Professional Documents
Culture Documents
between
and
1. INTRODUCTION................................................................................................ 3
2. ACADEMIC DETAILS ........................................................................................ 3
3. APPOINTMENT AS INDEPENDENT CONTRACTOR ....................................... 4
4. DURATION OF AGREEMENT ........................................................................... 4
5. ACADEMIC SERVICES ..................................................................................... 4
6. INTELLECTUAL PROPERTY .......................................................................... 10
7. FEES, INVOICING AND PAYMENT ................................................................. 11
8. EXPENSES ...................................................................................................... 14
9. FORCE MAJEURE .......................................................................................... 14
10. CONSEQUENTIAL LOSS ................................................................................ 15
11. SUB-CONTRACTING AND CESSION ............................................................. 15
12. PROTECTION OF RIGHTS ............................................................................. 15
13. INDEMNITY ..................................................................................................... 16
14. SECRECY AND NON-DISCLOSURE .............................................................. 16
15. TERMINATION ................................................................................................ 17
16. NOTICES AND ADDRESSES FOR SERVICE ................................................. 18
17. MISCELLANEOUS LEGAL PROVISIONS ....................................................... 19
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ADJUNCT ACADEMIC AGREEMENT
by
from
JEAN-CLAUDE BOLEME
______________________________
Identity / Registration number: ________________
("the Academic")
1. INTRODUCTION
2. ACADEMIC DETAILS
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MANCOSA ADJUNCT ACADEMIC AGREEMENT
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3. APPOINTMENT AS INDEPENDENT CONTRACTOR
3.3 The Academic must not represent to any person that he is appointed by
MANCOSA in any capacity other than as an independent contractor
Academic.
4. DURATION OF AGREEMENT
4.2 The Academic acknowledges that this Agreement is for a limited period and
he has no expectation that the Agreement will be extended beyond the
Initial Contract Period.
5. ACADEMIC SERVICES
5.1 Subject to clause 2, for the duration of this Agreement, the Academic will
be responsible for providing the following services specifically detailed in
clause 2 of this Agreement (“the Services”) in respect of students of
MANCOSA (“the Students”):
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5.2 Facilitation of workshops
5.2.2 The Academic must report to the agreed venue at least 15 minutes prior
to the commencement of the workshop with his/her personal laptop.
5.2.3 The Academic must plan and ensure the best possible guidance and
support is given to the Students. An electronic version and/or hard copy
of the handbook and study guide will be provided to the Academic.
5.2.4 The presentation of lectures and any support given to Students at the
workshop should be primarily guided by the support material. Additional
support material may be provided to the Academic two weeks prior to
the scheduled workshop.
5.2.5 The number of hours stipulated in Annexure “G” to this Agreement must
be strictly adhered to and may be adjusted by MANCOSA in
consultation with the Academic prior to a workshop.
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5.3.1.8 resubmission checklist; and
5.3.3 The Academic must utilise the correct module guide when preparing
assignment bundles.
5.3.4 The Academic must set the assignments or projects in accordance with
the outcomes for that particular module.
5.3.5 The Academic must attend a compulsory workshop on the setting and
marking of assignments.
5.3.6 The details of module(s) and date(s) of submission are contained in the
schedule attached to this Agreement as Annexure “I”.
5.4.3 The Academic must utilise the correct module guide when preparing
examination bundles.
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5.4.4 The Academic must attend a compulsory workshop on the setting and
marking of assessments.
5.5.1.2 ensure that all the questions are marked and that a sub-total is
allocated for each question in the exam script and assignment;
5.5.1.3 verify whether the questions were answered against the assignment
instructions;
5.5.1.6 be consistent in the use of ticks (big ticks or little ticks) and:
5.5.1.6.1 ensure that ticks are counted correctly (if ticks are used); and
5.5.1.6.2 if allocating one big tick per question, ensure that each page has
a tick.
5.6 In the event that the Academic is unable to submit any exam or assignment
within the required time frames, he must inform the office of the Dean at
MANCOSA in writing at least 21 days prior to the agreed deadline.
5.7 In the event that the Academic is to tutor Students privately at the request
of such Student, MANCOSA will facilitate this arrangement and the fee
payable for such additional service will be determined by MANCOSA in its
sole discretion.
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5.8 The Academic is required to maintain a professional relationship with the
Students at all times. Should MANCOSA become aware of any personal
relationship between the Academic and a Student(s), MANCOSA reserves
the right to terminate this Agreement summarily.
5.9 The Academic must disclose any conflict of interest which may arise during
the course of being contractually engaged with MANCOSA.
5.10 The Academic acknowledges that he is required to have his own laptop and
conduct presentations using Microsoft PowerPoint.
5.11.1.1 complete a moderator’s report and moderate with a black pen only;
5.11.1.3 utilise the question paper and memorandum to ensure that the
marker has been consistent and fair, and that the Student has not
been disadvantaged;
5.11.1.4 utilise the “module guide” to ensure that the examiner was familiar
with the content of the module guide when marking the assignment;
5.11.1.10 ensure that the marker has marked all required questions;
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5.11.1.11 verify whether the questions were answered against the assignment
instructions; and
5.11.1.12 insert all mark allocations for each question on the front of the exam
answer booklet and on the batch page including the total marks.
5.12.1 faithfully, efficiently, competently and diligently perform such duties and
exercise such powers, authorities and discretions which may be
assigned to or vested in him by MANCOSA;
5.12.4 perform such duties and functions as may from time to time be
determined by MANCOSA, in addition to the specific consultancy
services listed in clause 5.1;
5.12.5 not engage in activities which would detract from the proper
performance of his Services, nor to be engaged in any other kind of
business which may compete with MANCOSA;
5.12.7 at all times look neat and presentable and conduct himself in a
professional manner.
5.13 The Academic accepts that as he/she is not is not employed on a full-time
basis, he/she will receive no medical aid nor any retirement benefits, nor
any other benefits that may be received as an employee prior to his
retirement, and he will not be subject to the provisions of the Basic
Conditions of Employment Act.
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5.14 The Academic warrants that he is computer literate and proficient in utilising
the Microsoft Office Suite and/or quantitative applications for course
specific programmes.
6. INTELLECTUAL PROPERTY
6.1 The Academic acknowledges that all rights of copyright in and to all
materials (hard copy and/or in electronic form) comprising any programmes
provided by MANCOSA, vest in MANCOSA together with all other items of
intellectual property and any other rights in the work including all rights of
whatsoever nature in any materials prepared for or by the Academic ("the
IP") in connection with the development of any programme.
6.2 Any Intellectual Property created by the Academic during his engagement
as an Academic with MANCOSA including any works and IP created prior
to the Signature Date during the Academic’s prior employment with
MANCOSA, if applicable, shall belong to and become the absolute property
of MANCOSA. Insofar as may be necessary, the Academic hereby
irrevocably cedes, assigns, transfers and makes over to MANCOSA, and
MANCOSA hereby accepts, all rights, title and interest in and to the IP
created by the Academic during the period of this Agreement. No
consideration shall be payable by MANCOSA to the Academic in respect
of this cession, assignment, transfer and making over, it being recorded
that the Fee received by the Academic in terms of this Agreement
constitutes sufficient consideration.
6.3 The Academic waives all moral rights in respect of the IP and agrees not
to assert any rights of design or invention against MANCOSA as having
been made or acquired by the Academic prior to his or her engagement as
an Academic with MANCOSA. For the avoidance of doubt, MANCOSA
shall further be entitled in its sole discretion to change or alter the form or
substance of the IP as it deems fit, which shall include but not be limited to
an entitlement to publish, store or distribute the IP in any manner or form,
including, but not limited to, publishing or otherwise disseminating the IP on
any web site or in any other electronic form or media.
6.4 The Academic agrees that he has no right to add to, remove, vary, modify,
copy, lend, publish or distribute the IP including the module material to any
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third party (other than to students registered on the Programmes or staff
engaged in the delivery) without the express written consent of MANCOSA.
6.5 The Academic must not use the IP including module material in any format
for the delivery of any other education programme offered by a competitor
of MANCOSA.
7.1 All fees for the Services (“the Fees”) will be processed in accordance with
the academic rates contained in Annexure D attached to this Agreement. If
the Academic has however previously been employed at MANCOSA or is
currently employed at MANCOSA, then he will be paid at the internal rate.
7.3 Payment of Fees shall be made by way of electronic fund transfer into the
nominated South African bank account of the Academic which must be
given to MANCOSA in writing. The Academic must notify MANCOSA in
writing immediately of any change to his banking details. MANCOSA will
not be liable to the Academic for any payments made to an incorrect
account which is no longer held by the Academic.
7.4 Payment of Fees for the rendering of the Services will be made when the
Academic provides the:
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7.5 The Academic must ensure that all claim forms are accompanied by an
updated “Adjunct Academic Information Sheet”.
7.6 If the Academic is a VAT vendor then the Academic must submit a tax
invoice to MANCOSA in connection with the Fees.
7.7 In the event that the Academic delivers a workshop based on the incorrect
curriculum, MANCOSA reserves the right to cancel this Agreement without
notice, and the Academic shall forfeit his Fee for that workshop.
7.9.2 the moderator being satisfied with the changes implemented by the
Academic; and
7.9.3.2 upon resolution of the dispute, the outcome from such meeting must
be sent to the “Academic Review Committee” of MANCOSA with
the examination bundle; and
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7.10.1.3 the Office of the Dean at MANCOSA approves such payment.
7.11 The payment cycle occurs twice a month, being the 15th and 30th day of
each month. All claims must be submitted 15 days prior to the actual
payment date. If the documentation referred to in clause 7.4 is not
submitted by the Academic timeously, payment will be withheld until such
documentation is submitted by the Academic.
7.12 All claims must be submitted within 30 days of completion of the workshop
and should a claim is not submitted timeously, MANCOSA shall be entitled
to deduct a 5% penalty on the value of any late claims due to the Academic.
7.13 If the duration of a workshop is less than the agreed duration, the Fee will
be adjusted on a pro-rata basis.
7.15 If the Academic ends any workshop prematurely, the Fee will be forfeited.
7.16 The final claim for Fees submitted to MANCOSA by the Academic must be
in accordance with the provisions of this clause 7 and applies across all
delivery modes, distance, supported distance and rich distance.
7.17 In the event that the Academic breaches the terms of this Agreement and
remains in breach after receiving notice contemplated in clause 15,,
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MANCOSA shall be entitled to deduce a 10% penalty from the Fee due to
the Academic.
7.18 MANCOSA shall be entitled to withhold and remit income tax and/or any
other amounts from the Fees so as to comply with all relevant laws. A 25%
tax deduction will be applied to claims submitted by Academics in their
personal capacities and not via a registered South African company.
7.19 MANCOSA may set off against the Fees which it owes to the Academic in
terms of this Agreement, any amounts (including damages) which the
Academic owes to MANCOSA.
8. EXPENSES
9. FORCE MAJEURE
9.1 Neither party shall be liable for any failure to meet any of its obligations in
terms of the Agreement or any delay in meeting them, to the extent to which
the failure or delay is caused by any circumstance whatsoever which is
beyond its reasonable control, including but not limited to any labour
dispute (excluding labour disputes, strikes and lockouts confined to
Academics of the affected party) war, riot, civil commotion or any order or
regulation of any Government or other lawful authority.
9.2 The fact that a labour dispute (not being a labour dispute excluded from the
definition of force majeure in clause 9.1) could be resolved by the party
involved acceding to the demands made of it shall not make it a
circumstance within the reasonable control of such party.
9.3 Any inability to meet a payment due by either party to the other because of
lack of funds shall in no circumstances be treated as an event of force
majeure.
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9.4 The affected party shall give notice thereof to the other immediately upon
the occurrence of an event of force majeure.
11.1 The Academic may not, without the prior written consent of MANCOSA in
each instance, sub-contract any of his obligations in terms of this
agreement. Such consent shall not relieve the Academic of any of his
obligations and they shall be responsible to MANCOSA for the acts and
omissions of their sub-contractor as if they had been acts and omissions of
the Academic.
11.2 The Academic may not, without the prior written consent of MANCOSA,
cede or assign any of their rights or obligations in terms of this Agreement
to any other party without the prior written consent of MANCOSA.
11.3 MANCOSA may cede or assign its rights and obligations to any other third
party without the consent of the Academic.
12.1 If the Academic fails to comply with any obligation imposed upon him by
the Agreement, MANCOSA shall, without prejudice to any other rights it
may have, be entitled but not obliged to effect such compliance at the risk
and expense of the Academic and to recover the costs and expenses of
doing so from the Academic.
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12.2 The Academic shall have no claim against MANCOSA or defence to any
claim by MANCOSA arising out of any act or omission on the part of
MANCOSA arising from or connected with effecting or attempting to effect
such compliance or, even if MANCOSA has undertaken to effect such
compliance, failing to do so properly or at all.
13. INDEMNITY
The Academic indemnifies MANCOSA against all losses, damage, claims and
costs (including costs on attorney and own client basis) arising out of any act
or omission on the part of the Academic which is connected in any way with
this Agreement or the duties and/or obligations and/or undertakings of and
given by the Academic and/or Services rendered by the Academic.
14.1 During his period as an Academic, and after termination thereof, the
Academic must not disclose to any other person, business or legal entity
for whatever reason, save as authorised by MANCOSA in writing, any of
the dealings, business, secrets, accounts, financial affairs, trademarks,
designs, custom, information or any other information whatsoever having a
relational reference to the trade, business, property or concerns of
MANCOSA.
14.2 The Academic will not, during the currency of this Agreement or after the
termination thereof, for his own benefit or the benefit of any other person,
use or derive any profit from:
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remain in his possession and under his control until required to deliver
same back to MANCOSA, which the Academic shall be obliged to do
on demand or on termination of this Agreement, whichever is the
soonest.
14.3 The Academic undertakes to take all reasonable precautions against and
use his best endeavours to prevent the same being learnt by unauthorised
persons.
14.4 Whilst contracted to MANCOSA, the Academic must not conduct any other
business venture of any nature which competes with MANCOSA, nor any
other venture, unless this has been agreed to by MANCOSA in writing
beforehand. The Academic must disclose the nature of such work in
Annexure “J” to this Agreement (“the Disclosure Schedule”).
15. TERMINATION
15.1 MANCOSA will have the right, without prejudice to its other rights or
remedies, to terminate this Agreement if the Academic remains in breach
for 7 days after written notice requiring the Academic to rectify the following
:
15.1.3 the Academic fails in the Opinion of MANCOSA to perform the Services
properly, diligently and satisfactorily for the duration of this Agreement;
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15.1.5 the Academic or a Key Individual does or omits to do anything which, in
MANCOSA’S reasonable opinion creates an actual or potential conflict
of interest; or
15.2 The Academic may, without prejudice to its other rights or remedies,
terminate this Agreement immediately by written notice to MANCOSA, if
MANCOSA fails to pay undisputed Fees which are owing to the Academic
in accordance with clause 7, within 30 Days after receipt by MANCOSA of
a written notice requiring MANCOSA to pay such Fees and stating the
Academic’s intention to terminate the Agreement delivered after the due
date for such payment.
16.1.2 must be sent by hand or e-mail to the addresses below, which physical
addresses the parties select as their respective domicilium citandi et
executandi:
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_____________________________________
E-mail: ___________________
Marked for the Attention of: _____________
16.2 A party may change its address to any other address within South Africa.
Such change will only take effect upon receipt or deemed receipt of such
notice by the other party.
16.4 Any written notice or communication which has actually been received by
a party shall be regarded as sufficient notice even if it has not been sent in
the manner or to the address provided for in this clause 16.
17.1 This is the whole agreement between the parties containing all of the
express provisions agreed on by the parties with regard to the subject
matter hereof.
17.2 No party may rely on any representation which allegedly induced that party
to enter into this Agreement, unless the representation is recorded herein.
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written waiver) and it shall be entitled to exercise its rights thereafter as if
such relaxation had not taken place.
17.5 This Agreement shall be governed by and construed according to the law
of South Africa.
17.7 Since the provisions of this Agreement have been settled by negotiation
and each party has been free to secure independent legal advice, the rule
of construction that clauses must be interpreted against the party principally
responsible for drafting does not apply.
17.8 Headings of clauses are inserted for the purpose of convenience only and
must be ignored in the interpretation of this Agreement.
17.9 Unless inconsistent with the context, words signifying any one gender will
include the others, words signifying the singular will include the plural and
vice versa and words signifying natural persons will include artificial
persons and vice versa.
17.10.2 "Business Day" means any Day other than a Saturday, Sunday or South
African Public Holiday;
17.10.4 "Calendar Month" means one of the 12 named months of the year from
the 1st to the last Day of such month;
17.10.5 whenever any period of time is prescribed, it excludes the first and
includes the last Day unless the last Day falls on a Saturday, Sunday or
South African public holiday in which case the last Day will be the next
succeeding Business Day.
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17.11 The provisions of clauses 10, 12 and 14 shall survive the cancellation or
termination of the Agreement or the termination of the Services for any
reason, and shall remain binding on the Academic in perpetuity.
17.12 MANCOSA shall bear the costs of and incidental to the negotiation,
preparation and implementation of this Agreement.
Designation …………………………………..
THE ACADEMIC
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ANNEXURE A
COPY OF IDENTITY DOCUMENT
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ANNEXURE B
QUALIFICATION CERTIFICATE
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ANNEXURE C
CURRICULUM VITAE
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ANNEXURE D
ACADEMIC RATES
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ANNEXURE E
CLAIM FORM AND ADJUNCT ACADEMIC INFORMATION SHEET
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ANNEXURE F
CONTRACT PERIOD
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ANNEXURE G
WORKSHOP SCHEDULE
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ANNEXURE H
ASSESSMENTS MANUAL
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ANNEXURE I
DETAILS OF MODULE(S) AND DATE(S) OF SUBMISSION
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ANNEXURE J
DISCLOSURE SCHEDULE
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