Tuition Agreement Between Abacus Institute of Studies and Applicant

0064-3365-6076
[email protected]
www.abacusinstitute.ac.nz
Tuition Agreement
Between
Abacus Institute of Studies and Applicant
Student Name Age (must be 17 years or more):
The Applicant/parent has made application for tuition of the student in New Zealand and
wishes the student to attend Abacus Institute of Studies. If Abacus Institute of Studies
accepts the student, the following terms and conditions shall apply:
Abacus Institute of Studies’ Obligations

1. Abacus Institute of Studies will observe and be bound by the New Zealand Qualifications
Authority’s Education (Pastoral Care of International Students) Code of Practice 2016
(code). Copies of the Code are available on request from the Institute or from the NZQA
website at
http://www.nzqa.govt.nz/providers-partners/education-code-of-practice/
1.1. The Institute shall provide tuition in accordance with that accorded to domestic
students.
1.2. The Institute will accept only those International Students aged 17 or over
2. The Institute shall use its best endeavors to ensure the safety, health and well-being of
the Student but shall not be liable for:
2.1. Any damage or harm caused to the Student outside Institute hours with the exception
of Institute events for which his/her parents/legal guardian have given consent for
him/her to attend.
2.2. Any damage or harm caused to the Student or the Student’s property arising out of
the Student’s accommodation.
2.3. Any damage or harm caused to the Student’s property outside normal Institute
hours.
The Applicant’s Obligations
3. The Applicant shall:
3.1. Pay to the Institute the tuition fees in the manner agreed to by both parties.
3.2. Agree to provide the Institute with academic, medical or other information relating
to the well-being of the Student as may be requested from time to time by the
Institute.
3.3. Ensure the Student accepts and abides by the Institute’s rules and all instructions
given by members of staff.
3.4. Ensure the Student attends Institute on all occasions when it is open unless
prevented by illness or other urgent cause.
3.5. Inform the Institute of any changes to the Student’s full name, current contact
details, current occupation, emergency contact and Next of kin details.
3.6. Remain on valid visa and permits which is required to study at Abacus Institute of
studies.
Authorizations
4. The Applicant irrevocably appoints and authorizes the Director/nominees of Abacus
Institute of Studies to:
4.1. Receive information from any person, authority or corporate body concerning the
Student including, but not limited to, medical, educational or welfare information.
4.2. Provide consents in respect of any activity carried out and authorized by the Institute.
4.3. Provide consents that may be necessary to be given on the Student’s behalf in the
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MoE Number 7932
V3/16
0064-3365-6076
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event of a medical emergency.

4.4. If applicable, advise the Student’s Designated Caregiver of all matters and
information required to be provided to parents of any student and agree to appoint
the Designated Caregiver as their agents in New Zealand to receive such information
in substitution for the Applicant.
4.5. To take whatever steps are necessary to ensure the Student complies with Institute
rules and policies as set down by the Institute.
4.6. To obtain at any time from any person or entity any information required to process
and/or accept the application for tuition or to perform or complete the Institute’s
various obligations under this agreement. The Applicant authorizes any such person
to release to the Institute any personal information that person holds concerning the
student / applicant.
4.7. To provide information to parents and/or agents as may be applicable.
General
5. Either party may terminate this agreement at any time upon written notice. If the
agreement is terminated the Refunds Policy, as outlined in the application for Enrolment
form, shall apply.
6. Notices given under this agreement must be in writing and given to the addresses set out
in the Application for Enrolment form. Those sent by post shall be deemed to have been
received 5 days after posting.
7. Abacus Institute of Studies’ liability in relation to the supply of services to the Students,
is limited to the amount of fees paid by the Applicant for the provision of the services in
respect of which liabilities arise.
8. Nothing in this agreement limits any rights the Applicant and/or the Student may have
under the Consumer Guarantee Act 1993.
9. If a Student is terminated from the Institute for reasons specified in the termination
Policy, then this agreement shall be terminated and the Refunds Policy shall apply. The
Student or Applicant shall have no claim in damages or for any compensation if this
agreement is terminated in these circumstances.
10. Neither party shall be in default or in breach of their obligations under this agreement to
the extent that the performance of those obligations is prevented by an event of force
majeure. Force majeure means an event beyond the reasonable control of the party
seeking to rely on force majeure.
11. This agreement shall be construed and take effect in accordance with the domestic laws
of New Zealand. In relation to any legal action or proceedings arising out of or in
connection with this agreement the Applicant irrevocably submits to the exclusive
jurisdiction of the Courts of New Zealand, and agrees that proceedings may be brought
before any court including any forum constituted under the Arbitration Act 1908 with New
Zealand on the grounds of venue or on the grounds that the proceedings have been
brought in an inconvenient forum.
12. This agreement shall consist of the Application for Enrolment, application for home stay
(if required) and this Tuition Agreement, including any attached Schedules. This
agreement contains the entire understanding of the parties and overrides any prior
promises, representations, understandings or agreements. The terms of the agreement
may be changed by the Institute in writing to the Applicant and shall continue in force
MoE Number 7932
V3/16
0064-3365-6076
[email protected]
while the Student is enrolled with the Institute.

13. The Applicant acknowledges that:
13.1 Personal information of the Applicant and/or Student collected by the Institute may
be held, used and disclosed to third parties to enable the Institute to process the
application for tuition, provide tuition and home stay services to the Student, provide
the Student and/or Applicant; and to enable Abacus Institute of Studies to
communicate with the Student and/or Applicant for any purpose.
13.2 All personal information provided to Abacus Institute of Studies will be held by the
institute at one of their following addresses or online in the student management
system:
9A/166 Moorhouse Ave, Christchurch (for Christchurch campus) and any other
temporary / permanent site chosen by the Institute.
1/204 Warren Street Hastings (for Hastings Campus) or any other temporary /
permanent site chosen by the Institute
Level 5/3 Wakefield Street Auckland or any other temporary / permanent site chosen
by the Institute
13.3 Failure to provide any information in the application for tuition may mean the
Institute is unable to process the application.
13.4 The student / applicant has the right under the Privacy Act 1993 to obtains, access
to and request corrections of any personal information held by the Institute
Concerning them
14. The applicant acknowledges that he / she has received and understood the full
information regarding the total costs and other financial commitments associated with
the programme, for which the student seeks enrolment including the cost of fees charged
for student services provided by the institute (if any).
15. The applicant has also received the conflict of interest information / statutory information
statement for students required under section 234B of the Education Act.
I have read and understood the terms set out in this agreement, including any attached
schedule and agree to them.
Signatures of Applicant Date __/__/____
For Abacus Institute of

Designation Date __/__/____
Studies

MoE Number 7932
V3/16

Tuition Agreement Between Abacus Institute of Studies and Applicant

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0064-3365-6076

Abacus Institute of Studies’ Obligations

event of a medical emergency.

while the Student is enrolled with the Institute.

Signatures of Applicant Date //____

For Abacus Institute of

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