General Terms & Conditions

 

Last Updated: 22/07/2024

Unless specific Terms and Conditions have been agreed between MITR and Client/Party, the below General Terms and Conditions apply:

General Terms and Conditions of Assignments:

MITR shall carry out the work specified in the Service Agreement, offer or order confirmation” the Assignment”.

Changes may only be made to the scope of the Assignment as a result of a separate agreement between the Client/Parties.

Customer shall also include, where appropriate, person(s) associated with the Customer and comprehended by the Assignment.

Service of Agreement:

The Client and the Client employees that are receiving services from MITR within the scope of an Agreement may be granted access to MITR Website, the MITR Service Platform. The access allows for reporting on services and statistics through the system, placing Instructions on services through the system, storage of data / documents relevant for the Mobility / Immigration/ Travel/ Relocation process such as Immigration documents, housing rental agreements up to agreed data volumes that are specified in the user manual for the system provided by MITR.

The Client and the Client employees are not allowed to grant access to the system to any third party. Any reasonable terms and conditions of usage that MITR may ask the user of the system to confirm shall apply.

MITR is not responsible for information / data that are filed in the system by third parties (which shall, for the avoidance of doubt, exclude data concerning The Client or the Client employees or otherwise provided in connection with an Assignment).

Access to the system standard version, without any additional adjustments / extra programming for The Client, will be free of charge. Access to the system is granted only during the length of the Agreement and/or during the period in time when MITR is providing services for the Client.

MITR may however restrict access or cancel the access for the Client and the Client employees at MITR own discretion.

The Execution Of The Assignment:

MITR is responsible for managing, planning in detail and implementing the Assignment.

The Assignment shall be carried out with care and in an otherwise professional manner. The parties shall consult with each other during the execution of the Assignment.

The Customer shall grant MITR access to the information and supporting data required for the execution of the Assignment and in other respects carry out the agreed measures.

MITR is entitled, following an assessment of its own, to use the services of external consultants or consultancy firms (”Consultant”) or its own staff in the execution of all or parts of the Assignment.

MITR is entitled to compensation for work carried out and charged by a Consultant, as though the work had been carried out by MITR itself.

MITR is responsible for coordinating and selecting the persons, external consultants or companies to be hired for the agreed services contained in the Assignment.

Compensation/ Remuneration:

The remuneration paid to MITR for the execution of the Assignment is set forth in the Assignment Agreement.

If the Clients/Parties have agreed to change the Assignment, MITR will also be entitled, unless otherwise specially agreed upon, to adjust the remuneration correspondingly. The remuneration shall also be altered in respect of extra work which MITR has not brought about through error or negligence. Such extra work shall be charged by MITR in accordance with the price list of the company in force at the time the extra work was carried out.

In cases where the Customer orders further services/advice directly from the Consultant and the cost is charged to MITR, MITR will be entitled to request further compensation for these costs from the Customer including commercial surcharges.

Payment:

The remuneration paid to MITR shall be rendered in accordance with the payment plan specified in the Assignment Agreement. If such agreement has not been reached, MITR will be entitled to charge the Customer the entire remuneration in conjunction with the commencement of the Assignment.

Payment shall be rendered against an invoice on the date the service is ordered.

VAT and other taxes and surcharges are to be added.

Delayed Payment:

If the Customer does not pay punctually, MITR will be entitled to penalty interest pursuant to the Legal Compliance. In this connection, MITR will also be entitled, following written notice of this to the Customer, to discontinue work until further notice pending payment by the Customer of any outstanding due claims and the furnishing of satisfactory security for future payments for work by MITR to continue.

If the Customer delays payment by more than 30 days after MITR has called upon the Customer to pay a due sum, MITR may, through written communication with the Customer, terminate the Agreement with immediate effect and discontinue the Assignment.

Refund Policy:

Due to any factor within the Service of Agreement (& terms attached), if MITR needs to make a refund to Clientele/Party (in Stipulated Agreement), appropriate action will be taken within 7 to 10 working days.

Responsibility Of The Customer:

The Customer shall actively work towards enabling the Assignment to be implemented in the intended manner and within the stated time.

MITR is only responsible for damage to the Customer’s property caused via the negligence of MITR or MITR’s staff; the amount of damages is limited in accordance with information below. MITR is not responsible for the Customer’s loss of data.

Irrespective of what may ensue from the Agreement in other respects, a party’s indemnity liability shall always, unless there is specific intent or gross negligence, be limited to direct losses at a total amount not exceeding the Remuneration for the specific Assignment to which the indemnity liability can be attributed. This stipulation also applies in the event of breach of contract and damage caused by a Consultant.

Responsibility of MITR:

MITR shall have freedom of liability regarding third parties. Vendor is providing the services as an independent contractor. MITR shall have no direction or control of Vendor or of Vendor’s employees or agents, except in the result to be obtained.

Permission of or Decision by an Authority:

MITR is not responsible for an authority granting necessary permissions or informing the Customer of positive decisions, even if it has been within the framework of this Agreement to provide, on the Customer’s account, a particular school place, a work permit etc.

Premature Termination:

The Customer is entitled, without giving a reason, to terminate an Assignment provided this relates to work not yet carried out. MITR shall, in such cases, receive compensation for work carried out, verified costs including outlay to Consultants and for losses caused to the company due to the termination of an Assignment.

The Customer is entitled, without giving a reason, to terminate an Assignment provided this relates to work not yet carried out. MITR shall, in such cases, receive compensation through a cancellation fee.

Premature Termination (with Intercultural Communication):

The Customer is entitled, without giving a reason, to terminate an Assignment provided this relates to work not yet carried out. MITR shall, in such cases, receive compensation for work carried out, verified costs including outlay to Consultants and for losses caused to the company due to the termination of an Assignment.

If an Assignment is terminated less than 14 days of notice, MITR has the right to charge 50 percent of the fee for services ordered. If an Assignment is terminated less than two (2) days prior to the confirmed date of execution, MITR has the right to charge the full fee for the services ordered.

Insolvency of a Client/Party:

Each of the Clientele/Parties is entitled to cancel the agreement if the other party is declared bankrupt, opens composition proceedings, goes into liquidation or can otherwise be assumed to have become insolvent.

Grounds for Exemption:

MITR is exempt from sanctions as a result of defaulting in the completion of certain obligations under this Agreement, if defaulting is due to a circumstance of the type specified below (“Circumstances for exemption”) and the circumstance prevents, or significantly impedes, the punctual completion thereof.

Circumstances for Exemption shall include, among others, measures or default by an authority, additional or altered legislation, illness or other impairment of working capacity, death, conflict on the labor market, blockade, fire, flood, loss or destruction of data or property of substantial importance or an accident of major proportions.

If MITR wishes to demand exemption in accordance with the stipulations above, the Consultant shall, without unreasonable delay, inform the Customer of this in order to be able to invoke the circumstance.

Irrespective of what is set forth above with regard to exemption from sanctions, MITR is entitled, under the specified circumstances, to cancel the Agreement if the completion of certain obligations has been delayed by more than three months.

Complaints and Statutory Limitation:

The Customer shall lodge in writing a complaint regarding breach of contract by MITR by, at the latest, 14 days after the breach of contract has been discovered or should have been discovered. If a complaint is not lodged at the right time and in the manner prescribed in the Agreement, the Customer will lose the right to invoke breach of contract.

The Customer’s right to assert a sanction will cease one month after the Assignment has been brought to completion or discontinued.