Institution – Student Service Contract – Core Provisions

CONTRACT PARTIES – ASSENT – NATURE OF RELATIONSHIP

1. Contract Parties – Non-Parties

1.1. The Parties to this Contract are those listed and described in schedules to this Contract.
1.2. No other persons or entities are parties to this Contract – including, but not limited to, government agencies, recruitment persons or firms, immigration or education consultants, employed or external faculty, workplace hosts, intellectual property licensors – or persons and entities that contribute to education service production.

2. Assent to Contract – Consideration – Third Party Assent

2.1. The Parties – aware of their right to consult legal counsel – have read, understood and agreed to the English language version of this Contract and in consideration of its terms, conditions and provisions agree it will legally bind all Parties when all Parties sign or otherwise assent to it.
2.2. If the law or this contract’s parties require that a third-party consent to another party entering this Contract, then those third parties must also sign and will be Party to this Contract and vested with the rights and duties of the Contract party the third party represents.
2.3. All parties to this Contract will receive copies of the Contract after it is assented to by all parties.

3. Nature of Contract Parties’ Relationship

3.1. This is a service contract, and the services provided by the Institution to the Student are described in schedules to this contract.
3.2. This Contract does not create between the Parties any form of agency, partnership or collaboration relationship.

CONTRACT INCLUSIONS

4. Inclusions – Prior and Other Documents – Communications – Entire Agreement

4.1. This Contract constitutes the entire agreement between the Parties and supersedes all other verbal or written communications and agreements not otherwise incorporated into this Contract.

5. Contract Inclusions and Exclusions – Policies – Schedules

5.1. This Contract will not include any or all of the Institution’s policies, regulations, rules or requirements.
5.2. This Contract will include:
(a) its listed parts, sections, program outlines, schedules or elements.
(b) other agreements between the Parties incorporated in writing by the Parties.
(c) amendments and additions expressly agreed to by the parties.
(d) and provisions included by operation of law.
5.3. The Parties will make, execute and deliver any and all further assurances or other documents needed to give full effect to the meaning and intent of this Contract.
5.4. If any part of this Contract is found to be invalid, illegal or unenforceable by a court then the validity, legality and enforceability of remaining provisions will not be affected.
5.5. If non-binding and non-contract institution policies or materials address the same matters and issues as this Contract, they will not be part of this Contract unless the Parties expressly agree – and this will include, but not be limited to matters and issues regarding:
(a) admissions, attendance, dismissals or withdrawals.
(b) work experience program elements.
(c) dispute resolution.
(d) student supports.
(e) grade appeals.
(f) program outlines and service program descriptions as they relate to – production – presentation – content and subject matter – faculty and instruction expertise.

SERVICE TERM – TERMINATION

6. Service Contract Term

6.1. The effective date of this Contract will be the date when all Parties have assented to it, or another date set in this Contract’s Schedules.
6.2. Subject to its termination provisions, the term of this Contract or for any program element will be that set out and described in this Contract’s Schedules.

7. Termination of Contract – By Student – By Institution

7.1. After written notice, the Student may terminate this Contract and withdraw for any reason.
7.2. The Institution may by written notice terminate this Contract if it reasonably determines that the Student:
(a) failed to pay fees due.
(b) knowingly provided incomplete or untrue application information.
(c) is guilty of academic misconduct or dishonesty, including acts that threaten the integrity and reliability of assessments of student work.
(d) is guilty of non-academic misconduct that has or reasonably may have adverse impacts on Institution functions or on the health, safety, rights, or property of the Institution or its staff and students.

INSTITUTION CONTRACT ENTRY CONDITIONS

8. Student Represents Application Information True and Complete

8.1. The admission requirements that the Student met to be enrolled are restated in contract schedules.
8.2. The Student represents and warrants that the application information it submitted to the Institution to establish that they meet all Institution and Program admission standards was true and complete.
8.3. The Student will immediately inform the Institution of changes to application information.

9. Admission Decision – Factors Considered – Fair, Impartial, Objective – Student’s Likely Success

9.1. The Institution represents and warrants that admission standards described in this Contract were applied fairly, impartially and objectively and without waiver by the Institution.
9.2. The Institution represents that its decision to admit the Student was made because the Student was reasonably determined to be, given application information, capable of succeeding in and graduating from the Program in the set contract period.

10. Pre-Requisites for Later Elements of Program

10.1. If individual service program elements are pre-requisites to taking later elements in the service program, the rights and duties of the Parties related to later elements in the service program are conditional and subject to completion of pre-requisites.
10.2. The Student will be admitted to later program elements if pre-requisite conditions are met.

STUDENT CONTRACT ENTRY CONDITIONS

11. Regulation and Authority of Institution – Condition of Student Contract Entry

11.1. The Institution represents and warrants that it and its service programs are subject to specific laws and related regulations described in this Contract and its Schedules – and that under those laws it has the legal standing and legal ability to provide the Student with the services promised under this Contract.
11.2. The Student enters this Contract on condition the Institution has and maintains this legal standing and legal ability – and this condition is not a condition precedent.
11.3. If the Institution is granted – beyond these regulations – a legal right to use a trademark or designation, the Institution does not represent that the right or designation provides additional legal rights or protections to the Student and the Institution’s maintenance of the mark or designation are not conditions of this Contract.

12. Service Program Provided – Condition of Student Contract Entry

12.1. The Student enters and remains in this Contract on the condition that the Institution provides the service programs promised in this Contract – subject to this Contract’s termination provisions.

13. Immigration – International Students – Contract Conditions

13.1. If the Student requires an immigration permit to enter and study in the jurisdiction where the Institution provides onsite services under this Contract, this Contract is conditional on the Student receiving the permit.

SERVICES – PRODUCTION – ASSEMBLY – EXPERTISE – ASSETS – CONTENT – CHANGES

14. Contract Services – Collective Resources

14.1. Subject to this Contract’s change provisions, the Institution will provide to the Student the Services (“Services” – “Service Products” – “Service Programs”) described in this Contract and its Schedules.
14.2. The Services and their ability to help the Student achieve contract set learning objectives in the Contract period will be constituted by and judged by the current collective and not individual service inputs and factor resources the Institution assembles for purposes of this Contract.
14.3. The Service Program provided by the Institution to the Student under this Contract will reasonably follow the Service Program Outlines set in schedules to this Contract.

15. Services to Help Student Achieve Learning Objective – Achievement Not Promised

15.1. Services provided by the Institution to the Student will be sufficient to help the Student achieve, in the contract period, the learning objectives set in this Contract.
15.2. The Institution will do all that it reasonably can to help the Students meet progress and graduation standards set in this Contract in the contract set period, but it does not promise the Student they will achieve the service program learning objective or graduate in the contract set period.
15.3. The Student must inform the Institution if they need additional services to help them meet learning objectives in contract set periods.

16. Service Program Changes, Additions, Subtractions – Major Changes

16.1. Subject to following sub-sections, contract services, service elements or resources used to assemble and produce the Services may be subject to change with contract amendments lawfully assented to by the Parties.
16.2. Without Student approval, the Institution will make no major change to:
(a) Service program tuition and fees.
(b) Service program content and related learning objectives.
(c) Service program titles and outlines.
(d) Service program production and delivery methods.
(e) Service program admissions criteria.
(f) Service program assessment, program progression or graduation standards.
(g) Service program locations, dates, term and duration periods, required class hours.
16.3. For the purposes of the above sub-section, a “Major” change is one that disrupts:
(a) the Institution’s Services to the extent it can no longer help the Student achieve contract set learning objectives and progress in and graduate from the program in the contract set period.
(b) the Student’s ability to consume and receive the services.
16.4. Subject to law and this Contract, the Institution may make any other reasonable changes to the Services without Student approval if the Institution, at its sole discretion, determines changes:
(a) are in the interest of all students in the program.
(b) are needed to adapt the Services to economic, social or industry conditions.
16.5. If changes approved and consented to by the Student must be approved by regulators and changes are implemented prior to regulatory consent, that will not constitute contract breach.

17. Service Assembly and Delivery – Technology – Expertise

17.1. The Service Program provided by the Institution to the Student under this Contract will reasonably follow outlines set in this Contract – including, but not limited to those addressing the following program elements.
17.2. 1. Learning objectives the Student must achieve to progress in and graduate from the program.
17.3. 2. Instructors, mentors and other subject matter experts that help the Student achieve learning objectives.
17.4. 3. Methods and means of instruction, assessment and credentialing.
17.5. 4. Human, technical, information, reference and personal, real and intellectual property resources.
17.6. 5. Technical and production resources used for service production and provision – including external third parties with specific subject matter expertise and production capacity.
17.7. 6. Proportioned use of onsite, online, digital, virtual or augmented reality and artificial intelligence systems.
17.8. 7. Proportioned use of local, national and global expertise and technology systems.
17.9. 8. Proportioned provision of custom services, individual consultations or group forums.
17.10. 9. Proportioned use of live or recorded lectures.
17.11. 10. Proportioned use of broadcast, synchronous or asynchronous service programs.
17.12. 11. Proportioned use of non-linear streaming programs from local or global experts and sources.

SERVICE PROMISES – ASSESSMENTS – CREDENTIALS

18. Assessment Systems and Services – Fair Impartial – Objective

18.1. The Institution will provide fair, impartial and objective assessment systems and services that determine if the Student meets academic standards and can progress or graduate in the Service Program.
18.2. The Institution will keep the Student informed of their progress and the likelihood they will graduate.

19. Transcript Systems and Services – Declarations of Achievement

19.1. The Institution will assemble and publish in print and digital form a final transcript that fully records the Student’s academic history and achievement at the Institution and in the Program – and provide it to the Student at any time at the Student’s request.
19.2. At the Student’s request, the Institution will provide transcripts to third parties identified by the Student.
19.3. No fees will be charged to students for the initial and final transcript.
19.4. Fees may be charged if additional transcripts are requested by the student – whether those transcripts are sent to the Student or third parties identified by the Student – and all fees will be set in this Contract’s schedules.

20. Credential Systems and Services – Declarations of Achievement – Not a Product Bought and Sold

20.1. The Institution will award the Student the graduate credential described in this Contract’s Schedules if the Student meets graduation standards also set in those Schedules.
20.2. The graduate credential will be a declaration of fact only regarding the Student’s academic achievement and not a distinct service or product bought and sold under this Contract.

21. Subject to Agreement – No Promise of Incoming Or Outgoing Recognition of Credits

21.1. Unless otherwise agreed, the Institution makes no representation, warranty or promise that the Service Products are uniform with or comparable to those provided by any other institution or party – or that any credit or credential granted by the Institution under this Contract will be accepted or recognized by any other institution or party.
21.2. If the Institution contracts with another institution or credit and credential grantor for purposes of requiring that party to recognize credits or credentials granted to the Student under this Contract, the Institution will:
(a) report and represent that to the Student.
(b) tell the Student they must contract with the other parties to have a legal right to that recognition.

INSTITUTION-STUDENT CONTRACT – UNPROMISED SERVICES AND OUTCOMES

22. Support Services – Separate Contracts

22.1. The Institution will not provide under this Contract support services to the Student that do not directly aim to help or help the student achieve the learning objectives set in this Contract.

23. Unpromised Post Contract Services or Outcomes

23.1. The Institution, in this Contract, makes no promise that the Student will, during or after this Contract, receive from a third party specific:
(a) business, workplace or other contract offers, opportunities or results.
(b) financial incomes or compensation.
(c) credit or credential recognitions, immigration status or professional memberships.
23.2. Any approval by a professional body of the Institution and program will not be a promise from the Institution to the Student that the graduating student will become a member of that body.
23.3. If the Institution provides information to the Student about what past Institution students or other persons may have achieved, that will not constitute a promise, representation or warranty by the Institution that the Student will or is likely to have similar achievements or results.

24. No immigration services – separate immigration service contract.

24.1. The Institution will not, under this Contract, provide to the Student immigration services to help the Student enter or remain in the jurisdiction where the Contract services are provided.
24.2. If the Institution and Student enter other contracts for that purpose, the other contracts will not be part of this Contract.

25. Third Party Referral, Recruitment or Other Services

25.1. Subject to other sections of this Contract, the Institution has not appointed or authorized any third party as their agent or in any other legal capacity to: act on their behalf regarding this Contract; receive or pay money for them regarding this Contract; enter service and other contracts or incur legal obligations on their behalf.
25.2. No contract between a Contract Party and a third party is part of this Contract.
25.3. If the Student pays money to a third party under a Student and third-party contract that requires the third party to transmit money to the Institution for Student payments under this Contract, the Institution will not be party to or responsible for third-party actions under that Student and third-party contract.

INSTITUTION-STUDENT CONTRACT – PROGRAM SERVICE FEES – REFUNDS

26. Service Fees

26.1. In return for the Services provided to them by the Institution under this Contract, the Student will pay to the Institution the fees set out and payable for the entire contract period in this Contract’s Schedules.

27. Tuition – Program Services – Not Support Services

27.1. For payments and refunds, the term tuition will include amounts paid for instruction or training that: are a required part of the program; help the Student achieve contract set learning objectives; are required to qualify the Student for graduation.
27.2. Tuition will not include funds paid by the Student for support or other services unrelated to this education service contract and that the Institution may provide to the Student under separate contracts.

28. Attribution of Fees – Default is fees are attributed to the entire service program.

28.1. Except as otherwise agreed, tuition and fees payable by the Student under this Contract are attributed to:
28.2. (a) The entire Service program or, if required, all elemental parts equally – and not constituent parts.
28.3. (b) Services provided that help the student achieve learning objectives set in this Contract – and not support or other services the Institution may provide to the Student under separate transaction contracts

29. Withdrawals or Dismissals – Termination – Refunds

29.1. Refunds will be a percentage of total contract fees less non-refundable fees and if fees due were not collected the Institution will only refund what was collected, and the Student must pay fees due.
29.2. Refund amounts payable to a student upon their withdrawal or dismissal are set by this Contract.
29.3. This Contract includes refund standards that provide the minimum refund required by statute in the jurisdiction of service – in force when this contract takes effect or when refunds are payable – whichever gives the student the larger refund – and those requirements may be attached as schedules to this Contract.
29.4. Regulated refund standards incorporated into this Contract are included as a Schedule to this Contract.
29.5. Any additional offer by the Institution to the Student to provide refunds if described employment, work, business or other conditions are not met does not constitute: a legally enforceable promise or guarantee that such conditions will be met after the program; an admission that the service provided under this Contract: was deficient or failed in any way to help the student achieve the learning objective set in this Contract.

INTELLECTUAL PROPERTY – CONFIDENTIAL INFORMATION

30. Institution Intellectual Property

30.1. The Institution holds rights to its logos, product names, copyrighted works, patents, industrial designs, trademarks, curricula and program materials and grants to the Student a limited, non-transferable and non-exclusive license to use them during the contract period.
30.2. The Student will at all times protect and not harm the Institution’s interests and rights.

31. Institution Intellectual Property Rights to Student Works

31.1. Unless otherwise agreed, if the Institution is held at law to have intellectual property rights to works produced by the Student when studying at the Institution under this Contract – or if the Student claims such rights – the Institution will not just license and grant to the Student permission to use the works but will agree to student claims and assign and transfer absolutely to the student all rights to those works.
31.2. Unless otherwise agreed, if the Student has, directly, by assignment or under this Contract, intellectual property rights to works produced by them when studying at the Institution they will retain those rights and give the Institution a non-exclusive, not time limited and irrevocable license to use them for business purposes not involving the commercial licensing or use of the works by third parties.

32. Third Party Intellectual Property Rights

32.1. The parties will take all reasonable steps to protect and not violate the intellectual property rights of third persons and if either is held to have done so they alone will be responsible for that violation.
32.2. The contract parties will not submit to other parties any materials they do not own, control or have the right to distribute, post or submit.
32.3. Subject to this Contract, all rights the parties have in relation to works created by them prior to this Contract will not be subject to assignment under this Contract even if prior works are used under the contract.

33. Institution – Student – Confidential Information

33.1. If the Institution authorizes the Student to access and use its Confidential Information that authorization will: extend only to uses associated with this Contract; not constitute a legal grant, assignment or transfer of rights; require the Student to access and use the information in confidence and trust for the benefit of the Institution; require the Student to return the information on demand and to not disclose, copy, reverse engineer or otherwise use the information in any way detrimental to the Institution’s rights and interests.
33.2. If under this Contract the Parties receive information about the other Parties’ business, products, equipment, systems, techniques and practices (the “Confidential Information”) they and their employees and agents will strictly maintain the confidentiality of the information and not disclose, disseminate or otherwise give it to any other person, firm, organization or third party.