General Terms and Conditions for Partner Agencies
1. Purpose
These General Terms and Conditions govern the collaboration between Conscious Management Institute S.A. ("CMI") and any company or professional ("the Agency") that promotes CMI's academic programmes and refers prospective students who are subsequently admitted and enrolled through CMI's Enrolment Portal. They are accepted electronically in the Enrolment Portal and have the same validity as a signed agreement. Any special conditions agreed in writing with a specific Agency prevail over these Terms.
2. Becoming a partner agency
The Agency registers in the Enrolment Portal, provides its company, tax and bank details and accepts these Terms. CMI reviews the application and, once approved, the Agency receives its own Enrolment Portal link and access to its agency area. CMI may refuse an application without giving reasons.
3. Attribution of students
3.1. A student is considered referred by the Agency when they create their account in the Enrolment Portal through the Agency's own link, or when the Agency has registered them with CMI through the channels established by CMI before CMI or another partner was managing them.
3.2. The student must always register with their own email address, as they will receive their admission documents there and must personally sign their enrolment agreement. The Agency may help the student, but may not register them with its own email address or sign on their behalf.
3.3. A student who was already being managed by CMI or by another partner before using the Agency's link is not attributed to the Agency. In the event of a dispute, CMI will decide on the basis of its CRM records, communications and available documentation.
4. Commission
4.1. The Agency will receive a commission of EIGHT PER CENT (8%) of the total amount paid by each student attributed to it for their programme: enrolment fee plus programme fee, once any scholarships, discounts or commercial conditions authorised by CMI have been applied. Degree certificate issuance fees, insurance and other services are excluded. The calculation base may never exceed CMI's official current price for the programme.
4.2. Volume tier: if an Agency has 11 or more students who meet the requirements of clause 5 in the same intake (programme start period, all programmes combined), the commission for all of that Agency's students in that intake will be TEN PER CENT (10%), applied retroactively. Any difference with commissions already settled at 8% will be paid in the next settlement.
4.3. Commissions are stated exclusive of any indirect taxes, which will be applied in accordance with the law. Any withholding tax that may apply will be deducted.
4.4. Introduction bonus: if the Agency introduces to CMI a new partner agency or a new Recommender who registers in the Enrolment Portal through their introduction link or by entering their code, the Agency will receive a one-off bonus of THREE HUNDRED EUROS (€300) once the agency or Recommender introduced reaches their first three (3) effective enrolments (students enrolled, actively following the programme and up to date with payments, with the commission earned). The bonus is included automatically in the next settlement. Anyone who was already collaborating or in contact with CMI is not considered introduced.
5. Requirements for earning the commission
The commission is earned for each student when:
- the student is enrolled and actively following the programme; and
- the student is up to date with payments: they have paid the enrolment fee and either the full programme fee or, if they pay in instalments, their first two monthly instalments, which fall due on the 5th of each month.
If, two (2) months after the start of their programme, the student has cancelled, dropped out or is not up to date, no commission is earned unless CMI agrees otherwise in writing. Amounts refunded to the student, for whatever reason, reduce the commission accordingly.
6. Settlement and payment
6.1. CMI settles commissions automatically three times a year, on 10 November (October-November intake), 10 March (January-March intake) and 10 July (May-July intake), once it has verified that the students are following their programme normally and are up to date with their payments. Each settlement includes all commissions earned up to that date; those not yet earned are carried over to the next settlement. CMI makes the settlement available in the Agency's area of the Enrolment Portal, detailing each student, programme, calculation base, percentage and amount.
6.2. The Agency authorises CMI to issue the corresponding invoice on its behalf (self-billing, in accordance with article 5 of the Spanish Invoicing Regulation, Royal Decree 1619/2012). Each self-billed invoice is issued in a series specific to the Agency and is made available to it in its area. The Agency may raise objections to it within fifteen (15) days; after that period it will be deemed accepted. The Agency remains responsible for its own tax obligations.
6.3. CMI will pay each settlement by bank transfer to the account provided by the Agency before the 20th of the month in which it is issued. Settlements are only issued when the Agency's company, tax and bank details are complete and correct.
7. Obligations of the Agency
The Agency undertakes to: (1) promote CMI's programmes responsibly and in line with the official information provided by CMI; (2) not promise or alter financial, academic, admission, qualification, visa or any other conditions not authorised by CMI, nor guarantee admission; (3) inform candidates accurately about admission requirements; (4) use candidates' personal data only for the authorised purposes and with their consent; (5) comply with CMI's Code of Ethics, integrity policies and brand guidelines when using CMI's name, logos and materials; and (6) keep its details up to date in its agency area.
8. Obligations of CMI
CMI undertakes to: (1) provide up-to-date academic and commercial information on its programmes; (2) manage the admission and enrolment process and make the final decision on admission; (3) collect the fees through its own payment methods; (4) show the Agency, in its area, the status of the students attributed to it, within the limits of data protection law; and (5) settle and pay the commissions in accordance with these Terms.
9. Personal data
Each party is the data controller for the personal data it collects in its own activities. Where one party processes data on behalf of the other, they will sign the corresponding data processing agreement under article 28 of the GDPR (EU Regulation 2016/679). The Agency's details are processed by CMI to manage this relationship, settle commissions and comply with its legal obligations.
10. Term and termination
These Terms apply from their acceptance for an indefinite period. Either party may terminate the collaboration by giving two (2) months' written notice. CMI may terminate it immediately if the Agency breaches these Terms. Commissions for students who were already enrolled will still be paid if they meet the requirements of clause 5. CMI may update these Terms; the Agency will be informed in its area and must accept the new version in order to keep its link active.
11. Good faith and non-disparagement
The parties will act in good faith and refrain from making deliberately false or defamatory statements, or statements intended to unlawfully damage the reputation of the other party, during and after the collaboration.
12. Governing law and jurisdiction
These Terms are governed by Spanish law. Any dispute will be submitted to the courts of Madrid, unless mandatory rules provide otherwise. In the event of any discrepancy between language versions, the Spanish version shall prevail.