MEDIATION SERVICE CONTRACT
concluded on _________, in _________ by and between the following Contracting Parties:
1. “INFINITUM GLOBAL DOO MLADENOVO” with its registered office in Mladenovo, Bačka Palanka Municipality, at Miloša Obilića no. 41, register number: 21580309, TIN: 111951787, whose legal representative is the director Nemanja Nedimović (hereinafter: Intermediary) and
2. ____________________________, UMCN: ________________________ whose legal representative is ________________________, both residing at ______________, at ________________________ (hereinafter: Principal)
under the following conditions:
Parties and persons to the contract
The Principal is a natural person who has engaged the Intermediary in finding a Third Party who is willing to offer him certain conditions for playing sports abroad.
The Intermediary is a Contracting Party whose obligation is to advise, direct and provide operational assistance to the Principal in an effort to find a Third Party who would offer them certain conditions for playing sports abroad. The Intermediary does not organize student exchange programs. Advice provided by the Intermediary does not include extracurricular activities that support educational processes or systems.
A third party in accordance with this contract may be any sports institution from abroad, a coach, a member of the professional staff or any other person who is engaged in activities close to the work of a coach or represents in any way an institution with which the Principal has been brought into contact through the Intermediary, with which the Principal is familiar, and which they confirm by signing this contract.
Obligations of the Principal
- to submit to the Intermediary a video record of their sports potentials;
- to submit in writing to the Intermediary true data on their sports successes, if any;
- to provide true information to the Intermediary about their life circumstances, in order to provide an assessment of the risk of obtaining a visa;
- to submit in writing to the Intermediary truthful information about their health condition and possible bodily injuries that exist at the time of signing this contract or that occur after signing this contract, and before receiving the offer from the Third Party, as well as about all circumstances that are important for the fulfillment of the obligation by the Intermediary;
- to submit in writing to the Intermediary information on possible cooperation with another legal entity engaged in the same or similar activity as the Intermediary;
- to bear the travel costs, medical examinations, insurance costs, as well as other possible costs incurred in connection with or in connection with this contract, i.e. the service provided by the Intermediary;
- to provide health insurance for themselves with an insurance company of their choice, which will be valid for the duration of the legal transaction in question, until the offer is received from the Third Party;
- to pay the Intermediary a fee in the agreed amount and in the agreed manner;
Obligations of the Intermediary
- to measure the height, weight and other physical predispositions of the Principal;
- to orally present to the Principal his assessment of the risk of obtaining a visa after the Principal submits to the Intermediary all the documents and information referred to in Item 2 of this Contract, noting that this assessment represents the free opinion of the Intermediary based on previous work experience on cases similar to the one in question, which does not create any obligation, nor does it represent information that provides any kind of guarantee in relation to the Principal or the Intermediary;
- to act conscientiously and with the care of a good businessman in the performance of their activity;
- to take all actions to try to connect the Principal and one or more Third Parties;
- to verbally inform the Principal on all relevant issues;
- to credibly communicate to the Principal all relevant information regarding the received bid by the Third Party;
- to notify the Principal as soon as possible if he is unable to bring him into contact with the Third Party;
Proceedings with regard to received bids by Third Parties
The Intermediary shall present to the Principal all bids obtained from third parties, after the payment of the entire agreed intermediary fee, so that the Principal can achieve the goals defined in this contract with the Third Party as soon as possible, and the Principal shall independently make a decision on the selection of the Third Party.
The Principal hereby confirms that they are aware of the fact that the process of signing the contract between the Third Party and the Principal, and after receiving the offer by the Third Party, is conducted without the active participation of the Intermediary, and the outcome thereof depends solely on the actions of the Principal, their personal potentials and the fulfillment of the set conditions by the Third Party, which the Intermediary cannot in any way influence or be held responsible for.
Compensation of the Intermediary
The intermediary’s remuneration for the legal transaction in question is RSD ______, and it shall be paid as follows:
- in the amount of _______, the Principal shall pay to the Intermediary a deposit for the promotional consulting fee, no later than 24 hours from the moment of conclusion of this Contract. In the event that the Principal misses the specified payment deadline, the contract in question shall not produce legal effect;
- proof that an order for payment of the remaining amount of the promotional consulting fee has been given to the appropriate bank, in the amount of _______, the Principal shall submit to the Intermediary within 24 hours from the invitation of the Intermediary to do so, i.e. from the receipt of a notice that a Third Party has been found that is willing to offer the Principal certain conditions for playing sports abroad.
The Principal confirms that he conducted a video conference with the Intermediary, which was recorded, for which they gave irrevocable permission, in which they clearly and unambiguously defined their financial conditions.
Upon receipt of the deposit, the Intermediary shall commence actions in order to fulfill its obligation assumed by this Agreement in the name and on behalf of the Principal.
After the Intermediary finds a Third Party that meets the financial conditions, previously defined by the Principal, the Intermediary shall inform the Principal thereof.
In the event that the Intermediary comes into contact with a third party, which by its quality puts the Intermediary in a position to present an offer to the Principal, although it does not correspond to the financial conditions previously defined by the Principal, he has the right to present the financial conditions to the Principal, with the discretion of the Principal to refuse or accept this. The Intermediary may not present such an offer to the Principal, in the event that they have not found any offer that fully meets the previously defined financial conditions by the Principal.
After finding the Third Parties, within the framework defined by this item of the Contract, the Intermediary shall submit to the Principal, the explained financial conditions that the Third Party is ready to offer to the Principal at the given moment. Note, prior to the payment of the remaining amount of the promotional consulting fee defined in item 5 of this Agreement, the Intermediary shall not present to the Principal the identification data on the Third Party, nor connect the two.
Immediately after the payment of the amount of the promotional consulting fee defined in item 5 of this contract, the Intermediary shall connect the Principal with the Third Party, which is ready to offer to the Principal the previously stated explained financial conditions.
The Intermediary hereby declares that they will not claim the compensation described in Item 5 of the Contract, in the event that they do not find a Third Party that would submit to the Principal an offer to play sports abroad.
The intermediary shall not be liable if the Principal does not obtain a visa from the country in which they decided to play sports (force majeure).
The Intermediary has no financial obligations to the Principal.
The Intermediary is not a representative or agent of a sports organization, but a legal entity that has the necessary knowledge, human and material resources in the field of this type of Intermediation and advisory services, which are defined in this Contract.
The Principal confirms that they are aware of the fact that the digital history of presentations and communications from e-mail, Skype, WhatsApp, Viber or other applications confirms the fact that the Principal communicated with end users during the period of validity of this Contract, and that it is unambiguous evidence that the Intermediary has fulfilled their obligations provided for in this Contract.
The Intermediary shall not be liable for any consequences suffered by the Principal, in the event that it turns out that the information provided to the Intermediary by the Principal, and specified in Item 2, is incorrect.
The Intermediary shall not be liable in any way for the subsequently achieved or unfulfilled successes of the Principal, regardless of the circumstances that led to them or did not lead to them. They depend exclusively on the Principal, which they confirm by their signature on this contract.
The Principal explicitly confirms that they are aware of the fact that it is their personal responsibility and obligation to comply with all the rules and instructions they receive from the Third Party in connection with the received offer, and that the Intermediary does not bear any responsibility in the event that the Principal fails to fulfill any of these obligations and thereby causes themselves or third parties some form of material or non-material damage.
In the event that the Principal attempts to change the terms and conditions received from the Third Party through the Intermediary, the Intermediary shall not be liable for any form of damage suffered by the Principal, according to the fact that it does not participate in the aforementioned negotiations on the terms and conditions for the conclusion of the contract between the Principal and the Third Party, nor any negotiations related to the further operation of the Principal and the Third Party, nor even in the event that the aforementioned leads to the withdrawal of the bid by the Third Party.
The Principal shall be liable for any material or non-material damage caused to the Intermediary by providing incorrect information provided for in Item 2 or in breach of any provision of this Contract.
If it turns out that at the time of signing this contract or after signing this contract, and before receiving the offer by the Third Party, there was or there was some physical injury or mental disturbance, for which the Principal did not provide the necessary notifications to the Intermediary, the Intermediary has the right to terminate the contract in question without any consequences and demand from the Principal the payment of all damages and costs incurred in connection with and in connection with the fulfillment of his obligation under this contract, as well as all possible repaired non-material damage in the form of damage to honor and reputation incurred during the cooperation of the Mediator and Third Parties, due to the presentation of incorrect facts previously obtained by the Principal. All this within 24 hours from the moment of the Intermediary’s knowledge of the fact that the information obtained is not accurate.
Consent of the Principal to the use of their personal data
The Principal gives explicit consent to the processing of their personal data and undertakes to submit a copy of their valid personal document at the time of signing the contract in question.
By signing this Agreement, the Principal irrevocably and unconditionally authorizes the Intermediary and Third Parties selected by the Intermediary, and agrees that the Intermediary, in accordance with the provisions of the Law on Personal Data Protection:
- They have the right to submit all necessary information and data relating to the Principal (name and surname, date of birth, address, UMCN, ID card and/or passport number, contact telephone, e-mail address) and their business relationship with the Intermediary to: all legal and natural persons who are in a business relationship with the Intermediary, as well as to persons to whom they are obliged by law to submit data.
- They may process data in accordance with Article 3 of the said Law in order to realize the business relationship and in connection with the business relationship of the Principal and the Intermediary, in order to fulfill the obligations of the Intermediary in accordance with the regulations and for the purposes and in the manner that the Principal considers necessary and/or expedient in the performance of their activity.
- They may process the data of the Principal and use them for marketing purposes, both the marketing purposes of the Principal and their own, even after the end of the business relationship in question. In this regard, the Principal gives their irrevocable consent that the Intermediary may use all their data, images and other types of media, as well as data related to their business relationship, and the data they receive about the successes of the Principal after the end of their business relationship and points them out without special approval of the Intermediary on their social networks, media, websites, i.e. social networks, media and websites of natural and legal persons with whom they have a business relationship, as long as they wish to do so.
The Principal confirms that at the time of signing this Contract, they do not have any knowledge of the manner in which the Intermediary performs their activity, about the contacts and business partners of the Intermediary, or any other information related to the operations of the Intermediary, and therefore it will be considered that the Principal has acquired all of the above, as well as any other information related to the activity of the Intermediary, after signing this Contract, or in connection with this Contract, and irrevocably confirms that they are aware of the fact that all the above information is a business secret of the Intermediary and that its transfer to third parties may cause damage to the Intermediary. Accordingly, the Contracting Parties expressly agree that the Principal has the obligation to keep all facts and contacts obtained through the Intermediary during the validity of this Contract, as well as all elements of the Contract in question, especially with regard to the amount of the Intermediary’s fee.
In the event of a breach of this provision of the contract, the Principal shall pay the Intermediary liquidated damages in the amount of $5,000 (five thousand dollars) for each case of breach of this obligation, without any delay, and upon the invitation of the Intermediary to do so. In the event that the damage suffered by the Intermediary in this way exceeds the amount of $5,000 (five thousand dollars), the Principal shall indemnify the Intermediary in full, i.e. beyond the aforementioned amount.
The Contracting Parties expressly agree that the Principal has the obligation to keep a trade secret during the term of this Contract, and even after its completion, as long as the data that constitutes a trade secret is kept confidential, and for a maximum period of 3 (three) years counting from the date of termination or completion of the Contract, and that this obligation implies that the Principal is prohibited from transmitting information that constitutes a trade secret to any person, under any conditions and in any way.
The Principal undertakes that, both during the term of this Agreement and after its termination, they will not use, disclose, directly or indirectly, any confidential information that constitutes a trade secret in this Contract, unless he is authorized directly by the Intermediary to do so or if he is not obliged by law to do so, and in particular undertakes the following:
- to keep trade secrets, i.e. all confidential information in secret and take reasonable precautions to prevent unauthorized disclosure of confidential information;
- not to disclose (or allow access to) confidential information to third parties without the prior written authorization of the Principal;
- not to use any confidential information, i.e. trade secrets, for purposes other than those related to the contractual relationship with the Intermediary.
The Principal shall not be entitled to establish any contact with the Third Party with whom the Intermediary has brought them into contact without the express written consent of the Intermediary, and if they do so, they accept as their responsibility all negative consequences arising from the above, for a period of five years after the termination of this Contract.
Transitional and Final Provisions
Either Contracting Party may unilaterally terminate the Contract in writing, with a notice period of not less than 14 days.
In the event of termination of the contract by the Principal, after obtaining the substantiated financial conditions that the Third Party is willing to offer to the Principal, the Principal undertakes to pay the Intermediary the fees defined in this contract in full.
For everything that is not regulated by this Contract, the Law on Contracts and Torts, as well as other positive legal regulations of the Republic of Serbia, shall apply.
In the event of a dispute, the Contracting Parties shall try to resolve it amicably, otherwise, they shall agree on the jurisdiction of the competent court in Novi Sad.
This Contract is made in three (3) identical copies, two (2) of which are retained by the Intermediary and one (1) by the Principal.
This Contract has been read, understood and signed by the Contracting Parties as a sign of adoption, without objections.