MEMORANDUM OF ACCREDITATION
BETWEEN
MIDDLESEX UNIVERSITY
AND
[NAME OF CLIENT / ORGANISATION]
The duration of this Memorandum of Accreditation is six years from
the date of commencement indicated below
COMMENCEMENT DATE: [DAY / MONTH / YEAR]
END DATE: [DAY / MONTH / YEAR]
REVIEW DATE: MAY [YEAR BY WHICH MUST BE COMPLETED]
Table of Contents
1.Scope and purpose of this Memorandum of Accreditation
2.Date of Commencement and Duration of Memorandum of Accreditation
3.Planning, administration and operation
4.Quality assurance
5.University Membership
6Progression
8.Confidentiality and Data Protection
9.Equal Opportunities
10.Limitation/Exclusion of Liability/Insurance
11.Third Party Rights
12.Applicable Law and Jurisdiction
13.Termination
14.Consequences of Termination
15.Assignment and Subcontracting
16.Variation
17.Status of Parties
18.Severability
19.Waiver
20.Notices
21.Disputes
APPENDIX 1
APPENDIX 2
APPENDIX 3
MEMORANDUM OF ACCREDITATION
BETWEEN
MIDDLESEX UNIVERSITY
AND
[NAME OFCLIENT / ORGANISATION]
IT IS NOW AGREED as follows:
1.Scope and purpose of this Memorandum of Accreditation
a)This Memorandum records an agreement between Middlesex University(hereinafter referred to as the University) and [NAME OF CLIENT/ORGANISATION] (hereinafter referred to as the Client) for the following activity approved at the accreditation board on [DATE OF BOARD – CONDITIONS MET]
b)This Memorandum of Accreditation (hereinafter referred to as MoAc) relates to the accreditationof learning outcomes from the activity(s) (hereinafter referred to as Activity/Course(s), in relation to academic credit awarded by the University as specified in Appendix 2.
c)University accreditation of the learning outcomes from the Client’s Activity/Course(s), will enable participants who successfully complete the required assessment to be awarded the agreed number of Middlesex University academic credit points.
d)Participants who are awarded the academic credit (as specified in Appendix 2) by the University, as a consequence of successfully completing the Client’s Activity/Course(s), will also be able to progress to the University [Title of qualification / programme(s)].
e)The Clientwill not be permitted to use the University’s logo or name within marketing and publicity material without formal approval by the University.All publicity relating to the Middlesex University accreditation or the award of Middlesex University Academic Creditmust comply with the University’s ‘Academic partner guidance on representing relationships with Middlesex University for accredited courses’ and be approved before use.
2.Date of Commencement and Duration of Memorandum of Accreditation
a)The effective date of this MoAc shall be [DAY/MONTH/YEAR].
b)INCLUDE IF APPROPRIATE: This MoAc replaces the previous MoC or MoAc effective from [DAY/MONTH/YEAR] which is hereby declared null and void.
c)This MoAcshall be for six years in the first instance. It shall terminate on [DAY/MONTH/YEAR].
3.Planning, administration and operation
a)The Client shall be responsible for:
- planning and development
- establishing a set of assessment regulations
- the appointment of tutors/internal assessors, informing the Accreditation Link Tutor of any tutor changes and new appointments
- ensuring that all participants have appropriate learning opportunities to facilitate their achievement of the learning outcomes
- monitoring staff and participant opinion of the content and delivery of the activity, and responding to issues which arise from such monitoring
- maintenance of accurate records; and the submission (via the University representative) of a list of participants recommended to be awarded academic credit
- provision of representative samples of assessed work corresponding with each list of participants recommended to be awarded academic credit
- production of an annual monitoring report in accordance with the University template provided.
b)Participants' performance shall be assessed by the Client's Assessment Team, which shall be responsible for recommending the award of credit to the University Accreditation Board for ratification.
The Client's Assessment Team shall be constituted as follows:
- leader of the activity
- internal examiners
- a representative of the University (normally the appointed Accreditation Link Tutor) acting as Moderator.
4.Quality assurance
Activity will be subject to the procedures set out in the University’s Learning and Quality Enhancement Handbook (LQEH) – Section 14.
a)Continuing University accreditation of the assessed learning outcomes from the Client's Activity/Course(s), requires that the Client maintains strict quality control of:
- appropriateness of the assessment to the accredited learning outcomes of the Activity/Course(s)
- membership and functioning of the Client Assessment Team
- maintenance of accurate records of the assessment process
- standards of participant work.
b)The Client shall present an annual monitoring report to the University on the operation of the assessment for the award of academic credit which specifically details matters listed in 4a aboveas well as other matters identified in the University Annual Monitoring template for accredited activity.
c)All activities with accredited learning outcomes shall be subject to progress review and re-accreditation after six years. An activity which has not run for two years or more must be re-accredited if credit is to be awarded.
d)Before the start of an activity, an Accreditation Link Tutor shall be appointed by the University and an Organisational Link Tutor shall be appointed by the Client.
e)The Accreditation Link Tutors shall be responsible for ensuring the activity is conducted within the terms of this agreement and the LQEH section 14.
f)The Accreditation Link Tutor (or other appropriate University representative) shall act as Moderator to the Client’s Assessment Team. She/he shall present assessment records and other information required to the University Accreditation Board.
g)FOR OVERSEAS CLIENTS; International travel commitments are subject to travel guidance issued by the UK Foreign and Commonwealth Office (FCO) (
5.UniversityMembership
a)Participants who are registered on the activity, but are not otherwise registered on a University programme or taking University modules as Associate students, will not be classified as Middlesex University students and will not be entitled to use University facilities.
b)Participants,who are registered on the activity and are also registered on a University programme or are taking University modules as Associate students, will be classified as Middlesex University students and will be entitled to use University facilities.
6Progression
a)The University shall provide the opportunity for participants undertaking the Client’s Activity/Course(s), to register as Associate Students while undertaking the accredited activity as a preparation for progression to the University’s programme as stated in Clause 1d. [NB Clause to be deleted if not applicable]
b)The University shall recognise the academic credit awarded to participants who have successfully completed the Client’s Activity/Course(s), ([volume and level of credit]) towards the achievement of the University’s programme as stated in Clause 1d.
- Charges
a)There will be an annual charge made by the University to cover on-going quality monitoring of the accreditation. This covers involvement of the University Accreditation Link Tutor in assessment activity and assistance in the production of an Annual Monitoring Report.
b)There will be a charge for registration and certification per participant recommended to be awarded academic credit.
c)Where participants progress directly to a Middlesex qualification the registration and certification fee will be waived.
d)The charges for 2014/2015 are as follows:
- Annual monitoring - £1800
- Registration and certification - £60 per participant
e)For 2015/2016 and thereafter the University reserves the right to increase these charges.
f)The University will invoice the Client once a year for Annual Monitoring charge. Registration and certification will be invoiced following each Assessment Board.
g)All payments shall be made by the Client within 30 days of the date of the University invoice.
h)All payments shall be made by the Client in Sterling either to Middlesex University by cheque drawn on a United Kingdom bank or by standard transfer. The invoice reference number should be quoted in either case.
i)Where full payment has not been received by the University 30 days after the date of any invoice the University shall (without prejudice to its rights howsoever arising) be entitled to charge interest at a rate equal to 4% per annum above the National Westminster base rate from time to time in force.
8.Confidentiality andData Protection
a)Each party undertakes to treat all information relating to the business of the other as confidential and to use it only for the purposes of this MoAc. Each party may disclose such information to its professional advisers in the performance of thisMoAc or to the extent that such information is generally available to the public or to the extent that disclosure of the information is required to be made by law or by any relevant regulatory body of the parties.
b)Each party agrees that this obligation shall continue in force notwithstanding the termination or expiry of the MoAc for any reason but shall cease to apply to information from the point at which it enters into the public domain and shall also cease to apply to information which is received independently from another source without an imposition of any duty of confidence.
c)The obligations of confidentiality contained in this MoAc shall operate in accordance with and subject to the Code.
d)FOR UK CLIENTS: The University and the Client shall, within the operation of the Programme(s), adhere to and comply fully with the University’s Data Protection Policy (as set out in the University Regulations), and with the provisions of the Data Protection Act 1998.
e)FOR EU/EEA CLIENTS AND CANADA, SWITZERLAND & ARGENTINA: The University and the Client shall, within the operation of the accredited activity, adhere to and comply fully with the University’s Data Protection Policy (as set out in the University Regulations), and with the provisions of the European Data Protection Directive and the Data Protection Act 1998.
f)FOR OVERSEAS CLIENTS OUTSIDE EU/EEA AREA (EXCEPT CANADA, SWITZERLAND & ARGENTINA): The University and the Client shall, within the operation of the accredited activity, adhere to and comply fully with the University’s Data Protection Policy (as set out in the University Regulations), and with the provisions of the EU Standard Contractual Clauses for Data Processors Established in Third Countries.
g)In signing this MoAc, the University and the Client shall agree to use staff data, such as email addresses, only in connection with the delivery and management of the named accredited activity covered by this MoAc.
h)In signing this MoAc, the Client shall agree to provide the University with relevant participant data for the purposes of certification by the University, ensuring academic standards and quality monitoring of the named activity covered by this Agreement.
i)Client personal data may be shared with external organisations, which provide a service for the University on a need-to-know basis and according to the Data Protection principles.
9.Equal Opportunities
The Clientshall ensure that all its activities shall comply fully with the spirit of the University’s statement on Equal Opportunities (as set out in the University Regulations or Research Degree Regulations as appropriate).
10.Limitation/Exclusion of Liability/Insurance
a)The Client undertakes to indemnify the University for any liability, to a maximum of £1,000,000 per claim or series of claims arising from any one cause, which arises from the Client‘s breach or non-performance of this MoAc or related agreementsor negligent actions or omissions falling upon the University. Such limit of £1,000,000 shall not apply to any claim arising from personal injury or death or from the fraud of the indemnifier.
b)Such liabilities shall relate to all actions, claims, demands, costs and expenses incurred by or made against the University or the Client, in respect of any loss or damage or personal injury (including death) which arises from anything done or omitted to be done under this Clientor related agreements to the extent that such loss, damage or injury is caused by breach or non-performance of this MoAc or related agreements or by the negligence of either party, its employees, servants or agents.
c)Either party shall, whenever required, produce certificates signed on behalf of the other party’s insurers stating that insurance complying with the requirement is in force and the period for which it has been taken out.
d)The terms of any insurance or the amount of cover shall not relieve either party of any liabilities under this MoAc.
f)Each party warrants that:
(i) it is properly constituted and incorporated under the laws of England and Wales[FOR OVERSEAS CLIENTS: and the laws of [NAME OF COUNTRY] as the case may be]; and
(ii) it has all necessary powers and authorities to enter into this MoAc and to perform its obligations herein including the power to carry out and/or perform such incidental acts as are necessary to facilitate its performance of its obligations.
11.Third Party Rights
For the avoidance of doubt, this MoAc does not confer rights under the Contracts (Rights of Third Parties) Act 1999 on anyone else except the two parties to this MoAc, and the parties do not intend any term of this contract to be enforceable by any third party.
12.Applicable Law and Jurisdiction
a)The law applicable to the construction, performance and enforceability of this MoAc shall be English law.
b)Any dispute arising out of this MoAc shall be subject to the exclusive jurisdiction of the English Courts, but subject to the arbitration provisions in clause 21 hereof.
c)Both parties shall comply with local legislation, insofar as these have mandatory force in relation to the performance of this MoAc.
13.Termination
a)ThisMoAc may be terminated by either party by giving a minimum of 3 months’ written notice to the other party. This normal notice period may be varied by mutual agreement.
b)In the event of the Client materially contravening or permitting the contravention of any of the provisions of this MoAc, e.g. non compliance, payment defaultor in the event that the Client goes into liquidation or administration or makes an arrangement with its creditors or takes or suffers an event of insolvency or some analogous event in consequence of debt or in other extreme circumstances e.g. where the reputation of the University is threatened or affected, the University may at its discretion and without prejudice to any other remedies available to it, terminate the MoAcby written notice without penalty and with immediate effect.
c)In the case of any non-material contravention or failure to implement the terms of this MoAc, which is capable of being remedied by the Client, the University will not exercise its rights to terminate this MoAc without first having given written notification to the Client requiring the same to be remedied within twenty-eight days.
d)Force majeure – Neither party will be liable for failure to perform its obligations under this MoAc if such failure results from circumstances which could not have been contemplated and which are beyond the party’s reasonable control. In such circumstances, the right to terminate the MoAc immediately shall be reserved by both parties.
14.Consequences of Termination
a)Any termination under this MoAc shall be without prejudice to the accrued rights of the parties.
b)Termination shall not affect any rights, which are expressed to continue after the termination of the MoAce.g. Confidentiality.
c)A decision by either party to terminate the MoAc shall be made on the basis that it is the Client’s responsibility to assure that all participants registered with themat the time of the termination decision being taken shall be able to complete and be assessed for the activity on which they are registered. Although, students will not normally be registered as students with Middlesex University, the activity will be recognised for progression purposes.
d)Upon termination of this MoAc, both parties shall cease to use any documents, signatures/logos or materials provided to it by the other party, with the exception of those materials required to allow participants already registered to complete the activity; and both parties shall cease to advertise as having any connection with the other party, in respect of this MoAc.
e)On termination of this MoAc, both the University and the Clientwill cease to hold itself out as a representative of the other party with respect to any aspect of this MoAc.
f)On termination of this MoAc, the Client shall pay any outstanding amounts due and payable under this Agreement.
15.Assignment and Subcontracting
Neither party shall be permitted to transfer, assign or sub-contract or otherwise dispose of any of its rights orobligations under this MoAcwithout the prior written consent of the other.
16.Variation
This MoAc shall not be modified or amended except by an agreement in writing signed by the parties.
17.Status of Parties
Nothing in this MoAc shall be construed as establishing or implying a partnership or joint venture between the parties or shall be deemed to constitute either party as the agent of the other or to allow either party to hold itself out as acting on behalf of the other.
18.Severability
In the event that any term, condition, provision or clause of this MoAc shall be nullified or made void by any statute, regulation or order or by the decision or order of any court having jurisdiction, the remaining terms conditions and provisions shall remain in full force and effect.
19.Waiver
No delay, omission or failure by either party to exercise any of its rights or remedies shall be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right and remedy may be exercised from time to time and so often as may be deemed expedient by the party exercising such right or remedy.
20.Notices
a)Any notice or other communication under or in connection with this MoAcshall be in writing in the English language and shall be delivered by email and where indicated within the email by physical copy sent by pre-paid post (and air mail if overseas), to the party intended to receive the notice or communication at its address set out in 21(b) below or such other address as that party may specify by notice in writing to the party giving the notice.
b)In the absence of evidence of earlier receipt, any notice or other communication shall be deemed to have been duly given:
- if sent by electronic media, when notified by a read receipt
- if sent by mail, other than air mail, two days after posting it;
- if sent by air mail, seven days after posting it; and
c)University address for this service is: