Terms and Conditions – Agent Commission Agreement

Terms and Conditions – Agent Commission Agreement

We have defined here the terms and conditions agents and agencies (hereinafter referred to as ‘Agent’) need to abide by in order to act as authorised representatives of Language Link London (hereinafter referred to as ‘LLL’) for the sale of services (including educational courses, accommodation, transport, social activities, insurance, etc.) to third parties (hereinafter referred to as ‘Students’).

Accepting these terms and conditions will not constitute or be deemed to constitute per se a partnership between LLL and the Agent and accordingly the Agent will have no power to enter into any contract on behalf of LLL and will keep LLL indemnified against any loss or damage suffered as a result of any breach of this clause whether arising directly or indirectly.

The Agent and LLL will agree to a Commission Agreement via written correspondence for each sale of services to third parties.

1. Subject of the Agent Commission Agreement

1.1 For each sale of services to third parties, the actual services directly provided and/or organised by LLL (including educational courses, accommodation, transport, social activities, insurance, etc.), the related invoice and the agent’s commission will be agreed upon by written correspondence.

1.2 Information on our services  (including educational courses, accommodation, transport, social activities, insurance, etc.), and on the related fees, terms and conditions and agency commission scheme will be kept regularly updated on our website.

1.3 The conditions and the related agent commission of any sale of services to third parties already concluded and/or already booked for the future will remain as agreed in writing as in 1.1.

1.4 The commission for the Agent’s services is paid at the rates agreed in writing in 1.1. The agent commission is payable on course fees only. The agent commission is not payable on registration fees, accommodation charges, airport transfers, work placement fees, promotional course fees, social programme activities or insurance.

1.5 The Commission Agreement will become valid from the dates of signing by both parties. No additions and/or amendments can be made to the Commission Agreement already signed unless they are made in writing and signed by both signatories.

1.6 Any new, written Commission Agreement will supersede and replace all previous Commission Agreements and understanding (if any) between the parties.

1.7 The Commission Agreement as in 1.1 can be cancelled by either signatory, if any of the clauses have been broken and can’t be rectified, or if either side has not fulfilled its obligations. In such circumstances, the Agent will be credited by LLL for students already booked. All payments due to either signatory should be settled in full at the time of cancellation.

 

2. Responsibilities of School and Agent

2.1 LLL

2.1.1 LLL will provide the services as defined and agreed in 1.1.

2.2.2 Upon receipt of the deposit, LLL will issue a letter of registration confirming that the student(s) will be attending the specified course for the specified dates.

2.2.3 LLL will invoice the Agent at the gross amount for the requested School’s services as defined in 1.1.

2.2.4 LLL will at all times keep to the high standards expected of a British Council accredited school.

2.2.5 LLL will keep all relevant information updated on LLL’s website, including changes to service conditions and to the agent commission scheme.  Conditions and the agent commission will remain as agreed in writing in 1.1 for any sale of services to third parties already concluded and/or already booked for the future.

2.2.6 LLL will inform the Agent of any exceptional changes at LLL which may affect the Agent or their students for any sales of services already booked for the future.

2.2 The Agent

2.2.1 The Agent will ensure that they are operating legally and that they are responsible for payment of any local taxes.

2.2.2 The Agent will actively promote LLL’s services and recruit students.

2.2.3 The Agent will describe LLL and its services accurately and clearly to prospective students.  LLL will not be responsible for promises made by the Agent to the student, not covered in LLL’s published information or specifically agreed in writing.

2.2.4 The Agent will advise students to purchase insurance to cover them for the entire duration of their stay in the UK.  This insurance can be purchased from LLL on request.

2.2.5 Neither LLL nor the Agent is authorised to give British immigration advice above level zero. The Agent will ensure that they are fully up to date on UKBA requirements. That they ensure that only students who meet the requirements of the UKBA and who genuinely intend to study in the UK are recruited. The Agent will follow best practices on recruiting all students by following the UKBA Guidelines.

2.2.6 The Agent will inform LLL at the earliest possible opportunity of students’ travel arrangements so that airport transfers can be booked (if purchased) and accommodation providers informed of arrival times.  Where travel arrangements are changed, the Agent should inform LLL immediately.

2.2.7 When the balance is paid by the Agent, the Agent will collect payment from the student prior to the student leaving for the UK and will send all monies less the Agent’s commission to LLL’s bank account.

2.2.8 The Agent will invoice LLL for the Agent’s services at the amount of the agreed commission as in 1.1

2.2.9 The Agent should ensure that students are above the agreed age limit.  LLL reserves the right to refuse to teach or accommodate a student who proves to be younger than the agreed limit.

2.2.10 When bookings are made for groups with a group leader, the Agent should ensure that the group leaders have had some training in managing groups and are aware of the responsibilities of a group leader.  The group leader is responsible at all times for the behaviour of each member of the group.

 

3. Intellectual Property

3.1 The Agent agrees that s/he is only permitted to use LLL’s intellectual property only as authorised by LLL, and that it will not use any trademark or trade names that resemble LLL’s unless authorised by LLL in writing.

 

4. Payments

4.1 Payments will be made in GBP (Great Britain Pound Sterling) unless other arrangements have been made.

4.2 The Agent should inform LLL whether students will pay LLL directly or through the Agent.

4.3 Payments should be made by cheques drawn on a UK bank or by bank transfers to LLL’s Current Account 

IBAN – GB65BARC20264670144789

Account. Number: 70144789

Sort Code: 20-26-46

Barclays DOCKLAND, LEICESTERSHIRE, LE87 2BB

Payments can also be made by credit card in advance from abroad, or on arrival.  Full details of this facility can be obtained from LLL.

4.4 For each student, a course fee deposit of £200 is payable upon registration. This deposit covers administration costs and is non-refundable.

4.5 For each student, an accommodation deposit of £ 180 is payable if and when the accommodation request is made.  This includes the Accommodation Finder’s Fee (£60 per room).

4.6 Where payments have not been received by LLL by the start of a student’s course, LLL cannot guarantee a place for the student and reserves the right to cancel the course until all fees have been paid in full.

4.7 When the balance is paid by the Agent, the fees payable less the deposit and less the commission will be remitted to LLL’s bank account.  When the balance is paid by the student, LLL will remit the amount of the agreed commission to the Agent as instructed by the Agent.

4.8 No other costs or expenses will be charged to LLL by the Agent except by prior written Agreement.

 

5. Acting in Good Faith

5.1 The Agent will at all times act towards LLL conscientiously and in good faith and comply with reasonable and lawful instructions of LLL, not allowing its interests to conflict with the duties that it owes to LLL under these terms and conditions and the general law.

 

6. Cancellations and Changes

6.1 LLL will keep all information about notice periods and deadlines for cancellations and changes to bookings already agreed on LLL’s website – see Terms and Conditions and Policies.

6.2 Any missed deadline to cancel or change a booking may result in the tuition fees not being refunded – see Terms and Conditions and Policies.

6.3 The notice for cancelling accommodation may vary according to the external agency contracted to provide accommodation. Any missed deadline may result in the accommodation deposit not being refunded.

6.4 The Agent must notify LLL of any cancellations or modifications immediately

6.5 Students who cancel after they have arrived in the UK or who want to leave LLL early, will not be given any refund of tuition fees, unless there are exceptional circumstances i.e. the death or serious illness of a close relative. In such circumstances original documentary proof will be required and any refund of fees will be made through the Agent.

6.6 In the case of the student being unable to obtain a visa, all monies sent to LLL by the Agent less the deposit will be refunded upon proof of visa refusal – original refusal documents will be required.

6.7 Where repeated changes are requested, LLL reserves the right to charge an additional registration fee to cover administrative costs.

6.8 Fees are not transferable to another student unless agreed in writing.

6.9 In the case of a force majeure (e.g. fires, mass disorders, strikes, wars, pandemics, any binding resolutions adopted by government authorities) or any other circumstance beyond the control of LLL and the Agent, either party shall have the right to refuse the fulfilment of these obligations and in such case neither LLL nor the Agent shall have the right to make a demand on the other for compensation for any possible losses or damages.

6.10 In the event of the Agent going out of business, the Agent will be liable, and LLL will not be responsible, for any students whose fees have not been paid in full (less commissions) to LLL. The Agent should be insured against such an eventuality.

 

7. Confidentiality

7.1 The terms and conditions of the Commission Agreement as agreed in written in 1.1 are confidential and should not be revealed to a third party by either LLL or the Agent.

7.2 The Agent will keep such information confidential and will not use any other confidential information (other than strictly for the purposes of the agreed sale of services as defined and agreed in 1.1) without prior written consent. 

 

8. Disputes

8.1 These Terms and Conditions and the Commission Agreement as in 1.1 will be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.

 

9. Individual Bookings under 18s

9.1 The Agent will ensure that the Parental Consent Agreement form is read and signed by the parents(s)/legal guardians.

9.2 The Agent will ensure that all the documents and requirements by LLL for individual applicants aged under 18 are adhered to and carried out.

 

10. Group Bookings Under for 18s attending  Language classes only, no other services required

10.1 The Agent will ensure that the Group Parental Consent Agreement form for under 18s is read and signed by the parents(s)/legal guardians of all students under the age of 18 who are travelling to the UK on an educational trip organized by the Agent. The group will be attending an English Course only.  

10.2 The Agent understands that Language Link is legally obliged to request this information and it is essential that the form is sent to Language Link before the commencement of the course.

10.3 The Agent further understands and will ensure that the group leader must carry the original copy in their hand luggage to present to the Immigration Officer on arrival at the border, otherwise the group might not be allowed to enter the UK. The original form to be given on arrival.  

10.4 The Agent will provide a 24/7 Emergency Contact Number from own country and a 24/7 local UK Emergency Contact Number. 

10.5 The Agent will ensure that the Agency’s employees who accompany the group/s are subject to an enhanced DBS check, staff responsible for First Aid will have valid First Aid Certificates, copies of which together with their ID/s will be sent prior to commencement of course.

10.6 Should certified translations for the documents mentioned above  be required, the Agent will be responsible for having this done at no cost to LLL.

10.7 The Agent and the Agency’s employees who accompany the group/s are in charge of the group/s 24/7 from pick-up point in their own country to drop-off point in their own country.  

10.8 The Agent and the Agency’s employees who accompany the group/s will escort the group from place of residence to the school and return to place of residence each day of the course.

10.9 The Agent and the Agency’s employees who accompany the group/s will only make emergency decisions regarding First Aid – taking the person to the nearest Medical Emergency unit – giving medication as instructed and any emergency dental, medical or surgical treatment, including anaesthetic or blood transfusion, as considered necessary by the Medical Authorities present. 

10.10 Any charges for medical treatment remain the responsibility of the student’s parent /guardian.

10.11 All members of the group/s will have medical / travel insurance and EU citizens must carry their European Health Insurance Card (EHIC). 

10.12 Language Link will not be held responsible for any medical expenses incurred.

10.13 Language Link is not responsible for any activities held off-campus.