Terms and Conditions

Purchase and Fees

1. 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 may also be placed by emailing a Purchase Order for payment by invoice. Orders are binding once we have received payment or, where payment by invoice has been agreed, once the Client's account has been created with the requested number of Assessments.
2. Fees specified in the Order are normally paid online after completion of the Order Form. Online Fees are paid 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 may also be paid by check or Electronic Funds Transfer (EFT).
3. Where payment by check or EFT has been agreed, MySkillsProfile will issue an invoice to the Client. The invoice is payable within thirty days of receipt.
4. Except in the United Kingdom, all Fees are exclusive of taxes, levies and duties imposed by governmental or taxing authorities.

Ownership and Intellectual Property

1. MySkillsProfile owns all underlying Intellectual Property Rights in the Assessments, Feedback Reports and other Outputs it provides.
2. 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.
3. The Client authorizes MySkillsProfile to use data obtained through Assessments as Research Data for assessment validation, research, benchmarking and product development. MySkillsProfile will use only aggregated Research Data and present it in anonymous form.

Data Protection

1. Both parties shall at all times comply with applicable laws and regulations concerning the collection, processing, use and storage of Personal Data.
2. Where the Client resides within the European Economic Area (EEA), the Client agrees that MySkillsProfile may transfer Personal Data outside the EEA to provide Feedback Reports and other Outputs.
3. MySkillsProfile will protect Personal Data from unauthorized access and process it in accordance with the European Union's General Data Protection Regulation (GDPR).
4. MySkillsProfile will notify the Client of unauthorized access to or misuse of Personal Data, referred to as a Data Breach, as soon as reasonably possible after discovering it. MySkillsProfile will immediately investigate and take appropriate remedial action to mitigate its effects.

Further information is available in the Privacy Policy.

Limitations of Liability

1. Neither party shall be liable for loss of profits, revenue, contracts, anticipated savings, business, opportunity or goodwill, or for any indirect, special or consequential loss or damage.
2. MySkillsProfile's total aggregate liability arising out of or in connection with Products and/or Services purchased by the Client shall not exceed the price paid or payable by the Client under the Order.
3. Access to Products and Services delivered online depends on third parties such as Internet Service Providers. MySkillsProfile has no liability for inability to access its online system caused by Internet Service Provider performance failures.

Confidential Information

1. Both parties agree not to use and/or disclose Confidential Information to any Third Party. Confidential Information includes company strategy and policies, business processes, pricing, and information about employees, customers and suppliers.
2. The Client agrees that MySkillsProfile may disclose Confidential Information to Affiliates and Partners involved in providing Products and Services to the Client.

Termination

1. Either party may terminate an Order if the other becomes or is likely to become insolvent, or breaches any provision of an Agreement, including failure to pay Fees.
2. Upon Termination, the Client shall immediately cease using the Products and Services. MySkillsProfile reserves the right to charge the Client for continued use after expiration or termination of an Order.

Warranties

1. MySkillsProfile represents and warrants that its Products and Services will materially conform to the specifications describing them. If a defect is detected, MySkillsProfile will repair or make good the defect at no charge to the Client.
2. MySkillsProfile is not responsible for the Client's selection, administration, interpretation or use of Assessments. The Client acknowledges responsibility for complying with local regulations on assessment, profiling and data protection and will ensure its staff use Assessments in accordance with all relevant local laws, procedures and guidelines.
3. MySkillsProfile does not warrant or guarantee that its online services will be free from error, omission, interruption, defect, operational delay, technical inaccuracies, viruses or other harmful code.
4. MySkillsProfile does not warrant or guarantee that use of its Products and Services will produce business-improvement results for the Client.

General

1. Each party will comply with applicable laws in the countries where it operates, including securities, anti-corruption and anti-bribery laws, the US Foreign Corrupt Practices Act and the UK Bribery Act.
2. This Agreement is governed and construed in accordance with the laws of England and Wales. The parties agree to submit to the jurisdiction of courts in England and Wales to resolve disputes.

Definitions

• Assessment means an online assessment test designed to measure the behavioral style and attributes of a Candidate.
• Candidate means the assessed individual or test taker.
• Client means an individual or organization that purchases Products and Services from MySkillsProfile.
• Fees means the fees payable to MySkillsProfile for Products and Services purchased in the Order.
• Intellectual Property Rights means all trade names, trademarks, service marks, logos, trade dress and copyrights.
• Order means a written agreement describing the Products and Services 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 data or information provided by the Client to MySkillsProfile while completing an Assessment.
• Products and Services means the products and services described in the Order.