On the hereafter stated day, month and year:
(Hereinafter referred to as the “Mandator“of the one part)
Central Europe University Alliance (CEUA)
Represented by: PhDr. Marcel Chládek, MBA, MSc., Director General
(Hereinafter referred to as the "Mandatary" of the other part)
agree to conclude pursuant to Section 2430 et. seq. of Act No. 89/2012 Coll. of the Czech Republic and the complementary and amending rules thereof
CONTRACT OF MANDATE
Subject of the Contract of mandate
- Through the Contract of mandate, the Mandatary obliges himself to the Mandator to procure for him the under-mentioned matters on behalf of the Mandator and the Mandator undertakes to pay the Mandatory the agreed remuneration.
- The procurement of the Mandator’s matters shall include in particular the following activities:
- Methodological, pedagogical, personnel and organizational assistance to higher education organisations in gaining study programmes accreditations, including institutional accreditations in national, European and global scales.
- Intermediation of the holding of scientific-research grants according to the professional profile of study programmes of individual interested higher education institutions.
- Providing an assistance in implementing and improving the management systems and quality provision systems at higher education institutions and universities. Once these systems have been verified in practise, they can be certified according to the European or world standards.
- Coordinating publication activities of teachers and researchers at higher education institutions and other research centers. The possibility to organize the process of opposition procedures, specialized articles and essays and their subsequent publishing in the specialized sources with current content. For those whom it may interest –publishing monographs and specialized books according to the needs of the authors and academic institutions abroad.
- Organizing the professional practise of students within their university teaching in CEUA partner companies. In this context, to intermediate the exchanges of students between partner schools within the European Credit System.
- Organizing internships and study trips for partner schools’ teachers and academic officials within their career development, with an emphasis on gaining their foreign experiences.
- Conducting advisory and consulting activities for partner universities in the implementation of common study programmes as a response to state regulatory interventions and the marketing of education.
- Holding scientific and theoretical conferences, workshops, transfer of the “best practise“ and other events in issues of common interest of partner universities and higher education institutions.
- Operating a platform for an electronic education joint system as a complement of university education, the development of electronic teaching courses and operating portals and networks for teachers, academic scholars, managers and officials of interested schools and collaborating enterprises, organisations and institutions.
- Supporting and coordinating the activities of higher educational institutions and universities in the field of further vocational and interest education as much as possible. If needed, providing an assistance to the schools in gaining respective national and international accreditations and certifications.
- These matters referred to in Article I., (2) of the Contract are developed for the Mandator always based on separate orders, in which the requested activity and remuneration for the Mandatary is specified.
The method of procuring the legal matters
- The Mandatary undertakes to procure the Mandator’s matters honestly and carefully according to his abilities, properly and in time, upon written or oral Mandator’s requests.
- The Mandatary undertakes to develop all its activities so that the Mandator’s will and orders are fulfilled in time, its legitimate interests are protected and its rights are enforced and its instructions are observed.
- The Mandatary undertakes to get the Mandator acquainted with its procedure and legal reasons which have lead him for his/her way of procuring the legal matters.
- The Mandatary is entitled to refuse Mandator’s orders or instructions only if they are contrary to legal regulations and morals. The Mandatary may deviate from the Mandator’s instructions, as far as it is necessary in the interest of the Mandator and the Mandatary cannot obtain the Mandator’s consent in time. In the event the Mandatary obtains an instruction which is apparently incorrect, he shall notify the Mandator thereof.
- Upon Mandator’s written request, the Mandatary shall report on the procedure of procuring the legal matters.
- The Mandator undertakes to provide all necessary documents and assistance so that the Mandatary can procure the Mandator’s legal matters properly.
- The Mandator acknowledges that the Mandatary may use also another employee in the procurement of the Mandator’s matters. The Mandatary shall be responsible for their activities as if he carried out the activity himself.
- At the same time, the Mandator shall grant the power of attorney to the Mandatary based on a special deed.
- The Parties agree on this contractual remuneration for the Mandatary amounting to CZK 2,000 plus VAT per month (or an adequate amount in Euros according to the current exchange rate on the date in which the contract is signed).
The Mandatary shall provide the following services within this remuneration:
- Consulting activities of 2 hours per month for each partner entity,
- Publishing the Mandator’s offer at ceua.eu, including marketing support for this offer.
- The Mandatary shall be entitled to:
- Reimbursement of costs related to the procurement of legal matters for the benefit of the Mandator, in particular the payment of court fees in the form of stamps or direct payment of local or administrative fees. In the event the Mandatary pays on behalf of the Mandator other payments, e.g. invoices for translations of legal documents into a foreign language or expert opinions and statements, the Mandatary shall invoice these payments to the Mandator along with the invoice for the procurement of legal matters. Upon the Mandator’s request, the Mandatary shall submit n invitation or another document to the Mandator, on the basis of which the payment was made.
- Reimbursement of travelling costs according to the valid legal regulations on travel reimbursement and according to actual costs incurred; the Mandatary shall be entitled to use his car in order to procure the Mandator’s matters,
- The Mandator acknowledges that the Mandatary is entitled to charge the procurement of Mandator’s matters and the Mandator is obliged to pay, even if the result has not been achieved.
Paying and accounting for services
- The Mandator undertakes to pay the Mandatary’s remuneration pursuant to Article III (1) of this Contract within 5 days from signing this Contract, by transfer to the account specified in the header of this Contract. In the event the advance payment is not put down to the account or in cash even within 10 days from singing the contract, the Mandatary shall not be obliged to procure a legal matter for the Mandator within the scope of this Contract until the payment is made, except cases that cannot be delayed.
- Remuneration maturity: (pursuant to Article III, (1) (a) of the Contract)
The remuneration as well as the payments will be accounted for after the completion of each individual case of the procurement of Mandator’s matters by sending an invoice to the Mandator. The statement of accounts will include the method of calculating the remuneration for the procurement of the Mandator’s matters and specify the matters in which assistance was provided or the procurement of the Mandator’s matters was performed.
- The invoice will be due within 14 days after it has been issued and the Mandator agrees that it can be sent to the Mandator by the Mandatary by electronic mail.
Termination of the mandate
- The Mandator may withdraw from this Contract at any time. However, the Mandator shall pay to the Mandatary its remuneration for the procurement of legal matters, cash expenses and compensation for the lost time of the Mandatary, upon an invoice issued by the Mandatary.
- The Mandatary may withdraw from the Contract only if:
- There is a breach of trust between the Mandatary and the Mandator,
- The Mandator does not provide the necessary assistance longer than 10 days,
- The Mandator has not paid an advanced payment within 10 days from executing this Contract or an invoice within ten days after the invoice was due.
- The Mandatary shall be obliged to withdraw from the Contract always if he learns additionally that he has already procured legal matters for someone else, whose interests are in contradiction with the Mandator’s interests.
- The Mandatory shall, within one month from the day on which the Contract was terminated, take any immediate actions so that the Mandator does not suffer any damage because of the withdrawing of the Contract.
- Upon the procurement of legal matters, the Mandatary hands over to the Mandator the documentation the Mandatary has accepted within thirty days. In addition, he hands him over also the decision of public authorities in the matter.
- The validity and effectiveness of the Contract terminates also by performing of all acts which form the subject matter of the agreed assistance.
Liability for damage
- The Mandatary shall be liable to the Mandator for the damage he has caused in the connection with the procurement of Mandator’s matters, pursuant to Section 2950, Act No. 89/2012 Coll of the Czech Republic.
- The Mandatary may discharge himself from liability if he proves that the damage could not have been avoided even with any effort made that might be reasonably demanded from him.
- This Contract is concluded for an indefinite period of time, unless expressly stipulated otherwise.
- In the other issues, this Contract shall be governed by Act 9/2012 Coll., the Commercial Code of the Czech Republic. This Contract has been drawn up in two counterparts; each Party shall obtain one counterpart.
- This Contract may be amended and supplemented only with the consent f both Parties, in in written form.
This Contract has been negotiated according to the sole and genuine will of the Parties. In witness whereof, they append their own signatures hereunto.
In on In on
The Mandatary The Mandator