Standard Terms for Assessment Services - OCR

1 Standard Terms for Assessment Specialist Services April 2021 v1 Standard Terms for Assessment Specialist Services These are the Terms and conditions under which you will provide Assessment Services to The University of Cambridge through its department, The University of Cambridge Local Examinations Syndicate (known as UCLES ) of The Triangle Building, Shaftesbury Road, Cambridge CB2 8EA, United Kingdom, where UCLES acts for and on behalf of The Chancellor, Masters and Scholars of the University of Cambridge . UCLES comprises three business units: Oxford Cambridge and RSA Examinations is a company limited by guarantee ( OCR ), Cambridge Assessment International Education ( Cambridge International ) and Cambridge Assessment English ( Cambridge English ), and acting jointly with the University of Cambridge department Cambridge University Press of The University Printing House, Shaftesbury Road, Cambridge CB2 8BS, comprises the business unit Centre for Evaluation and Monitoring ( CEM ), together known as Cambridge.

2 1. Term You shall provide your Assessment Services to Cambridge for the period set out in Appendix 1 and, subject to earlier termination in accordance with the Terms of this agreement, it will automatically terminate on the expiry of that period or on the completion of the Assessment Services . For the avoidance of doubt Cambridge is under no obligation to offer any other invitation on expiry of this agreement and you are under no obligation to offer any Services for any further period. 2. Duties You shall use your best endeavours to promote the interests of Cambridge in carrying out the Assessment Services ( Assessment Services ) described in Appendix 1. You will provide the Assessment Services : using reasonable skill and care commensurate with the responsibility of the task and acting in the best interests of Cambridge at all times; as detailed in any relevant instructions from Cambridge; as detailed in any relevant codes of practice; Standard Terms for Assessment Specialist Services April 2021 v1 in accordance with the General Conditions of Recognition issued by the Office of Qualifications and Examinations Regulation and any other relevant regulatory requirements where applicable; and in accordance with any Cambridge policies as indicated in appendix 1.

3 Subject to clause , while you are able to decide how best to perform the Services , Cambridge will evaluate any Services provided by you to ensure they are of a sufficient Standard to meet Cambridge s quality and regulatory requirements. You will participate in such reviews and training activities as required by Cambridge to ensure that quality standards and regulatory requirements are adhered to and you will co-operate in good faith with any representative of Cambridge (or any other person nominated by Cambridge) in respect of any review. You will not, without Cambridge s prior consent, use or allow to be used the Cambridge name, or use your name in association with the Cambridge name for any purpose whatsoever (including commercial or non-commercial purposes), whether expressly or by implication. For the avoidance of doubt, this includes marketing you or your Services and/or providing your personal contact details to Cambridge s clients or other third parties you engage with through performing the Assessment Services .

4 You shall give to Cambridge all such information and reports as it may reasonably require in connection with matters relating to the provision of the Assessment Services . You shall ensure that you have the visas, work permits and other consents necessary to enable Cambridge to make full use of the Assessment Services . You shall, upon request, promptly provide Cambridge with proof of the above visas, work permits and other consents. Cambridge shall be entitled to make such enquiries of and obtain such information from you and/or any third party as is reasonably necessary in order to verify the accuracy of the foregoing. You must comply with our anti-corruption and bribery policy and procedures. Failure to do so may result in the immediate termination of this agreement. You have no authority (and shall not hold yourself out as having authority) to bind Cambridge, unless we have specifically permitted this in writing in advance.

5 3. Fees and Expenses Cambridge will pay you the fee indicated in Appendix 1 in accordance with its usual payment Terms . All sums payable under this Agreement are exempt of UK VAT, under Item 3(a) of Group 6, Schedule 9 of the Value Added Tax Act 1994. Standard Terms for Assessment Specialist Services April 2021 v1 We reserve the right to reduce the fees, or to refuse to pay the fees or a portion of the fees, if your work is below the Standard expected by Cambridge in Terms of quality, quantity or timing of delivery, or if the work is outside the remit of the Assessment Services . We will reimburse all reasonable expenses, including where applicable subsistence payments, properly incurred in the provision of the Assessment Services which comply with Cambridge s expenses guidelines, as amended from time to time, subject to the production of receipts. We are entitled to deduct from any sums payable to you any sums that you may owe Cambridge at any time.

6 4. Other Activities You may be engaged, employed or concerned in any other business, trade, profession or other activity which does not place you in a conflict of interest with Cambridge in accordance with clause 6 below. 5. confidential information Your work is strictly confidential and the confidentiality restrictions contained in this clause 5 continue after expiry or termination of this agreement for whatever reason. You shall immediately notify Cambridge of any breach of the confidentiality provisions in this clause 5. You shall not use or disclose to any person either during or at any time after your engagement by Cambridge any confidential information about the business or affairs of Cambridge or any of its business contacts, or about any other confidential matters which may come to your knowledge in the course of providing the Assessment Services . For the purposes of this clause 5, confidential information includes, but is not limited to, any information that would be reasonably regarded as confidential which relates to: the business, affairs, customers, clients, suppliers, plans, intentions, or market opportunities of Cambridge, and the operations, processes, product information , know-how, designs, trade secrets or software of Cambridge and any photographs or videos taken at Cambridge training sessions; the nature or any aspect of the Assessment Services undertaken by you; the nature or any aspect of the work undertaken by Cambridge; any other of Cambridge s affairs, whether financial or otherwise; the content of any work undertaken or created by you or created or produced by Cambridge; usernames, passwords or any other security measures issued by Cambridge or its agents or sub-contractors.

7 And Standard Terms for Assessment Specialist Services April 2021 v1 any and all Assessment materials. These restrictions do not apply to: any use or disclosure authorised by Cambridge or as required by law; or any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure. You must only carry out the Assessment Services at secure premises in accordance with any guidance from Cambridge, and you must ensure and be responsible for the security of all confidential information , including any Assessment materials, both in electronic and paper form, in your possession. You will ensure that any computer or other electronic equipment used to carry out the Assessment Services is kept safe and secure at all times, and that all confidential information is password protected. You will return to Cambridge or destroy any documents or other articles containing confidential information on termination or expiry of this agreement or if requested to do so by Cambridge for whatever reason.

8 6. Integrity and Conflicts of Interests This agreement is subject to and conditional upon your submission of a complete and accurate Declaration of Conflict of Interest form to Cambridge. If you contribute to, have sight of, or have any involvement in the production of confidential Assessment materials or confidential information about an Assessment for a Cambridge Product (as referred to as a product in Cambridge English, a specification in OCR, a syllabus in Cambridge International and a Assessment content in CEM) then you shall: not accept any engagement, where such engagement involves the delivery of advice, training or guidance on that Cambridge Product for the lifetime of the Product. In this case engagement means any appointment or employment, either directly or with an agency, whether under contract of service or a contract for Services or otherwise, which is not offered and organised by Cambridge.

9 This clause applies from the date of your first involvement with the Product; and immediately disclose to Cambridge any and all instances in which you have been, or are currently, involved in the preparation of a resource designed to support the preparation of learners for assessments for a Cambridge qualification in which you have been required to provide any Services in any capacity (this includes but is not limited to the preparation of a relevant textbook and 'learners' includes persons who are likely to become learners for a Cambridge qualification). Standard Terms for Assessment Specialist Services April 2021 v1 To ensure the integrity of Cambridge s assessments you shall immediately notify Cambridge if you have any interest in, or with, any person taking or involved in any way with a Cambridge Assessment at any time during the period of this agreement and for 2 years following the termination of this agreement.

10 You have an interest in a person if that person is a close relative, or is a person where your interest (whether professional or not) could compromise the integrity of Cambridge s assessments, or your integrity, if the relationship were not disclosed. You shall immediately notify Cambridge of any potential conflicts of interest, including but not limited to, authoring, preparing candidates, offering any type of support Services , or any previous or existing relationship with any Cambridge centre in which you have been required to provide Services in any capacity. You shall immediately notify Cambridge if you are preparing candidates for the Assessment for which you are providing Assessment Services to Cambridge. You shall immediately notify the head of the school or institution of your role in providing Assessment Services to Cambridge. Cambridge retains the right to determine in its sole discretion whether a conflict of interest exists and any such judgement will be final.