Representation agreement

BETWEEN

Inspire Education and Migration Services

Regd/ ABN Number: 56 619 074 118

AND

Thames International College

ABN: 82 644 170 454

DATED
16/02/2024

Thames International College

RTO 45939 | CRICOS 04079M
Phone Number: +61 2 8960 3032 | Email: marketing@thames.edu.au
Address: Level 2, 118 Walker Street, North Sydney, NSW 2060

Agent Agreement v.2.0 January 2024 1

 Agreement summary:

Thames International College wants to recruit full-time overseas students to study at the Institute.
The Education Services for Overseas Students Act 2000 (“the ESOS Act”) imposes certain
obligations and requirements on the providers of education and training courses to overseas students
and those providers’ agents, including the obligations set out in the national code established under
the ESOS Act (“National Code”). Thames International College is registered on the Commonwealth
Register of Institutions and Courses for Overseas Students (CRICOS) as part of the ESOS Act
requirements under CRICOS Code 04079M. The Agent provides services for recruiting genuine
students for enrolment and study in Australia. The Agent is aware of the ESOS Act and National Code
2018 requirements and has agreed to comply with those requirements.

Terms of the agreement

Definition ‘Agent’s Fee’ means fee calculated under Item 3 of Schedule 1.

‘Marks’ means logos, trademarks, designs, and crests that
belong to or carry the name of Thames International College.
‘PRISMS’ means the Provider Registration and International
Students Management System (the electronic system that holds
CRICOS and the electronic confirmation of enrolment).
‘Program’ means the full-time registered courses programs
offered by Thames International College and registered on
CRICOS.
Program Fee’ means the tuition and other fees set by Thames
International College for the program.
‘Prospective student’ means a person within or outside Australia
who intends to become or has taken steps towards becoming a
Student at Thames International College.
‘Services’ means the services described in clauses 3 and 4.
‘Student’ means an 'overseas student' as defined in the ESOS
Act.
‘Term’ means the period set out Schedule 1.
‘Territory’ means the countries or regions set out Schedule 2.
In this Agreement, unless the contrary intention appears:

Thames International College

RTO 45939 | CRICOS 04079M
Phone Number: +61 2 8960 3032 | Email: marketing@thames.edu.au
Address: Level 2, 118 Walker Street, North Sydney, NSW 2060

Agent Agreement v.2.0 January 2024 2


Engagement of the agent
Agent overall responsibilities
Phone Number: +61 2 8960 3032 | Email: marketing@thames.edu.au
Address: Level 2, 118 Walker Street, North Sydney, NSW 2060
Agent Agreement v.2.0 January 2024
• Headings are for ease of reference only and do not affect the
meaning of this agreement.
• The singular includes the plural and vice versa, and words
importing a gender include other genders.
• Other grammatical forms of defined words or expressions
have corresponding meanings.
• money is in Australian dollars unless otherwise stated, and a
reference to 'A$', 'AUD', '$A', 'dollar' or '$' is a reference to
Australian currency, and
• Schedule 1 to this Agreement forms part of the Agreement,
but if there is any conflict between a clause of this Agreement
and the Schedule, the clause of this Agreement will prevail.
• Thames International College engages the Agent to be its
representative to perform the services for the Term.
• This is a non-exclusive agreement. Thames International
College may appoint other agents in the territory.
• Compliance with the National Code of Practice for Providers
of Education and Training to Overseas Student 2018
(National Code 2018) under Standard 4 about Education
Agents.
• Agent represents Thames International College must act
ethically, honestly and in the best interests of international
students and uphold the reputation of Australia’s international
education sectors.
• Promote Thames International College and its courses in the
territory to international students with current information
about courses and services including fees.
• Being transparent in all aspects of recruiting students,
including not providing misleading or inaccurate information
or promise migration outcomes.
• Recruit student as per admission policies and procedure of
Thames International College.
• Take reasonable steps to confirm the accuracy of the
information provided by students.
Thames International College
RTO 45939 | CRICOS 04079M
3

Conflicts of interest
Phone Number: +61 2 8960 3032 | Email: marketing@thames.edu.au
Address: Level 2, 118 Walker Street, North Sydney, NSW 2060
Agent Agreement v.2.0 January 2024
• Assist students to complete the required paperwork including
application form, enrolment forms and to assemble required
supporting documents.
• Check all completed applications to ensure of their
completeness and accuracy.
• Provide all completed application documents along with any
fees to RTO within 1 working day of receiving the completed
document from the student.
• Agent must have and maintain a thorough knowledge and
agreement of the Australian International Education and
Training Agent Code of Ethics.
• Participate in monitoring activities conducted by RTO.
• Cooperate with ASQA by providing accurate and factual
responses to requests for information as required and in the
conduct of audits and the monitoring of RTO operations as
required.
• The Agent should not subcontract to any other agency or
individual without the prior consent of the RTO.
• Keep all information about the RTO confidential during the
period of the agreement and then 12 months from the
termination of the agreement.
• Keep all information about students confidential during the
period of the agreement and then 12 months from the
termination of the agreement.
The Agent must avoid conflicts of interest at all times. Conflicts of
interest could include but are not limited to:
• when the agent charges service fees to both RTO and
international students for the same service;
• where an Education Agent has a financial interest in another
provider; or
• where an employee of an Education Agent has a personal
relationship with an employee of the RTO.
• All conflicts of interest must be declared in writing to RTO as
soon as they become apparent.
Thames International College
RTO 45939 | CRICOS 04079M
4
 Responsibilities of Thames
International College
Phone Number: +61 2 8960 3032 | Email: marketing@thames.edu.au
Address: Level 2, 118 Walker Street, North Sydney, NSW 2060
Agent Agreement v.2.0 January 2024
Thames International College is responsible for compliance with
the ESOS Act and the National Code 2018 at all times.
Thames International College will:
• provide the agent with all the required information such as
marketing materials and documentation associated with
enrolment.
• not be required to accept any prospective student referred by
the agent.
• monitor this agreement by interviewing student regarding the
information provided by the agent to ascertain the adherence
of the agent to this agreement, by meeting with the agent, by
visiting the agent’s place of business.
• notify agents of any updates to information and
documentation and provide updated copies.
• assess all applications received through the agent within 5
working days.
• pay commission fees within the agreed timeframe for all
students who enrol with RTO.
• provide a copy of this written agreement to the agent.
• on signing of the agreement, enter the agent’s details into
PRISMS and maintain as required.
• provide the agent with a copy of this agreement once signed.
• monitor the agent’s performance as per the information in the
monitoring section of this agent agreement.
• take corrective action or terminate the agreement with the
agent if:
• Thame International college finds that the agent has not been
meeting their obligation under this agreement or the ESOS
Act and National Code requirement become aware of the
agent being negligent, careless, or incompetent or being
engaged in false, misleading, or unethical advertising and
recruitment practices, including practices that could harm the
integrity of Australian education and training.
Thames International College
RTO 45939 | CRICOS 04079M
5
 Privacy Thames International Collage is required to collect the agent’s
personal information. This may be shared with the Australian
Government as required for the purposes of:
• promoting compliance with the ESOS Act and the National
Code;
• assisting with the regulation of Agents;
• promoting compliance with the conditions of a particular
student visa or visas, or of student visas generally; or
• facilitating the monitoring and control of immigration.
Information about education agents can also be accessed by all
registered providers through PRISMS and includes:
• the outcome of the enrolments
• the percentage of completed CoEs by the agent.
• the number of CoEs created with the agent’s involvement
against the total number of CoEs created for the provider.
Confidentiality • The agent must keep confidential all information provided by
Thames International College, other than to the extent
disclosure is required to perform the service by this
agreement and the terms of this agreement.
• All other information that the institute and the Commonwealth
or State or Territory agencies may be disclosed by the
National Code 2018 Standard 4 clause 4.2.6.
Terms and conditions • This is a non-exclusive agreement. Subject to satisfactory
performance and mutual consent, the agreement may
continue, and a new contract will be signed.
• All costs associated with marketing activities by the agent
must be borne by the agent.
• Thames International College is under no obligation to accept
students proposed by the agent.
• The agent details including name of agency, representative,
address, email and telephone will be included on Thames
International College website.
• Thames International College will under no circumstances
accept students from an agent if it is known or suspects the
agent to be:

Thames International College

RTO 45939 | CRICOS 04079M
Phone Number: +61 2 8960 3032 | Email: marketing@thames.edu.au
Address: Level 2, 118 Walker Street, North Sydney, NSW 2060

Agent Agreement v.2.0 January 2024 6

 • providing migration advice, unless the agent is
authorised to do so under the Migration Act
• engaging in or has previously engaged in dishonest
recruitment practices, including the deliberate
attempt to recruit a student where this clearly conflicts
with the obligations of registered providers under
Standard 7 (overseas student transfers)
• facilitating the enrolment of a student who the
Student Career Consultancy believes will not comply
with the conditions of their visa
• using PRISMS to create CoEs for other than bona
fide students.
Monitoring • Agent performance will be monitored every 6 months using
the Education Agent Monitoring Form. The purpose of the
form will be to collect information on number of applications
put forward by the agent, conversion rates, performance of
students once enrolled (e.g. course progress and attendance)
and whether any unauthorised advice has been followed.
• Thames will also utilise student feedback to inform agent’s
performance.
• The performance review report’s outcomes shall help to
improve the agent’s shortcomings for continuing collaboration
as set out in Schedule 1.
• Where Thames International College becomes aware of any
issues that contradict this agreement, this will also be
investigated immediately in addition to the monitoring
process.
• Where the monitoring process indicates any issues, the agent
will be notified of this in writing including a description of the
issues and the corrective action required. The corrective
action required will depend on the issue identified but must be
immediately implemented by the agent.
• The corrective action will also be monitored to ensure it is
implemented by the agent.

Thames International College

RTO 45939 | CRICOS 04079M
Phone Number: +61 2 8960 3032 | Email: marketing@thames.edu.au
Address: Level 2, 118 Walker Street, North Sydney, NSW 2060

Agent Agreement v.2.0 January 2024 7

 • Renewal of the agreement shall be based on the agent’s
performance, and the term shall be decided jointly.
Termination • Either party may terminate this agreement at any time by
giving the other party 10 days prior written notice.
• This agreement will be terminated immediately if Thames
International College identifies that the agent breach any
provision of this agreement.
• If Thames identifies that an agent’s employee or
subcontractor engaged in those practices, the same applies.
• On termination of this agreement, the agent must:
• Submit all applications and fees from prospective
students received up to the termination date; and
• Immediately cease using marketing materials
provided.
• The termination of this agreement by either party does not
affect any accrued rights or remedies of either party.
Assignment and • The agent must not assign this agreement of any right under
subcontracting this agreement without the prior written consent of the
Thames International College (which may be withheld at its
disclosure).
• The agent must not subcontract to any person the
performance of any of its obligations under this agreement
without the prior written consent of the institute (which may be
withheld at its discretion).
• Despite any subcontract, the agent remains liable for
performing its obligations under this agreement.
• The agent must terminate any agreement with a sub-
contractor if:
• it becomes aware of or reasonably suspects
dishonest practices, including the deliberate attempt
to recruit a student where tis conflicts with the
obligation of registered providers under National
Code Standards 7.
• or any of the other dishonest practices outlined
above.

Thames International College

RTO 45939 | CRICOS 04079M
Phone Number: +61 2 8960 3032 | Email: marketing@thames.edu.au
Address: Level 2, 118 Walker Street, North Sydney, NSW 2060

Agent Agreement v.2.0 January 2024 8

 Agent fee • Thames International College will pay agent fees as
mentioned in Schedule 3.
• Subject to the other provision of this clause, Thames
International College must pay the agent’s fee for each
student who:
• is recruited by the agent;
• is enrolled in a course; and
• has paid the tuition fee to Thames International
College;
• has commenced the course.
• Agent’s fees are not payable for students who have
cancelled or withdrawn their enrolment from the institute.
• An agent is regarded as having recruited a student under
this agreement if:
• the agent submits the student’s application for
enrolment, which also bears the Agent’s official seal.
• If the student nominates the agent in writing as their agent.
• Agent’s fees are subject to review by Thames International
College based on the agent’s performance.
• GST only applies if the agency has Australian Business
Number (ABN) and is registered for GST.
• An agent’s fee is not paid where the student applies to enrol
directly to Thames International College.
• The agent must pay over all fees collected on behalf of
Thames International College. No fees may be deducted.
• The agent must submit an invoice or acknowledge payment
advice in a form approved by Thames International College
for payment of its fee. Thames International College
reserves right to deduct any bank charges if payable agent
fee is requested to be transferred to an overseas bank.
• Thames International College must pay the fee payable
under this within 30 days of receipt of valid invoice from the
agent.
• Commission paid in advance will have to be refunded by the
agent to Thames International College in case of:

Thames International College

RTO 45939 | CRICOS 04079M
Phone Number: +61 2 8960 3032 | Email: marketing@thames.edu.au
Address: Level 2, 118 Walker Street, North Sydney, NSW 2060

Agent Agreement v.2.0 January 2024 9

 • student’s visa refusal or
• withdrawal during course or
• where student request for a refund.

Schedule

1. The agreement is valid until January end of 2025.

2. There are no limits to territory set by this agreement.
3. Agent Fee:
a. 30% of total tuition fees paid by the student in case of offshore student.
b. 35% of total tuition fees paid by the student in case of onshore student.

Agreement execution:

The Agent
Education Agent Organisation Name Inspire Education and Migration Services
Address Suite 60, Level 6, 650 George St, Sydney, NSW 2000
Representative Name Irene Gunawan
Representative position Director
Email irene@inspireedu.com.au / info@inspireedu.com.au
Contact phone 0450722212 | 0411607708
Signature
Date 16/02/2024

The Institute
RTO name Thames International College
Address Level 2, 118 Walker Street, North Sydney, NSW 2060
Representative Name Dr. Ravi Sharma
Representative Position Program Coordinator
Email marketing@thames.edu.au
Contact phone +61 2 8960 3032
Signature
Date 16/02/2024

Thames International College

RTO 45939 | CRICOS 04079M
Phone Number: +61 2 8960 3032 | Email: marketing@thames.edu.au
Address: Level 2, 118 Walker Street, North Sydney, NSW 2060

Agent Agreement v.2.0 January 2024 10