Terms & Conditions

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Guardianship Agency (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

SERVICES PROVIDED

1. The Client hereby agrees to engage the Guardianship Agency to provide the Client with the following services (the "Services"): Engagement of Attentus: The client will engage Attentus to act as the Guardian for the Student in the United Kingdom. This includes coordinating the provision of Homestay Host Family accommodations, as and when necessary, throughout the Student's period of study at a boarding school or university within the United Kingdom.

Selection and Appointment of Homestay Host Family: The guardianship agency commits to identifying and designating a Homestay Host Family, as described earlier, to furnish the Student with both accommodation and meals. The agency will provide the Homestay Host Family with a Code of Practice. In case of the Student's dissatisfaction with the arrangement, the agency pledges to mediate and, if necessary, secure an alternative Homestay Host Family.

Safeguarding Measures: The guardianship agency is dedicated to conducting thorough suitability checks on the Homestay Host Family, including DBS checks for all individuals aged 16 and over residing in the Homestay Host Family's residence. This includes conducting interviews, home assessments, and obtaining both personal and professional references for the Homestay Host Family.

Standards for Accommodation and Meals: The guardianship agency agrees to ensure, through meticulous interviews, inspections, and verifications, that the Homestay Host Family provides superior quality accommodation and meals to the Student throughout their stay, prioritizing the Student's safety, comfort, and sense of welcome.

Travel Arrangements: Upon receiving accurate and timely flight information (at least 30 days before the Student's arrival in the UK), the guardianship agency will furnish all necessary details regarding the Student's travel within the UK. This includes arranging the Student's airport pickup and transfer to the School/Homestay Host Family residence upon arrival, as well as organizing return travel to the airport at the end of their stay, if required. Additionally, the agency will coordinate transportation to and from Homestay Host Families during school breaks, if needed. All travel expenses will be billed separately and covered by the Student Expenses Account.

School Communication: The guardianship agency will maintain effective communication with the Student’s School, ensuring participation by a representative at parents’ evenings and school events, as per the guardian package selected and when reasonably requested. While not assuming responsibility for educational and pastoral issues at School, the agency will offer support where feasible.

Regular Updates and Emergency Contact: The guardianship agency will stay in regular contact with the Student and remain accessible at all times for emergencies, responding as needed. The agency will also keep the guardian consistently informed about the Student’s progress at school and with the Homestay Host Family, and promptly notify in the event of any serious issues. A 24-hour emergency contact service will be provided.

Consent for Releasing Care: The guardianship agency will neither accommodate nor release the Student from care without prior knowledge and explicit consent.

2. The Services will also include any other tasks which the Parties may agree on. The Guardianship Agency hereby agrees to provide such Services to the Client.

PARENT(S) OBLIGATIONS

3. The following terms outlines the responsibilities of the parent(s) prior to the commencement of the agreement:

Visa Obligations: You are responsible for arranging the necessary visa for the Student's study in the UK. This responsibility is acknowledged and accepted by you.

Insurance Requirements: You should consult the Student’s school for detailed information on insurance coverage, including coverage for the Student while in the UK but not at school. It is your duty to arrange any additional insurance coverage as needed.

Indemnification Clause: You agree to indemnify us against any liabilities that may arise from a breach of duty of care or contract due to actions or omissions by you or the Student.

Fee Payment: You agree to the timely payment of Fees and understand the financial obligations involved in this agreement.

Responsibility for Damages: You are responsible for any loss or damage caused by the Student to Attentus or the Homestay Host Family and agree to indemnify us for any such loss or damage.

Notification Requirements: You are required to provide us with relevant transportation details for travel to and from the UK, ideally 30 days in advance. For periods requiring Homestay Host Family accommodation, detailed responses to our requests are expected within a reasonable timeframe. Failure to provide timely information will result in a default homestay booking, with cancellations incurring additional fees. These fees include:
- Cancellations or changes close to the date of stay will incur significant charges.
- Late provision of information will attract an administrative charge.

Emergency Contact Availability: You agree to be available for contact during the Student’s stay for any emergency issues, using the contact details you have provided.

PARENT(S) AUTHORISATION & DECLARATION

4. Below are the key responsibilities and consents required from the parent(s) or legal guardian(s) as part of this Agreement:

Parental Legal Responsibility: You confirm your legal responsibility for the Student and assert that no other individual's consent is required for this Agreement.

Authority to Attentus: You grant Attentus the authority to act as the Student's Guardian while in the UK. This includes the selection and appointment of suitable Homestay Host Families and the authority to make decisions regarding the Student's welfare, including emergency medical and dental treatments, as well as disciplinary matters. You also agree to provide written notification of any specific consents or restrictions, such as guidelines on social activities, financial limits, and participation in certain sports or activities.

Consent to Physical Activities: You consent to the Student's participation in social and physical activities, including both contact and non-contact sports, organized by the Homestay Host Family or by us.

Confidentiality Agreement: You authorize Attentus to share confidential information about the Student on a "need to know" basis, as necessary to protect or promote the Student's welfare, overriding any confidentiality rights.

Disclosure of Student Information: You confirm that you have provided, and will continue to provide, complete and accurate information regarding the Student's medical conditions, health issues, disabilities, special educational needs, or learning difficulties, including any behavioral, emotional, and/or social challenges. You agree to promptly inform us of any changes in these details or in your contact information.

Adult Supervision Requirement: Students are not allowed to stay overnight in any location without adult supervision by someone over 25 years of age, including hotels. You acknowledge and accept that we bear no liability for any consequences arising from a breach of this obligation.

Travel Restrictions: Students under 16 are not permitted to travel independently on public transport without your prior written consent.

Behavioural Expectations: The Student is required to abide by the laws of the United Kingdom, particularly regarding alcohol, tobacco, and drugs, and to adhere to the rules of the School, the Guardian, and the Homestay Host Family. Emphasis is placed on good behavior, courtesy, integrity, discipline, respect for cultural differences, regular school attendance, punctuality, and diligent study.

Use of Photographs: We may occasionally take photographs of the Student for use in marketing materials and case studies. By agreeing to this contract, you consent to our taking and using such photographs. If you prefer that we do not use the Student's photographs, please inform us in writing upon returning the signed copy of this Agreement.

TERM OF AGREEMENT

5. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.

6. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 30 days' written notice to the other Party.

7. In the event that either Party breaches a material provision under this Agreement, the non- defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.

8. This Agreement may be terminated at any time by mutual agreement of the Parties.

9. Except as otherwise provided in this Agreement, the obligations of the Guardianship Agency will end upon the termination of this Agreement.

PERFORMANCE

10. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

CURRENCY

11. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.

PAYMENT

12. The Guardianship Agency will charge the Client for the Services as indicated in the Service Agreement.

13. Invoices submitted by the Guardianship Agency to the Client are due upon receipt.

14. The Guardianship Agency will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and the Guardianship Agency will indemnify the Client in respect of any such payments required to be made by the Client.

15. The Guardianship Agency will be solely responsible for the payment of all remuneration and benefits due to the employees of the Guardianship Agency, including any National Insurance, income tax and any other form of taxation or social security costs.

REIMBURSEMENT OF EXPENSES

16. The Guardianship Agency will be reimbursed from time to time for reasonable and necessary expenses incurred by the Guardianship Agency in connection with providing the Services.

17. All expenses must be pre-approved by the Client.

INTEREST ON LATE PAYMENTS

18. Interest payable on any overdue amounts under this Agreement is charged at a rate of 3.00% per annum or at the maximum rate enforceable under applicable legislation, whichever is lower.

CONFIDENTIALITY

19. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

20. The Guardianship Agency agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Guardianship Agency has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.

21. All written and oral information and material disclosed or provided by the Client to the Guardianship Agency under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Guardianship Agency.

OWNERSHIP OF INTELLECTUAL PROPERTY

22. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trade mark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.

23. The Guardianship Agency may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Guardianship Agency will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.

RETURN OF PROPERTY

24. Upon the expiry or termination of this Agreement, the Guardianship Agency will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

CAPACITY/INDEPENDENT GUARDIANSHIP AGENCY

25. In providing the Services under this Agreement it is expressly agreed that the Guardianship Agency is acting as an independent Guardianship Agency and not as an employee. The Guardianship Agency and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

RIGHT OF SUBSTITUTION

26. Except as otherwise provided in this Agreement, the Guardianship Agency may, at the Guardianship Agency's absolute discretion, engage a third party sub-Guardianship Agency to perform some or all of the obligations of the Guardianship Agency under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.

27. In the event that the Guardianship Agency hires a sub-Guardianship Agency:

the Guardianship Agency will pay the sub-Guardianship Agency for its services and the Payment will remain payable by the Client to the Guardianship Agency.

for the purposes of the indemnification clause of this Agreement, the sub-Guardianship Agency is an agent of the Guardianship Agency.

AUTONOMY

28. Except as otherwise provided in this Agreement, the Guardianship Agency will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Guardianship Agency will work autonomously and not at the direction of the Client. However, the Guardianship Agency will be responsive to the reasonable needs and concerns of the Client.

EQUIPMENT

29. Except as otherwise provided in this Agreement, the Guardianship Agency will provide at the Guardianship Agency’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement.

NO EXCLUSIVITY

30. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.

NOTICE

31. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the addresses indicated in the Service Agreement and Panda Guardianship Ltd (“Attentus”): 34 Maple Street, W1T 6HD or to such other address as either Party may from time to time notify the other.

INDEMNIFICATION

32. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

MODIFICATION OF AGREEMENT

33. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.

TIME OF THE ESSENCE

34. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

ASSIGNMENT

35. The Guardianship Agency will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

ENTIRE AGREEMENT

36. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

ENUREMENT

37. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

TITLES/HEADINGS

38. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

GENDER

39. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

GOVERNING LAW

40. This Agreement will be governed by and construed in accordance with the laws of England.

SEVERABILITY

41. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

WAIVER

42. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

Terms & Conditions

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