Go to Teacher Volunteer Agreement

Teacher Volunteer Agreement


This Agreement is made on between Stichting English Academy for Newcomers (EAN), with its principal place of activities being located at Salamancapad 311, NL-3584 DX Utrecht, herewith to be referred to as “Employer” and  herewith to be referred to as “Volunteer”. The duration of this contract will be from September 10th, 2019 till August 31st, 2020.

The Volunteer us willing to donate their time and services to the organization listed above, in turn the organization is willing to accept such time and services by the Volunteer.

The intention of this agreement is to assure you that we appreciate your volunteering with us and to indicate our commitment to do the best we can to make your volunteer experience with us a positive and rewarding one.

In consideration of the above, the parties hereby agree to the following Terms and Conditions.

 

1.  VOLUNTEER SERVICES

The Volunteer is able to provide the following services:

  • Teaching the assigned English level course to the students of the EAN, which includes: in advance preparation for each class, following the selected by the EAN book materials, in conjunction with selecting any additional (if applicable) supporting materials for the class which would stimulate the students enhance their speaking, writing, reading, or listening skills.
  • Ensuring the class materials prepared by the Volunteer are shared with and available to the students in a timely manner.
  • Recording attendance for all classes and issuing warnings to the students who are in breach of the attendance policy.
  • Availability to attend monthly teachers meeting.
  • Ensuring reason for absence is recorded for each student.
  • Preparation and grading of the final exam for the course.
  • Grading the homework of the students and the in-class participation of the students.
  • Providing a final course grade to each student.
  • Being available to support the students with any additional questions or requests they may have on the class content.
  • Ensuring replacement/substitution in case of absences for any classes.

The Volunteer has agreed to provide a minimum of two (2) hours per week in-class time (Business Days only) during the term of this agreement. The number of hours may be revised upwards depending on the sufficiency of staff for the allocated English classes.

 

2.  VOLUNTEER OBLIGATIONS 

In providing the Services and/or Deliverables the Volunteer shall:

  • Comply with (and ensure that the Services and Deliverables as part of the Placement comply with) EAN Policies;
  • Comply with (and not cause or lead the EAN to be in breach of) applicable Laws and ensure that the Services and Deliverables comply with applicable Laws;
  • Obtain, maintain and comply with all the licences, permissions, authorisations, consents and permits that it needs to carry out its obligations;
  • Meet any delivery or performance dates as may be set out in this Agreement or as mutually agreed between further during the Placement.

 

3.  REMUNERATION

The Volunteer understands the services provided are generally treated as a donation.

Subject to the Employer having sufficient funds, the Volunteer may be remunerated in the amount of up to Four euros Fifty cents (4.50 EUR) per hour for the provided services.

 

4.  SUPERVISION

The Volunteer is expected to report to Mrs Kathy Harris

The function of the supervisor includes, but is not limited to, the following responsibilities:

  •  To define appropriate standards of our services, to communicate them to you, and to encourage and support you to achieve and maintain them as part of your voluntary work;
  • To meet with you regularly to discuss your volunteering and any associated problems;
  • To do their best to help you develop your volunteering role with us and to be flexible in how we use your volunteering.

 

5.  LIABILITY 

In line with the Civil code, art.7: 658: Care duty of the employer

5.1  The employer must arrange and maintain the spaces, rooms, machines and tools in which or with which work is performed under his responsibility and give instructions and take safety measures as is reasonably necessary to prevent that the Volunteer suffers damage during the performance of his work.

5.2  The employer is towards the Volunteer liable for damage which the Volunteer has suffered from activities performed in the course of his work, unless he shows that he has complied with the obligations mentioned in paragraph 1 or that the damage to a substantial degree results from an intentional act or omission or wilful recklessness on the part of the Volunteer.

 

6.  NON-DISCLOSURE 

For the duration of the volunteering service, as defined in this agreement, and for a period of five (5) years thereafter, the Volunteer shall not disclose, publish or provide to a third party, in whole or in part, any confidential information, nor use such information for any purpose other than their execution of duties as part of the volunteer services.

This obligation not to disclose confidential information shall not apply to information for which the Volunteer can show that one or more of the following apply:

  • The information was already in his/her possession at the time it was made available or disclosed to him/her by the organisation offering the placement.
  • The information was publicly available on the day it was communicated to the Volunteer by the organisation offering the placement.
  • The Volunteer legally obtained the information from a third party.
  • The information became publicly available after the date this agreement went into effect by any means other than illegal action on the part of the Volunteer.
  • The Volunteer obtained written permission from the organisation offering the Placement before publishing the information or otherwise disclosing it.

6.1.  The Volunteer shall use the Confidential Information (including any Intellectual Property Rights in the Confidential Information) only for the Permitted Purpose and not for any other purpose;

6.2.  The Volunteer shall not (directly or indirectly) at any time, without the prior written consent of the academic supervisor, disclose or reveal or permit access to the Confidential Information, in whole or in part, to any person

6.3.  The Volunteer shall treat and safeguard as private and confidential all Confidential Information it receives in accordance with a reasonable level of care and not treat the Confidential Information with any less care than it uses in relation to its own confidential information;

6.4.  The Volunteer shall not copy or reproduce or part with possession of any Confidential Information or any documents or other material or data made available or disclosed to it as part of the Placement assignment containing Confidential Information, except as consistent with its obligations under this Agreement and to the extent reasonably required for the Permitted Purpose.

 

7.  INTELLECTUAL PROPERTY

7.1  All copyright over the materials developed by the Volunteer, which are used in class or outside of class, but whose ultimate beneficiary are the students of the EAN, is to remain with the EAN. Any patents directly or indirectly resulting from the Placement remain with the organisation offering the Placement, as determined in Dutch patent law (art. 12 paragraph 2 of the Rijksoctrooiwet), except where explicitly otherwise specified.

7.2  All of the Confidential Information (including any Intellectual Property Rights in the Confidential Information) provided by the organisation and/or Utrecht University shall remain the sole property of the respective organisations. All rights in the Confidential Information (including, without limitation, Intellectual Property Rights) are reserved by the organisation offering the Placement and no rights other than those expressly set out in this Agreement are granted to the Volunteer or any Authorised Recipient under this Agreement. The Volunteer shall keep the Confidential Information free of liens, attachments, and other encumbrances.

 

8.  RETURN OF CONFIDENTIAL INFORMATION

8.1  At the request of the organisations, the Volunteer will no later than seven (7) days after the organisations’ request: (a) return or destroy (as selected by the Volunteer) all Confidential Information in the possession or control of the Volunteer and its Authorised Recipients together with all copies, records, analyses, memoranda or other notes to the extent containing or reflecting any of the Confidential Information made by the Volunteer and its Authorised Recipients; and (b) erase or procure the deletion of all Confidential Information from any and all computer, word processor or other information retrieval system containing Confidential Information in the Volunteer’s and its Authorised Recipients’ possession, custody or control.

8.2  The requirement for the destruction, erasure, deletion or return of Confidential Information does not apply to Confidential Information which is required to be retained for the purposes of complying with any applicable mandatory law or regulation. Any Confidential Information so retained shall continue to be subject to the terms of this Agreement. Notwithstanding the return or destruction of Confidential Information, the Volunteer shall continue to be bound by its obligations under this Agreement.

 

9.  SOCIAL SAFE GROUND/ INSURANCE 

9.1  The organisation offering the Placement shall safeguard the Volunteer against any form of intimidation or discrimination in the workplace. The principle of equal rights shall at all times have precedence.

9.2  In conformance with Dutch law (art. 7:658 paragraph 4 of the civil code) the organisation offering the Placement is liable for any injury or damage the Volunteer may suffer during the Placement.

9.3  In conformance with Dutch law (art. 7:661 paragraph 1 of the civil code), if a Volunteer damages the organisation offering the Placement or any third party the Volunteer shall in principle not be held liable. The only way to deviate from that principle is by written agreement and only insofar as the Volunteer is insured against liability (art. 7:661 paragraph 2 of the civil code).

9.4  In the circumstances where the Volunteer displays wrongful behaviour to the students enrolled in the EAN, this agreement will be immediately terminated and repercussions advised on with the Dutch authorities for seeking of remediation.

 

10.  GENERAL PROVISIONS

10.1  Deviation from the articles of this agreement shall only be possible prior to confirmation in writing between the Employer’s agent, the Volunteer and the Placement supervisor. 

10.2  Dutch law shall be applicable to all Contracts and all legal relationships between the organization and the Volunteer under this agreement.

10.3  The Volunteer agrees that in the instance of legal proceedings they will cooperate with the Employer as well as the Employer’s agents.

10.4  The Volunteer agrees to provide written notification to the Employer in the event that an incident takes place while the Volunteer is providing the services.

 

11.  INTELLECTUAL PROPERTY RIGHTS

11.1  Each Party shall retain ownership of all Intellectual Property Rights owned by it as at the Effective Date. EAN shall own all Intellectual Property Rights thereafter created at law, made, conceived or reduced to practice by the Volunteer under the Contract that relates to the subject matter of, or arises out of, the Deliverables.

11.2  Any Intellectual Property Rights developed pursuant to the Contract, which are jointly created by the Parties pursuant to the Contract or created by Volunteer as a direct result of Volunteer’s performance relating to the Contract, shall be owned by the EAN.

11.3  The Volunteer hereby waives, to the extent permitted by law, any and all rights, including without limitation any right to identification of authorship or limitation on subsequent modification that the Volunteer has or may have in the Deliverables and in any other Intellectual Property Right that is or becomes the property of the EAN.

 

12.  TERM AND TERMINATION NOTICE

12.1  The EAN may by notice to the Volunteer terminate this Agreement in whole or part in any of the following circumstances:

  • For convenience at any time (subject to giving a thirty (30) days’ prior written notice).
  • For convenience at any time (subject to giving a thirty (30) days’ prior written notice) if the Volunteer does not perform up to expectations and has been given more than one warning in writing by their supervisor.

12.2  Either Party may terminate this agreement with immediate effect by notice to the other party:

  • If the other party is in breach of the agreement.
  • If the other party ceases to exist.
  • If the other party is physically incapable of performing the services.

12.3  On termination or expiry of this agreement:

  1. The EAN may elect to cease to be bound to receive delivery of any further services from the Volunteer
  2. The Volunteer shall provide to the EAN any assistance reasonably requested by the EAN to allow the Services to continue without interruption or adverse effect following the termination or expiration and to facilitate the orderly transfer of responsibilities to the EAN and/or their replacement
  3. The Volunteer shall delivery all originals and all copies of any Personal Data, EAN data and bespoke EAN developments
  4. Each party will return to the other the relevant Confidential Information of the other party save to the extent that such Confidential Information needs to be retained for the purpose of complying with any applicable Laws or a party’s internal document retention policy or automated electronic back-up systems (in which case any Confidential Information so retained shall continue to be held).

 

13.  PERFORMANCE

13.1  Subject to non-performance of the services and/or lack of remediation of the non- performance, the Volunteer is to receive a written notice from the EAN.

13.2  Subject to clause 13.1, if, within one month from the receipt of the written notice, the performance of the Volunteer is not remediated, the Volunteer will be subject to expulsion from the remuneration procedure of the EAN for at least one month, or thirty Business Days.

 

14.  GOVERNING LAW AND JURISDICTION 

Dutch law shall be applicable to all Contracts and all legal relationships between the EAN and the Volunteer under this contract. All disputes arising under or in connection with any Contract or the performance of any Contract as well as any disputes regarding this Contract shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.

 

15.  VOLUNTEER DECLARATION

I, , agrees to be a volunteer with English Academy for Newcomers and commit to the following:

  1. To help English Academy for Newcomers fulfil its objectives
  2. To perform my volunteering role to the best of my ability
  3. To adhere to the organisation’s rules, procedures and standards, including health and

safety procedures and its equal opportunities policy in relation to its staff, volunteers and clients.

  1. To maintain the confidential information of the organisation and of its clients.
  2. To meet the time commitments and standards undertaken, other than in exceptional

circumstances, and provide reasonable notice so that alternative arrangement can be made.

  1. To provide referees, as agreed, who may be contacted, and to agree to a police check being carried out where necessary.

7.

IN WITNESS WHEREOF, THE PARTIES HAVE SIGNED THIS AGREEMENT IN DUPLICATE ON THE DATE SPECIFIED BELOW

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Signed by Kinan Alajak
Signed On: September 2, 2019

English Academy for Newcomers https://englishacademyfornewcomers.nl
Signature Certificate
Document name: Teacher Volunteer Agreement
Unique Document ID: b77240c3c4184871108856fafa30d2a34589aae3
Timestamp Audit
August 28, 2019 12:03 pm GMTTeacher Volunteer Agreement Uploaded by Kinan Alajak - k.alajak@englishacademyfornewcomers.nl IP 145.90.76.122