These Terms and Conditions govern the use of our Products and Services, and together with the Client’s Order constitute the Agreement between the Client and MySkillsProfile.
Purchase and Fees
- Orders are placed by completing our online Order Form and specifying the number and type of Assessments the Client requires. With our prior agreement, Orders can also be placed by emailing a Purchase Order for payment by invoice. Orders are binding once we have received payment for the Order, or once the Client’s account has been created with the requested number of assessments (where payment by invoice has been agreed).
- Fees as specified in the Order are normally paid by online payment after the Order Form is completed. Fees are paid online in United States dollars and are based on the numbers and types of Assessments ordered. Assessments purchased are non-cancellable and all Fees are non-refundable. With our prior agreement, Fees can also be paid by check and Electronic Funds Transfer (EFT).
- Where it has been agreed that Fees can be paid check or EFT, MySkillsProfile will deliver an invoice to the Client, and the invoice shall be payable by the Client within thirty days of receipt.
- Except in the United Kingdom, all Fees are exclusive of taxes, levies, and duties imposed by any governmental or taxing authorities.
Ownership and Intellectual Property
- MySkillsProfile owns all underlying Intellectual Property Rights in the Assessments, Feedback Reports and other Outputs that it provides.
- Upon full payment of Fees, MySkillsProfile grants the Client ownership of Feedback Reports and any other Output which the Client may download, copy, distribute, and modify.
- The Client authorizes to use data obtained through Assessments as Research Data for assessment validation, research, benchmarking, and product development. MySkillsProfile will only use aggregated Research Data and present the aggregated Research Data in an anonymous form.
- Both parties shall at all times comply with all applicable laws and regulations in relation to the collection, processing, use, and storage of Personal Data.
- Where the Client resides within the European Economic Area (EEA), the Client agrees that MySkillsProfile may transfer Personal Data outside the EEA in order to provide the Client with Feedback Reports and other Outputs.
- MySkillsProfile will protect Personal Data from unauthorized access and will process Personal Data in accordance with the regulations of the European Union‘s General Data Protection Regulation (GDPR).
- MySkillsProfile will notify the Client of any unauthorized access to or misuse of Personal Data (Data Breach) as soon as reasonably possible after discovery of the Data Breach. MySkillsProfile will immediately investigate and take appropriate remedial actions to mitigate the effects of the Data Breach.
Limitations of Liability
- Neither party shall be liable for any loss of profits, loss of revenue, loss of contracts, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, or any indirect, special or consequential loss or damage.
- MySkillsProfile’s total aggregate liability arising out of or in connection with the Products and/or Services purchased by the Client shall not exceed the price paid or payable by the Client to MySkillsProfile under the Order.
- Access to Products and Services delivered via online systems is dependent on third parties such as Internet Service Providers. MySkillsProfile will have no liability to the Client for any inability to access the MySkillsProfile online system due to performance failures of Internet Service Providers.
- Both parties agree not to use and/or disclose Confidential Information to any Third Party. Confidential Information includes information about company strategy and policies, business processes, pricing, and information about employees, customers, and suppliers.
- The Client agrees that MySkillsProfile is allowed to disclose Confidential Information to its Affiliates and Partners who are involved in the provision of Products and Services to the Client.
- Either party may terminate an Order if the other party becomes or is likely to become insolvent or breaches any provisions of an Agreement such as failure to pay Fees.
- Upon Termination, the Client shall immediately cease use of the Products and Services. MySkillsProfile reserves the right to charge the Client for continued use of its Products and Services after the expiration or termination of an Order.
- MySkillsProfile represents and warrants that its Products and Services will materially conform to the specifications describing the Products and Services. If any defect is detected in the Products and Services, MySkillsProfile will repair or make good such defect at no charge to the Client.
- MySkillsProfile is not responsible for the Client’s selection, administration, interpretation, and use of Assessments. The Client acknowledges that compliance with local regulations on use of assessment, profiling, and data protection is the responsibility of the Client. The Client will ensure that their staff use the Assessments in compliance with all local relevant laws, procedures, and guidelines.
- MySkillsProfile does not warrant or guarantee that the Client’s use of any MySkillsProfile online services will be free from error, omission, interruption, defect, delay in operation, technical inaccuracies, viruses or other harmful code.
- MySkillsProfile does not warrant or guarantee that the Client will realize any business improvement results by virtue of the use of the Products and Services.
- Each party will comply with all applicable laws of the countries where it operates, including all securities, anti-corruption, and anti-bribery laws, and with the US Foreign Corrupt Practices Act and the UK Bribery Act.
- This Agreement will be governed and construed in accordance with the laws of England and Wales, and the parties agree to submit to jurisdiction of courts located in England and Wales to resolve all disputes.
- ASSESSMENT means an online assessment test designed to measure the behavioural style and attributes of a Candidate.
- CANDIDATE means the assessed individual or test-taker.
- CLIENT is an Individual or Organization that purchases Products and Services from MySkillsProfile.
- FEES mean the fees payable to MySkillsProfile for the Products and Services purchased in the Order.
- INTELLECTUAL PROPERTY RIGHTS mean all trade names, trademarks, service marks, logos, trade dress, and copyrights.
- ORDER means a written agreement between the Client and MySkillsProfile describing the Products and Services that the Client is purchasing in the MySkillsProfile online Order Form or Client’s Purchase Order.
- OUTPUT means the Feedback Report provided to the Client for a Candidate taking an Assessment.
- PERSONAL DATA means any data or information provided by the Client to MySkillsProfile in the course of completing an Assessment.
- PRODUCTS AND SERVICES means the products and services described in the Order.