Schoolzone : Consultancy Terms and conditions
This agreement is between Schoolzone.co.uk Ltd [Schoolzone] and you (the consultant) and sets out the basis on which any project work will be carried out by the consultant on behalf of Schoolzone. Any change to this contract will be notified to the consultant by email and will be available at all times to read online by clicking on the terms and conditions link at http://www.schoolzone.co.uk/register/consultanttandcs.asp
The terms come into force only when you agree to take part in any paid work offered by Schoolzone: normally by email. We will assume that by agreeing to take part in paid work you agree to abide by these terns and conditions. On completion of a Schoolzone invoice proforma (used by you to claim payment for the work done) we will remind you of these obligations: please note that work carried out for Schoolzone is confidential and details should not be disclosed to any third parties.
The consultant will carry out consultancy with the organisation to fulfil the requirements of any project briefing documents supplied by Schoolzone.
Modification to the objectives in the brief may only be made following agreement between the consultant and Schoolzone.
The consultant will produce a written record of the progress and achievements of the consultancy, where requested.
The consultant must return any resources that were provided for the purposes of the project unless stated otherwise at the outset of the project.
The fees payable by Schoolzone will cover the following on a project by project basis:
- The activities outlined in the briefing documents.
- Full co-operation with the requirements of Schoolzone.
- Fees may be on an hourly rate or per task basis as specified in the briefing document.
- Payments may be staged as specified in the briefing document and invoices must be submitted on a project by project basis within 90 days of completion of the activities outlined in the briefing document in order for the consultant to be paid. Invoices submitted later than this deadline will not be paid.
- Schoolzone is not responsible for deduction of Tax and National Insurance which will not therefore be deducted from payments made to contractors. It is the responsibility of the consultant to make his/her own arrangements.
- VAT is not included in the fees detailed unless specifically included, along with a valid VAT reg. no., on the invoice.
5 Contact with Schoolzone and third parties
- If specified in the briefing document, expenses may be paid.
- All receipts must be presented before payment is made. Any travel costs agreed will be the actual mileage rate (at a rate of 25p per mile, or the standard rail fare, whichever is lower).
- All contact with Schoolzone should be made through the contact person specified by Schoolzone for the purposes of each project.
- No changes may be made to the briefing documents unless agreed in writing between Schoolzone and the contractor.
- Any discussion or recommendations arising out of the work which may appear in a final report from the consultancy must be agreed in writing between Schoolzone and the contractor.
- Direct contact with any third party on any matter regarding the project for example, its content, requirements, methodology and results is expressly forbidden unless such contact is specified by the briefing document or as agreed in writing between Schoolzone and the contractor.
7 Materials and copyright
- Schoolzone reserves the right to cancel projects, meetings, events or training courses commissioned as part of this work. In the event of such meetings or events being impossible to reschedule, no fee will be payable for that particular project/ event/course by Schoolzone if 24 hours' notice has been given to the consultant.
- On agreement of the brief with Schoolzone the consultant warranties that they will deliver the project requirements as set out in the brief to the timescales and standards required and agrees to indemnify Schoolzone against any action taken as a result of their failure to do so.
- If in exceptional circumstances, for example reasons of ill health, accident, personal circumstances or otherwise as set out in clause 10, the consultant is unable to comply with the timescale agreed in the brief, and if it is not possible to re-schedule the work to the satisfaction of all parties, Schoolzone may withhold full or part payment of the fee.
- Reports developed and data collected as part of this commission remain the ownership of Schoolzone unless determined otherwise by Schoolzone.
- Any materials developed as part of the consultancy, for which a fee has been paid by Schoolzone, will be owned by Schoolzone, including any source material, such as interviews, questionnaire data, meeting notes etc. The consultant agrees to hand over a copy of these materials to Schoolzone and not to make further use of them without the express permission in writing of Schoolzone, nor to copy them or disclose them to any third party.
- In fulfilling the project brief they will not infringe the copyright or other intellectual property rights of any person.
The consultant agrees and warranties that:
- They will use all appropriate care skill and diligence in carrying out their obligations, tasks and responsibilities under this agreement and any project briefs.
- They will not do any act, or follow any course of action or fail to do any act or follow any course of action nor will they cause any other person to act or to fail to act in such a way as to cause Schoolzone to breach any term or condition of the project brief, except where such failure to act or take such course of action is unavoidable due to events outside the contractors control.
- All work shall be performed and completed in an impartial, timely and diligent manner and that they shall use all the experience, skills, care and diligence in the performance of the work and the discharge of all duties and obligations under this Agreement as may be expected from a person who is an expert in providing such services.
- They will indemnify Schoolzone against any third party action arising out of any negligent, inaccurate or inflammatory actions taken and/or made by the consultant in the carrying out of the project brief.
10 Conflicts of Interest
- The consultant will maintain complete confidentiality in all work relating to Schoolzone or any of its work which may be commissioned by clients, including the fact that they are commissioned to work with Schoolzone, unless agreed otherwise in writing with the contact person. The consultant will not divulge to any other party outside Schoolzone any information, however obtained, relating to Schoolzone's work, administration, services or products, governance or management. The consultant further undertakes not to use such information in any way that may adversely affect Schoolzone's trading activities or standing within its community.
11 Governing Law
- The consultant shall not engage in any personal, business or professional activities, either during the course of or after the termination of this Agreement, which conflict with or could potentially conflict with project briefs placed by Schoolzone.
- The consultant shall notify Schoolzone immediately of any such activities or circumstances that give rise to or could potentially give rise to a conflict of interests and shall advise Schoolzone how they intend to avoid such a conflict arising.
- In the event of a conflict as described in sub-clause (a) above arising during the course of a project, Schoolzone reserves the right to terminate the project and this agreement on giving written notice to the consultant. In the event of such termination the provisions of clauses 5,6,7,8,9 and 11 shall continue to apply.
This Agreement shall be governed by and construed in accordance with the laws of England,
and the English Courts shall have exclusive jurisdiction in relation to any dispute arising under
or in any way connected with this Agreement.
By registering as a consultant you agree to all the above terms and conditions.