Godsil Education University Guardianship Terms, Conditions and Agreement

University Guardianship Terms, Conditions and Agreement

This University Guardianship Terms, Conditions and Agreement sets out the terms and conditions under which Godsil Education shall provide educational guardianship and support to students during the period of their participation in the Godsil Education University Guardianship Programme. By signing this Agreement the co-signing parties agree to be bound by the terms and conditions as set out hereunder.

1. Definitions

  1. Agreement’ is this agreement together with the relevant and appropriate application form(s), medical form(s) and any other document(s), or service agreement(s) referred to herein.
  2. Student‘ means the student to whom this Agreement relates, as listed in the relevant and appropriate application form and who is enrolled in a University and placed with the Host Family at the Homestay Accommodation or in a University Boarding Accommodation.
  3. University’ means the third level institution in Ireland in which the Student is enrolled from time to time.
  4. Fee’ means such sums due by the Parents of the Student from time to time and payable under clause 2, including but not limited to the fee the Parents pay for Godsil Education’s services and the Homestay Accommodation.
  5. Homestay Deposit’ means the sum of money to be paid to Godsil Education for the purposes of securing Homestay Accommodation.
  6. Homestay Accommodation’ means the accommodation at which Godsil Education places the Student during the Programme and where the Host Family is permanently located.
  7. Host Family’ means any approved family with whom the Student is provided with Homestay Accommodation.
  8. Parent(s)‘ means the parent(s) or legal guardian(s), as applicable, of the Student
  9. Personal Information’ is all information relating to the Student including the Student’s health, academic performance, behaviour, conduct, dietary requirements, contact information and any other information necessary to ensure that the Programme can be effected appropriately.
  10. Guardianship Programme’ means the provision of the educational guardianship service arranged by Godsil Education for the Student and may include the placement of the Student with a Host Family and the educational guardianship provided by Godsil Education as set out in this agreement to conclude at midnight on the evening prior to the Student’s eighteenth birthday.
  11. Term Time’ means the time during which the University is officially open for the reception of students in the normal course of their education, tuition and pastoral care during the Guardianship Programme. For the avoidance of doubt, Term Time for does NOT include the University’s holiday periods, Christmas or Easter breaks, or any other period when the University is officially closed.
  12. Security Deposit’ means the additional sum of money to be transferred to Godsil Education on enrolment of the Student in the Guardianship Programme. Godsil Education shall hold such sums on account to be used to as a security deposit on behalf of the Student and Parent to pay for possible damages and subsequent costs and or other miscellaneous costs that may arise as a result of the Student participating in the Guardianship Programme and Service Agreement.
  13. Minimum Amount’ means the minimum acceptable sum of money that is held in the Expenses Fund at any time during the Student’s participation in the Programme.
  14. Service Agreement’ means the maintenance of support to the Student, the Parent and the Host Family for the provision of homestay accommodation, following the Student’s eighteenth birthday until the end of the homestay arrangement, as applicable and as agreed in advance.

2. Fees

  1. Subject to clause 2.2 and 2.3, in consideration for Godsil Education arranging the Programme for the Student, including providing educational guardianship and fulfilling its obligations under this Agreement, the Parents shall immediately on receipt of each invoice issued in accordance with clause 2.2, pay Godsil Education all Fees due.
  2. The total Fees as set out by Godsil Education (and amended from time to time) shall be invoiced and payable in accordance with clause 2.1 in the following instalments, allowing 5 working days for a bank transfer to be completed:
    1. An initial amount of 30% of the total Fee to be paid on enrolment of the Student in the Programme.
    2. The remaining 70% of the total Fee to be paid at least 8 weeks before the Student arrives in Ireland or by a date to the agreed by University and Godsil Education.
  3. The Parents acknowledge and agree that Godsil Education is authorised to process and transfer such sums due by the Parents to the Host Family and to any third party and the Parents shall remain personally liable to the Host Family and to any third party for all unpaid fees to any such party.
  4. The Parents will transfer the Security Deposit of not less than €500 to Godsil Education and Godsil Education will hold such sums on account to be used as a Security Deposit on behalf of the Student and Parents to pay for any such damages that may occur to the Homestay Accommodation or to another party or to settle any outstanding account, or to pay for subsequent costs and or other miscellaneous costs that may arise as a result of the Student participating in the Guardianship Programme and Service Agreement on behalf of the Student and Parents. At the end of the Guardianship Programme or Service Agreement, subject to the payment of all Fees, Godsil Education shall transfer to the Parents such sums remaining as part of the Security Deposit to the Parents.
  5. The Parents agree that if the total funds in the Security Deposit reduces to less than €200 (‘the Minimum Amount’) at any time, the Parents shall immediately transfer additional funds to the Security Deposit as directed by Godsil Education.

3. The Service Agreement, where applicable

  1. At the end of the Guardianship Programme as set out in this Agreement which concludes at midnight on the evening prior to the Student’s eighteenth birthday, the Parents agree to enter into the Service Agreement, which is a requirement of participation in the Guardianship Programme, solely in the case of a Student requiring the provision of Homestay Accommodation, to ensure the effective maintenance of support to the Student, the Parent and the Homestay Family following the Student’s eighteenth birthday until the end of the homestay arrangement (as agreed in advance) and to pay such fees as may be in force from time to time to administer the Service Agreement.

4. Godsil Education’s Obligations and Duties

Subject to payment of the Fees, appropriate expenses and financial commitments, and the Parents and Student adhering to the obligations and duties set out in this Agreement, Godsil Education:

  1. Will act as educational guardian for the Student during the Term Time and in any additional periods (as agreed in advance with the Parents). For the avoidance of doubt the Parents shall at all times throughout the Guardianship Programme be the legal guardians of the Student.
  2. Will oversee, administer the Guardianship Programme (as outlined in Appendix A of the Service Agreement) and liaise on behalf of the Student and Parents with the University, the Host Family and other third parties throughout the duration of the Guardianship Programme and Service Agreement subject to the relevant fees attached to such services where applicable.
  3. Shall ensure that suitable Homestay Accommodation, where applicable, is provided with a Host Family for Term Time and Easter Holidays. Accommodation during Christmas holidays is NOT included in the Guardianship Programme or the Service Agreement or the Fee, but subject to the payment by the Parents of a minimum of €45 per night or such other amount as agreed between the parties in advance, Homestay Accommodation can be arranged on request, but it is not guaranteed that suitable Homestay Accommodation will be available during the Christmas holidays. If suitable Homestay Accommodation can be sourced, it is agreed that it may not be with the same, original and primary Host Family that the Student has stayed with up until this point. A surplus guardianship fee is also applied for the Christmas period.
  4. Shall organise any required airport transfers. These are priced at a minimum cost of €75 for a single trip and must be agreed between Godsil Education and the Parents in advance. This minimum cost may be higher depending on the distance of the Homestay Accommodation or University Boarding Accommodation from the airport and the availability of transport.
    1. Any airport transfers, scheduled or additional, required before 08:00 hours or after 21:00 hours will be subject to an additional charge of €100 per transfer.
    2. For the avoidance of doubt, the Fees do not include any additional costs that may arise in respect of travel costs during the Guardianship Programme including any cancelled flights (for any reason) and the Parents shall reimburse Godsil Education for all costs and time in arranging transport in connection with the Student.
    3. Godsil Education will meet Students on arrival in their airport of choice. All Students should meet with the Godsil Education representative or the Godsil Education Designated Driver in the Arrivals Hall of the airport within 90 minutes of landing. Should Students be delayed for any reason in meeting with the Godsil Education representative or the Godsil Education Designated Driver after the 90 minutes, a fee of €25 per hour will be charged.
  5. May be required to visit the Student from time to time outside of the scheduled visits, as set out under clauses 3.5 above, whether at the request of the Parent, University, the Student, the Host Family or at its own discretion. If such a visit is required by any party or determined necessary by Godsil Education, Godsil Education shall visit the Student at the University or Homestay Accommodation and shall charge the Parents €45 per hour including travel time plus travel expenses at €0.46 per kilometre. Godsil Education shall, if possible, inform the Parent of any additional visit in advance. The Parents agree that this may not always be possible and agree to meet the costs of any such a visit and subsequent report.
  6. Will undertake, from time to time, any additional administration requested by the Parent or the Student, not outlined in the Guardianship Programme, at the cost of €45 per hour. Godsil Education will advise the Parent and gain authorisation for this charge prior to commencing work.
  7. Will provide the Parent and the Student with information prior to the commencement of the Guardianship Programme giving details and contact information of the chosen Host Family, if required, and emergency contact details for Godsil Education.
  8. Will obtain, at its own discretion, consents from the Parents for all medical treatment including any serious or emergency medical treatment. All parties understand that such consent may not always be possible, whether because of language difficulties, shortage of time or otherwise, and Godsil Education shall be under no obligation to obtain any such consents from the Parents and it is agreed that Godsil Education is required to act in the best interests of the Student.
  9. Will provide a 24/7 emergency helpline for the Student, Parent and University. Any costs incurred in the case of any emergency, including, but not limited to airfares, emergency accommodation, overnight supervision, additional transport costs, medical supplies and any other requirements will be reimbursed by the Parent. In addition, Godsil education will charge a fee of €45 per hour including travel time plus travel expenses of €0.46 per kilometre to manage any such emergencies.

5. The Parents and the Student’s Obligations

The Parents in entering into this Agreement:

  1. Confirm that Godsil Education is authorised to act as educational guardian to, and for the Student, for the duration of the Guardianship Programme, subject to clause 5.3 below, and such authority includes, but is not but limited to, liaising and providing instructions in connection with the Student to the University, to the Host Family, to medical professionals and to any other relevant and appropriate parties.
  2. Fully and unconditionally delegate their parental duties and obligations to Godsil Education during the course of the Guardianship Programme provided that Godsil Education is unconditionally released from all such duties and obligations as set out in this agreement and ordinarily performed by the Parents during any periods when the Student is under the direct control of the Parents or is absent from the University or the Host Family for purposes not sanctioned by Godsil Education or by University , in particular, but not limited to, purposes arranged by the Parents directly.
  3. Provide any additional authority, in writing or otherwise, as requested by Godsil Education from time to time during the Guardianship Programme. Such authority may be required by the University, the Host Family or other party in connection with Student.
  4. Provide Godsil Education with such Personal Information and other relevant information as Godsil Education, the University, the Host Family, medical professionals and other relevant and appropriate parties may reasonably request or require in connection with the Student. The Parents will ensure that the Student’s Personal Information is updated in the event of any changes including, but not limited to Parents contact information, secondary contact information, details of health issues, and all other relevant background information about the Student. The Parents permit Godsil Education to store records of the Student’s Personal Information and only to disclose such information to third parties as may be required solely and properly in execution of their duties to ensure that the Guardianship Programme can be effectively delivered or as required by law.
  5. Authorise Godsil Education to delegate such parental powers and duties to the Host Family in such a manner and to such an extent, as Godsil Education believes it to be fit and/or necessary.
  6. Provide and keep the medical release authorisation, which forms part of the Application Form, up to date and accurate. The Parents further confirm that the Student has no allergies, special medical conditions, which would affect the Student’s medical treatment, other than any disclosed in the medical release authorisation or separately disclosed in writing by the Parents to Godsil Education.
  7. Agree to pay and remain liable for all Fees in respect of the Guardianship Programme as set out in clause 2 above. The Parents also agree to pay all cancellation fees in respect of cancellation of the Guardianship Programme including cost of Homestay Accommodation in accordance with section 6 below.
  8. Shall not act in such a way as to prevent Godsil Education from carrying out its obligations under this Agreement in a proper and reasonable manner.
  9. Shall arrange for the Student’s passport to be valid throughout the period of the Guardianship Programme.
  10. Shall organise the Student’s visas, flights, and other travel arrangements to and from Ireland as necessary.
  11. Shall arrange appropriate insurances for the Student, including but not limited to, medical insurance and travel insurance for the entire period of the Guardianship Programme and Service Agreement and whilst the Student is in Ireland.
  12. Shall ensure the Student brings with him/her a debit card/ATM (automated teller machine) card, so that the Student can perform cash withdrawals. Under no circumstances, can Godsil Education administer cash to Students.
  13. Shall ensure that the Student complies with all rules, regulations, terms and conditions of the University, Godsil Education and all other reasonable requirements of the University , Godsil Education and the Host Family.
  14. Consent to the Student travelling whilst in Ireland by any form of public transport and/or in a motor vehicle driven by a responsible adult who is duly licensed and insured to drive a vehicle of that type.
  15. Agree that, should there be specific activities they do not wish the Student to participate in, these requests be made known in writing to Godsil Education in advance.
  16. Will fully and promptly disclose information to Godsil Education and keep such information updated at all times, both during and prior to the Student commencing the Guardianship Programme, in relation to:
    1. Any existing educational, clinical, medical diagnosis or other concerns pertaining to the Student.
    2. Any past or current assistance being sought from any educational, clinical, medical professional or other in the investigation of an educational, clinical, medical diagnosis or other concern.
    3. The Student’s learning support needs or factors affecting these needs, as set out in the Application Form, to ensure the University and the Student are fully supported by Godsil Education.
    4. Any other information considered relevant to the Student’s wellbeing and participation in the Guardianship Programme.

6. Cancellation of Guardianship Programme or Homestay Accommodation

  1. Guardianship
    1. Parents may terminate the Guardianship Programme by giving at least 30 clear days notice in writing to Godsil Education. This means, therefore, that any such notice, whether given during Term Time or during the University’s holiday period, must expire at the end of the 30-day period. If 30 days notice is not given, the Parents will remain liable to Godsil Education’s unpaid fees under clause 2 together with any additional costs already paid by Godsil Education or liable to be paid by Godsil Education on behalf of the Student to the University or the Host Family or any other party. Approved refunds will be sent within 30 days notice of cancellation. Sending bank charges will be deducted from the balance being refunded.
  2. Homestay Accommodation
    1. In the event that the Parents need to cancel or alter previously booked Homestay Accommodation for a Student, at least 30 days’ written notice to Godsil Education must be given. Failure to comply with this will render the Parents liable to pay:
    2. 50% of the Homestay Accommodation fees for the existing University term if the accommodation is cancelled more than 7 days and up to 29 days before the accommodation is due to start; and
    3. 100% of the Homestay Accommodation fees for the existing University term if the accommodation is cancelled less than 7 days before the accommodation is due to start.
  3. Any legitimate request on the part of a Student to change his or her Homestay Family on the basis of reasonable cause will be considered by the Provider. No cancellation fees will apply. The Provider will not effect a change until due consultation with the Homestay Family has been completed. The Student may be required to remain in the Homestay Family for a period of time to allow for a new arrangement to the organised. In addition, a period of time may be proposed to see if a resolution to the concerns might be achieved.
  4. In the event of the Student being expelled from the University in accordance with University’s rules and regulations, Godsil Education shall immediately be released from all its obligations to the Parent and to the Student under this Agreement and under the Guardianship Programme and Service Agreement. In such an event the Parents shall remain liable for the unpaid Fees until the end of the Guardianship Programme and shall not be entitled to any refund of Fees. Any new arrangement for the Student following expulsion from University is subject to a separate agreement between the Parents and Godsil Education.
  5. In the event of the Student being guilty of persistent unreasonable behaviour or a single behaviour of a seriously unreasonable nature, under circumstances where Godsil Education is no longer prepared to accept responsibility for the Student, Godsil Education may terminate this agreement forthwith by notice in writing to the Parents. In such an event Godsil Education shall immediately be released from all its obligations from the Parents and the Student under this Agreement and the Parents shall remain liable for the unpaid Fees until the end of the Guardianship Programme and shall not be entitled to any refund of Fees.

7. Change of Host Family, where applicable

Godsil Education shall seek to accommodate any reasonable requests from the Host Family, Parents and/or the Student in connection with any change of Host Family for the Student. Godsil Education will not transfer the Student to another Host Family, except the in case of emergency, without the prior written consent of the Parents.

8. Liability and Insurance

  1. Godsil Education will not be held liable for any accidental damage caused by the Student to equipment, structures or property of the University or Homestay Accommodation. It is a condition of participation in the Guardianship Programme that Parents understand that the responsibility for such accidental damage rests solely with the Student and the Parents. Godsil Education advises that Parents provide for such insurance as may be necessary to cover such eventualities. By signing this Agreement, Parents indemnify Godsil Education against any loss, damage or injury as may be caused by the Student to the University, its staff, or Home Stay Family, or any duly contracted parties.
  2. Godsil Education will not be held responsible or liable for any damage as may be caused by a third party to the Student, to his or her belongings, property or items in his or her possession or any loss thereof. Godsil Education advises that Parents provide for such insurance as may be necessary to cover such eventualities. By signing this Agreement, Parents indemnify Godsil Education against any loss, damage or injury as may be caused by a third party to the Student, to his or her belongings, property or items in his or her possession or any loss thereof.
  3. The Parents shall fully and effectively indemnify Godsil Education against all costs, claims and other losses, which may arise as a result of its reasonable exercise of any discretion or other authority given to Godsil Education under this Agreement. The Parents shall also fully and effectively indemnify Godsil Education against all costs, claims and other losses, which may arise in connection with medical or other needs and/or obligations of the Student.

9. Exclusion of Godsil Education’s liability

  1. As the University is selected by the Parent, Godsil Education cannot accept any responsibility to the Parents or the Student for any acts or omissions of the University relating to the Student.
  2. Whilst Godsil Education will take all proper care in selecting the Host Family, where applicable, Godsil Education cannot accept responsibility for the acts or omissions of the Host Family in relation to the Student.
  3. Godsil Education will provide educational advice in the best interests of the Student and in line with educational best practice, and will not accept responsibility for the Student’s academic performance or grades as a result of any advices given.
  4. Whilst Godsil Education will be pleased to assist the Student and the Parents in obtaining any visas and any other entry or re-entry documents which may be required for the Student, or in complying with any statutory entry or re-entry requirements, Godsil Education cannot accept any responsibility for such matters and all legal responsibility shall rest with the Student and the Parents.
  5. Godsil Education cannot accept any responsibility generally for acts carried out in exercising its powers and duties under this Agreement or any omissions relating thereto, except insofar as such acts or omissions are in contravention of this Agreement.
  6. For the avoidance of doubt, Godsil Education cannot accept any responsibility to the University or the Host Family for any acts or omissions of the part of the Student and it is recommended therefore that each Student carry his own third party insurance.

10. Child Protection

  1. Godsil Education is committed to the protection of all children in its care and adheres in all respects to all national statutory requirements including but not limited to the requirements under National Vetting Bureau, Children and Vulnerable Persons Act, 2012, and the guidelines outlined in the document, Children First 2011, as laid down by Tusla, the dedicated state Child and Family Agency in Ireland.
  2. Godsil Education has a Designated Liaison Person (DLP) and a Deputy DLP, who act as a liaison with outside agencies and who have a statutory responsibility to report all child welfare and child protection issues.
    1. The Designated Liaison Person is Emma Godsil
    2. The Deputy Designated Liaison Person is Arthur Godsil
  3. In accordance with this legislation, Godsil Education will investigate, record and refer, where appropriate, any child protection concerns raised by the University, staff within the University, the Host Family, other students or the Student or any third party including any medical professional.
  4. Godsil Education promotes an environment of trust, openness and clear communication between the Student, University and our Host Families, so that the Student’s welfare, safety and pastoral care is recognised as the principal priority.

11. Photograph and identifications

Godsil Education takes photographs of Students for our own identification purposes, for inclusion in written reports, to assist our drivers with identification at the airports and other relevant documentation as required by state authorities. Godsil Education will manage its data in compliance with Irish law dealing with data protection as defined in the Data Protection Act 1988 and the Data Protection Act (Amended) 2003.

12. General

  1. In the event of any provisions of this Agreement being held to be void or unenforceable such provision shall be deemed to be severable so that the remaining parts of this Agreement shall remain in full force and effect to the exclusion of the void or unenforceable provision.
  2. This agreement is drafted in the English language and the English language version of this Agreement shall prevail if there is a conflict with any translation of this Agreement.
  3. If the Parent or Student has a complaint or concern about the service received from Godsil Education or Host Family or Homestay Accommodation, Godsil Education can be contacted by:
    1. Telephone: +353-1-9022756
    2. Email: emma@godsil.ie
    3. Post: Godsil Education, 11 Hawthorn House, Farmleigh Woods, Castleknock, Dublin 15, Ireland.

    All complaints will be dealt with in strictest confidence and will be fully investigated.

13. Irish Law

This Agreement and any agreement relating to the Guardianship Programme shall be subject to Irish Law and the Parents undertake to submit to the jurisdiction of Irish Courts in respect of any matters arising thereof. The Parents acknowledge that Irish Law may be different from the law of their own country and are advised to take independent legal advice before entering into this Agreement.

Godsil Education University Guardianship Terms, Conditions and Agreement

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