Memorandum of Understanding

Document Sample
Memorandum of Understanding Powered By Docstoc
					 Note: this template is to document a joint understanding
and should not be used as a legal instrument. Consult your
    lawyer if you want a legally enforceable document.

This template has been provided to assist your community organisation. It is provided for guidance

Users are encouraged to seek more information on specific topics and to seek opinion from a legal
practitioner on any employment or legal issue.

Reasonable efforts have been taken to ensure the currency and accuracy of information in this
template. It has been assembled in good faith. The information in this template is provided “as is.”
You make use of it at your own risk and the Department accepts no liability for any claims arising
from use of this template.

This example is of a Memorandum of Understanding for jointly publishing information on a
website. Modify it to meet the needs of your project. Also replace text within angle brackets e.g.
<party one name> as required.

                     Memorandum of Understanding
               <party one name>
and the
               <party two name>
               < Add other parties as needed>
                                                                             (“the Parties”)
<Outline the background leading party one to make this agreement: in this case to provide and
maintain the information.>.
<Outline the background leading party two to make this agreement: in this case to publish the
information on their Website.>.
<Party one> and <Party two> have agreed to work together in the publishing of information for
community and voluntary organisations on the Website.

It is agreed as follows:
1. Purpose: The Parties, whilst recognising the integrity and policies of each other, agree to work
   together in a spirit of partnership and of <other principles: e.g. the articles of Te Tiriti o
   Waitangi> towards achieving their visions of:
       <Vision of Party one; e.g. “Strong families, connected communities.”> and
       <Vision of Party two; e.g. “Serves and connects citizens, communities and government” for
       “strong, sustainable communities / hapu / iwi">.
<Clauses specific to the agreement

<party one> - <party two> Memorandum of Understanding                                      10/11/11
                                               Page 1 of 3
2. Hosting: <Party two> agrees to provide suitable area(s) for community access to <Party one>
   information on the Website.
3. Updates: <Party one> agrees to take responsibility for the accuracy and legitimacy of the
   information content in their area(s) (including any specific disclaimers) and for providing staff
   resources to publish that content on the Website, to keep the information relevant and up to
4. Editorial Control: <Party one> has editorial control over this content; however <Party one>
   agrees to conform to <Party two>’s Website’s policies, guidelines and standards. The content
   that <Party one> publishes on the Website remains the property of <Party one>.
5. Access & Training: <Party two> agrees to provide a user name, password and Internet
   interface to enable <Party one> to input and maintain its content on the Website, training and
   support for <Party one>’ staff in the use of the interface, and email addresses for feedback and
6. Security: <Party one> agrees to keep the username and password secure, and only provide
   them to their trained staff.
7. Costs: <Party one> agrees to bear any significant and pre-agreed additional costs due to
   <Party one> content being hosted on the Website; for example the cost of making changes to
   the Website. Any such costs must be agreed in writing by <Party one> before <Party one> is
   liable for the same.
8. Promotion: The Parties agree to promote the use of the Website to the community and
   voluntary sector, and to keep each other informed of their plans to promote the Website via the
   public media.
End of specific clauses.>
9. Disputes: If any dispute or difference cannot be resolved between the Parties by active, open
   and good faith discussion, the Parties will enter into mediation. However, this Memorandum of
   Understanding (MoU) may be terminated immediately by either party should this Memorandum
   be seriously breached.
10. Review: The Parties will meet to review the operation of this MoU <six months> after signing,
    and at least <annually> after that.
11. Amendment: This MoU may be amended at any time by agreement in writing (including
    email) between the Parties.

Partnership Values
The Parties agree to:
   Work as a team (“the Team”).
   Support each other in finding the most efficient ways to deliver the Project requirements.
   Be open, frank, honest and constructive in all dealings with each other.
   Share work equitably and reasonably, consistent with agreed arrangements.
   Use this MoU as a benchmark against which each Party, and the Team as a whole, can set its
    approach to potential issues of conflict between them as work progresses.
   Optimise the value and benefit delivered to New Zealand community and voluntary
    organisations by the Team.

This MoU commences on the date signed by both Parties and will continue until terminated by
either of the Parties. The terminating party will give as much notice as possible. The Parties will
<party one> - <party two> Memorandum of Understanding                                         10/11/11
                                               Page 2 of 3
seek ways to maintain the information and services available to the community after the
termination of this Memorandum of Understanding.

Communications should be sent to:
For <party one> to:                              For <party two> to:
Name:                                            Name:
Position:                                        Position:
Email:                                           Email:
Phone:                                           Phone:

Any change of contact details should be notified in writing (including email).

Executed as a Memorandum of Understanding.
Signed on behalf of <party one> by:              Signed on behalf of <party two> by:

Signature:                                       Signature:

Name:                                            Name:

Position:                                        Position:

Witnessed by:                                    Witnessed by:

Signature:                                       Signature:

Name:                                            Name:

Position:                                        Position:

Date:                                            Date:

<party one> - <party two> Memorandum of Understanding                                     10/11/11
                                               Page 3 of 3

Shared By: