TERMS AND CONDITIONS OF THE CONTRACT FOR SERVICES FOR EXTERNAL
EXAMINER:
POSTGRADUATE RESEARCH PROGRAMMES
1.
These terms will apply to the contract for services and Appointment (as described below)
between the following parties:
i. The University of Exeter, The Old Library, Prince of Wales Road, Exeter EX4 4SB (“the
University”), and
ii. where “the External Examiner” is referred to insert your name.
2.
The External Examiner is appointed (effective from the date that we send you an
appointment email), as a self-employed contractor to the University until the final outcome
of the examination (“Appointment”), to carry out the services of External Examiner for a
graduate research degree as set out in the Examiner’s Handbook for Graduate Research
Degrees1 and its attached documents (“Services”). The External Examiner is required to
complete the Services unless otherwise terminated under clause 13 of these terms. The
External Examiner will provide the Services in a timely manner and with reasonable skill
and care. The External Examiner will keep the University informed of the progress of the
Services and in particular will liaise with the Internal Examiner in respect of the
performance of the Services, and will comply with any reasonable requests of the
University. For the avoidance of any doubt, the meaning of any capitalised term that is not
interpreted or defined in these terms, will be found in Examiners Handbook for Graduate
Research Degrees, as referred to in this clause 2 (“Handbook”).
3.
The External Examiner must inform the University without delay if they will be unable to
perform the Services in accordance with these terms, by reason of illness or other cause.
4.
The fees that the External Examiner will receive in consideration of the performance of the
Services (“Fees”) are set out in the Handbook. The Fees are reviewed annually. In
accordance with HMRC regulations regarding external examiners for higher degree
programmes and professional qualifications engaged under a contract for services, Fees
are paid gross. It is the External Examiner’s responsibility to account for this income to
HMRC. The External Examiner agrees to indemnify the University in respect of any claim
that may be made by the relevant authorities against it in respect of income tax and
national insurance or similar contributions relating to the External Examiner’s services
under these terms. Fees are paid on receipt of the Examiners’ Report Form. If the
External Examiner fails to submit a Preliminary Report or to contribute to a Final
Examiners’ Report Form in the prescribed manner as set out in the Handbook and within
the set time limit no Fees shall be paid.
5.
The External Examiner shall be entitled to be reimbursed by the University for all out-ofpocket expenses wholly, exclusively and properly incurred in the performance of the
1
http://as.exeter.ac.uk/support/registryservices/postgraduateadministration/pgrexaminershandbo
ok/
Services and agreed in advance with the University subject to the submission to the
relevant College of the Expenses Claim Form that can be found in the Handbook.
6.
The External Examiner agrees that during the Appointment they will not undertake any
additional activities or accept any other engagements that lead or might lead to any
conflict of interest between the External Examiner and the best interests of the University.
7.
The External Examiner agrees that they will declare to the University any conflict of
interest that may arise in the course of the Appointment, including in particular if they are
placed in a position of making a judgement about any student with whom they have had
direct contact.
8.
The External Examiner agrees that during the course of the Appointment they are likely to
obtain knowledge of confidential information with regards to the business of the University,
mitigating circumstances and evidence submitted in support of mitigating circumstances in
relation to the research students to be examined (“Confidential Information”), and
accordingly the External Examiner undertakes to and covenants with the University that
they will not use the Confidential Information other than during the continuance of the
Appointment and in connection with the provision of the Services; and they shall not at
any time after the termination of the Appointment (save as required by law) disclose or
divulge any Confidential Information to any person other than to employees of the
University who are authorised by the University to know the same. These restrictions will
cease to apply to information that comes into the public domain otherwise than through
the default of the External Examiner. For the avoidance of any doubt “Confidential
Information” also includes, in particular, any Preliminary Report, or Final Examiners’
Report, (“Reports”), the contents of the thesis belonging to the student being examined
and any oral or written communication, arising during the External Examiner’s
performance of the Services.
9.
The External Examiner acknowledges that he/she will not have any rights whatsoever in
respect of the intellectual property rights of the University or its staff or students.
10.
The External Examiner warrants that its performance of the Services, and University’s
receipt of the same, will not infringe the intellectual property rights of any person except to
the extent that any infringements arise from any works or materials provided by University.
11.
The External Examiner hereby assigns to the University all existing and future intellectual
property rights (including, without limitation, rights to inventions, copyright and related
rights, created by the External Examiner) arising from the Services for the University. The
External Examiner agrees to promptly execute all documents and do all acts as may, in
the opinion of the University be necessary to give effect to this clause 11.
12.
On the termination of the Appointment, or otherwise on request, the External Examiner will
deliver up to the University all property, including computer software and documents,
which belongs to the University or otherwise relates to its business or affairs, without
retaining any copies.
13.
The University shall have the right to terminate the Appointment at any time by summary
notice if the External Examiner:


is in material or persistent breach of any of these terms, including a material or
persistent failure to carry out their duties or fail to submit any report within the
specified time limit; or
persistently and wilfully neglects, or becomes incapable for any reason of
efficiently performing, the Services, including a failure to remedy any fault in work
produced within a reasonable period of time of being notified of that fault.
14.
The University and the External Examiner (“the Parties”) agree that the External
Examiner is a self-employed independent contractor and not an employee or agent of the
University. The External Examiner does not qualify for any benefits from the University.
15.
These terms are governed by the laws of England and Wales and the Parties submit to
the jurisdiction of the courts of England and Wales.