This section sets out the renewal, territory extension, and termination processes for our agents.
How renewal works
When your contract is up for renewal you will be contacted by the Contracts and Commissions Officer with a contract extension letter for you to sign and return. Contracts are extended for a standard 3 years, but we hold the right to extend for shorter periods.
Extending recruitment territories
If you would like to extend your agency's recruitment territories please contact your market's Recruitment Officer. If it is agreed that your territory can be extended you will be sent a letter of confirmation for you to sign.
How we can terminate a contract
15.1 Either party shall be entitled to terminate this Agreement immediately in the event of an irremediable breach of any material term thereof by the other party.
15.2 The University may terminate this agreement for any breach by the Representative in its solediscretion (acting reasonably) of clause 6 of this Agreement.
15.3 If a breach is capable of remedy and if such breach is not remedied within thirty (30) days of notice of the breach the party not in breach shall be entitled to terminate immediately.
15.4 Either party shall be entitled to terminate this Agreement:
(a) at any time by giving to the other at least three (3) calendar months’ notice in writing to take effect on or at any time preceding expiry of the term specified in Schedule 4; or
(b) immediately by written notice in the event of any of the following occurrences:
(i) a third party lawfully takes adverse possession of any of the premises of or a receiver is appointed over a substantial portion of the assets of the other party; or
(ii) the other party makes any voluntary arrangement with its creditors or becomes subject to an administration order or goes into liquidation (except for the purposes of amalgamation or reconstruction); or
(iii) any process similar to the above under the law of the Representative’s jurisdiction occurs in relation to that party.
16. Effect of Termination
16.1 In the event of termination for any reason
(a) the provisions of Clauses 1, 2.2, 2.3, 2.4, 2.5, 7, 8, 10, 11, 12, 14 and this Clause 16 shall continue in force without limit of time; and
(b) the Representative shall within one (1) calendar month in accordance with the directions of the University either send to the University or otherwise dispose of all material then in the possession of the Representative either supplied by the University or produced by the Representative and shall delete any references to the University in its own promotional materials and activities; and
(c) the Representative shall cease all activities under this Agreement save that if so requested by the University the Representative shall provide such information and such assistance as the University reasonably requires concerning:
i) any Applicants who have sought or been offered assistance from the Representative; and
ii) the activities of the Representative under this Agreement.
16.2 In the event of termination under Clause 15:
(a) Commission will be paid to the Representative as described in Schedule 3 for any Applicant already introduced by the Representative provided that any such Applicant is enrolled by the University within six (6) calendar months of that introduction; and
(b) the University shall pay to the Representative all costs which the University has agreed under Schedule 4 and which have been already incurred by the Representative at the date of termination.
16.3 In the event of termination by the University under Clauses 15.1 or 15.3(b) the Representative shall be liable to the University for all consequential and incidental costs and expenses incurred by the University in continuing or discontinuing the promotional events and visits organised in connection with the Services prior to the termination date.
Bribery Act
The Bribery Act 2010 modernises the law on bribery. It came into force on 1 July 2011.
Key Points
This Act deals only with bribery - not other forms of white collar crime.
Hospitality is not prohibited by the Act.
Facilitation payments are bribes under the Act just as they are under the old law.
What is covered by the Act?
The Act is concerned with bribery. Very generally, this is defined as giving someone a financial or other advantage to encourage that person to perform their functions or activities improperly or to reward that person for having already done so. So this could cover seeking to influence a decision-maker by giving some kind of extra benefit to that decision maker rather than by what can legitimately be offered as part of a tender process.