This document contains the general terms and conditions (hereinafter “GTC”) concerning the service provided by any company of Assessment Systems Group (hereinafter referred to as “AS”) for its Clients. Assessment Systems Group consists of following companies:
Assessment Systems International s.r.o., address: Sokolovská 131/86, Praha 8, Czech Republic, ID: 02869268, VAT ID: CZ02869268
Assessment Systems s.r.o., address: Sokolovská 131/86, Praha 8, Czech Republic, ID: 26702690, VAT ID: CZ26702690
Assessment Systems Hungary Kft, address: Dohány u. 12-14, Budapest, Hungary, VAT ID: HU14943720
Assessment Systems Slovakia, s.r.o. , address: Kutlíkova 17, Bratislava, Slovak Republic, ID: 36700665, VAT ID: SK2022273253
Assessment Systems Adria, Doo, address: Đure Đakovića 9, Subotica, Serbia, ID:107136285, VAT ID: 20747838 and it’s branch office at Vrbik 10b, Zagreb, Croatia, ID: 76528156414
Assessment Systems Poland sp. z o.o. , address: Ul. Puławska 12/20, Warszawa, Poland, ID: 146086770, VAT ID: PL5252532041
Assessment Systems Austria GmbH, address Cankarstraße 23/38, 1220 Wien, ID: 617882a, VAT ID: ATU80242248
Assessment Systems Kazakhstan and Central Asia, address: Syganak 14, Astana, Kazakhstan, ID: 160340005111
1. Services and Agreement
The specific services provided by AS are detailed in the Proposal provided to the Client and/or in the Contract of Services if signed with the Client.
The Proposal, the Contract of Services and this GTC together qualify as the Agreement between AS and its Client, which supersedes all prior agreements and understandings relating to its subject matter. In the event of any discrepancies, the provisions of the Contract of Services, the Proposal and the GTC shall prevail in this order.
2. Fees and Invoicing
AS is calculating the fees based on the complexity of the project and amount of consultancy, products and services to be delivered. The applicable fee calculation and/or price list for individual items is stated in the Proposal and/or the Contract of Services. For Agreements including delivery of reports from online assessments, the fee will be charged even if in fact the report was generated only by fault of the Client.
Unless stated differently in the Proposal and/or the Contract of Services, AS will invoice on monthly basis and issue invoice within 15 days after the last day of the month based on the amount of work delivered in the month. The date of payment is 14 days after the invoice has been issued in case there is no other agreement.
Generally, the contracted price does not contain the costs arising in connection with the service provided by AS. The costs (for example travel costs, accommodation costs, translation costs, logistic costs, legal fees, etc.) will be charged to the Client in addition to the contracted price.
AS shall attach a performance certificate to its invoices, which contains the list of services which were delivered and invoiced.
In case of default payment, AS has the right to charge default interest at the rate of 15% per annum or at the statutory rate provided by the applicable law, which one is higher.
3. Service Cancellation Policy
Cancellation of services is possible free of charge more than 15 days prior to agreed date. AS may charge cancellation fee in the following cases:
|Client cancels delivery
|3 – 15 days prior contracted date
|50% of the price of services along with all direct costs
|2 or less days prior contracted date or does not attend on the contracted date
|100% of the price of services along with all direct costs
4. Provision of Services
AS shall provide the services through its consultants, in whose selection, and provision AS will act to provide the necessary expertise and professionalism.
AS acts with due diligence and performs to its best standards. AS provides the best professional point of view in the time concerned.
AS draws attention to that the reports and the legal environment might change. The reports and methods are in continuous development, and AS provides up to date services. However, AS is not obliged to update its previous professional standpoints or assessment, nor the reports delivered based on such changes, only upon the specific request of the Client and based on a separate agreement.
AS aims to choose the best consultant for each work, who can do the work in the most effective manner, and at the same time in the most economic manner.
AS is available to Clients with administrative support Monday through Friday during normal business hours. AS shall provide to the Client a point of contact for Administrative Support which shall respond to Client’s telephone or email inquiries within 24 hours or the next working day.
The Client shall not, directly or indirectly, solicit the employment of any of the AS personnel involved in performing the services under the Agreement while the services are performed or for a period of 12 months after their completion or termination of the Agreement, without a prior written consent of AS.
In the event of breach of the non-solicitation provision under this article, the Client shall pay a contractual penalty of 20.000 EUR. The payment of contractual penalty does not affect the right of AS to compensation for actual damage if occurred.
6. Processing of Personal Data
All Personal data provided by the Client to AS in connection with the operation of the Client qualifies as strictly confidential information. AS is entitled to use the personal data only to perform its services based on the Agreement and AS shall not share them with a third party, except for companies from its own group, sub-processors and state or public authorities as the local laws may require.
In the course of providing the services and/or products to the Client pursuant to this document, AS (the Processor) may process Client’s (the Controller’s) personal data on behalf of the Client as per the terms needed to fulfil the service(s) in the Agreement. AS is authorized to engage a sub-processor if needed to fulfil part of the services. AS will provide the Client with details of the processing undertaken by the sub-processor upon request.
Client has the right, at any time, request deletion or return of personal data. Such request must be done in a written form. AS will delete or return the personal data within 30 days from obtaining such request from the Client. AS has the right to keep anonymized data for research purposes. AS is not responsible for the limitation or impossibility of providing its performance, if this is caused by the Client’s request to delete or return personal data.
Details of personal data processing by AS are available at General Data Protection Terms and form part of these GTC.
Parties agree to treat all information that become known to them during the term of the Agreement, including the content of the Agreement itself, as confidential and not at any time for any reason to disclose or permit to be disclosed to any person, except for companies from its own group and state or public authorities as the local laws may require, or otherwise make use of or permit to be made use of any information, know-how, business plans or finances or any such information, where the information was received during the period of this Agreement.
AS does not guarantee the safety and flawlessness of the electronically processed data, it might occur that the transmission is being monitored, it damages, or its safe usage cannot be guaranteed any more. Both Parties acknowledge that the total safety of electronic data transfer cannot be guaranteed by any methods or systems. Both Parties agree to make the necessary virus scan and cleaning before the data transmission. The Parties, in connection with the electronic communication, are liable only for the protection of their own systems. The parties are not liable for the damages occurred during or due to the electronic communication of the other Party.
9. Limitation of Liability
The liability of AS shall not exceed the fee paid by the Client concerning the provision of the services under no circumstances. The amount of the effective damage shall not include any indirect damage, profit loss or any other economic loss (including for example business loss). Client acknowledges that the fees are calculated by considering the above limitation.
The Client acknowledges that those services/products which are based on tests, could provide probabilities for the future. These tools however are not fully suitable to confirm or certify past events. The predictions made based on the tests are solely predictions and AS shall not be liable for their compliance with the future or reality.
AS shall not be liable if the delay in the deadline is a result of vis major – in particular natural disasters, political events, strikes, licenses outside the scope of the contractor, or administrative measures, etc. – as well as if the performance is impossible due to vis major that cannot be attributed to AS. This provision shall also apply if the events of the vis major is related to the performance of the subcontractor or Sub-processor.
For the professional services of AS, cooperation is important according to the followings:
Client shall provide all the information and data needed for the service of AS on time. AS has no liability for damages arising from using the information and documents provided by the Client, in the event these information and documents are not proper and/or correct and/or at variance with applicable law, or if they are not provided in due time. Client agrees that its employees will be available for requests from AS’s associates regarding information or data. In case there is a constant need for contribution from Client’s specific employee, it will be recorded in the contract.
If the Client orders services from a third party, which may affect the delivery of AS, Client agrees to ensure the proper communication between AS and the third party. AS is not liable for the quality, applicability and precision of such third party’s work, which is being used by AS during its delivery.
In case there is no other written agreement, AS assumes – without written proof to the contrary – that those employees of the Client, who orders service from AS, have right to represent the Client.
11. Documentation / Safety of the Documents
All the documents provided by the Client during the cooperation will be handed back by AS following the termination of the cooperation or the specific service, AS shall not preserve these documents. AS may keep all notes and documents which were prepared in connection with the provision of the services; AS shall not be obliged to provide these documents to the Client.
12. Copyrights and Intellectual Property
Client acknowledges that AS is the owner of all right, title and interest in and to the copyright and any other intellectual property rights of all the notes, documents prepared by AS – excluding those intellectual properties that are marked otherwise – and these rights shall remain in the property of AS after the accomplishment of the contract.
All techniques, methods used by AS to accomplish the services shall qualify as confidential information. Client shall not reverse engineer, decompile, or disassemble the scoring routines for the assessments in whole or in part.
13. Scheduling of Services
All deadlines concerning the services provided by AS will be defined in the Proposal or in the Contract of Services in agreement with the Client. In case AS shall need any document, data and / or information from the Client, and the Client does not provide them in time, it may result in rescheduling of the deadline of the service provided by AS. AS shall not be liable for damages arising from such late performance or rescheduling. In case AS is not able to keep the deadline, AS shall inform the Client about the delay immediately and parties shall agree on a new deadline.
14. Amending the GTC
The Client acknowledges by signing the Agreement that AS has the right to unilaterally modify the present GTC. AS shall notify the Client in writing on any amendments of the current GTC. The amended provisions shall be applicable for the services requested and agreed following the effective date of the amendment. The Client is entitled to refuse the changes or amendments of the GTC in writing and, as a result, terminate the Contract of Services with a notice period of 30 days. If the Client does not use this right to terminate the Contract, the Client is bound by the new amended GTC.
15. Applicable law
The Agreement shall be governed by the law of the country of the registered seat of the respective company of the Assessment Systems Group which is the party to the Agreement, excluding its conflict of laws provisions.
All disputes between the parties arising from the Agreement or in connection with it shall be settled exclusively by the courts of the country of the registered seat of the respective company of the Assessment Systems Group which is the party to the Agreement, which competence shall be determined according to the criterium of the address of this registered seat.