AQH-I2-2 Collaborative Provision Agreement
Template for Overseas Partner
Version 4.0 April 2011
Version Occasion of Change Date of Modifications made
Change author modification
1.0 Original placed in S Sutcliffe September 1.1 ref. to Unversity model
Academic Quality 2008 6.1 Programme Admin &
20.1 Equality & Diversity
22.1 Criminal Records
2.0 Contract reviewed S Patience August 2010 Contract reviewed and name
and approved by changed from Memorandum of
Academic Board Agreement to Collaborative
July 2010. Provision Agreement.
3.0 Review D Golding January 2011 Annexe 4 amended to remove
reference to Manor Quay
4.0 Requested by Exec S Sutcliffe April 2011 Change of university signatories
And updated Annexe 3 Financial
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COLLABORATIVE PROVISION AGREEMENT
UNIVERSITY OF SUNDERLAND
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UNIVERSITY OF SUNDERLAND
COLLABORATIVE PROVISION AGREEMENT - OVERSEAS OPERATIONS
THIS AGREEMENT is made between:
1) University of Sunderland, 4th Floor Edinburgh Building, Chester
Road, Sunderland SR1 3SD (the “University”)
2) Name and address. (the “Partner”)
1. OBJECTIVE OF THE AGREEMENT
1.1 This Agreement applies to any and all programmes delivered with the
Partner at the Partner’s premises at ……………… under the
University's model of collaboration as stated at clause 6 below only.
1.2 The Agreement sets down the operational, managerial, quality
assurance and relevant contractual requirements for the delivery of
part-time/full-time programme(s) of study as set out in the Programme
Schedule at Annexe 1 (hereinafter referred to as the “Programme”)
between the Partner and the University leading to the award(s) as
stated in Annexe 1. The Programme(s) listed in Annexe 1 are subject
to an approved Programme Specification and the arrangements for its
operation have been validated and approved by the Academic Board of
the University. No Programme may be delivered prior to such validation
and approval. The University will provide the Partner with an amended
Annexe 1 each time a new Programme is added to the Programme
1.3 The terms and conditions of this Agreement apply to each and every
Programme added to the Programme Schedule at Annexe 1 by the
University during this Agreement.
2.1 In this Agreement, unless the context requires otherwise, the following
words and phrases shall have the following meanings:
2.1.1 “Agreement” means this Agreement, its Annexes and any
subsequent amendments, variations or continuations of this
Agreement for provision of the Programme.
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2.1.2 “Confidential Information” means all information in respect of the
business of each party including, without prejudice to the
generality of the foregoing, any ideas; business methods;
finance; prices; business, financial, marketing, development or
manpower plans; customer and/or student lists or details;
computer systems and software; products and services, including
but not limited to know-how or other matters connected with the
Agreement; and information concerning each party’s relationship
with actual or potential clients, customers, students and suppliers
and the needs and requirements of that party and of such
2.1.3 “Finance Schedule” means the Finance Schedule(s) issued
annually by the University to the Partner in the format as
attached at Annexe 3 in relation to each Programme listed in
2.1.4 “Force Majeure” means any cause preventing a party from
performing any or all of its obligations which arises from or is
attributable to acts, events, omissions or accidents beyond the
reasonable control of the party so prevented including, without
limitation, strikes, lockouts or other industrial disputes, protests,
act of God, war or national emergency, an act of terrorism, riot,
civil commotion, malicious damage, compliance with any law or
government order, rule, regulation or direction, breakdown of
plant or machinery, utilities failure, fire, explosion, flood, storm,
epidemic or default or delays of suppliers or sub-contractors.
2.1.5 “Intellectual Property” means any patent, patent application,
know how, trade mark, service mark, trade name, registered
design, copyright, moral right, design right, database right, semi
conductor topography right or any other industrial or commercial
right including any application for registration or protection of any
of the same anywhere in the world.
2.1.6 “Operations Manual” means the operations manual developed by
the University for the Programme (as in force and amended from
time to time) and provided to the Partner and as referred to in
Annexe 2. The Operations Manual may be amended from time to
time by the University and the Partner will be notified accordingly
of any such amendments.
2.1.7 “Personal Injury” includes without limitation sickness, injury and
2.1.8 “Programme Specification” means the specification for the
Programme approved by the University.. The Programme
Specification may be amended from time to time by or with the
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approval of the University and any such amended version will
replace the earlier version.
2.2 The use of headings in this Agreement shall be for convenience only
and shall not affect the interpretation of any part of this Agreement.
2.3 Reference to any legislative and statutory requirement or similar
instrument shall be deemed to include reference to any subsequent
amendment to or enactment of them.
2.4 Words importing the singular shall include the plural and vice versa and
words importing one gender shall include any gender.
2.5 The expression “person” and words importing “persons” shall include
individuals, bodies’ corporate or unincorporated, authorities and/or other
3 PERIOD OF THE AGREEMENT
3.1 This Agreement commences on date (“the Effective Date”) and will
expire on date unless it has been agreed in writing between the parties
to extend the term of this Agreement or it has been terminated earlier in
accordance with clause 13 below. If this Agreement is entered into
after the Effective Date, it will apply retrospectively to obligations
performed under this Agreement on or after the Effective Date.
3.2 The University will review the performance of the Partner under this
Agreement before agreeing to renew the Agreement, prior to its expiry
as above. The University is under no obligation to renew the Agreement
after its expiry and further may terminate this Agreement at any time
during the term in accordance with clause 13 below if it considers that
the Partner is not performing its obligations under this Agreement to the
3.3 Subject to clause 3.2 above, this Agreement may be extended or
renewed by the written agreement of both parties prior to its expiry.
4 THE OBLIGATIONS OF THE PARTNER
4.1 The Partner agrees to faithfully, diligently and with reasonable care and
skill perform the rights, obligations and responsibilities identified for it
under this Agreement and its Annexes and to exercise such powers
consistent with them which are from time to time necessary in
connection with the delivery of the Programme.
4.2 The Partner agrees to carry out its rights, obligations and
responsibilities in accordance with any guidance or procedures as
notified by the University relating to best practice and will provide such
accommodation, facilities and resources as necessary to support the
delivery of the Programme.
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4.3 The Partner acknowledges the rights, obligations and responsibilities of
the University in relation to delivery of the Programme as identified in
this Agreement and its Annexes and agrees to provide the University
with all reasonable information and assistance as is necessary to
enable the University to perform its rights, obligations and
responsibilities under this Agreement and its Annexes.
4.4 The Partner agrees to keep such records relating to the Programme
and any students enrolled to the Programme as shall be notified to it
from time to time by the University including without limitation up-to-
date records of students’ addresses and contact information and make
such records available to the University and on demand.
4.5 The Partner will ensure at all times to hold such licence or licences or
other approvals as required from time to time by local law for the
purposes of operating its business within that law and will provide a
copy of such licence or licences or approvals to the University upon
request. Failure to hold and/or provide a copy of such current licence
or approval will be considered by the University as a breach of this
Agreement that could lead to its termination.
5 THE RIGHTS AND OBLIGATIONS OF THE UNIVERSITY
5.1 The University agrees to perform the rights, obligations and
responsibilities identified for it under this Agreement and its Annexes in
relation to delivery of the Programme.
5.2 The University will retain full academic control in relation to delivery of
the Programme and its judgment will be final in relation to all academic
5.3 The University will provide the Partner with all reasonable information
and assistance as is necessary to enable the Partner to perform its
rights, obligations and responsibilities under this Agreement and its
6 PROGRAMME ADMINISTRATION AND MANAGEMENT
6.1 The Programme will be delivered at the Partner’s Premises in
accordance with the University’s model of collaboration as identified for
that Programme in Annexe 1 and as set out in Annexe 2. Annexe 2 as
attached to this Agreement sets out the model of collaboration for the
current Programme under this Agreement. Where Programmes are
added to the Agreement operating under different models of
collaboration, additional versions of Annexe 2 (for example as Annexe
2A etc) will be provided by the University to the Partner as appropriate
for such Programmes.
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6.2 The provisions for programme administration and management and
quality assurance of the Programme are included in Annexe 2 and may
be amended from time to time by the University.
6.3 The parties agree to abide by the provisions of the Annexe 2 as
applicable to the Programme and the Operations Manual in performing
their obligations under this Agreement.
6.4 The Partner acknowledges the overriding responsibility of the University
for the continuing quality assurance of the Programme and its
composite modules and that the University may, entirely at its own
discretion, at any time determine that the Programme or any of its
modules be suspended or terminated should it no longer meet the
University’s quality assurance requirements.
6.5 It is a fundamental condition of this Agreement that the Programme is
taught and assessed in English and the Partner agrees to comply fully
with this provision.
7 AWARD PARCHMENT
7.1 The award parchment produced for successful students of a
Programme by the University shall state that the student has been
awarded the award as stated in Annexe 1 for that Programme. The
location of study and, where the Partner is an overseas institution, the
fact that the programme was taught and assessed in English shall be
recorded on the accompanying transcript and the award parchment
shall make reference to that transcript.
7.2 In the event of the introduction of any new requirements in the future by
the Quality Assurance Agency or any body with jurisdiction over the
overseas/UK (as appropriate) collaborative activities of the University,
the University reserves the automatic right to implement amendments to
the parchment. Any such amendments will not retrospectively affect
students already registered to a current Programme prior to the
implementation of the amendments unless the bodies concerned take
statutory powers to that effect.
8 FINANCIAL ARRANGEMENTS
8.1 Financial arrangements in respect of fees, funding and inter-party
payments for each Programme under this Agreement are as set out in
the Finance Schedule to be issued by the University in the format as
shown in the model Finance Schedule attached at Annexe 3. The
Finance Schedule(s) will be reviewed and re-issued annually by the
University to the Partner throughout the term of this Agreement and the
University reserves the right to make such amendments as it deems
necessary at each annual review.
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8.2 Save as set out in the Financial Schedule(s), neither party shall have
the authority to incur any financial or other obligation on the part of the
other party without the prior consent in writing of the other party.
9 INTELLECTUAL PROPERTY
9.1 Any and all Intellectual Property existing in any information, materials or
any other format provided by the University to the Partner for the
purposes of performing this Agreement remains the property of the
University and no rights or licences to use such Intellectual Property are
granted or implied to the Partner by virtue of this Agreement save that
the Partner may use such Intellectual Property only to the extent
required to deliver the Programme under this Agreement and only for
the duration of this Agreement.
9.2 Any Intellectual Property rights in documents or products or materials
developed by the University under this Agreement shall be the property
of the University.
9.3 Any Intellectual Property rights in documents or products or materials
developed by the Partner under this Agreement shall be the property of
9.4 Any Intellectual Property rights in documents or products or materials
developed jointly by the Parties to the extent that it is not possible to
separate each Party’s contribution will be owned jointly by the Parties.
Where a Party wishes to independently commercially exploit such jointly
owned Intellectual Property outside of this Agreement it may only do so
with the prior written consent of the other party which will include an
agreement to pay the other party a fair and reasonable sum from any
revenue earned in recognition of the other party’s input.
9.5 Where any Intellectual Property is generated by a party under this
Agreement that party agrees that the other party may use such
Intellectual Property as is necessary for the delivery of the Programme
under this Agreement for the duration of this Agreement but for no other
9.6 The parties agree that any Intellectual Property rights in documentation
or products developed solely by any student in connection with or whilst
participating in the Programme shall be the property of the student.
Where the documentation or products are developed jointly between
any student and either party, that party and the student shall agree
between them the ownership of any Intellectual Property rights.
10.1 All Confidential Information and any other information and/or materials
supplied by one party (the “Disclosing Party”) to the other party (the
“Receiving Party”) under this Agreement is to be treated as confidential
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by the Receiving Party, and their respective employers and agents,
unless agreed for disclosure by the Vice-Chancellor/Principal/Chief
Executive of the Disclosing Party. Save where required to be disclosed
pursuant to any law, regulation or the order of any Court of competent
jurisdiction, the Receiving Party agrees not to use any such Confidential
Information or other information and/or material of the Disclosing Party
except in delivery of the Programme under this Agreement and agrees
not to disclose the same to any third party without first obtaining the
Disclosing Party’s prior written consent.
10.2 At the end of the Agreement, the Receiving Party will immediately deliver
to the Disclosing Party all materials, records, databases, documents and
other papers that are in the Receiving Party’s possession, custody or
control and that are the Disclosing Party’s property, or that otherwise
relate to the Disclosing Party’s business, and the Receiving Party will not
retain any copies.
11 HEALTH AND SAFETY
11.1 In performing their respective obligations under this Agreement, the
parties agree to comply with all relevant requirements relating to health,
safety and welfare at work, whether contained in legislation or
otherwise, that exist in the country in which the Programme is delivered.
11.2 The Partner will be responsible for the health, safety and welfare of the
students registered to the Programme when they are on the Partner’s
Premises and will ensure that all such students are made aware of its
regulations and procedures relating to health, safety and welfare.
12.1 No variation or amendment of this Agreement will be effective unless it
is made in writing and signed by both parties. Where amendment is
proposed, the University reserves the right to consider such proposal in
the context of a validation/approval event; the form of which shall be
determined by the University.
13.1 This Agreement will terminate automatically on XXXXXX unless it has
been agreed in writing between the parties to extend the Agreement or
it has been terminated earlier in accordance with clauses 13.2 to 13.6
13.2 Either party may terminate this Agreement with immediate effect by
giving notice to the other if:
13.2.1 the other is in breach of any provision of this Agreement and (if it
is capable of remedy) the breach has not been remedied within
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30 days after receipt of written notice specifying the breach and
requiring its remedy; or
13.2.2 the other becomes insolvent, or if an order is made or a
resolution is passed for its winding up (except voluntarily for the
purpose of solvent amalgamation or reconstruction), or if an
administrator, administrative receiver or receiver is appointed
over the whole or any part of the other’s assets, or if the other
makes any arrangement with its creditors.
13.3 The Partner shall immediately inform the University in writing of any
proposal or negotiations which may or will result in a merger, take-over,
change of control, change of name or status of the Partner. A change
of control shall mean in the case of a partnership if as a result of the
proposal more than 50% of the partners in that partnership shall cease
to be partners or those partners who were partners in the partnership
prior to the change will cease to be 50% or more of the partners in the
partnership. The Partner shall comply with any request by the
University for information arising from this condition. Where there is a
change of control of the type referred to in this clause and the
University has not agreed in advance in writing to the particular change
of control, the University may terminate this Agreement by giving the
Partner one (1) month’s notice in writing.
13.4 Either party may terminate this Agreement at any time for any reason
on giving the other party twelve (12) months notice in writing. Within 14
days of receipt of such notice (by either party as the case may be), the
University will notify the Partner in writing of the last available intake
date for a cohort of students to commence the Programme under this
Agreement. The Partner will not allow any student or cohort of
students to commence the Programme beyond this last intake date and
for the avoidance of doubt the provisions of clause 13.9 below will not
apply to any students which the Partner may attempt to enrol beyond
the last intake date.
13.5 If either party is incompetent, guilty of gross misconduct and/or any
serious or persistent negligence or breach of its obligations under this
Agreement, the other party shall have the right to terminate the
Agreement forthwith by notice in writing to the party in breach.
13.6 If the Partner fails to operate a Programme within two years of the
commencement of this Agreement, or ceases to offer either the
Programme or modules contained therein for a period of two years, or
fails to meet the minimum cohort for the Programme as defined in the
Finance Schedule, then the Agreement may be deemed by the
University to be suspended pending re-approval in relation to that
Programme but will continue in respect of all other current Programmes
in operation. In such circumstances, the Partner is expressly prohibited
from offering such Programme until re-approval has been obtained.
The terms of the re-approval will be determined by the University, which
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may include a further visit to the Partner's Premises, gathering of new
information on resources and the financial stability of the Partner.
13.7 For the avoidance of doubt, any act or omission by the Partner which
has the effect or the potential to bring the University into disrepute may,
at the sole discretion of the University, be considered to be serious
negligence or breach under clause 13.5 above.
13.8 Paragraphs 4.4, 8.2, 9, 10, 11, 13.8, 13.9 and 15 to 22 will survive the
termination or expiry of this Agreement for any reason and continue
13.9 Where this Agreement is terminated prior to its expiry and other than on
grounds of Force Majeure:
13.9.1 the parties agree, subject to the discretion of the University, to
ensure that students already enrolled on the Programme prior to
the date of termination shall be given opportunity to complete the
Programme within the normal prescribed period and the Partner
agrees to co-operate with the University so as to ensure that any
such students are enabled to complete the Programme; and,
13.9.2 where 13.9.1 applies, the obligations of both parties shall be
carried out in all aspects in accordance with the terms of this
Agreement as applicable prior to termination, save and except
that no new students shall be admitted to the Programme.
14. FORCE MAJEURE
14.1 If the performance of either party of any of its obligations under this
Agreement is delayed or prevented by any event of Force Majeure, that
party will not be in breach of this Agreement because of that delay in
performance. However, if the delay in performance is more than 3
months, the other party may terminate this Agreement with immediate
effect by giving written notice and in such circumstances the parties
agree that any current students will be refunded any fees paid in
advance for the Programme on a pro rata basis according to the
proportion of the course which each student has already attempted.
15. UNIVERSITY NAME & LOGO / PUBLICITY MATERIAL
15.1 The Partner may not use the name and/or logo(s) of the University for
any purpose other than as expressly permitted under this Agreement
and only in accordance with the provisions of 15.2 and 15.3 below.
15.2 Where use of the University’s name and/or logo is envisaged by the
Partner, prior approval shall be required from the University.
Authorisation to use the University name and/or logo does not imply
right of exclusive use. It does not permit the Partner to appropriate the
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University name and/or logo, whether by registration or by any other
15.3 Where authorisation to use the University name and/or logo is given to
the Partner, such use must only be in the format expressly stated by
the University when providing the name and/or logo and only for the
permitted duration. Any use outside of the use that has been
authorised will result in immediate suspension or termination of such
authorisation and may be considered by the University to be a breach
of this Agreement which could lead to its termination.
15.4 The Partner agrees to notify the University in advance, and where
requested provide copies, of any publicity material developed by and/or
to be used by the Partner to promote the Programme in whatever form
and on or by whatever medium whether or not the University name
and/or logo is used in such publicity material. The University reserves
the right to approve such publicity material if it so wishes prior to it
being used by the Partner and in such cases the Partner agrees to
make any such changes as required by the University. The Partner is
solely responsible for the use it makes of the publicity material and for
the information contained therein and will indemnify the University and
keep it fully and effectively indemnified against any and all liability,
claims or proceedings that arise as a result of the publicity material
and/or the information contained therein.
16. LIABILITY & INDEMNITY
16.1 Notwithstanding the provisions of 16.2 and 16.3 below, any and all
students registered on the Programme by the Partner will at all times
remain the responsibility in law of the Partner save and to the extent as
may otherwise be permitted or required by law. Such responsibility
includes, but is not limited to, the Partner providing adequate public
liability insurance cover for the students while they are on the Partner’s
Premises (at least in accordance with clause 17 below).
16.2 Each party to the Agreement shall indemnify the other and keep the
other at all times fully and effectively indemnified against any loss of or
damage to any property or Personal Injury of any person (including any
and all expenses, claims or proceedings of any nature whatsoever)
caused by any negligent act or omission or wilful misconduct of that
party, its employees, agents, or sub-contractors.
16.3 Each party to the Agreement shall indemnify the other and keep the
other at all times fully and effectively indemnified against all losses,
liabilities and expenses the other may suffer or incur as a consequence
of any breach or non-observance on its part of any of the provisions of
this Agreement Provided Always that neither party shall be liable to the
other for any indirect or consequential damages or losses, or any loss of
profits, loss of revenue, loss of data, loss of contracts or opportunity
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17.1 The Partner shall carry appropriate insurance(s) with a reputable
company (or such other provider as is required by local law of the
country where the Programme is being delivered) covering property
damage, business interruption and general liability insurance to protect
its own business interests and to cover its liability arising pursuant to its
obligations and/or liabilities under this Agreement including without
limitation insurance against third party loss or damage, fire, theft or
accidental damage of University property and shall provide evidence of
its compliance with this clause as the University shall reasonably
require from time to time.
18. DATA PROTECTION & DATA SHARING
18.1 The Partner acknowledges that the University is bound under English
law by the Data Protection Act (1998) (“DPA”) in its handling and
processing of personal and sensitive data. The Partner agrees to
ensure that it is familiar with the terms of the DPA and agrees to
observe similar data protection principles in its handling and processing
of personal and sensitive data under this Agreement, particularly with
reference to the transfer of student data to and from the University.
The parties acknowledge that any failure to observe appropriate data
protection principles may constitute a breach of this Agreement. In
particular personal data relating to students:-
18.1.1 obtained only for one or more specified purposes, shall not be
further processed in any manner incompatible with that or those
18.1.2 shall be adequate, relevant and not excessive in relation to the
purpose or purposes for which they are processed;
18.1.3 shall be accurate and, where necessary, kept up to date;
18.1.4 shall not be kept for any longer than is necessary for that
purpose or those purposes and appropriate technical and
organisational measures shall be taken against unauthorised or
unlawful processing of personal data and against accidental loss
of, destruction of or damage to, personal data;
18.1.5 shall not be transferred to a country or territory outside the
European Economic Area unless that country or territory
ensures an adequate level of protection for the rights and
freedoms of data subjects in relation to the processing of
18.2 The parties agree to share between them all data relevant to the
delivery of the Programme. Where the Partner is responsible for
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registering and/or enrolling students to the Programme, it agrees to
ensure that all students are aware of (and consent to) the University’s
Data Sharing Policy and the Education Act Notice as set out in Annexe
19. EQUALITY AND DIVERSITY
19.1 The Partner warrants that its own practices and procedures comply
with all relevant legislation under local law of the country in which the
Partner operates to promote positive attitudes to difference and to
prevent unlawful discrimination and will use its reasonable endeavours
where possible under such local law to comply with the University’s
Policy on Equality and Diversity (www.sunderland.ac.uk/regulations).
The Partner agrees to provide such information as is required by the
University to support its compliance with this clause and agrees to co-
operate with any investigation by the University or such other
empowered body under the relevant legislation.
20. FREEDOM OF INFORMATION
20.1 The Partner acknowledges that the University is subject to the
Freedom of Information Act 2000 (or as amended from time to time)
(“the Act”) and that in accordance with its legal duties under the Act the
University may be required to disclose information relating to this
Agreement. Where requested, the Partner agrees to provide such
assistance as the University requests to enable it to comply with its
duties under the Act.
21. CRIMINAL RECORDS
21.1 Each party shall be responsible for ensuring that, where required by the
University and as far as is permissible under local law, any and all of its
staff who deliver the Programme or any part of it under this Agreement
receive satisfactory clearance (as determined by the University) in
relation to criminal records and medical history and where appropriate
will provide evidence of such clearance to the other party on request. If
any of the Partner’s staff are unable to provide such clearance, the
University reserves the right to require the Partner to prevent those
staff from delivering the Programme or any part of it. The University
may require the Partner to undertake subsequent clearances during
this Agreement, but in any event the Partner to is to take steps to
ensure that such of its staff for whom the clearances have been
obtained are required to notify it of any circumstances that may affect
the result of such clearances arising and the Partner is to inform the
21.2 Where the Partner is responsible for registering and/or enrolling
students on the Programme, it agrees to ensure that such students,
where appropriate, receive satisfactory clearance in relation to criminal
records and medical history prior to their enrolment on the Programme
and to provide evidence of such clearance to the University on request.
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The University may refuse to allow enrolment of any student to a
Programme who is unable to provide evidence of such clearance.
22.1 Notices: Any notice to be given under this Agreement must be in
writing to the respective party’s named representatives (until changed
by notice given in accordance with this paragraph) as follows:
For the University:
In relation to this Agreement
Name: Professor Julie Mennell
Deputy Vice Chancellor
Address: University of Sunderland
4th Floor Edinburgh Building
SR 1 3SD
For the Partner:
In relation to this Agreement
Name : XXXXXX
22.2 Assignment: Neither party may assign or transfer this Agreement or
any part of it without first obtaining the written consent of the other
22.3 Sub-contracting/serial validation: The Partner is expressly prohibited
from sub-contracting any of its rights, benefits and/or obligations under
this Agreement. For the avoidance of doubt, this includes but is not
limited to a prohibition against the Partner sub-contracting the
Programme validation rights under this Agreement to third parties.
22.4 Illegal/unenforceable provisions: If the whole or any part of any
provision of this Agreement is void or unenforceable in any jurisdiction,
the other provisions of this Agreement, and the remaining part of the
void or unenforceable provision, will continue in force in that
jurisdiction, and the validity and enforceability of that provision in any
other jurisdiction will not be affected.
22.5 Waiver of rights: If either party fails to enforce, or delays in enforcing,
an obligation of the other party, or fails to exercise, or delays in
exercising, a right under this Agreement, that failure or delay will not
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affect that party’s right to enforce that obligation or constitute a waiver
of that right. Any waiver of any provision of this Agreement will not,
unless expressly stated to the contrary, constitute a waiver of that
provision on a future occasion.
22.6 Entire Agreement: This Agreement constitutes the entire agreement
between the parties relating to its subject matter. The parties each
acknowledge that they have not entered into this Agreement on the
basis of any warranty, representation, statement, agreement or
undertaking except those expressly set out in this Agreement. The
parties waive any claim for breach of this Agreement, or any right to
rescind this Agreement in respect of any representation which is not an
express provision of this Agreement. However, this paragraph does
not exclude any liability which either party may have against the other
(or any right which either party may have to rescind this Agreement) in
respect of any fraudulent misrepresentation or fraudulent concealment
prior to the execution of this Agreement.
22.7 Partnership/Agency: Nothing in this Agreement shall be construed as
creating a partnership, a contract of employment or a relationship of
principal and agent between the University and the Partner. Neither
party has any authority to make any representation or commitment, or
to incur any liability, on behalf of the other.
22.8 Formalities: Each party will take any action and execute any
document reasonably required by the other party to give effect to any of
its rights under this Agreement, or to enable their registration in any
relevant territory provided the requesting party pays the other party’s
22.9 Third parties: No one except a party to this Agreement has any right
to prevent the amendment of this Agreement or its termination, and no
one except a party to this Agreement may enforce any benefit
conferred by this Agreement, unless this Agreement expressly provides
22.10 Governing Law: This Agreement is governed by, and is to be
construed in accordance with, English law. The English Courts will
have exclusive jurisdiction to deal with any dispute which has arisen or
may arise out of, or in connection with, this Agreement, except that
either party may bring proceedings for an injunction in any jurisdiction.
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Signed on behalf of the University: Signed on behalf of the Partner:
Professor Peter Fidler Name
Vice Chancellor and Chief Executive Position
University of Sunderland Partner name
Date: …………………… Date: ...........................
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ANNEXE 1 – issued
The following Programme Schedule lists all Programmes to be operated under
this Agreement and may be amended by the University from time to time as
each new Programme is added.
The University will provide the Partner with an amended version of this Annexe
1 following the addition of each new Programme to the Programme Schedule.
The amended Annexe 1 will replace the previous version with immediate
All Programmes listed below are further defined in the relevant Programme
Specifications approved by the University during the validation process and
provided to the Partner (as amended from time to time). The University
reserves the right to amend a Programme Specification as it sees fit and to
provide the Partner with a revised version that will be effective immediately
under the terms of this Agreement.
Programme Title Award Mode of Model of
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ANNEXE 2: MODEL XX
DEFINITION AND PROCESSES
A: DEFINITION AND RESPONSIBILITIES
B. POLICIES AND PROCEDURES
Recruitment and Admissions
Allocation of Student Numbers
Registration and Student Records
Assessment, Parchments and Transcripts
Programme and Partner Reviews
Complaints, Appeals and Disciplinary Procedures
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This Finance Schedule is issued by the University to the Partner by their
mutual agreement under the terms and conditions of the Collaborative
Provision Agreement dated ……………………….
This Financial Schedule is effective from ………. to …………………..
The gross fee to be paid to the Partner by each student for the Programme is
as detailed below. Partner must pay the net fee for the programme (detailed
below) to the University of Sunderland in full or by 2 equal instalments.
1.1 Option 1 Payment in Full
If the payment is to be made in full the invoice will be issued in full at
the close of the registration period indicated below.
1.2 Option 2 Payment in two instalments
If the fees are to be paid in two instalments, the invoice will be issued in
full at the close of the registration period indicated below. Each
instalment must be paid by the due date otherwise the student will not
be permitted to continue on the programme.
The Partner must agree to one payment option in this Finance Schedule and
this will apply to all Faculties and all programmes. By signature of this
Financial Schedule the Partner is deemed to be in agreement that all
payments will be made in accordance with the option chosen. If payments are
not paid in the agreed manner the University may suspend the Partner from
further recruitment and further such delay in payment may result in
termination of the Collaborative Provision Agreement in accordance with
Please note that parchments cannot be issued until the Partner has paid in full
the net fee due to the University.
Payment must be returned to the University no later than the due date
specified together with a list of students to which the payment refers and
making reference to the relevant invoice number.
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The Partner is responsible for payment of all fees for students enrolled
irrespective of whether the fee has been collected from the student
Option 1 – Payment in full
Full schedule of payments for intakes over 12 months
The tables below are an example of when payments would
become due and in your specific financial schedule the
relevant intake, invoice and payment dates will be indicated.
Intake Invoice Payment due
September Beginning December Beginning January
January Beginning April Beginning May
May Beginning August Beginning September
Option 2 – 2 payments
Full schedule of payments for intakes over 12 months
Intake Invoice 1st Payment due 2nd Payment due
September Beginning December Beginning January Beginning April
January Beginning April Beginning May Beginning August
May Beginning August Beginning September Beginning December
The programmes and fee payment schedule to which this annexe applies are
Programme Faculty Minimum Net fee per Minimum number
Gross fee student of students
Tax – The Partner is responsible for paying any local or other taxes incurred
by it in connection with the gross fee. The net fee payable to the University is
payable in full and the Partner is not permitted to make any deductions from it.
If a student is required to repeat a module there will be a charge of
£................... per module.
If a student is required to re-take an assessment the fee will be £75.
Teaching must not start until written approval has been given on behalf of
University of Sunderland for that cohort to commence. Any cohort which is
started without written agreement will not be supported by the University.
Potential students must be made aware by the Partner that the Programme
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will only run on the advertised start date if there are sufficient students to
make that cohort viable.
Only in the event that the Programme does not commence or a decision to
prematurely stop the Programme is made by the University will a refund of
fees be payable for incomplete modules within the stage to which the students
are enrolled on a pro-rata basis.
If a student withdraws, a withdrawal form must be completed or written
confirmation of withdrawal sent to the University of Sunderland. After the
student has enrolled full fees will be due regardless of withdrawal.
By signature of this document I agree that all payments are to be made as
indicated (please tick relevant box).
In full (1.1) □
By two instalments (1.2) □
Signed on behalf of the Partner
Signed on behalf of the University
Mrs Shirley Atkinson
University of Sunderland
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University’s Data Sharing Policy and Education Act Notice
DATA PROTECTION ACT 1998
The University of Sunderland is registered as a data user with the Office of the
Information Commissioner. The University holds data relating to its students
for a variety of purposes. These include:-
maintenance of the student record (including personal and
academic details,) and management of academic processes (for
example, academic audits, examination boards and awarding of
the management of student accommodation
alumni operations, including fund-raising
the provision of advice and support to students (via, amongst
others, Student Services, Student Accommodation Service, the
Counselling Service, the Students’ Union and the Careers Service)
The University (via academic departments, Student Services, and other
ancillary departments) discloses student information to a variety of recipients,
employees and agents of the University (on a need-to-know basis
students’ sponsors (including LEAs, the Student Loan Company,
funding councils and agencies acting on their behalf)
relevant government departments or agents acting on their behalf to
whom the University has a statutory obligation to release
information (including the Higher Education Statistics Agency, the
Home Office and Council Tax officers)
current or potential employers of students
current or potential providers of education to students including
partner or franchise institutions in connection with the delivery of
academic programmes of education
the providers of the Campus Card
NB. Disclosures to persons or institutions not listed above will be made only
with student permission unless exceptional circumstances apply, as provided
The University undertakes to maintain student data in secure conditions and
to process and disclose data only within the terms of its Data Protection
Notification. The details above indicate the nature of this notification but are
not exhaustive – the University's Data Protection Officer should be contacted
if students have any specific questions. Please note that the University is
reliant on students for much of the data it holds: please help the University us
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keep records up-to-date by notifying any alterations to student addresses,
personal details, or course enrolments.
Under the Data Protection Act 1998 an individual has the right to a copy of the
current personal information held on him/her by the University and a right to
raise an objection to data processing that causes damage and distress. For
details of these procedures please contact the University's Data Protection
It should also be noted that, in accordance with tradition, in many cases
assessment results are published openly within this University. By applying to
enrol on a course of study with the University students consent to the
processing of personal data in the way described above and also in terms of
the right to privacy under the Human Rights Act, 1998.
EDUCATION ACT 1994
Under the provision of the Education Act 1994 any student has the right not to
be a member of a students’ union and not to be unfairly disadvantaged with
regard to the provision of services, or otherwise, by reason of having
exercised that right. At the University of Sunderland all students, members
and non-members alike, have in general the right of access to services
provided by the University and the University of Sunderland Students’ Union
(USSU). However, there are some rights which are not extended to non-
members, and these include the following:
(i) the right to participate in USSU and NUS (National Union of Students)
elections and decision-making processes, including those of clubs and
(ii) the right of USSU and NUS representation,
(iii) the right of access to USSU bars, and certain USSU commercial activities,
except as guests of members,
(iv) the right to commercial advantages negotiated for the benefit of USSU
and NUS members.
Please note, at the current time USSU is not affiliated with NUS and runs
as an independent student union. Should the affiliation to NUS change
in the future, the University will notify the Partner accordingly.
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