Microsoft Word - FaQ 5.4 _disclaimer_.doc



Standard Disclaimer of Liability for Private Consultancy WorkUCL permits academic staff to undertake private consultancies (that is, not through UCL Consultants) subject to prior approval from the relevant UCL head of department. In this case, UCL requires academic staff to advise the client that they are acting in a personal capacity and not for or on behalf of UCL in the form of a letter from the consultant to the client, countersigned by the client and lodged with head of department.Please note:1. The address of the consultant used in any consultancy agreement and in this letter to the client should NOT be a UCL or departmental address. 2. UCL or departmental letterhead should not be used when acting in a private capacity. 3. There must be no direct, indirect or implied contractual link between UCL and the client.4. This letter deals only with liability – the consultant must ensure that other terms and conditions, for example in respect of ownership of intellectual property, are properly agreed with the client, .5. If you are in any doubt about the liability clauses in a client contract, and since UCL has no opportunity to establish its requirements directly with the client, a letter should be sent by you substantially similar in content to the following: "Dear……. Title of consultancy assignment With reference to my work on the above assignment, I am required by UCL, my employer, to advise you that I shall be acting in an entirely personal capacity and not for or on behalf of UCL. Whilst UCL permits its academic staff to undertake private consultancies subject to prior approval, (which I have obtained from my head of department), once approval has been given, UCL exercises no control or supervision over the actual performance of the work. Consequently, UCL cannot accept responsibility for the work I do, nor for the advice which I give in connection with the assignment and accepts no liability for any acts or defaults on my part, whether negligent or otherwise. In the event of any conflict between the provisions of this letter and the terms of any other contract between myself and your [company/organisation] this letter shall take precedence. Please acknowledge receipt of this letter. Yours sincerely" ................
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