Insert partner logo here DATED 20** UNIVERSITY OF PORTSMOUTH HIGHER EDUCATION CORPORATION. and FULL NAME OF PARTNER MEMORANDUM OF UNDERSTANDING

Transcription

1 Insert partner logo here DATED 20** UNIVERSITY OF PORTSMOUTH HIGHER EDUCATION CORPORATION and FULL NAME OF PARTNER MEMORANDUM OF UNDERSTANDING (General Adv anced Standing) Commencement Date: 20** Term: * years & * months Expires: 31 July 202* CPO w ill complete all dates in this draft upon final approv al of content from the partner Collaborativ e Partnerships Quality Management Division, Academic Registry MOU TEMPLATE gen adv stnd-v docx Pag e 1 of 10

2 INDEX 1 PREAMBLE SERVICES TO BE PROVIDED CONDITIONS MARKETING AND PROMOTION FINANCIAL ARRANGEMENTS ACADEMIC FREEDOM AND EQUAL OPPORTUNITIES BUSINESS ETHICS TERM OF MEMORANDUM DISPUTE RESOLUTION ASSIGNMENT INTELLECTUAL PROPERTY NOTICES AND COMMUNICATION LIABILITY NO PARTNERSHIP THIRD PARTY RIGHTS NON EXCLUSIVITY GOVERNING LAW ENTIRE AGREEMENT... 8 ANNEX ONE... 9 MOU TEMPLATE gen adv stnd-v docx Pag e 2 of 10

3 T hi s Memorandum of Understanding is made between: University of Portsmouth Higher Education Corporation, henceforth referred to as Portsmouth, whose offices are located at University House, Winston Churchill Avenue, Portsmouth PO1 2UP, United Kingdom and Insert Partner s official name henceforth referred to as Partner (insert short version), whose offices are located at insert registered office address, together the Parties and each a Party, whereby it is agreed as follows: 1 PREAMBLE 1.1 The purpose of this Memorandum is to promote study opportunities at Portsmouth to suitably qualified students at Partner. Eligible students shall be considered for entry to Portsmouth courses on an individual basis. 1.2 Details of the various study opportunities are contained within the attached Annex(es). Portsmouth will complete a separate Annex for each Faculty. 2 SERVICES TO BE PROVIDED 2.1 T hi s Memorandum is not supporting a formal articulation arrangement, and Partner should inform prospective students that they shall not automatically be eligible for entry to Portsmouth. 2.2 The Parties agree to provide the following services: Portsmouth will: provide Partner with details of Portsmouth courses for which students may apply for entry, along with details of the Partner courses that will be considered for entry; consider on an individual basis applications from students who have successfully completed a qualification at Partner, which has been approved by Portsmouth as being suitable for advanced standing admission to a degree course at Portsmouth, as detailed in the Annexe(s) to this Memorandum; expect each student to satisfy the Portsmouth requirements for proficiency in the English language; in accordance with UK Visas and Immigration (UKVI), or any successor organisation, and the University of Portsmouth requirements, expect each student to satisfy the requirements for proficiency in the English language; register qualified students onto the appropriate year of the courses, collect tuition fees, provide course delivery and administration at Portsmouth, award credit and, on successful completion of the course of study, award relevant Portsmouth degrees; seek to provide Universi ty living accommodation to successful Partner students for the first year of study in Portsmouth, such accommodation to be booked and the advance rent paid by the date specified by Portsmouth and being subject to the appropriate accommodation fee, which is in addition to the tuition fee; seek to provide pre-entry English language courses to meet the needs of students who do not reach the required levels of English language, such courses being subject to the appropriate course fee, which is in addition to the tuition fee. MOU TEMPLATE gen adv stnd-v docx Pag e 3 of 10

4 Partner will: recruit suitably qualified students to its courses which may be considered by Portsmouth as suitable for advanced standing to selected Portsmouth degrees; inform Portsmouth of any significant changes which are made to the course(s) covered by this Memorandum; promote the study opportunities available at Portsmouth to Partner students and provide its students with access to Portsmouth publicity material; 2.3 Portsmouth reserves the right to limit the number of students accepted onto a course of study via this Memorandum in any one year depending on the Faculty s strategic direction and available resources. 2.4 Both parties will issue appropriate documents for visa purposes in accordance with the current law, although it is ultimately the responsibility of the individual student to obtain an appropriate and valid visa in a timely manner. 3 CONDITIONS 3.1 This Memorandum shall come into force on the date hereof subject to each party obtaining the necessary board approvals and such other necessary approvals, including local regulatory approval, to enter into the Agreement. 3.2 Unless otherwise required by the operation of law and in accordance with the Data Protection Act 1998 (DPA), both Parties will exchange between themselves any Personal Data received and required to be disclosed for the performance of obligations under this Agreement. Both Parties shall keep confidential at all times any and all Personal Data received from the other. No Personal Data received will be divulged to any third party unless permitted by law and with the consent of both Parties. The Parties will agree what use of Personal Data is permitted in accordance with the DPA, notices to, and contracts with Students from time to time. Wherever one Party acts as a data processor for the other, the Parties shall record that in writing and that the data processor Party agrees only to use the Personal Data concerned as instructed by the other Party and in accordance with the seventh principle 1 in the DPA (security of personal data). 3.3 Partner acknowledges that as a UK university, Portsmouth is subject to the Freedom of Information Act (FoIA) and Environmental Information Regulations As such, if Portsmouth receives a FoIA request relating to the partnership agreement with Partner, Portsmouth will inform Partner of the request and the proposed response. Partner will be invited to comment on the proposed response, however, Partner will accept that the decision on the final response rests with the University of Portsmouth. 3.4 The Index and Clause headings used in this Memorandum are for convenience only and will not affect the meaning or construction of this Memorandum. 3.5 This Memorandum supersedes all previous agreements and arrangements, whether written, oral or implied, between the parties relating to the provision of the courses(s) and the servi ces. 3.6 Where permission to translate this Memorandum has been given by Portsmouth, this English version shall be the only one of legal effect. 4 MARKETING AND PROMOTION 4.1 Each Party may make reference to this Memorandum in any advertising or promotion provided that the detail has been discussed with, and agreed by, the other Party. 4.2 Use of the University of Portsmouth logo is not permitted under this Memorandum islation.g ov. uk/ ukpg a/2000/ 36/cont ents MOU TEMPLATE gen adv stnd-v docx Pag e 4 of 10

5 4.3 The Parties reserve the right to request the immediate withdrawal of promotional materials that do not comply with their corporate identity 3 and/or include inappropriate or misleading information. 4.4 The Contacts for the approval of marketing and promotion relating to this Memorandum are detailed in the attached Annex(es). 5 FINANCIAL ARRANGEMENTS 5.1 Nothing in the Memorandum shall be deemed to be a commitment or obligation of funds from either Portsmouth or Partner. 6 ACADEMIC FREEDOM AND EQUAL OPPORTUNITIES 6.1 Portsmouth is committed to maintaining academic freedom and integrity, to operate within an open ethical environment and to ensure equality of treatment and equality of opportunity in education and employment. 6.2 Partner acknowledges that Portsmouth is subject to the requirements of the UK Equality Act and agrees that it shall take all reasonable steps to support the University of Portsmouth deliver to its strategic values of equality, openness, tolerance and respect in accordance with the University Strategy Commented [MA1]: Does Partner have an equivalent Act & University strategy? 6.3 Partner shall make appropriate reasonable adjustments to implement inclusive teaching practices 6 in order to ensure that learning and teaching activities and associated resources provide every Student with an equal and effective opportunity to achieve the intended learning outcomes. 7 BUSINESS ETHICS 7.1 The Parties recognise a mutual commitment to an ethical business and anti-corruption culture 7, and each Party hereby agrees: 7.2 to uphold the highest standards of business ethics in the performance of its responsibilities hereunder and adhere to the general principles of honesty, fairness and integrity in all its dealings; and 7.3 not to accept from, give to or offer to any other Party (or its Affiliates) or to other contractors or suppliers or any other associated persons anything of material value which may be regarded as an improper inducement; and 7.4 to comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption, including but not limited to the UK Bribery Act ; and 7.5 to embrace, support and enact a set of core principles in the areas of human rights, labour standards and the environment in accordance with the UN Global Compact principles A breach of any part of this clause 7 shall be deemed to be a material breach of this Agreement Page 11 of the UK Quality Code Part B Chapter B3: Learning and teaching has a list of suggested resources that describe inclusive teaching practices, available at the following URL: 7 Portsmouth's Anti-Bribery Policy is available at MOU TEMPLATE gen adv stnd-v docx Pag e 5 of 10

6 8 TERM OF MEMORANDUM 8.1 This Memorandum, including related Annexes, shall remain in place for a period of three (3) years from the Commencement Date, dd/mm/yyyy (to be input by CPO upon printing), unless terminated in writing by either Party by giving a minimum of one full academic year s notice to expire on 31 July in any year. 8.2 It shall be subject to revision, modification or renewal at any time by mutual written agreement of both parties. 8.3 Arrangements for renewal will be discussed between the parties at least six (6) months prior to the Memorandum end date. 8.4 Either Party may terminate this Memorandum without compensation immediately by written notice if the other Party: commits any material breach of the terms of this Memorandum and fails to remedy it within twenty eight (28) days after service of a written notice; or does or fails to do anything which brings the other Party into disrepute (including committing an act of fraud or dishonesty whether or not connected with this Memorandum); or at any time unlawfully performs any of its obligations under this Memorandum; or any other event or series of events occurs which, in the reasonable opinion of that Party, renders it impracticable or impossible to observe and fulfil the terms of this Memorandum. 8.5 Notwithstanding the above, if during the term of this Agreement there shall be any change in any law, statutory legislation, policy, rule, practices or regulation in the United Kingdom or any other country and as a result of which there shall be either a material additional cost to a party hereunder, or a party is not able to fulfil a material obligation hereunder, then the Parties shall consult on such change to agree as how to proceed thereafter. If the Parties do not agree on how to proceed within a reasonable period of time, then the Parties may mutually terminate this Agreement. 8.6 Each Party i s required to provide in writing reasonable notice to the other Party of any change to its organisation or ownership, including but not limited to, change of legal status, change of ownership, change of governance, change in financial status, change in financial stability, change to organisation structure, change of name and change of address. 8.7 In the event that there is such a change, Portsmouth reserves the right to undertake a review of the partnership and the Memorandum. 8.8 In the event of termination of this Memorandum, both Parties shall ensure that adequate arrangements have been made to complete all commitments. In particular, it is acknowledged that any student enrolled with Partner at the time of notice of intent to withdraw from the arrangements under this Memorandum will remain eligible for admission to Portsmouth under the terms of this Memorandum. 9 DISPUTE RESOLUTION 9.1 In the event of any dispute emerging, the Parties shall make best efforts to solve the problem amicably and promptly between themselves by negotiation. 10 ASSIGNMENT 10.1 Neither Party may assign, delegate, sub-contract or change this Memorandum or any part of it, without the prior written consent of the other Party. MOU TEMPLATE gen adv stnd-v docx Pag e 6 of 10

7 11 INTELLECTUAL PROPERTY 11.1 All right, title and interest in copyright and other intellectual property rights and all other materials supplied by one Party to the other shall, together with any improvements or modifications at all times remain vested with the supplying Party or original owner Neither Party may gain any right or interest in the other Party s name and logo or the goodwill associated with them, and neither Party may give permission to any third Party to use the other Party s name and logo. 12 NOTICES AND COMMUNICATION 12.1 The Parties shall nominate designated contacts who will on behalf of each institution liaise on strategic matters and review the relationship between the parties. The contacts shall be identified in the attached Annex(es) If the designated contact changes during the course of this Memorandum, it is agreed that a replacement shall be substituted and contact details forwarded immediately. 13 LIABILITY 13.1 Nothing in this Memorandum limits or excludes either Party s liability for death or personal injury caused by that Party s negligence; any fraud or for any sort of other liability which, by law, cannot be limited or excluded Either Party s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Memorandum shall be limited to the Memorandum value. 14 NO PARTNERSHIP 14.1 Nothing in this Memorandum is intended to create, or be deemed to create, the relationship of employer and employee between the Parties. Nothing in this Memorandum shall create imply or evidence any partnership or joint venture between the Parties or the relationship of principal and agent. 15 THIRD PARTY RIGHTS 15.1 The terms set out in this Memorandum are for the benefit of the Parties to this Memorandum and are not intended to benefit, or be enforceable by, anyone else under the Contracts (Rights of Third Parties) Act , and all and any related legislation, guidance and codes of practice from time to time as may be amended, restated or replaced from time to time, or otherwise. 16 NON EXCLUSIVITY 16.1 T hi s Memorandum shall not hinder the collaboration which already exists or will be established in the future by either Party with a third Party. 17 GOVERNING LAW 17.1 The validity, construction and performance of this Memorandum shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties hereby submit, except that a Party may seek an interim injunction in any court of competent jurisdiction MOU TEMPLATE gen adv stnd-v docx Pag e 7 of 10

8 18 ENTIRE AGREEMENT 18.1 This Memorandum, and the conditions and regulations which form part of it, is the entire Agreement between the Parties relating to the Project. If any of our employees or agents has agreed anything verbally at any time, this Memorandum will always take priority By signing this Memorandum the parties demonstrate a commitment to the objectives and spirit of constructive engagement to the provision of services set out here. Portsmouth and Partner confirm their agreement to the matters set out in this Memorandum of Understanding and in any related Annexes: SIGNED by ] duly authorised for and on behalf ] of University of Portsmouth ] Higher Education Corporation ] Professor Graham Galbraith Vice-Chancellor SIGNED by ] duly authorised for and on behalf ] of Partner (in full) ] insert name and full title of Partner signatory Date: MOU TEMPLATE gen adv stnd-v docx Pag e 8 of 10

9 ANNEX ONE Faculty of [separate Annex for each Faculty for ease of reference and updating] This Annex relates to the Memorandum of Understanding for the General Advanced Standing arrangement between Portsmouth and Partner. The MoU clause 8, Term of Memorandum, terms apply. This Annex is valid until 31 July???? (same as front cover). Students will be considered on a case by case basis for entry to the following Portsmouth course(s): Partner Qualification [include course code if know n] Example SWUFE Foundation Program (SFP1) Portsmouth Course [include Lev el 11 of entry & course code earch/] Level 4 (year 1) entry to: BSc (Hons) Forensic Economics C0911S Criteria [include IELTS and minimum component] Satisfactory completion of the SWUFE foundation programme And IELTS 6.0 or equivalent, with no component below 5.5 In all cases, students must achieve the relevant IELTS score or equivalent for the programme of study. Students who do not meet the English language requirement may be offered appropriate Pre-Sessional English courses, at additional cost to them, with entry in the usual manner. Pre-sessional English courses are limited to a maximum of three months duration under the UKVI regulations. Note: Tier 4 applicants who wish to undertake a Pre-Sessional English course must provide evidence of a Secure English Language Test (SELT), with at least B1 in all four components. The Pre-sessional English course will raise the English Language Level to the required B2 for entry to Portsmouth courses. [add any other relevant information here, eg additional entry criteria or language requirements] 11 The University of Portsmouth formerly used the Hig her Education Framework to describe the level of the q ualifications it awarded. Since 2012, the University uses the Framework for Hig her Education Qualifications, FHEQ, to describe the level of its qualifications. The Hig her Education Framework describes the three underg raduat e levels as 1, 2 and 3 and the FHEQ describes these q ualifications as levels 4, 5 and 6 respectivel y. Under the FHEQ, Masters level prog rammes are described as FHEQ level 7 and Doctorate is FHEQ level 8. For more information consult the Framework document: aa.ac. uk/publications/inf or mationandguidance/document s/fheq08. pdf MOU TEMPLATE gen adv stnd-v docx Pag e 9 of 10

10 ANNEX ONE continued Faculty of.. The named Contacts are: For Portsmouth Course / Agreement Contact insert Portsmouth Contact name, position and address Tel: Marketing Contact insert Portsmouth Marketing Contact name and position Tel: For Partner Course / Agreement Contact insert Partner Contact name, position and address Tel: Marketing Contact insert Partner Marketing Contact name and position Tel: SIGNED by ] duly authorised for and on behalf ] of University of Portsmouth ] Higher Education Corporation ] Professor Graham Galbraith Vice-Chancellor SIGNED by ] duly authorised for and on behalf ] of insert full name of Partner institution ] insert name of Partner signatory & position Date: MOU TEMPLATE gen adv stnd-v docx Pag e 10 of 10