Education Agent Agreement V3.0

www.daltoncollege.vic.edu.
au
Tel: +61 (0)39 043 1668 | info@daltoncollege.vic.edu.au
Suite 1, Level 14, 190 Queen Street, Melbourne VIC3000
ABN: 83 603 077 970 | RTO: 41340 | CRICOS: 03450E
EDUCATION AGENT AGREEMENT
AGREEMENT DATED
BETWEEN “THE COLLEGE”
Company name Global Education Consultant P/L Trading as Dalton College
Address Suite 1, Level 14, 190 Queen Street, Melbourne VIC 3000
ABN/ACN 83-603-077-970 / 603-077-970
Phone (03) 9043 1668
Email info@daltoncollege.vic.edu.au
Name of Officer Krystal Li
Position of Officer CEO
Signature of Officer Date
AND “THE AGENT”
Company/Trading name
Address
ABN/ACN
Phone
Fax or Mobile
Email
Name of Agent
Signature of Officer Date
BACKGROUND
1. THE COLLEGE wishes to recruit full time overseas students.
2. The National Code of Practice for providers of education and training to overseas imposes certain
obligations and requirements on the providers of education and training; courses to overseas students.
3. THE COLLEGE is registered on the Commonwealth Register of Institutions and Courses for Overseas
Students (CRICOS) as part of the ESOS Act requirements under CRICOS Code No. 03450E
Document name Education Agent Agreement v3.0
Reviewed date To review date Version no. 3.0

12/12/2022 11/12/2023
Document control management – Uncontrolled when printed Page 1 of 10
www.daltoncollege.vic.edu.au
Suite 1, Level 14, 190 Queen Street, Melbourne VIC 3000
ABN: 83 603 077 970 | RTO: 41340 | CRICOS: 03450E
4. THE COLLEGE wishes to engage THE AGENT as its representative for the primary purpose of providing
recruitment services of suitable prospective international students for enrolment and study at THE
COLLEGE.
5. THE AGENT is aware of the requirements of the National Code and has agreed to assist THE COLLEGE
in complying with the ESOS standards in relation to the recruitment of students; this includes agreeing
to a public listing of all agents/organizations that are involved in recruitment services of international
students for THE COLLEGE displayed on THE COLLEGE’s website.
THIS AGREEMENT AUTOMATICALLY OVERIDES ALL PREVIOUS AGREEMENTS/CONDITIONS ANDIS EFFECTIVE IMMEDITALY.
1. DEFINITION
1.1. Agent fees (commission) Fee calculated under Item 3 of the schedule
Means logos, trademarks, designs, and crests that belong to or

1.2. Marks
carry the name of THE COLLEGE
Provider Registration and International Students Management System

1.3. PRISMS (electronic system that holds CRICOS and the electronic confirmation
of enrolment)
1.4. Student fees Tuition fees and material fees set by THE COLLEGE for courses.
Fees relating to the training and education services provided at

1.5. Tuition fees
Dalton College.
Fees relating to the purchase of workbooks for each module of

1.6. Material fees
an enrolled course of study and retained by the student.
1.7. Course program CRICOS registered full time course
A person, (whether within or outside Australia) who intends to

1.8. Prospective student become, or who has taken any steps towards becoming a
student at THE COLLEGE
1.9. Student Overseas student as defined in the ESOS Act
1.10. Term The period set out in Item 1 of the schedule
2. In this agreement, unless the contrary intention appears:
2.1 Headings included in this agreement do not affect the agreement; it is intended for the ease of
reference only.
2.2 Grammatical forms of defined words or expressions have corresponding meanings;
Document name Education Agent Agreement) v2.0
Reviewed date To review date 11/12/2022 Version no. 3.0

12/12/2021
Suite 1, Level 14, 190 Queen Street,Melbourne VIC 3000
ABN: 83 603 077 970 | RTO: 41340 | CRICOS: 03450E
2.3 Money is in Australian dollars unless otherwise stated and a reference to “A$‟, “AUD‟, “$A‟,
“dollar‟ or “$‟ is a reference to Australian currency; and
2.4 The (attached) Schedule forms part of this agreement; and this agreement will override the
schedule only due to any conflict between the schedule and this agreement.
3. Detailed obligations of THE AGENT
In performing the services, THE AGENT must:
3.1 Promote the courses offered by THE COLLEGE with integrity and accuracy and recruit
prospective students in an honest, ethical and responsible manner;
3.2 Inform prospective students accurately about the requirements of the course(s) using only
material belonging and provided by THE COLLEGE;
3.3 Assist to uphold the high reputation of THE COLLEGE and of the Australian international
education sector;
3.4 Take reasonable steps in confirming the accuracy of the information provided by prospective
students in the application;
3.5 Ensure that only signed and completed applications are submitted to THE COLLEGE;
3.6 Assist prospective students in completing visa applications and all other relevant and related
requirements;
3.7 Ensure relevant fees, charges and supporting documentation accompany each application and
acceptance of offer documents;
3.8 Provide any offer documents received from THE COLLEGE to the prospective student within
24 hours of receiving the offer documents;
3.9 Provide THE COLLEGE with market intelligence about the recruitment of prospective students
on and off shore;
3.10 Only undertake promotional and marketing activities involving THE COLLEGE that have been
approved by THE COLLEGE;
3.11 Act in accordance with THE COLLEGE policies, procedures and directions received from THE
COLLEGE;
3.12 Ensure prospective students provide accurate information and documents in the application
and comply with student visa requirements;
3.13 Before prospective students complete an application form, THE AGENT must provide the
following information to the student. Information includes but is not limited to:
Document name Education Agent Agreement) v3.0

12/12/2022
ABN: 83 603 077 970 | RTO: 41340 | CRICOS: 03450E
3.13.1 THE COLLEGE‟s facilities, equipment and learning resources;
3.13.2 Course content, course duration, qualifications offered and mode of study;
3.13.3 Satisfactory visa requirements and English language proficiency levels;
3.13.4 Tuition fees and refund policy information;
3.13.5 Living in Australia; cost of living, environment, etc.
3.14 THE AGENT must provide prospective students with information regarding:
3.14.1 students who come to Australia on a student visa must have a primary purpose of
studying and are expected to complete the course within the expected duration and;
3.14.2 any accompanying school age dependents must pay any relevant fees if enrolling in
either government or non-government schools.
3.15 The agent must at all times cooperate with the Australian Skills Quality authority (ASQA) as
follows:
• by providing accurate and factual responses to information requests from the ASQA
relevant to the delivery of services; and
• in the conduct of audits and the monitoring of its operations.
3.16 THE AGENT must not
3.16.1 Engage in any dishonest practices, including suggesting to prospective students that
he or she may come to Australia on a student visa with a primary purpose other than
his or her full-time study;
3.16.2 Facilitate applications for prospective students who do not comply with visa
requirements;
3.16.3 Provide prospective students with „immigration advice‟ as defined in
3.16.4 the Migration Act 1958 unless THE AGENT is separately registered under the Act;
3.16.5 Provide a prospective student inaccurate information in regard to THE COLLEGE‟s
student fee(s) and course material fees on his or her acceptance into a course;
3.16.6 Receive and or bank from a prospective student the course fee(s) payable to THE
COLLEGE or deduct any amount from the course fee(s) payable to the prospective
student;
3.16.7 Make any representations, offers and or guarantees to prospective students in regard
to the likelihood of obtaining a student visa;
3.16.8 Engage in false and or misleading advertising and or recruitment practices;
3.16.9 Make any false or misleading comparisons with any other education provider or their

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ABN: 83 603 077 970 | RTO: 41340 | CRICOS: 03450E
courses or make any inaccurate claims regarding any association between THE
COLLEGE and other education providers;
3.16.10 Undertake any advertising and or promotional activity in regard to the courses offered
by THE COLLEGE without the prior written consent of THE COLLEGE;
3.16.11 Commit THE COLLEGE to accept any prospective student into a course;
3.16.12 Use or access PRISMS without the prior written consent of THE COLLEGE;
3.16.13 Use or access PRISMS to create a confirmation of enrolment;
3.16.14 Use any registered and or unregistered Mark without the prior written approval of THE
COLLEGE;
3.16.15 Actively recruit or attempt to recruit prospective students with the knowledge of the
engagement between the student and another official representative of THE
COLLEGE;
3.16.16 Sign or encourage or allow others to sign official documents, such as student
application and enrolment forms on behalf of a prospective student or an accepted
student. The students signature that appears on all official supporting documentation
must be the same signature that appears on the application and enrolment forms;
3.17 Unless THE COLLEGE otherwise agrees in writing, THE AGENT must bear the cost of
advertising and promotional activities undertaken by the agent under this agreement.
3.18 THE AGENT must not redeem any commission of any extension fee of a student. The
commission strictly applies on the principal courses of the initial application only.
3.19 THE AGENT must not provide fraudulent documents for prospective students in the enrolment
application and visa application;
3.20 THE AGENT must not facilitate applications for prospective students who do not comply with
visa requirements and has intention to be unlawful non-citizens.
4. Role of THE COLLEGE
4.1 THE COLLEGE must
4.1.1 Provide sufficient information and training to enable THE AGENT to undertake the
recruitment services of international students;
4.1.2 Assess completed application forms from prospective students within a reasonable
time of receipt;
4.2 THE COLLEGE will immediately take corrective action or terminate the agreement with THE
AGENT if it becomes aware of THE AGENT being negligent, careless or incompetent or being

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ABN: 83 603 077 970 | RTO: 41340 | CRICOS: 03450E
engaged in false, misleading or unethical advertising and recruitment practices, including
practices that could harm the integrity of Australian education and training.
4.3 THE COLLEGE will terminate the agreement with THE AGENT if it becomes aware of, or
reasonably suspects dishonest practices, including the deliberate attempt to recruit a student
where this clearly conflicts with the obligations of registered providers under National Code
Standard 7 (Transfer between registered providers, whereby a receiving registered provider
must not knowingly enroll the student wishing to transfer from another registered provider’s
course prior to the student completing six months of his or her principal course of study) or
any of the other dishonest practices outlined above.
5. Confidentiality
5.1 THE AGENT must keep confidential:
5.1.1 All information received by THE COLLEGE, other than to the extent disclosure is
required to perform the services in accordance with this Agreement; and
5.1.2 The terms of this Agreement.
6. Agent Fees (commission)
6.1 THE COLLEGE must pay THE AGENT’s Fee for each student who:
6.1.1 Is recruited by THE AGENT;
6.1.2 Is enrolled in a full time Course at THE COLLEGE;
6.1.3 Has paid the Course fee(s) to THE COLLEGE;
6.1.4 Has commenced the Course; and
6.1.5 Has not, subsequent to commencing the program, been fully refunded the course
fee(s)
6.2 THE AGENT is regarded as having recruited a student under this Agreement if THE AGENT
submits the student's application for enrolment and that application also bears THE AGENT's
name and other details (where applicable)
6.3 THE AGENT’s Fee is not paid where the student applies to enroll directly to THE COLLEGE.
6.4 THE COLLEGE must pay the fees payable under this clause within 30 days of receipt of a valid
invoice from THE AGENT.
7. Termination of Agreement
7.1 Either party may terminate this Agreement at any time by giving the other party 30 days prior
written notice.

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ABN: 83 603 077 970 | RTO: 41340 | CRICOS: 03450E
7.2 If THE AGENT breaches any provision of this Agreement, THE COLLEGE may terminate this
Agreement at any time and with immediate effect by giving written notice to THE AGENT.
7.3 On termination of this Agreement, THE AGENT must:
7.3.1 Submit all applications and fees from prospective students received up to the
termination date; and
7.3.2 Immediately cease using any advertising, promotional or other material supplied by
THE COLLEGE
7.4 On termination of this Agreement, THE AGENT is not eligible to claim further commission
8. Monitoring Arrangements
8.1 As an Education Agent representing THE COLLEGE, THE AGENT’s activities in relation to
promoting THE COLLEGE will be monitored to ensure THE AGENT is acting in the best
interests of THE COLLEGE, the student, and the Australian education system. These monitoring
activities require THE AGENT’s participation and contribution which are listed below.
8.2 THE AGENT must submit a report of their activities once per month. This report is to outline
the promotional activities that have been undertaken on behalf of THE COLLEGE and include
any students that have been contacted or recruited to enroll with THE COLLEGE. (E-mail will
suffice)
8.3 THE AGENT will be required to undertake an annual review. Where practical a face to face
meeting will be organized to review THE AGENT’s activities. Where a face to face meeting is
not appropriate THE COLLEGE will conduct an internal review of THE AGENT’S activities. The
reviews will include:
▪ Overview of current practices and relationship with THE COLLEGE
▪ Ensuring current marketing materials are being used
▪ Ensuring representation of THE COLLEGE is appropriate
▪ Discussion of any issues or concerns with the agent or appropriate staff
8.4 The review will be undertaken by the CEO and Marketing Manager. Minutes of any meetings
or notes of internal reviews will be taken and kept on THE AGENT’s file.
8.5 Further monitoring of Education Agents activities and conduct with prospective students will
be gained through feedback collected from students upon enrolment. Through the course
orientation students will be asked to complete a survey in relation to their dealings with
Education Agents that represent THE COLLEGE

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ABN: 83 603 077 970 | RTO: 41340 | CRICOS: 03450E
8.6 This process ensures that any issues relating to Education Agents providing misleading or
dishonest information to prospective students is identified and can be addressed.
8.7 Any issues that are identified will be discussed in the Senior Management Meetings and if
required, discussed with the particular Education Agent. This meeting / discussion will to be
documented and kept on THE AGENTs file.
9. Assignment and Subcontracting Agreement
9.1 THE AGENT must not assign this Agreement or any rights under this Agreement without the
prior written consent of THE COLLEGE (which may be withheld at its discretion).
9.2 THE AGENT must not subcontract to any person the performance of any of its obligations
under this Agreement without the prior written consent of THE COLLEGE (which may be
withheld at its discretion).
9.3 Despite any subcontract, THE AGENT remains liable for performing its obligations under this
Agreement.
9.4 THE AGENT must terminate any agreement with a sub-contractor if they become aware of, or
reasonably suspect, dishonest practices, including the deliberate attempt to recruit a student
where this clearly conflicts with the obligations or registered providers under National Code
Standard 7 (Transfer between registered providers, whereby a receiving registered provider
must not knowingly enroll the student wishing to transfer from another registered provider’s
course prior to the student completing six months of his or her principal course of study) or
any of the other dishonest practices outlined above.
10. Notices
10.1 A notice under this Agreement must be in writing and sent by prepaid post, airmail, facsimile,
or electronic mail to the party at the address set out in Item 4 of the Schedule or other address
notified under this clause.
10.2 A party changing its address, facsimile number or electronic mail address must give notice of
that change to the other party immediately.
11. Entire Agreement
11.1 This Agreement and its schedule:
11.1.1 constitutes the complete and full agreement between the parties as to its subject
matter; and
11.1.2 In relation to that subject matter, replaces and supersedes any prior arrangement or
Reviewed date To review date 11/12/2023 Version no.

12/12/2022 3.0
Tel: (03) 9043 1668 | info@daltoncollege.vic.edu.au
ABN: 83 603 077 970 | RTO: 41340 | CRICOS: 03450E
agreement between the parties.
11.2 This agreement may only be altered in writing and signed by both parties.
11.3 This Agreement is governed by and construed in accordance with the law in force in the State
of Victoria, Australia.
11.4 The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria,
Australia and the Federal Court of Australia.

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ABN: 83 603 077 970 | RTO: 41340 | CRICOS: 03450E
12. AGREEMENT SCHEDULE and CONFIRMATION
Item 1: Term
One (1) years from the date of agreement from: to
Item 2: Territory
Off-shore On-shore Both
Item 3: Agent’s Fee
1. A commission of 35% inclusive GST of total tuition fee is payable for each student recruited
ONSHORE into any of the full time courses offered by and provided on THE COLLEGE’s scope of
registration (Material fees and Enrolment fee are not included).
OFFSHORE into any of the full time courses offered by and provided on THE COLLEGE’s scope of
registration (Material fees and Enrolment fee are not included).
ONSHORE into any of the short-course and English Courses (including ELICOS and PTE) offered
by and provided on THE COLLEGE’s scope of registration (Materials fees and Enrolment fee are
not included).
OFFSHORE into any of the short-course and English Courses (including ELICOS and PTE) offered
by and provided on THE COLLEGE’s scope of registration (Materials fees and Enrolment fee are
not included).
Item 4: Declaration
I of
Declare that I:
• Will take reasonable steps to avoid conflict of interest with my duties as an education agent of the
College.
• Will observe appropriate level of confidentiality and transparency in my dealing with overseas students
or intending overseas students.
• Will act honestly and in good faith, and in the best interest of the students or intending students.
• Have appropriate knowledge and understanding of the international education system in Australia.
• I agree to the terms and conditions described in this agreement.
Signature Date:
Reviewed date 12/12/2022 To review date 11/12/2023 Version no. 3.0

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www.daltoncollege.vic.edu.

EDUCATION AGENT AGREEMENT

BETWEEN “THE COLLEGE”

Company name Global Education Consultant P/L Trading as Dalton College

ABN/ACN 83-603-077-970 / 603-077-970

Phone (03) 9043 1668

Signature of Officer Date

AND “THE AGENT”

Signature of Officer Date

1. THE COLLEGE wishes to recruit full time overseas students.

Document name Education Agent Agreement v3.0

Reviewed date To review date Version no. 3.0

students for THE COLLEGE displayed on THE COLLEGE’s website.

Means logos, trademarks, designs, and crests that belong to or

Provider Registration and International Students Management System

Fees relating to the training and education services provided at

Fees relating to the purchase of workbooks for each module of

1.7. Course program CRICOS registered full time course

A person, (whether within or outside Australia) who intends to

1.9. Student Overseas student as defined in the ESOS Act

1.10. Term The period set out in Item 1 of the schedule

2. In this agreement, unless the contrary intention appears:

2.2 Grammatical forms of defined words or expressions have corresponding meanings;

Document name Education Agent Agreement) v2.0

Reviewed date To review date 11/12/2022 Version no. 3.0

“dollar‟ or “$‟ is a reference to Australian currency; and

3. Detailed obligations of THE AGENT

In performing the services, THE AGENT must:

prospective students in an honest, ethical and responsible manner;

material belonging and provided by THE COLLEGE;

students in the application;

acceptance of offer documents;

24 hours of receiving the offer documents;

on and off shore;

approved by THE COLLEGE;

and comply with student visa requirements;

Reviewed date To review date 11/12/2023 Version no. 3.0

3.13.1 THE COLLEGE‟s facilities, equipment and learning resources;

3.13.3 Satisfactory visa requirements and English language proficiency levels;

3.13.4 Tuition fees and refund policy information;

3.13.5 Living in Australia; cost of living, environment, etc.

either government or non-government schools.

relevant to the delivery of services; and

• in the conduct of audits and the monitoring of its operations.

3.16 THE AGENT must not

his or her full-time study;

3.16.3 Provide prospective students with „immigration advice‟ as defined in

3.16.5 Provide a prospective student inaccurate information in regard to THE COLLEGE‟s

to the likelihood of obtaining a student visa;

3.16.8 Engage in false and or misleading advertising and or recruitment practices;

Reviewed date To review date 11/12/2023 Version no. 3.0

COLLEGE and other education providers;

by THE COLLEGE without the prior written consent of THE COLLEGE;

3.16.13 Use or access PRISMS to create a confirmation of enrolment;

engagement between the student and another official representative of THE

application and enrolment forms on behalf of a prospective student or an accepted

application and visa application;

visa requirements and has intention to be unlawful non-citizens.

4. Role of THE COLLEGE

4.1 THE COLLEGE must

recruitment services of international students;

Reviewed date To review date 11/12/2023 Version no. 3.0

engaged in false, misleading or unethical advertising and recruitment practices, including