Obligations of the Organisation. Conditions on Access to and Use of Xxxxx Plus Data
5.1. Access and continuing access to Xxxxx Plus and use of Xxxxx Plus Data for the Organisation and its Staff Members shall be subject always to the conditions and restrictions set out in this Agreement and in particular compliance with this clause 5 and clauses 7 and 8. In addition to only using Xxxxx Plus Data for the Permitted Uses the following fundamental conditions and requirements on the use of Xxxxx Plus Data must be observed by the Organisation and all of its Authorised Users:
5.1.1. Unrounded Data relating to individuals must never be:
5.1.1.1. shared with anyone other than Gold Users and Lead Contacts of the Organisation (whether through reproduction, publication or any other method of sharing or disclosure);
5.1.1.2. used to make decisions or enable any decisions to be made about an individual; or
5.1.1.3. used to contact an individual or enable them to be contacted; for any reason or purpose whatsoever.
5.1.2. Unrounded Data relating to individuals must only be accessed, extracted from Xxxxx Plus or used where and to the extent that this is necessary and proportionate for the Permitted Uses set out in the Authorised User Agreements.
5.1.3. Xxxxx Plus Data relating to disability or ethnicity must only be used for purposes relating to promoting, maintaining or monitoring equality of opportunity in accordance with equalities legislation.
5.1.4. Xxxxx Plus Data can only be reproduced, published or disclosed externally in a form which complies with the Xxxxx Plus Rounding Methodology.
5.1.5. Access to Xxxxx Plus for Silver User, Gold User or Lead Contact User levels should only be granted to individuals wholly or mainly located within the United Kingdom and Xxxxx Plus should not be accessed by such Authorised Users whilst they are outside the United Kingdom.
5.1.6. Where Authorised Users extract Xxxxx Plus Data from Xxxxx Plus, they must not process such data or permit it to be processed outside the United Kingdom unless all of the relevant conditions specified in clause
Obligations of the Organisation. 7.1 The Organisation undertakes to maintain the management system prevailing as at the effective date as set out in clause 4.1 and to take all such steps necessary to maintain effective the specified standard, its MS documentation and the conditions of this Agreement.
7.2 The organisation shall provide the duly authorised staff of Sancert or its Agents reasonable access during normal working hours to all departments of the Organisation, as may be deemed necessary and also access to all information, records, documentation and other relevant details as will adequately enable Sancert to continue its surveillance of the Organisation’s management system.
7.3 The Head Office of any multi-site certification will ensure that all branches are familiar with and adhere to the clauses in this contract.
Obligations of the Organisation. 4.1 The Organisation agrees that:
(A) it will ensure that in instances where it is organising and administering the sign-up of current students using a paper form or online sign-up link, it provides each student with Future First’s current Privacy Policy, and will make every effort to ensure students read and understand the Privacy Policy before they sign up;
(B) it will provide reasonable co-operation to Future First to enable Future First to provide the Services in accordance with this Agreement and to achieve its wider objectives around the Future First programme;
(C) any information or data provided by the Organisation to Future First shall be provided on a timely basis and will be reasonably complete and accurate; and
(D) in using the web platform (the “Portal”) provided by Future First as part of the Services, it will comply with data protection legislation, as outlined in clause 7.
Obligations of the Organisation. Supervision & learning experience
Obligations of the Organisation. 4.1 The Organisation must:
a) use the Grant solely for the Program or Project for which the Grant is provided and in the manner described in the F4S Application, unless the Organisation obtains the prior approval of the Sports Foundation to any variation;
b) notify the Sports Foundation within 4 weeks of any changes to the information provided to the Sports Foundation in respect of a Program or Project; and
c) pass any donations received by the Organisation but intended for the Sports Foundation by the donor, to the Sports Foundation, and acknowledge that it holds such monies on trust as agent for the Sports Foundation in the interim.
4.2 The Organisation warrants that the information provided to the Sports Foundation in the F4S Program Application and in respect of any Program or Project is true and accurate.
Obligations of the Organisation. The Organisation must undertake the Initiatives upon the terms and conditions and in the manner provided by this Agreement and by the Grant Order. The Organisation is responsible to AusAID for all Initiative accounting, reporting including performance reporting, management, monitoring and effective delivery in respect of the Initiatives within the agreed budget. The Organisation is responsible to AusAID for the Grants even though the Initiatives may be implemented in whole or in part by a Delivery Organisation. The Organisation must have documented arrangements with all Delivery Organisations for the management and accountability for the Grants. If Grant funds cannot be acquitted to the satisfaction of AusAID, the Organisation must refund to AusAID an amount equal to the Grant funds remaining unaquitted. The Organisation must use its best endeavours to ensure that the Delivery Organisations for the approved Initiative have the appropriate capacity to undertake the task and are in no way linked, directly or indirectly, to organisations and individuals associated with terrorism. The Organisation must comply with all requirements of the Code of Conduct of the Australian Council for International Development, as revised from time to time. In undertaking the Initiatives the Organisation must not act in ways which are contrary to the interests of the Commonwealth. The Organisation will use its best endeavours to ensure that in its performance of an Initiative that all personnel and dependents while in the recipient country respect the laws and regulations in force in the recipient country. The Organisation must notify AusAID in writing before making or agreeing to make any significant material change in the legal or organisational status of the Organisation, or the financial position of the Organisation, which might affect the ability of the Organisation to comply with its obligations under this Agreement
Obligations of the Organisation. 1.7.1 In addition to its obligations specified elsewhere in this Agreement, the Organisation must:
(a) perform the Funded Project as specified in Clause 1.4;
(b) comply with the time-frame for the performance of the Funded Project as specified in Schedule 1 of this Agreement;
(c) submit Reports in the manner specified in Clause 2 and Schedule 3 of this Agreement;
(d) undertake the Funded Project to a high standard and in accordance with generally accepted professional, technical and ethical principles and work place standards, and relevant best practice to the Department’s satisfaction;
(e) comply with all reporting and financial accountability requirements as set out in this Agreement, in a timely manner and to a high standard, to the Department’s satisfaction;
(f) where required, employ personnel funded under this Agreement who have the skills and qualifications required for the delivery of the Approved Work Program at a salary commensurate with those skills and qualifications, and in accordance with relevant legislation;
(g) provide all reasonable assistance and access to, and cooperation with, the Commonwealth and the Department in carrying out any functions in relation to this Agreement, and permit inspection of and access to, material and/or premises relevant to this Agreement by the Commonwealth, or the Australian National Audit Office, or the Commonwealth Ombudsman, on behalf of the Commonwealth, as required;
(h) comply with procedures related to dispute avoidance and resolution set out in Clause 3 and conflict of interest set out in Clause 8, and ensure compliance with these provisions by all persons involved with the management and implementation of this Agreement;
(i) disclose to the Department if it is awarded funding from another source for activities related to the Approved Work Program, which may result in a variation of the Approved Work Program, Funding Amount and/or termination of this Agreement;
(j) ensure that it strategically guides and effectively manages this Agreement, including through its Board members and/or the establishment of a Project Management Committee or Steering Committee as deemed appropriate by the Department;
(k) ensure that it and all Specified Personnel, officers, employees, agents, volunteers, approved subcontractors, Board members, and Project Management Committee or Steering Committee (when established), do not represent themselves as officers, employees or agents of the Commonwealth by virtue of this Agreement;
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Obligations of the Organisation. 1.8.1 In addition to its obligations specified elsewhere in this Agreement, the Organisation will:
(a) undertake the Project(s)/sub-projects described in the Approved Work Program(s) to a high standard and in accordance with generally accepted professional, technical and ethical principles and work place standards, and relevant best practice to the Department’s satisfaction;
(b) comply with all reporting and financial accountability requirements as set out in this Agreement, in a timely manner and to a high standard, to the Department’s satisfaction;
(c) where required, employ personnel funded under this Agreement who have the skills and qualifications required for the delivery of the Approved Work Program(s) at a salary commensurate with those skills and qualifications, and in accordance with relevant legislation;
(d) disclose to the Department if it is awarded funding from another source which duplicates all or part of the Funded Amount, which may result in a variation of the Approved Work Program(s), Funded Amount and/or termination of this Agreement;
(e) ensure its Management Committee/Board strategically guides and effectively manages this Agreement; and
(f) ensure that it and its Management Committee/Board, employees, agents, volunteers and subcontractors do not represent themselves as officers, employees or agents of the Commonwealth or the Department by virtue of this Agreement.
1.8.2 The Department requires that all officers, employees and Management Committees/Boards of the Organisation, or any other persons, involved in the performance of this Agreement, and in particular the administration of the Funded Amount, observe, and demonstrate at all times, the highest standards of professional practice, including, by:
(a) acting with honesty, fairness, due care and diligence;
(b) behaving ethically and professionally and being openly accountable for their actions;
(c) not becoming involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community;
(d) avoiding any illegal or unlawful practice or activity; and
(e) being sensitive to the diversity of the Australian public.
1.8.3 The Department expressly reserves the right to take any action it deems necessary to monitor and ensure that the Organisation meets the requirements of Clause 1.8.
1.8.4 The Organisation will inform the Department and remove from the administration of the Funded Amount, or take any other action directed by t...
Obligations of the Organisation. 8.1 The Organisation undertakes to implement, maintain and improve its MS and to take all such steps to maintain an effective MS in accordance with the requirements of the relevant Scheme.
8.2 The Organisation shall provide the duly authorised staff of SACAS and its Appointed Agents, full access to all areas of the organisation’s premises, deemed necessary by such employee or agent and also access to all relevant information, records, MS documentation and other relevant details as will enable SACAS to verify the implementation, maintenance and effectiveness of the Organisation’s MS.
8.3 Any reference to SACAS, the relevant Scheme, or the depiction of the applicable certification logo of SACAS made by the Organisation, shall be in accordance with paragraph 25 of this Agreement.
8.4 The Organisation undertakes to notify SACAS as soon as practically possible of any significant changes to the Organisation that may have an effect on its compliance with the requirements of the relevant Scheme. This includes, but is not limited to, a material change to the management system.
8.5 The Organisation shall also inform XXXXX as soon as practically possible of any proposed changes in the “Scope of Registration”, e.g. a total revision of the scope, or a reduction or extension of the scope.
8.6 The organisation shall ensure all routine and non-routine activities of all personnel (including contractors, sub-contractors and visitors) are assed and identified at all facilities.
8.7 The organisation shall ensure all Business Risks and Opportunities are identified if applying for ISO 9001:2015, ISO 13485:2016, ISO 14001:2015, ISO 22000:2018, ISO 27001:2013, ISO 45001:2018 & ISO 50001:2018 certification.
8.8 The organisation shall ensure all Occupational Health and Safety Hazards and Risk are identified if applying for OHSAS 18001 & ISO 45001 certification.
8.9 The organisation shall ensure all Environmental Aspects and Impacts are identified if applying for ISO 14001 certification.
8.10 The organisation shall ensure all Critical Control Points are identified if applying for SANS 10330 or ISO 22000 certification.
8.11 The organisation shall ensure all Information Risks, threats as well as asset valuation has been conducted if applying for ISO 27001 certification.
Obligations of the Organisation. 6.1 The Organisation must promptly notify the Foundation of any proposed intention to carry out any of the following by giving to the Foundation not less than 14 days prior written notice:
6.1.1 To change its constitution as regards: its charitable status, its purposes , its entitlement to make payments to its members and/or members of its governing body, provisions for distribution of its assets (whether on a dissolution or not) or the admission of members (where it has a membership); or
6.1.2 To sell, transfer or otherwise dispose of all or substantially all of its assets or the conduct of its activities or make any substantial change to the general nature of its activities; or
6.1.3 To merge and amalgamate with any other body, including a company or other entity established by the Organisation.
6.2 The Organisation shall at all times:
6.2.1 obtain, comply with and maintain in full force and effect all authorisations required under any law or regulation of its jurisdiction of establishment, and under its constitution, to ensure the legality and enforceability of its obligations under the Grant Agreement; and
6.2.2 comply with all relevant statutes and laws, and with all relevant rules and requirements of any governmental or regulatory body, to which it is subject in relation to its constitution, its activities or otherwise.
6.3 The Organisation must promptly notify the Foundation of any legal claims made against it (including any claims made against members of its governing body or staff in connection with the Organisation), or any other event or circumstance, which may adversely affect its ability to perform its obligations under, and/or its entitlement to take the benefit of its rights under, the Grant Agreement, arising whether before or during the period of the \grant Agreement.
6.4 The Organisation shall indemnify the Foundation against any liability, losses, expenses, damages, penalties or demands arising from any claim or action of whatsoever nature brought by any third party regarding any acts or omissions in relation to the Project or otherwise.
