X hits on this document

Word document

Connections UK Guardianships Ltd - page 10 / 13

31 views

0 shares

0 downloads

0 comments

10 / 13

incurred as shall be determined by Connections, if circumstances arise out of a situation whereby Connections at its sole discretion considers that it can no longer continue to act for the client and or to fund any unforeseen expenses incurred by the student such as damages, transport and other incidental expenses including but not limited to emergency homestays and or airfares to return the student to their country of origin.

8 Duration

Either party may at any time terminate this agreement by serving one academic term's notice in advance in writing or by email on the other party.

9 VAT

9.1 All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes.

9.2 Any VAT or other duties or taxes payable in respect of such sums may be payable in addition to such sums. 

10 No liability on part of Connections unless Connections contractor in default

Connections shall not be liable to the client for the death of or injury to the student or loss or damage to the students property under such death injury loss or damage is due to the negligence or other failure of Connections to perform its obligations under this agreement or under the general law.

11 Termination for breach

The following obligations are conditions of this agreement and any breach of them shall be deemed a fundamental breach which shall determine this agreement immediately and the right and liabilities of the parties shall then be determined in accordance with clause 12.

11.1 Failure on the part the client to make punctual payment of all sums due Connections under the terms of this agreement.

11.2 The levying of any distress or execution against the client or the making by him of any composition or arrangement with creditors or an order for bankruptcy is made against him.

11A Termination by Connections

Not withstanding any provisions to the contrary Connections shall have the right to terminate this agreement at any time without notice, at its sole discretion, if it considers that it can no longer continue to act for the client for any reason whatsoever. Such termination shall determine the agreement forthwith and the provisions of clause 12 shall apply accordingly.

12 Termination consequences

In the event of this agreement being determined whether by effluxion of time notice breach or otherwise

12.1 The client shall immediately pay to Connections:

12.1.1 all arrears of payments and any other sums due under the terms of this agreement, and

12.1.2 all further sums which would but for the determination of this agreement have fallen due at the end of the term

12.1.3 Inform their children's school of the termination of this agreement

12.2 Either party shall be entitled to exercise any one or more of the rights and remedies given to it under the terms of this agreement and the determination of this agreement shall not affect or prejudice such rights and remedies and each party shall be and remain liable to perform all outstanding liabilities under this agreement notwithstanding that the other may have exercised one or more of the right and remedies against it.

13 Miscellaneous

13.1  Interest

All sums due from the client which are not paid on the due date (without prejudice to the rights of Connections under this agreement) shall bear interest from day to day at the annual rate of 4% over the base lending rate in the UK of HSBC Bank plc.

13.2 Force Majeure

Both parties shall be released from their respective obligations in the event of national emergency war prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of this agreement Impossible whereupon all money due under this agreement shall be paid immediately and in particular the client shall immediately pay Connections all arrears of payments.

13.3 Severance

If any provision of this agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications to that effect are received by either of the parties from any competent authority the parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or at the discretion of Connections it may be severed from this agreement (or) the remaining provisions of this agreement shall remain in full force and effect unless Connections in Connections discretion decides that the effect of such declaration is to defeat the original intention of the parties in which event Connections shall be entitled to terminate this agreement by 30 days' notice to the client and the provisions of cause 12 shall apply accordingly.

13.4 Whole agreement 

Each party acknowledges that this agreement and the conditions contain the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees or agent and has made its own independent investigations into all matters relevant to it.

13.5 Supersedes prior agreement

This agreement supersedes any prior agreement between the parties whether written or oral and any such prior agreement are cancelled as at the commencement date but without prejudice to any rights which have already accrued to either of the parties.

13.6 Discretion

Any decision exercise of discretion judgment or opinion or approval of any matter mentioned in this agreement or arising from it shall be binding on a party only if in writing and shall be at its sole discretion unless otherwise expressly provided in this agreement.

13.7 Change of address

Each of the parties shall give notice to the other of the change or acquisition of any address or telephone number at

Page 10 of 13

Document info
Document views31
Page views31
Page last viewedSun Dec 04 12:39:41 UTC 2016
Pages13
Paragraphs319
Words4774

Comments