Statement of Terms and Conditions for the Custodianship of International Students

1. Definitions

1.1 "Agency" means Custodianship Student Support Agency, Toronto, Ontario, its principal Olga Korpalo, and its employees, contractors and authorized representatives.

1.2 "Custodian" means the individual named in the Custodianship Declaration (IRCC form IMM 5646) who agrees to act in place of the Parents while the Student is in Canada.

1.3 "Student" means the minor international student named in the Application.

1.4 "Parents" means the Student's parents or legal guardians who sign the Application, the Custodianship Declaration and these Terms.

1.5 "Institution" means the designated learning institution that issued the Student's letter of acceptance.

1.6 "Homestay" means accommodation with a host family or in a residence arranged by or through the Agency.

1.7 "Agreement" means the signed Custodianship Services Agreement, these Terms, the Application, the Fee Schedule and the Refund Policy, read together.

2. General

2.1 By signing or initialling the Application, or by paying any fee, the Parents accept these Terms for themselves and on behalf of the Student.

2.2 The Services begin when the Agency countersigns the Custodianship Declaration and all fees then due are paid. They end as set out in sections 11 and 12.

2.3 The Agency may update these Terms. The version in force on the signing date applies to that term; later versions apply on renewal.

2.4 Olga Korpalo is a Regulated Canadian Immigration Consultant (RCIC-IRB R1053567). Immigration advice and representation are a separate professional engagement under a separate retainer and are not part of the Services. Nothing in this Agreement is immigration advice.

3. Scope of Services and Limits of the Custodian's Role

3.1 The Agency provides:

1. a Custodian who is a Canadian citizen or permanent resident, aged 19 or over, residing in Ontario, and the Custodian's portion of the notarized Custodianship Declaration;
2. a 24-hour emergency line for the Student, the Parents and the Institution;
3. liaison with the Institution on attendance, progress, discipline and permission forms, and reports to the Parents;
4. assistance in arranging Homestay or residence accommodation where included in the selected package;
5. check-ins with the Student at the frequency in the Fee Schedule;
6. emergency assistance as described in section 5.

3.2 The Custodian does not:

1. become the Student's legal guardian or replacement parent; parental rights and duties remain with the Parents;
2. provide daily supervision, tutoring, driving, or accompaniment to routine appointments unless separately purchased;
3. hold, manage or advance the Student's money, pay tuition, rent or personal expenses, or act as guarantor;
4. give immigration advice or represent the Student before IRCC under this Agreement;
5. guarantee the approval of any visa, study permit, extension or entry to Canada, or any admission, grade, credit or graduation;
6. act as a medical provider, counsellor, lawyer or insurer;
7. take responsibility for the Student's belongings, cash, devices or travel documents.

4. Obligations of the Agency

4.1 The Agency will act in place of the Parents in the matters listed in section 3.1 with reasonable care and in good faith.

4.2 The Agency will respond to the Institution's requests and pass material information to the Parents without unreasonable delay.

4.3 Where accommodation is included, the Agency will use reasonable efforts to place the Student in a screened Homestay or residence and to address concerns raised by the Student or the Parents.

4.4 If the Student intends to travel without the host family or the Institution, the Agency will require the travel plan in advance, forward it to the Parents for approval and record that approval before the trip.

4.5 If the Custodian will be outside Canada for more than 72 hours, the Agency will designate a backup contact and notify the Institution.

4.6 The Agency will inform the Parents of any incident it considers material to the Student's safety, health, legal status or standing at the Institution.

5. Emergency Response and Medical Matters

5.1 The emergency line operates 24 hours a day for injury, serious illness, hospitalization, police or immigration contact, loss of passport, suspension or expulsion and similar events. It is not a general enquiry line.

5.2 In a medical emergency the Agency will first attempt to contact the Parents. If the Parents cannot be reached within a time reasonable in the circumstances, the Parents authorize the Custodian to consent to examination, treatment, surgery, anaesthesia and hospital admission recommended by a licensed practitioner, and to sign related forms.

5.3 The Custodian may accompany the Student to hospital or arrange for a responsible adult to do so. Time beyond the included allowance is billed at the hourly rate in the Fee Schedule.

5.4 The Parents remain responsible for all medical, dental, ambulance, pharmacy, counselling and repatriation costs, whether or not covered by insurance.

5.5 Before arrival the Parents must disclose in writing every medical, mental-health, dietary and behavioural condition, allergy, prescription and prior incident that may affect the Student's care. Non-disclosure is a material breach.

6. Mandatory Health Insurance

6.1 The Student must hold comprehensive medical insurance valid in Canada for the whole period of the Services, including emergency treatment and repatriation, and provide the policy details to the Agency before arrival.

6.2 Where the Institution requires its own plan, that plan is mandatory. Policies issued abroad must be accompanied by an English summary of coverage. Pre-existing conditions and injuries arising from illegal activity may not be covered.

6.3 The Agency may suspend the Services, without refund, if valid coverage lapses.

7. Obligations of the Parents

7.1 The Parents confirm they are legally entitled to appoint a Custodian and that the information in the Application is complete and accurate.

7.2 The Parents will ensure the Student holds a valid study permit and any required visa, is enrolled full-time and complies with the permit conditions.

7.3 The Student will reside only in the Homestay or residence approved by the Agency and will not change address without written approval.

7.4 The Parents will pay all custodianship, accommodation and tuition fees when due, whether invoiced by the Agency or a third party.

7.5 The Parents will respond to the Agency within 24 hours in an emergency and within three business days otherwise, and will keep at least two working contact channels current.

7.6 The Parents will not instruct the Student to bypass the Agency, the host family or the rules of the Institution.

7.7 The Student will not claim or seek any status in Canada other than student status and any work permitted under the study permit. The Agency has no obligation to support an application for other status.

7.8 The Parents will safeguard the Agency's documents and will not share the Custodian's personal information with third parties other than the Institution and IRCC.

7.9 The Agency's responsibility is suspended while the Student is under the direct control of a Parent or relative visiting Canada, or is detained by police or immigration authorities, and resumes when the Student is returned to the Agency's care.

8. Student Code of Conduct

8.1 The Student must obey the laws of Canada and Ontario, the rules of the Institution, and the house rules of the host family or residence.

8.2 The Student must not purchase, possess or consume alcohol, cannabis, tobacco or vaping products, or any illegal drug, and must not misuse prescription medication.

8.3 The Student must not possess any weapon or replica weapon.

8.4 The Student must not drive or operate any motor vehicle, motorcycle, scooter, watercraft or snowmobile, and must not ride with a driver under 25 except on school-approved transport, in a licensed taxi, or through a supervised teen ride-share account.

8.5 Curfew is 10:00 p.m. on school nights and 11:30 p.m. on other nights unless the host family and the Agency agree otherwise in advance.

8.6 Overnight absences and travel outside the Greater Toronto Area require a travel request submitted at least 14 days before departure with addresses, contact numbers and details of adult supervision, the Parents' written approval and, for overnight trips, supervision by an adult aged 25 or over. The Agency issues travel consent letters only for approved trips.

8.7 The Student must attend all classes, maintain the standing required by the Institution and the study permit, and not accept paid employment beyond what the permit allows.

8.8 The Student must not engage in bullying, harassment, violence, sexual activity with any member of the host household, or online publication that demeans or misrepresents the host family, the Institution or the Agency. Online profiles must be consistent with the Application.

8.9 The Agency applies progressive discipline: verbal warning, written warning, probation with conditions, then termination. Serious breaches may go directly to termination.

9. Homestay and Residence Terms

9.1 A non-refundable placement fee of $300 is payable before a search begins. Homestay fees are payable monthly in advance.

9.2 The minimum stay is one semester. Moving out requires 30 days' written notice; fees for the notice period remain payable.

9.3 The Parents accept a host family that meets the Agency's screening criteria. A host may not be refused on any ground protected by the Ontario Human Rights Code.

9.4 A change of family is available after a settlement period of four weeks on reasonable grounds, subject to a re-placement fee of $150. A change caused by the Student's misconduct or non-disclosure is at the Parents' cost, without refund of fees paid to the first host.

9.5 The standard placement includes a private furnished room, the meals in the selected meal plan, laundry access and internet. Special diets, private bathrooms and extra services carry a surcharge.

9.6 The Student is responsible for damage to the host's property, including any insurance deductible, and for long-distance, excess data and personal expenses. Hosts are not obliged to claim on their home insurance. The Student's belongings are not covered by the host's insurance.

9.7 The Student may remain in the Homestay during school breaks at the regular rate. If the Student travels home, a room-hold fee of $75 per week applies. No airport transfers are provided on December 24, 25, 26, 31 or January 1.

9.8 Host families are independent contractors, not employees or agents of the Agency. The Parents and the Student will not enter into a private hosting or custodian arrangement with a host introduced by the Agency during the term or within 12 months after it.

10. Fees, Invoicing and Payment

10.1 All fees are in Canadian dollars and are subject to HST (13%) where applicable.

10.2 Fees are invoiced in advance and are due within 14 days of the invoice date, and in any event before the Agency countersigns the Custodianship Declaration or confirms a placement.

10.3 The Parents bear all bank, wire, currency conversion and card processing charges. Refunds are paid to the original payer by the original method, net of such charges.

10.4 Overdue amounts bear interest at 1.5% per month (19.56% per year, compounded monthly). While any amount is overdue the Agency may suspend the Services, decline to sign school or travel documents, and notify the Institution.

10.5 The one-time approval and registration fee, the placement fee, notarization and courier costs, insurance premiums once issued, airport transfers once the Student has arrived, and late fees are non-refundable.

10.6 Fees may change each academic year. Changes are announced at least 60 days before they take effect and apply on renewal.

11. Term, Renewal and Age of Majority

11.1 The initial term is stated in the Agreement, normally one academic year or the validity of the study permit, whichever is shorter.

11.2 Renewal requires a new Application, payment of the renewal fee and, where required, a new Custodianship Declaration. Renewal requests must reach the Agency at least 60 days before expiry so that study permit extension deadlines can be met.

11.3 The age of majority in Ontario is 18. Custodianship is not legally required after the Student's eighteenth birthday. Unless an age-of-majority support package has been purchased, the Services end on that birthday and fees for the rest of the term are not refundable. Where the Institution requires a local contact for the full academic year, the Agency may continue in that role on written instruction, at the applicable rate and with the Student's consent to share information with the Parents.

11.4 The Agency may decline any renewal at its discretion.

12. Termination

12.1 The Parents may terminate on 30 days' written notice. The Agency's responsibility ends only when it receives a new notarized Custodianship Declaration naming an alternative custodian, or confirmation of the Student's departure from Canada with a copy of the ticket.

12.2 The Agency may terminate immediately, without refund, if the Student is suspended for a serious offence, expelled, arrested or charged, breaches section 8 in a serious or repeated way, withdraws from the Institution without a new letter of acceptance, or if the Parents fail to pay, misrepresent information, or behave abusively toward the Agency, the host family or the Institution.

12.3 On termination the Agency will notify the Institution and, where required, IRCC, which may affect the study permit. The Parents will arrange the Student's return home on the first available flight at their own cost or deliver a replacement Custodianship Declaration within 10 business days.

12.4 If the Agency terminates for its own convenience, it will refund the unused full months of pre-paid service fees. This is the Parents' sole remedy.

12.5 Cancellation or delay of the Student's arrival is handled under section 14.

13. Change of Educational Institution

13.1 The Student may change Institution only with the Parents' written instruction and the Agency's prior written consent.

13.2 The Parents must provide the new letter of acceptance, confirm the new Institution is within the Agency's service area, and pay a transfer administration fee of $150. A new Custodianship Declaration may be required.

13.3 A change to an Institution outside the service area is treated as termination under section 12.1.

14. Refund Policy

14.1 Refund requests must be sent in writing to info@custodianship.ca with the Student's full name and date of birth. Approved refunds are processed within 30 days.

14.2 Pre-paid monthly service fees are refundable only (a) on written notice plus a new signed Custodianship Declaration from the replacement custodian, or (b) in extenuating circumstances where the Student returns home permanently, supported by the airline ticket and, where applicable, medical evidence. Partial months are not refunded.

14.3 Study permit refusal: pre-paid service fees are refunded less the approval and registration fee and an administration charge of $250, on receipt of the IRCC refusal letter within 15 days of its date.

14.4 Deferral: if arrival is deferred before the Custodianship Declaration is countersigned, fees paid are held as credit for up to 12 months and re-invoiced at current rates.

Tuition and accommodation fees paid to the Institution or a host are governed by their own policies and are not refundable by the Agency.

15. Exclusion and Limitation of Liability

15.1 The Agency is not responsible for the acts or omissions of the Institution, host families, residence operators, insurers, transport or medical providers, or government authorities, nor for any decision on a visa, study permit, entry to or removal from Canada.

15.2 The Agency is not liable for loss, theft or damage to the Student's belongings, cash or documents, wherever they occur.

15.3 To the extent permitted by law, the Agency's total liability under or in connection with this Agreement is limited to the service fees paid to the Agency in the 12 months before the event giving rise to the claim.

15.4 The Agency is not liable for indirect, consequential, special or punitive damages, loss of tuition, loss of status, travel costs or lost opportunity, however caused.

15.5 Nothing in this section excludes liability that cannot be excluded under Ontario law.

15.6 The Parents release the Agency, Olga Korpalo and their representatives from claims arising from the Student's own conduct, from risks inherent in living and studying abroad, and from events beyond the Agency's reasonable control. The Parents will indemnify them against third-party claims, fines, damages and legal costs caused by the Student's conduct or the Parents' breach of this Agreement.

16. Force Majeure

16.1 Neither party is liable for delay or failure caused by events beyond its reasonable control, including epidemic or pandemic, public health orders, border closures, strikes, natural disasters, war, cyber attack, or action of any government or the Institution.

16.2 If such an event prevents arrival, fees paid are held as credit for up to 12 months. If the Services cannot resume within 90 days, either party may terminate and unused pre-paid service fees, less non-refundable items, will be refunded.

17. Privacy and Personal Information

17.1 The Agency collects, uses and discloses personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and its Privacy Policy.

17.2 The Parents consent to disclosure of the Student's information to the Institution, host family, insurer, medical providers, IRCC and the Canada Border Services Agency where necessary to provide the Services or comply with law.

17.3 The Parents consent to the Agency obtaining the Student's academic, attendance, disciplinary and medical information from the Institution and providers for the purposes of this Agreement.

17.4 Photographs or video of the Student are used in the Agency's marketing only with separate written opt-in consent, which may be withdrawn at any time.

17.5 Records are retained for seven years after the Services end, or longer where required by law.

18. Dispute Resolution and Governing Law

18.1 The parties will first attempt to resolve any dispute by good-faith negotiation, started by written notice, for at least 30 days.

18.2 Unresolved disputes are subject to the exclusive jurisdiction of the courts of Ontario sitting in Toronto.

18.3 This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario.

19. General Provisions

19.1 Entire agreement: the Agreement supersedes all prior discussions, quotations and marketing materials.

19.2 Severability: an invalid clause is severed and the remainder continues in force.

19.3 Amendments must be in writing and signed by the Agency.

19.4 Electronic signatures and acceptance by e-mail or online form are binding under the Electronic Commerce Act, 2000 (Ontario).

19.5 Notices are effective when sent by e-mail to the addresses on file. Termination notices must also be sent by courier or registered mail.

19.6 Language: this Agreement is drawn up in English at the express wish of the parties. Translations are for convenience only; the English text governs.

19.7 No waiver: failure to enforce a term is not a waiver of that term.

19.8 Assignment: the Parents may not assign this Agreement. The Agency may assign it to a successor business on written notice.

19.9 Survival: sections 5.4, 7.7, 9.8, 10, 14, 15, 17 and 18 survive termination.