Accommodation Agreement - Terms and Conditions
UNE COLLEGE ACCOMMODATION AGREEMENT
(LAST UPDATED: 11/11/2019 10:45 AM)
When you commence your residency in a UNE Residential College, you will be asked to acknowledge your agreement to a binding arrangement between you and the University of New England.
The Agreement is made between the University of New England (UNE) and the Occupant in accordance with the associated Terms and Conditions of the UNE College Accommodation Agreement.
The Agreement applies to all residential colleges owned and operated within UNE Residential Services on its Armidale campus.
UNE COLLEGE ACCOMMODATION AGREEMENT TERMS AND CONDITIONS
This Agreement is for the College Accommodation set out in the Details.
1. College Accommodation
1.2 This is not a Residential Tenancy Agreement for the purposes of the Residential Tenancies Act 2010 (NSW).
1.3 UNE reserves the right to move the Occupant at any time.
1.4 In accepting the offer of accommodation, the Occupant agrees to:
1.4.1 Complete and sign a Condition Report of the Room on the Commencement Date or as arranged with the College;
1.4.2 Pay all fees from the Commencement Date and on every agreed instalment date;
1.4.3 Not assign, rent, sub-let or otherwise transfer possession of the Room prior to the Termination Date;
1.4.4 Not use the Room for any illegal or harmful purpose and further agrees not to use the Room for commercial activities;
1.4.5 Not acquire an estate or any other interest in the Room, other than the right to use the Room, in accordance with this Agreement;
1.4.6 Return the Room to the condition in which the Room was first provided (except for fair wear and tear) on the Termination Date;
1.4.7 Notify the University immediately and no later than 24 hours, in writing, of any loss, damage, or defect to the Room, or other areas of the Residential College or any loss or damage to the keys/access cards issued to the Occupant.
And agrees that
1.4.8 The University will not be liable for any loss of, or damage to, the Occupant’s personal items, property or other goods or items the Occupant may bring into the Room or the Residential College;
1.4.9 The University may exercise a right of entry into the Room for inspection, repair, cleaning or other reasonable purposes, including welfare checks;
1.4.10 The Room is not suitable accommodation for children and families.
2 The Occupant’s Obligations
The Occupant agrees:
2.1 To use the Room as the Occupant’s residence;
2.2 To keep the Room in a clean and tidy condition and provide and clean their own linen unless a Sundry Charge Package has been agreed.
2.3 To seek the prior written consent of the University prior to the Occupant making any alterations, additions, or improvements to the Room, including seeking the University’s permission prior to removing any fixtures, fittings or other equipment;
2.4 To pay for or reimburse the University for any damages the Occupant causes or permits to occur to the Room or the Residential College;
2.5 To prevent the obstruction of any public areas of the Residential College;
2.6 Not to use any equipment or device that is reasonably likely to cause damage to the Room or the Residential College;
2.7 To comply with lawful notices and reasonable directions from the University;
2.8 To notify the University of any infectious illness or pest that may require the fumigation or disinfection of the Room or facility;
2.9 To promptly report to the University any damage to the Room or any other section of the Residential College;
2.10 To comply with the UNE Residential College Code of Conduct and College Handbook and other University Rules, Policies and Guidelines as updated from time to time.
3 The University’s Obligations
Provided that the Occupant does not breach the Terms and Conditions of the Agreement or the Rules or Policies to which the Agreement refers, the University grants the Occupant permission to:
3.1 Occupy the Room until such time that the Agreement is terminated;
3.2 Use the fixtures, fittings and furnishings in the Room; and
3.3 Access the services (if any) provided under the terms of the Agreement from the Commencement Date of this Agreement.
4 University’s Right to Enter, Inspect and Repair
Without limiting clause 1.4.9 above,
4.1 The University maintains the right to enter and inspect the Room and any part of the Residential College at all reasonable times on reasonable notice for the purposes of making repairs and/or for purposes which the University is bound to carry out under the requirements of any contract or statute.
4.2 Employees of the University, an Office Bearer or other Staff Member of the University may enter the Room without notice in exigent circumstances and/or emergencies.
4.3 The University will use its best efforts to minimise inconveniences to the Occupant associated with the University’s right to enter, inspect and repair the Room.
5.1 This Agreement is for the Term set out in the Details.
5.2 After the Termination Date the Occupant and the University may enter a new Agreement.
6 Occupancy Fees and Sundry Charges
6.1 The Occupant must pay the Occupancy Fees and Sundry Charges (and any other fees and charges payable under this Agreement, including the Administrative Fee) by way of either:
6.1.1 upfront payment; or
6.1.2 direct debit (under any Direct Debit Request Service Agreement or arrangement entered into between UNE and the Occupant(s)),
and in accordance with any Tax Invoice issued by the University.
6.2 If the Occupant does not pay the Occupancy Fees and Sundry Charges (and any other fees and charges payable under this Agreement, including the Administrative Fee) by the relevant due date the Occupant must pay the Administrative Fee.
7 College Handbook, Codes and Policies
7.1 The Occupant acknowledges having read and agrees that the following rules and policies as updated from time to time form part of this Agreement.
7.1.1 University of New England Residential College Code of Conduct;
7.1.2 Rules and Policies of the University of New England; and
7.1.3 The relevant College Handbook.
7.2 UNE is not required to apply any provisions contained in those rules and policies to the Occupant.
8 Academic Status and Progress
8.1 Where an Occupant is enrolled as a student at UNE, in order to be and remain an Occupant of the College, the Occupant must make adequate progress in their course by maintaining a Grade Point Average (GPA) greater than 3 as defined under UNE Assessment Policy.
8.2 The Occupant authorises UNE Residential Services and College Staff Members to access the Occupant’s enrolment details and academic progress for the purposes of determining the Occupant’s academic progress and status as a student of UNE.
8.3 The Occupant agrees to notify the Residential College in writing, within two (2) working days, of the completion, termination or suspension of the Occupant’s course of study or of any change in the Occupant’s enrolment status at UNE.
8.4 The Occupant acknowledges that the Agreement may be terminated if the Occupant’s course of study at UNE is terminated, suspended or completed.
9 Guests and Overnight Visitors
The Occupant, in accordance with the UNE Residential College Code of Conduct and College Handbook referred to in this Agreement, is permitted to have guests and overnight visitors provided that the Occupant:
9.1 Ensures that the guest completes and returns a Visitor’s Form to the Reception of the Residential College for approval by the Head of College or their delegate;
9.2 Agrees that the guest will stay no longer than a maximum of eight nights in a calendar year;
9.3 Ensures that the guest does not stay in the common areas of the College;
9.4 Ensures that the guest behaves in the same manner expected of the Occupant;
9.5 Undertakes responsibility and liability for any damage(s), loss or injury caused by a guest; and
9.6 Understands and agrees that the behaviour of the Occupant’s guest may lead to the termination of the Agreement.
The Occupant agrees not to cause, contribute to, or engage in unacceptable, unlawful or other behaviour in connection with the Room or the Residential College that would be described as misconduct under the UNE Residential College Code of Conduct or College Handbook.
11 Consequences of Misbehaviour and/or Misconduct
If the Occupant’s behaviour is deemed unacceptable by the University, an Office Bearer or other Staff Member, then the University may take such action as deemed necessary including:
11.1 Commencement of disciplinary proceedings under the UNE Student Behavioural Misconduct Rules; Residential College Code of Conduct or College Handbook; or
11.2 Immediate termination of this Agreement.
12 Transfer or Termination by Occupant
12.1 An Occupant of Wright College cannot transfer to another residence without UNE’s prior written consent. UNE may impose any conditions on any consent it gives under this clause, including without limitation, requiring the Occupant to enter into a new accommodation agreement in respect of the new residence.
12.2 An Occupant of a college other than Wright College who wishes to transfer to another College can only do so if:
12.2.1 UNE (in its sole discretion) consents to the transfer; and
12.2.2 there is room availability and the remaining period of any Term of their Accommodation Agreement is the same at that College.
12.3 An Occupant transferring to another room type must pay the appropriate room rate from the date of transfer.
Termination before Expiration of Term (and applicability of Cancellation Fee)
12.4 A new Occupant (that is, an Occupant who has not previously entered into an accommodation agreement with UNE in relation to any UNE college), who has not previously stayed in a UNE College, may terminate this Agreement within the first 2 weeks of the Commencement Date, without incurring a Cancellation Fee, in the following circumstances;
12.4.1 where their Commencement Date is on or after 16 February 2020; and their effective Termination Date is prior to 23 March 2020 (Census Day Trimester 1 2020); or
12.4.2 where their Commencement Date is on or after the 28 June 2020, and their effective Termination Date is prior to 20 July 2020(Census Day Trimester 2 2020); or
12.4.3 where their Commencement Date occurs at any time other during the times referred to in clauses 12.4.1 or 12.4.2, and their effective Termination Date is within two (2) weeks of that Commencement Date.
12.5 The Occupant may terminate this Agreement by written notice to Residential Services lodged through AskUNE. The effective Termination Date will be the date on which Residential Services receives such written notice.
12.5.1 If Residential Services receives a termination notice before the Commencement Date, then no Cancellation Fee is payable and the Occupant is entitled to receive a refund of any identified refundable Occupancy Fees and Sundry Charges already paid.
12.5.2 An Occupant, who has accepted a Full Year Wright College Term and can demonstrate (to UNE’s satisfaction) that they:
(a) are a Wright College Returning student, (i.e. that they were previously a student of UNE who resided at Wright College under a Full Year College Term accommodation agreement prior to entry into this Agreement); and
(b) i) are completing their degree by the end of Trimester 1 2020 (as determined by reference to UNE’s Principal Dates, as published on UNE’s website from time to time - http://www.une.edu.au/about-une/principal-dates/principal-dates-2020
may, without having to pay the Cancellation Fee, terminate this Agreement effective on 20 June 2020, providing appropriate notice is received on or before 1 June 2020.
ii) are completing their degree by the end of Trimester 2 2020 (as determined by reference to UNE’s Principal Dates, as published on UNE’s website from time to time - http://www.une.edu.au/about-une/principal-dates/principal-dates-2020
may, without having to pay the Cancellation Fee, terminate this Agreement effective on 25 October 2020, providing appropriate notice is received on or before 1 October 2020.
iii) are completing their degree by the end of Trimester 3 2020 (as determined by reference to UNE’s Principal Dates, as published on UNE’s website from time to time - http://www.une.edu.au/about-une/principal-dates/principal-dates-2020
may, without having to pay the Cancellation Fee, terminate this Agreement effective on 11 February 2021, providing appropriate notice is received on or before 1 February 2021.
12.6 If the Occupant:
12.6.1 is a new Occupant (as described in clause 12.4), and they terminate this Agreement with an effective Termination Date which is later than or outside the dates or time frame set out in clause 12.4.1 - 12.4.3 (as applicable): or,
12.6.2 not a new Occupant, and they terminate this Agreement, but they fail, for any reason, to give written notice in accordance with processes and dates or time frames set out in clause 12.5,
then they must pay the Cancellation Fee.
13 Default by Occupant and Termination by UNE
13.1 If any one or more of the events described below occurs, the Occupant shall be deemed to have breached the Agreement and be in Default. The University will have the right to terminate the Agreement on reasonable notice to the Occupant.
13.1.1 The Occupant breaches any obligations of the Occupant under this Agreement and the breach is not, in the reasonable opinion of the Head of College, College Manager (or their equivalents), capable of being remedied;
13.1.2 The Occupant ceases to be a student of UNE for whatever reason unless the Occupant is a Wright College Occupant;
13.1.3 The Occupant fails to pay an amount due under the Agreement by the due date and such amount(s) remain unpaid whether or not formal demands for repayment have been made in accordance with the UNE Colleges Eviction Procedures;
13.1.4 The Occupant ceases to occupy the Room before the Termination Date;
13.1.5 The Occupant seeks the protection of any law relating to insolvent people, becomes bankrupt or commits an act of bankruptcy;
13.1.6 The Occupant commits any act or behaviour which justifies ‘immediate eviction’ such as posing a serious threat to the safety or welfare of the other Occupants or Staff.
13.2 The University shall be entitled to recover all losses and costs whatsoever that arise from the Occupant’s Default of the Agreement. The Cancellation Fee will apply.
13.3 Upon a Default by the Occupant, the University may remove any fixtures, fittings and/or the Occupant’s personal property from the Room and store the same at the expense of the Occupant without being deemed guilty of conversion or becoming liable for any loss or damage in relation to moving and storing the Occupant’s personal property.
13.4 Any notice required under the Agreement shall be sufficiently served on the Occupant by:
13.4.1 Email to the Occupant’s UNE student email address or other private email address as advised by the Occupant;
13.4.2 Personal service; or
13.4.3 Mailing any notice to the Occupant’s last known place of residence.
13.5 On the Termination Date the Occupant must:
13.5.1 Vacate by 10:00am or another time as specified in any notice of termination;
13.5.2 Leave the College Accommodation in a clean and tidy state and remove all personal effects;
13.5.3 Return all keys or other security devices.
14 Review and Appeal
14.1 Where a dispute arises under this Agreement, the Occupant agrees to use reasonable attempts, in the first instance, to resolve that dispute through College and Residential Services administrative processes.
14.2 An Occupant may seek a review of the imposition of a Cancellation Fee by lodging a Request to Review, in writing via AskUNE, to the Head of College within ten (10) working days of the submission of notice to terminate.
14.3 The Cancellation Fee will apply unless the Head of College (or their nominee) is satisfied (acting reasonably) that the Occupant has demonstrated (with supporting evidence where appropriate) that extenuating circumstances exist. Financial hardship alone will not be considered as extenuating circumstances. Examples of extenuating circumstances include:
14.3.1 medical reasons; and
14.3.2 family/personal reasons.
14.4 In making a determination under clause 14.3, the Head of College (or their nominee) may consider whether the Occupant has demonstrated a connection between the reason(s) submitted and the circumstances giving rise to the Cancellation Fee (that is, the Head of College may consider whether the Occupant has demonstrated a causal relationship between the subject reasons(s) and the Cancellation Fee). By way of example (and without limiting the foregoing), where a medical reason is submitted by an Occupant, the Head of College may consider whether the Occupant has demonstrated that the subject medical reason caused the relevant Default under this Agreement (there may be circumstances where a medical certificate alone will be insufficient to satisfy the Head of College in respect of causation).
14.5 The determination of the review by the Head of College will be lodged on the Occupant’s file.
14.6 An Occupant may seek review of the determination by the Head of College ( or their nominee) by lodging a review application within ten (10) working days of Residential System. The decision regarding that further review shall be made by either:
14.6.1 the Director, UNE Residential System (or their nominee); or
14.6.2 the UNE Residential System Standing Committee (the composition of which shall be determined by the Director, UNE Residential System (or their nominee) from time to time), if the Director, UNE Residential System (or their nominee), elects (at their sole discretion) to refer the matter to that Committee.
Such determination is final.
15.1 UNE will collect, store, access, use and disclose the Occupant’s personal and health information in accordance with UNE’s Privacy Statement and as required for compliance with the University’s contractual, legal and statutory obligations or as otherwise required to give effect to the Agreement.
15.2 The Occupant agrees to provide information, including relevant personal information, to assist the University comply with its obligations related to providing the Occupant with services.
15.3 The Occupant acknowledges that it is a condition of this Agreement that the Occupant provides the University with any information needed to comply with state and federal law. The Occupant understands that if the Occupant does not provide such information, the University will not enter into the Agreement with the Occupant.
Use of personal information
15.4 The Occupant agrees that UNE has collected and may use the Occupant’s personal information for the purpose of providing accommodation and services to the Occupant under this Accommodation Agreement and for any purposes set out in the UNE Residential College Code of Conduct.
15.5 The Occupant acknowledges that the University may share the Occupant’s personal information with other service providers such as archival, auditing, consulting, mail house, delivery, technology and security services organisations.
Use of health information
15.6 The Occupant agrees that UNE may request, collect and use the Occupant’s health information for the purpose of assisting the Occupant in a medical or health emergency during the duration of this Accommodation Agreement.
15.7 The Occupant agrees that if they have advised UNE of any serious and/or life-threatening medical or health issue that they may suffer from, that UNE may use this health information to assist them in a medical or health emergency and to contact their next of kin in the case of a medical or health emergency.
Requesting access to information
15.8 Requests for access to personal information held by the University about the Occupant should be directed to the University’s Privacy Officer.
The Occupant agrees to indemnify the University:
16.1 Against any loss, liability, costs or expenses incurred or suffered by the University arising from or in connection with any damage to the Room, other areas of the Residential College, goods or chattels of another person caused by or contributed to by the Occupant’s acts, negligence or default; an
16.2 Against any loss, liability, costs or expenses incurred or suffered by the University arising from or in connection with any damages to the Room or other areas of the Residential College, goods or chattels of another person caused by or contributed to by the acts, negligence or omissions of the Occupant’s guest(s) and
16.3 In respect of any liability or loss arising from costs, charges and expenses incurred in connection with the breach or default of the Agreement.
17 Exclusion of University Liability
The Occupant agrees that the University is not liable to the Occupant for any liability or loss resulting from:
17.1 Any act of omission of any other occupant or person in the Room and/or the Residential College; or
17.2 Any malfunction, breakdown, interruption or failure in relation to the supply of services to the Residential College or Room.
18 Entire Agreement
The UNE College Accommodation Agreement and these Terms and Conditions constitute the entire agreement between the Occupant and the University, and supersede all previous agreements.