Access to Advice for Young People in xxxxxx

Memorandum of Understanding

This memorandum of understanding is dated xxxxx (date) between the following parties:-

(a) xxxxxxx Centre (the advice agency), a company limited by guarantee (company number xxx) and registered charity (registration number xxx) whose registered office is xxxx (address): authorised representative: xxxxx (name and title)
And

(b) Xxxxxxx (the Youth Agency), a company limited by guarantee (company number xxxx) and registered charity (registration number xxxxx) whose registered office is xxxx (address): authorised representative: xxxx (name and title)

Whereas

(1) The principal activity of the xxxxx Centre (the advice agency) is the provision of services including free legal advice in designated areas of civil law for people living in the xxxx area.
(2) The principal activity of the xxxxx Centre (the Youth Agency) is the provision of services xxxxxx (details of services) to young people (give details of any criteria defining eligibility for the service such as age, residence)
(3) The parties agree to work in co-operation to implement a common system of assessment and referral for clients of the xxxxx Centre (the Youth Agency) who seek legal advice in those areas of law which are provided by the xxxxx Centre (the advice agency)

1. Introduction
1.1. In this Memorandum of Understanding, the following expressions have the following meanings:

1.2. The headings in this MOU are for ease of reference only and have no legal effect.
1.3. In this MOU, the singular shall mean the plural and vice versa
1.4. The MOU is a statement of present intent between the parties to work in partnership to implement the Action Plan. It is not considered to be a binding framework and does not create any legal obligations between the parties.
1.5. The purpose of this MOU is to define the role of the parties, including any specific role accorded to a named party; the arrangements for collecting and reporting information between the parties; the procedures by which the parties will work together to achieve the aims of the Action Plan.

2. Scope of the MOU

2.1. The MOU sets out the mutual understanding of the principles underlying the relationship between the parties in matters concerning the planning and delivery of the services described in the Action Plan.
2.2. The MOU is concerned solely with the purposes set out above and may notbe extended into other activities in which the parties are involved.

3. Role of the Parties

3.1 Role of xxxx Centre (the advice agency): to provide advice services for the client group; collate statistical information, as required by the partner agencies (and/or any third parties); manage the relationship between the parties
3.2 xxxx Centre (the Youth Agency): implement the procedures to ensure that their clients are able to access the services provided by the xxxx Centre (the advice agency); gather such statistical information as is agreed between the parties as being necessary for the monitoring of the activities described in the Action Plan.

4. Status of the Parties

4.1. The relationship between the parties is that of independent organisations. Nothing in this MOU shall create or be deemed to create a partnership of agency, franchise or employment between the parties.
4.2. No party shall enter into any contractual obligations on behalf of another party without the prior express written consent of an authorised signatory of the other party.
4.3. No fee is payable from one party to another in remuneration for any services provided within the scope of this MOU.
4.4. The MOU will automatically lapse if either party withdraws from participation in the activities described within the Action Plan.

5. Review and Termination

5.1. This MOU will commence on the Commencement Date and will remain in force in accordance with clauses 5.2 and 5.3
5.2. Within 3 months of the Commencement date of the MOU, the parties will undertake a review of Action Plan and of the MOU and decide whether to extend the term of the Action Plan and the MOU for a further defined period.
5.3. If the parties decide to terminate the Action Plan, the MOU will automatically be terminated

6. Confidentiality

6.1. Both parties agree that, during the term of this MOU, or at any time thereafter, neither they nor any of their employees, agents (including volunteer staff) or sub-contractors, shall divulge, furnish or make accessible to anyone any of the confidential information listed at 1.15 above unless:
6.1.1. At the date of this MOU, the confidential information is already in the public domain or subsequently comes into the public domain through no fault of the other party;
6.1.2. the confidential information rightfully becomes available to the other party from sources not bound by obligations of confidentiality
6.1.3.the confidential information was available to the other party on a non-confidential basis prior to its disclosure to such party; and
6.1.4. the other party is required by compulsion of law to disclose
6.2. The parties agree that all discussions and negotiations shall be
carried out on a strictly confidential basis and any statements (either written or oral) to be made in relation to the existence of the negotiations between the parties shall be subject always to written agreement by both parties.

7. Limitation of Liability

Each party which is to provide services under this project accepts liability, without limit in the case of death or personal injury to any person, and in the case of any other loss or damage, arising from the act or omission (including negligence) or wilful misconduct of itself or its employees, agents (including volunteers) or sub-contractors and agrees to indemnify the other party against all losses, expenses (including legal fees), damages or liabilities suffered or incurred by the other Party as a result.

8. Notices

8.1. Any notice given under this MOU by either party must be in writing and may be delivered personally, sent by facsimile transmission, sent by e-mail or sent by recorded delivery post. In the case of personal delivery, facsimile transmission or e-mail, the notice will be deemed to have been given on the same day and in the case of post will be deemed to have been given four (4) working days after the date of posting.
8.2. Notices will be delivered or sent to the addresses of the Parties as given at the head of this MOU or to any other address notified in writing by any party to the other parties for the purpose of receiving notices after the commencement date of this MOU.

9. Dispute Resolution

9.1. If any of the parties considers one or more of the parties to be in breach of their duties under this MOU or has a grievance about some aspect of the operation of the MOU, the parties shall use their best endeavours to resolve the issue through joint discussions.

10. General

10.1. The parties to this MOU do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1969 by any person who is not a party to it.

10.1.1. No variation to this MOU shall be effective unless in writing signed by duly authorised representatives of each of the parties.

Signed by, for and on behalf of
xxxxx Centre (the advice agency)

Name …………………………………………………………………………..

Position …………………………………………………………………..

Signature …………………………………………………………………..

Date …………………………………………..

Signed by, for and on behalf of
xxxxx Centre (the Youth Agency)

Name …………………………………………………………………………..

Position …………………………………………………………………..

Signature …………………………………………………………………..

Date …………………………………………..

1. The action summary will servce as the project plan until further notice
2. Omit and replace with reference to other interested parties as appropriate