Terms & Conditions

1. PAYMENT OF DEFERRED FEES AND OTHER EXPENSES

The Parents jointly and severally agree to pay all Deferred Fees for the Student(s) for the School Years to JBridge (solely in its capacity as collecting agent for and on behalf of the School) and in full without set-off or counterclaim. Please refer to Schedule 1 which sets out the current details of these required payments. The Parents each acknowledge and agree that the details of the required payments (including the various payment amounts and the Due Dates for payment of Deferred Fees) may be varied in the absolute discretion of JBridge from time to time as set out in paragraphs 2. and 4. below.

In addition to payment of the Deferred Fees outlined above, the Parents jointly and severally agree that they must pay to JBridge (in its personal capacity) the amount incurred by or on behalf of either JBridge or the School in respect of any credit card transaction or other payment processing fees and expenses in connection with processing the payment of any Deferred Fees (or any other payments to be made under this Agreement) up to a maximum limit of 1.0% of each such payment. The amount to be paid under this paragraph must be paid at the same time as (and concurrently with) payment of any Deferred Fees (or any other payments to be made under this Agreement).

The Parents jointly and severally acknowledge and agree that:
(a) all amounts paid by them under this Agreement to JBridge are paid to JBridge solely in its capacity only as collecting agent on behalf of the School, except for credit card/ payment processing fees and expenses made under the paragraph above which are paid to JBridge in its personal capacity; and
(b) notwithstanding any other term of this Agreement, the payment of the Deferred Fees (and all other amounts under this Agreement) is and remains a debt obligation outstanding by the Parents directly to the School (and not to JBridge, unless otherwise expressly set out) until fully repaid (and such debt obligations will survive the termination or expiry of this Agreement).

2. ANNUAL REVIEW OF THE SCHEDULE OF PAYMENTS

2.1 The Parents jointly and severally acknowledge and agree that:
(a) JBridge will review the required Deferred Fee payment amounts and due dates set out in the Schedule of Payments on an annual basis prior to the beginning of each new School Year in light of the JBridge Program’s eligibility and approval requirements at that time and JBridge may in its absolute discretion make such amendments to these as it sees fit for any future School Year; and
(b) as a result of this annual review, JBridge may (subject to paragraph 2.2) in its absolute discretion unilaterally increase or decrease the existing required payment amounts and due dates for payments set out in the Schedule of Payments without the agreement of any Parent.
2.2 Without derogating from JBridge’s right to unilaterally and conclusively determine the required Deferred Fee payment amount and dates for any School Year in its absolute discretion, to the extent in respect of the next successive School Year it proposes any increase to the existing required payment amounts greater than 20%, or any reduction to the existing required payment amounts less than 20%, provided no Default Event has occurred, the Parents will be eligible to request JBridge review this if the Parents have had a material change to their financial circumstances.
2.3 Any decision by JBridge to amend the required payment amounts for any future School Year set out in the Schedule of Payments(whether further to a review request under clause 2.2 or otherwise) will be made in JBridge’s absolute discretion and will be final and binding on the Parents.
2.4 Each Parent agrees to do or cause to be done all things that JBridge requests from time to time in connection with each annual review under this paragraph 2. Without limitation, each Parent must promptly provide to JBridge all documents and information requested by JBridge in connection with each annual review under this paragraph 2.

3. PARTICIPATION IN OTHER SCHOOL YEARS

3.1 If the Parents wish to participate in the JBridge Program for any School Year other than the Initial School Year, the Parents must re-apply for participation in the JBridge Program in accordance with the application process of the JBridge Program at the relevant time. Acceptance into the JBridge Program in a previous School Year (including the Initial School Year) does not guarantee a Parent acceptance into the JBridge Program for any future School Year, whether on the same or different terms and conditions.
3.2 If the Parents are deemed eligible and accepted by the School and JBridge (in their absolute discretion) to participate in the JBridge Program for a School Year other than the Initial School Year, the Parents must as a condition to participate in the JBridge Program in respect of that new School Year sign a New Agreement in the form set out in Annexure 1 on or before 30 November of the calendar year preceding that relevant new School Year.
3.3 By signing the New Agreement, the Parents jointly and severally agree to pay all Deferred Fees for the Student(s) for the School Years to JBridge (solely in its capacity as collecting agent for and on behalf of the School) in accordance with the terms of this Agreement (and to otherwise comply with all other terms and conditions of this Agreement).

4. DEFAULT EVENTS

4.1 If any Deferred Fee is not paid in full on or before its Due Date, all other Deferred Fees which have not then been paid (regardless of whether their Due Date has passed or their due dates for payment are at any time in the future) will, upon notice from JBridge and otherwise in accordance with the JBridge Program’s debt recovery procedures (if any), immediately and automatically become due and payable to JBridge (in its capacity as collecting agent for and on behalf of the School).
4.2 Despite any other term of this Agreement, JBridge may in its absolute discretion require that all Deferred Fees which have not then been paid (regardless of whether their Due Date has passed or their due dates for payment are at any time in the future) will, upon notice from JBridge, immediately and automatically become due and payable to JBridge (in its capacity as collecting agent for and on behalf of the School) if any of the following occur:
(a) a Student ceases to be a student of the School or is withdrawn from the School, unless JBridge determines otherwise (acting reasonably after considering the reason the Student ceased to be a student or withdrew from the School in light of the purpose and aim of the JBridge Program);
(b) JBridge, following consultation with the Parents, determines (and notifies either Parent) that the financial circumstances of the Parents have materially improved and, as a result, the Parents are able to repay all or part of the Deferred Fees outstanding at that date;
(c) JBridge determines (and notifies either Parent) that any information or document provided by or on behalf of either Parent to JBridge or the School at any time in applying for participation in the JBridge Program or any deferred payment of school fees or otherwise during the term of this Agreement or in connection with the JBridge Program, was incorrect, inaccurate, misleading (whether by omission or otherwise) or falsified; or
(d) a Default Event occurs.
4.3 If a Parent fails to pay any amount due and payable under this Agreement by the Due Date for payment, the Parents must (unless JBridge or the School otherwise agrees) pay to JBridge (in its capacity as collecting agent for and on behalf of the School) or the School (as applicable) interest on all amounts so unpaid and outstanding at the rate of 5% per annum. This interest is payable on demand, accrues daily (based on the calculation of the actual number of days on which interest has accrued and a 365 day year) from and including the due date for payment up to but excluding the actual date of payment and may be capitalised by JBridge on behalf of the School or the School (as applicable) at daily intervals to the extent it has not been paid.
4.4 Any costs and expenses incurred by or on behalf of the School and/or JBridge (including legal costs or expenses (on a solicitor and own client basis)) which arise out of or in connection with the School and/or JBridge (in its capacity as collecting agent for and on behalf of the School) attempting to recover any outstanding debt owing by the Parents to the School under this Agreement (“Recovery Costs”) will also form part of the debt owing by the Parents to the School under this Agreement. The Recovery Costs are payable by the Parents to JBridge (solely in its capacity as collecting agent for and on behalf of the School) or the School (as applicable) immediately following written demand made by the School and/or JBridge.
4.5 Without limiting the rights of the School and JBridge under this paragraph 4, JBridge may in its absolute discretion unilaterally amend the Schedule of Payments (including by increasing the existing required payment amounts or change the due dates for payment) without the agreement of any Parent:
(a) if any Deferred Fee is not paid in full by its Due Date;
(b) upon the occurrence of any of the events listed in paragraph 4.2 above; or
(c) upon the occurrence of the event listed in paragraph 6.1 below,
and any decision by JBridge to amend the Schedule of Payments (including by increasing the existing required payment amounts or change the due dates for payment) will be final and binding on the Parents.

5. RIGHTS OF THE SCHOOL AND ENFORCEMENT OF PAYMENT

5.1 The School is entitled to, and may in its discretion, enforce each of the rights, powers and discretions set out in paragraph 4 granted in favour of JBridge. Without limitation, in addition to any other remedies available and notwithstanding any other term of this Agreement, if any of the events set out in paragraphs 4.1 or 4.2 occur, the School will be entitled to recover the total amount of all unpaid Deferred Fees (regardless of whether their Due Dates have passed or their due dates for payment are at any time in the future) from either or both Parents (at the School’s option) in accordance with the School’s debt recovery procedures.
5.2 The Parents acknowledge and agree that nothing in this Agreement will limit or otherwise prejudice the right of the School to institute proceedings to enforce payment due under this Agreement in respect of the Deferred Fees or any other amounts owing by the Parents to the School and/or JBridge in connection with the Student or to seek urgent or declaratory relief in respect of a dispute or any matter arising under this Agreement.

6. ADMINISTRATION AND CONFIDENTIALITY

6.1 Each Parent must notify JBridge within 10 days if any information or document provided by or on behalf of either Parent to JBridge or the School at any time in applying for participation in the JBridge Program or otherwise during the term of this Agreement or in connection with the JBridge Program ceases to be materially up-to-date or correct. This includes notifying JBridge of any material change to the employment status of any Parent or the income or assets of any Parent from time to time.
6.2 Each Parent agrees to do or cause to be done all things that JBridge or the School requests from it from time to time (including, but not limited to, the execution or provision of documents or provision of any necessary consents):
(a) to determine the Parents’ financial position and eligibility to continue to participate in the JBridge Program;
(b) to enable JBridge and/or the School to exercise their rights under this Agreement; and/or
(c) as otherwise required by JBridge in connection with the JBridge Program (including, without limitation, by authorising a third party provider to collect any outstanding debts and give a direct debit authority for automatic payment of Deferred Fees due).
6.3 JBridge is solely responsible for operating the JBridge Program. All correspondences regarding the JBridge Program (including in relation to Deferred Fees) must be directed to JBridge at www.jbridge.org.au. Each Parent acknowledges that the School may disclose their personal information (including financial information) to JBridge, and that JBridge may engage, and disclose their personal information (including financial information) as necessary to its advisers, agents and to subcontractors appointed by JBridge to assist with various administrative functions in connection with the JBridge Program.
6.4 The Parents each agree that they must keep all details relating to this Agreement confidential and must not disclose the form, term, conditions, amounts or other details relating to this Agreement to any person except:
(a) with the prior written consent of the School and JBridge;
(b) to the extent required by law; or
(c) to the extent such information is in the public domain,
and the obligations of the Parents under this paragraph 6.4 will survive termination of this Agreement.

NOTE: The above is an extract of the Participation Agreement only. Reference should be had to the terms of the complete Participation Agreement as required.