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TERMS & CONDITIONS

TERMS AND CONDITIONS OF GEOS NEW ZEALAND LANGUAGE CENTRE'S

1. Agreement
1.1 We will provide you with education and accommodation services in accordance with the selection of services made by you on the registration form.
1.2 We will from time to time following commencement of your placement provide you with activity services or introduce you to third party activity service providers, on such additional terms as shall be agreed on an activity by activity basis.
1.3 We will provide the above services selected by you in accordance with:
(a) these terms and conditions; and
(b) our policies, operating standards and student rules and regulations; and
(c) the Ministry of Education’s New Zealand Code of Practice for the Pastoral Care of International Students and Circular 99/03 Rules for Student Enrolment Records.
1.4 You will comply with all terms, conditions, policies, operating standards, rules or regulations that apply to you including, but not limited, to our published school "rules and regulations".

2. Fees
2.1 Our fees will be charged in accordance with the fee schedules current at the time of our processing of your registration form.
2.2 All course fees shall be paid in full 10 working days prior to the commencement of the course. If fees are not paid in such time then we reserve the right to decline the course placement.
2.3 A non-refundable registration fee of NZ$150 forms part of the course fees. This sum will be applied towards your course fees if your placement proceeds.
2.4 A non-refundable homestay arrangement fee of NZ$120 forms part of the homestay fees. This sum will be applied towards your homestay fees if your placement proceeds.
2.5 Homestay fees
(a) If you are enrolled for a course for less than 12 weeks, full payment of your homestay fees shall be made prior to commencement of your course.
(b) If you enrolled for a course of more than 12 weeks then payment of a sum equivalent to 12 weeks homestay fee shall be made prior to commencement of the course. Thereafter, homestay fees shall be payable in advance in 12 week instalments.
2.6 Refund on postponement or withdrawal
(a) Should you withdraw from your course prior to its commencement, we will refund to you all course fees less 10% or NZ$500 (whichever the lesser) and less the registration fee and less the homestay arrangement fee.
(b) Should you withdraw from your homestay prior to its commencement, all unused homestay fees will be refunded to you.
(c) If you withdraw from your course for medical or family reasons, we, in our sole discretion, may refund to you a portion of your course fees upon application by you.
(d) For reasons of your proficiency in English language, we, in our sole discretion, may refund to you a portion of your course fees upon application by you.
2.7 All fees will be held in accordance with our Fee Protection policy.

3. Homestay arrangements
3.1 Notwithstanding clause 2.6(b) you may seek to vary your homestay arrangements provided you do so through us. We, at our sole discretion, may vary your homestay arrangements if we see fit to do so.
3.2 Any change to the homestay arrangement will incur a fee.
3.3 In addition to our rules and regulations, you will comply with the rules set down by your homestay family.4. Misconduct/disciplinary procedures
4.1 You will comply with our disciplinary procedures and we reserve the right to terminate this agreement at our sole discretion if we are dissatisfied with your conduct, behaviour or willingness to comply with disciplinary procedures.

5. Privacy
5.1 We will hold personal information about you so that we may carry out our responsibilities under this agreement and otherwise. The information you supply to us must be true and correct.
5.2 You will have the right to correct personal information held about you. You and we agree that information held by us as to your academic progress is evaluative material and not personal information.
5.3 We may check or disclose the personal information we hold about you with or to such persons as credit agencies, homestay providers, local schools, activity providers and the New Zealand Immigration Service and you consent to and authorise the same.

6. Warranty/consents

6.1 You warrant that as a party to this agreement you are a person aged over 18 years and/or have legal capacity to execute this agreement in respect of the student.
6.2 If you are not the student then you warrant that you have explained to the student all their obligations under this agreement.
6.3 In the event that you or the student suffer a personal injury or illness at any time during your or their course in New Zealand, you consent to the arrangement of such medical intervention as is necessary to preserve life and/or wellbeing by us, our agents and/or third party service providers and you release us from any liability in respect of such action, and will indemnify and hold us harmless for all cost or liability we incur in respect of such action.

7. Liability
7.1 Consumer Guarantees Act – nothing in this clause shall limit or reduce your rights (if any) under the Consumer Guarantees Act 1993 unless you require our services for the purpose of business in which case you agree that the Consumer Guarantees Act will not apply.
7.2 Exclusion and Limit of Liability - We will not be liable to you for any property that has been physically damaged or lost, for any other direct loss or damage or for any indirect or consequential loss whatsoever whether caused through breach of contract or breach of any other obligation owed to you for any other reason, or through the negligent omission or any other act of a third party, or through any event beyond our control, except to the extent that we are liable under the Consumer Guarantees Act to compensate you for such loss or damage.
7.3 You will indemnify and hold us harmless in respect of all express, losses, damages and costs (on a full indemnity basis) incurred by or awarded against us arising out of any claim by any person in relation to your conduct in New Zealand.

8. Termination

8.1 If you fail to meet your obligations under this agreement, we will send a written notice to you at your last known address in New Zealand explaining to you what is wrong, what needs to be done and when it must be done by. If you do not comply with that notice we may terminate this agreement immediately.

9. Notice of Address

9.1 You will keep us at all times informed of your current address and phone number in New Zealand while undertaking one of our courses. You agree that this is an important term of the agreement between us, the breach of which shall entitle us summarily to terminate this agreement and to expel you from the school.

10. Dispute resolution

10.1 Any dispute arising out of or in connection with this agreement shall be resolved in the following manner:
(a) By the convening of a meeting between you and a member of our Management Committee our Director of Studies or his or her deputy for the time being. You may bring a support person to this meeting.
(b) If that meeting is not successful the dispute shall then be referred to the grievance procedure established by the International Education Appeal Authority.

11. New Zealand Law

11.1 The proper law of this agreement shall be New Zealand law and the parties agree that the forum conveniens for any dispute not resolved under clause 9 shall be the New Zealand Courts.

12. Definitions

"We" means GEOS Auckland Language Centre Limited and shall apply to the
Auckland and/or Christchurch campuses as appropriate.
"You" means the person executing this agreement and, other than in clause 6, the student.
"Student" means the person who is to study with us.
"Conduct" includes but is not limited to regular attendance at class.
"Behaviour" includes but is not limited to use of alcohol, drugs, vandalism or theft of property or other act of dishonesty or violence whether on campus or elsewhere.
"Working Day" means any day excluding weekends and public and statutory holidays.

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