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1.1 AE Internships: a general partnership according to Dutch civil law specialized in internship and accommodation mediation for students. AE Internships always acts as the contractor.
1.2 The Student: the Student always acts as the client and is hereinafter also referred to as 'he / she' or 'him / her'.
1.3 Parties: AE Internships and the Student are hereinafter jointly referred to as 'Parties'.
1.4 The internship Company / internship Location: the company where the Student gains practical experience, contingently in the context of the education he or she is following.
1.5 the (internship) agreement: the agreement concluded between the Student, the Internship Company and contingently the educational institution where the Student is enrolled. Where this agreement refers to the (internship) agreement, this refers to both an oral and a written (internship) agreement.
1.6 the down payment: an amount of € 150 (incl. VAT) that the student must pay to AE Internships before the assignment takes place.
2.1 The student grants AE Internships the assignment, which assignment AE Internships hereby accepts, to mediate on behalf of the Student in establishing one or more (internship) agreements between the Student and the Internship Company. At the request of the Student, AE Internships can also mediate in the context of the assignment in finding accommodation for the Student. The assignment starts when AE Internships has received the Down Payment from the Student.
2.2 Parties do not agree on a mandate agreement; the mediation assignment aims to ensure that the Student and the Internship Company ultimately make further agreements themselves by concluding an (internship) agreement and that a landlord and the Student ultimately make further agreements themselves about the rental of an accommodation. Within the framework of the assignment, AE Internships guides and advises the Student with the application for a visa. The assignment expressly does not include the application for a visa by AE Internships on behalf of the Student. It is the Student’s responsibility to apply for a visa (in time). AE Internships is never liable to the Student in this case (and in accordance with the provisions of Article 4.4 of this agreement).
2.3 AE Internships has a best efforts obligation, and expressly no obligation to achieve, to execute the assignment within sixty (60) days after receiving the down payment by the student - as described in article 3 of this agreement. Parties can change or extend the term in consultation. AE Internships has complied with its best-efforts obligation after an intake (by telephone or email) has taken place with the Student, AE Internships has made up a personal profile of the Student, and AE Internships has proposed at least one Internship position to the Student at its own discretion. AE Internships is always obliged to make at least one proposal for an Internship to the Student.
2.4 If, as a result of its best efforts, AE Internships proposes an Internship to the Student, the Student has the right to reject the proposal if he or she believes that the internship proposal is not suitable. The Student can accept the proposal by telephone or by sending an e-mail to AE Internships and indicating that he / she accepts the proposal. If after the expiry period of sixty (60) days the Student has not accepted a proposal from AE Internships and no (internship) agreement has been concluded, the Student is entitled to a refund of the Down Payment if the proposal for an Internship position is in the Student's opinion not appropriate. In all other cases, the Student is expressly not entitled to a refund of the Down Payment. 'Other cases' includes, but is not limited to, the cases referred to in Article 3.4 under a. to e.
2.5 If, after the conclusion of the (internship) agreement, but before the start of the internship, the Internship Company terminates, dissolves or does not execute the (internship) agreement, through no fault of the Student, AE Internships obligation as described in article 2.1 of this agreement will revive for a period of thirty (30) days. Parties can extend the term in consultation.
2.6 If major changes occur on the part of the Internship Company after the conclusion of the (internship) agreement and / or after the internship has started, as a result of which the internship is no longer suitable for the Student, AE Internships is obliged to make an effort obligation with looking for a new Internship company as a matter of urgency and high priority. AE Internships has fulfilled its best efforts obligation in this regard when AE Internships has submitted two (2) suitable proposals to the Student within thirty (30) days. If the student does not accept any of the proposals, the Student is not entitled to a refund of the mediation costs. Major changes include, but are not limited to:
3.1 AE Internships and the Student agree on a price, consisting of a deposit of € 150 (incl. VAT), a final (remaining) payment, and (where applicable) a payment depending on the internship compensation the Student receives. AE Internships sends the Student a payment request in this regard by e-mail.
3.2 The assignment, as described in Article 2.1 of this agreement, starts after AE Internships has received the Down Payment of € 150 (incl. VAT) on account number NL25 RABO 0333 9564 43 in the name of AE Internships. If AE Internships fails to find a suitable Internship Company, AE Internships will refund the Down Payment to the Student's account number within a reasonable period.
3.3 If the Student accepts an internship proposal from AE Internships through the conclusion of an (internship) agreement, and the educational institution approves the Internship, the Student owes the agreed remaining payment to AE Internships. The Student is obliged to pay the remaining amount within seven (7) days after receiving the payment request by e-mail from AE Internships on the account number referred to in Article 3.2 of this agreement.
3.4 AE Internships and the Student agree that the obligation to pay the remainder after acceptance of the proposal for an Internship by the Student and approval of the Internship by the educational institution is final and unconditional. Under no circumstances does the Student have the right to suspend her/his payment obligations towards AE Internships, to set off AE Internships' claim against him / her against any counterclaim, and / or to dissolve this agreement in whole or in part. In addition to the foregoing, after acceptance of the proposal, the Student is in no way entitled to a refund of the Deposit and / or final payment, including (but not limited to) the following situations:
3.5 If the Student does not accept the proposal by AE Internships for an Internship, the Student will not owe the remainder amount, unless the Student still starts an internship within one and a half years after the proposal or is working in an employment relationship at the Internship company.
3.6 In the event that the student is entitled to an internship compensation, AE Internships and the Student agree that the Student has a one-off payment obligation, the amount of which depends on the amount of the internship compensation, as follows:
The Student is obliged to pay the amount as mentioned above within seven (7) days after receipt of the payment request by e-mail to AE Internships to the account number referred to in Article 3.2 of this agreement. AE Internships will charge this amount at the same time as the remaining payment as described in article 3.3 of this agreement.
4.1 The Student declares that he / she is aware of the fact that AE Internships only acts as a mediator and that AE Internships is not a contracting party to the (internship) agreement between the Internship Company and the Student, and that AE Internships is not a contracting party to the rental agreement between a landlord and the Student. AE Internships is therefore not responsible for the execution of the internship. In addition, AE Internships is not responsible for any defects in or to the accommodation.
4.2 Subject to provisions of mandatory law and reasonableness and fairness, AE Internships is in no way liable to the Student for damage suffered by the Student that has arisen as a result of the execution of this assignment to mediate and / or the (internship) agreement and / or the rent, including, but not limited to, direct damage, consequential damage, personal injury, damage resulting from death, loss suffered and / or loss of profit. Insofar as it has been established in court that AE Internships is, despite the above, still liable to the Student, the obligation to pay compensation is at all times limited to € 2,500.
4.3 AE Internships is never liable for damage suffered by third parties, including the Internship Company and the educational institution where the Student is registered. The Student hereby indemnifies AE Internships against any liability in that regard.
4.4 The Student has the responsibility, if necessary, to arrange and receive a visa in time prior the internship, as well as to extend a visa already received, if necessary. If he or she fails to do so or fails to do so on time, AE Internships is in no way liable for any direct or consequential damage that the Student suffers as a result.
4.5 AE Internships is in no way liable for damage that the Student suffers if the internship has to be terminated before the start and / or if the Student suffers a study delay, regardless of the reason for this. In addition, AE Internships is not liable for damage incurred by the Student in and around the accommodation.
4.6 The Student has an obligation before he or she travels to the country where the Internship Company is located to have the necessary insurance, including, but not limited to, proper travel and cancellation insurance.
5.1 AE Internships is at all times entitled to terminate the agreement and to discontinue the mediation, without giving any reason and without any liability for damage. The Student cannot terminate the agreement prematurely.
6.1 AE Internships can request the Student to share photos of their internship experience with AE Internships. Furthermore, AE Internships can request the Student to cooperate in writing an article for commercial purposes. If the Student complies with such a request from AE Internships, AE Internships reserves the right to publish the photos sent by the Student, photos showing the Student and the article for commercial purposes at its own discretion.
7.1 The Student is not allowed to pass on (contact) details of the Internship Company, persons who work or are connected in any way to the Internship Company or (contact) details of landlords to third parties, or to place them in a (vacancy) database in the broadest sense of the word, or to be published on social media and / or the internet, without written permission from AE Internships.
7.2 If the Student acts in violation of the provisions of Article 7.1, he / she is obliged to pay a penalty of € 50 per day that the violation continues, up to a maximum of € 500, without prejudice to AE Internships' right to claim compensation from the Student for damage that AE Internships suffers as a result of the Student violating article 7.1 of this agreement.
8.1 This agreement is exclusively governed by the law of the Netherlands.
8.2. In the event of disputes about the execution of this agreement, the parties will first consult each other to find a solution. If the consultation does not lead to a solution acceptable to both Parties, the dispute will be submitted exclusively to the competent court of the district court of Oost-Brabant, the Netherlands, unless mandatory statutory competence rules provide otherwise. No statements will be made public by any of the Parties to third parties regarding disputes in connection with or as a result of the agreement.