Provider’s Obligations. 4.1. As part of this Agreement the Provider hereby agrees; 4.1.1. to pay to the Delivery Centre the per candidate fee as detailed in the Course Fees guide. 4.1.2. to undertake the Provider Role(s) and Services under the Delivery Centre banner and no other name; 4.1.3. that they will not undertake the Provider Role(s) from any location that doesn't meet the qualification requirements without the Delivery Centre’s prior written consent; 4.1.4. that from the Commencement Date they will carry out the Provider Role(s) and fulfil the Services as a legally and economically independent party and that they agree that there is nothing in this Agreement that renders them as an employee, worker, or agent of the Delivery Centre and the Provider shall not hold themselves out as such; 4.1.5. to ensure that any applicable guided learning hour requirements within the qualifications are adhered to when providing the Services; 4.1.6. to use their best endeavours and the highest professional standards in all matters connected with the Provider Role(s) and to undertake the Provider Role(s) and fulfil the Services diligently and in a manner in all material respects to the reasonable satisfaction of the Delivery Centre and as may be reasonably required by the Delivery Centre from time to time in accordance with industry best practice; 4.1.7. to comply with all of the Delivery Centre’s requirements as regards cleanliness, clothing, appearance or demeanour; 4.1.8. to comply with all reasonable requirements consistent with the terms of this Agreement as are from time to time notified to them by the Delivery Centre for the efficient conduct of the Provider Role(s); 4.1.9. to permit the Delivery Centre without any further or other authority, to speak to the Provider’s learners about the Services being provided by the Provider; 4.1.10. to comply with all local, regional and national legislation applicable to them based on their location and all local, regional and national legislation of any country(s) where the Services are being provided; 4.1.11. to ensure that they – and any personnel they deploy whilst undertaking the Services meet all the Delivery Centre requirements before fulfilling the Provider Role(s) including but not limited to having: 4.1.11.1. National Association1 Membership (of the correct level); 4.1.11.2. appropriate Safeguarding training; 4.1.11.3. appropriate First Aid Training; 4.1 11.4. and maintaining appropriate CPD. 4.1.12. to inform the Delivery Centre immediately if they become bankrupt, insolvent or are charged with a criminal offence during the Term of this Agreement. The Delivery Centre may suspend the Provider during any period between allegation, charge and the final outcome of any criminal case; 4.1.13. to comply fully with all the requirements detailed in this Agreement including, but not limited to, those relating to Intellectual Property and Copyright (Clause 5), Health & Safety, Well Being and Safeguarding (Clause 6), Subcontracting and Employment (Clause 7), Promotion and advertising (Clause 8), Accounts and Audit (Clause 9), Improvements to the Services (Clause 10), Data Protection (Clause 11), Insurance (Clause 12), Indemnity (Clause 15).
Appears in 2 contracts
Samples: Provider Service Agreement, Provider Service Agreement
Provider’s Obligations. 4.1. As part of this Agreement the Provider hereby agrees;
4.1.1. to pay to the Delivery Centre the per candidate fee as detailed in the Course Fees guide.. Paddles Up Training Fees Policy xxxxx://xxxxxxxxxxxxxxxxx.xxx/policies/
4.1.2. to undertake the Provider Role(s) and Services under the Delivery Centre banner and no other name;
4.1.3. that they will not undertake the Provider Role(s) from any location that doesn't meet the qualification requirements without the Delivery Centre’s prior written consent;
4.1.4. that from the Commencement Date they will carry out the Provider Role(s) and fulfil the Services as a legally and economically independent party and that they agree that there is nothing in this Agreement that renders them as an employee, worker, or agent of the Delivery Centre and the Provider shall not hold themselves out as such;
4.1.5. to ensure that any applicable guided learning hour requirements within the qualifications are adhered to when providing the Services;
4.1.6. to use their best endeavours and the highest professional standards in all matters connected with the Provider Role(s) and to undertake the Provider Role(s) and fulfil the Services diligently and in a manner in all material respects to the reasonable satisfaction of the Delivery Centre and as may be reasonably required by the Delivery Centre from time to time in accordance with industry best practice;
4.1.7. to comply with all of the Delivery Centre’s requirements as regards cleanliness, clothing, appearance or demeanour;
4.1.8. to comply with all reasonable requirements consistent with the terms of this Agreement as are from time to time notified to them by the Delivery Centre for the efficient conduct of the Provider Role(s);
4.1.9. to permit the Delivery Centre without any further or other authority, to speak to the Provider’s learners about the Services being provided by the Provider;
4.1.10. to comply with all local, regional and national legislation applicable to them based on their location and all local, regional and national legislation of any country(s) where the Services are being provided;
4.1.11. to ensure that they – and any personnel they deploy whilst undertaking the Services meet all the Delivery Centre requirements before fulfilling the Provider Role(s) including but not limited to having:
4.1.11.1. National Association1 Membership (of the correct level);
4.1.11.2. appropriate Safeguarding training;
4.1.11.3. appropriate First Aid Training;
4.1 11.4. and maintaining appropriate CPD.
4.1.12. to inform the Delivery Centre immediately if they become bankrupt, insolvent or are charged with a criminal offence during the Term of this Agreement. The Delivery Centre may suspend the Provider during any period between allegation, charge and the final outcome of any criminal case;
4.1.13. to comply fully with all the requirements detailed in this Agreement including, but not limited to, those relating to Intellectual Property and Copyright (Clause 5), Health & Safety, Well Being and Safeguarding (Clause 6), Subcontracting and Employment (Clause 7), Promotion and advertising (Clause 8), Accounts and Audit (Clause 9), Improvements to the Services (Clause 10), Data Protection (Clause 11), Insurance (Clause 12), Indemnity (Clause 15).
Appears in 1 contract
Samples: Provider Service Agreement
Provider’s Obligations. 4.1. As part of this Agreement the Provider hereby agrees;
4.1.1. to pay to the Delivery Centre the per candidate fee as detailed in the Course Fees guide.
4.1.2. to undertake the Provider Role(s) and Services under the Delivery Centre banner and no other name;
4.1.3. that they will not undertake the Provider Role(s) from any location that doesn't meet the qualification requirements without the Delivery Centre’s prior written consent;
4.1.4. that from the Commencement Date they will carry out the Provider Role(s) and fulfil the Services as a legally and economically independent party and that they agree that there is nothing in this Agreement that renders them as an employee, worker, or agent of the Delivery Centre and the Provider shall not hold themselves out as such;
4.1.5. to ensure that any applicable guided learning hour requirements within the qualifications are adhered to when providing the Services;
4.1.6. to use their best endeavours and the highest professional standards in all matters connected with the Provider Role(s) and to undertake the Provider Role(s) and fulfil the Services diligently and in a manner in all material respects to the reasonable satisfaction of the Delivery Centre and as may be reasonably required by the Delivery Centre from time to time in accordance with industry best practice;
4.1.7. to comply with all of the Delivery Centre’s requirements as regards cleanliness, clothing, appearance or demeanour;
4.1.8. to comply with all reasonable requirements consistent with the terms of this Agreement as are from time to time notified to them by the Delivery Centre for the efficient conduct of the Provider Role(s);
4.1.9. to permit the Delivery Centre without any further or other authority, to speak to the Provider’s learners about the Services being provided by the Provider;
4.1.10. to comply with all local, regional and national National legislation applicable to them based on their location and all local, regional and national National legislation of any country(s) where the Services are being provided;
4.1.11. to ensure that they – and any personnel they deploy whilst undertaking the Services meet all the Delivery Centre requirements before fulfilling the Provider Role(s) including but not limited to having:
4.1.11.1. National Association1 Membership (of the correct level);
4.1.11.2. appropriate Safeguarding training;
4.1.11.3. appropriate First Aid Training;
4.1 11.4. and maintaining appropriate CPD.
4.1.12. to inform the Delivery Centre immediately if they become bankrupt, insolvent or are charged with a criminal offence during the Term of this Agreement. The Delivery Centre may suspend the Provider during any period between allegation, charge and the final outcome of any criminal case;; 1 For the purposes of this Agreement the “National Associations” are Scottish Canoe Association, Canoe Association of Northern Ireland, Canoe Wales and British Canoeing.
4.1.13. to comply fully with all the requirements detailed in this Agreement including, but not limited to, those relating to Intellectual Property and Copyright (Clause 5), Health & Safety, Well Being and Safeguarding (Clause 6), Subcontracting and Employment (Clause 7), Promotion and advertising (Clause 8), Accounts and Audit (Clause 9), Improvements to the Services (Clause 10), Data Protection (Clause 11), Insurance (Clause 12), Indemnity (Clause 15).
Appears in 1 contract
Samples: Provider Service Agreement
Provider’s Obligations. 4.16.1. As part In addition to, and without limiting or derogating from, other obligations that the Provider may have under this Agreement, the Provider shall:
6.1.1. ensure that the Services meet and comply with the relevant specifications set out in the Statement of Work;
6.1.2. comply, and ensure that all Authorised Sub-Contractors and Provider Personnel comply, with all Applicable Laws and procure and maintain all necessary Approvals for, among other things, performing all obligations and activities contemplated in this Agreement;
6.1.3. co-operate, communicate and/or interact with the OSD Personnel to the extent necessary for the purposes of putting into effect the terms and conditions of this Agreement Agreement;
6.1.4. ensure that the Services and the performance of its obligations meet or exceed the Service Levels;
6.1.5. perform all of its obligations in accordance with Good Industry Practice;
6.1.6. comply with all Applicable Laws;
6.1.7. comply with the VPS Policies;
6.1.8. co-operate with OSD, the OSD Affiliates, and the OSD Personnel, and provide all assistance, Materials and information as may be reasonably requested by any of them from time to time;
6.1.9. ensure that it has adequate Personnel and/ or contractors available to ensure the uninterrupted supply of Services;
6.1.10. at all times, effect and maintain at its own expense, adequate insurances as may be required by Applicable Law;
6.1.11. perform all Services and activities, and procure and provide all Approvals, Personnel, Materials, and facilities as may be necessary or desirable for the proper, diligent and timely fulfilment and performance of its obligations in this Agreement, including the proper and timely provision of the Services, notwithstanding that such services, Approvals, activities, resources, Personnel, Deliverables, Materials and facilities may not be expressly stipulated or identified in this Agreement;
6.1.12. use its best endeavours to preserve OSD & VPS’s reputation and goodwill;
6.1.13. use any assets of OSD entrusted to it or to the Provider hereby agrees;Personnel, if any, with the utmost care; and
4.1.16.1.14. use its best endeavours to pay to avoid any material conflict between the Delivery Centre the per candidate fee as detailed in the Course Fees guide.
4.1.2. to undertake interests of the Provider Role(s(or any of the Provider’s clients) and Services under the Delivery Centre banner and no other name;
4.1.3those of OSD. that they will not undertake the Provider Role(s) from any location that doesn't meet the qualification requirements without the Delivery Centre’s prior written consent;
4.1.4. that from the Commencement Date they will carry out the Provider Role(s) and fulfil the Services as Where such a legally and economically independent party and that they agree that there conflict is nothing in this Agreement that renders them as an employeeunavoidable, worker, or agent of the Delivery Centre and the Provider shall disclose the details of the conflict to OSD to the extent that such disclosure does not hold themselves out as such;infringe any obligations of confidentiality, which the Provider may owe to any third party.
4.1.56.2. In the event the Services do not meet the standard or quality agreed by the Parties when so informed by OSD in a writing, including, without limitation, the Service Levels, and without prejudice to ensure that any applicable guided learning hour requirements within other possible consequences, the qualifications are adhered to when providing Provider shall:
6.2.1. promptly inform OSD of any event which adversely affects or may affect the rendering of the Services;
4.1.66.2.2. promptly investigate the causes of the failure to use their best endeavours meet the agreed standard, quality and/or level of Services, and prepare and deliver to OSD a report on the highest professional standards causes; and
6.2.3. take whatever action is necessary to minimise the impact of the failure, to correct the causes of the failure and to avoid and prevent the failure recurring, and shall, on a regular basis, advise OSD in all matters connected with writing of its remedial actions.
6.3. In providing the Services, the Provider Role(s) recognises and to undertake agrees that time is of the essence and, without derogating from or limiting its further obligations contained in this Agreement, the Provider Role(s) and fulfil the Services diligently and shall perform its obligations under this Agreement in such a manner as to ensure that such obligations are performed with such speed and efficiency as is required in accordance with Good Industry Practice, including, without limitation, compliance with any time frames and Service Levels set out in the Statement of Work.
6.4. The Provider also undertakes to provide OSD with all material respects to the reasonable satisfaction of the Delivery Centre documentation, Materials and information as may be reasonably required requested by the Delivery Centre OSD from time to time for purposes of verifying that the Provider has complied with its obligations in accordance with industry best practice;this Agreement.
4.1.76.5. In the event that OSD grants the Provider permission to access OSD’S and or VPS’s Infrastructure remotely, the Provider agrees to comply with all of VPS’s Policies applicable thereto.
6.6. In the Delivery Centreevent that OSD and VPS grants the Provider permission to access VPS’s requirements as regards cleanlinessPremises, clothing, appearance or demeanour;
4.1.8. the Provider agrees to comply with all reasonable requirements consistent with the terms of this Agreement as are from time to time notified to them by the Delivery Centre for the efficient conduct of the Provider Role(s);
4.1.9. to permit the Delivery Centre without any further or other authority, to speak to the ProviderVPS’s learners about the Services being provided by the Provider;
4.1.10. to comply with all local, regional and national legislation Policies applicable to them based on their location and all local, regional and national legislation of any country(s) where the Services are being provided;
4.1.11. to ensure that they – and any personnel they deploy whilst undertaking the Services meet all the Delivery Centre requirements before fulfilling the Provider Role(s) including but not limited to having:
4.1.11.1. National Association1 Membership (of the correct level);
4.1.11.2. appropriate Safeguarding training;
4.1.11.3. appropriate First Aid Training;
4.1 11.4. and maintaining appropriate CPDthereto.
4.1.12. to inform the Delivery Centre immediately if they become bankrupt, insolvent or are charged with a criminal offence during the Term of this Agreement. The Delivery Centre may suspend the Provider during any period between allegation, charge and the final outcome of any criminal case;
4.1.13. to comply fully with all the requirements detailed in this Agreement including, but not limited to, those relating to Intellectual Property and Copyright (Clause 5), Health & Safety, Well Being and Safeguarding (Clause 6), Subcontracting and Employment (Clause 7), Promotion and advertising (Clause 8), Accounts and Audit (Clause 9), Improvements to the Services (Clause 10), Data Protection (Clause 11), Insurance (Clause 12), Indemnity (Clause 15).
Appears in 1 contract
Samples: Master Services Agreement
