Terms and conditions
Article 1. General
- These conditions apply to every offer, quotation, and agreement between Internship Placement and a Principal to which the Contractor has declared these conditions applicable, insofar as these conditions have not been explicitly deviated from by the parties in writing.
- The present conditions also apply to actions of third parties engaged by the Contractor in the context of the/an assignment.
- These general conditions are also written for the employees of Internship Placement and its management.
- The applicability of any purchase or other conditions of the Client is expressly rejected.
- In the event that one or more provisions of these general terms and conditions should at any time be wholly or partially null and void or annulled, the remaining provisions of these general terms and conditions will continue to apply in full. In such case, Internship Placement and the Client will consult to agree on new provisions to replace the null and void or annulled provisions, taking into account as much as possible the purpose and intent of the original provisions.
- If uncertainty exists regarding the interpretation of one or more provisions of these general conditions, then the explanation should be found ‘in the spirit’ of these provisions.
- If a situation arises between the parties that are not provided for in these general conditions, then this situation should be assessed in the spirit of these general conditions.
- If Internship Placement does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof are not applicable or that Internship Placement would in any way lose the right to require strict compliance with the provisions of these terms and conditions in other cases.
Article 2. Quotations and offers
- All Internship Placement’s quotations and offers are without obligation, unless the quotation stipulates a period for acceptance. If no acceptance period is specified, the offer will always expire after 30 days.
- Internship Placement cannot be held to its tenders or offers if the Client can reasonably understand that the tenders or offers, or any part thereof, contain an obvious mistake or error.
- The prices mentioned in a quotation or offer are inclusive of VAT and other government levies, any costs to be incurred in connection with the contract, including travel and accommodation, postage and administration costs, unless otherwise indicated.
- If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or the offer, Internship Placement is not bound by it. The agreement will not be established in accordance with this deviating acceptance, unless Internship Placement indicates otherwise.
- A composite quotation does not oblige Internship Placement to carry out part of the assignment at a corresponding part of the specified price. Offers or quotations do not automatically apply to future orders.
Article 3. Contract Term, Term of Performance, Transfer of Risk, Execution and Amendment of Agreement, Price Increase
- The agreement between Internship Placement and the Principal is entered into for a definite period of time, unless the nature of the agreement dictates otherwise or if the parties explicitly agree otherwise in writing.
- If a term has been agreed or indicated for the execution of certain activities or the delivery of certain goods, this is never a deadline. If a term is exceeded, the Client must therefore give Internship Placement written notice of default. Internship Placement must be given a reasonable period to still fulfil the agreement.
- Internship Placement has the right to have certain activities performed by third parties.
- Internship Placement is entitled to execute the agreement in several phases and to invoice the part thus executed separately.
- If the agreement is performed in phases, Internship Placement may suspend the execution of those parts that are part of a subsequent phase until the client has approved in writing the results of the preceding phase.
- The execution period will not commence until the Client has made the information available to Internship Placement. Internship Placement is not liable for any damage, of whatever nature, due to the fact that Internship Placement has relied on incorrect and/or incomplete information provided by the Client.
- If during the execution of the agreement it appears that for a proper execution thereof it is necessary to amend or supplement the agreement, the parties will proceed to amend the agreement in a timely manner and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or indication of the Client, of the competent authorities et cetera, is amended and the agreement is thereby qualitatively and / or quantitatively changed, this may have consequences for what was originally agreed. This may also increase or decrease the amount originally agreed upon. As much as possible, Internship Placement will provide a quotation in advance. Furthermore, by amending the agreement, the originally specified period of execution may be changed. The Client accepts the possibility of amending the agreement, including the change in price and term of execution.
- If the agreement is amended, including an addition, Internship Placement is entitled to execute it only after the person responsible within Internship Placement has given his approval and the Principal has agreed to the price and other conditions indicated for the execution, including the time to be determined at that time. Failure or delay in the execution of the amended agreement does not constitute a default by Internship Placement and is no ground for the Client to terminate or cancel the agreement.
- Without being in default, Internship Placement may refuse a request to amend the agreement if this could have qualitative and / or quantitative consequences for example for the work to be performed or the goods to be delivered in that framework.
- In the event that the Client fails to properly fulfil its obligations towards Internship Placement, the Client will be liable for all damages (costs) directly or indirectly incurred by Internship Placement as a result.
- If Internship Placement agrees on a specific price with the Client, Internship Placement will nevertheless be entitled to increase this specific price at any time under the following circumstances.
– If the price increase results from a power or an obligation imposed on Internship Placement by law.
– If the price increase is the result of a change in the agreement.
– In other cases, provided that the Principal who is not acting in the exercise of a profession or business, is entitled to terminate the agreement by written notice if the price increase exceeds 10% and takes place within three months of the conclusion of the agreement, unless Internship Placement is still willing to execute the agreement on the basis of the amount originally agreed upon.
Article 4. Suspension, dissolution and early termination of the agreement
- Internship Placement is authorized to suspend the fulfillment of the obligations or to dissolve the agreement, if:
– The Client does not, not fully or not timely comply with the obligations under the agreement.
– After the conclusion of the agreement, circumstances become known to Internship Placement which give good reason to fear that the Client will not fulfil its obligations.
– If, upon entering into the agreement, the Client was asked to provide security for the fulfilment of its obligations under the agreement and this security is not provided or is insufficient.
– if, due to a delay on the part of the Client, it can no longer be demanded of Internship Placement to fulfil the agreement on the originally agreed conditions.
– Internship Placement is unable to perform its services due to force majeure, for example, covid-19 restrictions on which Internship Placement has no influence.
– Furthermore, Internship Placement is authorised to dissolve the agreement if circumstances arise of such a nature that fulfilment of the agreement is impossible or if other circumstances arise of such a nature that the unaltered maintenance of the agreement cannot reasonably be required of Internship Placement.
- If the termination is attributable to the Client, Internship Placement is entitled to compensation for damages, including the costs incurred directly and indirectly.
- If the agreement is dissolved, the claims of Internship Placement against the Principal will be immediately due and payable. If Internship Placement suspends fulfilment of the obligations, it will retain its claims under the law and the agreement.
- If Internship Placement suspends or dissolves the agreement, it is in no way whatsoever obliged to compensate for damages and costs caused in any way whatsoever.
- If the Client fails to fulfil its obligations under the agreement and such failure justifies termination, Internship Placement is entitled to terminate the agreement with immediate effect without any obligation on its part to pay any compensation or indemnification, while the Client, by virtue of default, is obliged to pay compensation or indemnification.
- If the agreement is terminated prematurely by Internship Placement, Internship Placement will, in consultation with the Client, take care of transferring the work still to be performed to third parties. This is unless the termination is attributable to the Client. If the transfer of the work results in additional costs for Internship Placement, these will be charged to the Client. The Client is obliged to pay these costs within the period specified for this purpose, unless Internship Placement indicates otherwise.
- In the event of liquidation, (application for) suspension of payment or bankruptcy, attachment – if and to the extent that the attachment has not been lifted within three months – at the expense of the Client, debt restructuring or any other circumstance as a result of which the Client can no longer freely dispose of its assets, Internship Placement is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement without any obligation on its part to pay any damages or compensation. In that case, the claims of Internship Placement on the Client are immediately due and payable.
- In case the Client cancels an internship application after making a down payment, Internship Placement will not refund the down payment to the Client.
Article 5. Force Majeure
- Internship Placement is not obliged to fulfil any obligation towards the Client if prevented from doing so due to a circumstance that is not due to negligence, nor for its account under the law, a legal act or generally accepted practice.
- In these general conditions, force majeure includes, in addition to its meaning in law and jurisprudence, all external causes, foreseen or unforeseen, over which Internship Placement has no influence, but which prevent Internship Placement from fulfilling its obligations. This includes strikes in the company of Internship Placement or third parties. Internship Placement also has the right to invoke force majeure if the circumstance preventing (further) fulfilment of the agreement occurs after Internship Placement should have fulfilled its commitment.
- Internship Placement may suspend the obligations under the agreement during the period of force majeure. If this period lasts longer than two months, either party will be entitled to terminate the agreement without any obligation to pay the other party damages.
- Insofar as Internship Placement has partially fulfilled its obligations under the agreement or will be able to fulfil its obligations at the time of the occurrence of force majeure and insofar as independent value can be attributed to the part fulfilled or to be fulfilled respectively, Internship Placement will be entitled to separately invoice the part already fulfilled or to be fulfilled respectively. The client is obliged to pay this invoice as if it were a separate agreement.
Article 6. Payment and collection costs
- Payment must always be made within 14 days after the invoice date, in a way indicated by Internship Placement and in the currency of the invoice, unless Internship Placement indicates otherwise in writing.
- If the Client fails to pay an invoice in time, the Client will be in default by operation of law. The Client will then owe an interest of 0.5% per month. The interest on the due and payable amount will be calculated from the moment the Client is in default until the moment of payment of the full amount due.
- Internship Placement has the right to have the payments made by the Client go firstly to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest.
- Without being in default, Internship Placement may refuse an offer of payment if the Client indicates a different order for the allocation of the payment. Internship Placement may refuse full repayment of the principal sum, if this does not include the interest due and accrued and collection costs.
- Objections to the amount of an invoice do not suspend the payment obligation.
- If the Customer is in default or breach of contract in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the Customer. The extrajudicial costs are calculated on the basis of what is customary in the Dutch collection practice, currently the calculation method according to Rapport Voorwerk II. However, if Internship Placement has incurred higher costs for collection that were reasonably necessary, the actual costs incurred will qualify for reimbursement. Any judicial and execution costs incurred will also be recovered from the Client. The Client will also owe interest on the collection costs due.
Article 7. Retention of Title
- All goods delivered by Internship Placement in connection with the agreement will remain the property of Internship Placement until the Principal has properly fulfilled all obligations arising from the agreement(s) entered into with Internship Placement.
- The goods delivered by Internship Placement, which fall under the retention of title in accordance with paragraph 1, may not be resold and may never be used as payment instrument. The Client is not authorised to pledge or in any other way encumber the goods falling under the retention of title.
- The Client must always do everything that may reasonably be expected of it to secure the property rights of Internship Placement.
- In the event that third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Client is obliged to immediately inform Internship Placement thereof.
- In the event that Internship Placement wishes to exercise its property rights referred to in this article, the Client gives unconditional and irrevocable permission in advance to Internship Placement and any third party designated by Internship Placement to enter all such places where the property of Internship Placement is located and to take it back.
Article 8. Guarantees, examination and complaints, limitation period
- The goods to be delivered byInternship Placement will meet the usual requirements and standards that can reasonably be set at the time of delivery.
- Nor can the client claim a guarantee if the defect is caused by or as a result of circumstances beyond Internship Placement’s control, including weather conditions (such as, but not limited to, extreme rainfall or temperatures) et cetera.
- The Principal is obliged to examine the delivered goods, or have them examined, immediately at the moment that the goods are made available to him. In doing so, the Customer must examine whether the quality and/or quantity of the goods delivered corresponds to what was agreed and meets the requirements that the parties agreed in this respect. Any defects must be reported to Internship Placement as soon as possible (within 14 days). The Principal must give Internship Placement the opportunity to investigate a complaint or have it investigated.
- If the Client complains in time, this does not suspend its payment obligation. In that case, the Client also remains obliged to purchase and pay for the other goods ordered and that which it has instructed Internship Placement to do.
- If a defect is reported later, the Principal will no longer be entitled to repair, replacement or compensation.
- If it has been established that an object is defective and a complaint in this respect has been filed in time, Internship Placement will, at its discretion, replace or take care of repairing the defective object within a reasonable period of time after receipt of the returned product or, if returning the product is not reasonably possible, written notification regarding the defect by the Client. In the event of replacement, the Client is obliged to return the replaced good to Internship Placement and provide Internship Placement with ownership thereof, unless Internship Placement indicates otherwise.
- If it is established that a complaint is unfounded, the costs incurred by Internship Placement as a result thereof, including the research costs, will be entirely borne by the Client.
Article 9. Liability
- In the event Internship Placement is liable, such liability will be limited to the provisions of this clause.
- Internship Placement is not liable for damages of any kind arising because Internship Placement relied on incorrect and / or incomplete information provided by or on behalf of the client.
- Internship Placement is only liable for direct damage.
- Direct damage is exclusively understood as:
– the reasonable costs incurred to establish the cause and extent of the damage, insofar as the establishment relates to damage in the sense of these conditions;
– the reasonable costs incurred to have the defective performance of Internship Placement fulfil the agreement, insofar as these can be attributed to Internship Placement.
– reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have resulted in limiting direct damage as referred to in these General Terms and Conditions.
- In the event that Internship Placement is liable for any damage, the liability of Internship Placement is limited to a maximum of once the invoice value of the order, at least to that part of the order to which the liability relates.
- Internship Placement is not liable for any damage caused by third parties or situations beyond its control.
- The liability of Internship Placement is in any event limited to the amount paid by its insurer in the case concerned.
- The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of Internship Placement or its managing subordinates.
Article 10. Indemnification
- The Client indemnifies Internship Placement against any claims from third parties, which may suffer damage in connection with the execution of the agreement and of which the cause is not attributable to Internship Placement.
- If a third party should claim against Internship Placement in this respect, the Client is obliged to assist Internship Placement in court and to immediately do everything that may be expected of it in such case. Should the Client fail to take adequate measures, Internship Placement is entitled to do so itself without notice of default. All costs and damages incurred by Internship Placement and third parties as a result will be borne entirely by and at the risk of the Client.
Article 11. Intellectual property
- Internship Placement reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual laws and regulations. Internship Placement has the right to use the knowledge acquired in the execution of an agreement for other purposes, provided that no strictly confidential information of the client is brought to the attention of third parties.
Article 12. Applicable law and disputes
- Dutch law will exclusively apply to all legal relationships to which Internship Placement is a party, even if an obligation is wholly or partially fulfilled abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
- The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
Article 13. Location and modification of general conditions
- These terms and conditions can be found on the website of Internship Placement: www.internship-placement.com
- Modifications, typing errors and any changes are reserved.
- The Dutch text of the general conditions will always be decisive for its interpretation.
Article 14. Internship Specific Conditions
- The student agrees to mainly communicate via E-mail.
- Internships may be provided by internship partners who may be located abroad. Our colleagues will contact the student to discuss his or her preferences. The student agrees that his or her completed data will be forwarded to the partner company of Internship Placement. Internship Placement will handle this carefully and confidentially at all times.
- Students who apply for an internship can decide not to do this until Internship Placement has received the down payment.
- If students decide not to do an internship through Internship Placement after having paid the deposit, there will be no refund for the student.
- After the student agrees with a found internship company, an internship agreement will be drawn up between the student and the company.
- When the internship is fully arranged, Internship Placement or partner of Internship Placement will ask for the remaining amount from the student linked to his/her contract. The student has a payment term of two weeks.
- At all times, the student is responsible for his/her own health and safety abroad.
- Internship Placement provides advice, tips and information on internships abroad based on its own experience and research. Internship Placement is not responsible for any wrong advice, tips and/or information.
- Services from Internship Placement sometimes require input from the student. If the student does not or not fully provide input to Internship Placement, no optimal service can be provided. Internship Placement cannot be held responsible for this and will not refund or discount the student if it appears that the student has provided a lack of input.
- The student is responsible for arranging airfare, insurance and visa. However, Internship Placement does provide assistance with this, but is not responsible/obligated for anything.
- Should the student use the data of his/her (potential) internship company(ies) for his/her own benefit (outside of Internship Placement to make arrangements for an internship, marketing purposes, or for other things) or share this data with other persons or companies/organizations, Internship Placement has the right to charge the full internship placement fee and the student is obliged to pay an image damage fine of at least 1000 euro. Recruiting other interns is also not allowed at all times, without the permission of Internship Placement