Composition of Agreement

The  Agreement will comprise four parts: the Specific Terms, the Standard Terms, the Disability and Child Protection Policy and the Code of Practice.

If there is a conflict between the Specific Terms and the Standard Terms, the Specific Terms shall prevail.

Working Time

The parties each agree that the nature of the Project is such that your working time cannot be measured or predetermined.

Provision of services

You shall provide the Services in a first-class manner and to the best of your skill and ability. When providing the Services you will provide all services as are generally and usually rendered by volunteers with your expertise and knowledge.

During the Engagement Period you will provide the Services as efficiently as possible in collaboration with all people and you shall adhere to the rules and regulations of MAITS including the Disability and Child Protection Policy and the Code of Practice.

If you require changes to the commitment dates or services for any reason you shall notify the relevant person as set out in clause 10 of the Specific Terms at least 2 months prior to your departure date for the visit and provide MAITS with such evidence as MAITS may require.

Data Protection

You consent to MAITS holding and processing data relating to you for legal, personnel, administrative and management purposes and in particular to the processing of any “sensitive personal data” as defined in the Data Protection Act 2018 relating to you including, as appropriate:

(a) information about your physical or mental health or condition in order to monitor sick leave and take decisions as to your fitness for work;

(b) your racial or ethnic origin or religious or similar beliefs in order to monitor compliance with equal opportunities legislation; and

(c) Information relating to any criminal proceedings in which you have been involved in order for MAITS to comply with legal  requirements and obligations to third parties and any other information that MAITS may reasonably require.

You consent to MAITS making such information available to other charities in its group and to those who provide products or services to MAITS such as host or partner organisations, advisers, regulatory authorities, governmental or quasi-governmental organisations. You further consent to the transfer of such information to MAITS’ contacts outside the European Economic area in order to further MAITS’ objectives.

Publicity and Promotion

MAITS may issue publicity and advertising in connection with Project and the Services you provide under this agreement by all means and in all media throughout the world in perpetuity.

Warranties & Indemnity

You warrant, represent and undertake to and with MAITS that:-

• you are fully authorised and entitled to enter into this Agreement;
• you are not subject to any obligation or disability that will or might prevent you from complying with and performing all the conditions and obligations to be complied with and performed in this Agreement, however, this shall not include any disability disclosed to MAITS before execution of this Agreement;
• the products of the Services will be original, except as to matters in the public domain, and will not infringe the rights of any third party;
• you have not done and will not do anything that might or could impair the provision of the Services and that you have no criminal record and that you have not been the subject of an investigation concerning child abuse (in any form);
• you shall not incur any liability on behalf of MAITS nor pledge MAITS’ credit without MAITS’ prior written approval;
• you shall not charge any expenses or costs to MAITS without MAITS’ prior written approval
• you shall exercise all reasonable care during the provision of the Services for your own health and safety and that of other persons who may be affected by your acts or omissions and you shall cooperate as far as it is necessary to ensure that MAITS is able to comply with its legal obligations in relation to the health and safety at work by law;
• at the expiration of the Engagement Period, you shall share with MAITS all photographs,  plans,  files, training materials, presentation, documentation related to the  services provided and any other effects developed while volunteering with MAITS which are then in your possession or under your control;
• you shall not use or be under the influence of alcohol or controlled substances while you are rendering the Services under this Agreement and you shall not do anything which could or would invalidate any of MAITS’ insurance policies taken out in connection with you and/or the Project; and you shall comply with all terms and conditions of MAITS’ insurance policies at all times and no do anything that could bring MAITS into disrepute. 

You indemnify and shall keep MAITS indemnified, from and against all claims, demands, actions, proceedings, costs, damages, losses and expenses, which shall include legal costs, expenses and VAT whether suffered or incurred directly or indirectly by MAITS or any compensation paid or agreed to be paid by MAITS to any third party or arising out of any breach, non-performance or non-observance of any of the covenants, warranties, representations, undertakings and agreements given by you that are contained or implied in this Agreement.

Confidentiality

You shall not, other than to your professional advisers, without MAITS’ prior written consent, make any statement, announcement or give any information directly or indirectly relating to the Services, the Project, this Agreement, the internal affairs of MAITS to any journalist, critic or correspondent of any newspaper or publication or other member of the media or to any person, by whom or in circumstances in which the repetition or publication of any statement, announcement or information might reasonably be anticipated.

You shall not at any time do anything detrimental to or say anything detrimental about the Project, the Services, MAITS or any persons involved in or associated with the Project.

Suspension and Termination

MAITS shall have the right, by written or oral notice, either to suspend or terminate your grant with immediate effect without compensation by reason of your default under this Agreement, or an event of force majeure, without prejudice to any other claim or right that MAITS may have against you and to MAITS’ entitlement to the rights granted under this Agreement including the rights in the products of the Services in this Agreement.

This Agreement shall terminate at the end of the Project. Furthermore, You shall be entitled to terminate this Agreement due to force majeure for which a valid proof shall be required. MAITS is not liable to cover any expenses if the project is terminated for any reason whatso ever.

If You terminate the Agreement whilst you are performing the Services at the Project Base, MAITS shall not be responsible for any expenditure in connection with returning You and/or your belongings to the UK.

Miscellaneous

Any concerns or comments relating to this Agreement or the Project should be raised with MAITS to the relevant person in clause 10 of the Specific Terms.

All Rights granted in this Agreement shall be irrevocable under all circumstances and shall not be subject to reversion, rescission, injunction or other equitable relief in the case of any breach of this Agreement by MAITS. Your remedies shall be limited to an action at law for damages, if any, actually suffered by you.

You will be a volunteer and nothing in this Agreement shall render you an employee, worker, agent or independent contractor of MAITS and you shall not hold yourself out as such.

You shall be fully responsible for and indemnify MAITS against any liability, assessment or claim for: (i) taxation whatsoever arising from or made in connection with the performance of the Services, where such recovery is not prohibited by law; and (ii) any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you or any substitute against MAITS arising out of or in connection with the provision of the Services. MAITS may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to you.

All notices required to be served under this Agreement shall be in writing and may be served by personal delivery, facsimile or by first class post on the parties at their addresses set out in the Specific Terms.

No waiver by the parties of any failure by them to perform any covenant or condition of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of any covenant or condition of this Agreement.

If any clause or any part of this Agreement or its application to any party shall for any reason be adjudged by a court or other legal authority of competent jurisdiction to be invalid, this judgement shall not affect the remainder of this Agreement, the terms of which shall remain in full force and effect.

This Agreement represents the entire agreement between the parties in respect of its subject matter and replaces any previous agreement(s) relating to the subject matter and may be varied only in writing signed by the parties.

The laws of England shall govern this Agreement and the English courts shall have exclusive jurisdiction.

The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no term or condition of this Agreement shall confer or be construed as conferring any right on any third party.