Agreement
(fac-simile)nnex 1 b model PLACEMENT AGREEMENT
for an Erasmus student placementUnder the Lifelong Learning ProgrammeThe contract
must be signed before by the student and then by the Institution (or
by both together)[full official name of the sending institution][official
address in full]called hereafter "the institution",
represented for the purposes of signature of this agreement by
[name, forename and function]of the one part, and[Mr/Mrs name and forename][official
address in full]called hereafter 00he beneficiary00/b> of the
other part,HAVE AGREEDthe Conditions
and Annexes below:Annex I Training Agreement and Quality Commitment
for Erasmus student placementsAnnex
II General conditionswhich form an integral
part of this agreement ("the agreement").
CONDITIONSARTICLE 1 00PURPOSE OF THE GRANT1.1 The institution
will provide Community financial support to the beneficiary for undertaking
a Placement under the Erasmus programme of the Lifelong Learning Programme.
1.2 The beneficiary accepts the grant and undertakes to carry out the
Placement as described in Annex I, acting on his/her own responsibility.1.3 The
beneficiary hereby declares to have taken note of and accepted the terms
and conditions set out in the present agreement. Any amendment or supplement
to the agreement shall be done in writing.ARTICLE 2 - DURATION2.1 The
agreement shall enter into force on the date when the last of the two
parties signs.2.2 The Placement shall start on [..date..] at the earliest
and end on [..date..] at the latest.
ARTICLE 3 - FINANCING THE PLACEMENT3.1 The Community grant to
co-finance the Placement has a maximum amount of EUR [003.2 The final
amount of the grant shall be determined by multiplying the actual duration
of the Placement in months by a rate of EUR [00 per month. The beneficiary
must provide proof of the actual dates of start and end of the Placement.ARTICLE
4 00PAYMENT ARRANGEMENTS4.1 Within 45 days of the date of entry
into force of the agreement, a pre-financing payment of EUR [00 shall
be made to the beneficiary, representing 80% of the maximum grant amount.4.2 The
final report will be considered as the beneficiary's request for payment
of the balance of the grant. The institution shall have 45 calendar
days to make the balance payment.ARTICLE 5
00FINAL REPORTThe beneficiary shall submit the final report using
the official forms at the latest 30 days after the end of the Placement.ARTICLE
6 - BANK ACCOUNTPayments shall be made to the beneficiary's bank
account as indicated below:Name of bank: [00 Address of branch: [00Precise
denomination of the account holder: [00 Full account number (including
bank codes): [00ARTICLE 7 00LAW APPLICABLE AND COMPETENT COURTThe
grant is governed by the terms of the agreement, the Community rules
applicable and, on a subsidiary basis, by the law of [..country of the
institution...] relating to grants. The beneficiary may bring legal
proceedings regarding decisions by the institution concerning the application
of the provisions of the agreement and the arrangements for implementing
it before the competent Court in accordance with the applicable national
law.SIGNATURESFor the beneficiary For the institution[name / forename] [name
/ forename / function][signature] [signature]Done at [place], [date] Done
at [place], [date]
Annex ITraining Agreement
and Quality Commitment for Erasmus student placements
Annex II
(Placement
contract)
GENERAL CONDITIONS
Article 1: Liability
Each party
of this agreement shall exonerate the other from any civil liability
for damages suffered by him or his staff as a result of performance
of this agreement, provided such damages are not the result of serious
and deliberate misconduct on the part of the other party or his staff.
The National
Agency of [..country..], the European Commission or their staff shall
not be held liable in the event of a claim under the agreement relating
to any damage caused during the execution of the placement. Consequently,
the National Agency of [..country..] or the European Commission shall
not entertain any request for indemnity of reimbursement accompanying
such claim.
Article 2: Termination of
the agreement
In the event
of failure by the beneficiary to perform any of the obligations arising
from the agreement, and regardless of the consequences provided for
under the applicable law, the institution is legally entitled to terminate
or cancel the agreement without any further legal formality where no
action is taken by the beneficiary within one month of receiving notification
by registered letter.
If the beneficiary terminates
the agreement before its agreementual end or if he/she fails to follow
the agreement in accordance with the rules, he/she will have to refund
the amount of the grant already paid.
In case of
termination by the beneficiary due to "force majeure", i.e.
an unforeseeable exceptional situation or event beyond the beneficiary's
control and not attributable to error or negligence on his/her part,
the beneficiary will be entitled to receive the amount of the grant
corresponding to the actual time of the placement. Any remaining funds
will have to be refunded.
Article 3: Data Protection
All personal
data contained in the agreement shall be processed in accordance with
Regulation (EC) No 45/2001 of the European Parliament and of the Council
on the protection of individuals with regard to the processing of personal
data by the Community institutions and bodies and on the free movement
of such data. Such data shall be processed solely in connection with
the implementation and follow-up of the agreement by the sending institution,
the National Agency and the European Commission, without prejudice to
the possibility of passing the data to the bodies responsible for inspection
and audit in accordance with Community legislation (Court of Auditors
or European Antifraud Office (OLAF)).
The beneficiary
may, on written request, gain access to his personal data and correct
any information that is inaccurate or incomplete. He/she should address
any questions regarding the processing of his/her personal data to the
sending institution and/or the National Agency. The participant may
lodge a complaint against the processing of his personal data with the
[national supervising body for data protection] with regard to the use
of these data by the sending institution, the National Agency, or to
the European Data Protection Supervisor with regard to the use of the
data by the European Commission.
Article 4: Checks and Audits
The parties of the agreement undertake to provide any detailed information requested by the European Commission, the National Agency of [..country..] or by any other outside body authorised by the European Commission or the National Agency of [..country..] to check that the Placement and the provisions of the agreement are being properly implemented.
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