TERMS AND CONDITIONS 2019

These Terms of Business govern the services which A&D Resources provides to its clients, unless otherwise agreed.

1. Scope of services

1.1. A&D Resources undertakes to provide qualified assessment, training, coaching and consulting services, and will, on an ongoing basis, agree with the client the nature of the services to be provided by A&D Resources and the scope of each assignment as well as the involvement of and the services to be provided (if any) by others.

1.2. On acceptance of the client’s instructions, A&D Resources will, on request or at its own initiative give the client an estimate of its fee, considering the nature of the services requested, in an agreement taking the form of a Statement of Work or Letter of Engagement.

1.3. The client will be granted all necessary rights to the written material created in the course of A&D Resources performance of the services. However, all copyrights and other intellectual property rights in the material are, and remain, vested in A&D Resources and/or its third-party content providers.

2. Hogan support and HALO administration

2.1. A&D Resources offers support to its clients through a hot line (telephone no. +45 4585 1515) and info-mail (info@adresources.com). The hot line is open Monday through Friday during office hours 8.30 to 16.30 CET. E-mails will be replied within 24 hours on working days Monday through Friday.

2.2. As authorised distributor for Hogan Assessment Systems in Denmark and the Benelux region, A&D Resources will train clients in the use of HALO, Hogan Assessments’ online administrative platform. Initial training sessions will be provided free of charge for one administrator in each client legal entity. The client may request additional training sessions for a fee.

3. Fees and invoicing

3.1. A&D Resources’ fees are based on the scope of the services requested, the time spent at an hourly or daily rate to be agreed upon from time to time, plus direct expenses.

3.2. A&D Resources may purchase local support from the Hogan Distributor network in other locations on behalf of the client at local terms with the prior approval of the client.

3.3. All expenses and disbursements associated with the work performed by A&D Resources, including charges (if any) paid to third parties on behalf of the client, reasonable travel and hotel and external transmission costs will be added to the fee payable by the client for the services provided by A&D Resources. Flights outside Europe will be Business Class and a half day’s fee will be added per travel day.

3.4. A&D Resources will add a 5% surcharge on top of all fees, expenses and disbursements to cover support and administration costs.

3.5. Assessment reports, coaching and consultancy services are usually invoiced at the end of the month in which they have been delivered to the client. The number of sessions/consulting days in the SOW (Work Order) will form the minimum for invoicing whereas additional sessions/consulting days will be added to the invoice according to the stated unit price. Training and certification services are invoiced when the client has requested the service.

3.6. The Payment terms are 14 days net from the invoice date. In case of late payment, interest will be charged in accordance with the provisions of the Danish Interest Act. The invoiced amount is payable net of any local taxes in the jurisdiction of the client.

4. Cancellations

4.1. A cancellation fee will be charged in each case where a scheduled one-to-one session with A&D consultants (e.g., coaching, feedback, development plans) is cancelled or rescheduled less than five working days ahead of the scheduled time. This cancellation fee will correspond to 50% of the fee payable for the services.

4.2. Cancellation or change of reserved consulting days (e.g. as part of Project or Team sessions) less than 20 days before delivery will be invoiced 50% of the fee, less than 10 days before 75% of the fee and less than 5 days before 100% of the fee.

4.3. A cancellation fee will be charged in each case where participation in a training workshop is cancelled less than 10 working days ahead of the first day of the workshop. This cancellation fee will correspond to 75% of the fee payable for the workshop when the cancellation notice is received five to 10 days ahead of the workshop and to 100% when the cancellation notice is received less than five days ahead of the workshop.

5. Confidentiality and data protection

5.1. All information and data received from or about the client will be treated in confidence. Everyone at A&D Resources is obliged to observe an extended duty of confidentiality, and A&D Resources adheres to applicable procedures to ensure the effective protection of all confidential and personal information and data.

5.2. In the use of A&D Resources’ services, it is the responsibility of the client to ensure that any and all consents, authorizations and notifications have been obtained and/or submitted in accordance with applicable law, including any data protection legislation.

5.3. Data processing by A&D Resources on behalf of the client is regulated separately in a data processing agreement concluded between the parties.

6. Limitation of liability

6.1. A&D Resources is liable for the services provided in accordance with general rules of Danish law.

6.2. The liability of A&D Resources, its directors and staff is, however, limited to a maximum of DKK 100,000 for all aggregate damages and/or claims that may arise from A&D Resources’ performance of services.

6.3. A&D Resources, its directors and staff are not liable for any consequential loss or other indirect loss, including loss of profits, data, goodwill, image, fines etc.

6.4. A&D Resources, its directors and staff are not liable for any errors committed by subcontractors engaged by A&D Resources with the prior agreement of the client. For the sake of clarity, it is noted, that A&D Resources, its directors and staff are not liable for claims arising from the services provided by Hogan Assessment Systems.

7. Applicable law and jurisdiction

7.1. Any dispute arising out of or in connection with the advice rendered by A&D Resources and these Business Terms are subject to Danish Law.

7.2. The Danish courts shall have exclusive jurisdiction to settle any claim or dispute between A&D Resources and the client.