Start Summer Term 2014

University Student Code of Conduct

AGUK aims to support all its students with the support and guidance they need to achieve success. The AGUK University Student Code of Conduct sets out the standard of conduct the AGUK expects of its students, which is representative of most Universities, so that everyone can undertake their studies in a supportive and non-threatening environment. Please also refer to the University’s own ‘Student Code of Conduct’ and familiarise yourself with what is expected of you.

1. Behaviour that is expected of students:

On campus, and in halls of residence that are associated with the University, the University expects students:

to behave in a responsible manner that will help to foster mutual respect and understanding between all members of the University community;
to act within the law and not to engage in any activity or behaviour that is likely to bring AGUK and the University into disrepute;
to behave and communicate in ways that do not unreasonably offend others. Examples of unreasonably offensive behaviour include using abusive or obscene language and engaging in any form of discriminatory or anti-social behaviour;
to treat with respect everyone with whom they come into contact, whether within the University or outside;
to treat all University property with respect;
to comply with requests of members of staff;
to adhere to the University’s Health and Safety policies and to any specific requirements that apply to areas where they work;
to observe fire alarms and related procedures and evacuate buildings when alarms sound;
to disclose immediately to AGUK and the University, if they are charged with, and/or convicted of, a serious criminal offence.

Off Campus the University works hard to build good relationships with its local communities. It works with residents’ associations, local representatives and the police in order to help make the surrounding areas safe and friendly environments to live in. In that context, students are expected to:

follow the appropriate curfew guidelines, both for your safety and the wellbeing of yourself and others. (11pm, unless agreed specifically otherwise with parental consent provided);
help to support these relationships in the way that they conduct themselves in the surrounding area;
be considerate to their neighbours, especially in relation to noise levels and rubbish;
be considerate when they are parking close to a campus, so that they do not obstruct residents;
act within the law and not engage in activity or behaviour that is likely to bring AGUK and the University into disrepute.

2. Behaviour that will be regarded as misconduct

AGUK considers the forms of inappropriate conduct that are set out below to constitute misconduct that may lead to a termination of Guardianship services. However, this list should not be regarded as exhaustive.

Unacceptable behaviour arising from the consumption of alcohol or other substances
The possession or use of illegal drugs or any substance that has a similar effect to illegal drugs
Failure to respect the rights of others to freedom of speech within the law, as required by s.43 of the Education Act (No.2) 1986
Disorderly, threatening, bullying, or offensive behaviour or language whilst on University premises, engaged in University activity whether on or off the University’s premises, or using University computers or e-mail accounts
Any action that did cause, or could have caused, a health and safety concern on University premises
Any behaviour that damages AGUK and/or University’s relationship or reputation with its local communities, as evidenced by complaints from residents, residents’ groups, local representatives or the police
Any behaviour that damages, or that has the potential to damage, AGUK and/or the University’s relationship or reputation with external organisations and groups
Disruption of, or improper interference with, the academic, administrative, sporting, social or other activities of the University
Abusive behaviour or language, harassment or bullying of any kind, towards a student, a member of staff or a visitor to the University by any means, including social media, whether on or off University premises and whether conducted through University or personal equipment
Actions that involve making defamatory statements and/or false claims about a member of AGUK and/or the University community
Any interference with fire detectors, fire alarms or fire extinguishing equipment
Damage to, defacement of, AGUK and/or University property or the property of other members of the University, whether caused intentionally or recklessly
Misuse or unauthorised use of the internet, including computer misuse

3. Behaviour that will be regarded as serious misconduct

The following kinds of behaviour will normally be treated by AGUK and/or the University as serious misconduct, that will most likely lead to a termination of Guardianship services.

abusive language used about others, or abusive behaviour towards others, on the grounds of their age, disability, gender, gender identity, pregnancy, maternity, race, religion, belief, or sexual orientation;
taking AGUK and/or University property, or the property of University staff or students, without permission;
deceit, deception or dishonesty in relation to AGUK and/or the University or its staff and students, or while on University-related activities;
the supply of illegal drugs or any substance that has a similar effect to illegal drugs;
other behaviour that constitutes a potential criminal offence of relevance to AGUK and/or the University or to the student’s standing as a member of the University community;
any action that did cause, or could have caused, serious harm on University premises or during University activities, or that creates a legal liability for AGUK and/or the University;
physical violence towards others, or the threat of physical violence;
behaviour that compromises the reputation of AGUK and/or the University;
making unwanted remarks of a sexual nature;
engaging in a sexual act involving University staff or students without their consent;
serious and/or repeated harassment of staff or students.

In addition, instances of misconduct in the categories that are set out in 2. above that are considered by the relevant AGUK and/or University officers to have a significant impact on others or on AGUK and/or the University generally, or to be persistent and/or repeated over a significant period of time, may be treated as serious misconduct.

Parties

1. Academic Guardians UK is a limited company registered in England with company number 08761243, whose registered office is at Capital Offices, Kemp House, 152-160 City Road, London, EC1V 2NX (‘Academic Guardians UK’ or ‘we’).
2. The Parent(s) whose details and signatures appear at the end of this agreement (‘you’).

Agreed terms

1. Terms and conditions

These terms and conditions constitute the entire contract between Academic Guardians UK and you (the Agreement).

2. Definitions

“Guardian” – means the person or body responsible for the care of the Student while he/she is in the UK. The responsibilities of the Guardian will include caring for the Student as would a responsible and caring parent by, for example, being in regular contact with the Student and providing advice and support as necessary. Responsibilities also include being authorised to make certain decisions concerning the Student on your behalf, for example, decisions regarding emergency medical and dental treatment and matters of a disciplinary nature. Further details are set out in section 7 below.

“Homestay Host Family” – means the Homestay Host Family which will be appointed by us to provide accommodation, meals and care for the Student. As far as is practicable, we will try to appoint the same Homestay Host Family for the Student for the whole of their time in the UK.

“Student” – means the Student whose details are set out at the end of the Agreement.

“Student Expenses Account” – is an account held by us, and to which you make regular payments, as set out in section 9.3 overleaf. The money in this account is to be used to cover expenses incurred by the Student during their time here, or when they are with the Homestay Host or by us on behalf of the Student, for example: homestay host accommodation, transport costs, outings, mobile phone vouchers, pocket money.

3. Appointments

You hereby appoint Academic Guardians UK to act as a Guardian and to arrange Homestay Host Families (as and when necessary) for the Student whilst he/she is attending a boarding school / university here in the United Kingdom.

4. Duration of this agreement

Subject to clause 9, we will act as Guardian from the time that the Student arrives in the UK, until the time that the Student leaves the UK. We will appoint a Host Family who will accommodate the Student and provide meals, as set out below in section 7.4. It is expected that the Student will leave the UK and return home for Easter, Christmas and Summer holidays unless otherwise requested.

5. Your authority and declarations

5.1 Parental responsibility: You confirm that you have parental responsibility (i.e. legal responsibility) for the Student and that no other person’s consent is required for this Agreement.

5.2 Authority: You confirm that you authorise Academic Guardians UK to act as a Guardian for the Student whilst they are in the UK. You confirm that you authorise Academic Guardians UK to select and appoint a suitable Homestay Host Families and in good faith, to decide any matter (including emergency medical, dental treatment and matters of a disciplinary nature) that may affect the Student’s welfare. You also confirm that you will notify us in writing of any special consent to be given or withheld while the Student is in our care i.e. guidelines on going out with friends, pocket money limits, participation in dangerous sports and activities.

5.3 Physical contact: From time to time the Student will participate in social activities arranged by the Homestay Host Family or by us. You consent to the Student’s participation in such activities including contact and non-contact sports.

5.4 Confidentiality: You authorise Academic Guardians UK to override your own (and so far as you are entitled to do so) the Student’s rights of confidentiality, in order to impart confidential information on a “need to know” basis where necessary to safeguard or promote the Student’s welfare.

5.5 Disclosures: You confirm that you have already provided and will continue to provide us with details of any medical conditions (including allergies), health problems, disability, special educational needs, or learning difficulties, including behavioural, emotional and/or social difficulties. You confirm that the details you have provided and will continue to provide are complete and accurate in all respects. You confirm that you will inform us immediately if these details change, or if your own circumstances or contact details change.

5.6 Adult supervision: Students are not permitted to stay overnight in any location without the supervision of an adult over 25 years of age, including in hotels. If you or the Student breach this obligation you acknowledge and accept that we do not accept any liability for any consequences that may arise.

5.7 Travel: The Student is not permitted to travel independently on public transport without your prior written consent if they are under 16.

5.8 Behaviour: The student must obey the laws of the United Kingdom, especially regarding alcohol, tobacco and drugs. The student must comply with the rules of the University, the Guardian and those set by the Homestay Host where applicable. Great emphasis is placed on good behaviour, courtesy, integrity, good discipline and respect for the needs and cultural differences of others. You understand that your child needs to be well behaved and respectful to us, the Homestay Host and their home, will attend each school day, will be punctual and will work hard.

5.9 Photographs: From time to time we would like to take photographs of the for use in marketing materials and case studies. By entering into this Agreement you consent to our taking and using photographs of the Student for these purposes. If you do not wish us to take or use photographs of the Student, please specify this to us in writing when you return the signed copy of this Agreement.

6. Parent(s) responsibilities

6.1 Visa: You confirm that you understand that it is your responsibility to arrange for the Student’s visa to study here in the UK.

6.2 Insurance cover: The Student’s school can give you full information on insurance cover they provide including any which may apply to the Student when in the UK but not at school. It is then your responsibility to arrange any other insurance cover that you may require.

6.3 Indemnity: You agree to indemnify us against any liability which we may incur in respect of breach of a duty of care and I or breach of contract caused by (or contributed to by) anything which you or the Student does, or fails to do, in breach of your obligations under this Agreement.

6.4 Payment: You agree to pay the Fees in accordance with the provisions on Fees set out in section 9 overleaf, and to terminate this agreement only in accordance with the provisions on notice set out in section 9 below.

6.5 Liability for damage: You shall be responsible for any loss or damage caused by the Student to Academic Guardians UK or the Homestay Host Family and you agree to indemnify us against any such loss or damage.

6.6 Notice:
You agree to provide us – all relevant transportation details to and from the UK, at least 30 days before the event, where possible. The fees to be applied are detailed as follows:

Changes made within 14 days of the start of the period of stay will be charged to you at 50% of estimated cost. Changes made within 7 days will be charged to you at 100% of estimated cost.
Late supply of information to us beyond the 30 day and 14 day notice will incur an additional £25 administration charge.

6.7 Contact: You agree to be available for contact during the period of stay on the contact details you have provided to us, for any emergency issues that may arise.

7. Guardian’s Responsibilities

7.1 Responsibilities: Our responsibilities and those of the Homestay Host Family arise only when the Student is in the United Kingdom.

7.2 Appointment of a Homestay Host Family: We agree to select and appoint a Homestay Host Family that is known to us, as defined in section 2 above, to provide accommodation and meals for the Student. We provide the Homestay Host Family with a Code of Practice. In the unlikely event that the Student is unhappy with the Homestay Host arrangement, we will do what is reasonable to mediate and, if necessary, to find an alternative Homestay Host Family.

7.3 Safeguarding: We undertake to carry out appropriate checks as to the suitability of the Homestay Host Family, including DBS checks, on all persons over the age of 16 living in the Homestay Host Family home. We will carry out an interview and an assessment of the Homestay Host Family, in the family home and we will request personal and professional references.

7.4 Accommodation and meals: We agree to ensure, with appropriate interviews, inspections and checks, that the Homestay Host Family provides a high standard of accommodation and meals for the Student for the periods of the Student’s stay. Hosts are expected to provide half board accommodation during the week with full board at the weekend. Ensuring that the student as a minimum feels safe, warm and welcome.

7.5 Travel: Provided we have been given timely, correct and relevant flight details, (30 days prior to the Student’s arrival in the UK), we will provide you with all necessary information regarding their travel arrangements within the UK. We will arrange for the Student’s collection from the airport and to the School/Homestay Host Family home when he/she first arrives, as well as the travel arrangements to ensure the Student’s return to the airport at the end of their stay if required. Expenses will be taken from the Student Expenses Account, as detailed previously.

7.6 Contact with the University: We will maintain good contact with the Student’s University and will be the UK first point of contact in relation to attendance, paperwork assistance and emergencies.

7.7 Contact with you and the Student: We will keep in regular contact with the Student, be contactable always in case of an emergency and respond accordingly. We will maintain regular contact with you and keep you updated on a regular basis as to the Student’s progress at University and with the Homestay Host Family. We will notify you as soon as possible in the event of a serious problem. We will provide a 24-hour emergency contact service for the benefit of you and the student.

7.8 Releasing care: We will not accommodate or release care of the Student without your prior knowledge and consent to do so.

7.9 Other responsibilities: We agree to carry out the services set out in Appendix 1 whilst the Student is in the UK and we agree to carry them out in accordance with our Safeguarding Policy.

7.10 Emergency Contact: The 24hour emergency contact mobile number is: +44 (0) 7931 954 106

8. Homestay Host Family Obligations:

8.1 complete a comprehensive application form, provide references and grant authorisation to obtain background checks and DBS certificates where necessary

8.2 undertake an interview assessment and risk assessment of the family and home with and AGUK representative

8.3 provide an annual gas safety certificate where applicable

8.4 respect the participants of different cultural background and be sensitive to their needs

8.5 be prepared to make a commitment for the full academic year (agreeing to host for at least two terms)

8.6 provide a safe and welcoming environment, with comfortable accommodation for the student – their privacy being respected always

8.7 be present in the home, to greet the student and provide them with an initial orientation, highlighting ‘house rules’ and expectations, including the fire evacuation plan

8.8 provide a student bedroom which must be clean and tidy and as a minimum must have a desk, wardrobe, lamp and comfortable bed. No personal belongings or clothing should be left in the student bedroom while the student is staying there

8.9 provide two/three meals a day (weekends) are to. Care should be taken to provide the student with the appropriate diet, taking into consideration any special dietary requirements

8.10 take on the daily responsibility for the students whilst they are staying with them, ensuring they feel at home and treat them as a member of the family rather than a lodger or paying guest

8.11 agree to not releasing care of the student under any circumstance, without the relevant prior consent from AGUK

8.12 will use only reasonable, appropriate and lawful means of control and contact with the student, to provide comfort to the student if in distress (refer to the Homestay Host Family Handbook for guidance and clarification)

8.13 in the event of any emergency that AGUK are contacted and informed immediately on the 24/7 emergency contact numbers 07931 954106 & 07823 321 993

8.14 adequate insurance should be in place for both the home and transport for the purpose of hosting and transporting students

8.15 hosting students other than those booked through AGUK is not permitted unless agreed and confirmed in advance. Any changes require immediate notification

8.16 changes in the home or family which may affect this agreement, including household composition, must be communicated to AGUK immediately

8.17 direct contact with the student’s school or overseas parent/agent is solely at the discretion of AGUK

8.18 allow a representative of AGUK, to inspect the suitability of the accommodation once a year and undertake a safeguarding training update.

8.19 must not use the accommodation as a B&B whilst guardianship services are being provided for a student

9. Fees

9.1 Fees: All Homestay Fees are payable at least one term in advance. Expenses and the cost of repairing damage caused by the Student which will be taken from the Student Expenses Account or charged to your account at the time such cost is known. Both the Guardianship Fee and the Student Expense Account Fee are payable in advance of the start of term.

9.2 Fee rates: The fee rates are set out in the fees list below. Fee levels will be reviewed each year and there will be reasonable increases from time to time.
Homestay Fee (Monthly): £930.00
Transport Fees at Cost: £2.00 (per mile)
Additional Homestay Visit: £50.00 (+ VAT)

9.3 Student Expenses Account payment: You are required to pay £450.00 as a Student Expenses Account deposit payment before the start of the first term. Costs incurred during each term will be deducted from the Student Expenses Account as necessary. These include, but are not limited to, Homestay requirements, travel, pocket money, repairs and damage. However, except in an emergency, we will seek authorisation from you for any single amounts totaling, more than £20. You will be required on subsequent invoices to pay further sums to ensure that the Student Expenses Account is sufficient to cover future expenses incurred. Any balance of the Student Expenses Account will be carried forward to the next academic term or repaid to you by means of credit without interest to the final sums due to Academic Guardians UK on leaving.

9.4 Refund/ waiver: Fees will not be refunded or waived:
9.4.1 for absence through sickness;
9.4.2 if a school term is shortened or a vacation extended;
9.4.3 for any cause

9.5 Late Payment: If any of our fees are not paid by the due date, we may charge interest on any balance outstanding at the rate of 4% per year Lloyds Bank base rate.

9.6 Extended Guardianship: If your child stays with an Academic Guardians UK Homestay Host Family for the entire duration of the longer School Holidays (ie: Christmas, Summer or Easter) a charge of £150 plus VAT will be applied for extended guardianship services.

10. Termination of the Agreement and notice

10.1 Notice of termination: Unless there are exceptional circumstances which justify short notice, as discussed with and agreed to by us in writing, you will give us at least one School Term’s written notice before bringing this Agreement to an end. If you fail to give the required notice, you will be charged guardianship Fees for one full School Term, in lieu of notice.

10.2 Unpaid fees: We will release the care of the Student at your expense should the fees remain unpaid after three days’ written notice to you.

10.3 Termination due to the Student’s or your conduct: We may deem it necessary to terminate this agreement immediately if, after consultation with the you and where appropriate, the Student, if we are of the opinion that by reason of the Student’s conduct, behaviour or progress, the Student is unwilling or unable to benefit sufficiently from the arrangements, or if you have treated us or a member of our staff unreasonably. We shall act with procedural fairness in all such cases, and shall have regard to your interests and those of the Student, but our decision will be final.

11. Cooling off period

In accordance with Consumer Rights Legislation, you have the right to cancel this Agreement within 14 days of signing it, without giving any reason. The cancellation period will expire 14 days after the date of the Agreement. However, if you confirm to us you wish us to start to provide the services during the 14- day cancellation period then you lose your right to cancel. If you cancel this Agreement in accordance with the cooling off period in clause we shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.

12. Legal liability

Unless our negligence or breach of our obligations under this Agreement causes injury, loss or damage, we cannot accept responsibility for any loss or damage arising from or caused by any act or omission by us, any of our staff or any member of the Homestay Host Family, or the Student. We shall not be responsible for any loss or damage that results if you have not provided us with the timely requested or relevant information about you or the Student to enable us to provide our services in accordance with this Agreement. We shall not be liable for any indirect or consequential losses or any business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity. Our total liability to you is limited to the amount of fees paid by you for our services.

We do not exclude or limit our liability for:

death or personal injury caused by our negligence or the negligence of our officers, employees, contractors or agents; or
fraud or fraudulent misrepresentation; or
any liability which may not be excluded by law.

13. Data Protection

You confirm that all information provided by you to Academic Guardians UK is correct, accurate and up-to-date. Subject to the General Data Protection Regulations (GDPR) 2016 you consent on behalf of yourselves, and where appropriate, on behalf of the Student, to our collecting, using and disclosing information about you and the Student as necessary to perform our obligations under this Agreement. In particular we shall share the information on the Student’s profile with the Homestay Host Families, with Schools and with any other relevant third party in order to perform our obligations under this Agreement.

In doing this we will ensure that we will:

process the data lawfully in a clear, fair and transparent manner
collect data only for the purpose of performing our obligations under this agreement
only collect data that will be adequate, relevant, accurate and up to date and limited to what is necessary
only retain data for as long as necessary to meet our compliance and statutory obligations
process data securely during all stages of performing our obligations under this agreement

14. Complaints and problems

You must notify us at once if you or the Student has a problem or concern with, or wishes to make a complaint against, any member of the Homestay Host Family or against any member of Academic Guardians UK staff. In the first instance, please contact Dawn Kettle or, if the complaint concerns Dawn Kettle, then please contact Andrew Kettle.

A copy of our Complaints Procedure is available on our website (home Page) or upon request from head office.

15. Third party rights

Only Academic Guardians UK and the Parent(s) are parties to this agreement. Neither the Student nor the Homestay Host Family nor any third party is a party to it.

16. Legal contract

A legally binding contract will be formed once a person duly authorised by Academic Guardians UK has signed and dated this agreement, which has previously been signed by you.

17 Governing law

This agreement is governed exclusively by and is to be construed in accordance with the law of England and Wales.

18 Policy Documents

Parents are expected to have read, understood and agree to support AGUK in line with the following policies:

Absent or Missing Children
Safeguarding & Child Protection Policy
Complaints Policy
Data Protection Policy

These policies can be accessed via the company website, and are provided to parents via email and will be available via the student portal.

Parties

1. Academic Guardians UK is a limited company registered in England with company number 08761243, whose registered office is at Capital Offices, Kemp House, 152-160 City Road, London, EC1V 2NX (‘Academic Guardians UK’ or ‘we’).
2. The Parent(s) whose details and signatures appear at the end of this agreement (‘you’).

Agreed terms

1. Terms and conditions

These terms and conditions constitute the entire contract between Academic Guardians UK and you (the Agreement).

2. Definitions

“Guardian” – means the person or body responsible for the care of the Student while he/she is in the UK. The responsibilities of the Guardian will include caring for the Student as would a responsible and caring parent by, for example, being in regular contact with the Student and providing advice and support as necessary. Responsibilities also include being authorised to make certain decisions concerning the Student on your behalf, for example, decisions regarding emergency medical and dental treatment and matters of a disciplinary nature. Further details are set out in section 7 below.

“Homestay Host Family” – means the Homestay Host Family which will be appointed by us to provide accommodation, meals and care for the Student. As far as is practicable, we will try to appoint the same Homestay Host Family for the Student for the whole of their time in the UK.

“Student” – means the Student whose details are set out at the end of the Agreement.

“Student Expenses Account” – is an account held by us, and to which you make regular payments, as set out in section 8.3 below. The money in this account is to be used to cover expenses incurred by the Student during their time here, or when they are with the Homestay Host or by us on behalf of the Student, for example: homestay host accommodation, transport costs, outings, mobile phone vouchers, pocket money.

3. Appointments

You hereby agree that the student will be residing in university halls of residence and/or with a family member over the age of 25 during the period prior to their 18th birthday and appoint Academic Guardians UK to act as a guardian and to arrange Homestay Host Families (If and when necessary) for the student whilst he/she is attending university in the United Kingdom.

4. Duration of this agreement

Subject to clause 9, we will act as Guardian from the time that the Student arrives in the UK, until the time that the Student reaches 18 years old or the guardianship term has ended. Students under our ‘university guardianship package’ are expected to reside in the student accommodation provided by their chosen university. In case of emergency we will appoint a Host Family (Short stays only) who will accommodate the Student and provide meals, as set out below in section 7.4. It is expected that the Student will leave the UK and return how for Easter, Christmas and Summer holidays unless otherwise requested.