I. Preliminary Remarks
This mentor/researcher contract aims to ensure that mentor/researchers collaborating with the Learning Design and Education for Sustainable Development (ESD) Bootcamp have a clear understanding of the roles and responsibilities of entering this professional development relationship, for the duration of the Bootcamp.
1. Facts
1.1 Learning Design and ESD the Bootcamp hereinafter “the Bootcamp ”) is an organisation that aims to support educational institutions embedding Education for Sustainable Development (ESD) in curriculum design.
1.2 To support its operations, the Bootcamp may engage individuals as Mentor/researchers in particular to:
- Assess the quality of Bootcamp proposals.
- Complete a report on each proposal.
- Seek specific advice and assist with mentor/researcher.
- Carry out research activities focused on the activities of the Bootcamp and
- Provide advisory services to educational institutions chosen by the Bootcamp.
1.3 Pursuant to the terms and conditions of this Mentor/researcher contract (the “Contract”) the Bootcamp wishes to cooperate with the Mentor/researcher and will for that purpose instruct the Mentor/researcher on a case-by-case basis.
NOW, THEREFORE, the Parties agree to the following:
II. Contractual Relations
2.1 General
2.1.1 This Contract does not constitute an employment agreement between the Mentor/researcher and the Bootcamp.
2.2.2 By signing this Contract, the Mentor/researcher will be included in the Bootcamp’s Mentor/researcher database and may be contacted by the Bootcamp to perform individual assignments and support the Bootcamp in its operations.
2.3.3 The Mentor/researcher will not be entitled under this Contract to any financial remuneration unless otherwise agreed.
2.2. The Mentor/researcher’s Assignment
2.2.1 Subject to the terms and conditions of this Contract, the Parties to this Contract intend to work together on a case by case basis. Pursuant to the terms of this Contract, the Bootcamp has the right to query the availability of the Mentor/researcher (the “Inquiry”) for the provision of services as instructed by the Bootcamp separately (the “Assignment“). Such Inquiry for an Assignment should indicate:
- description of the tasks,
- expected timelines, and
- approximate time dedication requirements.
2.2.2 The Mentor/researcher shall accept the Assignment via email within seven (7) days from receiving an Inquiry. Upon the Mentor/researcher’s confirmation, the Bootcamp in due time shall provide the Mentor/researcher with access to all necessary materials to perform the work or service.
2.2.3 The Assignment includes, but is not limited to, for example:
2.2.3.1 Providing consulting, mentor/research and advisory services to the Bootcamp.
2.2.3.2 Providing consulting, mentor/ research and advisory services to institutions chosen by the Bootcamp committee.
2.2.3.3 Providing strategic guidance related to the institution’s further development.
2.2.3.4 Conducting research activities associated with the Bootcamp.
3. Working Arrangements
3.1 The Mentor/researcher agrees to be available from time to time as requested by the Bootcamp at such times and locations as mutually agreed. The Mentor/researcher agrees that the services will be provided in a manner consistent with reasonably acceptable professional standards. The Bootcamp and the Mentor/researcher will discuss the work or services to be carried out by the Mentor/researcher. [The Parties shall mutually agree on the person(s) deployed to provide the services for each Assignment.]
4. Code of Conduct
4.1 The Mentor/researcher shall always perform this Contract and the Assignments awarded under it in compliance with the Code of Conduct (the “Code of Conduct”) attached as Annex 1. In the event of a breach, the provisions of the Code of Conduct shall apply.
5. Records and Original Supporting Documentation
5.1 The Mentor/researcher shall keep records and other original supporting documentation as evidence that Mentor/researcher’s services or work has been duly performed. The Mentor/researcher shall present these documents to the Bootcamp upon request for the Bootcamp to review them.
6. Ownership of Intellectual Property
6.1 It is the common understanding of the Parties that the Mentor/researcher shall own no rights regarding the results of the work or services performed (the “Working Results”). All Working Results shall be owned by the Bootcamp.
6.1.1 Working Results means all results developed within or under this Contract regarding Intellectual Property including but not limited to all data, documents, results or reports, including all copies thereof, whether or not patentable.
6.1.2 Intellectual Property means all intellectual and industrial property rights of any kind whatsoever including patents, registered designs, unregistered designs, rights in know- how and copyright (whether in drawings, plans, specifications, designs and computer software or otherwise), database rights, any rights in any invention, discovery or process, and applications for and rights to apply for any of the foregoing, in each case worldwide.
7. Data Protection
7.1 It is stated that the Mentor/researcher must comply with all provisions of the General Data Protection Regulation (GDPR) when processing personal data and that the Mentor/researcher is responsible for compliance with these provisions.
7.2 If one of the Parties receives requests from official bodies or data subjects concerning the other Party’s data processing activities, the Party shall promptly forward such requests to the other Party.
7.3 The Mentor/researcher agrees that all data required for selection as an Mentor/researcher and subsequent contact will be stored in the Bootcamp database in compliance with the applicable data protection provisions.
8. Entire Agreement / Form of Amendments and Statements
8.1 This Contract including its Annexes comprises the entire agreement between the Parties concerning the subject matter hereof and shall supersede and replace all prior oral and written declarations of intention made by the Parties in respect thereof.
8.2 Amendments and supplements to this Contract including any amendment to, or cancellation shall be required to be in writing to be effective.
8.3 Any statement, declaration, notification, or other communication that is required to be in writing under this Contract shall suffice to be transmitted by pdf-copy via e-mail to be effective.
Annex 1
Code of Conduct for Mentor/researchers of the Bootcamp
1. Performance of the contract
- The Mentor/researcher works independently, in a personal capacity and not on behalf of any organisation.
- The Mentor/researcher shall:
- carry out the work in a confidential and fair way;
- assist the Bootcamp to the best of his/her/its abilities, professional skills, knowledge, and apply the highest ethical and moral standards;
- follow any instructions and time-schedules given by the Bootcamp and deliver consistently high-quality work.
- assist the Bootcamp to the best of his/her/its abilities, professional skills, knowledge and applying the highest ethical and moral standards;
- write full, clear, and respectful sentences.
- The Mentor/researcher may only delegate another person or legal entity to carry out the work or be replaced by any other person or legal entity, if the Bootcamp has agreed to the delegation or replacement.
- The Mentor/researcher shall:
2. Obligations of impartiality
2.1 The Mentor/researcher shall perform his/her/its work impartially and independently. To this end, the Mentor/researcher is required to:
- decline to accept an Inquiry or, if the Contract has already been commenced, refuse to continue to act as a Mentor/researcher, if he/she/it has any doubt as to his/her/its ability to be impartial or independent;
- inform the Bootcamp of any Conflicts of Interest as soon as he/she/it learns of them; and
- confirm there is no Conflict of Interest for the work the Mentor/researcher is carrying out by signing a declaration form issued by the Bootcamp.
2.2 Definition of the Conflict of Interest: a “Conflict of Interest” exists if an Mentor/researcher:
2.1.1 has any vested interests in relation to the questions upon which the Mentor/researcher is asked to give advice on;
- stands to benefit directly or indirectly, or be disadvantaged, as a direct result of the Assignment/work carried out;
- is an Affiliate of a institution which benefits from the Assignment/work.
- is a managing director, member of the advisory board, trustee, or partner, or is in any other way involved in the management of a institution benefitting from the Assignment/work and/or an Affiliate thereof;
- is employed or contracted or volunteers by a institution benefitting from the Assignment/work and/or an Affiliate thereof, or any named subcontractors thereof; or
2.2.6 is in any other situation that compromises his/her/its ability to carry out his/her/its work impartially.
2.3 A Conflict of Interest may also exist if the Bootcamp decides that one exists, taking into account the objective circumstances, available information, and related risks, if an Mentor/researcher:
2.3.1 was employed by a institution benefitting from the Assignment/work or an Affiliate thereof in the last three (3) years;
2.3.2 is involved in a contract or grant agreement, grant decision or management structures (e.g., member of management or advisory board etc.), research collaboration with a institution benefitting from the Assignment/work or an Affiliate thereof, the fellow re- searcher, or had been so in the last three years; or
2.3.3 is in any other situation that could cast doubt on the Mentor/researcher’s ability to render the ser- vices under the Contract, or that could reasonably appear to do so in the eyes of a third party.
2.4 Consequences of a situation of Conflict of Interest
2.4.1 If a Conflict of Interest is reported by the Mentor/researcher or established by the Bootcamp, the Mentor/researcher has to resign immediately from the work. The Bootcamp has the right to replace the Mentor/researcher.
2.4.2 If it is revealed in the course of the Mentor/researcher’s work that the Mentor/researcher has knowingly concealed a Conflict of Interest, the Mentor/researcher will be immediately excluded, and the Bootcamp has the right of extraordinary termination.
3. Obligations of confidentiality
- The Mentor/researcher shall treat as confidential all information and documents, in whatever form (i.e., paper, or electronic), disclosed in writing or orally in relation to the performance of the Contract (“Confidential Information”).
- The Mentor/researcher hereby recognises that Confidential Information is and remains the sole property of the Learning Design and ESD the Bootcamp Committee “the Bootcamp” respectively the contracted legal entity or any of its Affiliates, as the case may be, and that no license with respect to Confidential Information is granted by the Contract.
- The Mentor/researcher undertakes to observe strict confidentiality in relation to his/her/its work. To this end, the Mentor/researcher shall not use or disclose, directly or indirectly, Confidential Information or Confidential Documents for any purpose other than fulfilling his/her/its obligations under the Contract, without prior written approval of the Bootcamp.
- In particular, the Mentor/researcher shall not:
- discuss Confidential Information or the work with others, including other Mentor/researchers or employees of the Bootcamp which are not directly involved in the Mentor/researcher ́s work; or
- disclose (i) any detail of Confidential Information or his/her/its work and its outcomes for any purpose other than fulfilling the obligations under the Contract.
- If the Mentor/researcher is provided with Confidential Information, in particular but not limited to the form of materials/documents/reports/supplies/files (“Confidential Documents“) in paper or electronic form, the Mentor/researcher shall be responsible for maintaining the confidentiality of the Confidential Documents provided and for returning, deleting, or destroying all Confidential Documents as instructed at the end of the work. If the Mentor/researcher does not receive instructions upon completion of the work, all Confidential Documents shall be deleted or destroyed upon completion of the work immediately and without further re-quest by the Bootcamp.
- If the Mentor/researcher seeks further information (e.g., through the internet, specialised databases, etc.) to complete the work, the Mentor/researcher shall:
- respect the overall rules for confidentiality for obtaining such information; and not contact third parties without prior written consent of the Bootcamp.
Date of last amendment: 15 March 2022
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