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APPROVED LEARNING PARTNER AGREEMENT

between

HERIOT-WATT UNIVERSITY, a Scottish charity registered under number SC000278 with its principal office at Riccarton, Edinburgh, EH14 4AS, United Kingdom

and

[ ] of [ ]

WHEREAS

(A) Heriot-Watt University has developed the [Programme]; and

(B) Heriot-Watt University wishes to market and deliver the Programme in [country] through an Approved Learning Partner; and

(C) [ ] has agreed to accept appointment as an Approved Learning Partner in [country]

SECTION A

NOW, THEREFORE, the parties have agreed as follows:1 DEFINITIONS

"Awarding Body" shall mean Heriot-Watt University, of Riccarton, Edinburgh, EH14 4AS, United Kingdom.

"Approved Learning Partner" shall mean [ ] which has been accepted as an Approved Learning Partner by Heriot-Watt University.

“Approved Teacher/Tutor” shall mean a teacher/tutor who has been accepted as such by Heriot-Watt University under its Approved Teacher/Tutor procedures.

“Course” shall mean a unit of study within a Programme assessed by examination or by other means.

“Enrolment” shall mean where a person agrees to become a student of Heriot-Watt University by formally agreeing to abide by the University’s Statutes, Ordinances and Regulations, Policies and Procedures, and to become liable for fee payments.

"Programme" shall mean the Programme(s) of study detailed in the ‘Approved Programmes Schedule(s)’ hereof.

ALP Initials: Agreement template updated: July 2020ALP Date:

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2 COMMENCEMENT AND DURATION

2.1 This Agreement shall commence on [date] (“the Commencement Date”) notwithstanding the date or dates of signature.

2.2 This Agreement shall subsist for a period of three years (other than the fees) from the Commencement Date subject to satisfactory academic approval through the Awarding Body's Internal Audit process. The parties shall review and evaluate the operation of all matters under this Agreement prior to the second anniversary of the Commencement Date. Any amendment to this Agreement shall be made in writing.

2.3 At the signing of this Agreement all Programmes and the partnership arrangements are fully approved through Heriot-Watt University’s respective academic programme and partnership approval processes. Re-approval is undertaken on a five- and three-year cycle through the Awarding Body’s Academic Review and Internal Audit processes (respectively).

2.4 The Approved Learning Partner shall display a certificate indicating that it is an Approved Learning Partner of the Awarding Body. The certificate shall be supplied by the Awarding Body.

2.5 The parties shall keep each other informed and consulted on all material matters concerning this Agreement.

3 APPROVAL

3.1 The Approved Learning Partner shall be responsible for ensuring that it has the necessary statutory and regulatory approvals as apply within their country of operation to deliver the Programmes. The Approved Learning Partner must inform the Awarding Body of any changes within thirty days.

3.2 The first cohort of students will only be enrolled once the Approved Learning Partner has provided evidence that it has the necessary statutory and regulatory approvals to offer the Programmes.

4 DISPUTE RESOLUTION

4.1 In the event of any dispute arising between the parties hereto in respect of the terms of this Agreement or the operation of the Programme(s), the dispute shall be referred to a committee of three people, consisting of the Principal of each party or nominated representative and an independent third party agreed by the parties. The third party shall act as chairman of the committee. The committee shall act in good faith and use all reasonable endeavours to resolve the dispute to the mutual satisfaction of the parties.


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5 THE PROGRAMME OF STUDY

5.1 Under this Agreement, the Programme(s) to be offered by the Approved Learning Partner will comprise courses of study as detailed in the ‘Approved Programmes Schedule(s).

5.2 Schedules may be added or updated at any time with agreement by both parties to add additional Programmes or document changes to the existing Programmes.

5.3 Courses available, within the Programme, and their content, are subject to change by the Awarding Body, giving a minimum of three months’ notice prior to the implementation of the change.

5.4 Where there is a version of the Programme delivered at a campus of the Awarding Body, the academic standards and the learning outcomes of the Programme delivered through this Agreement will be identical to that of the on-campus version.

5.5 Programmes may be withdrawn by the Awarding Body or the Approved Learning Partner by mutual agreement, subject to satisfactory teach-out arrangements put in place by both parties.

6 PROGRAMME DELIVERY & LEARNING SUPPORT

6.1 The minimum level of service to be provided by the Approved Learning Partner under this Agreement is detailed in Section B 'Roles and Responsibilities’. Failure to meet the minimum level of service will entitle the Awarding Body to terminate this Agreement by giving a minimum of three months’ notice in writing to the Approved Learning Partner.

6.2 All teaching and tutoring will be in English.

7 ASSESSMENT

7.1 All examinations and summative assessments will be set and the marking undertaken by the Awarding Body, and will be the sole determinant in awarding credits and grades for the study undertaken.

7.2 All examinations will be set and conducted in accordance with the Awarding Body’s regulations and procedures.

7.3 The Programme will be assessed in the English language, unless otherwise agreed by the parties.

7.4 The Awarding Body will administer all aspects of the arrangements for the examination dates and location.

7.5 The Awarding Body will be responsible for co-ordinating and collecting information on examination results, and for passing this information to the Approved Learning Partner in a timely manner.

8 STUDENT RECRUITMENT AND ADMISSIONS


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8.1 All publicity and promotional information prepared by the Approved Learning Partner which refers to the Programme must be approved by the Awarding Body prior to publication. All such information should adhere to the Awarding Body’s brand guidelines. Any breach of this clause will entitle the Awarding Body to undertake rectifying action and may lead to termination of this Agreement at the sole discretion of the Awarding Body.

8.2 The Approved Learning Partner will be responsible for student recruitment and for the provision of information on prospective Programmes to existing and potential students and for obtaining at least the minimum student number stated in the ‘Approved Programmes Schedule(s)’.

8.3 The Awarding Body and the Approved Learning Partner will agree normal entry requirements for potential students. The minimum entry requirements to the Programme are listed in the ‘Approved Programmes Schedule(s)’ attached. The Approved Learning Partner shall endeavour to ensure that potential students meet the minimum entry requirements before forwarding student application details to the Awarding Body.

8.4 The Approved Learning Partner shall forward the applications of potential students to the Awarding Body for its determination as to eligibility for enrolment. The Awarding Body will have absolute discretion in admitting students onto the Programme at the appropriate entry point.

8.5 Students will not be enrolled for the Programme without having paid the appropriate fees to the Approved Learning Partner, in accordance with the fee payment terms outlined in Section 15 and ‘Approved Programmes Schedule(s)’. Once a student has been accepted on to a Programme, he/she must complete the appropriate Enrolment Forms for the Awarding Body.

8.6 Enrolment of students and the assessment of their eligibility to undertake the Programme shall follow the standard procedures of the Awarding Body.

9 PROGRAMME ADMINISTRATION

9.1 All academic matters related to the Programme will be governed by the Awarding Body’s Ordinances and Regulations.

9.2 All non-academic matters related to the Programme will be considered in accordance with the rules and procedures of the Approved Learning Partner.

9.3 Discipline cases, where these refer to irregularities concerning coursework or examinations, must be referred to the Awarding Body. The Awarding Body should also be notified of all discipline cases on a non-academic nature which have academic consequences for the students and/or reputational consequences for the Awarding Body or the Approved Learning Partner. In such cases the Awarding Body and the Approved Learning Partner shall agree the appropriate course of action to be taken.

9.4 Appeals relating to progression and degree classification must be referred to the Awarding Body.


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9.5 The Awarding Body will be responsible for maintaining student records and the

management of student progress. The Approved Learning Partner is also responsible for recording and maintaining appropriate student data.

9.6 The issuing of award certificates, results of examinations and transcripts, will be the responsibility of the Awarding Body.

9.7 Student complaints, where these refer to Programme content or delivery, should, in the first instance, be considered by the Approved Learning Partner. If the matter is not satisfactorily resolved at this level, students have the right to refer complaints to the Awarding Body. These will be considered in accordance with the Awarding Body's Student Complaints Policy.

9.8 The Approved Learning Partner will be responsible for providing conferencing facilities to enable the Awarding Body to conduct interviews relating to discipline, appeals or any other issue requiring such facilities. The conferencing facilities used in each instance will be agreed by the Awarding Body and Approved Learning Partner and may range from telephone services to internet-based audio-video conferencing or any similar means of instantaneous communication.

10 QUALITY ASSURANCE

10.1 The Approved Learning Partner must complete and return an Annual Programme Monitoring and Review Form. This will include data relating to admissions, progression and completion, details of quality assurance procedures, learning support, student feedback, and communication. The Approved Learning Partner will also provide the Awarding Body with a copy of any annual review, report, accreditation, approval or certificate which it requires to fulfil any national, ministerial or equivalent regulatory body condition to deliver the Programme.

10.2 The Approved Learning Partner will be responsible for the development, co-ordination and maintenance of local quality assurance procedures. Arrangements for quality assurance at the Approved Learning Partner will be no less rigorous than the arrangements operating at the Awarding Body.

10.3 Failure to maintain academic standards and the quality of Programme delivery will entitle the Awarding Body to terminate this Agreement by giving a minimum of three months’ notice in writing to the Approved Learning Partner.

10.4 The arrangements will include provision for:

(a) Adequate monitoring, including regular visits by staff from the Awarding Body or its agents to verify the accessibility and appropriateness of learning facilities such as library, computing and laboratory provision and other relevant support services and to ensure that agreed procedures are being carried out effectively.

(b) Clear and supported administrative systems to provide reliable and accurate information to the Awarding Body on the operation and management of the Programme, including their quality control systems, as listed in Section B ‘Roles and Responsibilities’.


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(c) The availability of designated Awarding Body and Approved Learning Partner staff for consultation, and effective systems of communication between the parties.

10.5 All academic matters are the exclusive responsibility of the Awarding Body. All non-academic matters shall be dealt with in the first instance by the Approved Learning Partner. All students will have the right of appeal to the Awarding Body against any decision of the Approved Learning Partner.

10.6 The details for assuring both parties of the quality and standards are outlined in Section B ‘Roles and Responsibilities’.

11. DATA SHARING

11.1 The Parties agree to fulfil their obligations under the UK Data Protection Act 2018 and other applicable data protection laws, as set out in the Data Processor Agreement, signed by both parties, that supplements this Approved Learning Partner Agreement. This is a UK Compliance requirement no matter where the Approved Learning Partner or students are based. The Approved Learning Partner will only process students’ personal data in accordance with instructions from the Awarding Body. This applies to data protection and student records management policies of the Awarding Body and other specific instructions or standing instructions of general application. The Approved Learning Partner must also act in accordance with other applicable laws in the relevant jurisdictions.

11.2 Unless otherwise agreed in writing, the Approved Learning Partner shall only process students’ personal data to the extent necessary for the carrying out of its obligations under this Agreement or as is required by law.

11.3 The Approved Learning Partner warrants and undertakes that it shall:

(a) implement appropriate technical and organisational measures to protect students’ personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure; and provide a written description of the methods employed, and systems used, for processing Personal Data, subject to reasonable and appropriate confidentiality undertakings, within any timescales required by the Awarding Body;

(b) obtain prior consent from the Awarding Body in order to transfer student personal data for processing by sub-contractors or other third parties; (this is an obligation of the Awarding Body as a Data Controller under the Article 28 of the European Union General Data Protection Regulation as applied in the UK Data Protection Act 2018 ie to ensure protection of rights and freedom of data subjects in processing their personal data:

(c) during the term of this Agreement comply with all applicable laws, regulations, and codes of practice in connection with its data processing obligations under this Agreement;

d) deliver to the Awarding Body the full names and home addresses, and other personal data as set out in the Student Records Management Policy of the Awarding Body, of all students enrolling for the Programme;

(e) without limitation to the generality of the foregoing, at the time when it collects any students’ data, provide the students with the Privacy Notice information specified by


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the Awarding Body for such purpose. The Privacy Notice for student and applicant data is available from: https://www.hw.ac.uk/uk/services/information-governance/access/privacy-current-students.htm

(f) not use student personal data in presentations, software demonstrations or for other training purposes;

(h) allow the Awarding Body or its representative (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit, the Approved Learning Partner's Data Processing procedures (and/or those of its agents, subsidiaries and Sub-contractors) and comply with all reasonable requests or directions by the Awarding Body to enable it to verify that the Approved Learning Partner is acting in full compliance with its obligations under this Agreement;

(i) notify the Awarding Body (within five Working Days) if it receives a request from a Data Subject to have access to that person's Personal Data; or a complaint or request relating to the Customer’s obligations under UK Data Protection Legislation; provide the Awarding Body with full cooperation and assistance in relation to any complaint or request made; provide the Awarding Body with any Personal Data it holds in relation to a Data Subject within the timescales required by the Awarding Body to comply with a data access request within the timescales set out in the UK Data Protection legislation;

(j) apply the student records retention policies set out in the Student Records Management Policy of the Awarding Body and undertake the prompt and secure destruction of all locally processed student personal data in all formats, (other than the records transferred to the Awarding Body under section 11.3d of this agreement) when it is no longer required for the purposes of carrying out of its obligations under this Agreement or as is required by law. The Student Records Management Policy is available from: https://www.hw.ac.uk/uk/services/docs/learning-teaching/policies/studentrecordsmanagement.pdf

(k) accept liability for misuse or breach in use by its staff or contractors of personal data

processed for the Awarding Body, and shall indemnify the Awarding Body against any loss or damage incurred by Heriot-Watt University arising from such misuse or breach

12. CONFIDENTIALITY

12.1 Unless otherwise agreed between the parties in writing, the parties and their respective representatives, officers, employees, agents and advisors will keep in the strictest confidence all information received hereunder including, but not limited to, fees, fee sharing arrangements, student numbers, pass rates, etc.

12.2 Neither of the parties hereto shall, unless required by law (either before or after the termination of this Agreement), disclose to any person not authorised by the relevant party to receive the same, any information relating to such party or to the affairs of such party or which the party disclosing the same shall have received during the period of this Agreement and each party shall use its best endeavours to prevent any such disclosure.

12.3 Neither of the parties hereto shall, save as required by any applicable law or regulations, cause to be made any public announcement about this Agreement or the


https://www.hw.ac.uk/uk/services/docs/learning-teaching/policies/studentrecordsmanagement.pdf

https://www.hw.ac.uk/uk/services/docs/learning-teaching/policies/studentrecordsmanagement.pdf

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business and affairs relating to the same without the prior written consent of the other party.

12.4 If the Awarding Body receives a request under the Freedom of Information (Scotland) Act 2002 or the Environmental Information (Scotland) Regulations 2004 to disclose any information that, under this Agreement, is the confidential information of the Approved Learning Partner, it will notify the Approved Learning Partner within five working days and will consult with it. The Approved Learning Partner will respond to the Awarding Body within five working days after receiving the notice, providing information to assist the Awarding Body to determine whether or not an exemption to the Freedom of Information (Scotland) Act applies to the information requested.

13. NOTICES

13.1 Any formal notice or communication between the parties hereto must be in writing. In the event of any dispute, the English text of such notice or other communication between the parties hereto shall prevail to the extent of any inconsistency.

13.2 Any notice to any party hereto shall be sufficiently served if:

(a) delivered personally to the place of business or the offices of the parties as stated herein or at such other addresses notified to each other in like manner as provided herein, in which case the addressee will be deemed to have received the notice of the time of delivery;

(b) sent by prepaid registered post to the address of the addressee as given in this Agreement; and shall be deemed to be served on the tenth day following the date on which it is so mailed regardless of whether such letter is actually delivered by the postal authorities.

14. INTELLECTUAL PROPERTY RIGHTS

14.1 The intellectual property rights contained in all Programme materials and presentation materials produced or provided by the Awarding Body for the Programme are, and remain the property of, the Awarding Body. Save as may be necessary for the fulfilment of this Agreement no licence, sale, loan or transfer of the said intellectual property rights is made hereunder.

14.2 The Programme materials and presentation materials provided in accordance with this Agreement are to be used exclusively for the delivery of the Programme and may not be used for any other purpose, without the prior consent in writing of the Awarding Body.

14.3 No transfer of ownership of Programme materials and presentation materials is inferred by this Agreement. On termination of this Agreement all electronic and hardcopy forms of materials supplied for the purposes of tutorial support must be returned to the Awarding Body.


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15. FEES AND PAYMENT

15.1 All fees chargeable in respect of the Programme are detailed in the ‘Approved Programme Schedule(s)’’ and all subsequent modifications thereafter.

15.2 All fees will be reviewed and agreed annually.

15.3 Fees shall be set by agreement between the Awarding Body and the Approved Learning Partner. The fee level shall be set at a date to be mutually agreed by both parties as detailed in the Approved Programme Schedule(s) (All fees are exclusive of VAT, any service tax, withholding tax or other local government tax that might be levied on any part of the gross student fee. The Approved Learning Partner is responsible for payment of any such tax that is, or may be, applied.)

15.4 No additional charges will be made to the students above the level of the fee mutually agreed by the Awarding Body and the Approved Learning Partner other than those as detailed in the ‘Approved Programme Schedule(s)’.

15.5 The tuition fee consists of a gross student fee payable by the student to the Approved Learning Partner. The Approved Learning Partner deducts any support fee agreed and due to it, and remits the balance (the Programme fee) to the Awarding Body.

15.6 The Approved Learning Partner shall collect the gross student fee from each student prior to Enrolment of the student each year.

15.7 All payments shall be made by the Approved Learning Partner to the Awarding Body monthly in arrears.

15.8 Payment by the Approved Learning Partner shall be made against 30 day invoices for the full Programme fee issued by the Awarding Body. The liability for Programme fee payment shall be in accordance with the Approved Programme Schedule(s).

15.9 Approved Learning Partners who fail to pay their full instalment by the due date shall be charged a late penalty of 4% on the outstanding balance of the instalment 30 days after the due date. The late payment of the Programme fee to the Awarding Body will result in a penalty invoice issued to the Approved Learning Partner, who will, where relevant, collect the interest fee from the student.

15.10Students may be liable to pay a separate examination fee, levied directly by the Awarding Body, including for re-assessment.

15.11 If any student is in debt to either the Awarding Body or Approved Learning Partner, the Awarding Body may, after reasonable notice has been given to the student, exclude the student from taking examinations or assessments in accordance with the Ordinances and Fees Policy of the Awarding Body. Such students may be deemed ineligible to receive a degree or other award.

16. TERMINATION

16.1 Except as otherwise provided in this Agreement, this Agreement may only be terminated by the mutual consent of the parties, or by one party giving twelve months written notice in advance to the other party. In the event of early termination of this Agreement at the instigation of the Approved Learning Partner, the Approved Learning Partner shall ensure that arrangements are secured to the satisfaction of the


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Awarding Body to support enrolled students so that students who wish to continue their Programmes are not prejudiced.

16.2 If it becomes apparent to the Awarding Body that the Approved Learning Partner has breached any clause within the Agreement, the Awarding Body may terminate the Agreement with immediate effect. In every case, the Awarding Body and the Approved Learning Partner will work together to agree on the appropriate ‘teach-out’ period for the remaining students who are studying on the Programme(s).

16.3 The minimum number of students for each intake for each Programme is stated in the Approved Programmes Schedule(s) hereto. Failure to achieve the minimum number over three consecutive intakes may be grounds for terminating this Agreement.

17. FRANCHISE

17.1 The Awarding Body is not granting a franchise to the Approved Learning Partner and the Approved Learning Partner will not pay a franchise fee to the Awarding Body in connection with this Agreement or any prior agreement, understanding or arrangement between them. Nothing contained in this Agreement shall be construed as establishing a partnership or joint venture or agency between the Awarding Body and the Approved Learning Partner.


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SECTION B

ROLES AND RESPONSIBILITIES

This Section of the Agreement describes the responsibilities of the two partners and describes how the business will be conducted to deliver high quality education to the students. This Section forms part of the contract but it is recognised that some of the detail will vary from year to year as developments take place. The details in this Section may be changed with the agreement of both parties.

Approved Learning Partner: contact information

ALP Name(Please provide full name)AddressWebsite

Institution Head (name and contact details)Course Director (name and contact details)Administrator (name and contact details)

Section 1: Support of student learning and the Approved Learning Partner

The Awarding Body is responsible for:

o Providing access to materials in electronic format via the University VLE and ensuring that programme materials for each course is updated on a regular basis

o Arranging to make course changes, including course developments

o Admission of students onto the Programme

o All academic matters related to the Programme/Maintenance of student records

o Issuing of results and transcript of performance

o Providing support for ALPs, including a visit schedule.

o Provision of contact details for key contact people.

o All Quality Assurance arrangements (see Section 2)

o Providing information on access to library services

o Providing information on access to VLE

o Providing information on access to Careers Services


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o Providing information on access to Student Services

Section 2: Quality Assurance Arrangements

The Awarding Body is responsible for:

o The quality and standard of all its Programmes and awards.

o Approving the Approved Learning Partner and Approved Tutors for the Programme.

o Ensuring that all procedures and decisions are based on criteria which are systematic and open to scrutiny and follow the Policies and Guidelines of the Awarding Body

o Establishing arrangements for monitoring and reviewing the Approved Learning Partner on a continual basis.

o Annual monitoring procedures and report to include feedback mechanisms on teaching and performance of students.

o Setting and marking of all summative assessments

Section 3: Support for Staff at the Approved Learning Partner

TO BE COMPLETED BY THE SCHOOL AND THE APPROVED LEARNING PARTNER

The Awarding Body requires oversight of support for staff at the Approved Learning Partner.

It is the responsibility of both the Awarding Body (School) and the Approved Learning Partner to ensure that the appropriate mechanisms are in place to support and develop the staff involved in delivery of the Programme(s).

3.1 Approval of Staff at the Approved Learning Partnera) Please provide confirmation that staff at the Approved Learning Partner are approved

appropriately through the University’s Approved Tutor, Teacher, Marker scheme.

b) Please provide information on the arrangements in place at the Approved Learning Partner to support staff and provide them with development opportunities.

c) Please provide details of the measures in place within the School to support a range of staff at the Approved Learning Partner to understand fully the delivery and management of the programme.

3.2 Provision of Training for staff at the Approved Learning Partnera) Please provide details of the measures within place in the School to train staff at the


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Approved Learning Partner, both at the approval stage, including the approval of a new Tutor, and as an ongoing activity

b) Please provide details of the measures in place at the Approved Learning Partner to provide local training to new staff involved in the programmes.

3.3 Provision of support for Staff at the Approved Learning PartnerPlease provide details of the measures in place within the School to ensure ongoing communications and support with the Staff at the Approved Learning Partner.

3.4 Development and Enhancement OpportunitiesPlease provide information on the opportunities available for development and enhancement activities arising from the Approved Learning Partner arrangement (School and Approved Learning Partner).

Section 4: Programme Delivery and Learning Support

TO BE COMPLETED BY THE APPROVED LEARNING PARTNER

Tell us about your institution’s mechanisms for the delivery of courses and the provision of student support. Please complete the following sections:

4.1 TEACHINGIt should be noted that the delivery of courses will require staff who are Approved Tutors. An Approved Tutor form with CV should be submitted for each member of staff.Please provide details within the Schedule(s) of Approved Tutors/Teachers and what they are approved to teach/intend to teach, including the approval status (approved, pending approval)

LEARNING SUPPORT

4.2 Learning materialsCan you confirm that students are provided with access to VISION?

4.3 Student lecture/ tutorial rooms Please provide details. (Such as number of classrooms, capacity and equipment included)

4.4 Student study areas Please provide details. (Such as number, capacity and equipment included)

4.5 Library facilitiesThe ALP must provide:

access to in-house library facilities to support student study and staff subject


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knowledge access to suitable current in-country academic library facilities to support student

study and staff subject knowledge The capacity to directly borrow materials from in-country academic library facilities Information skills support and instruction from in-country academic library facilities

(please refer to the Information Services Requirements Checklist, that must also be returned with this Agreement) Please provide details. (Type of resource provision and access hours)

4.6 Computer (IT) facilitiesThe ALP must provide:

A full range of personal IT and printing facilities on premises A suitably robust in-country IT network infrastructure A suitably current suite of IT Applications to support student study and access to

the Awarding Body's online resources An in-country HelpDesk support to enable connection of privately-owned IT

equipment to the Awarding Body's online resources, either via the net or wifi(please refer to the Information Services Requirements Checklist, that must also be returned with this Agreement) Please provide details.

4.7 Any other information about facilities

Section 5: Student support, communication and representation


5.1 Tutorial supportPlease provide details of the tutorial support which you would provide. (This might include a breakdown of the teaching schedule for a typical course)

5.2 Communication and representationPlease provide information on your policy regarding staff/student and student/student representation and communication – and its influence on your operations.

5.3 OrientationPlease provide information on orientation, induction, advice and assistance which is offered to new students to prepare them for their studies.

5.4 Academic counselling and advicePlease provide information on the counselling and advisory services available to support students in their studies. (To include details of how students access their tutors and whether any mentoring schemes are in place).


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5.5 Any other information about support services

5.6 Examinations and assessmenta) Please provide information on the intended methods of teaching, including evaluation

procedures to ensure that students are prepared for assessment.

b) Heriot-Watt examination policy- can you confirm that your staff understand the processes and procedures of the examination process? (The University's Guidelines on Examinations are available at https://www.hw.ac.uk/services/academic-registry/quality/qa/exam-guidelines.htm)

Section 6: Academic standards and quality assurance


The Approved Learning Partner will be responsible for ensuring that the quality assurance procedures and practices are in place.

The Approved Learning Partner will provide evidence of the robustness and reliability of quality assurance and control procedures at programme and organisational levels, and ability to meet the requirements of the Awarding Body. Evidence of the following is requested:

6.1 Sound quality management at all levelsPlease provide information on the quality assurance processes/regulations in place at your institution and indicate where the Heriot-Watt University Programmes will fit into the regulatory structure. (This could include submission of your Quality Assurance manual and/or description of the name and function of responsible Boards/Committees.)

6.2 Administrative support systems and quality assurance arrangements at programme and organisation levelPlease provide information on the processes in place at your institution to support the administrative functions such as admissions, finance and fee administration.

6.3 Provision for staff appointment, induction and developmentPlease provide information on the processes in place at your institution to ensure the appointment, induction and development of appropriate staff.

6.4 Student feedback proceduresPlease provide information on the student feedback mechanisms in place at your institution.


https://www.hw.ac.uk/services/academic-registry/quality/qa/exam-guidelines.htm

https://www.hw.ac.uk/services/academic-registry/quality/qa/exam-guidelines.htm

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6.5 Student complaints proceduresPlease provide information about your student complaints procedures.

6.6 Heriot-Watt University expectations and annual course monitoring and reviewCan you confirm that your staff understand the requirements of the HWU annual monitoring and review process?

Section 7: Operational Plans


7.1 Governmental approval requiredPlease provide a summary of the regulatory body requirements for programme approval. If government approval has not yet been sought please indicate the approximate timescale for approval to be granted.

7.2 Insurance Coverage Please provide a summary of your institutions’ insurance coverage for all activities and practices which involve the Awarding Body’s students (please refer to Section C, para. 1.4)

7.3 Health and Safety Services Please provide a summary of your institutions’ health and safety services and procedures (please refer to Section C, para 4.1)

7.4 Annual Reviews and Annual ReportsPlease provide a summary (and copies) of any annual reviews and/or annual reports required to fulfil any national, ministerial, or equivalent regulatory body, requirement to deliver the Programme.

7.5 Date of first intake


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SECTION C

1. INSURANCE AND INDEMNITIES

1.1. To the extent lawfully permitted, throughout the Term, each Party shall take out and will maintain policies of insurance and levels of insurance as reasonably appropriate to fulfil each Party's obligations, liabilities, risk profile, or risk exposure under this Agreement and in any event not limited to covering any negligent acts, errors or omissions in connection with their implementation of this Agreement with limits of indemnity of not less than:

i. Public Liability - £5M any one event, unlimited in the aggregate;ii. Employers' Liability - £5M any one event, unlimited in the aggregate;iii. Professional Indemnity - £2.5M in aggregate in any one year of insurance.

1.2. In relation to potential liabilities which may arise from either party’s failure to deliver satisfactory services under the contract, or from harms caused by acts of either party, or of negligence or omission by either party, each party will be responsible for the liability, or its share of the liability, arising from its own acts or negligence, and will not be responsible for the other party’s liabilities.

1.3. Each Party, in respect of any potential claim which it becomes aware of, shall:

a) as soon as reasonably practicable after becoming aware of the claim, provide the other with reasonable details of it and thereafter provide the other in a timely manner, with such information relating to the claim as may reasonably be requested from time to time by the other;

b) not make, and use its reasonable endeavours to procure that there is not made, any admission of liability, except with the prior written consent of the other, such consent not to be unreasonably withheld or delayed;

c) keep the other reasonably informed of all material developments relating to, and regularly informed of the progress of, the claim;

d) use its reasonable endeavours to procure that the handling of the claim, including without limitation any resistance of or defence to it, is carried out and conducted in all material respects in accordance with such reasonable written directions as may be given by the other;

e) not settle or compromise the claim, and procure that the claim is not settled or compromised, except with the prior written consent of the other, which consent shall not be unreasonable, withheld or delayed.

1.4. The Approved Learning Partner shall provide the Awarding Body with information on the Approved Learning Partner's Insurance cover for the activities and practices which involve the University's students.

2. FORCE MAJEURE

2.1 If either party is affected by Force Majeure (any unforeseeable and insuperable event affecting the carrying out of this Agreement by either Party) it shall forthwith notify the other parties of the nature and extent of the Force Majeure.

2.2 No party shall be deemed in breach of this Agreement or otherwise be liable to the other parties by reason of any delay in performance or non-performance of any of its


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obligations hereunder to the extent that such delay or non-performance is due to any Force Majeure; and the time for performance of that obligation shall be extended accordingly.

2.3 If the Force Majeure in question prevails for a continuous period in excess of 6 months the parties shall enter into discussions with a view to alleviating its effect and to agree such alternative arrangements as may be fair and reasonable.

3. PREVENTION OF BRIBERY, CORRUPTION AND FRAUD

3.1. In accordance with UK Government requirements, the Approved Learning Partner shall:

(a) comply with all applicable laws, regulations and sanctions relating to anti-bribery and anti-corruption including, but not limited to, the UK Bribery Act 2010 (Relevant Requirements);

(b) not engage in any activity, practice or conduct which would constitute an offence under the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK

(c) comply with The Awarding Body's Ethical Business: Bribery Prevention Policy, which is located: http://www.hw.ac.uk/policy/ethical-business-bribery-prevention-policy.pdf

(d) ensure that all persons associated with the Approved Learning Partner or other persons who are performing services in connection with this agreement comply with this clause 19.1

3.2 Prevention of Fraud

3.2.1 The Approved Learning Partner shall take all reasonable steps to prevent fraud by its staff, its shareholders, members, and directors in connection with the receipt of monies or falsification of records from the Awarding Body or payment to the Awarding Body.

3.2.2. The Approved Learning Partner shall notify the Awarding Body immediately if it has reason to suspect that any fraud has occurred or is occurring or is likely to occur within its organisation.

4. HEALTH & SAFETY

4.1 The Awarding Body has statutory obligations to its students under United Kingdom health & safety legislation. To ensure that the Awarding Body can meet those obligations and discharge its duty of care, the Approved Learning Partner shall provide the Awarding Body with the following information:

(i) details of how the Approved Learning Partner manages health and safety, particularly relating to aspects of the activities and practices with which the student will be involved.

(ii) confirmation that risk assessments have been completed for activities and practices with which the student will be involved. Confirmation should also be provided to verify that the risk assessments and details of any necessary control measures are provided to the student.

(iii) details of the Approved Learning Partner's arrangements to control emergency situations, such as fire.


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4.2 The Approved Learning Partner should notify the Awarding Body immediately if an incident occurs which results in injury to a student enrolled on a Programme of the Awarding Body. This notification should be made by:-e-mail to [email protected] or telephone to +44 (0)131 451 3900.

5. EQUALITY & DIVERSITY

5.1 The Awarding Body has statutory obligations to its students under UK Equality legislation. The Awarding Body has an Equality & Diversity Policy that directs both compliance and proactive activities that relate to equality and diversity. The Approved Learning Partner will comply with the Awarding Body's policy where practicable. The Awarding Body shall pay due regard to non UK legislation that might be applicable to the Approved Learning Partner.

6. LAW

6.1 This Agreement shall be governed by and construed in accordance with Scots law. In the event of any dispute hereunder which cannot be resolved to the parties’ mutual satisfaction, the dispute shall be submitted to the exclusive jurisdiction of the Scottish Courts.


mailto:[email protected]

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SECTION D

IN WITNESS WHEREOF these presents, consisting of this and the preceding pages, together with the Schedule(s) hereto, are signed by the parties in duplicate as follows:

For Approved Learning Partner: For Heriot-Watt University:

Name Name

Position Position

Date Date


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Approved Learning PartnerAPPROVED PROGRAMMES SCHEDULESchedule [number]: School of [ ] (Date)

This Schedule replaces the Schedule [number]: School of [ ] (date) [delete if necessary]

Programme Details

Full Name of Approved Learning PartnerLocation and full address of the Approved Learning PartnerDate of Commencement of this ScheduleName of Award (please provide the programme structure in an Appendix to this Schedule detailing the list of courses, credit level, student contact hours etc)

Award:

Entry Qualifications

Learning Support by ALP if different to Section B of the main contract

* Credit level and effort are specified by the Awarding Body using the Scottish Credit and Qualifications Framework

Resources and FacilitiesSpecific resources required to deliver the programme other than the basic infrastructure described in Section B of the agreement (e.g. classrooms, IT, Library)ALP support if different to Section B of the main contract

Approved Tutors, Approved Teachers, Approved MarkersName of Applicant

Position Sought

Courses to be Taught Approval Status (pending/approved)

Dates of Approval

Minimum number of students[Specify here if the numbers relate to each intake where there is more than one intake]

20** 20** 20** 20** 20**

Fees (for specific details, see main Agreement, Clause 15)Fees at the commencement of the Gross Student Fee Support Fee Programme Fee


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implementation of this Schedule (charged to student)

(retained by ALP) (paid to Awarding Body)

£ £ £

The following additional fees are charged by the Approved Learning Partner which are not included in the above Gross Student Fee:

Type of Fee Currency/ Amount

------------------------------------ -----------------------------------Signed on behalf of the Signed on behalf of theAwarding Body Approved Learning Partner------------------------------------- -----------------------------------Date: Date:


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