Terms & Conditions
Representation Agreement is made between:
PASS4 Scholarships Ireland Ltd trading as P4S Ireland, a company incorporated under the Companies Acts Registered Number #4874017 and having its registered office at Suite 302/4, The Capel Building. Mary’s Abbey Dublin 7, Ireland, (the “Company”); and (the “Client”).
1. SERVICES FEE
Please ensure you are certain you would like to take out our services, whether that is joining our network program or tour, before signing. Full payment is mandatory if you change your mind except in accordance with section 5 below.
You will be invoiced for the full amount once agreement has been received and this will be non-refundable under any circumstances. As per NCAA regulations, no portion of the fee will be refunded if you do not receive a scholarship offer.
We can assist with transfers in all cases, but may charge a transfer fee only where the request arises after the commencement of the Spring Semester and where the institution has provided a written release to be effective after completion of the first year in residence at the end of the Spring Semester.
Missed payments by the client will result in services being put on hold, and a late payment may be additionally charged to the account. If after this period no payment is made, the company reserves the right to cancel the Agreement. If the Client fails to pay the Services Fee and subsequent late payment fees (or any part of it) in accordance with this Agreement, the Company shall (without limiting any other right or remedy available to it) be entitled to terminate this Agreement immediately upon written notice.
Our Service fees exclude VAT payable at the rate of 20% in Northern Ireland UK or 23.5% in the Irish Republic. Our Service fees are set at a level to ensure best value and service to be able cover wages/salaries/retainers for our qualified coaches, media and IT providers, pitch hire, kit, travel costs, premises, contractors and legal and professional costs plus administration and any mandatory Tax and Pension contributions.
The duration of services supplied will take effect upon payment of Network Fee and will terminate on a date to be determined, in line with when the client commences their scholarship.
There can be no additional promotional year beyond the agreed entry date, chosen by and confirmed by the client upon agreeing to use our services, unless otherwise offered by and agreed with P4SI where exceptional previously unforeseen circumstances such as serious injury occurs after expiry of the 50 day notice of termination period. Should clients wish to delay entry for another year, P4SI reserve the right to charge another full Service fee or part thereof, of not less than half of the prevailing service fee.
The client is contracted to the Scholarship agency on an exclusive basis.
The Player shall pay to the Scholarship agency as stated in section 1 above.
5. TERMINATION & ‘COOLING OFF’ PERIOD
NOTE: With effect from 24 March 2020 until further notice there will be no new client registrations for entry to US institutions for the 2020 Winter sports/soccer semester . When that situation changes new clients will invited to join us and be subject to these terms and conditions.
5.1 The Client may terminate this Agreement, or the Company may terminate this Agreement, at any time by notice in writing to the other and for whatever reason. In such an event the Client shall be entitled to a refund of the Services Fee as follows:
(a) If the Company gives or receives notice of termination within fourteen (14) days of the Commencement Date, the whole of the Services Fee.
(b) If the Company gives or receives notice of termination following expiry of this period but within forty (40) days of the Commencement Date, half of the Services Fee.
(c) If the Company gives or receives notice of termination thereafter, no part of the Services Fee shall be refunded.
(d) If the Company gives or receives notice of cancellation of tour place, no part of the fee shall be refunded if within eight weeks of the travelling date. A fifty (50) per cent refund will be given if more than eight weeks’ notice has been given, but after the fourteen (14) day cooling off period.
6. DUTIES & RESPONSIBILITIES OF THE CLIENT & COMPANY
Full duties & responsibilities are sent in a separate document to you and will need to be signed & returned prior to joining the network.
7. SUPPLEMENTAL TERMS AND CONDITIONS
Any other arrangements between the parties in any way connected to the provision of the services set out in clause 1 that are supplemental to the Contract shall be in accordance with the requirements of NCAA, NAIA, NJCAA or such other regulatory body governing the conduct of the relevant college. For more detail, please consult these organisations.
Except as required by law, both parties shall procure that all confidential information disclosed by one party to the other in accordance with this Agreement or which may at any time until termination of this Agreement come into the other party’s knowledge, possession or control shall not be used for any purposes other than those required or permitted by this Agreement and shall remain confidential and shall not be disclosed to any third party except insofar as this may be permitted hereunder or required for the proper operation of this Agreement. For the purposes of this Agreement information relating to the business of the Company, its business systems, business processes, business affairs and databases and / or client and supplier lists are hereby deemed to be confidential information. These obligations of confidentiality shall cease to apply to any particular item of confidential information once it becomes public knowledge other than by any unauthorised act or default of either party.
9. INTELLECTUAL PROPERTY
9.1 The Client agrees that all Intellectual Property Rights in all Materials (whether created before or after the Commencement Date) shall belong to the Company.
9.2 The Client undertakes that:
9.2.1 They shall not copy or make available to others any of the Materials without the prior written consent of the Company; and
9.2.2 Immediately following termination of this Agreement (howsoever arising) the Client shall on demand return to the Company all Materials (and all copies thereof) in the possession or under the control of the Client.
10. PERSONAL DATA COLLECTION & SHARING
Upon acceptance of these terms, the client (Data subject) is allowing the Scholarship agency (data controller) to use handle, distribute & publish their personal contact data for the benefit of the client.
In accordance with GDPR & The Data Protection Act (1998), P4SI will act as the Data controller, using the personal data that the client (Data subject) has provided for the following specific purposes:
- for entering/performing a contract with the data subject; or
- to promote the interests of the data subject; or
- for the purposes of legitimate interests pursued by the data controller
Any dispute between the parties arising out of or in connection with the Contract, including but not limited to any question regarding its existence, validity or termination, should be directed to the Scholarship agency
12. GOVERNING LAW
The Contract and any non-contractual obligation arising out of or in connection to it is governed by and shall be construed in accordance with the laws of England and Wales, the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
NCAA Compliance Schedule
P4SI Ltd is an international athletic consultancy company, providing services to both international student athletes and member institutions. The services that P4SI Ltd provides are consistent with the following NCAA definition (April 1, 2011):
- “The academic and membership affairs staff confirmed that a recruiting or scouting service includes any individual, organization, entity or segment of an entity that is primarily involved in providing information about prospective student-athletes. This definition includes, but is not limited to any service that provides information only to paid subscribers, any service that is only available to a select group of individuals (e.g., coaches), regardless of whether there is a charge associated with the service, and any service that provides information to the public free of charge; however, this definition does not include any individual, organization or entity or segment of an entity that provides information about prospective student-athletes incidental to its primary purpose and is generally available to the public (e.g. news media).”
P4SI service is fully compliant with NCAA rule 13.14.3 “Recruiting or Scouting Services”, and P4SI will ensures that its service:
(a) Is made available to all institutions desiring to subscribe and at the same fee rate for all subscribers;
(b) Publicly identifies all applicable rates;
(c) Disseminates information (e.g., reports, profiles) about prospective student-athletes at least four times per calendar year;
(d) Publicly identifies the geographical scope of the service (e.g., local, regional, national) and reflects broad-based coverage of the geographical area in the information it disseminates;
(e) Provides individual analysis beyond demographic information or rankings for each prospective student-athlete in the information it disseminates;
(f) Provides access to samples or previews of the information it disseminates before purchase of a subscription; and
(g) Provides video that is restricted to regularly scheduled (regular-season) high school, preparatory school or two-year college contests and for which the institution made no prior arrangements for recording.