Leaving Internship Early Penalties
Summary
If you resign before the end of the Duration of Services, Andersen can require payment of the full remuneration. If the relationship is terminated prematurely due to your fault, you may also be liable for the remuneration. Discuss your concerns with HR or seek legal advice before making a decision. The contract does not specify conditions for not wanting to work on a specific project, so discussing reassignment with HR is advisable.Full Conversation
I have an educational contract with the company. I'm on an internship now but I don't like the project and want to leave.
Hello ****, it's crucial to review your educational contract. It likely contains clauses about termination.
- Check for any penalties or restrictions associated with leaving the internship early.
- Consider discussing your concerns with the company's HR department.
Always ensure you comply with the terms of your contract to avoid legal complications.
- Check for any penalties or restrictions associated with leaving the internship early.
- Consider discussing your concerns with the company's HR department.
Always ensure you comply with the terms of your contract to avoid legal complications.
AGREEMENT FOR PROVISION OF
EDUCATIONAL SERVICES
(hereinafter: “Agreement”)
concluded on *.*.* in Warsaw between
Andersen sp. z o.o. with its registered office in
Warsaw, address: Rondo Organizacji Narodów
Zjednoczonych * /XXV P. *-* Warsaw, KRS:
*, NIP: *, REGON: *,
represented by: Nastassia Khatsko – Junior Personnel
Officer (Proxy), hereinafter: “Andersen”,
and
**** Kudrautsava, address: Warsaw, al. KEN *, *
(hereinafter: “Client”),
jointly referred to as “Parties” or alone “Party”.
[PREAMBLE]
This Agreement is concluded in order to stipulate the
terms and conditions of providing the Client with
educational and training services, mainly in areas of
technology and IT, by Andersen (hereinafter:
“Services”). The Services shall be connected with
theoretical and practical activities, opportunity to
understand the inner workings of a company from IT
industry and possibilities to test one’s knowledge and
skills. The experience the Client will gain due to
provision of Services on their behalf could increase their
competences, which may lead to the fact that the Client
will become a more desirable candidate for an employee
within the broad IT industry, both in Poland and abroad.
§ *
[GENERAL PRINCIPLES OF THE
AGREEMENT]
*. Upon conclusion of the Agreement, Andersen will
be obliged to provide the Services to the Client in a
date or dates agreed upon by Andersen.
*. The Parties are obliged to cooperate in order to
ensure that Services are provided smoothly and
without difficulties. For that reason, each Party is
obliged to communicate with each other and, if
needed, raise concerns, complaints, or objections
regarding rights and duties of the other Party.
*. The Services shall be provided to the Client from
*.*.* to *.*.*. The Duration of Services
means the number of days of the Services provided.
The Duration of Services may be reduced unilaterally
by Andersen with a *-day notice period.
*. The Services shall be provided for * (eight) hours per
day (hereinafter: “Training Day”).
*. Andersen for important reasons has the right to
change the conditions set out in point * above, of
which Andersen will immediately notify the Client.
*. For purposes of realization of the Agreement and
provision of Services, the Client indicates their
contact details:
Phone number: +48571070589E-mail address: julia.one.such@gmail.com
§ *
[RIGHTS AND OBLIGATIONS OF
ANDERSEN]
*. As part of providing the Services, Andersen is hereby
obliged to:
a) ensure that Client is in possession of necessary
tools, materials and software which will enable
the Client to use the Services,
b) provide the Client with guidance of appropriate
person who has experience and knowledge in
topics connected with provided Services.
*. Andersen has the right to demand remuneration in
amounts stipulated by the Agreement and in
accordance with the Agreement’s principles.
§ *
[RIGHTS AND OBLIGATIONS OF THE
CLIENT]
*. The Client is hereby obliged to:
a) partake in training and educational activities
constituting a part of provided Services,
b) pay the remuneration in amounts indicated
within the Agreement and in accordance with
appropriate deadlines and other principles set
forth herein,
c) inform Andersen about the Client’s absence
during training and educational activities whereas
such absence should be properly justified (illness,
incident),
d) look after materials, tools, and hardware, which
are provided to them by Andersen as part of
providing the Services, as to ensure that those
items are used properly and are not destroyed,
stolen, or unlawfully disposed,
e) respect intellectual property rights of Andersen
and maintain confidentiality of Confidential
Information,
f) withhold from using the Services for any
purpose which is against law, including hacking,
DDoS attacks, installing or distributing harmful
software (malware, ransomware, keyloggers,
Trojan Horses, etc.) spying, gaining access to
unauthorized materials, information, and
personal data,
g) withhold from placing illegal or immoral
materials within Andersen’s IT infrastructure,
h) abide by terms and conditions of software
provided by Andersen as part of providing the
Services, especially to granted licenses.
*. The Client has the right to:
a) request to extend the Duration of Services in a
scenario, where the Client was absent, and the
absence was justified,b) request explanations and ask questions regarding
training and educational activities.
§ *
[REMUNERATION]
*. The Services are provided by Andersen in return for
remuneration paid by the Client. The remuneration’s
amount is PLN *,*.* gross (hereinafter:
“Remuneration”).
*. The Remuneration shall be paid by the Client within
* (twenty) days after the end of the Duration of
Services in form of bank transfer to the following
bank account:
a) name and address of recipient: Andersen sp. z
o.o., Rondo Organizacji Narodów
Zjednoczonych * /XXV P. *-* Warsaw
b) bank account No
* * * * * * *
c) bank name: Bank Pekao S.A.
*. The Client shall be exempted from the obligation to
pay the Remuneration in the following cases:
a) if, after the end of the Duration of the Services,
Andersen presents the Client with an offer of
employment or cooperation on another basis,
and the Client accepts this offer and remains in
the relationship established in this way between
the Parties (B2B contract, civil agreement,
employment agreement) for a period of at least
* (eighteen) months,
b) if, despite the Client*;s willingness to enter into
cooperation with Andersen on the basis of an
employment agreement, B2B and other contract,
Andersen does not submit to the Client any
offer of employment or cooperation under
another agreement within * (fourteen) days
after the end of the Duration of the Services.
§ *
[RESIGNATION]
*. In a scenario, where the Client resigns from the
Services before the end of the Duration of Services,
Andersen is entitled to require payment of
Remuneration stipulated in § * point * of the
Agreement.
*. In a scenario where the established relationship
described in § * point * letter a) is terminated
prematurely by the Client (or by Andersen through
the sole fault of the Client), Andersen is entitled to
require payment of Remuneration stipulated in § *
point * of the Agreement.
Sole fault means, in particular, but not limited:
- violating by the Client the Andersen Code of
Conduct;
- preventing by the Client to Andersen from
providing Services under this Agreement;
- breaching by the Client of the obligations of
confidentiality;
- causing damage to the property and interests of
Andersen;- transfer and use of the work in understanding of
Copyright and Related Rights Act created as a result
of the Services provided under § * below in breach
of this Agreement.
*. The Remuneration shall be paid by the Client within
* (fourteen) days after the end of resignation from
the Services or termination of the relationship
indicated in § * point * letter a), under the conditions
specified in § * point * of the Agreement.
*. Andersen is entitled not to require payment of
Remuneration if the Duration of Services was less
than * (fourteen) days or in other cases at the
discretion of Andersen.
§ *
[INTELLECTUAL PROPERTY]
*. Considering that during provision of Services, the
Client can create works in understanding of
Copyright and Related Rights Act, the Client shall
transfer all author’s economic rights to such works to
Andersen upon their creation, free of charge, for
unlimited duration and with an unlimited right to
subsequently transfer such rights, both in Poland and
abroad, and authorizes Andersen to exercise
derivative rights to works created during and in
connection with the Services. For the avoidance of
doubt, the Parties agree that the transfer of author’s
economic rights shall cover all works that the Client
created in connection with the performance of the
provisions of this Agreement, including elements of
the applications created as a result of the services,
both those that are computer programs (including
source code and object code) and those that are not
computer programs (including graphic elements,
sound elements, story lines, layout, animations, or
documentation or marketing materials).
*. The transfer of author*;s economic rights referred to
in point * of this paragraph shall include all fields of
exploitation known at the moment of creation of the
work, including:
a) placing on the market, uploading into computer
memory and other data carriers, exhibiting,
displaying, lending, renting, leasing, further
resale, licensing of use,
b) using, displaying, transmitting, and soring
regardless of format, system or standard,
c) permanent or temporary recording or
reproduction in whole or in part, by any means
and in any form, regardless of format, system or
standard, including the uploading into computer
memory, and permanent or temporary recording
or reproduction of such records, including the
making of copies and any use and disposal of
such copies,
d) lending or leasing of the original or copies,
e) creating new versions and adaptations
(translations, adaptations, rearrangements, or any
other changes),
f) public dissemination, in particular making itavailable in such a way that everybody can have
access to it at a time and place chosen by
themselves, in particular making it available
electronically on demand,
g) distribution over the Internet and over local
networks, including uploading to servers or
cloud services so that the work is available for
download to an unlimited number of people,
h) use of works in direct access networks such as
the Internet, both by means of data transmission
allowing the work to be permanently stored on
the recipient*;s device and by means of real-time
transmission which does not necessarily involve
recording on the recipient*;s device (streaming),
i) the right to reproduce the work or to translate its
form (decompilation), including the right to
reproduce permanently or temporarily in whole
or in part by any means and in any form, as well
as to adapt it (translate, adapt it or make any
other alterations) without limiting the conditions
under which such acts are permitted, in
particular, but not limited to, the right to use it
for the purposes of interacting with computer
programs or for developing, manufacturing or
marketing, lending, renting or making any other
use of a similar or similar form,
j) the right to create derivative works and
alterations and to dispose of and use such
derivative works in all fields of exploitation,
including creation of works inspired by the
Client’s work, such as possible continuations,
sequels, works referring in any way to the
Client’s work,
k) the right to determine the names under which
the work will be used or distributed, including
trade names, including the right to register in its
own name the trademarks under which it will be
designated or marketed,
l) the right to use for marketing or promotional
purposes, including advertising, sponsorship,
sales promotion, and to mark or identify
products and services and other expressions of
activity, as well as for educational or training
purposes,
m) the right to distribute, including to lend or rent, a
computer program or a copy thereof based on
the work, to license, obtain financial benefits in
connection with the distribution of the work,
including the conclusion and performance of
distribution agreements providing for the
distribution, sale or licensing of applications or
their components,
n) the right to dispose of the works constituting the
work and their compilations and the right to
make them available for use, including licensing
them to third Parties, in all the fields of
udostępnianie w ten sposób, aby każdy mógł mieć
do niego dostęp w miejscu i czasie przez siebie
wybranym, w szczególności elektroniczne
udostępnianie na żądanie,
g) rozpowszechnianie w sieci Internet oraz w sieciach
zamkniętych, w tym umieszczanie na serwerach lub
w ramach usług chmurowych w taki sposób, aby
utwór był dostępny do pobrania na rzecz
nieograniczonego katalogu osób,
h) wykorzystanie utworów w sieciach bezpośredniego
dostępu typu Internet, zarówno poprzez przesył
danych umożliwiający trwałe zapisanie utworu w
ramach urządzenia odbiorcy, jak również poprzez
przesył w czasie rzeczywistym, który nie musi
wiązać się z zapisaniem go na urządzeniu odbiorcy
(streaming),
i) prawo do zwielokrotniania utworu lub tłumaczenia
jego formy (dekompilacja), włączając w to prawo
do trwałego lub czasowego zwielokrotniania w
całości lub w części jakimikolwiek środkami i w
jakiejkolwiek formie, a także opracowania
(tłumaczenia, przystosowania lub jakichkolwiek
innych zmian) bez ograniczania warunków
dopuszczalności tych czynności, w szczególności,
ale nie wyłącznie, w celu wykorzystania dla celów
współdziałania z programami komputerowymi lub
rozwijania, wytwarzania lub wprowadzania do
obrotu, użyczania, najmu, lub innych form
korzystania o podobnej lub zbliżonej formie,
j) zezwolenie na tworzenie opracowań i przeróbek
oraz rozporządzanie i korzystanie z takich
opracowań na wszystkich polach eksploatacji, w
tym również tworzenie utworów inspirowanych
utworem Klienta, takich jak ewentualne
kontynuacje, sequele, utwory nawiązujące w
jakikolwiek sposób do utworu Klienta,
k) prawo do określenia nazw, pod którymi utwór
będzie wykorzystywany lub rozpowszechniany, w
tym nazw handlowych, włączając w to prawo do
zarejestrowania na swoją rzecz znaków
towarowych, którymi oznaczony będzie lub znaków
towarowych,
l) prawo do wykorzystywania do celów
marketingowych lub promocji, w tym reklamy,
sponsoringu, promocji sprzedaży, a także do
oznaczenia lub identyfikacji produktów i usług oraz
innych przejawów działalności, a także dla celów
edukacyjnych lub szkoleniowych,
m) prawo do rozpowszechniania, w tym użyczenia lub
najmu, programu komputerowego lub jego kopii,
który powstał na bazie dzieła, licencjonowania,
uzyskiwania korzyści finansowych w związku z
rozpowszechnianiem utworu, w tym również
zawierania i wykonywania umów dystrybucyjnych,
świadczących usługi rozpowszechniania, sprzedaży
lub licencjonowania aplikacji lub ich elementów,
n) prawo do rozporządzania utworami składającymi
się na dzieło i ich opracowaniami oraz prawo
udostępniania ich do korzystania, w tym udzielania
licencji na rzecz osób trzecich, na wszystkich
*
exploitation listed above.
*. If new fields of use emerge after the conclusion of
the Agreement or if there is a justified business need
for Andersen to use the work in fields of exploitation
other than those indicated above, the Client
undertakes to transfer to Andersen the author’s
economic rights to the works in these fields as well,
without additional compensation, at the request of
Andersen.
*. The Client shall provide Andersen with works
referred to in point * of this paragraph, including
files, models, designs, prototypes, graphics,
documentation to which he holds an unlimited
copyright, both personal and property.
*. Andersen is entitled to transfer the rights acquired
under this contract to third Parties without the need
for a separate consent of the Client.
*. The granting of an exclusive right to exercise
derivative rights to the works within the meaning of
the Agreement means an unlimited right of Andersen
to exercise author’s derivative rights to the works, as
well as an unlimited right to authorize the
performance of derivative author’s rights to the
works - in all fields of exploitation listed in the
Agreement. In particular, this means Andersen’s
right to use derivative works within the scope and in
the fields of use specified in point * of this
paragraph.
*. Notwithstanding the above provisions, the Client is
entitled to use in the process of creating software
and other elements, commonly used solutions, such
as published frameworks, libraries, or other elements,
which can be used within the framework of the
created software. This applies in particular to
elements distributed under open source licenses. In
this case, the Client uses such elements whose
licenses allow their use in commercial solutions
developed by Andersen and does not use elements
based on viral licenses. Before using such solutions,
the Client shall inform Andersen of its intention to
use such elements, together with the indication of
the licenses under which they are based, including in
particular any obligation to indicate in the generated
software the elements used or the licenses under
which they are covered. The use of such elements is
permissible only with the consent of Andersen.
*. The Client authorizes Andersen to exercise their
author’s moral rights on their behalf, and in
particular to:
a) decide whether to mark the work with the
Client’s name or pseudonym,
b) to decide on the inviolability of the content and
form of the work,
c) to decide when a work is first made available tothe public,
d) to decide on the supervision of the use of the
work.
*. The Client undertakes not to withdraw the
authorization referred to in point * of this paragraph.
*. The Client undertakes to not exercise their author’s
moral rights to works in relation to the Andersen or
any third party.
*. Andersen shall have the unlimited right to:
incorporate the entire work or any part thereof into
other works and use it together with other works, to
make changes to the work which can also result from
combining it with other works, use fragments of the
work and to dispose of them within the fields of use
specified in point * of this paragraph.
*. The Client declares that the works created under the
Agreement shall not have any material or legal
defects or will not restrict Andersen’s use of those
works in a way other than expressly described in the
Agreement.
*. All materials, information, software, and other
elements which might be subject to appropriate
intellectual property laws, and which are provided by
Andersen to the Client for purpose of providing the
Services are and will remain the property of
Andersen or appropriate third parties. The Client
shall not use the received materials for other
purposes than to use the Services provided by
Andersen.
§ *
[CONFIDENTIAL INFORMATION]
*. The Client is obliged to maintain strict confidentiality
of all information, regardless of its form of fixation
or nature, communicated orally, in writing,
graphically, electronically or in any other way, which
was or can be revealed or shared with the Client by
Andersen (hereinafter: “Confidential
Information”). The information described above
can be connected with: all aspects of functioning of
Andersen and its partners, financial statements,
business and marketing plans, court proceedings,
clients, providers, licensees, licensors, personnel,
already existing and future contracts, methods of
collecting and analyzing data, computer programs,
methods of programming, financial demonstrations
and establishments, projects, new and existing
product ideas, processes, propositions,
specifications, plans, drawings, data bases,
confidential information received by Andersen from
third parties, inventions and technologies (regardless
of their protection by intellectual property laws),
research and development, means of protecting
documents and data, source codes, means of
resolving issues connected with providing services by
Andersen, and other economic, financial or legal
information The fact of conclusion of the
Agreement shall not be deemed confidential.*. The Client hereby declares its awareness of the fact
that revealing any part of the Confidential
Information, subject to limitations of applicable law,
can make the Client liable to Andersen. The Client is
obliged to undertake security and organizational
measures which will ensure safety of processing
Confidential Information, pursuant to provisions of
the Agreement in order to prevent any unauthorized
use, transfer, reveal, loss, destruction, leak, or access
to such information. The Client is obliged to not
copy or preserve Confidential Information unless it
is justified by need to properly perform the
Agreement. The Client is obliged to immediately
inform Andersen about any violations of the rules
regarding keeping the Confidential Information safe
or any breaches, unauthorized reveal or unauthorized
use of the Confidential Information processed in
connection with performing the Agreement. Th
Client is obliged to ensure utmost diligence in
keeping such information and documents safe from
loss, reveal, theft etc.
*. Provisions regarding confidentiality are binding for
the duration of the Agreement and for * (five) years
from the day of realization of the Agreement or its
termination or expiry, regardless of the reason of
Agreement’s termination or expiry. This applies also
in case of the Agreement being fully realized
*. In the event of a breach by the Client of the
obligation of confidentiality described in this
paragraph, Client shall pay the Andersen a
contractual penalty of PLN *,*.* for each
breach. That provision does not preclude Andersen
from claiming damages in excess of the contractual
penalty if the damage suffered by Andersen exceeds
the amount of that penalty.
§ *
[LIABILITY]
*. Each of the Parties is liable for their acts and
omissions which are against the Agreement or
applicable law.
*. If the Client is not a consumer, Andersen shall be
liable only in case of intentional damages, and the
liability shall be limited to factual damages
encumbered by the Client.
*. Andersen does not guarantee to the Client that after
the performance of this Agreement, the Client will
be employed by Andersen or that Andersen will
present them with another offer of cooperation.
However, if Andersen is not interested in employing
or cooperating with the Client, the Client will not be
obliged to pay remuneration. Andersen does not
guarantee that after the performance of the
Agreement, the Client will receive any
job/cooperation offers from other entities in the IT
industry. The Client understands that Andersen is
not responsible in this respect.*. None of the Parties shall be liable for lack of or
improper performance of the Agreement in cases of
Force Majeure. Force Majeure shall be understood as
external events which affect performance of the
Agreement, could not be foreseen or counteracted
by either Party with their reasonable care, and for
which the Party should not be liable in eyes of civil
law, such as: war, marital law, internal conflicts, riots,
strikes, earthquakes, floods, fires, pandemics,
epidemics, and other natural disasters.
§ *
[FINAL PROVISIONS]
*. In connection with the conclusion and the
performance of the Agreement, Andersen will be
processing Client’s personal data. Information about
details of processing of personal data consists Annex
* to the Agreement.
*. This Agreement is concluded for a definite period of
time, indicated in § * point * of the Agreement. The
Agreement can be terminated for important reasons,
with a *-day notice period.
Notwithstanding of the above, Andersen may
terminate this Agreement at any time, without cause
and without penalty with a *-day notice period. In
this case the Client shall not be obliged to pay the
remuneration stipulated in § * point * of the
Agreement.
*. Any amendments and modifications of the
Agreement shall be made in written form, otherwise
null and void.
*. The Agreement shall be subject to Polish Law.
*. The Agreement is concluded in two languages. In
case of any discrepancies, the English version of the
Agreement shall be deemed binding.
*. In case of any conflicts stemming from performance
of the Agreement, the Parties shall attempt to resolve
the conflict amicably and in good faith. This
provision does not constitute an arbitration clause.
Annex *:
Information clause concerning processing personal data
Based on the contract you provided, if you resign before the end of the Duration of Services, Andersen is entitled to require payment of the full remuneration (§ * point *). Also, if the established relationship is terminated prematurely due to your fault, you may be liable for the remuneration (§ * point *). It's crucial to discuss your intention with Andersen's HR department or seek legal advice before making a decision.
but I don't want to work on the current project, not leave the company
From your provided contract, it doesn't seem to specify conditions for not wanting to work on a specific project. However, it's advisable to discuss your concerns with your HR department. They may be able to reassign you without breaching the contract.