AGREEMENT FOR INTERNSHIP PLACEMENT SERVICE (B2C)
This Agreement is executed between Kamaway® (the provider) and the Participant/Trainee (the individual identified in the checkout/invoice, hereinafter the “Participant”) and governs the Internship Placement Intermediation Service (the “Service”). The execution of any payment (whether the Initial Fee, the Full Service fee, or any other amount) by the Participant constitutes full and irrevocable acceptance of all terms of this Agreement.
SECTION I: OBJECT, SCOPE, AND INCLUDED SERVICES
1.1 Nature and Scope of the Service: The Service consists exclusively of the intermediation and management for the placement of trainees through our network of verified partner companies and accommodation collaborators. This process commences upon payment of the Initial Fee, covering the application review and preliminary search effort. Kamaway® acts exclusively as an intermediary and is not an employer, temporary work agency, training provider, nor does it assume any employer-related obligations or responsibilities under any circumstances. Kamaway® does not guarantee placement in any specific company and does not operate outside its verified partner network.
1.2 Elements Included (Final Payment €435.00 VAT Incl.)
The Final Payment entitles the Participant to:
- Confirmed Internship Placement: Formalization of the placement agreement with the suitable host company from our network.
- Documentation support, including learning agreements, and certificates of attendance.
- Online coordination between school, student, and company before and during the mobility.
- Mediation and issue resolution between student and company during the stay.
- Standard support Monday to Friday (09:00–18:00 CET).
- Accommodation Reservation: Option to reserve housing through our trusted collaborators (subject to previous approval and availability).
- Pre-arrival coordination, including introductions and practical first-day guidelines.
- Advice on transport, leisure, and activities, providing guidance on local options and practical tips.
- FREE Discount Membership: 90 days access to the local deals platform. This benefit is provided on an “as-is” basis.
1.3 Exclusions (Non-Included Services)
The Service DOES NOT include:
- Custom Search Beyond Network: Personalized internship search outside our established partner network.
- Physical Accompaniment: On-site accompaniment or direct physical supervision (supervision is the sole responsibility of the Host Company’s tutor).
- External Accommodation Search: Accommodation search beyond our verified network.
- Emergency Support: 24/7 support outside standard operational hours (Mon-Fri, 09:00–18:00 CET), unless an optional service is purchased.
- Travel Logistics: Flight bookings, visa application management, insurance, or airport transfers.
- Teacher/Coordinator Assistance: Coordination or support for visits, documentation, or logistics related to the school.
- Teacher or Institutional Visits: The Service does NOT include the coordination of visits by teachers or institutional representatives. Any unauthorized visit is considered a breach of this Agreement.
1.4 Optional Local Support & Services (Add-ons)
The following services are managed through verified local partners and have an additional cost (VAT Inclusive Prices):
- Private Airport Transfer: €60 (up to 2 persons).
- 24/7 Emergency Line: €120 (up to 90 days). Limited to situations involving personal safety.
- On-Site Assistance: €60 (per hour).
1.5 Recommended Minimum Lead Time: To ensure optimal placement matching, the Client is strongly advised to submit applications at least 6 weeks prior to the intended internship start date. Kamaway reserves the right to accept applications submitted after this period, but success is not guaranteed.
SECTION II: FEES AND PAYMENT TERMS
2.1 Price and Structure: The total price for the Standard Service is €525.00 (including VAT), structured as follows:
- 2.1.1 Initial Fee: €90.00 (VAT Incl.) to cover application review and initial intermediation. This fee is NON-REFUNDABLE under any circumstance.
- 2.1.2 Final Payment: €435.00 (VAT Incl.) payable only upon Formal Acceptance of the candidate by a Host Company.
2.2 VAT Policy:
This Service is available to both individual Participants and companies, regardless of their country of residence or registration. The nature of this Service is strictly B2C, as it is provided directly to the Participant, even when the payment is executed by a company or institution. Accordingly, all fees under this Agreement are subject to Spanish VAT in accordance with the applicable regulations. The reverse charge mechanism (0% VAT) does not apply to this Service under any circumstance.
2.3 Placement Confirmation Deadline: Upon issuance of the Formal Acceptance (2.1.2), the Participant has a maximum of 3 calendar days to complete the Final Payment. If the Final Payment is not received within this period, the confirmed internship placement will be automatically cancelled. The Initial Fee remains non-refundable under all circumstances.
2.4 Execution by Conduct: The execution of the first payment by the Participant (whether it is the Initial Fee, a discounted fee, or the Full Service fee) constitutes full and irrevocable acceptance of all terms of this Agreement, regardless of whether a physical or digital signature is collected.
SECTION III: OBLIGATIONS AND NON-CIRCUMVENTION AGREEMENT
3.1 Exclusive Communication Channel: For all matters strictly related to the internship placement covered under this Service, the Participant must use Kamaway® as the exclusive communication channel with the Host Company.
3.2 Prohibition of Direct Intermediation: The Participant is prohibited from directly contacting the Host Company for negotiation, modification, or management of the placement, unless prior written authorization is granted by Kamaway®. Communication allowed by the Host Company exclusively for daily operational matters does not constitute a breach of this clause.
3.3 Mobility Duration, Attendance, and Validation Risk: The Participant acknowledges that the internship duration is determined by the start and end dates stated in the Learning Agreement. The Participant must attend the Host Company until the final date, regardless of whether the required training hours have been completed earlier, unless express written approval is granted by the Host Company tutor. The Participant understands that the Host Company may refuse to validate the internship if the Participant leaves before the agreed end date. Kamaway® assumes no liability for any academic consequences.
3.4 Conduct, Attendance, and Termination by Host Company: The Participant must comply with the Host Company’s code of conduct and schedules. Repeated unjustified absences or serious misconduct constitute grounds for immediate termination of the internship by the Host Company. In such cases, Kamaway’s obligations shall be deemed fully performed, and no refund shall apply.
3.5 Non-Circumvention (24-Month Protection): The Participant agrees not to attempt to arrange new placements directly with the Host Company introduced by Kamaway® during the internship period and for 24 months after completion of the Service.
3.6 Compensation for Direct Placement: If the Participant establishes a new internship or work arrangement directly with the Host Company within the 24-month period, a compensation fee of FOUR HUNDRED AND THIRTY-FIVE EUROS (€435.00) shall be payable to Kamaway®.
3.7 Contractual Penalty Clause: Any breach of clauses 3.1, 3.2, or 3.5 shall entitle Kamaway® to claim a fixed contractual penalty of ONE THOUSAND FIVE HUNDRED EUROS (€1,500.00). This penalty is without prejudice to Kamaway®’s right to claim additional compensation for demonstrable losses.
3.8 Minors, Legal Responsibility, and Absence of Guardianship: Kamaway® does not provide legal guardianship or parental supervision for minors. Full legal responsibility remains at all times with the sending institution or legal guardians. Kamaway® assumes no liability arising from the minor status of the Participant.
3.9 Accommodation Rules, Third-Party Authority, and Termination: Accommodation providers act as independent third parties. The Participant must comply with their rules. The provider reserves the right to terminate accommodation immediately for misconduct. Kamaway® assumes no responsibility for eviction or additional costs incurred. Termination of accommodation shall not entitle the Participant to any refund.
SECTION IV: CANCELLATION, REFUND POLICY, AND VALIDITY
4.1 Initial Fee: The Initial Fee of €90.00 (VAT included) is mandatory and non-refundable. This fee exclusively covers the administrative, verification, and coordination procedures carried out prior to presenting the Participant to a Host Company. Under no circumstances shall the Initial Fee be refunded, regardless of the outcome of the placement process.
4.2 Cancellation by Participant (Before Formal Acceptance): If the Participant withdraws the application before receiving a Formal Acceptance, the Initial Fee (€90.00) remains non-refundable, and no other payments or obligations shall apply.
4.3 Cancellation by Participant (After Formal Acceptance): If the Participant cancels the Service after a Formal Acceptance has been issued and the Final Payment of €435.00 (VAT included) has been executed, both the Initial Fee and the Final Payment are non-refundable, as they secure the confirmed placement and documentation process.
4.4 Cancellation by Kamaway® (Impossibility of Placement): If Kamaway® fails to secure a Confirmed Internship Placement within the mutually agreed timeframe (or 90 days), the Initial Fee (€90.00) remains non-refundable. No Final Payment will have been requested.
4.5 Cancellation by Kamaway® (After Final Payment): If Kamaway® must cancel the placement due to a failure solely attributable to Kamaway®, 100% of the Final Payment (€435.00 VAT included) will be refunded, while the Initial Fee (€90.00) remains non-refundable.
4.6 Replacement in Case of Host Company Cancellation: In the event that the Host Company cancels the placement after Final Payment has been made (€435.00 VAT included) but before the internship start date, Kamaway® will:
- Provide up to one replacement proposal within 4 weeks.
- If no suitable replacement is available, Kamaway® will refund the Final Payment (€435.00).
- The Initial Fee (€90.00) remains non-refundable.
4.7 Limit on Suitable Proposals: The Initial Fee (€90.00 VAT included) covers the presentation of up to three suitable proposals from Host Companies. Participants may reject any of these proposals; however, the Initial Fee does not cover additional proposals beyond this limit, and no refund of the Initial Fee will be issued.
SECTION V: GOVERNING LAW AND JURISDICTION
5.1 Applicable Law: These conditions shall be governed by the laws of the Kingdom of Spain.
5.2 Jurisdiction: For the resolution of any conflict arising out of or in connection with this Specific Agreement, the Parties agree to submit to the exclusive jurisdiction of the Spanish courts, waiving any other jurisdiction that may correspond to them.
5.3 Language of Interpretation: In the event of any discrepancy between different language versions of this Agreement, the English version shall prevail for interpretative purposes.