1.1 Internship in Mexico: ¨Internship in Mexico an Experience of a Lifetime SAS de C.V.¨ is a legal entity registered under the Mexican Law, as ¨Simplified Actions Company with Variable Capital¨ (Sociedad de Acciones Simplificadas S.A. DE C.V.), according to the legal act number: SAS-1.2-202011-357743, issued by the Economy Secretariat of Economy, represented by Jans Sunny, who will be function as the contractor, further mentioned as IIM.
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: Internship in Mexico 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 Internship program: The professional program, opportunity or position that the Student will be performing which was obtained by Internship in Mexico.
1.7 The Down Payment: an amount of €185 (incl. VAT) that the student must pay to Internship in Mexico before the assignment takes place.
1.8 T&C: The present terms and conditions.
2.1 Upon paying for any service of IIM, mentioned in Article 4.1, the Student agrees to the present T&C and grants his/her authorization to IIM, for the purposes of finding an Internship Programs in the territory of the United Mexican States (Mexico). The down payment also includes the access to The Student to the current Internship Programs that are offered by IIM.
2.2 For an additional down payment IIM could also asses the Student in the finding of accommodation in the location where the Internship Program is going to be developed.
2.3 IIM will not be responsible for the success in the election or performance of the Student in the Internship Programs selected by the Student.
3.1 The Student grants IIM the assignment, which assignment IIM 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 and another payment of the Student, IIM can also mediate in the context of the assignment in finding accommodation for the Student. The assignment starts when IIM has received the Down Payment from the Student.
3.2 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. The assignment expressly does not include the application for a visa by IIM on behalf of the Student. It is the Student’s responsibility to apply for a visa (in time) and if necessary. Within the framework of the assignment, IIM guides and advises the Student in the application for a visa. IIM is never liable to the Student in this case (and in accordance with the provisions of Article 4.4 of this agreement).
3.3 IIM 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. IIM has complied with its best-efforts obligation after an intake (by telephone or email) has taken place with the Student, IIM has made up a personal profile of the Student, and IIM has proposed at least one Internship position and up to three Internship positions to the Student at its own discretion. IIM is always obliged to make at least one proposal for an Internship to the Student.
3.4 If, as a result of its best-efforts obligation, IIM 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 and/or reject the proposal by telephone or by sending an e-mail to IIM and indicating that he / she accepts or rejects the proposal. If after the expiry period of sixty (60) days the Student has not accepted a proposal from IIM 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 4.4 under a. to e.
3.5 If the Student rejects up to a maximum of 3 appropriate proposals, IIM is no longer obliged to further present proposals to the Student as part of its best-efforts obligation.
3.6 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, the obligation of IIM as described in article 3.3 of this agreement will revive for a period of thirty (30) days. Parties can extend the term in consultation.
3.7 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, IIM is obliged to make a best-effort obligation with looking for a new Internship company as a matter of urgency and high priority. IIM has fulfilled its best-efforts obligation in this regard when IIM has submitted one (1) suitable proposal to the Student within thirty (30) days. If the student does not accept this proposal, the Student is not entitled to a refund of the mediation costs. Major changes include, but are not limited to:
- a. The bankruptcy of the Internship company;
- b. The Internship Company terminates the (internship) agreement.
- c. The Internship Company will move the location where the (internship) agreement is performed so far away that the (internship) agreement can no longer reasonably be executed, all this to be assessed by the sole discretion of IIM.
- Mediation costs
4.1 IIM and the Student agree on the following prices for the services the Student requires.
- A total amount of €369 (incl. VAT) for finding an internship, consisting of two payments, a Down Payment of €185 before the assignment takes place and a payment of €184 at the end of the search and after acceptance of the proposal made by IIM.
- A payment of €48 (incl. VAT) for finding an accommodation.
- An additional payment for when the Student decides to keep working in the Internship Company depending on the salary offered by the Internship Company of which the details can be found in article 4.6 of this agreement. IIM sends the Student a payment request in this regard by e-mail.
4.2 The assignment, as described in Article 3.1 of this agreement, starts after IIM has received the Down Payment of €185 (incl. VAT) on account number NL40 INGB 0748 8522 98 with BIC: INGBNL2A in the name of Sunny Jans, with the concept of Mexico and the name of said Student. It may also be transferred to the PayPal account of email@example.com. If IIM fails to find a suitable Internship Company, IIM will refund the Down Payment to the Student’s account number within a reasonable period.
4.3 If the Student accepts an internship proposal from IIM through the conclusion of an (internship) agreement, and the educational institution approves the Internship, the Student owes the agreed remaining payment to IIM. The Student is obliged to pay the remaining amount within seven (7) days after receiving the payment request by e-mail from IIM on the account number referred to in Article 4.2 of this agreement. If this is amount is not paid within the period established, IIM has the right to cancel the internship agreement.
4.4 IIM 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 IIM, to set off IIIM’s 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:
- a. The Student decides to accept an internship other than the internship proposed by IIM.
- b. The Student does not have a visa in time.
- c. The Student has insufficient study credits to start the internship.
- d. The Student, for whatever reason, is unable to travel to the Internship Company and begin the internship, including (but not limited to) Student’s health situation, war, full or partial mobilization, government regulations, fire, strikes, work interruptions, epidemics or pandemics, at least any other aspect beyond the influence of IIM.
- e. The Internship Company terminates the (internship) agreement, for whatever reason.
4.5 If the Student does not accept the proposal by IIM for an Internship, the Student will not owe the remaining 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.
4.6 In the event that the Internship Company offers a job position to the Student at the termination of the Internship Program, the Student agrees to pay to IIM an additional fee, which will depend upon the offered salary, according to the following:
- With a salary amount of ≥$10.000 MXN (gross) per month, the student pays a one-off additional fee of €100, – incl. VAT.
- With a salary amount of ≥$12.000 MXN (gross) per month, the student pays a one-off additional fee of €120, – incl. VAT.
- With a salary amount of ≥$15.000 MXN (gross) per month, the student pays a one-off additional fee of €150, – incl. VAT.
- With a salary amount of ≥$20.000 MXN (gross) per month, the student pays a one-off additional fee of €220, – incl. VAT.
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 IIM to the account number referred to in Article 4.2 of this agreement, unless IIM indicates otherwise. IIM will charge this amount (15) days after termination of the internship agreement.
5.1 The Student declares that he / she is aware of the fact that IIM only acts as a mediator and that IIM is not a contracting party to the (internship) agreement between the Internship Company and the Student, and that IIM is not a contracting party to the rental agreement between a landlord and the Student. IIM is therefore not responsible for the execution of the internship. In addition, IIM is not responsible for any defects in or to the accommodation.
5.2 Subject to provisions of mandatory law and reasonableness and fairness, IIM 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 IIM is, despite the above, still liable to the Student, the obligation to pay compensation is at all times limited to € 2,500.
5.3 IIM 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 IIM against any liability in that regard.
5.4 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, IIM is in no way liable for any direct or consequential damage that the Student suffers as a result.
5.5 IIM 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, IIM is not liable for damage incurred by the Student in and around the accommodation.
5.6 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.
6.1 IIM is at all times entitled to terminate the agreement and to discontinue the services, without any liability for damage. The Student is entitled to terminate the agreement at any moment, without being entitled to claim for damages or the refund of the made payments.
- Photos and publication
7.1 IIM can request the Student to share photos of their internship experience, with IIM. Furthermore, IIM can request the Student to cooperate in writing an article for commercial purposes. If the Student complies with such a request from IIM, IIM 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.
8.1 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 IIM.
8.2 The Student is also not allowed to conclude any agreement with the Internship Company without the previous notification to IIM to the following email address: firstname.lastname@example.org which must have the confirmation of receipt by IIM in the lapse of 7 working days (according to the Mexican Labor Law).
8.3 If the Student acts in violation of the provisions of Article 8.1, 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 IIM’s right to claim compensation from the Student for damage that IIM suffers as a result of the Student violating article 8.1 and 8.2 of this agreement.
- Jurisdiction and Applicable Law
9.1 Parties agree that the present T&C will be governed by the applicable laws and Competent Courts of the State of Jalisco in the territory of the United Mexican States (México).
9.2 In case of any controversy, parties will try to find an amicable solution guided by the principles of good faith. In case that the parties are not able to find any solution they shall summit the controversy to an authorized mediation centre in Guadalajara, Jalisco, in terms of the Alternative Justice Act of the State of Jalisco (Ley de Justicia Alternativa del Estado de Jalisco). Only in the case that parties have deplete the said instances, they will be entitled to suit before the Competent Courts of the State of Jalisco in the Territory of the United Mexican States (Mexico).