Terms and Conditions
This website and service are offered to you by Getting Competent, established in the Prishtina, Kosovo (in the process of being formed) and registered under number 5117792-4. Where reference is made to ‘we’ or ‘Getting Competent’ this refers to Getting Competent Association and its subsidiaries.
In these General Terms and Conditions (hereinafter to be referred to as ‘these Terms and Conditions’) of Getting Competent the terms below will have the following meanings:
- Services: all services to be provided by or on behalf of Getting Competent.
- User: person employed by, or otherwise engaged in, the Client’s organisation who is in possession of a personal login account to make use of the Online Services.
- Conditions of Use: the conditions attached to the use of Online Services and that Users must accept when creating an account.
- Quote: every quote, offer and/or estimate issued by Getting Competent to the Client with respect to the provision of any service or product, includingthe provision of Online Services and associated matters.
- Online Services: the provision of online access to software and/or content and Services which serve the purpose of facilitating access to online training materials and the management thereof via the Getting Competentonline learning environment.
- Client: any natural person or legal entity with whom or which Getting Competent is entering, and/or has entered, into a legal relationship.
- Order: a request by the Client to Getting Competent to enter into an Agreement with respect of the provision of Services.
- Agreement: any agreement and/or other type of legal relationship(s) between the Parties with regard to the provision of Services, including Quotes accepted by the Client and Orders accepted by Getting Competent, any change thereof or supplement thereto, as well as all (legal) acts relating to the execution of that Agreement/those Agreements.
- Parties / Party: The Client and/or Getting Competent.
- These Terms and Conditions are applicable to all Quotes, Orders and Agreements as well as to the execution of these. These Terms and Conditions can only be deviated from with prior written permission from Getting Competent or by means of a written agreement about this between Getting Competent and the Client.
- Getting Competent reserves the right to change these Terms and Conditions unilaterally. Getting Competent will notify the Client of such a change in writing or by e-mail at least 14 days prior to the change.
Conditions applicable to online services
- The use of Online Services is reserved to Users authorised by Getting Competent. Before being able to make use of the Online Services, Users must agree to the Conditions of Use.
- The Client must create a separate personal login account for each User.
- It is not permissible to offer login accounts on to third parties.
- Login accounts or login details may only be issued outside the Client’s circle following prior consultation with and approval by Getting Competent.If Getting Competent discovers long-term or frequent breaches by the Client of the provisions laid down in this Article, Getting Competent reserves the right to suspend the provision of the Online Services. In the event of repeated breaches, Getting Competent is entitled to dissolve the Agreement with immediate effect, without notification, in which case the Client will not be entitled to a refund by Getting Competent of any amount.
- Getting Competent does not give any guarantees with respect to the functioning of the Online Services on the computer systems of the Client and its Users.
- Getting Competent will at all times make every effort to execute the provision of the Online Services in an optimal fashion. If the provision of these services is nevertheless interrupted at any point in time, this will notgive the Client the right to a (partial) refund or discount. In that case the Client will not be entitled either to offset and/or suspend its payment obligations towards Getting Competent.
- The Client’s obligation to pay fees continues to be applicable, irrespective of whether the Client and its Users actually use the Online Services.
- Getting Competent is entitled to expand, adapt or remove the (parts of) its offering and the content of its Online Services. Getting Competent will onlyadapt or remove content if this is to the benefit of the content (for example, when outdated content is updated) and after giving the Clientprior notice to this effect. In that case the Client will not be entitled to a refund or discount.
Obligations on the part of the Client
- The Client is responsible for the information provided to Getting Competent, the use of the Services, and keeping access to these and the use of these confidential. The Client undertakes to use the Services within the limits of the provisions laid down in the Agreement, these Terms and Conditions and the applicable laws and regulations, including the Personal Data Protection Act (General Data Protection Regulation).
- The Client guarantees that the information provided by it to Getting Competent is correct in all respects and is not misleading. In the event of any changes to this information the Client will immediately inform Getting Competent.
- The Client is not allowed to rent or sell the information and Services provided by Getting Competent (in full or in part), including Online Services and Products, to third parties, to make these available to third parties in some other way, or to commercialize these without Getting Competent’s prior written permission.
Payment and fees
- Invoices are shown in a list of invoices in the Client’s administration environment. On request the invoices will also be sent by e-mail or, where applicable, by post.
- Unless otherwise agreed, payment by the Client must take place on or before the due date shown on the invoice. The Client is not entitled to offset or suspend its payment obligations towards Getting Competent.
- Unless otherwise agreed, special offers and discounts are one-off only. When renewed by operation of law, every Agreement will be renewed as an Agreement to which no special offers and/or discounts apply.
- If the Client fails to settle the amounts owed by the due date as described in paragraph 4 of this article, Getting Competent will be entitled to suspend access to Online Services with immediate effect and without prior notice. If the Client still fails to settle the outstanding amount after having received a reminder and demand for payment, the Client will be given notice of default and will owe the applicable statutory interest on the outstanding amount and will also be obliged to pay the extrajudicial collection charges. In the event of default, Getting Competent also reserves the right to terminate the agreement with the Client with immediate effect, without prejudice to the Client’s obligation to fulfil its payment obligations to Getting Competent.
- Getting Competent is entitled to adjust the fee(s), prices and rates as per 1 January of each calendar year in accordance with the Consumer Price Index.
Non-disclosure, Non-competition, Intellectual Property
- Getting Competent undertakes to observe secrecy with regard to all information relating to the Client of which the Client has explicitly let it be known that confidentiality is essential for the Client.
- The Client will keep all commercial, strategic and technical information, knowledge and/or other information that comes to its attention with regard to Getting Competent, strictly confidential and will not make statements about this and/or give third parties insight into this.
- Paragraphs 1 and 2 of this article may only be deviated from, if: i) the information was already in the public domain before the Agreement was concluded, ii) prior written permission was obtained from the Party in question for such a specific deviation, iii) that information has to be made public as a result of an authorized order issued for that purpose or court decision, in which case the Party in question will inform the other Party of this beforehand, unless that is prohibited by law, or by virtue of the authorized order or the relevant court decision.
- The Client is not allowed to carry out work on its own account or in collaboration with others or to have others carry out work that competes with the Getting Competent’s Services and Online Services without GettingCompetent’s explicit prior written permission.
- All intellectual property rights (hereafter: ‘IE rights’) on the Services and/or Online Services provided within the framework of the Agreement are vested exclusively in Getting Competent and/or its licensors. There is nothing in these Terms and Conditions to imply a transfer of IP Rights.
- The Client is not allowed to multiply and/or transfer the software and/or content of the Getting Competent Services and/or Online Services without Getting Competent’s prior written permission.
- The provisions laid down in this article will also remain in effect after the termination of the Agreement.
Limitation of liability, relinquishing of guarantee, indemnification
- The Client acknowledges and accepts that the Getting Competent Online Services are being offered as they are, without additional services from Getting Competent.
- Getting Competent does not make any statements and does not give any guarantees of any nature whatsoever with respect to the suitability of the Online Services for any particular purpose or that the use of the Online Services will not violate any patents or copyrights.
- The Client declares that it will not hold Getting Competent liable with regard to any claim by the Client whatsoever arising from the use of the Services. The Client indemnifies Getting Competent against any liability or claim by all third parties that arises from or through the use of the Services.
- Every liability of Getting Competent arising from or in connection with (the execution of) an Agreement with the Client will be limited to the maximum amount paid out in that case under the liability insurance taken out by Getting Competent. If, for whatever reason, the above-mentioned insurance does not give entitlement to a payment or no payment takes place, Getting Competent’s liability will be limited to no more than the amount invoiced to the Client by Getting Competent and paid by the Client in the most recent contract year. Getting Competent is in no way liable for any form of indirect damage or damage arising from the use of its Services and/or Online Services.
- The limitation of liability in the previous paragraph will lapse if the Client has suffered damage as a result of intent or deliberate recklessness on thepart of Getting Competent.
Personal data protection
- The parties will enter into a data processing agreement in which they lay down their agreements with respect to the exchange and processing of, aswell as the handling of personal data.
- Getting Competent will process the personal data of the Client and its Users, within the limits of the statutory rules and the objectives of Getting Competent and the Client respectively, in a proper, careful and safe manner. Getting Competent will do so under its own responsibility.
Term of the agreement; Termination
- The rights and obligations contained in these Terms and Conditions and the provision of and access to Online Services are transferable to third parties by Getting Competent without this giving the Client the possibility to dissolve the Agreement. This does not alter the fact that the then title holder must respect and continue the rights and obligations of Getting Competent arising from the Agreement. The Client is not permitted to transfer the Agreement and/or any of its rights or obligations in this respect, without the Getting Competent’s explicit prior written permission.
- All amounts owed on account of and/or arising from the Agreement(s) will become immediately payable and due in full, without notice of default being required and without prior intervention of a court, if the Client applies for a suspension of payments or is put into liquidation, or if the Client is a legal entity which is being dissolved. In the above-mentioned cases – in addition to the rights referred to in these Terms and Conditions – Getting Competent is authorized to terminate the Agreement with immediate effect.
- If it is established that any of the provisions described in these Terms and Conditions is unlawful, invalid or impracticable, the Parties will try to replace the provision with a provision that is as closely in line with the provision to be replaced as possible. The other provisions of these Terms and Conditions will remain in full force.
- These Terms and Conditions are governed exclusively by Kosovo law.
- Any disputes relating to the Agreement, these Terms and Conditions, or agreements that are entered into pursuant to the Agreement, will be exclusively submitted to the competent court in Prishtina.
- In the event of contrariety between the various documents containing agreements between the Parties, the following order of priority will apply:
- The agreement;
- The data processing agreement;
- These terms and conditions;
- Any additional terms and agreements.
Getting Competent, August 1, 2020