Participation agreement for IB Open World Schools

Open World School Pilot Project Participation Agreement
for IB Open World Schools enrolling external students into online courses starting from
September 2014
Date
_____________________ DD/MM/YYYY
Parties
1.
Pamoja Education Ltd (Pamoja Education) of registered office Aristotle
House, Aristotle Lane, Oxford, OX2 6TP, United Kingdom.
2.
____________________________________________________________
Name of the School (the Open World School)
____________________________________________________________
Mailing address (line 1)
____________________________________________________________
Mailing address (line 2)
____________________________________________________________
Country
Postal Code
IB School Number
It is agreed as follows
1.
Interpretations and Definitions
The following definitions and interpretations apply unless the context requires otherwise.
1.1
Interpretations
(a) Open World Schools will be billed in US Dollars. VAT or other taxes will be applied as
required by local laws.
1.2
Definitions:
(a) IB means the International Baccalaureate Organisation.
(b) Academic Year means the time during which Pamoja Education holds classes and runs
its online courses; ordinarily between September and June for May session schools, and
between February and December for November session schools.
(c) Semester means one of the two halves of the Academic year, which are approximately
15-19 weeks in length
(d) Drop Period and Drop Date refer to that period/date three (3) weeks after the
commencement of classes for the first Semester of a Course’s first Academic Year.
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(e) Course means a single two-year online IB Diploma Programme course.
(f) Regular Enrolment means an enrolment that begins prior to the Drop Date in the first
Semester of a Course.
(g) Site-based Coordinator ("SBC") means Pamoja Education’s primary point of contact
within a school, and is appointed by the School’s administration.
(h) Pamoja Education Website means www.pamojaeducation.com.
(i) Intellectual Property means all patents, rights to inventions, utility models, copyright
and related rights, trademarks, service marks, trade, business and domain names, rights in
trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition
rights, rights in designs, rights in computer software, database right, moral rights, rights in
confidential information (including know-how and trade secrets) and any other
intellectual property rights, in each case whether registered or unregistered and including
all applications for and renewals or extensions of such rights, and all similar or equivalent
rights or forms of protection in any part of the world.
(j) Link School means a non-IB World School that enters into an agreement with an Open
World School and Pamoja Education to enrol students in a Pamoja Education Course,
through the Open World School.
(k) Open World School means an existing IB World School participating in the Open
World School Pilot Project, which is additionally authorized to register and support, at a
distance, external students who are unable to attend an IB World School.
(l) Open World School Pilot Project means as defined in the Guide for Pilot Participants: IB
Open World Schools dated 2010.
2.
The Participation
2.1
This Participation Agreement (Agreement) between the Open World School and Pamoja
Education sets forth the terms and conditions under which the Open World School shall
participate and register Link School students in Pamoja Education's Courses.
2.2
At the same time as entering into this Agreement, the Open World School must also enter
into an IB World School Participation Agreement to register students, enrolled in the Open World
School, in Pamoja Education’s Courses.
3.
Deadlines
3.1
The registration deadline for enrolment into Semester one of a Course (Registration
Deadline) will be three (3) weeks prior to the start of the Course’s first Academic Year.
3.2
Following the Registration Deadline and up to the end of the Drop Period, Pamoja
Education will consider requests for enrolments as late registrations (Late Registration) and
enrol Link School students from as time and resources permit.
3.3
Registration information needs to be entered by the Open World School into Pamoja
Education’s Student Information System (SIS) prior to the above deadlines.
3.4
The deadline for withdrawing Link School students from the second Academic Year (Year
Two Withdrawal Deadline) of a Course is either:
(a) the last Friday in April that precedes the start of the second Academic Year for Courses
with their final examinations in May; or
(b) the last Friday in October that precedes the start of the second Academic Year for
Courses with their final examinations in November.
3.5
All deadlines are specified in the "Enrolment Deadlines", as published on the Pamoja
Education Website.
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4.
Term
4.1
This Agreement shall, subject to clause 15, commence on the date of this Agreement and
shall continue, unless terminated earlier in accordance with clause 15, for a period of two (2)
years, or until 31 July 2016 whichever date is the earlier.
5.
Course Delivery
5.1
Pamoja Education will use its best endeavours to deliver Courses in which Link School
students have been enrolled. However, due to the collaborative and interactive nature of the
Courses, Pamoja Education reserves the right to withdraw a Course if fewer than ten (10)
students have been registered for the Course in the SIS.
5.2
Pamoja Education may also withdraw a Course in the event that:
(a) both the assigned teacher and substitute teacher become unavailable and a replacement
teacher cannot be found; or
(b) approval for the Course is withheld or withdrawn by the IB; or
(c) in the event of circumstances out of the control of Pamoja Education, including, but not
limited to: natural disasters; war; an act of terrorism; government sanction; or the
provision of any utility including power or communication services.
5.3
The Open World School acknowledges that Pamoja Education may contract with third
parties for support services in designing and delivering the Courses. Such support services
may include but are not necessarily limited to administrative, management, technical, and
training services. Further information regarding third parties and their relationship with
Pamoja Education, can be found in the “About Us” section of the Pamoja Education
Website.
6.
Tuition and Admission Fees
6.1
Tuition fees (Tuition Fees) include all instruction and any required online materials or texts.
6.2
Included in the Tuition Fee for both the first and second Academic Year of a Course, is a
non-refundable admission fee (Admission Fee). This fee meets the costs of the
establishment of the Link School student account in the first year and enrolling the Link
School student into the Course and contracting the teacher in both years.
6.3
Open World Schools will be liable for the Admission Fee component of the Tuition Fee for
the second Academic Year of a Course for every Link School student enrolled (in the
Course) after the Year Two Withdrawal Deadline.
6.4
Pamoja Education reserves the right to increase the Tuition Fee for the Second Academic
Year of a Course.
6.5
If a Link School student is still enrolled after the Year Two Withdrawal Deadline, then the
Link School student’s School is liable for a non-refundable Admission Fee (at the same value
as that calculated for inclusion in the first year’s Tuition Fee).
(a) If the Link School student continues into the second year of their course, then the
Admission Fee is included into the charge for the Second Year’s Tuition.
(b) However, if the Link School student is withdrawn after the Year Two Withdrawal
Deadline, the School will be charged the non-refundable Admission Fee for each course
in which they were enrolled.
6.6
Tuition Fees for the first Academic Year are listed in Appendix 1.
7.
Site Based Coordinator
7.1
The cost of training up to two SBC’s is included in the Tuition Fees. A second SBC is
strongly recommended if the Open World School has fifteen (15) or more cumulative
Course enrolments of students from Link Schools and students enrolled in the Open World
School.
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7.2
7.3
Pamoja Education, at its sole discretion, may require the Open World School to train
additional SBCs if the school has fifteen (15) or more cumulative Course enrolments of
students from Link Schools and students enrolled in the Open World School.
Pamoja Education reserves the right to request a replacement SBC if the SBC has not met
the training requirements as outlined in the Pamoja Education SBC training course, and/or
the SBC is unresponsive to Pamoja Education.
8.
Payment
8.1
If the Open World School has selected the Advanced Payment Plan, all fees for the first
Academic Year and the second Academic Year will be paid prior to the beginning of the first
Academic Year.
8.2
If the Open World School has selected the Annual Payment Plan, all fees for the first
Academic Year will be paid prior to the beginning of the first Academic Year and all fees for
the second Academic Year will be paid prior to the beginning of the second Academic Year.
8.3
Pamoja Education reserves the right to withdraw access to the Learning Management System
and/or withhold academic reports/grades for Link School students from Open World
Schools with debts outstanding greater than 60 days.
8.4
IB examination “per capita” and “subject fees” are not included in Pamoja Education fees
and shall be paid by the school directly to the IB.
8.5
The Open World School shall register the student for external assessments with the IB in
accordance with standard IB procedures.
9.
Refunds
Payments are refundable as follows:
9.1
Prior to the Registration Deadline all Tuition Fees, including the per-Course Admission
Fees, are fully refundable.
9.2
After the Registration Deadline, per-Course Admission Fees are non-refundable.
9.3
From the beginning of the first Academic Year until the Drop Date, if the Open World
School has altered the number of students enrolled (both Link School students and students
enrolled in the Open World School):
(a) Tuition Fees payable by the Open World School will be recalculated based on:
(i) the number of students enrolled as of the Drop Date; and
(ii) the non-refundable per Course Admission Fee for each student who was registered
at any time during the Drop Period.
(b) Pre-paid Tuition Fees for the second Academic Year will be refunded for those students
that have dropped a Course within the Drop Period.
9.4
After the Drop Date and before the end of the first Semester of the first Academic Year:
(a) Pre-paid Tuition Fees for the second Academic Year will be refunded for those students
that have withdrawn from a Course.
9.5
After the start of the second Semester of the first Academic Year and until the Year Two
Withdrawal Deadline:
(a) Pre-paid Tuition Fees for the second Academic Year will be refunded for those students
that have withdrawn from a Course.
9.6
After the Year Two Withdrawal Deadline:
(a) Pre-paid Tuition Fees for the second Academic Year less a fee equivalent to the nonrefundable per Course Admission Fee will be refunded for those students that have
withdrawn from a Course.
9.7
After the start of the second Academic Year, no Tuition Fees will be refunded.
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9.8
9.9
9.10
Pamoja Education shall have no obligation to refund all or any part of any fee to the Open
World School except as provided in clause 9, or in the case that Pamoja Education or its
third party Learning Management System provider, fails to deliver the Courses for which the
Open World School's students enrol, in which case Pamoja Education will refund a pro rata
portion of the Tuition Fee, less the Admission Fee, based on the number of students for
which the Course was not delivered.
Pamoja Education shall have no obligation to refund all or any part of any fee for a Student
if they have been excluded in accordance with Section 11.3
Under no circumstances will a refund exceed the amount that has been paid by the Open
World School to Pamoja Education for Link School students.
10. Responsibilities of Open World Schools
The Open World School agrees to meet the following minimum participation requirements
throughout the Term of this Agreement:10.1
Appoint a SBC and to ensure they meet the role requirements as detailed in the “Pamoja
Education Handbook” as published on the Pamoja Education Website, and.successfully
meet all training requirements through SBC Orientation prior to the start of the first
Academic Year
10.2
Prior to the start of the first Academic Year, ensure the designated SBC has successfully
completed all training requirements as outlined in the Pamoja Education SBC training
course.
10.3
Have Internet connectivity and access to computers that meet the technology requirements
specified on the Pamoja Education Website to support the participating students.
10.4
Provide continual support to the Link School students taking the Course and proactively
work to ensure student compliance with the Attendance and Engagement Policy, as detailed
on the Pamoja Education Learning Management System.
10.5
Provide continual support to the Link School in the creation, and operation of the Link
School Mentor role.
10.6
Participate as requested in the annual school review undertaken by the Pamoja Education.
10.7
Return within one (1) week of the end of each Course, all course materials (if any) that were
provided by Pamoja Education, and were used by the students as part of their Course.
10.8
Be fully responsible for all lost or damaged course materials (if any) on a replacement cost
basis.
10.9
Reimburse Pamoja Education within 30 days of the receipt of a loss or damage notice from
Pamoja Education.
10.10 Use all reasonable endeavours to ensure that if the Link School student stops participating in
the Course, the Link School will support the Mentor to liaise with the Open World School
SBC to put the Link School student into contact with the Open World School SBC.
10.11 Ensure that each Link School executes a Pamoja Education Link School Participation
Agreement.
10.12 Use its best endeavours to ensure that the Link School complies with the Link School
Provisions and to inform Pamoja Education in writing of any breach of the Link School
Provisions as soon as reasonably practical after the date on which the Open World School
becomes aware of such breach.
10.13 The Open World School shall take such action as Pamoja Education may reasonably request
to procure the remedy of any breach of the Link School Provisions.
11. Expectation of Students
11.1
As specified in the Attendance and Engagement Policy, Link School students are expected to
participate actively and regularly in their Course(s).
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11.2
Link School Students who are in breach of the Attendance and Engagement Policy will have
their enrolment status reviewed by Pamoja Education in consultation with the Open World
School’s SBC and Diploma Programme Coordinator.
11.3
Pamoja Education reserves the right to exclude Link School students (without a refund of
their Tuition Fees) for:
(a) continued unexcused absence in breach of the Attendance and Engagement Policy;
and/or
(b) unethical behaviour (including academic malpractice); and/or
(c) immoral behaviour.
11.4
Link School students are expected to participate in surveys at regular intervals throughout
their Course(s).
12. Minimum Participation Requirements - General Agreements
12.1
Pamoja Education reserves the right to list/publish the participating Open World School’s
name on the Pamoja Education Website.
12.2
Pamoja Education undertakes to provide an appropriate logo file to participating Open
World Schools for its display on their public website.
12.3
Pamoja Education reserves the right to survey students and participating Open World
School staff regarding their experience with the online course and reserves the right to use of
that data in accordance with UK data protection laws, as defined by the Data Protection Act
1998 (the "DPA 1998").
12.4
The Open World School agrees Pamoja Education will be permitted to access relevant
school level and student level data as well as aggregate assessment data from the
International Baccalaureate to undertake comparative analysis of student results in face-to
face classes versus online courses.
13. Intellectual Property
13.1
As between Pamoja Education and the Open World School, all Intellectual Property Rights
and all other rights arising in respect of this Agreement shall be owned by Pamoja
Education.
13.2
Pamoja Education licenses all such rights to the Open World School free of charge and on a
non-exclusive, worldwide basis to such extent as is necessary to enable the Open World
School to comply with its obligations under this Agreement. If this Agreement is terminated,
this licence will automatically terminate.
14. Liability
14.1
Neither party shall be liable for any special, consequential, incidental or other damages to the
other party for any breach of this Agreement. The maximum liability of either party to the
each other for breach of this Agreement shall not exceed fees paid to Pamoja Education by
the Open World School.
14.2
The School will be liable for all relevant fees as defined in Section 6.
15. Termination
15.1
Without prejudice to any rights that have accrued under this Agreement or any of its rights
or remedies, Pamoja Education may at any time terminate this Agreement with immediate
effect by giving written notice to the other party if:
(a) the Open World School commits a material breach of any term of this Agreement and (if
such breach is remediable) fails to remedy that breach within a period of 30 days after
being notified in writing to do so; or
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(b) the Open World School suspends, or threatens to suspend, payment of its debts or is
unable to pay its debts as they fall due or admits inability to pay its debts or is deemed
unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986.
15.2
Other than as set out in this agreement, neither party shall have any further obligation to the
other under this agreement after its termination.
15.3
Termination of this agreement, for any reason, shall not affect the accrued rights, remedies,
obligations or liabilities of the parties existing at termination.
15.4
On termination of this agreement for any reason, the Open World School shall as soon as
reasonably practicable:
(a) return, destroy or permanently erase (as directed in writing by Pamoja Education) any
documents, handbooks, CD-ROMs or DVDs or other information or data provided by
Pamoja Education;
(b) permanently delete any proprietary software/content belonging to Pamoja Education
from its IT network and hard disks;
(c) return all of Pamoja Education’s equipment and materials, if any.
16. Notices and Amendments
16.1
Notices to Pamoja Education shall be sent to the contact address set forth under contact
address on the Pamoja Education Website. Notices to the Open World School shall be sent
to the Open World School's address set forth on the confirmed profile associated with this
Agreement.
16.2
This Agreement may not be modified or amended except in writing signed by both the Open
World School and Pamoja Education.
17. Entire agreement and Governing Law and Jurisdiction
17.1
This Agreement contains the entire agreement between the parties with respect to its subject
matter and supersedes all prior agreements and understandings between the parties in
connection with it.
17.2
This Agreement shall be binding upon the parties and their successors and assignees.
17.3
This Agreement shall be governed by and construed in accordance with English law.
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Appendix 1 – Tuition Fees
The Tuition Fee for Link School students that start their first Academic Year of a Course in
September 2014 and their second Academic Year of the same Course in September 2015 will be
USD $866 per Academic Year per course enrolment.
VAT or other taxes will be applied as required by local laws
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Executed by the Open World School and Pamoja Education.
School Name:
Signed for and on behalf of
_______________________________________________
School Name
Authorised Signature
Print Name
Title
Date:
Pamoja Education Ltd
Signed for and on behalf of Pamoja
Education Ltd:
Managing Director
Print Name
Date
Open World School Pilot Project Participation Agreement
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