Unless specific Terms and Conditions have been agreed between Movenet and Party, the below General Terms and Conditions apply.
GENERAL TERMS AND CONDITIONS OF ASSIGNMENTS
Movenet shall carry out the work specified in the Assignment 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 parties.
Customer shall also include, where appropriate, person(s) associated with the Customer and comprehended by the Assignment.
THE EXECUTION OF THE ASSIGNMENT
Movenet 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 Movenet access to the information and supporting data required for the execution of the Assignment and in other respects carry out the agreed measures.
Movenet 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.
Movenet is entitled to compensation for work carried out and charged by a Consultant, as though the work had been carried out by Movenet itself.
Movenet 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 Movenet for the execution of the Assignment is set forth in the Assignment Agreement.
If the parties have agreed to change the Assignment, Movenet 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 Movenet has not brought about through error or negligence. Such extra work shall be charged by Movenet 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 Movenet, Movenet will be entitled to request further compensation for these costs from the Customer including commercial surcharges.
PAYMENT
The remuneration paid to Movenet shall be rendered in accordance with the payment plan specified in the Assignment Agreement. If such agreement has not been reached, Movenet 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, Movenet will be entitled to penalty interest pursuant to the Interest Act. In this connection, Movenet 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 Movenet to continue.
If the Customer delays payment by more than 30 days after Movenet has called upon the Customer to pay a due sum, Movenet may, through written communication with the Customer, terminate the Agreement with immediate effect and discontinue the Assignment.
THE 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.
Movenet is only responsible for damage to the Customer’s property caused via the negligence of Movenet or Movenet’s staff; the amount of damages is limited in accordance with information below. Movenet 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 REGARDING RELOCATION MANAGEMENT
Movenet shall have freedom of liability regarding third parties. Vendor is providing the services as an independent contractor. Movenet shall have no direction or control of Vendor or of Vendor’s employees or agents, except in the result to be obtained.
PROCUREMENT OF HOUSING
Movenet is not responsible for either the inspection of housing or its maintenance. In cases where Movenet has assisted during the inspection, looking over or checking of the dwelling prior to occupation, Movenet’s responsibility is limited to what is directly set forth in written records which Movenet has drawn up and which have been signed by both the Landlord and the Customer.
If the Customer has not settled the rent or other financial reimbursement, and Movenet, for whatever reason, has settled the sum vis-à-vis the Landlord, Movenet will be entitled to reclaim rendered sums from the Customer. This stipulation also applies to damages or other costs resulting from damage, wear, theft or other form of damage which has encumbered or impacted upon the Landlord as a consequence of the Customer’s use of the dwelling.
PERMISSION OF OR DECISION BY AN AUTHORITY
Movenet 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. Movenet 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.
PREMATURE TERMINATION
The Customer is entitled, without giving a reason, to terminate an Assignment provided this relates to work not yet carried out. Movenet 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.
PREMATURE TERMINATION REGARDING INTERCULTURAL COMMUNICATION
The Customer is entitled, without giving a reason, to terminate an Assignment provided this relates to work not yet carried out. Movenet 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, Movenet 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, Movenet has the right to charge the full fee for the services ordered.
PREMATURE TERMINATION REGARDING HOME SEARCH SERVICES
The Customer is entitled, without giving a reason, to terminate an Assignment provided this relates to work not yet carried out. Movenet shall, in such cases, receive compensation through a cancellation fee.
INSOLVENCY OF A PARTY
Each of the 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
Movenet 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 Movenet 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, Movenet 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 LIMITATIONS
The Customer shall lodge in writing a complaint regarding breach of contract by Movenet 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.
MOVENET MOBILE WORKFORCE PLATFORM
The Client and the Client employees that are receiving services from Movenet within the scope of an Agreement may be granted access to Movenet Mobile Workforce Platform, the Movenet 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 / 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 Movenet. 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 Movenet may ask the user of the system to confirm shall apply. Movenet 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 Movenet is providing services for the Client. Movenet may however restrict access or cancel the access for the Client and the Client employees at Movenet own discretion.