These general terms and conditions apply to all agreements and offers for services and products, including subscriptions, between commercial clients and Ixly BV, established in Utrecht Ch. of Comm. Utrecht: 30204571, VAT no.: 8145.04.395.B.01
The ratesare excluding VAT. The payment term is 14 days. In the event of exceeding of the payment term, statutory interest can be charged. In the event of late payment we will have the right to deactivate the service without any right to refund. Ixly BV retains the right to adjust the rates for tests and subscriptions in the interim. These rate changes will be notified at least one month in advance. Most of the invoicing will take place automatically, on the first workday of every month. The use of the web applications during the previous month and the licences for the next month will be charged. As the client/commissioning party you are responsible for checking the accuracy of invoice details in the system. Late payment may result in deactivation of accounts in the web applications, without suspension of the payment obligation
An agreement will come into effect by registration through one of our websites where these terms and conditions can be read, or by signing an offer. The minimum contract period is 12 months, following which the contract can be cancelled monthly, with a notice period of one month. There is no right of refund of unused credits when cancelling the subscription. Both parties can at any time terminate the agreement for any reason whatsoever. The original contract term and the notice period must be observed thereby. Refunds will not be issued. You are not permitted to transfer advantages or obligations ensuing from the agreement in any manner whatsoever to third parties without prior permission in writing from Ixly BV. If this agreement is terminated in conformity with the terms and conditions, neither Ixly BV nor you can be held liable for damage or loss suffered by the other party.
Ixly BV retains the right to refuse a request for an agreement without stating reasons. The standard Data processing agreement forms part of the general terms and conditions and has been included as an appendix.
You acknowledge and will unconditionally take note of the fact that services, content, source codes and information on the website are protected by Ixly BV’s copyright, trademarks, service marks, or other property rights and laws.Neither the agreement nor the use of Ixly BV products will give you any right to copyright or trademark, and this will not affect in any manner whatsoever Ixly BV’s exclusive property rights to the copyright and trademark. You agree that you will not in any manner whatsoever change, copy, reproduce, rent out, give in loan, sell or redesign the content of the website. This applies also to the tests, the code and the software.
Intellectual property of your database and content
You have the ownership of your own database, for all applications. This means that you can request an export of your data, including user data, test data and results,and content in the 360-Toolkit and the Process-Toolkit. However, this may involve costs for providing this data, for data export, depending on the nature and volume of the data.
Guarantee provided by commercial users
If you use the website as a professional and use the product to advise other parties you will guarantee that: you are competent, qualified, licensed, or authorised to use psychological tests for the various fields in which you are employed, such as assessment, coaching, providing training and Human Resource Management. All this is in accordance with the applicable legislation and regulations (in your country).
You will act and make use of the product in accordance with national and international professional standards and professional ethics. You will act and make use of the product in accordance with the national and international legislation and regulations, instructions and guidelines and all other applicable government rules or rules of semi-public institutions.
Ixly BV can for specific services or products test your reliability and knowledge as a professional prior to providing you with access to this service. Ixly BV retains the right to refuse you access without stating reasons.
The protection of your privacy is of the utmost importance to us. We apply the following rules when dealing with your information: we do not pass on any personal information to third parties. All information is saved and processed in a secure environment. At the expiry of your account all personal information will be removed from our database. Your test results and other personal information will only be used in an anonymous form for statistical analysis. The reports will be automatically removed after two years. A shorter period is possible if you deem this to be desirable.
Ixly BV retains the right to use the information related to professionals and their clients in a complete and anonymous form for the further development of the tests and its services. This applies – but is not limited – to research, for example for the development of norm groups and the conducting of statistical analysis. Ixly BV will never make direct contact in writing or in another manner with you or your clients, unless you have expressly requested this to ensure the correct provision of service.
Ixly BV has implemented an extensive information management system to safeguard information security. This management system describes all measures that have been taken to safeguard the confidentiality, the data integrity and availability of your details. This management system is annually assessed by an independent party.
Liability
Any liability with regard to the use of the product, or with regard to the termination of the agreement, in particular related to the interpretation and conclusion of test results and the loss of data, is excluded. The product contains information that can be used and can assist in making a decision, but can never be relied on as a sole source of information. Ixly BV cannot be held liable for misuse of your personal password or your candidates’ passwords.
Although Ixly BV spends a lot of time on ensuring the quality and availability of its online services we do offer our service on an “as it is” basis. This means inter alia that we do not provide any guarantee that our services and the content of the website will be available in an uninterrupted and timely manner, secure or free of errors. The current state of affairs on the internet and the speed and reliability of connections prevent the provision of guarantees. Over the past years we have achieved an availability of 99.5% or higher, however no rights can be derived from that.
No complaint whatsoever will be officially regarded as submitted unless the complaint is made in writing or by email to Ixly BV, within two weeks after you discovered the shortcoming or error, or reasonably could have discovered this, together with a specification of all details that are related to the subject and the nature of the complaint. Complaints can only be submitted in Dutch orEnglish.
This agreement will be governed and interpreted in accordance with Dutch law. TheUtrecht (the Netherlands) District Court has exclusive jurisdiction concerning claims ensuing from this agreement.
The TestToolkit offers the option to request tests through an API through other software systems and to integrate these in HR processes. It is conditional forthis that tests will always be made available on an individual basis after login codes and will not be available to the public. The client must provide access in advance to the application within which the test will be conducted.Ixly BV can provide permission for making (specific) tests available through the API. Ixly BV has the right to monitor the use in accordance with the arrangements made and will be entitled to terminate the cooperation if the application is not in accordance with the arrangements made. The party that requests tests through the API must have sufficiently competent IT personnel available and must have a sufficiently stable system available in order to be able to set up the API properly. Ixly BV exclusively offers for the provision of service through an API a helpdesk for those who are responsible for the proper functioning of the system and not directly to (end) users and candidates.
Ixly BV
