General terms and conditions, Garuda Tools
The terms and conditions consist of two parts.
The first part deals with the user’s rights and obligations in relation to the use/right of one or more of Garuda’s tools.
The second part deals with general conditions, processing of materials, termination terms and payment terms.
Any deviations from the general terms and conditions are specified in the licensing agreement between the user and Garuda (or the Garuda reseller).
Part 1 – Rights and obligations
- 1. SCOPE AND EXERCISE
Garuda Tools may not be used for purposes other than those for which it has been developed, i.e., analysis of personality as an introduction to interview in connection with selection, recruitment, screening, development and training of staff, and in connevtion with personnel and career planning.
The agreement grants the user a subscription which only entitles the user to use Garuda Tools and services in the organisation. The use of third parties, subsidiaries, agents, and others is a material breach of the agreement, which obliges the recurrence of a new fee for each breach found.
Users are obliged to follow the guidelines issued by Garuda (or the Garuda reseller) for the use etc. of the IT platform and for the use of Garuda Tools , cf. §3 and §10.
The employees of the user registered by Garuda (or the Garuda reseller) to serve Garuda Tools, cf. §3 of the Agreement, are only entitled to use Garuda Tools as part of their employment relationship with the user. Upon termination of the user’s leave, any right of the resigning employee to use Garuda’s tools ceases.
It is the user’s responsibility to inform employees of this and to take the necessary measures to ensure that the provision is complied with.
- 2. DEVELOPMENT
Garuda (or the Garuda reseller) undertakes, in so far as it is deemed to be in the user’s interest, to keep the user regularly informed of the results of its ongoing research into the development of Garuda Tools and into HR and management, personality assessment and personality development, as well as of any innovations to Garuda’s tools which this work may entail.
- 3. EDUCATION
Among the user’s employees, Garuda (or the Garuda reseller), according to the user’s details, trains several persons in the use of Garuda Tools.
Training takes place online or at a specific location, where time and place are agreed upon at the user’s request and Garuda’s (or the Garuda resellers) possibilities. Other information about user educations and certifications, including finance, can be found on Garuda’s website www.garudahr.com.
- 4. MATERIALS
The user is obliged to use only original materials from Garuda JobSpots.
Garuda (or the Garuda reseller) is in no way responsible for the user’s input into the Garuda online platform complying with legislation or rights.
- 5. IT PLATFORM
Garuda (or the Garuda reseller) provides a online support service included in the subscription price in connection with start-up and continuously in case of any problems in the operating environment.
The agreement provides consultancy services from Garuda (or the Garuda reseller) to the extent deemed necessary by Garuda (or the Garuda reseller). The consultant must therefore ensure, through contact with the user (free of charge to the user and approximately once a year), that the user has sufficient and appropriate knowledge in relation to Garuda and Garuda JobSpots.
The request for additional servicing or services provided by the user is made at Garuda’s (or the Garuda resellers) applicable prices.
Part 2 – General rules
- 6. TERMS OF PAYMENT
The annual fee can be adjusted in accordance with the price list by Garuda (or the Garuda reseller) at any time and shall be paid in advance prior to the effective date (starting date of the agreement).
If the parties agree that a new tool are to be included under the agreement, the subscription agreement will be replaced by a corresponding updated annex, which Garuda (or the Garuda reseller) will provide to the user.
Payment shall be made in all contexts, 8 days after the invoice date, unless otherwise is agreed with Garuda (or the Garuda reseller). In the event of late payment, interest shall be payable at the rate of 2% per month. If a reminder is sent, a reminder fee of EURO 15 shall be due each time.
- 7. TERMINATION
At the end of the contract, the user is obliged to return all material provided.
This includes manuals and data material established with the application, including all existing copies. Created rapports must be deleted at the end of the agreement and can no longer be used.
No compensation shall be granted for returned material.
- 8. MISCONDUCT / LIABILITY
Garuda guarantees that the IT platform provided operates essentially in accordance with the accompanying instructions from the time of delivery.
The guarantee provided in paragraph 1 implies that Garuda (or the Garuda reseller) will, at its discretion, provide remedial action, either in the form of support/administrative assistance or a refund of the subscription fee for the remaining period, against delivery of all the materials entrusted to the user by Garuda.
In the event of a breach of this Agreement, the aggrieved party shall be entitled to terminate the Agreement with immediate effect.
The aggrieved party shall be entitled to claim compensation for any loss in accordance with the general rules of Danish law or the law of the Garuda reseller.
In the event of a breach by the user, Garuda (or the Garuda reseller) is entitled to terminate the agreement and demand the immediate return of any material supplied and to close access to the Garuda online Platform. Upon termination of the contract, Garuda (or the Garuda reseller) shall not be obliged to reimburse the fee for the remaining part of the period.
It shall be considered a breach/misconduct if one of the parties suspends payments, opens negotiations for a composition, is declared bankrupt or goes into liquidation.
- 9. CONFIDENTIALITY
The user is obliged to treat information obtained using Garuda Tools as confidential. The user is also obliged to take all necessary and reasonable measures to prevent unauthorized persons from gaining access to the material.
This subscription agreement grants the user the exclusive right to use the material provided, including the IT platform. The ownership and copyright of all material provided, including the data material created with software (Garuda online platform), both written and electronic, shall always remain with Garuda and Garuda alone.
The material is protected by copyright under Danish law, international treaty and convention provisions and other relevant national rules.
The material generated may not be copied in any form without the permission of Garuda, nor for internal or private use.
The user may not lend, hire out, lease, or otherwise transfer Garuda materials, including software or copies thereof, in any form to third parties, including its own subsidiaries or agents.
- 11. PARTICIPATION IN RESEARCH AND DEVELOPMENT
The user is obliged to contribute to Garuda’s continuous research and development of Garuda Tools, which is generally done automatically via registrations on the IT platform, unless other is agreed.
Garuda’s registration of data transmitted by the user shall be carried out under complete anonymity so information cannot be related to specific persons.
- 12. REGISTRATION
The user is independently obliged to comply with the law, including the law on the processing of personal data, when processing personal data in connection with the use of Garuda Tools. Garuda (or the Garuda reseller) is not responsible for any illegal processing of personal data by the user in connection with the use of Garuda’s tools.
- 13. DATA PROCESSOR AGREEMENT
The parties have concluded a separate data processing agreement if it is necessary for the use of Garuda Tools.
- 14. APPLICABLE LAW AND JURISDICTION
Any disputes arising from this agreement shall be governed by Danish law, and it is agreed between the parties that the Court of Aarhus shall have jurisdiction over any legal proceedings between the parties relating to this agreement.