Recruitment Service Agreement

THIS RECRUITMENT SERVICE AGREEMENT (“this Agreement”) is made

BETWEEN

The Kumasi Technical University, a public tertiary institution established by an act of Parliament, the Technical University Act 2016, and (Act 922) with postal address, P. O. Box 854 Kumasi, in the Ashanti Region of the Republic of Ghana represented by its Vice Chancellor, Prof. Gabriel Dwomoh (hereinafter called “the University”) with expression shall where the context so admits or requires include its duly authorized officers or assigns of the one part,

AND

………………………………………………………………… (hereinafter called “the Facilitator”) which expression shall where the context so admits or requires include his agents, heirs, successors or assigns, whose address is ………………………………………………………………… of the other part.

Each referred to as “party” and collectively as “parties”

WHEREAS

The University’s International Affair and Institutional Linkages (IAIL) Office has been authorized and mandated to encourage the recruitment of international students to the University for graduate and undergraduate studies;
The University seeks to engage duly qualified persons (facilitators) to assist in the recruitment of international students for its graduate and undergraduate programmes (“the services”).
The Facilitator is duly equipped to provide recruitment services for the University and the parties herein have agreed to the Facilitator providing the services.

THE PARTIES AGREE AS FOLLOWS:

1. Facilitator’s obligations

The Facilitator shall:

Recruit and refer duly qualified Senior High School students and graduates (“applicants”) to apply to read undergraduate and graduate programmes at the University.
Refer applicants who have the prescribed qualifications of the University in their jurisdiction to study at the University.
Ensure that all referred applicants meet the minimum entry requirements for admission to the University;
Ensure that all referred applicants provide verified result and, where applicable, verify security information to the University upon the submission of any application;
Confirm that all data pertaining to the prospective applicants are clear and accurately reflect facts and confirm same to the University before the submission of their respective applications; and
Provide to all successfully referred applicants their admission letter prior to payment of the authorized fees.
Submit to the University a list of qualified applicants recruited, referred or engaged to apply for admission to the University prior to the date admission offers are made.
Comply with the code of conduct for agents, a copy of which has been made available to him.

The submission of unverified/ falsified applicant’s data may lead to the termination of this agreement and non-payment of claims.

2. The University’s Obligation:

The University shall channel admission letters of successful applicants through the Facilitator upon receipt of the list of qualified applicants recruited, referred to or engaged to apply for admission to the University as provided under clause 1.1.7.
The University shall pay the Facilitator the fee (“the recruitment fee”) stated in clause 3 below.

3. Fees and Remuneration

The University shall pay Facilitator:

A recruitment fee of ______________ percent of the school fees payable by the applicant as provided in the applicant’s admission letter, and after payment into the University’s prescribed account(s), less withholding tax as prescribed by law, for every referred applicant duly enrolled and matriculated at the University; and
Payment of the sum mentioned in 3.1.1 above shall be made within twenty-eight (28) days after the submission of a duly approved payment claim by the Facilitator.

4. Termination

This Agreement may be terminated by:

Either party serving one (1) month prior written notice of its intention to do so to the other party.
The University, if the Facilitator commits a breach capable of remedy and such breach is not remedied within ten (10) working days of notice being given to the facilitator.
If the Agreement is rendered impossible to be executed due to force majeure in accordance with clause 5.11 herein, it may be terminated by mutual agreement between the parties.

This Agreement shall automatically terminate if the Facilitator:

Commits may fraudulent or dishonest act(s) in the execution of his duties during the pendency of this agreement.

5. The Parties agree that:

The Agreement shall be for a term of one (1) year and shall commence on the last date of signature of the Parties.

The Agreement may be renewed for further term subject to terms and conditions to be agreed upon.

Any notices to be served may be delivered by hand or recorded mail to:

The University:

The Dean

International Affairs and Institutional Linkages (IAIL) Office

Kumasi Technical University

Telephone number: +233 (0)3220 223 87

Email: int.affairs@kstu.edu.gh

The Facilitator

………………………………………………………………..

……………………………………………………………….

………………………………………………………………

Telephone number:

Email:

Failure or neglect by any Party to enforce at any time any of the provision hereof shall not be construed nor shall it be deemed to be a waiver of that party’s rights hereunder nor in any way affect the validity of the whole or any part of this agreement nor prejudice its right to take subsequent action.
In the event that any or part of these terms, conditions or provisions shall be determined invalid, unlawful, or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to be fullest extent by law.
The Agreement is personal to the facilitator only and shall not be assigned howsoever without the prior written consent of the University.
The Facilitator enters into this agreement with the University as an independent operator and shall not represent himself/herself or his/her representatives, agent or assigns as employee, agent’s partners or servants of the University.
This Agreement shall be construed and interpreted in accordance with the laws of the Republic of Ghana only.
The Facilitator hereby warrants to indemnify and hold harmless the University from and against all liabilities, claims, losses, lawsuits, and / or expenses, arising from any act or failure to act by the Facilitator or his/her representatives, agents or assigns which may occur during the term of this agreement.
Any dispute arising from or in relation to or in connection with this agreement shall be settled through arbitration in accordance with the Alternative Dispute Resolution Act, 2010 (Act 798) at the Ghana Arbitration Center by one (1) Arbitrator appointed by the center. The arbitral award shall be final and binding on the parties and each party shall bear its own cost.
The Parties acknowledge that this Agreement may be suspended or terminated due to an event of force majeure including, but not limited to, fire, earthquake, epidemic, explosion, casualty, strike, act of war, riot, civil disturbance, terrorism, act of God or any other reason beyond the Parties’ control. Each Party will notify the other Party as soon as it is aware of any event of a force majeure which would delay or prevent the performance. In the event of a force majeure, the Parties will consult with each other to determine a revised timeline for performance.
The Parities agree not to disclose information, in whatever form, of a confidential nature, including all personal, technical, or commercially sensitive information to third parties. Each Party agrees to use Confidential Information disclosed to it solely for the purpose of the recruitment of international students. Such a restriction shall apply both during the term of this agreement and after its termination unless a disclosure is bona fide, required by law or a court of competent jurisdiction or the information is already in the public domain.
The Parties to this Agreement shall be bound by the provisions, duties obligations under all local and international regulations regarding data protection including the Data Protection Act, 2012 (Act 843) with respect to personal data of the parties, staff, and students of the University and prospective applicants that become available and accessible to the Facilitator as well as all information relating to employees, intermediary third parties and beneficiaries.
Each Party agrees that, in connection with this agreement, they will each, (including where appropriate, their respective officers, employees, agents):
Not commit an act or omission which cause or could cause the other party to breach, or commit an offence under, any laws relating to anti-bribery and / or anti-corruption including the anti-corruption laws of Ghana.
Keep accurate and up-to-date data records showing all payments made and received and all other advantages given and received in connection with this agreement and the steps taken to comply with this clause, and permit the other party to inspect those records as reasonably required;

Promptly notify the other party of:

Any request or demand for any financial or other advantages received by him /her; and
Any financial or other advantages it (or that person) gives or intends to give whether directly or indirectly in connection with this agreement; and
Any breach of this clause.

IN WITNESS WHEREOF the Parties hereto have hereunto set their respective hands and stamps the day and year first above – written.

Signed for and behalf of Kumasi Technical Signed by the within named:

University:

………………………………………………….. ……………………………………………………

PROF. GABRIEL DWOMOH Name:

Vice – chancellor Recruitment Facilitator

Date: ………………………………………………… Date: ………………………………………………

Witnessed by: Witnessed by:

…………………………………………. Signature: ………………………………………

MR. EBENEZER KOFI BOAKYE Name:

Registrar Title:

Date: ………………………………………………… Date: ………………………………………………