Tembeza Kenya

The following terms and conditions explain the services (the “Services”) with which you are provided by Tembeza Limited also trading as ‘Tembeza Kenya’ (“TK”) and what we would expect from you as a selected TK volunteer (“Volunteer”). All references to “we”, “us” and “our” refer to TK. All references to “you” are to the Volunteer.

1. TK Services

1.1	Important notice: Despite the fact that you will be abroad for a long time, TK only contract with you to provide certain elements of your trip. Our obligations to you extend only to those aspects of the trip which we have agreed in writing to supply and for which you have paid prior to departure.
1.2	TK will provide you with the Services as set out in the written breakdown of Services provided to you separately.
1.3	TK reserves the right to make any changes to the Services from time to time subject to those conditions.
1.4	If for an unforeseen reason arising after departure, the host organization offering the placement (the “Host”) is unable to provide a designated placement for the Volunteer, TK will make every reasonable effort to offer the Volunteer a comparative alternative placement. If a comparable alternative placement is not available and the Volunteer would like to cancel their remaining program TK may, at its discretion, and dependent on the circumstances refund a proportion of the fees to the Volunteer. Where a comparable alternative placement is available, TK will inform the Volunteer of the changes made to the Services as soon as possible.

2. Volunteer obligations

2.1

The Volunteers shall provide TK with sufficient evidence as reasonably required by TK to verify any information contained in the Volunteer’s application for the provision of Services 1.1

2.2

The Volunteer shall provide TK with satisfactory evidence, prior to departure that, he/she has:-

a)	arranged suitable travel arrangements from their home country to Kenya;
b)	obtained all necessary travel documents;
c)	had the necessary inoculations, within the appropriate time frame as recommended by a healthcare professional;
d)	Obtained the policy of travel insurance as referred to in 2.3 below; and such other information reasonably required by TK to carry out the Services.-

2.3

The Volunteer must hold a current and valid comprehensive policy of travel insurance (obtained from an insurer as approved by TK), which provides suitable cover during the period of the placement.

2.4

The Volunteer has an obligation both to the Host offering the placement and to TK to carry out duties agreed when the offer of a placement is accepted. The Volunteer must abide by the Host’s code of conduct/rules and fulfill the duties assigned to the best of his/her abilities behaving responsibly at all times and cooperating with all staff/ other Volunteers on the relevant placement. The Volunteer must inform the host of any absence from duty.

2.5

If the Volunteers experiences any problems with his/her placement and wishes to leave the placement before the agreed finish date, he/she must discuss this with the Host and notify TK in writing. If the Volunteer leaves the placement without the consent of the Host or TK, he/she will cease to be under the auspices of TK.

2.6

Most problems/complaints should be resolved by prior discussion with TK. If the Volunteer feels that his/her problem has not been adequately dealt with, the Volunteer shall send a written complaint to our Head Office. Letters of complaint will be acknowledged within 3 working days, and a response sent within 28 after receipt.

3. Fees and payment and cancellation

3.1	The fees for the services (the “Fees”) and the payment dates in respect of the same shall be as set out in TK’s schedule of fees provided by the Volunteer separately.
3.2	TK reserves the right, by giving notice to the Volunteer at any time before departure, to increase to fees to reflect any increase in the costs to TK (such as, without limitation, any alteration of duties, significant increases in the costs of third parties in connection with the Services), any change in dates or specifications in relation to the Services which is requested by the Volunteer, or any delay caused by any instructions to the Volunteer, or failure of the Volunteer to give TK adequate information or instructions.
3.3	If TK gives notice to the Volunteer of any increase on the Fees pursuant to the above clause, then the Volunteer will be entitled within 5 days of receiving TK’s avice of such an increase to cancel by means of a registered letter, that part of the Services to which the increase would be applicable.
3.4	The Fees are exclusive of any applicable value added tax which the Volunteer shall be additionally liable to pay to TK.
3.5	If the Volunteer fails to make any payment on the due dates, then, without prejudice to any other right or remedy available to TK, TK shall be entitled to cancel our agreement in respect of the provision of the Services until all outstanding amounts have been settled.
3.6	The Volunteer may cancel the agreement for the provision of the Services at any time prior to departure in which case the Volunteers will be liable to TK for the following fees:

Notice of Termination	Percentage of TK Fee Payable
More than 12 weeks before departure	Nil (save for any administrative charges)
8-12 weeks before departure	50%
4-8 weeks before departure	75%
Less than 4 weeks before departure	100%

4. Liabilities

4.1	TK takes all reasonable steps to ensure that the information given is accurate and any placement, travel program etc. are satisfactorily arranged. The liability of TK, its agents or sub-contractors, under or in connection with these terms and/or provision of the Services, whether in contract, negligence, breach of statutory duty or otherwise shall in respect of each event or connected event be limited to the total amount of the Fees paid by the Volunteer and in no circumstances shall TK be liable to the Volunteer or any third party for loss of profits or other indirect or consequential loss howsoever arising.
4.2	Notwithstanding the above, TK does not seek to exclude or limit any liability for death or personal injury caused by negligence on its part or for any other loss or damage for which it is legally prohibited to exclude or restrict liability. Whilst TK may have a duty of care to ensure the Volunteer’s safety it is not liable for loss or damage suffered as a result of events beyond the control of TK.1.1
4.3	TK does not accept any responsibility for any loss or injury (including without limitation. Loss of personal property, illness, death or personal injury) suffered by the Volunteer, which is caused by a third party who is unconnected to TK, or results from any program or component of travel undertaken by the Volunteer which has not been arranged by TK.

5. Termination

5.1	Our agreement for the provision of the Services may be terminated forthwith by either party if the other commits any material breach o these terms and which (in the case of a breach capable of being remedied) shall not have been remedied within fourteen days of a written request to remedy the same.
5.2	Any termination of our agreement for the provision of the Services shall not affect any accrued rights or liabilities of either party.

6. General

6.1	You agree to allow us to transfer any personal data held by us about you to the Host for the continued provision of the Services. We will access your personal data fairly and lawfully in accordance with the principles of the Data Protection Act 1998 for the sole purpose of continuing to provide the Services to you.
6.2	TK shall be permitted to fully assign its rights and obligations in respect of our agreement with you and to subcontract any of our obligations. The Volunteer shall not assign any of its rights or obligations under our agreement without the prior written consent of TK.
6.3	These conditions shall not confer any benefit or right of action on any third party and the provisions of the Contracts (Rights of Third Parties) Act 1999 and any subsequent or supplementary or modifying legislation are hereby excluded to the fullest extent possible by law.
6.4	Neither party shall be liable to the other for any delay or non performance of it obligations in respect of our agreement arising from any cause beyond its reasonable control, including, without limitation, any industrial dispute, act of God, governmental act, war, fire, flood, explosion, civil commotion. The affected party so delaying shall promptly notify the other party in writing of the cause and the likely duration of the cause.
6.5	Any advice or recommendations given by TK or its employees or agents to the Volunteer as to the Services which is not confirmed in writing by TK is followed or acted upon entirely at the Volunteer’s own risk and accordingly TK shall not be liable for any such advice or recommendation which is not so confirmed.

These terms and conditions shall be governed by the laws of England and any dispute arising shall be determined by the courts within that jurisdiction.