PLACEMENT YEAR CONTRACT

THIS AGREEMENT is made BETWEEN:

(1)       THE UNIVERSITY OF DURHAM, whose address is at The Palatine Centre, Stockton Road, Durham, DH1 3LE (the “University”)

(2)       Your organisation whose name, registration number and registered address will be provided when using the link provided to sign the document (the “Placement Provider”).

The aforesaid organisations are hereinafter referred to individually as “Party” and collectively as “the Parties”

WHEREAS

(A)       It is an optional element for students undertaking any undergraduate course at Durham University to fulfil a Placement Year as part of their degree. The Placement Year will be undertaken by the Student as an additional year to their degree. 

(B)       The Parties acknowledge that the terms of this Agreement are to govern the Placement Year to enable the Student to gain first-hand work experience (the “Placement”). 

(C)       The Parties further acknowledge that in the course of the Placement Year the Parties may be exposed to proprietary and commercially valuable information or materials of the Placement Provider and/or the University.  All Parties recognise the importance of holding in confidence such information or materials.

            DEFINITIONS

1.1       In this Agreement the following expressions will have the following meanings:

1.1.1    “Departmental Representative(s)” means the University’s module teaching team(s) and University approved external examiners or their successor(s) as communicated to the Placement Provider;

1.1.2    “Arising Intellectual Property” means any Intellectual Property Rights arising from and developed in the course of the Placement by any of the Parties;

1.1.3    “Background Intellectual Property” means Intellectual Property Rights controlled or owned by any Party prior to the date of the commencement of this Agreement or Intellectual Property Rights developed independently from the Placement by the Party introducing it or third party from which it was derived;

1.1.4    “Confidential Information” means all information designated as such in writing together with all other information which relates to the business, affairs,  developments, personnel of either Party or information which may be reasonably regarded as the Confidential Information of the Disclosing Party;

1.1.5    “Faculty Placement Manager” means the staff member as listed in the ‘Placement Details’ section or his/her successor as communicated to the Placement Provider;

1.1.6    “Placement Provider Representative” means the representative as listed in the ‘Placement Details’ section or his/her successor as communicated to the University;

1.1.7    “Intellectual Property Right” means any patent, registered design, copyright, database right, design right, trade mark, application to register any of the aforementioned rights, trade secret, right in unpatented know-how, right of confidence and any other intellectual or industrial property right of any nature whatsoever in any part of the world;

1.1.8    “Placement Year” means the period of time as listed in the ‘Placement Details’ section.

1.1.9    “Student” means the student as listed in the ‘Placement Details’ section and the student enrolled at the University undertaking the Placement Year.

2.         THE UNIVERSITY OBLIGATIONS

2.1       The University warrants that the Student will at all times conduct themselves as is reasonable to expect from an individual working towards an undergraduate degree.

2.2       The University does not warrant that the work carried out under or pursuant to the Placement will lead to any particular result or outcome.

2.3       The University will prepare the Student for the Placement and ensure they are aware of general health and safety aspects; it should be noted this is only general in nature and will not cover any of the specific information needed for any particular job or workplace.

2.4       The University will appoint a Departmental Representative or Faculty Placement Manager to visit the Placement Provider prior to the placement and / or to visit the Student during the period of the placement (this will be agreed with the Placement Provider dependent on level of risk). The University shall be entitled to raise queries and receive prompt answers and clarifications from the Placement Provider regarding the Placement Provider’s workplace health and safety arrangements, including those of any third parties with whom the Student will be required to engage with and/or visit in the course of the Placement.

2.5       The University will provide the opportunity for the Student to feedback to the University any problems they have encountered or concerns they have prior to, during or following a placement with regard to health, safety and welfare.

2.6       The University will respond to any positive and negative feedback relating to health, safety and welfare during their placement by informing the Placement Provider.

2.7       The University will undertake a risk profiling process; this will be available to both the Placement Provider (upon request) and the Student.

3.         THE PLACEMENT PROVIDER OBLIGATIONS

3.1       The Placement Provider will sign and return this Agreement to the Faculty Placement Manager no less than thirty (30) days prior to the start of the Placement.

3.2       The Placement Provider will treat the Student as they would one of their employees with regard to the Student’s health, safety and welfare. They will fulfil the obligations of the Health and Safety at Work Act 1974.  The Student will be covered under the Placement Provider’s employee and public liability insurances for the Placement Year.

3.3       The Placement Provider will provide the Student with an induction in the workplace health and safety arrangements, including but not limited to arrangements in the event of a fire; in the event of an accident or incident and with regard to the specific hazards that may be encountered in the workplace and the health and safety precautions. Where the Placement Provider requires the Student to work with third parties or at a location other than the Placement Provider’s place(s) of work, the Placement Provider will carry out appropriate checks in respect of such third parties and locations to ensure the safety of the Student, including ensuring appropriate health and safety arrangements are in place.

3.4       The Placement Provider will have a plan of the work to be undertaken by the Student under the Placement and associated health and safety training to be undertaken ensuring that both the Student and Placement Provider comply with appropriate health and safety legislation.

3.5       The Placement Provider will ensure the Student has a Provider Representative within the work environment and that the Student knows who to contact in the workplace regarding any health, safety and welfare issues.

3.6       The Placement Provider will include the Student in the risk assessment process for the activities they are involved in and ensure they are aware of the risk and control measures associated, taking into consideration that the Student may lack experience in the activity.

3.7       The Placement Provider will provide appropriate information, instruction, training and supervision in working practices and in the relevant control measures as identified by the Student’s risk assessment to allow them to fulfil their role.

3.8       The Placement Provider will have a system for recording and investigating accidents and incidents.

3.9       The Placement Provider will promptly notify the Faculty Placement Manager of any accidents and incidents or welfare issues involving the Student, as soon as reasonably possible.

3.10     The Placement Provider will facilitate access to the Student for visits by their nominated Departmental Representative and/or Faculty Placement Manager, by prior agreement. Such agreement is not to be unreasonably withheld or delayed. During the Placement Year the Placement Provider will permit the Student to travel back to the University for the purposes of meeting any compulsory academic commitments. The Placement Provider shall be given notification of any such planned or required return.

3.11     In cases of serious breaches of discipline by the Student or if they fail to attend the workplace, other than where notified due to illness, the Placement Provider will inform the Faculty Placement Manager. This is particularly pursuant to immigration regulation for international students on a Tier 4 student visa.

3.12     Where the Student will be working with vulnerable adults or children/young people the Placement Provider will ensure the Student receives the appropriate training and they are recruited in accordance with local safeguarding policies.

3.13     The Placement Provider will be responsible for undertaking any pre-employment checks prior to the Placement and these will apply to the Student in the same way that they would for an employee of the Placement Provider. These may include, right to work in the UK, criminal record checks (DBS) and health checks.  

3.14     The University requires that the Placement Provider will have effective liability insurance(s) in place for the Placement Period and that these will apply to the Student in the same way that they would for an employee of the Placement Provider.  The insurance cover will provide an indemnity in respect of damages awarded to a Student for personal injury, loss or damage sustained by the Student. 

4.         INTELLECTUAL PROPERTY

4.1       All Background Intellectual Property belonging to one Party is and will remain the exclusive property of the Party owning it (or, where applicable, the third party from whom it’s right to use the Background Intellectual Property has derived.)

4.2       The University acknowledges that all Arising Intellectual Property will vest and be owned solely by the Placement Provider unless agreed otherwise.

5.         CONFIDENTIALITY

5.1       The University undertakes to use reasonable endeavours to keep confidential and not to disclose to any third party other than external examiners or to use themselves other than for the purpose of the Placement Year and as authorised under this Agreement, any confidential or secret information in any form directly or indirectly belonging or relating to the Placement Provider, its Affiliates, its or their business or affairs, disclosed by the Placement Provider and received by the University pursuant to or in the course of the Placement Year. Subject to the remainder of this clause 5.1, following termination of this Agreement the University shall return or destroy the Placement Provider’s Confidential Information received by the University pursuant to this Agreement. Notwithstanding the foregoing, the obligation to return or destroy the said Confidential Information shall not commence until after the University has completed the Assessment as envisaged under clause 7 of this Agreement.

5.2       The University in receipt of Confidential Information will not during a period of five (5) years after the last disclosure of Confidential Information under this Agreement, use such Confidential Information for any purpose other than in accordance with the terms of this Agreement.

5.3       The obligations contained in this Clause 5 will survive the expiry or termination of this Agreement for any reason but will not apply to any Confidential Information which:                

            5.3.1    is publicly known at the time of disclosure;

5.3.2    after disclosure becomes publicly known otherwise than through a breach of this Agreement by the University, its officers, employees, agents or contractors;

5.3.3    can be shown by reasonable proof by the University to have reached its hands otherwise than being communicated by the Placement Provider including being known to it prior to disclosure, or having been developed by or for it wholly independently of the Placement Provider or having been obtained from a third party without any restriction on disclosure on such third party of which the recipient is aware, having made due enquiry;

5.3.4    is required by law, regulation or order of a competent authority (including any regulatory or governmental body or securities exchange) to be disclosed by the University, provided that, where practicable, the Placement Provider is given reasonable advance notice of the intended disclosure and provided that the relaxation of the obligations of confidentiality will only last for as long as necessary to comply with the relevant law, regulation or order and will apply solely for the purpose of such compliance; or

5.3.5    Is approved for release, in writing, by an authorised representative of the Placement Provider.

5.4       The Placement Provider acknowledges the University’s obligations under the Freedom of Information Act 2000.   

6.         DATA PROTECTION

6.1       Each Party warrants to the other that to the extent that any personal data as defined in any applicable data protection legislation is processed by it in connection with this Agreement, it will comply in full with the provisions and obligations under all data protection regulations applicable to it and all subordinate legislation relating thereto and in particular the Data Protection Act 2018.  No Personal Data will be processed by any Party until all required conditions have been agreed.

6.2       Any data held by the University in relation to the Placement Provider will fall under the University’s Employer Privacy Notice.

7.         ASSESSMENT

7.1       The Student will be required to complete reflective assessments of their time on Placement Year. The Student is expected to be able to give an overview of their Placement during the minimum 40 weeks, focusing on key episodes and activities that reflect the change in their skills and knowledge.

7.2       Assessment will be conducted by the Student’s Departmental Representative on a pass/fail basis before the Student returns to University.

8.       TERMINATION

8.1       This Agreement may be terminated by the Placement Provider due to breach by the Student involving gross negligence, wilful misconduct or withdrawal from their degree.

8.2      This Agreement shall automatically terminate with immediate effect without liability to the Placement Provider on the part of the Student or the University, in the event the Student withdraws from their degree, ceases to be a registered student of the University, or withdraws voluntarily from the Placement. 

9.         LIMITATION OF LIABILITY

9.1       The University accepts no responsibility for any use which may be made of any work carried out under or pursuant to this Agreement and or the Placement, or of the results of the Placement Year, nor for any reliance which may be placed on such work or results, nor for advice or information given in connection with them.

10.       GENERAL

10.1     Nothing in this Agreement will create, imply or evidence any partnership or joint venture between the Parties or the relationship between them of principal and agent or employers and employee.

10.2     This Agreement and its Schedules (which are incorporated into and made a part of this Agreement) constitute the entire agreement between the Parties for the Placement.  Any variation will be in writing and signed by authorised signatories for both parties.

10.3     This Agreement will be governed by English Law.  The English Courts will have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with this Agreement.

This Agreement must be signed by the duly authorised representatives using the Microsoft Forms link provided to you below.

Please sign the Placement Year Contract Form on behalf of your organisation.