Community Legal Outreach Collaboration Keele

University Terms

1.

INFORMATION ABOUT US AND THE CLOCK PROJECT

This website is operated by the University of Keele, Keele, Staffordshire ST5 5BG ("we" or “us”). Our VAT number is GB 279 7836 84 and Data Protection registration number is Z5571818.

We started the CLOCK Project in order to assist members of the public in obtaining access to justice.

The CLOCK Project is a collaborative project between the University of Keele, other universities, their students, courts, law firms and third sector organisations working together under a common framework to provide access to justice for the community in accordance with the CLOCK Objectives.

These terms set out the framework by which the University of Keele collaborates with another University in order to promote the CLOCK Project. Please read these terms carefully and make sure that you understand them.

2.

PARTICIPATING IN THE CLOCK PROJECT

2.1

These terms are on the basis that your University wishes to participate in the CLOCK Project, as a CLOCK Project Lead.

A CLOCK Project Lead is a University that will deliver a Local Community Legal Companion Service.

A Local Community Legal Companion Service means a local collaboration between the CLOCK Project Lead and CLOCK Service Providers to meet the CLOCK Objectives.

A CLOCK Service Provider includes law firms and third sector organisations who agree to participate within a Local Community Legal Companion Service.

A CLOCK Service User refers to a person who wishes to use a service of the CLOCK Project.

A Community Legal Companion refers to a student trained by a CLOCK Project Lead to assist a CLOCK Service User in supporting access to justice within the strict remit of the McKenzie Friend Practice Guidance.

2.2

You confirm that you have the authority to legally bind your University to these terms. Under these terms, we will provide your organisation with guidance, training and the right to use the CLOCK logo, and you will develop and deliver a Local Community Legal Companion Service and pay a contribution to the administration of the CLOCK project.

3.

YOUR OBLIGATIONS

3.1

In order to join the CLOCK Project, you are required to meet the following minimum requirements. You must:

3.1.1

attend a two day CLOCK training programme at Keele University Law School ("Training Programme");

3.1.2

join the CLOCK Project and pay the annual renewable membership fee;

3.1.3

develop and run a Local Community Legal Companion Service between your University, your local court service, legal professionals and one or more third sector organisations and administer it in accordance with (i) these terms; (ii) the CLOCK policies, procedures and regulations listed on http://clock.uk.net including the Confidentiality Policy, the Signposting Policy, the CLOCK Code of Conduct and the CLOCK Objectives and any others listed from time to time; and (iii) the minimum requirements as described in the Training Programme; and

3.1.4

make all efforts to attend local court user meetings, Law Society meetings and charitable sector events to encourage local good working relations.

3.2

In order to run a Local Community Legal Companion Service, you are required to meet the following minimum requirements. You must:

3.2.1

offer your suitable registered University students the opportunity to train as Community Legal Companions;

3.2.2

organise and deliver (without charge) the Local Community Legal Companion Service training programme for prospective Community Legal Companions, which should include an academic, legal, charitable, court and administrative session (in line with the training materials that we will supply to you);

3.2.3

administer the required Disclosure and Barring Service checks;

3.2.4

monitor that each Community Legal Companion follows the CLOCK Code of Conduct at all times and assists ONLY within the strict remit of the McKenzie Friend Practice Guidance ;

3.2.5

allocate the Community Legal Companion time under a duty rota to contribute at the court desk, and at the location of a law firm or third sector organisation within the academic timetable. A Community Legal Companion may be allocated to the court desk, or partner location, according to the Code of Conduct; and

3.2.6

implement approval processes in accordance with the guidance provided on the Training Programme to determine whether to accept applications from law firms and third sector organisations to participate in your Local Community Legal Companion Service.

4.

FEES

4.1

In order to be a member of the CLOCK Project, you will pay:

4.1.1

a one-off training fee prior to attendance on the Training Programme at the relevant rate ("Training Fee"); and

4.1.2

the annual membership fee, which covers the administration of the CLOCK Project ("Annual Contribution").

4.2

All fees will be payable at the rate applicable at the date payment falls due and shall be payable in accordance with the terms of the invoice.

4.3

All sums due under this agreement are exclusive of VAT, which shall, where applicable, be paid by you at the prevailing rate on receipt of our invoice.

5.

DELIVERY OF THE LOCAL COMMUNITY LEGAL COMPANION SERVICE

5.1

You must comply with the minimum guidelines set out in the Training Programme.

5.2

Subject to these terms, we recognise that you, acting as a CLOCK Project Lead, are free to deliver the Local Community Legal Companion Service as you see fit in order to benefit from CLOCK Service Providers, and to meet the needs of CLOCK Service Users, in your local community. You will be responsible for the operation of your Local Community Legal Companion Service.

5.3

We will offer you guidance and reasonable assistance in delivering the Local Community Legal Companion Service.

5.4

You must accept sole responsibility for the actions and omissions of your University registered students who act as Community Legal Companions. Your University is not responsible for the actions of Community Legal Companions who are not registered as your university students.

5.5

You must ensure that you have reasonably appropriate insurance cover for your role as CLOCK Project Lead and for the participation of Community Legal Companions from your University.

5.6

You understand that while the Local Community Legal Companion Service is a voluntary service it is possible that a Service User may make a claim regarding the quality of service or actions or omission of your Community Legal Companion (“Claim”). You will indemnify us and any other CLOCK Project Lead against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us or another CLOCK Project Lead arising from a Claim arising from the actions or omissions of your Community Legal Companion, except and to the extent that the Community Legal Companion was acting on our direct instructions (or of another CLOCK Project Lead in respect of a Claim against that other CLOCK Project Lead). We will indemnify you against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from a Claim arising from the actions or omissions of our Community Legal Companion, except and to the extent that the Community Legal Companion was acting on your direct instructions or that of another CLOCK Project Lead.

5.7

Where you are legally able to do so, you will use reasonable endeavours to provide other CLOCK Project Leads with access to documents that they may reasonably require to respond to any queries, concerns or claims in relation to the CLOCK Project.

6.

USE OF THE TRAINING PROGRAMME AND THE CLOCK IDENTITY

TRAINING PROGRAMME MATERIALS

6.1

On your payment of the Training Fee, we grant you a non-exclusive licence to use the Training Programme in relation to your Local Community Legal Companion Service.

6.2

You may copy, publish and distribute information in the Training Programme to other members of the Local Community Legal Companion Service.

6.3

You must, where you do any of the above, acknowledge us as the source of the Training Programme.

CLOCK IDENTITY

6.4

On your payment of the Annual Contribution, we grant you a non-exclusive licence to use the CLOCK logo, below, in relation to your Local Community Legal Companion Service.

6.5

You must:

6.5.1

comply with the Training Programme and all our requests as to the use of the CLOCK logo; and

6.5.2

not apply for registration of the CLOCK logo in your own name, in any part of the world.

7.

TERMINATION

7.1

We may terminate this agreement with immediate effect if:

7.1.1

you have materially failed to meet an obligation set out in these terms that we reasonably decide to be fundamental;

7.1.2

you have repeatedly failed to meet any other obligation set out in these terms, and fail to remedy it within an agreed timescale, following us notifying you of that failure in writing;

7.1.3

we receive a report that identifies that there has been such a serious breach of contract, law or such serious professional misconduct or dishonesty that, in all the circumstances, termination is justified.

7.2

On expiry or termination of this agreement for any reason:

7.2.1

you must notify any CLOCK Service User that you are no longer operating under the CLOCK Project;

7.2.2

you must take all reasonable steps to protect the rights and interests of any Service User for whom you act; and

7.2.3

the licences under clause 6 shall end. You shall immediately return or destroy any items which bear the CLOCK logo.

8.

EVENTS OUTSIDE OUR CONTROL

8.1

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 8.2.

8.2

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation a delay or interruption in use of the internet or travel.

8.3

If an Event Outside Our Control takes place that affects the performance of our obligations under these terms:

8.3.1

we will contact you as soon as reasonably possible to notify you; and

8.3.2

our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

9.

COMMUNICATIONS BETWEEN US AND CONTACTING US

When we refer, in these Terms, to "in writing", this will include e-mail.

If you wish to contact us for any reason, including where you have any complaints, you can contact us by e-mailing: law.clock@keele.ac.uk

10.

OTHER IMPORTANT TERMS

10.1

This agreement is between you and us. Other than another CLOCK Project Lead who may enforce the indemnity in clause 5.6, no person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

10.2

This agreement is personal to both of the parties and neither party may transfer to another person unless the other party agrees in writing.

10.3

This agreement and its subject matter and its formation, are governed by English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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