«NameFirst» «NameLast» UTS: Housing Service. Licence Agreement for Student Residences

Transcription

1 «NameFirst» «NameLast» UTS: Housing Service Licence Agreement for Student Residences

2 CONTENTS Clause Page 1. Licence Agreement and Rules What is basis for occupation? Can the Occupier sublicence the room? Visitors and guests How are licence fees paid? Do the licence fees include water, electricity, gas and GST? Is there a Security Deposit, and what happens to it? How is the Student Residences managed? What dispute resolution procedures apply? Can the Occupier park a motor vehicle at the Student Residence? Who is responsible for losses or injury? How are breaches of rules dealt with? Can the Occupier break the agreement before the end of the licence term? What must the Occupier do at the end of the licence? Can UTS withhold a degree or award if amounts remain due under this Agreement? Special conditions for rooms that are shared Occupier s goods Termination Governing Law Reference Schedule

3 This LICENCE AGREEMENT is made between UNIVERSITY OF TECHNOLOGY, SYDNEY ABN of 15 Broadway, Ultimo, New South Wales, 2007 ( UTS ) and the person set out in Item 1 of the Reference Schedule ( Occupier ). Terms defined in the Reference Schedule have the same meaning throughout this Licence Agreement. Where the term UTS is used in this Licence Agreement it refers to the University of Technology, Sydney in its capacity as the Provider of the UTS Student Residence accommodation. 1. Licence Agreement and Rules This Licence Agreement sets out the conditions under which the Occupier is entitled to the use of the Room, Apartment (and if applicable, Car Space) and common facilities in the Student Residence. The UTS Student Residences Handbook and House Rules ( the Rules ) form part of this Licence Agreement. The Occupier acknowledges having received and read a copy of the Rules prior to signing this Licence Agreement, and agrees to comply with the Rules during the Occupier s occupancy of the Room or Apartment. Any amendments to the Rules will be of effect provided that a copy of the amendments are posted on UTS Student Residences Notice Boards and/or the Occupier has been advised of the amendments by way of sent to the Occupier s UTS address. The Occupier must also comply with other UTS policies relating to conduct at UTS, such as Handling Student Complaints, Prevention of Harassment, Communicable Diseases Policy, Smoke-Free University Environment, and Environmental Health and Safety (EHS), which may be found at ( UTS Policies ). 2

4 In the event of inconsistency between the Rules and this Licence Agreement the terms of the Rules will take precedence. 2. What is the basis of occupation? From the Commencement Date until the Expiry Date, the Occupier may: (a) occupy the Room (and if applicable, Car Space) as a sole occupier (subject to clause 15); (b) use the Apartment in conjunction with others; and (c) use the common facilities in the Student Residence in conjunction with others. The Room must contain only the approved number of beds. The Occupier must not change rooms (and if applicable, Car Space) without the express written approval of the Residential Life Staff, who must seek approval from the Manager, UTS: Housing Service. If the Occupier changes rooms (and if applicable, Car Space) the Occupier will be required to enter into a new Licence Agreement. 3. Can the Occupier sub-license the Room or Car Space? This licence to occupy the Room and (if applicable, the Car Space) is exclusive to the Occupier. The Occupier is not permitted to sub-license the Room (and / or if applicable, the Car Space) to a third party. 4. Visitors / Guests The terms and conditions relating to guests or visitors in the Student Residence are set out in Rule 48 of the Rules. 5. How are Licence Fees paid? The Occupier must pay the Licence Fee to UTS by one of the payment methods below. 3

5 Payment Methods (i) (ii) by direct debit authority drawn from the Occupier s Australian Bank Account and paid into the UTS Bank Account (this must be set up prior to the start of your contract); or by one lump sum payment by credit card, EFTPOS, bank cheque or Australian money order payable to UTS Housing (either for the entire semester or for a full year); The form for making the payment is called Residential Fee Payment Option. The Occupier must complete and sign this form and deliver the completed form to UTS: Housing Service before the Commencement Date. Fees are set on an annual (calendar year) basis. If this Licence Agreement commences in the middle of a calendar year, the Licence Fee will be adjusted from 1 January in the year immediately following the Commencement Date, or the first fortnight direct debit date thereafter, to correspond with the adjusted Licence Fee applicable to the Room fee for the calendar year following the Commencement Date. 6. Do the licence fees include water, electricity, gas and GST? The Licence Fee includes water, gas and electricity and once weekly cleaning of common areas of the Student Residence unless otherwise specified in the Reference Schedule. It is the responsibility of the Occupier to ensure that the Room, the Apartment and associated common areas are kept clean and tidy at all times in accordance with the Rules. The Occupier is responsible for telephone, internet and data communications costs. At the date of this Agreement the Licence Fee is GST free under s A New Tax System (Goods and Services Tax) Act

6 7. Is there a Security Deposit, and what happens to it? The Occupier must pay the Security Deposit to UTS on, or before, the Commencement Date by one of the Payment Methods set out in clause 4 of this Licence Agreement. No interest accrues on the Security Deposit. Subject to UTS rights under this Agreement, including without limitation clause 10 below, UTS will endeavor to refund the Security Deposit to the Occupier s Bank Account, or as otherwise agreed within 21 business days of expiry or termination of this Agreement. UTS is entitled to retain some or all of the Security Deposit to ensure that the financial obligations of the Occupier under this Licence Agreement are met including, but not limited to, responsibility for property damage. If UTS uses the Security Deposit to make good property damage, UTS must provide to the Occupier appropriate evidence to substantiate the UTS claim. The Occupier must not use the Security Deposit to pay the Licence Fee owing at the end of the term of this Licence Agreement. 8. How is the Student Residence managed? The Occupier must obey the Rules, and the oral and written directions of the staff of the UTS: Housing Service. UTS may enter and inspect the Apartment, the Room and common areas of the Student Residence in accordance with the Rules. In particular the Occupier acknowledges that it is necessary that the Student Residences be conducive to study and that the purpose of the Rules includes achievement of this outcome. 9. What dispute resolution procedures apply? All disputes arising between the Occupier and other occupiers of the Student Residence and/or between the Occupier and UTS must be resolved in accordance with this clause 9 and as outlined in the Rules. 5

7 Under the Rules, UTS may compulsorily reallocate the Occupier to another room in the same or another Student Residence within UTS (either temporarily or permanently) if the Occupier breaches this Licence Agreement, the Rules or UTS Policies. If the Occupier is compulsorily reallocated, then the Occupier must pay the Licence Fee for the new room until the Expiry Date. If the Licence Fee for the new room is higher than the Licence Fee for the original Room, then the Occupier may, within 28 days of being compulsorily reallocated to the new room, terminate this Agreement on 14 days written notice served on UTS: Housing Service. The Occupier may refer a decision of the Residential Life Staff in relation to compulsory re-allocation of rooms to the Manager of UTS: Housing Service for initial review and then, if not satisfied, to the Director, Student Services, for further review. In addition to the Housing Service Dispute Resolution Policy in the Rules, the UTS Student and related Rules (as applicable) which can be found in the UTS calendar or via including those dealing with procedures for handling non-academic misconduct of students ( UTS Student Rules ) also apply to the Occupier. 10. Can the Occupier park a motor vehicle at the Student Residence? 10.1 If the Room is located in Geegal the Occupier has a non-exclusive right with others to park motor vehicles in the common car parking area of Geegal but UTS makes no warranty as to the availability of car parking at Geegal at any time. In respect of vehicles parked at Geegal the provisions of clauses 10.4 to 10.8 (inclusive) of this Agreement apply to the Occupier in respect of the Geegal common car parking area If a Car Space is noted in Item 12 of the Schedule then in addition to all other rights of occupation as provided in this Agreement the Occupier is entitled to occupy the Car 6

8 Space on the terms and conditions of this Agreement, and these terms and conditions will, in addition, apply to the Car Space The Occupier may park a vehicle in the Car Space which is located in the designated car parking area as may be agreed between the Occupier and the Manager on behalf of UTS. The Manager will be under no obligation to agree to any other positions other than as stipulated in item 12 of the Reference Schedule The Occupier will not to clean, grease, oil, or repair or wash any vehicle in the Car Space or the designated car parking area of the Student Residence The right to park a vehicle pursuant to this Licence Agreement does not entitle the Occupier to any right other than to park a vehicle as expressly provided in this Licence Agreement and in particular but without limit the Occupier shall not carry on or be concerned with any business or trade in, at or from, the Car Space or the designated car parking area of the Student Residence Parking of motor vehicles on any property of UTS is entirely at the risk of the Occupier The Occupier hereby indemnifies UTS and agrees to keep UTS indemnified against all claims demands or proceedings for damage to property or injury to person occurring in the Car Space or the designated car parking area of the Student Residence by reason of any act or default on the part of the Occupier or any of the Occupier s visitors, agents, invitees or employees but not by reason of any act or default on the part of UTS or any of its employees or agents UTS does not guarantee that the designated car parking area of the Student Residence will not be accessed by unauthorised persons or vehicles. 7

9 11. Who is responsible for losses or injury? The Occupier is responsible for all personal injury, property damage (subject to fair wear and tear), theft or any other loss (in respect of the Occupier or another person) arising directly or indirectly out of the use by the Occupier and the Occupier s guests and visitors of the Room, Apartment, common facilities or parking at the Student Residence, including any consequential loss. The Occupier indemnifies UTS against all such loss and injury. The Occupier must admit and pay for damage caused by the Occupier or the Occupier s guests and visitors without delay. In the absence of such an admission, UTS will allocate the cost of repairs as follows:- the Occupier pays for damage to the Room; the Occupier pays for damage to the Apartment or common facilities at the Student Residence jointly and severally with the other occupiers of the damaged area(s). UTS recommends that the Occupier takes out their own contents insurance policy as UTS is not responsible for any thefts or damage. 12. How are breaches of Rules dealt with? Breach of this Agreement, the Rules or UTS Policies will be dealt with in accordance with the procedure as set out in the Rules, and may result in a variety of actions including termination of the Licence Agreement. UTS may also refer any breach of discipline to the Registrar to be dealt with under the UTS Student Rules. 13. Can the Occupier break the Licence Agreement before the Expiry Date? If the Occupier wishes to break the Licence Agreement before the Expiry Date, the Occupier must give at least two week s notice in writing to UTS or pay to UTS an amount equal to two weeks Licence Fee in lieu of the notice period. The Occupier 8

10 must pay the Licence Fee until the date of vacating the Room, plus a cancellation and administration fee equal to two weeks Licence Fee, (regardless of whether a new occupant for the Room is found). If a new occupier is unable to be found by the end of the two weeks from the date the Occupier vacates,, the Occupier will be liable to pay the Licence Fee for the Room until such time as a new occupier is found or the Expiry Date (whichever occurs first). These conditions apply regardless of the reasons for termination (this includes termination initiated by UTS: Housing Service due to breach of the Rules). 14. What must the Occupier do at the Expiry Date? On or before the Expiry Date, the Occupier must leave the Room (and if applicable, Car Space) in a clean and habitable state in the same condition as at the Commencement Date, subject to fair wear and tear. The Occupier warrants that any belongings that the Occupier leaves in the Student Residence (including any car parking area) at the end of the Licence Agreement (however the Licence Agreement comes to an end) are owned by the Occupier. If the Occupier does not remove personal belongings within 24 hours of expiry or termination of this Licence Agreement, then the Licence Fee continues to accrue and UTS may, after 7 days of notice being issued, remove the personal belongings of the Occupier. Such personal belongings are deemed abandoned and may be disposed of by UTS in its discretion. 15. Can UTS withhold a degree or award if amounts remain due under this Agreement? If the Occupier owes any money to UTS under this Licence Agreement, then in accordance with, and subject to, the UTS Bylaws and Rules, UTS may withhold conferring a degree or award and may decline re-enrollment of the Occupier. 9

11 16. Exchange of Information The Occupier authorizes UTS to disclose any personal information relating to the Occupier to the Provider which UTS deems relevant to the Occupier s rights and obligations under this Licence Agreement. 17. Special Conditions for rooms that are shared Where a Room has been authorised as a share room, the sole occupancy provision within this Agreement does not apply. Occupiers authorised to share a specified room will be jointly responsible for compliance with the terms and conditions of this Licence Agreement and will jointly have exclusive use of that room. The Occupier authorizes the Provider to disclose any personal information relating to the Occupier to UTS where it is deemed necessary by UTS or the Provider. 18. Assignment and Novation (a) The Provider may assign or novate its interest in this Licence Agreement without the consent of the Occupier, at the Provider s absolute discretion. Upon assignment or novation of this Licence Agreement, this clause 18(a) will cease to operate. (b) The Occupier may not assign or novate any interest in this Licence Agreement. 19. Termination This Agreement may be terminated by UTS in the following circumstances: (a) Where the Occupier is more than four weeks in arrears in respect of the payment of the Licence Fee. For the Licence Agreement to be terminated, the Provider must have firstly provided an arrears notice when the Occupier s Licence Fee has fallen 2 weeks into arrears. All arrears notices must be provided to the Occupier by either to the Occupier s UTS address or by post; or 10

12 (b) Where the Occupier is in breach of this Agreement, the Rules or UTS Policies and UTS determines in its absolute discretion that the breach is of such a nature as to justify termination of this Agreement. 20. Governing Law The terms of the Licence Agreement and the Rules are governed by the laws of New South Wales. 11

13 Reference Schedule Item 1 Occupier «NameFirst» «NameLast» «Street», «City», «StateProvince», «ZipPostcode», «Description» «PhoneMobileCell» « » Item 2 Provider University of Technology, Sydney (ABN ) of 15 Broadway, Ultimo, New South Wales, 2007, Australia. ( UTS ) Item 2 Commencement Date «ContractDateStart» Item 3 Expiry Date «ContractDateEnd» Item 4 Student Residence «Description1» Item 5 Apartment Type «Description3» Item 6 Room «Description2» Item 7 Approved Number of Beds in Apartment «ID4» Item 8 Licence Fee «AccountCode» Licence Fee to be paid by either direct debit or one lump sum payment Item 9 Security Deposit $950 Item 10 UTS Bank Account Item 11 Occupier s Australian Bank Account (this must be set up prior to the start of your contract) Item 12 Car Space NA Name:.. BSB/Branch: Account No:. By signing below, the Occupier confirms that they are/will be enrolled for the semester for which the offer has been made and agrees to the terms set out in the Licence Agreement, Reference Schedule and the UTS Residences Handbook and House Rules all of which are binding upon the Occupier and UTS. Signed by Occupier:..Date: 12

14 Licence Agreement For Student Residences under 18 s ADDENDUM FORM I [ ], the parent/legal guardian of [ ] accept the terms of the UTS; Housing Services Licence Agreement For Student Residences on behalf of [ ] whilst [ ] is under the age of 18 years. I realise that although UTS will make every effort to provide a safe and secure environment for [ ], during their residence in the UTS Housing Services student accommodation, [ ] will be personally responsible for his/her own safety and wellbeing during their residence in the UTS Housing Services student accommodation. I provide the following contact details while [ UTS Housing Services student accommodation: ] is in residence at the (Full name) of (address) p/code Contact phone number Signed by: Name of Guardian (please print) Contact Mobile Date 13