PRINCIPLES ON PROVIDING SERVICES TO THIRD PARTIES

SECTION ONE

Purpose, Scope, Basis, and Definitions

Purpose and Scope
ARTICLE 1- (1) The purpose of these principles is to ensure efficient functioning of Faculty of Engineering laboratories, which will be providing services to third parties (other institutions, organizations, persons), and ensure its sustainability in providing funds for the faculty. 

(2) These principles include principles to be used in production, analysis, testing, etc. services that will be offered by IUE full-time academic and administrative staff at Faculty of Engineering laboratories within Izmir University of Economics.

Definitions

ARTICLE 2-(1) (1) The references in these principles are as follows;

a) Board of Trustees: The Board of Trustees of Izmir University of Economics,

b) Senate: The Senate of Izmir University of Economics,

c) Rector: The Rector of Izmir University of Economics,

ç) Secretary General: The Secretary General of Izmir University of Economics,

d) Academic Unit: Faculties, schools, or vocational schools affiliated to Izmir University of Economics,

e) Work: All of the works to be performed within the Faculty of Engineering Laboratories of Izmir University of Economics,

f)  Agreement: The Usage Agreement of Faculty of Engineering Laboratories,

g) University Administrative Board: The University Administrative Board of Izmir University of Economics,

ğ) University/IUE: Izmir University of Economics.

Faculty of Engineering Laboratories Usage Agreement Terms and Conditions

ARTICLE 3- (1) Third parties (other institutions, organizations, persons receiving services), who want to benefit from these services, and IUE full-time academic and administrative staff (providing these services) shall sign “Faculty of Engineering Laboratories Usage Agreement”.

(2) Third parties (other institutions, organizations, persons receiving services) shall be responsible for miscellaneous expenses.

(3) Documents prepared by IUE shall be reviewed by third parties (other institutions, organizations, persons receiving services) within the period specified in the Agreement, and requested changes shall be submitted to IUE in writing. In the event of time used for reviewing exceeding the time specified in the Agreement, this exceeding periods shall be included in total working time with the approval of IUE.

(4) The signed agreement shall be submitted to the approval of the Board of Trustees upon the approval of Secretary General and Rector. Faculty of Engineering Laboratories Usage Agreement shall be finalized upon the approval of the Board of Trustees and takes effect.

(5) Remuneration for services provided by laboratory, account information regarding the payment, starting and ending dates of the work, rights and responsibilities of the parties included, subject, scope, and phases of the work, principles regarding the evaluation if an evaluation will take place at the end of the work, and other issues shall be specified in the Agreement.

(6) The Agreement shall be extended by IUE’s written consent due to force majeure events if approved by IUE Administrative Board within 15 days starting from the claimed force majeure event.

(7) Third parties (other institutions, organizations, persons receiving services) shall inform IUE about their request to expand the scope of the work, and a supplemental agreement shall be drawn up for increased workload. Additional time required for increased workload and the amount to be paid to IUE for additional work shall be specified in the supplemental agreement.

(8) Parties shall make changes to the scope and load of the work, if necessary. Financial value of the changes shall be re-calculated by Parties and a supplemental agreement is shall be drawn up.

(9) Work shall be put on hold in the event of payment by Third parties (other institutions, organizations, and persons receiving services) is not made on dates specified in the Agreement.

Transfer of Faculty of Engineering Laboratories Usage Agreement

ARTICLE 4- (1) This Agreement is transferrable to third parties with a written consent of Parties.

Termination of Faculty of Engineering Laboratories Usage Agreement

ARTICLE 5- (1) In the event of either of the Parties failing to fulfill the written obligations specified in the Agreement, the other party shall inform in writing and ask for improvement within 15 days. If the improvement is not made within 15 days, the relevant Party shall be able to terminate the Agreement.

(2) In the event of termination of the Agreement by IUE due to failure of Third parties (other institutions, organizations, and persons receiving services) in fulfilling the obligations, IUE shall reserve the right to receive full charge of services it provided until then, and 25% of charges for remaining services. Third parties (other institutions, organizations, and persons receiving services) shall be responsible for paying these charges in 15 days.   

(3) In the event of termination of the Agreement by Third parties (other institutions, organizations, and persons receiving services) due to failure of IUE in fulfilling the obligations, IUE shall only reserve the right to receive full charge of services it provided until the date of termination.

Dispute Resolution

ARTICLE 6- (1) Izmir Chamber of Commerce Arbitration Board shall be the authorized and assigned body in the resolution of any kind of disputes arising from the application of this Agreement.

Publication Right

ARTICLE 7- (1) There shall not be a confidentiality agreement for outcomes obtained as a result of work contributing to science. IUE shall reserve the right to publish these. IUE shall give up these rights when it deems appropriate, or in case of looking after the country’s benefits.

(2) The findings of the works shall be submitted to Third parties (other institutions, organizations, and persons receiving services) by IUE as a report. Third parties (other institutions, organizations, and persons receiving services) shall make many copies of this report as they wish.

Patent Right

ARTICLE 8- (1) If any invention occurs as a result of these works, IUE shall reserve the right to patent.

SECTION TWO

Income Share and Assignment Principles

Income Share
ARTICLE 9- (1) IUE shall receive 50%, respective academic or administrative staff providing support/services shall receive 35%, and the unit which the academic or administrative staff or laboratory is affiliated to shall receive 15% of gross income obtained from the services provided by Faculty of Engineering laboratories.

Assignment Principles

ARTICLE 10- (1) The following principles shall be implemented in assignment of IUE full-time academic and administrative staff.

1. < >ssignment of IUE full-time academic and administrative staff in providing services is finalized with the approval of the Rector upon the opinion of the head, and recommendation of the dean of the respective department/program.

   Full-time academic and administrative staff shall not be granted more than one day a week as leave for providing services.

    

2. Academic or administrative staff providing support/services shall be responsible for fulfilling their requirements within the period specified in the Agreement. Academic and administrative staff shall be responsible for losses and damages, and indemnities resulting from delays caused by them.

    

3. Third parties (other institutions, organizations, and persons receiving services) shall be responsible for losses and damages, and indemnities resulting from delays caused by them.

    

4. In the event of academic and administrative staff assigned to provide services to third parties (other institutions, organizations, and persons receiving services) on their work-site, they shall benefit from social facilities offered by third parties (other institutions, organizations, and persons receiving services).

SECTION THREE

Other Provisions

Effectiveness

ARTICLE 11- (1) These principles take effect on the date they are approved by the Board of Trustees of Izmir University of Economics.

Enforcement

ARTICLE 12- (1) The Rector of Izmir University of Economics enforces the provisions of these principles.

This regulation takes effect upon the decision of the Senate dated 10.01.2018 and numbered 330/6 and the decision of the Board of Trustees dated 06.02.2018 and numbered 40.