The depositor confirms that he/she is the legal owner or agent for the legal owner of the records and undertakes to provide proof of ownership if requested by the National Archives.
The depositor confirms that he/she is free to deposit the records with the National Archives and that this does not breach the rights (including copyright of any third party).
The depositor grants the National Archives the right ot copy and use the records in accordance with the Terms of Deposit.
The National Archives reserves the right to return records of no historical interest or, with the depositor;s consent, to transfer them to a more appropriate repository or to destroy them.
The National Archives will not reveal details of a depositor to third parties without his/her consent.
3. Conservation and Preservation
The National Archives will use all reasonable endeavours to protect and preserve the records deposited in its care.
The records will be stored in the same physically secure and environmentally monitored conditions as other records held by the National Archives
The National Archives will withhold access to records in a fragile condition or otherwise unsuitable for public reference until remedial action has been taken.
The National Archives will undertake appropriate measures of preservation and conservation and reserves the right to create copies of records deposited in any format, subject to current copyright law.
The records will be listed as part of the National Archives cataloguing programme.
The records will be marked with reference codes for purposes of identification, security and retrieval in such a way that will not damage the records
A copy of the listing will be sent to the depositor and to such other persons or bodies deemed appropriate
Copyright of all findings aids created by the National Archives belongs to the National Archives
Subject to any restrictions set out in the deposit agreement or subsequently agreed in writing with the depositor or any statutory restrictions or periods of closure, the records will be made available to bona fide researchers
Consultation of the records will be in a supervised reading room during advertised opening hours and in accordance with the regulation of the National Archives.
6. Publication, Reproduction and Copyright
At the discretion of the National Archives copies may be provided to the public for study and research purposes in accordance with current copyright and data protection legislation.
Permission to publish in full or in extract from records deposited with the National Archives will be granted by the Archivist
The National Archives reserves the right to publish deposited records in whole or in part in publications of the National Archives, on the web or by way of other electronic formats.
All acknowledgements in publications or other media should be to the National Archives.
7. Exhibitions and Lectures
Records may be displayed in original or incopy form at the discretion of the National Archives.
Records may be loaned temporarily to another institution for the purpose of display with the depositor’s consent and provided that the facilities meet the approval of the National Archives.
The depositor may withdraw records from the National Archives either on a temporary basis or permanentlY.
A temporary withdrawal will be for an agreed period of time.
A minimum of three month’s notice of withdrawal of records must be given together with proof of ownership
The depositor will be responsible for all costs connected with the withdrawal and for arrangements for removing the records and for their return in case of temporary withdrawal.
The depositor shall be liable to reimburse the National Archives the full costs of cataloguing, administering and sorting of any withdrawn records and of any conservation or preservation measures undertaken while the records were in the custody of the National Archives if the records are permanently withdrawn within ten years of deposit.
The National Archives will not be held responsible for any loss or damage incurred while the records are being withdrawn unless such loss or damage is directly caused by the National Archives agents or personnel.
The person authorised to withdraw the records will be responsible for their safety and for the costs of and damage incurred during their absence from the National Archives.
The National Archives reserves the right to copy the records and to hold such copies after the records have been withdrawn. These copies will be the property of the National Archives and will be made available to the public subject to any legal restriction or restrictions set out in the revised agreement the National Archives and the depositor.
The Agreement for Deposit and Terms of Deposit shall be governed and construed according to the law of the federation of St. Christopher and Nevis.
For the avoidance of doubt, nothing in the Agreement or Terms of Deposit shall confer on any third party any benefit or right to enforce any provision thereof.
Any variation from these terms is to be agreed with the Director of Archives at the time of deposit.