Mentoring services (the "Services") which are provided by
a member of The Worshipful Company of Information Technologists (the
"ITC") or a non-member specifically endorsed by the ITC or
one of its Panels ("Mentor") to any company, organisation,
individual or group of individuals ("Client") are subject
to the following terms and conditions which shall apply to the exclusion
of all other terms including any terms which the Client may purport
to apply under any confirmation of instruction, acceptance letter or
similar document, unless otherwise specifically agreed in writing by
the Mentor.
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There is no charge for the Services but by agreement between the
Mentor and the Client reasonable expenses incurred by the Mentor
may be recoverable and the Mentor is at liberty to come to a separate
arrangement concerning matters outside the ambit of the Services.
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In providing the Services a Mentor is acting independently of any
other party. Accordingly, the Client acknowledges that neither the
ITC nor its subsidiary, The Worshipful Company of Information Technologists
Charity ("the Charity Company") is a party to any contract
or agreement between a Mentor and a Client and neither shall have
any liability for any acts or omissions on the part of a Mentor.
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The Client agrees to co-operate with the Mentor in the performance
of the Services and to provide such support, facilities and information
as may be reasonably required. All decisions and actions taken by
Client in connection with its business or otherwise that may rely
on any information or opinion received from a Mentor during the
provision of the Services are solely the responsibility of the Client.
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A Mentor shall have no liability to a Client or its business for
any loss or damage whatsoever, whether direct, indirect, special
or consequential, which arises in contract, tort, by statute or
otherwise. Nothing in these conditions excludes or limits a Mentor's
liability for death or personal injury caused by any wilful default
or negligence.
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If a Client provides a Mentor with information which infringes
third party intellectual property rights, is defamatory, constitutes
a breach of confidentiality or imposes some other liability upon
the Mentor, the Client will indemnify the Mentor, the ITC and the
Charity Company, against any liability they may assume by reason
of the use of such information in the course of the Services or
after they shall have been provided.
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The Mentor undertakes not knowingly to cause or permit any action
which may damage or endanger the intellectual property rights of
the Client or the title thereto, nor to permit others to do so.
The Client shall have no rights to, or to claim ownership of, any
intellectual property provided or originated as part of the Services
by the Mentor.
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A Mentor shall not be deemed to have made any representations,
warranties or undertakings of any kind to a Client in relation to
the Services.
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The Mentor and the Client will promptly disclose to each other
any conflicts of interest of which either becomes aware during the
provision of the Services.
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Both Mentor and Client will keep confidential all information disclosed
by one to the other that is not in the public domain provided that
the Mentor may be permitted in good faith and with reasonable discretion
to discuss issues arising with (a) other mentors duly appointed
by the Client and (b), members of the Steering Committee of the
ITC's Entrepreneurship Panel ("the Committee") where it
is likely to be beneficial to the Client and/or the ethos and standing
of mentoring generally. It is further agreed that the Mentor will
use all reasonable endeavours to ensure in relation to discussions
within the Committee that (i) such detail as is disclosed remains
confidential within the Committee and (ii) that insofar as records
are maintained by the Committee on progress of a Client, these will
remain internal to the Committee and may only be disseminated outside
the Committee on a suitably anonymised basis.
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Either party has the right to terminate the provision of the Services,
without thereby incurring any liability to the other, by notice
to such effect given orally or in writing to that other. In the
event of any termination before any Services shall have been completed,
the terminating party undertakes to provide the other with reasonable
explanation of the underlying reasons for so doing.
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English law shall govern these terms and conditions.
Copyright © 2009 The Worshipful Company of Information Technologists
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