. While we ask students to disclose information regarding illnesses prior to arrival, we cannot guarantee they have fully disclosed all conditions to us.
3.12 Maintain valid clearances and notify ASC International of any changes to residents
3.13 Hosts must list all residents in their profile and immediately notify ASC International of any changes
To participate in the ASC International homestay program, all Hosts and permanent residents over the age of 18 are required to obtain a valid Working with Children Check and Police Check for their State/Territory and ensure these remain valid.
3.14 If you are hosting an international student directly or from another homestay provider, they are not required to obtain clearances. However, you must sight their visa for validity and let ASC International know immediately if you have any concerns.
3.15 Overnight Visitors- Hosts must notify ASC International in advance of any overnight visitors so that appropriate action can be taken.
3.16 It is not acceptable for hosts to advertise spare rooms in their homes or on their property for rent to strangers (eg air bnb, etc)
3.17 Understand the extra responsibilities of hosting Students under the age of 18.
This means:
(a) only hosting other Students, or students of any institution, that are the same gender as your Student;
(b) enforcing the curfew set by ASC International. You must notify ASC International if there is a consistent breach of curfew;
(c) notifying the Student’s school if your Student will be absent for the day and notifying ASC International if you believe there has been excessive non-attendance at school;
(d) keeping ASC International informed of any issues or concerns relating to your Student;
(e) never leaving your Student alone at home overnight or without an ASC International approved adult who has a current Working with Children Check and National Police Check and notifying ASC International immediately of any overnight visitors who are not permanent residents with the appropriate checks;
(f) always providing ASC International with at least two weeks notice if you will be going on holidays without your student so that a suitable temporary homestay can be arranged;
(g) never allowing your Student to sleep at another location overnight or go on a holiday without obtaining permission from ASC International;
(h) if you wish to take your Student on holidays, you must seek approval from ASC International;
(i) immediately notifying ASC International of any incident or allegation of child abuse including:
(j) any act committed against a child involving –
- a sexual offence; or
- an offence under section 49B (2) of the Crimes Act 1958 (grooming); and
- the infliction, on a child, of –
- physical violence; or
- serious emotional or psychological harm; and
- serious neglect of a child.
3.18 Only use a registered vehicle with adequate insurance when transporting your Student.
When driving your Student to their Education Provider or around the community you must hold a full valid Australian driver’s license, drive with reasonable care, obey all laws and regulations, and not drive under the influence of alcohol or drugs. Vehicles used to drive your Student must be road registered with valid Compulsory Third Party (CTP) insurance in your name.
- WARRANTIES
4.1 ASC International warrants to Hosts that it will provide the Services with all due care and skill, in compliance with applicable laws.
4.2 Every Host continuously warrants to ASC International that they:
(a) satisfy the Eligibility Criteria;
(b) will use the Services and conduct themselves during a Homestay in a reasonable, respectful, and responsible manner;
(c) will comply with the Policies and applicable law at all times; and
(d) 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 PAYMENT
5.1 Where applicable, the Fees must be paid to ASC International. Hosts must notcollect any fees or payments directly from Students or any other party in respect of the Homestay.
5.2 ASC International receives payment from the Student for the Homestay (Student Payment) on behalf of the Host and will deduct the Fees from any Student Payment before remitting the remainder amount to the Host’s nominated bank account via electronic funds transfer within a reasonable time (Host Payment).
5.3 Hosts will be paid the Host Payment for the first 14 days of the Homestay on the first scheduled payment day after the commencement of the Homestay. Provided that the Student has made the Student Payment, ASC International will generally transfer the Host Payment to Hosts on a fortnightly basis thereafter.
5.4 Where a Student fails to pay the Student Payment, ASC International may withhold payment to the Host and request for the Host to remind the student to arrange payment. ASC International will not be liable for any unpaid Student Payment or Host Payment.
5.5 If a Host terminates a Homestay at any time, the Host remains liable for payment in full of the Fees and for any refund or penalty payable by ASC International to the Student or any third party in accordance with ASC International’s Homestay Refund Policy though ASC International may waive this obligation at its sole discretion.
5.6 Parent Nominated homestay placements may not be required to pay fees. This can be arranged and approved at the discretion of ASC International.
- CONFIDENTIALITY AND PRIVACY
6.1 Hosts and ASC International agree to keep confidential the terms of this Host Agreement and any information or material received in connection with this Host Agreement or a Homestay and marked, or reasonably presumed to be, confidential (Confidential Information).
6.2 Both Hosts and ASC International agree that they will not disclose any Confidential Information to any third party unless or until it:
(a) is or becomes publicly known through no wrongful act of the receiving party;
(b) 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;
(c) is independently developed by the receiving party; or
(d) 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).
6.3 ASC International will always handle your personal information and the personal information of Students in accordance with its Privacy Policy, accessible at www.ascinternational.wa.edu.au.
6.4 Any personal information of a Student received by you in connection with a Homestay is Confidential Information for the purposes of clause 6.2. Without limiting clause 6.2, you warrant and agree that you will:
(a) keep Students’ personal information private and confidential;
(b) only use Students’ personal information for the purpose to which it was provided to you or otherwise with the consent of the Student; and
(c) will not disclose Students’ personal information to any person except with the Students’ consent.
- INSURANCE
7.1 “Satisfactory insurance” for the purposes of the Eligibility Criteria means an insurance policy which covers the Student and their belongings.
- LIABILITY
8.1 All Hosts in your Home are jointly and severally liable for a breach of this Host Agreement by any of them.
8.2 To the maximum extent permitted by law, ASC International excludes all warranties not expressly provided in this Host 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 Host Agreement.
8.3 Nothing in this Host Agreement is intended to exclude any consumer guarantee under the Australian Consumer Law, or term otherwise implied by law, which cannot be excluded. Hosts 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 selection) to either resupplying those Services or paying the cost of having those Services resupplied.
8.4 Hosts 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 Host’s breach of this Host 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 A Host may terminate a Homestay (before or after commencement) immediately on notice to ASC International if the Student has committed a theft, damaged property, caused an injury, or engaged in violent or threatening behaviour (or any other behaviour which makes any person in the Home feel unsafe) in connection with the Homestay. In such circumstances, ASC International will (or will assist the Host to) take all reasonable steps to remove the Student from the Home, if required.
9.2 A Host may otherwise terminate a Homestay at any time after the first four weeks of the Homestay on two weeks written notice to ASC International.
9.3 ASC International may terminate a Homestay (before or after commencement) immediately on notice to a Host if: a Host fails 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 Student or related party.
9.4 Hosts acknowledge and agree that Students may, after the first two weeks of the Homestay, request to terminate a Homestay without having to show cause or reason on two weeks written notice. ASC International will inform the Host within a reasonable time of receiving any such request from or on behalf of a Student, and the Homestay will be terminated effective from the expiration of the notice period.
9.5 A Host may otherwise notify ASC International of any complaint regarding a Student or Homestay at any time, and ASC International will use commercially reasonable endeavors to resolve, or assist the Host to resolve, the complaint.
- GENERAL
10.1 No employment: Nothing in this Host Agreement creates a relationship of joint venture, agency, partnership or employment between any of the parties.
10.2 Assignment: Hosts cannot assign, transfer, or dispose of their rights or obligations under this Host Agreement without the prior written consent of ASC International.
10.3 Variation: ASC International may vary or update this Host 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 Host 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 Host 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 Host 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 Host 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 Host Agreement is unenforceable, then that provision (or relevant part) may be severed without affecting the enforceability of any other provision.
