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Future17 – QS Additional Terms for Partner Universities

(Supplementary to the Future17 Consortium Agreement and the Partner’s Accession Agreement)

These terms are for Partner Universities joining the Future17 Consortium. They apply in addition to the terms in the Consortium Agreement and only to the specific additional services delivered by QS to the Partner as specified in the Partner’s individual Accession Agreement.

Part A — QS Conference Sponsorship Terms (Future17)

1. Interpretation

The definitions in this clause apply in these QS Conference or Event Sponsorship Terms (Future17).

  • Agreement: the accession agreement between the Customer and the Future17 Consortium which includes the provision of services by QS to the Customer as set out in Annex 2 of the Agreement.
  • Customer: the party to whom QS will provide the Services, as designated within the Agreement.
  • Candidate Data: information relating to individuals who registered to attend an event at which the Customer is an exhibitor.
  • Event: any conference or other event organised by QS which the Customer is paying to sponsor.
  • QS: QS Quacquarelli Symonds Limited (company number 02563879), registered office: 1 Tranley Mews, Fleet Road, London, UK, NW3 2DG.
  • Venue: the venue where the Event shall take place (if any).

2. Charges and Payment

If payment is not received by QS in accordance with the payment terms, then, in addition to any other rights and remedies available to QS, the Customer may be refused participation in or sponsorship of an Event.

3. Sponsorship and Use of Logo

3.1 All Intellectual Property Rights in the Customer’s name, logo and other distinctive marks remain with the Customer. Nothing in the Agreement transfers ownership in such rights. The Customer grants QS a non-exclusive, royalty-free, perpetual, worldwide licence to use the Customer’s name, logo and other distinctive marks to deliver the Services.
3.2 QS shall determine the location, spacing and sizing of the Customer’s name, logo and/or details (as appropriate) on any Event materials as it deems fit.

4. Changes in Layout, Venue, Delivery Method and/or Duration

4.1 QS may change the venue, delivery method (including from physical to virtual or hybrid), and/or duration of the Event without penalty.
4.2 Where such change occurs, the Agreement remains in force without repayment or reduction of Fees, provided the Customer is informed at least 14 days prior to the Event date.
4.3 QS may amend the Event or Venue layout (including size of booths or banners) without penalty and without repayment or reduction of Fees, where required for health and safety, fire regulations, or other reasonable requirements of the Venue host.

5. Events Affected by Covid

5.1 If, in QS’s reasonable opinion, the selected venue is or is likely to be negatively impacted by Covid or related rules/guidelines in the territory of the Event, QS may:
(a) change the format from physical to virtual (Services automatically transfer to the corresponding virtual event); and/or
(b) change the Event date (the Customer’s booking automatically transfers to the new date).
5.2 Both Parties shall follow all relevant rules, measures and guidelines relating to Covid prevention in the relevant territory and at the Venue.

6. Press / Publicity

6.1 Photographs, film footage, video and radio recordings may be taken during the Event and used by QS for marketing and promotional purposes. The Customer shall notify its personnel/representatives of this. If they do not wish to take part in promotional activity, the Customer must advise the QS event manager on arrival at each Event.
6.2 QS retains the Intellectual Property Rights in all press and publicity material.

7. Virtual Events

The Customer is solely responsible (to the extent permitted by law) for procuring, maintaining, and securing its network connections and telecommunications links from its systems to any QS virtual event. QS shall have no responsibility or liability for issues arising from the Customer’s network connections, telecommunications links, or the internet.

8. Candidate Data

8.1 QS may make Candidate Data available to the Customer in accordance with relevant data protection legislation. Upon receipt, the Customer acts as data controller for that Candidate Data.
8.2 The Customer agrees:
(a) to use Candidate Data only to promote the Customer’s programs, scholarships, and other legitimate activities (Business Purpose). Any other use is a material breach;
(b) to comply with all applicable data protection legislation;
(c) if required by QS, to complete and enter into an international data transfer or data sharing agreement (including EU/UK Standard Contractual Clauses) for transfers to third countries without an adequacy decision;
(d) not to share Candidate Data with third parties and to make copies only as necessary for the Business Purpose;
(e) to implement appropriate technical and organisational measures to protect Candidate Data, including ensuring the reliability of employees with access;
(f) if a security breach occurs, to:
 (i) immediately notify QS;
 (ii) cooperate fully with QS;
 (iii) implement all reasonable steps to minimise/stop the breach and prevent recurrence; and
 (iv) not respond to third parties or advisors until QS and the Customer jointly determine a communication and response strategy.
8.3 Customers may not directly collect Candidate Data or obtain it from any source other than QS under these Terms.
8.4 The Customer shall fully indemnify and hold harmless QS against any loss or damage suffered by QS or any third party arising from the Customer’s breach of this clause 8.

Part B — QS Digital Services Terms and Conditions (Future17)

1. Definitions

  • Advertisement: all advertising content, information, and URLs forming part of the QS Digital Services.
  • Agreement: the accession agreement between the Customer and the Future17 Consortium which includes QS services set out in Annex 2.
  • Campaign: advertising content/information and other promotion of the Advertisement or Material running on QS websites to raise awareness of the Customer and encourage traffic to Customer Webpages.
  • Candidate Data: information relating to individuals who interact with an Advertisement or material relating to the QS Digital Services.
  • Commencement Date: as specified in the Agreement or as otherwise agreed in writing.
  • Customer: the party to whom QS provides the Services, as designated within the Agreement.
  • Customer Webpages: websites, services and landing pages to which Campaigns link or direct viewers.
  • Material: any school or course description and application dates relating to the Customer’s business.
  • Modification Period: 7 days after QS’s receipt of the Advertisement and/or Material.
  • Partner: subsidiary, parent company or other subsidiary of a parent company.
  • Policies: QS privacy policy, QS trademark guidelines and QS ad specification requirements.
  • QS: QS Quacquarelli Symonds Limited (details as above).
  • QS Digital Services: the digital services, products or deliverables provided by QS as set out in the Agreement.
  • Relevant Legislation: all applicable laws and regulatory rules applicable to the QS Digital Services, the Advertisement/Campaign, or processing of Candidate Data.
  • Sites: websites registered to and operated by QS.
  • Specification: product detail document(s) provided by QS.
  • Target: agreed advertising targeting options and keywords.

Intellectual Property Rights: The Customer grants QS a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify Customer-provided materials for the term of the Agreement to deliver the QS Digital Services.

2. Candidate Data

2.1 QS may make Candidate Data available to the Customer in accordance with Relevant Legislation. Upon receipt, the Customer acts as data controller.
2.2 The Customer agrees:
(a) to use Candidate Data only for the Business Purpose described in Part A, clause 8.2(a);
(b) to comply with Relevant Legislation;
(c) if required by QS, to enter into applicable international transfer/data sharing agreements (including EU/UK SCCs);
(d) not to share Candidate Data with third parties and to copy it only as necessary;
(e) to implement appropriate technical and organisational measures;
(f) upon any security breach, to follow the notification, cooperation, mitigation, and coordinated response requirements set out in Part A, clause 8.2(f).
2.3 The Customer shall indemnify and hold harmless QS for loss or damage arising from breach of this clause 2.

3. Policies

Campaigns are subject to all applicable QS Policies, which may be modified at any time. QS may, at its discretion and without notice, modify Advertisements, Material, or Campaigns to comply with Policies.

4. Campaigns

4.1 The Customer is solely responsible for:
(a) Targets and Advertisements (whether generated by or for the Customer);
(b) providing QS with all relevant Advertisements by the due date set out in the Schedule or as otherwise communicated; and
(c) all Customer Webpages and the advertised products/services that they relate to.
4.2 All Campaigns must start within 30 days of the agreed Schedule.

5. Campaign Advertisements and Materials

The Customer agrees and acknowledges that:
(a) if QS receives any Advertisement/Material after the due date, QS may publish the updated content at a time of its choosing;
(b) the Advertisement/Material (as modified by the Customer, or if not modified, as initially posted) is deemed approved by the Customer upon expiry of the Modification Period, and QS may refuse changes after that period;
(c) the Advertisement/Material may be placed on any Site;
(d) QS may modify any Campaign at any time without liability;
(e) QS or Partners may reject or remove any Advertisement, Material or Target at their sole discretion;
(f) QS may, without notice, decline to publish, omit, alter, suspend, change position, or change the Customer’s participation in any Campaign previously accepted.

6. Campaign Amendments

6.1 The Customer may amend a Campaign start date by giving QS at least 14 days’ prior written notice before the originally agreed start date set by QS. If no date is specified, the Campaign will start 30 days from the Agreement date.
6.2 Campaigns may still be published on the original start date if the amendment occurs within 14 days of that date, and the Customer will remain liable for all payment obligations.
6.3 If the Customer fails to provide Material by the required date, the Campaign is deemed live on the specified start date, and payment obligations apply.
6.4 Booked Campaigns must be used within 12 months of the booking date.

7. Prohibited Uses; Licence Grant; Representations and Warranties

7.1 The Customer represents and warrants that it holds and grants QS all rights (including Intellectual Property Rights) needed for QS to operate Campaigns and Use Campaigns/Customer Webpages (including hosting, caching, routing, transmitting, storing, copying, modifying, distributing, performing, displaying, reformatting, excerpting, analysing, and creating algorithms/derivative works) in connection with the Agreement.
7.2 The Customer further represents and warrants that:
(a) all Customer information provided is complete, correct and current;
(b) the Use and all Materials, Campaigns and Customer Webpages comply with law, codes of conduct, third-party contracts and rights;
(c) it has authority/consent for any personal data (name, image, likeness) used in a Campaign;
(d) Materials comply with Relevant Legislation;
(e) all submitted materials are legal, decent, honest and truthful, and comply with applicable advertising codes (including under ASA supervision);
(f) any financial promotion is authorised, approved or otherwise permitted;
(g) the Customer has authority to enter the Agreement and is a business (not a consumer);
(h) all electronic files/tags are free from viruses or harmful routines.
7.3 The Customer shall not (and shall not authorise others to):
(a) generate automated, fraudulent or invalid impressions/inquiries/conversions/clicks/actions;
(b) use automated scraping or data extraction to collect QS advertising information from any Campaign website or Site (unless expressly permitted by QS);
(c) advertise anything illegal or engage in illegal/fraudulent practices;
(d) take action or make statements that could damage QS’s reputation.
7.4 Breach of this clause may result in immediate termination of the Agreement or Customer account without notice and may subject the Customer to legal penalties.

8. Disclaimer

8.1 QS makes no guarantee regarding positioning, levels, or timing of Campaigns.
8.2 QS will use reasonable endeavours to follow Customer’s reasonable instructions but does not warrant publication date, wording, or reproduction quality and has no liability for such matters.
8.3 QS shall not be responsible or liable for:
(a) checking correctness of Material as received;
(b) any error in Material as received;
(c) wording, representation, placement, or colour/mono reproduction quality;
(d) positioning or prominence on the Site;
(e) audience/circulation or geographic distribution of the Site;
(f) failure to meet target response levels or page impressions;
(g) delay/failure to issue or make the Site available on a due date, or QS’s suspension/cessation of the Site;
(h) any loss caused by electronic submissions in breach of clause 7.2(b).

Part C — QS Branding Terms and Conditions (Future17)

1. Interpretation

  • Advertisement: all advertising content/information and Material promoting the Customer’s business to appear in a QS Publication as specified in the Agreement.
  • Agreement: the accession agreement between the Customer and the Future17 Consortium which includes QS services set out in Annex 2.
  • Customer: the party to whom QS provides the Services, as designated within the Agreement.
  • Deadline Date: the last date for submission of the Advertisement and/or Material by the Customer to QS, to be communicated by QS at least 7 days in advance.
  • Material: information relating to the Customer’s business (including logos) submitted for inclusion in an Advertisement.
  • QS: QS Quacquarelli Symonds Limited (details as above).
  • QS Branding Services: publication of Advertisements by QS in QS Publication(s) as agreed.
  • QS Publication: any publication produced by QS.

2. Publication Requirements

2.1 The Customer is responsible for providing QS with all relevant Advertisements and Material by the Deadline Date.
2.2 The Customer agrees and acknowledges that:
(a) If QS receives Advertisement/Material after the Deadline Date, QS may, at its sole discretion:
 (i) publish the Advertisement in a later edition; or
 (ii) where previously supplied Material exists, use that Material as the Advertisement.
(b) If QS does not receive any Advertisement/Material, QS may, at its sole discretion:
 (i) use previously supplied Material as the Advertisement; or
 (ii) decline to publish any Advertisement until material is received.
(c) The Advertisement/Material (as modified by the Customer, or if not modified, as initially submitted) is deemed approved by the Customer at the Deadline Date. QS may refuse changes after the Deadline Date.
(d) QS may remove any Advertisement from any QS Publication at its sole discretion.
(e) QS may decline to publish or change the position of any Advertisement within a QS Publication, at its sole discretion and without notice.

3. Data Ownership and Intellectual Property

3.1 All proprietary and Intellectual Property Rights in QS Publications remain the property of QS.
3.2 Intellectual Property Rights in Customer-provided Material remain vested in the Customer. The Customer grants QS a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify such Materials for the term of the Agreement to deliver the QS Branding Services.

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