- § 1 MUNDU Logistics & Network GmbH is an international network with the focus on brokering logistics companies from all over the world.
- § 2 Membership lasts 12 months, starting on the day of subscription to the application form required for membership. The membership is automatically extended for a further 12 months, unless the membership is cancelled by the member at least 90 days before the membership ends.
- § 3 The member represents the network (MUNDU Logistics & Networks GmbH) in the respective registered country. If the member is represented in several countries, the membership only applies to the registered country. If additional branches from other countries are to be added by the member, this requires an additional application form per country.
- § 4 As far as possible, the member should dispatch all shipments via the network and their other members. The member undertakes to participate proactively in the further development of the network. This happens on the one hand through recommendations of the network to other forwarding agents. On the other hand, through regular cooperation with the other members of the network.
- § 5 The network only allows a limited number of members per country to access the network. However, if a member does not use this semi-exclusive status sufficiently, the network reserves the right to terminate the membership. In this case, the member will leave the network as soon as possible. The number of members per country is limited and is regularly communicated to the members through the network. The current number of members per country and the maximum number of members per country can be viewed in the member area via a virtual map. The network is committed to adhering to the number of members. Changes, if necessary or desired, are discussed and coordinated by the chosen "Board of Members" and the network.
- § 6 The network undertakes to hold a membership conference once a year. If this is possible, the conference will take place in the personal presence of the members at a location chosen by the network. If a "personal" conference is not possible due to travel restrictions, pandemics, terror etc. ... the network has to provide a replacement conference in the form of a virtual come together. A conference lasts 2-4 days, depending on the number of participants, a virtual conference 1-2 days. In return, the members undertake to attend at least two conferences over a period of three years. This requirement applies continuously and for the entire duration of the membership. Should a member
not be able to comply with this formula, this automatically leads to a penalty payment to the network (2x conference fee / attendee) for the omitted conference. In the event of a second violation, the user is automatically excluded from the network.
- § 7 The network has a "Board of Members". This board contains four votes, which are made up of members. The network is also represented in the "Board of Members" and has two votes. The "Board of members" is elected annually by all members at the conference. Any member participating in the conference with a valid membership number can participate in the vote. Each valid member has one vote and a simple majority is enough to elect the "Board of members". There can only be one representative per country, except for the country in which the network is based. Only the network always remains represented on the "Board of members". It is the task of the "Board of members" to advise and coordinate any changes in the network. All members can submit amendments and new applications to the network up to 4 weeks before the next regular meeting of the "Member of boards". In the "Member of boards", a vote is first taken as to whether the respective application is approved for examination or not. If there is no majority vote, the network can make the final decision. The "Board of Members" meets 3 times a year. 2x in the form of a virtual meeting and 1x in the form of a personal meeting, one day before the start of the annual general meeting.
- § 8 General and elementary points relating to the network are excluded from voting. So e.g. the membership and conference fee, the appointment or dismissal of the CEO of MUNDU Logistics & Network GmbH etc.
- § 9 Upon entering the network, each member undertakes to comply with the terms of the Payment Terms & Payment Umbrella. If a member does not adhere to these requirements, the member will be excluded from the network at the latest with the third warning. Prior warnings are sent publicly and to all members. This serves the self-protection of each individual member. The payment term for all open invoices is 30 days, starting with the receipt of the invoice by the respective debtor. If the invoice has not been paid on time, the creditor must inform the network immediately. From this moment on, the network takes over the further communication with the debtor. Furthermore, default interest of 5% on the respective invoice amount is due for each month or part thereof. This tight gait serves to protect every single member in the network.
- § 10 Each member has the right to use the payment umbrella, which is provided by the network. The basic requirement for participation in the Payment Umbrella is the full payment of the agreed membership fee. Without payment of the membership fee, there is no protection from the payment umbrella, even for cases that affect the old membership fee. If the member uses the Payment Umbrella, the network has 60 days to check the situation and find the missing contribution. The debtor is automatically in default after 30 days and owes the creditor 5% default interest from the 31st day. In any event, default interest only arises if it turns out that the claim is justified. As of July 1st, 2020, the network provides each member with a maximum secured amount of EUR 10,000.00.
Should a member wish to have a higher level of security, the network has to be informed proactively by the member. This may result in higher membership fees. The "Payment Umbrella" and the secured amount per member are decided every year. The network makes the decision in consultation with the democratically elected "Board of members". Only amounts that correspond to the MUNDU Terms & Conditions will be paid out. Furthermore, the payment umbrella only applies to legitimate claims. These are, on the one hand, the debtor's insolvency and the refusal of payment of the final amount agreed before shipping between the two parties. Subsequent fees are not insured unless they have been expressly included in the offer and have been confirmed by both parties. In addition, the offer must be clearly understandable and confirmed by both parties in advance of the dispatch.
- § 11 The network reserves the right to terminate membership with its members without notice if the Code of Ethics is violated (see the previous paragraphs), the member has been proven to be punishable, has gone bankrupt or is imminent insolvency is imminent. In addition, members are prohibited from setting up their own network in the "logistics" area.
- § 12 The law of the Federal Republic of Germany shall apply exclusively to the legal relations between MUNDU Logistics & Network GmbH and the members. The application of the UN Sales Convention is excluded. Place of performance and place of jurisdiction for any disputes arising from the contractual relationship shall be the head office of MUNDU Logistics & Network GmbH.