Foster Carer Assessment Forms Licence Agreement
Terms & Conditions
For the use of the materials on The Skills to Foster Assessment CD Rom (assessment report form and assessor’s toolkit).
These Terms & Conditions are set out by the Licensor, The Fostering Network, of 87 Blackfriars Road, London SE1 8HA and the Licensee and are relevent as of 15 April 2010.
1. Purpose
1.1 Agreement made between The Fostering Network (hereinafter called “The Licensor”) of 87 Blackfriars Road, London, SE1 8HA and The Licencee.
1.2 Subject to the terms stated below, The Licensor shall licence for use The Skills to Foster Assessment CD Rom (hereinafter called “The Forms”).
2. Term
2.1 The licence is only valid for the period set out in the ‘License Agreement’ at which time The Licencee may apply in writing to The Licensor for renewal of the Licence, terms and conditions of which shall be mutually agreed. Alternatively, the licencee may be contacted to renew the agreement.
3. Licence
3.1 In consideration of the payment of fees stated in 4.1 and subject to the conditions herein contained, The Licensor grants to The Licensee the non-exclusive right to reproduce electronically The Forms.
3.2 The Licensor further grants The Licensee the non-exclusive rights to distribute the diskette of The Forms and copies thereof within its organisation for non-commercial use on computer word processing systems and The Licensee’s local computer network on The Licensee’s premises within the United Kingdom.
3.1 The Licensee agrees not to transmit, distribute or copy The Forms onto any computer and/or telecommunications network outside its organisation or to allow use by third parties outside the organisation and/or outside the United Kingdom.
3.2 The Licensee agrees to reproduce faithfully the full text of The Forms, from which no material may be deleted. Permission to add to, adapt, or amend material on The Forms must be sought in writing from The Licensor, such permission not to be unreasonably withheld. The Licensee, on receiving written request, shall furnish to The Licensor within 14 days a hard copy of the electronic editions of The Forms for Inspection.
3.3 Permission to translate into and use The Forms in any other language than English must be sought by The Licensee in writing, such permission not to be unreasonably withheld.
4. Fees
4.1 The fee payable will be based on the following standard pricing bands:
| Pricing Band | Number of fostering households registered with fostering service at time of application | Fee per annum |
|---|---|---|
| A | Less than 50 | £100 |
| B | 50 - 149 | £500 |
| C | 150 - 299 | £1125 |
| D | 300 - 500 | £2000 |
| E | Over 500 | £2500 |
*Subject to change at any time.
4.2 Value Added Tax shall be charged at the rate prevailing on the date of this agreement.
4.3 Partridge & Print will invoice the licensee for all fees payable. Partridge & Print withhold the right to refuse to invoice organisations if deemed appropriate.
4.4 Invoices must be paid strictly on a 30 days net terms, to Partridge & Print. Payment details are set out in Appendix 2.
4.5 Applications are periodically checked. Any deemed to be innaccurate will be re-charged the full amount.
5. Assignment
5.1 The Licensee shall not assign this licence without the prior written consent of The Licensor.
6. Copyright
6.1 The copyright in The Forms shall remain the property of The Licensor.
6.2 The Licensee agrees to ensure that the copyright notice detailed in Appendix 1 of this agreement is displayed on the first page of any hard copy of The Forms printed out and on the first screen each time The Forms are accessed on a computer system.
7. Contract Variation
7.1 The terms of this agreement may not be varied on any part other than by agreement in writing.
8. Change of Address
8.1 Each of the parties shall give notice to the others of the change or acquisition of any address or telephone facsimile or similar number at the earliest possible opportunity.
9. Notices
9.1 Any notice to be served on the other party shall be sent by prepaid recorded delivery or registered post to the address of the relevant party shown on page one of this agreement.
10. Headings
10.1 Headings contained in this agreement are for reference purposes only and shall not be incorporated into this agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
11. Termination of Agreement
11.1 The Licensor may terminate this agreement by written notice if the other party:
11.1.1 is in material breach of any of the terms of this agreement and fails to remedy such breach within 30 days of receipt of written notice giving full particulars of the breach and of the steps required to remedy it.
11.1.2 becomes bankrupt, or makes a composition or arrangements with its creditors, or has a proposal in respect of its company for voluntary arrangements for a composition of debts or scheme, or arrangements approved in accordance with the Insolvency Act 1986;
11.1.3 has an application made under the Insolvency Act 1986 to the court for the appointment of an administrative receiver;
11.1.4 has a winding-up order made (except for the purposes of amalgamation or reconstruction) or a resolution of a voluntary winding-up passed;
11.1.5 has a provisional liquidator, receiver or manager of its business or undertaking duly appointed;
11.1.6 has an administrative receiver as defined in the Insolvency Act 1986 appointed;
11.1.7 is in circumstances which entitle the court or a creditor to appoint or have appointed a receiver, a manager or administrative receiver, or which entitle the court to make a winding-up order;
11.1.8 offers any improper inducements or exerts unreasonable pressure on the first party;
11.1.9 takes unreasonable financial advantage of the relationship with the first party;
11.1.10 shall have given any undisclosed or illicit fee or reward to any elected member or officer of the first party in order to gain unfair advantage; or
11.1.11 shall have offered work covered within the terms of this agreement to an elected member or officer of the first party to be carried out independently of the first party.
12. Right Cumulative
12.1 All rights granted to any of the parties shall be cumulative and no exercise by any of the parties of any right under this agreement shall restrict or prejudice the exercise of any other right granted by this agreement otherwise available to it.
13. Waiver
13.1 The failure by any party to enforce at any time or for any period one or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
14. Status of Agreement
14.1 The agreement does not constitute a partnership or joint venture arrangement between The Licensor and The Licensee and The Licensee must not act or purport to act as an agent of The Licensor.
15. Complete Agreement
15.1 This licence constitutes the entire agreement between the parties in relation to the transactions referred to herein whether written or oral and any such prior arrangements are cancelled at the commencement date of this Licence and this Licence supersedes any previous Licence between the parties in relation to such transactions.
16. Governing Law
16.1 This agreement shall be governed by English Law in event particular including formation and interpretation and shall be deemed to have been made in England.
Appendix 1
Copyright 2004 The Fostering Network.
Reproduced by permission of the Fostering Network for use by The Licensee
Permission to copy, transmit or distribute further must be sought in writing from the Fostering Network.
Permission to add to, amend and adapt material from The Forms must be sought in writing from the Fostering Network, 87 Blackfriars Road, London, SE1 8HA.
Name Ruth Richards
Job title Publications & Marketing Manager
For and on behalf of
The Fostering Network
Appendix 2
From April 2010 Partridge & Print Ltd administrate the licence agreement on behalf of the Fostering Network.
Please return your order form along with a PO (if paying by invoice) to:
Partridge & Print Ltd
7 Bradfield Road
Wellingborough
Northamptonshire
NN8 4HB
Tel: 0844 335 1892
Company No: 659421 Vat No: 932 9574 92
Account Name: Partridge & Print Ltd
Sort Code: 40-46-03
Account No: 22141639
Remittance Advice: Email: customerservice@fosteringresources.co.uk
Fax: 0844 335 1895