Homestay Host Agreement

AHN HOST AGREEMENT

 Note: This policy is subject to change at any time. Please check all AHN Policies on a regular basis for updates.

Welcome to the Australian Homestay Network. We are Australian Homestay Network Pty Ltd (ACN 124 610 313) (AHN). We operate the Network, connect Hosts with Guests, and provide Hosts, Guests, and other parties to international student homestay arrangements with world-class administrative and support services.

You have made a great choice to apply to host an international student on a short-term homestay arrangement (Homestay), an experience we know to be uniquely rewarding and enriching for every member of the Homestay family.  

This Host Agreement governs your relationship with AHN in relation to every Homestay and any supply of Services to Hosts by AHN. By applying to be a Host, you agree to be bound by the terms and conditions of this Host Agreement. It is your responsibility to ensure that any person who may be a Host in connection with your Home receives adequate and timely notice of the terms and conditions of this Host Agreement and their obligations under it.

In this Host Agreement, when we say:

Eligibility Criteria we mean the Host eligibility criteria described at clause 1.1;

Fees we mean the fees payable to AHN for the Services as notified by AHN in writing from time to time, and any other costs or charges as agreed or required by law, including GST;

Guest we mean any international student placed with you in a Homestay by AHN;

Home we mean the residential address and premises identified on your application form or otherwise as notified to AHN from time to time in which a Homestay is or may be conducted;

Host we mean you and any other applicant named on your application form and registered by AHN as a Host, as well as any other person over the age of 18 years residing in your Home during a Homestay (excluding Guests);

Policies we mean the Website T&Cs, the Homestay Policy, the Refund Policy, and any other policy notified to you by AHN from time to time, all of which form part of this Host Agreement (but the terms herein will take precedence to the extent of any inconsistency); and

Services we mean the services identified in clause 2.1 and provided to Hosts by AHN in accordance with this Host Agreement.

 

1       Eligibility & Registration

1.1    All Hosts must:

(a)     be a legally competent person over 18 years of age (not subject to Guardianship or Administration);

(b)     be a Citizen or Permanent Resident of Australia;

(c)     have no criminal record and otherwise be a fit and proper person of good reputation;

(d)     not be bankrupt; and

(e)     be covered under a satisfactory insurance policy in accordance with clause 6.

(f)      Adhere to any and all policies and procedures as outlined in the Homestay Agreement  

1.2    You must notify AHN immediately if you or any other Host ceases to satisfy the Eligibility Criteria. If at any time you or any other applicant or Host fail or cease to satisfy the Eligibility Criteria, AHN reserves the right to reject your application, cancel your registration as Hosts, and immediately suspend or terminate this Host Agreement and any Homestay.

1.3    Applicants will be accepted and registered as Hosts by AHN subject to fulfilment of the Eligibility Criteria, and otherwise at AHN’s sole discretion. AHN may cancel a person’s registration as a Host if they are in breach of this Host Agreement, or at the request of that person

 

2       Services

2.1    In exchange for and subject to payment of the Fees, AHN provides Hosts with the following services:

(a)     Guest selection, recommendation and placement;

(b)     guest payment processing and administration;

(c)     insurance administration and claims assistance;

(d)     support, advice, and complaints services; and

(e)     the Homestay Management System offered via the website at www.homestaynetwork.org/.

2.2    AHN may from time to time offer the Host the opportunity to host a Guest in a Homestay. However, all Homestays are arranged on a case-by-case basis and may be subject to acceptance and approval by the Guest or Education Provider. AHN does not warrant or guarantee that Hosts will be provided with the opportunity to participate in a Homestay, or Homestays of any minimum number, frequency, or duration.

2.3    In arranging a Homestay, AHN will consider the following factors:

(a)     the Home must be owned by a Host, or leased by a Host (provided that the Host has given AHN written proof of lease covering the period of the Homestay and consent from the landlord to the Homestay);

(b)     the host must be a permanent resident of the home

(c)     the Home must be in good condition and well maintained;

(d)     the Home must be of a sufficient size, with a spare room for the Guest (which must have a door);

(e)     the Home must be close to public transport and/or the educational institution in which the Guest is enrolled; and

(f)      any other factor that AHN considers relevant.   

 

3       Warranties

3.1    AHN warrants to Hosts that it will provide the Services with all due care and skill, in compliance with applicable laws.

3.2    Every Host continuously warrants to AHN that they:

(a)     satisfy the Eligibility Criteria;

(b)     will use the Services and conduct themselves during a Homestay in a reasonable, respectful, and responsible manner;

(c)     will comply with the Policies and applicable law at all times; and

(d)     will not, in connection with a Homestay or the Services, do or omit to do anything in a manner that is fraudulent, misleading and/or deceptive, negligent, illegal, immoral, offensive, or reasonably likely to harm or infringe the rights of any person. 

 

4       Fees & Payment

4.1    The Fees must be paid to AHN. Hosts must not collect any fees or payments directly from Guests or any other party in respect of the Homestay.

4.2    AHN receives payment from the Guest for the Homestay (Guest Payment) on behalf of the Host, and will deduct the Fees from any Guest Payment before remitting the remainder amount to the Host’s nominated bank account via electronic funds transfer within a reasonable time (Host Payment).

4.3    Hosts will be paid the Host Payment for the first 14 days of the Homestay on the first scheduled payment day after the commencement of the Homestay. Provided that the Guest has made the Guest Payment, AHN will generally transfer the Host Payment to Hosts on a fortnightly basis thereafter,

4.4    Where a Guest fails to pay the Guest Payment AHN will not be liable for any unpaid Guest Payment or Host Payment.

4.5    If a Host terminates a Homestay at any time, the Host remains liable for payment in full of the Fees and for any refund or penalty payable by AHN to the Guest or any third party in accordance with AHN’s Refund Policy, though AHN may waive this obligation at its sole discretion.

 

5       Confidentiality & Privacy

5.1    Hosts and AHN agree to keep confidential the terms of this Host Agreement and any information or material received in connection with this Host Agreement or a Homestay and marked, or reasonably presumed to be, confidential (Confidential Information).

5.2    Both Hosts and AHN agree that they will not disclose any Confidential Information to any third party unless or until it:

(a)     is or becomes publicly known through no wrongful act of the receiving party;

(b)     is received from a third party (other than from or on behalf of a Guest, Host or AHN) without restriction and without breach of any confidentiality obligation to the other party;

(c)     is independently developed by the receiving party; or

(d)     is required by law to be disclosed (provided that the other party is given advance notice of, and an opportunity to, contest any such requirement).

5.3              AHN will always handle your personal information and the personal information of Guests in accordance with its Privacy Policy, accessible at https://au.homestaynetwork.org/policies/privacy

5.4    Any personal information of a Guest received by you in connection with a Homestay is Confidential Information for the purposes of clause 5.2. Without limiting clause 5.2, you warrant and agree that you will:

(a)     keep Guests’ personal information private and confidential;

(b)     only use Guests’ personal information for the purpose to which it was provided to you or otherwise with the consent of the Guest; and

(c)     will not disclose Guests’ personal information to any person except with the Guests’ consent. 

 

6       Insurance

6.1    “Satisfactory insurance” for the purposes of the Eligibility Criteria means an insurance policy recommended and approved by AHN, or an insurance policy of equivalent coverage as assessed by AHN or AHN’s approved insurance broker.

6.2    Claims made through the AHN insurance cover will incur an excess of $100 which will be deducted from the payout.

 

7       Liability

7.1    All Hosts in your Home are jointly and severally liable for a breach of this Host Agreement by any of them.

7.2    To the maximum extent permitted by law, AHN excludes all warranties not expressly provided in this Host Agreement and all liability for any loss (including consequential or indirect loss), cost, damage, or claim, however and whenever arising (including due to the act or omission of a Guest or Host), suffered by any person in connection with the Services, a Homestay, or this Host Agreement.

7.3    Nothing in this Host Agreement is intended to exclude any consumer guarantee under the Australian Consumer Law, or term otherwise implied by law, which cannot be excluded. Hosts agree that, to the maximum extent permitted by law, any liability of AHN in connection with such a guarantee or implied term and in respect of any particular supply of Services is limited (at AHN’s election) to either resupplying those Services or paying the cost of having those Services resupplied.

7.4    Subject to clauses 7.1 and 7.2, to the extent that AHN otherwise has any liability for any loss, cost, damage, or claim arising in connection with the Services, a Homestay, or this Host Agreement (including for negligence), AHN’s liability is limited in aggregate to Fees paid or payable in the 12 months immediately preceding the date on which the cause of action accrued.

7.5    Hosts continually indemnify AHN from and against any loss, cost, damage, or claim (including third party claims) suffered or incurred by AHN in connection with a Host’s breach of this Host Agreement, except to the extent that any such loss, cost, damage, or claim is caused by a negligent act or omission of AHN.

 

8       Termination

8.1    A Host may terminate a Homestay (before or after commencement) immediately on notice to AHN if the Guest has committed a theft, damaged property, caused an injury, or engaged in violent or threatening behaviour (or any other behaviour which makes any person in the Home feel unsafe) in connection with the Homestay. In such circumstances, AHN will (or will assist the Host to) take all reasonable steps to remove the Guest from the Home, if required.

8.2    A Host may otherwise terminate a Homestay at any time after the first 4 weeks of the Homestay on 2 weeks’ written notice to AHN.

8.3    AHN may terminate a Homestay (before or after commencement) immediately on notice to a Host if: a Host fails to satisfy the Eligibility Criteria; the Home ceases to meet the requirements identified by AHN under clause 2.3; or AHN otherwise determines in its sole discretion that it is appropriate to terminate the Homestay immediately in response to a request from a Guest or related party.

8.4    Hosts acknowledge and agree that Guests may, after the first 2 weeks of the Homestay, request to terminate a Homestay without having to show cause or reason on 2 weeks’ written notice. AHN will inform the Host within a reasonable time of receiving any such request from or on behalf of a Guest, and the Homestay will be terminated effective from the expiration of the notice period.

8.5    A Host may otherwise notify AHN of any complaint regarding a Guest or Homestay at any time, and AHN will use commercially reasonable endeavours to resolve, or assist the Host to resolve, the complaint.

 

9       General

9.1    No employment: Nothing in this Host Agreement creates a relationship of joint venture, agency, partnership or employment between any of the parties.

9.2    Assignment: Hosts cannot assign, transfer, or dispose of their rights or obligations under this Host Agreement without the prior written consent of AHN. 

9.3    Variation: AHN may vary or update this Host Agreement at any time, but we will take reasonable steps to notify you of any changes.

9.4    Notices: Any notice or demand to be given or made under this Host Agreement must be in writing and delivered to that party’s nominated address by post, fax, or email (as applicable). Notice is effective on receipt by the addressee.

9.5    Governing law: This Host Agreement is governed by the laws of Queensland and the parties irrevocably submit to the jurisdiction of the Courts there.   

9.6    Entire agreement: This Host Agreement contains the entire agreement between the parties, and supersedes and replaces any prior representations, negotiations, or agreements in respect of its subject matter.

9.7    Waiver:  Any waiver of a right or remedy under this Host Agreement will only be valid if the waiver is given in writing and signed by the party giving the waiver.

9.8    Severance:  If any provision of this Host Agreement is unenforceable, then that provision (or relevant part) may be severed without affecting the enforceability of any other provision.