PNO Linking Contract

Linking Agreement

See: https://matchpoint.innovationplace.eu/dms/pno for a word document: 20210701 Linking Framework Contract Empty.docx

The parties to this agreement are:

Full official name of organization (corporate form): [Obligatory]
Street, number, mailbox: [Obligatory]
Zip code and city: [Obligatory]
Country: [Obligatory]
VAT: [Obligatory]
TEL [Obligatory]

AND

PNO entity [Obligatory]
Street, number, mailbox: [Obligatory]
Zip code and city: [Obligatory]
Country: [Obligatory]
VAT [Obligatory]
TEL [Obligatory]

1.      Objectives of the agreement

[Name client Obligatory] (hereinafter “THE CLIENT”) will join the consortium for the proposal in preparation of a proposal for [Description …… Obligatory].

2.      Services to be provide by PNO

Objectives of the services:

The objective of the services is to support THE CLIENT in ensuring that THE CLIENT will be involved in the consortium for the above-mentioned call, that the project proposal is written in such a way as to maximize the chances of approval, and in facilitating that the application is submitted on time to the proper authority. PNO is coordinating the proposal process and writing the proposal with active involvement from the consortium partners.

Services offered by PNO Consultants:

PNO Consultants will carry out the following services:

  • Facilitating THE CLIENT’s integration in the consortium;
  • Facilitating the communication between THE CLIENT and the consortium, in order to provide the required information;
  • Advising THE CLIENT with respect to proposal design and presentation;
  • Advising THE CLIENT in the completion of the related administrative procedures;
  • Support the CLIENT in the negotiation phase, in the case the proposal will be invited for negotiation.

3.      Fees for PNO services and duration

The fee structure of PNO for supporting THE CLIENT in linking and preparation of the proposal is based on:

  • [Obligatory] (in wording [Obligatory])
  • [Obligatory] % of the total amount of funding for THE CLIENT, as indicated in the Grant Agreement and or Description of Work, by the European Commission

This agreement between THE CLIENT and PNO shall be entered into force on the [date Obligatory] (in wording [Obligatory]) for a period of one year.

4.      Conditions

Confidentiality:

The information provided by THE CLIENT to PNO is considered sensitive proprietary knowledge of THE CLIENT and will be used observing the highest standards of care and confidentiality. PNO shall not publish or disclose proprietary information for any purpose other than the performance of the services hereunder without the prior written authorization of the CLIENT.

Further, PNO agrees to comply with any and all applicable data protection laws and other data protection provisions and not to perform or omit any acts that would result in a breach of the data protection laws. PNO ensures that the employees engaged by it shall comply with the same confidentiality obligations stated hereunder. In the case the CLIENT provides personal data related to their employees to PNO or exchanges personal data with PNO within the scope of the assignment, the CLIENT explicitly provides its consent to use such data for the purpose of carrying out this assignment, including sharing this data with consortium partners and the European Commission in the light of carrying out this assignment.

This commitment of confidentiality shall remain in force for two years after the expiration or termination of this Agreement

Liability:

Except in the event of gross negligence or wilful misconduct on the part of PNO, any liability on the part of PNO that arises by, during, or further to the occurrence or performance of the agreement, irrespective of its nature (contractual or extra-contractual liability, strict liability or tortious liability, etc.), is always limited to a maximum of the total of the contract amounts, excluding VAT, to PNO by THE CLIENT in the execution of the agreement concerned.

Withdrawing and reimbursement:

The following rules apply in case the CLIENT is forced to withdraw from the proposal process:

  • If the CLIENT withdraws in the proposal process due to a force majeure (e.g. bankruptcy). In this case PNO will support to find another partner and the old partner will not be charged any extra. New waves of COVID-19 and different stages of lockdown conditions are not considered force majeure.
  • If the CLIENT decides to withdraw from the project during the proposal process without a force majeure situation. In this case PNO will be entitled to continue the proposal process with the remaining consortium. The CLIENT will be obliged to reimburse the value of half commitment fee equal to [Obligatory] (in wording [Obligatory]).

Payment and invoicing:

  • The invoice for the commitment fee will be issued at the moment of the submission of the proposal to the Grantor Body and shall be payable within 45 (forty five) days from the invoice issue date.
  • The invoice for the success fee will issued at the moment of signature of the contract with the Grantor Body. The invoice is to be paid after the first advanced payment has been received by the consortium or 120 calendar days after the signature of the contract with the funding body at the latest.
  • The CLIENT is obliged to fill in the annex A of this contract for invoicing purposes

All amounts mentioned and referred to in this agreement shall be exclusive of VAT. All amounts shall be calculated in Euro.

Law:

The PNO Terms and Conditions see https://www.pnoconsultants.com/terms-conditions and Privacy-statement see https://www.pnoconsultants.com/privacy-statement apply. However, this agreement will be exclusively governed and construed in accordance with the [Country [Obligatory]] laws. Any conflict shall be resolved by the International Court of Arbitration from the International Chamber of Commerce in [City [Obligatory]]. The arbitration proceeding shall be conducted in [Language [Obligatory]].

5.      Signature

PNO can be assigned to deliver the services as described by signing below.

I, the undersigned, declare to have read the Project Agreement and its Terms and Conditions and agree to be bound by the contents.

Signed by duly authorised signatory of THE CLIENT:
Name: [Obligatory]
Function: [Obligatory]
Date, signature: [Obligatory]
________ , ____________________________

Signed by duly authorised signatory of PNO:
Name: [Obligatory]
Function: [Obligatory]
Date, signature: [Obligatory]
________ , ____________________________

ANNEX A

Details for administration / invoicing for Linking Agreement

PNO entity [Obligatory]
Street, number, mailbox: [Obligatory]
Zip code and city: [Obligatory]
Country: [Obligatory]
VAT [Obligatory]
TEL [Obligatory]

Full official name organization:  [Obligatory]
Please note which form of company[Obligatory]
Street, number, bus[Obligatory]
Zip code and Municipality:[Obligatory]
Country:[Obligatory]
VAT number:[Obligatory]
PO number (if applicable) 
Digital invoicing:@ [Obligatory]
Digital reminder:@ [Obligatory]
Contact for this project:[Obligatory]
Contact phone/mail[Obligatory]