Volunteer Indemnity – What Charities sign up to.
In order to register for a CITA service Charities have to accept the following terms and conditions as documented in the legal agreement shown below. Note that the wording is directed at Charities, i.e. the ‘you’ in this text is the Charity.
As an aid to understanding this legal agreement there are two points that need to be emphasised.
- When accepting a pro bono volunteer to work for you it is your responsibility to ensure that the volunteer is both adequately skilled and a fit person for your organisation. If you have any concerns on this then you should contact the CITA administrator for assistance: email@example.com.
- The service being offered by CITA is on a pro bono basis. CITA is a not for profit organisation and cannot accept any financial liability for the advice or services offered by the volunteer.
It is a condition of the provision of services on a gratuitous basis through the offices of the Charity IT Association (“CITA”) that those receiving the Services (as defined below) accept a Memorandum in the following form. If you are unclear about the meaning or effect of any of the provisions in this Memorandum, you are recommended to take legal advice.
For the purposes of this Memorandum, “Services” means any services rendered for the benefit of the Client in connection with and including the provision of, and advice relating to, hardware and all other types of computer or telephony equipment or media including software (including whether or not embedded in computer equipment), networks, data and content manipulation, selection of specialist suppliers or service providers, project management, system strategy, suitability of job candidates or any other services whatsoever in relation to information technology and its governance.
As a duly authorised representative of the “Client”, being the intended Client of gratuitous services to be provided by the “Provider” (a volunteer or volunteers engaged through CITA including any and all associates assisting in the provision of the Services), it is accepted and agreed that it is a condition of engagement of the Provider and CITA that the responsibility for any loss or damage caused by the provision of or failure to provide, in whole or in part, any of the Services shall be limited as provided below.
- The Client acknowledges that:
- (a)it is its sole responsibility to ensure the Provider has the requisite skills for, and is otherwise appropriate to, the needs of the Client in relation to the Services;
- (b) all the Services shall be deemed to have been carried out solely by CITA;
- (c) unless the Provider or CITA otherwise agrees in writing,
- (i) the Services shall be used for the Client’s sole benefit; and
- (ii) the same shall not be replicated for the benefit of, communicated to or permitted to be relied upon by, any other person. Accordingly the provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply;
- (d) the Client will make its own judgment as to the suitability of the Services for its own purposes, and if such Services are found to be unsuitable, neither CITA nor the Provider (collectively called the “Protected Persons”) shall be responsible for such lack of suitability; and
- (e) none of the Protected Persons shall be deemed to have made any representations or warranties of any kind in relation to the Services nor shall any of them assume any liability for loss or damage to the Client, save only as provided below.
- (f) it will ensure that all necessary security clearance and/or safeguarding checks required of the Provider are in place.
- Insofar as the Client provides the Protected Persons with information or data which infringes third party intellectual property rights, is defamatory, constitutes a breach of confidentiality or imposes some other liability upon any of them, it shall fully and effectively indemnify the Protected Persons against any liability any of them may assume by reason of utilising such information or data as part of, or in the course of implementing, the Services.
- None of the Protected Persons shall be liable to the Client for any loss or damage whatsoever and whether direct, indirect, special or consequential which arises in contract, tort, by statute or otherwise in connection with the Services save only to the extent that fraud or bad faith are applicable.
- Nothing in this Memorandum excludes or limits the liability of any of the Protected Persons for death or personal injury caused by wilful default or negligence on the part of any of them.
- The Client agrees that having regard to all the circumstances including the fact that no charge is being made for the Services, the terms of this Memorandum are fair and reasonable.