Agent Agreement

AGENT AGREEMENT
This agency agreement is made between:

Ultimate Education Group Pty Ltd

Trading as

Ultimate Institute of Australia (UIA)

ABN No. 79132349681
CRICOS CODE: 03511G

(Hereinafter called as “the Institute”)

Registered Address:
51-53 Elizabeth Street
Melbourne, AUSTRALIA

AND
Dong Phuong Company Limited (International Multidisciplinary)

Business Registration: 0314553100

___________________________
ABN
(Hereinafter called as “the Agent”)

Registered Address:
Phan Van Tri Str. GoVap Dist. HCM City, Vietnam
__________________________________________________________________________________

16 January 2024
Dated:_______________________________

BACKGROUND TO AGREEMENT

a. The Institute intends to recruit full time overseas students to study at the Institute.

b. The Education Services for Overseas Students Act 2000 (“the ESOS Act”) requires certain obligations
and requirements on the providers of education and training courses to overseas students and those
providers’ agents, including the obligations set out in the national code established under the ESOS Act
(“the National Code 2018”).

c. The Institute is registered on the Commonwealth Register of Institutions and Courses for Overseas Students
(CRICOS) as part of the ESOS Act requirements under CRICOS Code 03002G.

d. The Agent provides services of recruiting suitable prospective students for enrolment and study in Australia.

e. The Institute intends to engage the Agent as its representative in the approved Territory.

f. The Agent is aware of the requirements of the ESOS Framework (includes ESOS Act 2000 and the ESOS
National Code 2018) and the Standards for RTOs 2015 and has agreed to comply with those requirements.

Document Title: Education Agent Agreement | Version: 5.1 Page 1 of 14

Last Review: January 2024
 Agent Agreement
AGREEMENT
1. DEFINITIONS
In this Agreement the following definitions are applied:

‘Agent’s Fee’: means the commission or fee calculated under Item 3 of Schedule;

‘Course’: means the full-time registered courses programs offered by the Institute and registered on

CRICOS;

‘Course Fee’: means the total fee for the course including tuition fees, material & textbook fees and other indirect
fees relating to the course;

‘Department of Home Affairs’: a Commonwealth department responsible for student visas and
immigration;

‘GTE Criteria’: refers to the Ministerial Direction No 69 to assess the students and ensure they are genuine
temporary entrants;

‘Marks’: means logos, trademarks, designs, and crests that belong to or carry the name of the Institute;

‘PRISMS’: means the Provider Registration and International Students Management System (the electronic system
that holds CRICOS and the electronic confirmation of enrolment);

‘Prospective student’: means a person (whether within or outside Australia) who intends to become, or who has
taken any steps towards becoming a Student at the Institute;

‘Services’: means the services and agent’s responsibilities described in clauses 3 and 4;

‘Student’: means an “International Student” or an 'overseas student' as defined in the ESOS Act;

‘Term’: means the period of agreement set out in Item 1 of Schedule 1;

‘Territory’: means the countries or regions set out in Item 2 of Schedule 1;

‘Tuition Fee’ means the tuition fees for the course set by the Institute and excludes application fees, accommodation
fees, airport pick up fees, insurance fees, material fees and other indirect fees relating to the course;

‘ASQA’ refers to Australian Skills Quality Authority;

‘CRICOS’ refers to Commonwealth Register of Institutions and Courses for Overseas Students; ‘SSVF’
refers to Simplified Student Visa Framework;

‘UIA’ refers to the Institute, Ultimate Institute of Australia.

In this Agreement, unless the contrary intention appears:

• Headings are for ease of reference only and do not affect the meaning of this agreement;
• The singular includes the plural and vice versa and words importing a gender include other genders;
• other grammatical forms of defined words or expressions have corresponding meanings;
• money is in Australian dollars unless otherwise stated and a reference to 'A$', 'AUD', '$A', 'dollar' or '$' is a
reference to Australian currency; and
• Schedule 1 to this Agreement forms part of the Agreement, but if there is any conflict between a clause of
this Agreement and the Schedule, the clause of this Agreement will prevail.

Document Title: Education Agent Agreement | Version: 5.1 Page 2 of 14

Last Review: January 2024
 Agent Agreement
2. ENGAGEMENT OF THE AGENT

• The Institute engages the Agent to be its representative to perform the Services in the Territory for the
Term.

• This is a non-exclusive agreement. The Institute may appoint other Agents in the Territory.

• The Agent cannot promote the Institute outside the Territory or perform the services outside the
Territory, without the Institute’s prior written consent.

• If the Agent wishes to expand the Territory the Agent must make a written request submitted to the Institute
no later than thirty days before the recruitment of Prospective Students in the new Territory is planned to
start. The Institute is under no obligation to recognize the Agent’s new Territory or accept applications for
enrolment from Prospective Students recruited by the Agent in the new Territory.

3. MAIN RESPONSIBILITIES OF THE AGENT

Under this Agreement, the Agent must:

3.1 Promote the Institute and the Courses in the Territory in accordance with the Institute policy and
procedures, recruit and assist in the recruitment of prospective students to undertake the Courses;

3.2 Provide prospective students with all necessary information about the Courses, the Institute facilities
and services and assistance in completing and submitting application forms to the Institute;

3.3 Interview, counsel and screen prospective students, who are interested in applying for courses through
the Agent;

3.4 Ensure that the prospective student completes the application form, including complete documentation and
certification of copies of original documents to support the application;

3.5 Perform any other services and provide any reports or information requested by the Institute or required
by this Agreement or as per Australian Regulatory requirements;

3.6 Provide the Institute with market intelligence about the recruitment of prospective students in the Territory;

3.7 Recruit the agreed minimum number of students per annum (refer to Schedule-1 Item No:3);

3.8 Ensure that all the SSVF applications meet the GTE criteria. Agree and adhere to the Privacy Statement
of this agreement (Clause 19); and

3.9 declare in writing and take reasonable steps to avoid conflicts of interests with its obligation as an education
agent of the Institute (refer to standard 5.1)

4. DETAILED OBLIGATIONS OF THE AGENT

4.1 In performing the Services, the Agent must:

a. promote the Courses with integrity and accuracy and recruit prospective students in an honest,
ethical and responsible manner;

b. inform prospective students accurately about the requirements of Courses using only
material provided by the Institute;

c. assist to uphold the high reputation of the Institute and of the Australian international
education sector;

Document Title: Education Agent Agreement | Version: 5.1 Page 3 of 14

Last Review: January 2024
 Agent Agreement
d. take reasonable steps in confirming the accuracy of the information provided by
prospective students in the application;

e. assist the Institute with providing the student with the required admissions related and any other
supplementary documentation required to be completed;

f. ensure that only signed and completed applications are submitted to the Institute;

g. assist in the coordination of admissions practices such as the PTR and/or LLN interview i.e.
organising student interview timings;

h. assist prospective students to complete visa applications;

i. ensure that relevant fees and charges and supporting documentation accompany each application
and acceptance of offer documents;

j. provide any offer documents received from the Institute to the prospective student within 24 hours of
receiving the offer documents;

k. only undertake promotional and marketing activities involving the Institute that have been approved
by the Institute;

l. act in accordance with the Institute policies and procedures and directions given by the Institute;

m. act honestly and in good faith, and in the best interests of the student;

n. recruit students that are genuinely interested and eligible for a course, therefore have a higher
likelihood of successful completion;

o. where applicable, provide advice and support to students to ensure students’ successful
completion of the course;

p. ensuring students completion of the course;

q. have appropriate knowledge and understanding of the international education system in Australia,
including the Australian International Education and Training Agent Code of Ethics;

r. provide proper advice and counselling to students, to make sure they understand their full
obligations as a student visa holder. This includes, but is not limited to, attendance requirements,
course progress requirements, graduation/course completion expectations, not encouraging
applying for protection visa in un-exceptional circumstances, not encouraging behaviours that
allude to being an illegal immigrant (not meeting student visa holder expectations), not influencing
students to change providers within the minimum period requirements and/or changing AQF level
that breaches their visa requirements, etc;

s. observe appropriate levels of confidentiality and transparency in their dealings with overseas
students or intending overseas students; and

t. keep advising Institute about the progress in Visa application processing stages and let Institute know and
send Visa approval letter as soon as student’s visa is granted by Immigration Department (DIBP, High
Commissions/Embassy).

4.2 Before prospective students complete an application, the Agent must give them information provided to
the Agent by the Institute about:

a. the Institute and its facilities, equipment and learning resources;

b. the Courses, including course content and duration, qualifications offered, modes of study;

Document Title: Education Agent Agreement | Version: 5.1 Page 4 of 14

Last Review: January 2024
 Agent Agreement
c. the entry requirements, including the minimum level of English language ability and
educational qualifications required for acceptance into the Courses;

d. visa requirements which must be satisfied by the student including English language
proficiency levels;

e. the Fees including Tuition fees, course related material and equipment fees

f. fee payment, withdrawal, college transfer and, refund policy; and

g.living in Australia and the local environment of the relevant campus, including information
about campus location and costs of living.
4.3 The Agent must also advise prospective students that:

a. Students who come to Australia on a student visa are Genuine Temporary Entrants (GTE) and must
have a primary purpose of studying and are expected to complete the course within the expected
duration; and

b. any accompanying school age dependents must pay any relevant fees if enrolling in either
government or non-government schools.

4.4 The Agent must not:

a. give false and misleading information to students.

b. give or declare (either written or verbal) false or misleading information to any Government agencies e.g.
DIBP, High Commissions/Embassy etc. The Institute has the right to terminate the agency agreement
immediately and cease all given facilities including all commissions (past and present). Providing false
and misleading information could end up with immediate termination of this agreement.

c. engage in any dishonest and unethical practices, including, but not limited to, suggesting to prospective
students that they may come to Australia on a student visa with a primary purpose other than full time
study;

d. facilitate applications for prospective students who do not comply with visa requirements;

e. provide prospective students with ‘immigration advice’ as defined in the Migration Act 1958 unless the
Agent is separately registered under that Act;

f. give a prospective student inaccurate information about:

• the Course Fee payable to the Institute; or

• his or her acceptance into a Course;

g. receive or bank the Fees payable to the Institute by a prospective student or deduct any amount
from the Course Fee payable by the prospective student (except in special circumstances and with
prior approval from the institution);

h. make any representations or offer any guarantees to prospective students about the likelihood
of obtaining a student visa;

i. engage in false or misleading advertising or recruitment practices;

j. submit any fraudulent documents or engage in any behaviour that is contrary to Australian
Government’s laws and policies;

Document Title: Education Agent Agreement | Version: 5.1 Page 5 of 14

Last Review: January 2024
 Agent Agreement
k. make any false or misleading comparisons with any other education provider or their programs or
make any inaccurate claims regarding any association between the Institute and other education
providers;

l. undertake any advertising or promotional activity about the Courses or the Institute without the prior
written consent of the Institute;

m. commit the Institute to accept any prospective student into a Course;

n. use any registered or unregistered mark without the prior written consent of the Institute;

o. actively promote the enrolment and/or transfer of students to other Institute’s before the
completion of the course and without the Institute’s consent;

p. actively recruit, or attempt to recruit, Prospective Students that the Representative knows to have
engaged the services of another official representative of the Institute; or

q. sign or encourage or allow others to sign official documents such as the application form, on behalf of a
prospective Student or Student. The Student’s signature that appears on all official documents must be the
same signature as that which the Prospective Student used when signing the Institute application form.

4.5 Unless the Institute otherwise agrees, the Agent must bear the cost of advertising and
promotional activities undertaken by the Agent under this Agreement.

4.6 Under this Agreement, the Agent will not be granted access to PRISMS by the Institute.

4.7 The Agent must terminate any agreement with its employee if:

• the Agent becomes aware of, or reasonably suspect, 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 enrol 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 in Clause 4.4.

4.8 The Agent will cooperate with Regulatory Authority/Australian Skills Quality Authority (ASQA) to visit the
site for audit and provide all requested information in given time frame.

4.9 The Agent will comply with UIA marketing and advertising standards, policies and procedures and
Standards for RTOs 2015.

4.10 The Agent will comply with UIA’s Quality Assurance Policy and Continuous Improvement
Procedures.

4.11 The Agent acknowledges that they will be liable in damages (including punitive or special damages)
arising out of the breach of any of the terms of this agreement.

5 RESPONSIBILITIES OF THE INSTITUTE

5.1 The Institute must:

• give the Agent sufficient information to enable the Agent to undertake the Services, this will include
promotional materials, information brochures and other documents for use by the Agency; and

• assess completed applications from prospective students within a reasonable time of receipt.

5.2 The Institute is not required to accept any prospective student referred by the Agent.

Document Title: Education Agent Agreement | Version: 5.1 Page 6 of 14

Last Review: January 2024
 Agent Agreement

5.3 The Institute will monitor this agreement by interviewing students regarding information provided by the
Agent to ascertain the adherence of the Agent to this agreement; by meetings with the Agent and by visiting
the Agent place of business.

5.4 The Institute will immediately take corrective action or terminate the agreement with the Agent if:

• the Institute finds that the Agent has not been meeting their obligations under this agreement or
the requirements for ESOS Act, SSVF requirement and compliances as set out by the Department
of Home Affairs for international students;

• the Institute becomes aware of the Agent being negligent, careless or incompetent or being engaged in
false, misleading or unethical advertising and recruitment practices, including practices that could harm
the integrity of Australian education and training; or

• where the registered provider becomes aware that, or has reason to believe, the education agent
or an employee or subcontractor of that education agent has not complied with the education
agent’s responsibilities under standards 4.2 and 4.3 in
National Code 2018.

5.5 the Institute 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 enrol 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 in Clause 4.4.

5.6 The Institute is responsible for meeting compliance with the ESOS Act and National Code 2018 at all times
including adherence to the responsibilities under Standard 4 of the National Code 2018.

6 CONFIDENTIALITY

6.1 The Agent must keep confidential all information provided by the Institute, other than to the extent
disclosure is required to perform the Services in accordance with this Agreement and the terms of this
Agreement.

7 PERFORMANCE REVIEW
7.1 The agreement is valid for the duration of Term set out in Schedule 1. However, in six months from the
commencement of the agreement, the Agent’s performance and compliance with the agreement will be
reviewed by the Institute. During the review process, if the agent’s performance is found to be
unsatisfactory/poor including the breach of any conditions outlined in this agreement, the institute has the
right to cancel and terminate this agreement.

8 AGENT'S FEES
8.1 Subject to the other provisions of this clause, the Institute must pay the Agent’s Fee for each student
who:

• is recruited by the Agent;

• is enrolled in a Course; and

Document Title: Education Agent Agreement | Version: 5.1 Page 7 of 14

Last Review: January 2024
 Agent Agreement
• has paid the Tuition Fee to the Institute;

• has commenced the Course; and

• who has not, subsequent to commencing the Course, been fully refunded the tuition fees.

8.2 The Institute will pay the Agent’s Fee only on the Tuition Fees paid by the students.

8.3 An 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
official seal.

• If the student nominates the agent in writing as their agent.

8.4 Agent’s Fee as set out in Item 3 of Schedule 1are subject to review by the Institute based on the agent’s
performance.

8.5 All fees payable are inclusive of Australian Goods & Services Tax (GST) or statutory taxes.

8.6 The Agent will be liable for any fees arising from international money transfers or transfers which involve
different currencies.

8.7 Agent fee will be paid less administrative charges if course fees collected by the institute are through
engagement of third party such as credit agencies or legal fees.

8.8 Agents must claim their Agent’s Fee payable within a period of 1 year from the date of student payment.
Otherwise it will be lapsed and cannot be claimed.

9 AGENT'S FEES NOT PAYABLE

9.1 An Agent’s Fee is not paid where the student applies to enrol directly to the Institute.

9.2 No Agent’s Fee is payable unless the Agent has submitted an invoice in a form approved by the Institute.

9.3 No Agent Fee is payable if the student withdraws their agent nomination in writing.

9.4 No Agent’s Fee is payable if the student withdraws from their course, either prior to the
commencement and/or after the commencement of their course(s).

9.5 No Agent’s Fee is payable for students who has cancelled their enrolment with the Institute.

9.6 The Agent’s total accrued fee is not payable if it is identified that the agent has not complied with Clause
4.4. More specifically, they are committed at least one of the restricted actions.

9.7 An Agent’s Fee is not payable if the visa refusal rate is more than 25% at any time within last 12 months of
review. If identified, then the Agent’s fee is not payable for the student(s) enrolled during the period in
question.

9.8 No Agent’s Fee is payable if the student defaults on payment and/or is reported to either debt collectors or to the
Department of Home Affairs for reasons including but not limited to non-payment of tuition fees, unsatisfactory
course progress or unsatisfactory course attendance, and if fees are recovered and/or collected from these
students after the date they were reported.

9.9 No Agent’s Fee is payable on the scholarship and/or fee discount/waiver amount provided to the student.

Document Title: Education Agent Agreement | Version: 5.1 Page 8 of 14

Last Review: January 2024
 Agent Agreement
9.10 No Agent’s Fee is payable if the student withdraws from the course and any refund to the student is
applicable, even if the Institute deducts certain portion of the fees to cover its fixed overhead as per the
Institute’s Refund Policy.

9.11 No Agent’s Fee is payable if the agency agreement is terminated for any reasons, including but not limited
to, not meeting the target and, false information declaration (verbal or written). In the event the agent
agreement is terminated, any Agent's Fee payable is no longer payable for students, including current
students and/or past students (i.e no longer current).
9.12 No Agent's Fee is payable where the agent makes a claim outside of the 1 year claimable period.

9.13 The institute will not be liable to incur any costs if any mistakes occur due to the agency's miscalculation or
shortcoming, such as in an event of the agency providing the institute incorrect payment details or in the
event of the agency becoming victims of hacking. The Agent must take precautionary measures to protect
their bank account or any other financial related information including emails and other communication IP.

10 REFUND OF COMMISSIONS

10.1 Agent’s commission(s) will have to be refunded by the Agent to the Institute if:

a. a student’s visa application is rejected, or a student’s visa renewal is refused;

b. a student does not fully complete their course and either has their enrolment withdrawn or cancelled
(i.e. ‘student default’) prior to completion and after the commencement of the course, and if the
student is eligible for a refund as per RGIT Australia’s refund policy.

10.2 In any of the above instances in 10.1, the funds paid to the Agent will be owing to the Institute and is
required to be refunded to the Institute.

10.3 All refunds by the Agent to the Institute will be finalised within 28 days of the Institute notifying the Agent
that a refund is required.

10.4 Refund by the Agent to the Institute may be collected via a preferred method including (but not limited
to): an adjustment in future commission or invoice to the Agent, determined by the Institute.

11 REFUND OF STUDENT FEES

The Institute will refund student fees in accordance with its Refund Policy, within 28 days of a default date.
Application for a refund must be made in writing by completing a Refund Application Form. The agents must be
aware that if a student fails to provide correct and complete information in the refund form (Account number,
Swift Code etc.), the refund process may be delayed.

12 TERMINATING THIS AGREEMENT

12.1 Either party may terminate this Agreement at any time by giving the other party 30 days’ prior written
notice. But in some cases, Institute has right to terminate this agency agreement immediately if:

a. The Agent breaches any provision of this Agreement, the Institute may terminate this agreement at
any time and with immediate effect by giving written notice to the Agent.

b. The Agent engages in dishonest and unethical practices such as submitting fraudulent
documents or any other kind of behaviour that is contrary to Australian laws.

Document Title: Education Agent Agreement | Version: 5.1 Page 9 of 14

Last Review: January 2024
 Agent Agreement
c. The Agent is not able to supply the minimum number of students as described in clause 3.7 of this
agreement.

d. Engaged in, or to have previously been engaged in, dishonest practices, including the deliberate
attempt to recruit a student where this clearly conflicts with the obligations of registered providers
under Standard 7 (Transfer between registered providers);

e. The agent still facilitates the enrolment of a student who the education agent doubts or believes
will not comply with the conditions of his or her student visa.

f. Using Provider Registration and International Students Management System (PRISMS) to create
Confirmations of Enrolment for other than bona fide a student; or

g. providing immigration advice where not authorized under the Migration Act 1958 to do so.

h. If there are no student enrolments from the agent for more than 3 months during any given period
within the term of the agreement, the Institute has the right to terminate this contract.

i. The Agent has actively promoted students to engage in dishonest behavior that is not in their best
interests, such as applying for a protection visa in unsuitable circumstances.

12.2 On termination of this Agreement, the Agent must:

a. submit all applications and fees from prospective students received up to the termination date; and

b. immediately cease using any advertising, promotional or other material supplied by the Institute and
return all material to the Institute by registered mail or a reputable international courier.

12.3 The termination of this Agreement by either party does not affect any accrued rights or remedies
of either party except in circumstances of Clause 9.

13 ASSIGNMENT AND SUBCONTRACTING

13.1 The Agent must not assign this Agreement or any right under this Agreement without the prior written
consent of the Institute (which may be withheld at its discretion).

13.2 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 Institute (which may be withheld at its discretion).

13.3 Despite any subcontract, the Agent remains liable for performing its obligations under this
Agreement.

13.4 The Agent must terminate any agreement with a sub-contractor and its employee if:

a. 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 enrol 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.”

b. or any of the other dishonest practices outlined above in Clause 4.

Document Title: Education Agent Agreement | Version: 5.1 Page 10 of 14

Last Review: January 2024
 Agent Agreement
14 NOTICES
14.1 A notice under this Agreement must be in writing and sent by prepaid airmail, facsimile, or electronic
mail to the party at the address set out in Item 4 of Schedule 1, or other address notified under this
clause.

14.2 A party changing its address, facsimile number or electronic mail address must give notice of that
change to the other party.

15 ENTIRE AGREEMENT
15.1 This Agreement and its schedules constitutes the complete and full agreement between the parties as
to its subject matter; and

15.2 In relation to that subject matter, replaces and supersedes any prior arrangement or agreement between
the parties.

16 VARIATION
16.1 This Agreement may only be altered in writing, agreed by both parties.

16.2 Following receipt of the agreement variation email from the Institute and the Agent continuing to operate
under the existing or current agreement and, unless expressly notified otherwise (in writing), the Agents
agrees with, and accept to abide by the amendments made in accordance with National Code 2018
together with those specified in the existing or current agreement.

17 MONITORING
17.1 UIA will monitor the agent in accordance with UIA’s agent selection and monitoring policy. At a minimum,
this will include a six monthly face to face/ telephone/skype review with UIA’s marketing staff. The Institute
will at its own discretion conduct admin and academic integrity check of the students recruited by the
agent, undertake quality assurance survey to assure the students are genuine. These checks can include:

a. Monitoring and ensuring better student visa approval rates

b. Regular monitoring of agent’s websites
c. Performance benchmarking
d. Regular face-to-face meetings with the education agent’s onshore or offshore offices
e. Survey of students recruited by the education agent
f. Any other integrity checks performed by the Institute

17.2 UIA reserves the right to share and seek data from the Department of Home Affairs regarding agent’s
activities and current market intelligence for the purpose of evaluating whether the education agent is
fulfilling their obligations under this agreement and in particular in relation to screening prospective
students.

18 GOVERNING LAW
18.1 This Agreement is governed by and construed in accordance with the law in force in the State of Victoria,
Australia.

18.2 The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia and the
Federal Court of Australia.

19 PRIVACY STATEMENT
19.1 As an approved Agent, you agree to your personal information being:

a. recorded in PRISMS. This may include your name, business email address, phone number and address;

Document Title: Education Agent Agreement | Version: 5.1 Page 11 of 14

Last Review: January 2024
 Agent Agreement
b. accessed by the Australian Government Department of Education and Training, Department of Immigration
and Border Protection and other Commonwealth agencies that access
PRISMS;

c. used to administer or monitor compliance with the Commonwealth legislation e.g. Education Services
for Overseas Students Act 2000, Migration Act 1958; and

d. disclosed by the Australian Government Department of Education and Training to other Australian
Government entities (including, but not limited to ASQA and TEQSA), education institutions and publicly.
The Australian Government Department of Education and Training will share individual agents’
performance publicly as aggregated data (but will not identify agent – provider relationships). Agent-
provider relationships will only be identified when data is shared with education providers and other
Australian Government entities.

20. DISPUTE RESOLUTION

20.1 If any dispute arises between the Institute and Agent in relation to the effect of this Agreement and
that dispute is not resolved within thirty (30) days, the parties may appoint a person who may be a
senior member of the institute or a person independent of the Institute to resolve the dispute.
20.2 Where the resolution above fails, the dispute maybe referred to Arbitration in accordance with the
laws relating to Arbitration in force in the State.
20.3 In the event Arbitration occurs, each of the parties may be represented by a qualified third party.
20.4 The costs incurred by each of the parties at Arbitration as per subclause (20.3) shall be borne by the
individual parties, but the fees and expenses of the Arbitrator and any costs of the arbitration shall
be borne equally by both parties.

Document Title: Education Agent Agreement | Version: 5.1 Page 12 of 14

Last Review: January 2024
 Agent Agreement
SCHEDULE 1
Item 1: Term
16 January 2026
The agreement is valid until ………………..
Item 2: Territory
The agent is authorised to represent the institute in the country where their business is registered. If the
Agency has business registered in multiple locations and/or country under different entity and/or trading
name, and if they want to represent UIA Australia in those territories, agency must submit a separate agency
application and sign a separate agency agreement for each entity (Agency’s Business Registration Certificate
must be submitted to the institute during the Agency Application phase.)

Item 3: Recruitment target

The agent is expected to recruit a minimum of:

a. 5
………. students per Term
20 students per annum
b. ……….

Item 4: Agent’s Fee

The Institute will pay the following commissions to the Agent upon the successful enrolment of students
and payment of fees by the student, subject to Clause 8 and 9 of this agreement.

a. _____ % of the total tuition fees of the courses,inclusive

30 ________ of Australian GST.
inclusive of Australian GST.
20 % of the total tuition fees of the ELICOS program, _________
b. ____

c. 10 % of the short course fee inclusive of Australian GST.

____
inclusive of
15 % of the total fee of Skill Recognition Assessment for the qualification (RPL) _____________
d. ____
Australian GST.

Term and Conditions

_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________

_______________________________________ ______________________________________
Signature -UIA Representative Signature – Agent Representative
Name: …………………………………………
Janaki Gurung Name: ……………………………
Sang Vo

Position: ……………………….………………
Agency Management Manager Position: …………………………
CEO
_____________________________________________________________________________________________

Agent’s Fee is subject to review by the Institute based on the agent’s performance as set out in Clause 8 of this
agreement.

Item 5: Addresses for Notices & Correspondence

The Institute
Attention: UIA Marketing Team
Address: Level 2 51-53 Elizabeth Street, Melbourne VIC 3000, Australia
Contact Telephone: +61 3 9909 8830
Email: marketing@uia.edu.au

Document Title: Education Agent Agreement | Version: 5.1 Page 13 of 14

Last Review: January 2024
 Agent Agreement

The Agent

Contact Person
Name/Manager: Sang Vo
Business Entity Name Dong Phuong International Education and Trading Company Limited

Agency (trading) Name: Dong Phuong Company Limited (International Multidisciplinary)

Business Address: Phan Van Tri Str. GoVap Dist. HCM City, Vietnam
Agency Type: *** Onshore ✔ Offshore 
✔

Contact Telephone: 8490390216 Fax No:

Email: trantommyinternationalmultidis@gmail.com
Executed as an Agreement

SIGNED for the Institute by an authorised officer )

)
)
Signature of officer

Mr. Rabi Yonzon

Name of officer (print)

Managing Director
Company Seal (If applicable) Position in the company

16 January 2024
Date
SIGNED for Company Name by an authorised )
officer )
)
Signature of officer

Sang Vo
Name of officer (print)
Company Seal (If Applicable)
CEO
Position in the company

16 January 2024
Date
***Agent MUST fill up and sign separate Agency
Agreement for ONSHORE and OFFSHORE Offices ______________________________________________________

Document Title: Education Agent Agreement | Version: 5.1 Page 14 of 14

Last Review: January 2024