📚
Digital Services Companies
This page explains articles for empanelment of Digital services companies to Open Constitution Partner Directory.
Notice: Muellners Foundation invites groups of peoples: public and private technology companies, such as Robotics, AI, Data Science, RnD, Technical Assistance companies who are active technology and research services providers, regulated within the local law and to be empanelled on the Open Constitution Partner Program.
Eligibility:
A duly recognised and registered research, development and technical services institution with focus on STEM(Science Technology Engineering and Mathematics).
Viability Requirements:
a. A public Open Source Policy: with more than 50% of technology stack powered or pledged to be powered with open source technology.
b. An active Cloud Infrastructure Strategy.
c. A Public Business Continuity Plan, Disaster Management and Recovery Policy.
d. A Public Pledge of Action against Climate Change and a policy for Diversity, Equity and Inclusion in Company's workspace.
This membership has been designed so that Partner member bodies can avail following benefits:
- 1.Increased representation in open source product lifecycle(s).
- 2.Reduced regulatory burdens of labour, tax, digital services legislation in cross national human capital and Intellectual Property conflicts.
- 3.Avail benefits from Foundation's open governance layer into your financial services case study and enhanced skill development of members of the company.
- 4.Active participation in Feedback lifecycle to Foundation's Open Research with a verified Open Access to Foundation's digital public resource
- 1.ACCESS TO ALL NATURAL PERSONS, AFFILIATED TO PARTNER MEMBER BODY
A Partner member shall have a verified information access corridor to Foundation maintained digital public goods and services infrastructure, for all of the natural persons, who are affiliated to the Partner member, in accordance with the local business laws.
All natural persons who are affiliated to the Partner member, in accordance with the provisions of local law, shall have access to Foundation's digital public goods and services infrastructure.All such natural persons, who are affiliated to the Partner member, and have access to Foundation's open convention shall have derived membership rights in the Electoral Charter.
2. APPOINTMENT OF A REPRESENTATIVE:
A Partner member shall nominate atleast one(1) representative member(a natural person or a group of natural persons) to the constitutional body: Observers Council.
Any such representation shall be duly authorised by the governing body of the Partner member, in accordance with the local law.
Any such representation of a duty bound nominee shall have received signatory rights on behalf of the Partner member, in full compliance with the local law.
Any nomination, appointment, termination of a representative (on behalf of the Partner member) shall follow the Articles of Association of natural persons: Observers Council, and subsequently any appointment shall be ratified in accordance with the Articles of Association of natural persons: Open Constitution.
2.1 ROLE OF A REPRESENTATIVE IN PARTNER MEMBER "PROJECT":
A representative shall have the powers to represent and legally bind the participation of the Partner member in availing the benefits of open source development lifecycle(s), maintained by Muellners Foundation.
A representative shall have the powers to propose Open Governance motions in creating, defining and publishing the definition of a Partner member "project", and reduce to practice such a defined project into open source, and to participate in conventions with non representative citizens(read ordinary voluntary members), and other types of citizens of the Foundation, who may be dedicated to open source systems implementation in the Partner Member "project".
In matter(s) concerning the Foundation's projects and programs or any communications and publishing proceeding(s) thereof shall take place in accordance to the Communications Charter, and this Open Constitution.
It is important to note that a representative member expresses an explicit Waiver of Indemnification, when the representative member discharges their responsibility, outside the purview and scope of the Articles of Association of Natural Persons: Open Constitution.
It is at the discretion of the representative member(on behalf of the Partner member), whether an explicit waiver of confidentiality grounds (as mentioned in the Data Security policy of the Foundation), remains, increased or abated in connection to the exchange of any confidential information, and any material thereof between the Partner Member body and the Open Convention, in connection with the Partner Member "project".
3. OPEN CONVENTION:
In addition to a representative members' derived rights to attend Open Convention; all the natural persons who are affiliated to the Partner Member body, shall have equal rights to Foundation citizenship, as if they were ordinary voluntary members of the Foundation.
3.1 PROJECT CONVENTION:
The Representative to Observer's Council shall organise Project meetings on an ongoing basis, and participate in the Project CWC meetings or meet any other members of the Foundation, who are also a member of the Project CWC or have an Open Grant award or an employment award assigned to them, in connection with the Partner Member project:
When recorded through the member’s presence in the Foundation’s Project meetings.
The primary mode of meetings are Electronic Mode of Meeting.
3.2 PROGRAM CONVENTION:
The Representative to Observer's Council shall participate in the Program CWC on an ongoing basis, or meet with any other members of the Foundation, who have an Open Grant or an employment award assigned to them, in connection with the Open Source Development Program:
When recorded through the member’s presence in the Foundation’s Program meetings.
The primary mode of meetings are Electronic Mode of Meeting.
4. DISSOLUTION OF PARTNERSHIP
It is at the discretion of the Executive Council or Steering Council to remove a Partner Member body from the Muellners Foundation.
The Governing body of the Partner Member can also dissolve the partnership, in accordance with local laws and by giving a notice to the Foundation, in accordance with the Open Constitution Partner Program Agreement. The representative to the Observer's Council shall ensure that the Partner Member Project has been closed, or all the stated deliverables of the Project have been met.
The representative member shall have rights to close Project proceedings.
Nomination, appointment of the representative of the Partner Member body survives the dissolution of partnership, on any grounds whatsoever, until the appointment runs its natural course, in accordance with rights of individual citizens of the Foundation and in accordance to the Electoral Charter.
The action of dissolution of a Partner Member body is governed by the Open Ballot proceedings, akin to removal of a member from the Foundation, as if a violation of these Articles of Association of Legal Bodies has taken place or as if a voluntary removal of the legal body has taken place from the Association.
5. International Mediation and Arbitration Rights
(i) Mediation and appointment of arbitrator:
Any dispute/difference and/or claim arising out of or in connection with an agreement between the participant organisations of the Open Constitution Partner Program shall be resolved amicably between the authorized representatives of the disputing parties, failing which:
such dispute/difference and/or claim shall be resolved by the arbitration of a sole arbitrator, to be nominated and appointed to an Open Tribunal, by the Observation Council of the Foundation, to which authorized representatives of participant organisations may or may not be a member of.
The appointment of the arbitrator and subsequent constitution of an Open Tribunal shall be ratified by the Independent Board of the Muellners Foundation.
(ii) Re appointment of arbitrator: In the event, an arbitrator so appointed is unable to proceed with the arbitration proceedings for any reason whatsoever, this Observation Council, to which authorized representatives of participant organisations may or may not be a member of, shall appoint another single arbitrator in his/her/their place, who shall become entitled to proceed with the arbitration proceeding from the state at which it was left by his predecessor.
(iii) Governing Law(s): The arbitration proceeding shall be governed by the provisions of the jurisdiction where Foundation has a Fiscal host:
Danish Arbitration Act 2005 and any statutory amendments thereof.
(iv) Location: The venue of arbitration shall be at Copenhagen and if due to any reason, physical attendance of authorised representatives of both the parties, and the appointed arbitrator is not possible, then the arbitration proceedings may take place via recorded electronic communications system.
(v) Cost and binding arbitration: Any costs and fees other than attorney fees associated with the arbitration shall be shared equally by the disputing parties. The award passed by the arbitrator shall be final and binding on the disputing parties. Read more on Case Processing Fees here.
Judgment upon the award rendered by the arbitrator(Open Tribunal) may be entered in any court with jurisdiction to do so.
6. The Independent Board reserves the right to update the terms and conditions, statutes from time to time, in compliance with the existing rules and regulations of the association, including reserving the right to terminate the appointment of representative of Partner Member to the Observer's Council at any time, without notice and without the due electoral process of removal, in the following scenario:
If the Partner member body is found convicted of criminal, civil and financial crimes, in any court of competent jurisdiction, across the world, where Foundation has an active presence, either through a legal body representation or an affiliate network.
7. The statutes of the Foundation and terms and conditions governing its functioning can be found here.
8. The Foundation members communicate via cryptographic electronic communications systems, and technology tools.
In connection to the electronic meetings convened by members of this council, Foundation’s IT infrastructure shall be used to record meeting minutes.
If the meeting took place outside the Foundation’s communications infrastructure, then the meeting minutes must be brought back to the notice of the Executive Council.