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Australia and New Zealand Terms and Conditions

2020

In these Terms and Conditions 'EC' means either or both EC English Australia Pty Limited (EC Australia) or EC English (New Zealand) Limited (EC NZ) as relevant.

1. Payment of Fees
A Confirmation of Enrolment (CoE) will only be issued to support a student visa application process when the initial payment of tuition and non-tuition fees as set out in the invoice is made.
For New Zealand courses, fees are treated as paid to EC NZ if an agent pays them into EC NZ's student fee protection mechanism under the Student Fee Protection Rules 2013 (Fee Protection Rules).
If a visa application is rejected, the rejection letter and request for refund should be sent to EC at least 7 days prior to the agreed course commencement date so EC can refund any prepaid course fees minus, in Australia up to the lesser amount of AU$500 or 5% of prepaid tuition fees to cover any non-refundable fees. In New Zealand the refund a student will be entitled to is set out in clause 10, below.
In Australia, for courses of study of more than 25 weeks, a schedule of dates for payment of fees will be set out on the invoice in accordance with the TPS requirements set out in the ESOS Act. The initial payment of tuition and non-tuition fees as set out in the invoice must be made prior to EC issuing a CoE to support a visa application.
If the student chooses to pay in their local currency, a foreign exchange rate will apply. The applicable exchange rate can be viewed online as at the time and date of the payment. Bank charges and commission for both the sending and receiving banks should be paid by the sender of funds or they will be applied to the account of the EC Representative or if no representative, then to the account of the individual from whom EC has received the original direct payment.

2. Services
In New Zealand, subject to the reservation below and EC NZ's rights to terminate this Agreement or take disciplinary action against you, you are entitled to receive the educational instruction described on page 1 of this Agreement from EC NZ.
EC reserves the right to change details of its services, including courses, facilities, schools, accommodation, and course dates, where circumstances beyond EC’s control necessitate such changes or where the number of enrolments is not enough to operate a course viably.

3. Course Entry Levels
Most courses require minimum levels of English for entry. If after the placement test, a student is found to be below the minimum level required to start the course, EC reserves the right to place the student in a class appropriate to the student’s language level and/or a different curriculum. Where this results in extending the duration of a student’s course, EC may need to issue a new Certificate of Enrolment. Students may be transferred to the nearest EC Centre running a lower level course. Minimum age for individual students travelling without adult supervision is 16 years at course start date. [Note: Minimum levels of English do not apply to the Standard Course (General English 1) or Intensive Course (General English 2) delivered by EC NZ.]

4. Changes to Enrolments
EC reserves the right to charge an Administration Fee (AUD120; NZD90) each time course or accommodation details are changed or cancelled after a place has been confirmed. Additionally, when a change request for a previously confirmed accommodation is received less than 7 days in advance of the scheduled arrival date, an equivalent week's accommodation penalty fee will be charged. These fees will not apply to upgraded or extended courses.

5. Changes to Airport Transfers
Notification of change to airport transfers must be sent to EC Admissions* at least 2 full working days prior to the designated arrival time. If notice is not received EC cannot be held liable for operational errors, and an additional Transfer and/or Administration Fee may be applied.

6. Accommodation and Travel Details
Accommodation and transfer confirmations* will be provided 14 days prior to course start date for all enrolments received more than 4 weeks in advance of course start date. Accommodation and transfer confirmations* will be provided no less than 4 days prior to course start date for all enrolments received less than 4 weeks in advance of course start date. If travel information is received less than 2 working days prior to the scheduled arrival date, then EC may not be in a position to provide the transfer or accommodation service for the weekend of arrival. * Provided travel details and payment in accordance with your payment arrangement has been received.

7. Insurance
All students must ensure that they have appropriate insurance to cover them in the case of accident or medical need.
In New Zealand, under the Education (Pastoral Care of International Students) Code of Practice 2016 (NZ Code), medical and travel insurance (which also covers costs associated with repatriation, expatriation, and funeral expense) is compulsory for all international students. That insurance cover must include the student’s travel to and from their country of origin or citizenship before their course begins and after it ends (which may be outside of the enrolment period). Most international students are not entitled to publicly funded health services while in New Zealand. If a student receives medical treatment during a visit, they will be liable for the full costs of that treatment. Full details on entitlements to publicly funded health services are available through the New Zealand Ministry of Health and can be viewed on their website at www.moh.govt.nz.
In Australia, it is compulsory for those on Student Visas to take Overseas Student Health Cover (OSHC) for the duration of the time they are in Australia. Students need to buy OSHC before coming to Australia, to cover them from when they arrive. This ensures they have adequate health care arrangements while studying in Australia. If the student chooses EC to arrange OSHC for the first course/year only of their programme, it is their responsibility to either extend or take out OSHC for the rest of their time in Australia. They must provide evidence of cover for the entire study period before a Confirmation of Enrolment will be issued. There will be no refund of OSHC Insurance post-arrival.

8. General Refund Policy
EC defines a full course of study as the initial enrolment period. Extensions are considered new enrolment periods.
In Australia, all refunds will be sent to the account of the EC representative/agent from whom the fees were originally paid or, if there is no representative/agent on the account, to the individual from whom EC has received the original direct payment.
In New Zealand the refund will be paid directly to the student (or their parent or legal guardian) or a person nominated in writing by the student (their parent or legal guardian) to receive refunds on their behalf or to another signatory to the NZ Code as agreed by the student (or the student's parent or legal guardian) or if directed by the New Zealand Qualifications Authority (NZQA).
However, a refund will not be provided in any circumstances where the student has supplied fraudulent, forged or deliberately misleading documentation.
If EC defaults (including if it ceases to deliver the course the student is enrolled in, including, in New Zealand, if it ceases to be a signatory to the NZ Code or ceases to be a registered private training establishment), the student is eligible to receive a refund of the unexpended pre-paid tuition fees which the student has paid to EC. The refund amount will be based on the portion of tuition for which the student has paid but for which tuition has not yet been received.
In the unlikely event that EC is unable to deliver a course in full, the student will be offered the refund amount in accordance with the above paragraph. In Australia, the refund will be paid within 14 days of the day on which the course ceased being provided. In New Zealand, the refund will be paid within five working days from the date of the closure or cessation.
Alternatively, the student may be offered enrolment in a suitable alternative course by EC at no extra cost. The student has the right to choose whether they would prefer a full refund of course fees, or to accept a place on another course. If they choose placement on another course, EC will ask them to sign a document to indicate acceptance of the placement.
In Australia, if EC is unable to provide a refund or to place the student on an alternative course, the Australian government's Tuition Protection Service (TPS) director will provide access to a suitable alternative course. In New Zealand, student fees are protected under the student fee protection mechanism requirements under the Fee Protection Rules.

9. Cancellation Policy
EC defines "cancellation" as a change occurring before the start date of the first course. All cancellations must be made in writing to EC Admissions* and the following refund policies apply.
In Australia, the Enrolment Fee, Courier Fee, Accommodation Placement Fee, or Administration Fee are non-refundable in the event of cancellation. EC further reserves the right to withdraw or cancel an offer at any time in circumstances where evidence of nongenuine temporary entrant status is identified. In such instances, the following refund policies apply: 100% tuition Fee, Enrolment Fee, Courier Fee, Accommodation Placement Fee, or Administration Fee. However, a refund will not be provided in any circumstances where the student has supplied fraudulent, forged or deliberately misleading documentation.

10. Tuition Refunds before Arrival for Student Visa Refusals
In Australia, for pre-arrival Student visa refusal, the following applies: EC agrees to refund within 28 days, tuition and non-tuition fees paid where the student produces acceptable certified evidence that the application made for a student visa was rejected by a visa-issuing authority. The amount of the refund is the fees paid by or on behalf of the student, minus the lesser of the following amounts that will be retained:
1) 5% of the amount of fees received (pre-paid tuition fees, non-tuition fees)
2) $500.
For Non-Student Visa Refusals - in Australia, students will be charged the enrolment fee plus 30% of total tuition fees, as well as all other sundry fees if cancelling prior to the start of their course.
In New Zealand, for pre-arrival Student visa refusal, students will be refunded tuition fees in full, less the Enrolment Fee within 5 working days of providing a visa refusal letter.

11. Accommodation Refunds before Arrival
a) Students cancelling or deferring only their accommodation less than 14 days before arrival will be charged an amount equal to 1 week of accommodation.
b) Students cancelling, deferring, or changing only their accommodation less than 2 working days before arrival, will be charged an amount equivalent to 4 weeks of accommodation, or the full accommodation fee if the booking is less than 4 weeks in duration.

12. Withdrawal Policy
EC defines withdrawal as termination of a course after the first course has started. Any withdrawal must be made in writing to the Centre Director of the EC school where the student is studying.
In Australia, the Enrolment Fee, Courier Fee, Accommodation Placement Fee, Administration Fees, and any student insurance premium will not be refunded for any student terminating their course after arrival. In New Zealand the refund for all withdrawals is as set out in clause 13 "Refunds after Arrival", below.

13. Refunds after Arrival
Written notification of withdrawal must be provided as a condition for making refunds.
All refunds due will be made 28 days in Australia and 5 working days in New Zealand, following the date of cancellation.
In Australia, if a student breaches the visa conditions, no refund of the tuition fees will be made. In Australia no tuition fees will be refunded to students who notify the EC Centre of their withdrawal after the commencement of their first course. When a student has enrolled in multiple locations/courses, the course start date for the purpose of this clause is that of the initial EC course.
In New Zealand
a) For courses of 1 to 34 days duration, if the student withdraws within the first 2 days of the course, they will receive 50% of the total fees paid. If they withdraw after the first 2 days, no refund is made.
b) For courses of 35 days to 3 months duration, if the student withdraws within the first 5 days of the course, they will receive 75% of the total fees paid. If they withdraw after the first 5 days, no refund is made.
c) For courses greater than 3 months, if written notice of termination is received by the end of the tenth day of the course, the student will receive 75% of the total fees paid. Students terminating after this period will not receive a refund.
"Total fees paid" means the sum of the cost components of all payments made by the student to EC NZ including payments for tuition fees, the Enrolment Fee, Administration Fees, Placement Fees, airport pick-ups, insurance and accommodation.

14. Accommodation Refunds after Arrival
Students leaving their accommodation must give at least 28 nights of notice in writing. In Australia, and in New Zealand if a student is only leaving their accommodation or is withdrawing from their course after the period within which they are entitled to a refund under the Refunds after Arrival clause above, after deducting the price of accommodation used, including the required notice period charged at the standard accommodation rate, accommodation fees in excess of the accommodation period will then be refunded, less the administration fee. In New Zealand, if a student leaves their accommodation because they have withdrawn from their course within the refund period, the Refunds after Arrival clause will apply.

15. Visas
Students should contact their local embassy, Consulate or High Commission to ensure they are allowed to enter and study in their chosen country. If a student does not possess or maintain a valid visa status in accordance with the visa conditions then their course will be terminated. In Australia, no refund will be payable if a student does not possess or maintain a valid visa status. No visa support documentation will be provided until all fees have been received.

16. Holidays
EC schools will be closed on public holidays and no compensation is provided for missed days due to public holidays.
Session breaks are dependent upon destination, course duration, and visa requirements and are subject to EC’s session break policy, available from http://partners.ecenglish.com/resources/session-break-policy

17. Resolution of Disputes
In the event of a dispute between an individual student and EC, procedures are in place to facilitate the resolution of the dispute.
Any complaint should first be made to the student’s EC Centre Director. Each complaint will be fully investigated provided that it is received within a month of the course ending.
If the matter is not resolved, the student should communicate in writing to EC Admissions* who will refer the matter to the Regional Director of Operations.
In Australia, students who are not satisfied with an internal appeal outcome may lodge an external appeal or complain about a decision made by EC through the Overseas Students Ombudsman. The Overseas Students Ombudsman offers a free and independent service for overseas students who have a complaint or want to lodge an external appeal about a decision made by their private education or training provider. See the Overseas Students Ombudsman website www.oso.gov.au or phone 1300 362 072 for more information.
In New Zealand if a student remains dissatisfied with the outcome of the internal procedures regarding contractual and/or financial issues, they may contact iStudent Complaints. More information can be found at www.istudent.org.nz. If a student remains dissatisfied with the outcome of the internal procedures regarding non-compliance with the Code of Practice, other than contractual and financial issues, they may contact NZQA. More information can be found at www.nzqa.govt.nz/about-us/make-a-complaint/make-a-complaint-about-a-provider.

18. Liability
EC and its staff and representatives will not be liable for loss, damage or injury to persons or property howsoever caused, except where liability is expressly imposed by law. EC will not be liable in the event that any service contracted to be supplied by EC becomes impossible to supply for any reason or any cause outside the control of EC.

19. Valid prices
Prices are valid from 1 November 2019 Prices are subject to change without notice and will only be confirmed upon invoicing. For current prices please refer to ecenglish.com. Agents should refer to the Partners website: partners.ecenglish.com

20. Disciplinary processes
EC reserves the right to expel or evict from accommodations and courses arranged by EC any student whose conduct is unsatisfactory at the discretion of the Centre Director. Unsatisfactory conduct includes but is not limited to; threatening behaviour, bullying, illegal activities, drug use, inappropriate alcohol use or repeated nonattendance of class. It can include conduct that occurs outside of the hours at which a student is attending their course.
EC has a zero-tolerance policy for discrimination, bullying and harassment in the workplace and the classroom. Discrimination, bullying and harassment is unacceptable, against the law and will not be tolerated.
In Australia, a student has the right to appeal against such a decision and details of that process are available from EC Australia. Students and their parents or guardians, where applicable, agree to pay the tuition fees and other charges applicable for the course on the due dates. It is understood and agreed that failure to do this may result in suspension from the programme cancellation of the enrolment.
In New Zealand,
a) The circumstances under which the student’s conduct may result in disciplinary action being taken by EC NZ are the student:
a. failing to maintain 90% attendance,
b. failing to behave in a respectful manner toward school staff and fellow students,
c. behaving in a manner that may constitute bullying behaviour or sexual harassment,
d. failing to respect school property, or the property of other students,
e. wilfully damaging property,
f. bringing alcohol or any illegal substance to EC NZ’s campus,
g. breaching New Zealand law (whether during or outside the time when they are attending their course) in a way that impacts on EC NZ’s operations or puts in doubt the health, safety or wellbeing of students and staff,
by their actions or omissions endangering the health, safety or wellbeing of any other person or, acting in a way that causes students or staff or other persons within EC NZ to fear for their personal safety, e.g. violent or threatening behaviour.

b) The procedures that EC NZ will follow when taking disciplinary action against the student are set out below. For more information, please refer to the EC NZ Complaints and Appeals Policy.
a. Alleged breaches of the Student Code of Conduct - will be reported to the Centre Director by teaching staff, student services staff, or other students. The Centre Director will determine whether or not the alleged breach, if it occurred, would be a serious or minor breach. If the Centre Director decides that, if it occurred, the breach would only be a minor breach, the Centre Director will meet with the student, determine whether or not the alleged breach occurred and decide on what action to take. That action could be:
i. requiring the student to attend counselling
ii. requiring the student to attend monitoring session or series of monitoring sessions,
iii. requiring the student to obtain additional academic support,

b. Serious Breaches of the Student Code of Conduct – if the Centre Director determines that if the alleged breach occurred it could justify suspension or expulsion of the student, the Centre Director will issue a notice of intention to suspend or cancel enrolment and send it to the student by registered mail to the address on the student’s file and by email to the email address on the student's file.
i. A notice of intention to suspend or cancel enrolment will clearly identify that the student receiving the notice has 20 working days to elect to use the EC NZ internal complaints and appeals process. The 20 working days will begin from a date specified in the notice which will be determined allowing a reasonable time for delivery of the notice by registered letter.
ii. If EC NZ does not receive notice from the student that they elect to use the internal appeals process by the 18th working day following the date specified in the notice, the Centre Director or their delegate will attempt to contact the student on the 19th working day in order to provide the student with a final opportunity to lodge an internal appeal. They will attempt to contact the student by telephone and email.
iii. Subject to clause iv below, if an appeal against a notice of intention to suspend or cancel enrolment is lodged by the student within the 20 working day period, EC NZ will maintain the student's enrolment until the internal appeals process is complete.
iv. EC NZ reserves the right to not provide learning opportunities throughout either:
1. the 20 working days provided to a student to make an appeal,
2. the appeals process,
if there is appropriate evidence to support a decision that extenuating circumstances relating to the student's welfare or the welfare of others apply. Extenuating circumstances may include, but are not limited to, the student being missing, having medical concerns, severe depression or psychological issues which lead EC NZ to fear for the student’s wellbeing or the wellbeing of others, having engaged or threatened to engage in behaviour that is reasonably believed to endanger the student or others, or being at risk of committing a criminal offence. The Centre Director is responsible for making this determination.
v. Notice of suspension or cancellation: – If there is no appeal against a notice of intention to suspend or cancel enrolment, or an appeal is lodged and the outcome supports EC NZ's intention to suspend or cancel the student’s enrolment, or an appeal is lodged and then withdrawn, EC NZ will issue a notice of suspension or cancellation. If a student's enrolment is cancelled and they are expelled, the Centre Director will notify Immigration New Zealand.
vi. If a notice of intention is not upheld on appeal the Centre Director may instead take one of the actions set out in clause 20(b)a.

21. Promotional Activity
The student (and, where applicable, his or her parent or legal guardian):
a) Agrees that the student’s photographs, videos, artwork or other works, as well as recorded or written testimonials and details of the student’s achievements (hereto referred to as "Student Images and Testimonials") may be used by EC, or by a third party agent of EC, worldwide for promotional purposes including in its printed and online marketing materials and on any social media network without further consent or notification; and
b) Gives consent to EC for storing, or transferring across international borders, copies of the Student Images and Testimonials for such purposes.

22. Data Protection
Any information provided to EC may be held on computer and shall be used in accordance with its data protection registration and the national data protection laws applicable. EC may disclose appropriate personal data, including sensitive personal data of a medical nature, to relevant EC staff and third parties where there is a legitimate need or obligation to do so and where disclosing the information and the manner of disclosing the information complies with national privacy laws. We will not share sensitive information about students with any third party, including parents, legal guardians, caregivers, next of kin, or relevant government agencies without the student’s consent unless there are reasonable grounds to believe the health, safety and/or welfare of the student and/or others is at risk, if any identified special needs are affecting the student's ability to participate, learn and achieve in an EC programme and/or where the law requires us to do so.
In New Zealand, if EC becomes aware that a student has breached the terms of their visa, EC will report that breach to Immigration New Zealand.

23. Further Information: Australia
a) ESOS Framework: The Australian Government wants overseas students in Australia to have a safe, enjoyable and rewarding place to study. Australia's laws promote quality education and consumer protection for overseas students. These laws are known as the ESOS Framework and they include the Education Services for Overseas Students (ESOS) Act 2000, the National Code 2018, the ELICOS Standards 2018 and Tuition Protection Service (TPS).
Visit the website
https://internationaleducation.gov.au/RegulatoryInformation/Pages/Regulatoryinformation.aspx for Education Services for Overseas Students (ESOS) Legislative Framework/Regulations and https://tps.gov.au for an overview of the Student Tuition Protection Service (TPS). A student who has
any concerns about these matters after arrival at EC Australia, should contact the Centre Director.
b) Information provided may be made available to Commonwealth and State agencies and the TPS Administrator of the Tuition Protection Service; administrator@a.tps.gov.au, as part of our obligations under the ESOS Act 2000 and the National Code.
c) Each student must notify EC Australia of any change in their contact details or residential address and who to contact in emergency situations within 7 days of arrival or within 7 days of any change to these details whilst the student is enrolled in the course.
d) All courses offering fewer than 24 lessons (20 hours) per week are not available to student visa holders.
e) EC Australia delivers English language courses on behalf of Study Group Australia Pty Limited trading as Embassy English, CRICOS Provider Code: 01682E.
f) Any school-aged dependants accompanying overseas students to Australia will be required to pay full fees if they are enrolled in either a government or non-government school.
g) Average living expenses Australia: AUD20,290 per year.
h) The student is responsible for keeping a copy of the written agreement (offer letter, acceptance, terms and conditions) as supplied by EC Australia, and receipts of any payments of tuition fees or non-tuition fees.
i) This written agreement, and the right to make complaints and seek appeals of decisions and action under various processes, does not affect the rights of the student to take action under the Australian Consumer Law if the Australian Consumer Law applies.

24. Further Information: New Zealand
a) Protection of Student Fees: Fees paid by students will be fully protected by a Bank Guarantee and cash held by an independent trustee. In the unlikely event of the EC NZ school closing prior to the conclusion of courses, fees will be refunded in accordance with the Fee Protection Rules.
b) Code of Practice: EC NZ has agreed to observe and be bound by the NZ Code. As an international student in New Zealand, the student will have rights under the NZ Code. A copy of the NZ Code is available on the NZQA website https://www.nzqa.govt.nz/assets/Providers-and-partners/Code-of-Practice/Code-of-Practice-Amendments-2019.pdf,
c) Immigration: Full details of visa and permit requirements, advice on rights to employment in New Zealand while studying, and reporting requirements are available through the New Zealand Immigration Service and can be viewed on their website at immigration.govt.nz.
d) Each student must notify EC NZ of any change to their contact details, accommodation type, and residential address. If they are under 18 years of age a student must notify EC NZ of any change in the contact details of their parent or legal guardian. If they are 18 years of age or older a student must notify EC NZ of any change in the details of their next of kin.
e) Average living expenses New Zealand: NZD18,000 per year.
f) EC commits to fully complying with the International Student Contract Dispute Resolution Scheme (DRS). A copy of DRS rules is available at http://legislation.govt.nz/regulation/public/2016/0042/latest/DLM6748715.html?src=qs. Information on student’s rights under the DRS is available at www.istudent.org.nz.
g) In addition to the costs identified on page 1 of this Agreement students may wish to participate in voluntary excursions which may incur a small fee
h) The start and end dates of a student’s enrolment are set out on page 1 of this Agreement. If a student wishes to extend their studies with EC NZ that will be treated as a new enrolment.
i) This Agreement will terminate if EC NZ ceases to be a signatory to the Code, ceases to be a registered private training establishment or ceases to provide the course the student is enrolled in.
j) In addition to the circumstances set out in clauses 20 (a), EC NZ may terminate this Agreement (by sending written notice to the student, or if the student is under 18 years of age, their parent or legal guardian at the most recent contact address provided to EC NZ), if the student fails to:
a. provide evidence of, or maintain a valid visa or is required to leave New Zealand for whatever reason;
b. provide contact details as required by EC NZ prior to the commencement of their study
c. obtain, or ceases to hold, the insurance cover they are required to hold under the NZ Code;
d. pay their fees in full by the due date.
j) This Agreement is conditional on a student having the necessary immigration status for study in New Zealand at the date they commence their course.
k) If a student will be under the age of 18 years of age at the date their course commences, this Agreement is conditional on EC NZ approving the student’s accommodation arrangements for the period during which they are undertaking the course.

25. Force Majeure
EC is not liable in the event where it is unable to fulfil any service to which it is contractually bound because of fire, natural disaster, acts of government, failure of suppliers or subcontractors, labour disputes, or other reasons which are outside its control.

26. Agents
All the above terms are applicable to direct students and agents unless variations are expressly agreed between the agent and EC in writing.

27. Updates to Terms and Conditions
All Terms and Conditions are subject to change. For the latest Terms and Conditions, please visit our website
*EC Admissions provides services to EC NZ under an EC Group management agreement

 

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