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ProfiPilot, s. r. o. (hereinafter referred to as the “ProfiPilot”) with its registered seat at Pavla Kyrmezera 12/1096, 91441 Nemšová, Slovak Republic, company ID No.: 46 279 741, registered with the Commercial register of the District Court Trenčín, section: Sro, insert no.: 24852/R, is a company specialized in different kinds of training and checking of pilots, cabin crew, technical and other aviation staff and providing the other aviation services as agreed between Customer and Provider.
These General Terms and Conditions (hereinafter referred to as the “GTC” or “LTB/LAB/LTB GTC”) are governing the relations between the Customer, Supplier and Provider, its employees, officers, agents, staff members and other subcontractors as the case may be. These General Terms and Conditions form a part of any written acknowledgement from Provider, Supplier or any agreement between Customer and Provider or Customer and Supplier or Customer, Supplier and Provider for ordered Services provided by Provider or Supplier. The Contract or Service agreement concluded between Customer and Provider Customer, Provider and Supplier and between Customer and Supplier is automatically subject to the provisions of the General Terms and Conditions in force at the time of signing such a contract or agreement. In the absence of the signed Contract or Service agreement Customer automatically accepts these General Terms and Conditions by making use of Provider´s Services regardless of whether the Service is provided Supplier and delivered by the Provider or is provided directly by the Provider. Any future change to these General Terms and Conditions shall not affect the content of the Contract or Service agreement of the Parties (i.e. the General Terms and Conditions valid on the day of signing of the Contract or Service agreement or on the day of commencement of using the Services provided by the Provider, shall always apply). Provider will make available on its website all versions of these General Terms and Conditions. In case of discrepancy between these General Terms and any written agreement in which is referred to these General Terms and Conditions, the written agreement or specific contract supersedes these General Terms and Conditions.
1.1 The capitalized terms shall have the meaning indicated below and shall apply both in the singular and plural:
Supplier means the company ProfiPilot s.r.o., which is holder of Certificate No. SVK.LAB.04 issued by the Transport Authority of Slovak Republic and is authorized to conduct the services related to the language and phraseology training, theoretical knowledge instruction, checking, assessing, and rating of aviation staff competence to the extent indicated in Certificate. This service is commercially branded as Aero Language.
Exam candidate means (i) a person who uses any of the services provided by Supplier and/or Provider personally by himself and (ii) for the purpose of these General Terms and Conditions the term Exam candidate also refers to the staff member of the Customer, Customer´s contractor or the Customer-designated person in case of B2B cooperation to whom are the Services provided based on the specific Contract concluded between the Provider and Customer, Supplier and Customer and the Provider, Supplier and Customer on behalf of the Exam candidate.
Candidate means a person who is interested in providing services provided by Supplier and/or Provider other than language proficiency examination.
Certificate means the course completion certificate issued by Supplier after the Customer passes the course, exam or any other provided service.
ICAO language proficiency certificate means the certificate required by the ICAO International Regulations, Commission Regulation (EU) No 1178/2011 and by the competent aviation Authority which issued the license or certificate and issued by Supplier to Customer after attending the ICAO language proficiency exam and subsequent exam rating.
Contract includes these General Terms and Conditions, any agreements to which they are attached and/or any documents to which they refer to (offer, mutual agreement, purchase order, invoice, e-mail, etc.) Contract further means the services agreement concluded between the Provider and Supplier, or Supplier and Customer or Supplier, Provider and Customer.
Customer means (i) the business company using the Supplier’s services for its own personnel, contractors or staff members based on specific agreement concluded with Provider or (ii) the natural person using the Supplier´s services based on specific agreement with Provider.
Customer´s representative means the representative person of Customer allowed to act in specific roles on behalf of Customer.
B2B cooperation refers to business (based on Contract) that is conducted between Provider or Supplier and business company.
Supplier´s staff member means employee, agent, sub-contractor, freelancer, associate or any other personnel involved into the Supplier´s operations and services provided by Supplier and at the same time by Provider authorized for this purpose.
Assessment or Exam means general name for the test (“language proficiency exam”), phraseology exam (IFR or VFR) or any other exam conducted by the Supplier or Provider in accordance with the appropriate Operations manual or its Parts.
Operations manual means the internal regulations modifying the procedure of the Supplier or Provider staff members when providing the Services.
Language proficiency examiner or LPE means the person who is nominated by the ProfiPilot, s.r.o. and accepted by the competent Authority and is in charge to conduct a language proficiency exam and first level of language proficiency rating, in accordance with the requirements of the Operations manual.
Language proficiency rater or LPR means the person who is nominated by ProfiPilot, s.r.o. and accepted by the competent Authority and is in charge to conduct a rating of the language proficiency exam, in accordance with the requirements of the Operations manual.
Language proficiency trainer or LPT means the person who is in charge to conduct language proficiency training and theoretical knowledge instruction, in accordance with the requirements of the Operations manual and internal regulations.
Vis Major means the circumstances independent of the will of the Supplier, Provider and Customer and which result in the impossibility to conduct obligations described in the Contract or impossibility to provide the requested Service. Vis Major means in particular, but not exclusively: acts of state or governmental measures in general including supervising Authority, acts of war and terrorism, strikes, traffic jams, labor shortages, shortages of raw materials, shortages or unexpected disruption of equipment or means of transport, breakage of machines, fires, floods, storms, explosions, and other natural catastrophes. Any situation which cannot be predictable or forecasted may be considered as Vis Major.
Aero Language General Terms and Conditions or TSP/LTB/LAB GTC means these General terms and conditions and any modifications made to them. Any modification, amendment, change or deviation from these General terms and conditions may only be done in the written form – in the Contract provided all parties concerned agree with it. In case of any doubt, the definitions agreed in the Contract are superseding this General Terms and Conditions.
ICAO means the International Civil Aviation Organization.
EASA means the European Aviation Safety Agency.
FAA means the Federal Aviation Authority.
CAA, NAA or Authority means the Civil Aviation Authority or national aviation authority in general. The meaning should be described by the context in detail.
GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Intellectual Property means the rights to brands, trademarks, drawings, patents, copyrights, sui generis rights on databases, software rights, rights on know-how and other intellectual property rights, whether registered or not, as well as any application for any of the above-mentioned rights and any other rights aiming to provide similar protection or similar effect on one of the above rights, wherever in the world this may be.
Service Fee means the price to be paid by the Customer for the Service or Services provided by Supplier or Provider to the Customer.
Service means the service in general provided by Provider to the Customer or to the employees or staff members of the Customer. It may be either training, theoretical knowledge instruction or exam each provided by any means. Service can be provided by Supplier.
Electronic communication services are services which enable remote communication of the Customer with the Provider and/or Supplier through special technical and program equipment.
Session means the session during which the services of theoretical knowledge instructions are provided by the Supplier.
Website means the website – www.language.aero.
Course or Courses a pre-determined set of instructional activities and/or materials structured as a training course and set out in a Syllabus, as more fully described in the Contract.
Equipment is the training device used by the Provider when providing its Services.
Provider means the company Crew Concept, s.r.o. and the company ProfiPilot Aero, s.r.o., which are allowed to provide the Services of the Supplier. Provider is in a contractual relationship with the Supplier.
Syllabus is a document specifying the contents (i.e. the subjects covered, and the training equipment used) and duration of the Services. Specifically, the training services.
Materials are manuals, handbooks, recordings, presentations and any other associated materials used or created during or for purpose of the Service, including any software or electronic media.
Training Services are the services for the purpose of the training or theoretical knowledge instruction provided by Provider further specified in the Contract at the location indicated therein.
Trademark means the trade name ProfiPilot, or Aero Language, used by the ProfiPilot, s.r.o. company for the provision of aviation language examination.
Contract means the services agreement concluded between Provider and Supplier, or Supplier and Customer or Supplier, Provider and Customer .
Party or Parties means the Supplier, Provider and/or the Customer who entered into the contractual relationship based on the specific Contract.
2.1 Customer expressly agrees with theseLTB GTC by ordering any of the services provided by Supplier and/or Provider or the service provided on their behalf.
2.2 In the absence of written Contract, any reservation of Services by the Customer shall imply agreement by the Customer with the latest proposal made by Provider and in any way with this LTB-GTC. The Contract (as it may be amended pursuant to its provisions) constitutes the entire and complete understanding of all parties involved on the subject matter hereof. The Customer agrees that the Provider will award delivery of the subject-matter of Contract to Supplier for the actual performance of the contracted Services. The rights and obligations of Parties contained in the Contract shall for those certain Services be effective between Customer and Provider. Supplier is and remains the holder of all Intellectual Property rights related to the provided Services.
3.1 The general information about Provider´s aviation language services are available on www.language.aero. Customer is also entitled to ask for further information about services, regulatory and other service requirements and pre-conditions, contacting email@example.com by e-mail.
3.2 Customer shall convey all information about Exam candidate or Customer to whom the Service will be provided to the Provider prior to the Confirmed date of the Service.
3.3 Customer himself is responsible for compliance with any requirements for Exam candidate qualifications, experience, language skills, proficiency and all other requirements related to the particular Service.
3.5 If the Service completion certificate is required for the legal endorsement of the license, Customer is ultimately responsible for contacting the issuing Authority whether the Authority accepts the Services provided by the Provider or Supplier.
4.1 Provider shall deliver Supplier´s Services to Customer, under the terms and conditions described hereunder.
4.2 All Services shall be provided
i. according to the ProfiPilot training programs,
ii. according to the ProfiPilot Operations manual for training or checking,
iii. at Supplier´s or Provider´s operational sites, unless stated otherwise,
iv. online through third party information systems and software.
4.3 Language course, examination and language proficiency assessment services are provided by an independent staff member who acts in his own name outside the employment law structures of the Supplier or the Provider.
4.4 Supplier provides the administrative background for the needs of examinations and language courses and is subsequently responsible for issuing the ICAO language proficiency certificate
4.5 Supplier may assign any other subcontracting entity to provide the Services on his behalf under conditions stated in Operations Manual. In this case, Supplier waives responsibility for the actions of the subcontractor.
4.6 Provider shall fulfill its obligations with all the reasonably possible diligence. Customer is obliged to provide the Provider
and Supplier with all necessary cooperation in order to be able to fulfill the obligation arising from these LTB GTC and from the Contract.
4.7 The responsible staff member is obliged to provide the Customer with the Services in compliance with the conditions of the LTB GTC and the individually agreed Contract with the Customer, unless a major technical, organizational, legislative or personnel obstacle arises on the part of the Supplier´s staff member, Provider or Supplier which does not allow the Supplier to and which he could not have foreseen when taking over the instruction. The Supplier´s staff member is obliged to inform Customer about such a fact without delay. Neither th Supplier´s staff member, Provider nor Supplier shall be liable for damages arising from non-service to Customer as a result of legislative or governmental restrictions, changes in legislative rules or that force majeure events have occurred which prevent Supplier´s commitments (eg natural disaster, war, terrorist attack, strike, etc.).
4.8 Customer shall prove his/her identity by a valid certificate of identity, biometric face verification or the Customer’s signature under the provision that it coincides without any doubt with the Customer´s signature in the Signature Specimen of these GTCs upon creation whereof the Customer proved his identification by means of the certificate of identity. As concerns the providing of Service using technical classification the identity shall be proved in the form of a special identification number or a similar code that the Provider or Supplier assigns to the Client and an authentication code agreed between the Supplier or Provider and Client or in the form of an electronic signature pursuant to the special Act.
4.9 For the purpose of investigation, verification and control of the Customer identification, the Customer is obliged even without prior consent of the persons concerned upon each Service provision request:
i) in the case of a natural person, the name, surname, birth identification number or date of birth, if birth identification number was not assigned, permanent address or other residence, nationality, finding the type and number of identity document; in the case of a natural person entrepreneur, also the identification of the place of business’s address, the identification number, if assigned, the designation of the official register or other official registry in which the entrepreneur is registered and the number of the entry in that register or registry, ii) in the case of a legal person, the name, address of the registered office, the identification number, the official registry or other official registry in which the legal person is registered and the number of the entry in that register or registry and the identification of the natural person entitled to act on behalf of the legal person, iii) in the case of a minor who has no identity card, the name, surname, birth number or date of birth, if the birth number has not been assigned, the permanent or other residence, the nationality of the minor and his / her legal guardian, iv) contact telephone number and e-mail address, if available,
b) enable to get it by copying, scanning it or otherwise recording these:
i) personal identification data from the identification papers in the following extent: title, name, surname, maiden name, Personal Identification No., date of birth, place and district of birth, permanent residence, temporal residence, nationality, a record on conditional competence to perform legal acts, type and number, issuing authority, date of issue and validity of the identification papers. ii) biometric data (either face, voice and signature) and copies of the documents, including identity documents (including photographs from the relevant document).
5.1 Date of the Service is the result of agreement between the Customer and the Provider.
5.2 The location of the Service is determined by Provider on behalf of Supplier. Customer acknowledges that Service may also be provided online by Supplier and/or Provider.
5.3 Locations of Services provided by Supplier may be published on the Website.
5.4 Date of the Service may be created on ad-hoc basis not later than 24 (twenty four) hours before the Service start. 5.5 Provider is allowed to modify and change the location and time of the Service and time of the Service also in case of online examination, provided that:
6.1 The registration for specific Service is made by the Customer or by the Customer´s representative on behalf of Customer.
6.2 In case that the registration is done by the Customer´s representative on behalf of the Customer the Application is considered to be done by the Customer.
6.3 The application can be done by using the online electronic form published on the website language.aero
6.4 The duly completed and signed application shall be done before start of the Service. In case the application is submitted by electronic means or by email, signing for the purposes of these LTB GTC also means sending the application form with filled name and surname of Customer or sending an email from address commonly used by Customer.
6.5 By applying for the Service, Customer is obliged to pay the respective Service Fee to Provider.
7.1 Customer is obliged to pay the Service Fee. The amount of the fee for the Service is determined in the form of an agreement between the Contracting Parties
7.2 Customer is obliged to pay the Service Fee before the commencement of the provision of Service..
7.3 Notwithstanding any other provision in these LTB/LTB/LAB GTC, 100% of ordered Services must be paid up in advance, i.e. prior to the date of Service.
7.4 The payments for Services shall be done in the currency euro and are made on basis of invoices by wire transfer to bank account stated in the invoice, Contract, by the payment gateway or in cash unless stated otherwise.
7.5 Customers are required to provide the proof of payment to the staff member who provides Service.
7.6 Proof of the payment is required for providing of Service to Customer.
7.7 In case of B2B cooperation, the Customer is obliged to provide Party with proof of payment 1 (one) hour before the commencement of the Service unless stated otherwise. In case of B2B cooperation the unit amount for the provision of Service is stated in the Provider´s administrative system or in a separate contract.
7.8 Supplier and Provider taff member is allowed to restrict or deny the access of the Customer to the Service site if he fails to prove the payment was done.
7.9 If not otherwise agreed in Contract, the Service Fee includes:
7.10 Provider is allowed to charge the additional fee for any other requested Services and costs associated with the Service providing.
7.11If not otherwise agreed in Contract, the Service Fee does not include and following fees shall be charged by Provider separately:
7.12 Provider is allowed to charge the additional fee for any other requested Services by Customer including appeal, rating unconformity or litigation.
7.13 Provider is allowed to charge the additional fee for any other requested Services by Customer.
7.14 All parties have agreed that additional fees will be charged to the Customer also retrospectively based on the current prices and based on the actual costs.
7.15 Customer agrees the Provider is allowed to change the agreed Service Fees in case of the change of the unforeseen costs or unforeseen change of the costs. Provider is obliged to notify Customer about such change.
7.16 If Customer fails to pay the Service Fee, Customer agrees to pay a contractual fine of 0.5% of the total amount due for each day of delay until payment is credited to the bank account.
7.17 The Service Fee is quoted without the applicable value-added tax (hereinafter referred to as the “VAT”), which is to be added to the amount payable according to the applicable legislation.
7.18 All costs related to the transfer of the payment are borne by the Customer.
7.21In case that Customer fails to pay for Services in advance as stipulated above, Provider has the right to refuse providing Services.
8.1 The Contract between Customer and Supplier / Provider persists for a fixed period of time, which is the duration of the Service, unless otherwise agreed in the Contract.
8.2 The Contract may be terminated by agreement of the Customer and Supplier / Provider at the date specified in the Contract or by withdrawal from the Contract.
8.3 In case of the B2B cooperation, the Contract may be terminated by agreement of the Customer and Supplier / Provider at the date specified in the Contract or by withdrawal from the Contract.
8.4 In case of B2B contract, the Exam candidate is not entitled to terminate the Contract on behalf of Customer.
8.6 Withdrawal or termination of the Contract must be notified to the other party by registered letter and become effective from the date of its delivery.
8.7 Supplier / Provider may cancel the Service even in case that the date of Service is not economically advantageous. In this case Supplier / Provider informs by email the concerned Customer about this cancellation with reasonable notice period.
8.8 If the Service and its providing was cancelled by Supplier / Provider, the Customer will be rescheduled for another date of Service without any additional costs.
8.9 If there is no available date for such Service which was cancelled by Supplier / Provider, the Customer has a right for full re-imbursement of the money paid for such Service.
8.10 If the Customer cannot attend the Service, he must inform Supplier / Provider accordingly with a two (2) business day prior notice (not later than 48 (forty eight) hours prior the scheduled commencement of the Service).
8.11 Should this 2 (two) days of notice period not be respected, Supplier / Provider will be entitled to keep the Service Fee as compensation, except in case of Vis Major. This applies also for B2B cooperation.
8.12 In specific cases, Supplier / Provider may consider justified reasons (long-term sick leave, etc.,) to accept notifications later than 2 (two) business days before the commencement of the Service.
8.13 The contractual relationship is considered terminated by the delivery of Service, except of the methods of termination of contractual relationship mentioned above. In case of language proficiency examination, the contractual relationship is considered terminated upon the entry into force of the language certificate, that means 24 hours after issuing of certificate, provided that no appeal has been lodged. In case that an appeal has been lodged the contractual relationship shall be deemed terminated by termination of dispute proceeding, the reassessment of examination and the issuance of a decision in form of certificate.
Article IX. Service schedule and conditions
9.1 To be eligible to its Service, the Customer must, in addition of the conditions detailed above be timewise punctual and be able to prove his/her identity (ID card or valid passport with photo of face).
9.2 Following Services and its content is subject of the approval by the Authority:
9.3 All the Services provided by Supplier / Provider are described in the respective Operations manual.
9.4 The Customer will be provided by the Service in the way how the Service was approved by the Authority (in case of the ICAO language proficiency assessments and training of the Supplier staff members) or in the way how the training/checking plan was prepared and approved by Supplier.
9.5 Eating, drinking, smoking or using any other substances, except refreshing with water are strictly forbidden while attending the Service.
9.6 The actual duration of the Service is on the discretion of the Supplier staff member, respectively Provider who is providing the Service on behalf of the Supplier.
9.7 If the purpose of the Service is to conduct the assessment or exam over the Customer, the Customer must:
Otherwise the Service shall be considered as failed or incomplete.
9.8 In case of an online language proficiency examination, the Customer is obliged to prove his / her independent presence (absence of other persons than the Customer) in the room where he / she is located. This demonstration is realized by capturing a space / room by rotating a video camera.
9.9 Customer is obliged to endure and prove his independent presence according to point 9.8. also at any time during the providing of Service if requested by the person who performs language examination.
9.10 By using the Service, Customer agrees that the provision of the Service will be recorded and an audio and video recording will made.
9.11Customer agrees that records be made and / or obtained in connection with the provision of Service provided to civil aviation oversight institutions and third parties (particularly, but not limited to) such as the Transport Authority, the Aviation Authority responsible for entering the qualification or certificate in the license.
9.12 Customer undertakes not to make any reproducible or nonreproducible record of the course of providing Service. Customer also undertakes that Service will not be streamed or shared in real time in any way.
9.13 Customer undertakes to maintain the confidentiality of the content and conduct of the exam in the event of a language proficiency examination.
10.1 This Article is related to any of the Services provided by Supplier or Provider which is considered to be an Exam, Assessment or theoretical knowledge instruction.
10.2 Within 5 (five) business days after the end of the Service, Supplier will deliver the results of the Service to the Customer under the form of a Certificate by email form. Customer acknowledges that notification email will be send to an email address provided during registration.
10.3 Certificate issued by Supplier will be in the electronic form – in PDF.
10.4 If the Customer is willing to obtain the hardcopy of the certificate, he/she needs to order it prior the Service by marking the appropriate checkbox in the application form or electronically via firstname.lastname@example.org.
10.5 The Supplier / Provider is allowed to charge extra fee for issuance and delivery of the hardcopy of the Certificate.
10.6 The Exam candidate has a right to open the disputes against the received results of the language exam and rating process. The dispute process within the Supplier is based on the multilevel structure.
10.7 The Customer is not allowed to open the dispute on behalf of Exam candidate, even though the Customer ordered or/and paid the Service Fee for such Service.
10.8 The dispute shall be placed not later than 24 (twenty four) hours after the notification about the result of the exam was done by Provider / Supplier.
10.9 The only communication source for the disputes is the electronic system of Provider. Instructions for filing an appeal as well as the exact address will be included in the notification email about the exam result.
10.10 If the Service is provided on B2B basis, the Exam candidate is hereby giving the authority to provide all required data to the Customer.
10.11 In case Customer does not file an appeal against the test results within 24 hours of the issuance of electronic certificate after this period the test results become valid an it is no longer possible to appeal against them. For the purposes of these LTB GTC, the time of issuing the electronic certificate is defined by the time stamp that arose at the time of sending the email notifying the exam result to Customer.
10.12 In case that Customer files an appeal against the results, Customer understands that the certificate as well as other documents generated by the system and proving the exam result will be canceled with immediate effect.
10.13 Customer understands that in case of an appeal, he may not request the granting of the rights arising from the Certificate until a final decision on the outcome of the appeal has been made in accordance with the provisions of the Operations Manual.
11.1 Providert guarantees the compliance of the provided Services with the applicable laws and regulations.
11.2 Provider and Supplier shall use reasonable endeavors to meet any estimated or agreed period or date of completion of the Services.
11.3 Provider nor Supplier shall not be liable for the consequence whether direct or indirect due to any delay in the performance of the Services.
11.4 Provider nor Supplier shall not be held liable for any loss, or any damage directly or indirectly related to the Services provided. Neither Provider nor the Supplier shall be liable for the actions of the authorized person in case that this person acts beyond the scope specified in the Operations Manual and beyond the scope specified in the ProfiPilot internal procedures.
11.5 Except for the guarantee under Article 11.1 above or an express derogation to these LTB GTC, Provider nor Supplier offers no guarantee.
11.6 Provider guarantees that the Certificate and Services provided by Supplier will be recognized by aviation authorities specifically listed on the website language.aero.
11.7 Whatever the nature, the basis and the mode of the action taken against Provider, Supplier or its Contractors, Staff members, Providers or other parties involved, the total indemnity due to the Customer in compensation for its prejudice shall not exceed the amount of the Service Fee.
11.8 Customer shall be solely liable for the accuracy of its data registration.
11.9 Customer is aware that provision of the false data may lead to refusal on providing the Services, its cancellation or to legal action or criminal complaint against him.
11.10 Customer shall refrain from any exploitation and promotion which may cause harm to the reputation of Supplier, Provider, its subsidiaries, Staff members, Providers or Contractors.
11.11 Provider shall not be held liable in case if the Authority refuse to accept the Certificate issued by Supplierregistration or issue of document (e.g. pilot licence or air traffic controller licence).
12.1 Supplier and Provider shall suspend its Services with immediate effect in case if the Services provided are not in compliance with the Regulations or Supplier´s Authorization was suspended or revoked by the Authority.
12.2 Provider and Supplier are entitled to suspend the Service with immediate effect in case of non-compliance of the Customer with its contractual obligations.
12.3 Provider and Supplier shall have the right to suspend the Service without previous notice or compensation and without prior notification, in the case of Force Majeure.
13.1 Any agreement, including verbal, between Customer, Supplier and Provider shall be treated by both parties as confidential and shall not be released in whole or in part to any third party without prior written consent of the other party.
13.2In case of B2B cooperation, Customer explicitly authorizes Supplier, Provider to file and archive specific information of Exam candidate or staff member during the training or/and checking.
13.3Provider nor Supplier shall not disclose such training or checking information to any third party without the prior written consent of the Customer with the exception of disclosure to Customer’s employer and/or Customer’s Authority, if required so.
13.4The Customer shall treat all information designated as confidential by Supplier or Provider and to which it has or must have access within the scope of the execution of the Service as confidential and not to disclose such information.
13.5The Customer shall take all the necessary measures to preserve the confidential nature of the confidential information pursuant to the Service and namely to:
13.6 The obligations of confidentiality described in these LTB GTC are valid for the entire duration of the Service and shall continue for at least 10 (ten) years following the end of the Service or for the duration of the gained qualification, whatever the cause (whichever is longer).
13.7 Provider nor Supplier will not disclose any information regarding Customer and Tests to any third party other than Supplier subsidiaries and official authorities showing justified interest in obtaining of such data.
13.8 Provider nor Supplier will not disclose any information regarding Customer and Tests to any third party other than Customer’s employer (i.e. Customer who requested to test its employee) Supplier subsidiaries or official authorities showing justified interest in such data.
13.10 Provider is allowed to provide all information gained during the Service to any party upon written request by the Customer.
13.11 Provider is allowed to charge additional fees as an administration fee in order to provide the data to third parties.
14.1 Pursuant to the GDPR, the Customer provide the Provider, Supplier and its staff members with personal data for the purpose of concluding the Contract with the Provider or Supplier, fulfilling and additionally confirming the terms of the Contract, settlement of payments and necessary communication between the Parties.
14.2 Provider and Supplier shall treat personal data of the Customer in accordance with the provisions of the GDPR. Other entities will be allowed access to Customer´s personal data only in case stipulated by generally binding legal regulations (especially during administrative or criminal proceedings).
14.3 Customer is obliged to provide his personal data correctly and truthfully and without undue delay inform the Parties about their change. If the Customer does not provide Provider with personal data, it is not possible to enter into a contractual relationship.
14.4 Provider and Supplier will process and archive personal data in accordance with special regulations for 10 (ten) years from the date of termination of the contractual relationship or during the period of validity of the acquired qualification (whichever is longer).
13.9 Provider and Supplier are allowed to provide all information gained during the Service to the Party which paid for the Service, to the Employer without any further permission from Customer.
14.5 Customer whose personal data are processed by Partiest has the right to request from Parties access to personal data concerning him, as well as the right to rectify, delete or restrict the processing of such data.
14.6 At the same time, the Customer has the right to object to the processing of personal data concerning him and the right to transfer the data. If the requests of Customer as the data subject are manifestly unfounded or disproportionate, in particular because of their recurring nature, the Provider may charge a reasonable fee taking into account the administrative costs of providing the information or refuse to act upon the request.
14.7 If the Customer considers that the processing of personal data concerning him is contrary to the GDPR, the Customer has the right to file a complaint to the supervisory authority, understood as the Office for Personal Data Protection of the Slovak Republic, with its registered seat at Hraničná 12, 820 07 Bratislava. In case of any questions regarding the protection of personal data, the Customer may address the responsible person of Provider via the e-mail address email@example.com .
14.8 Conclusion of the Contract or use of the Providers´s and Supplier´s services creates a relationship between the Customer , Provider and Supplier, based on which the Provider and Supplier uses the personal data of data subject for the purpose of providing Services. The legal basis for the processing of personal data is legitimate interest under Article 6 (1) par. b) of the GDPR. By the legitimate interest for the purposes under these LTB GTC is understood that the processing is necessary for the performance of the Contract to which the data subject (Customer) is party or in order to take steps at the request of the data subject (Customer) prior to entering into the Contract.
14.9Provider and Supplier are allowed to process the personal data of Customer for its marketing and commercial purposes and also to process the personal data and use them for commercial basis within the Supplier subsidiaries.
14.10 Personal data will be provided to a third country or international organization.
15.1 Provider nor Supplier shall not cover any direct or indirect associated costs or expenses arising out of any of the Services provided.
16.1Any such notice, request, requirement, approval, consent or other communication in connection with these LTB GTC and with the Contract shall be given in writing and:
16.2 Under the conditions stipulated the Customer is entitled to communicate with the Provider and Supplier through the individual Electronic Communication Services and is entitled to deliver in this manner Orders or any other requests and proposals to the Provider and Supplier if the scope of the particular Electronic Communication Service enables it
16.3 The Provider and/or Supplier will execute an order provided the Customer’s proper identification as well as the other conditions stipulated in these LTB GTC for performing trades are met.
16.4 In the case of any doubts the Provider and /or Supplier is entitled to refuse to perform an order or ask the Customer for written confirmation of the order delivered or ask for an additional manner of authorization.
16.5 The Provider and/or Supplier will inform the Customer of the manner of using the individual electronic communication services. At the time of concluding the Contract the users will get familiar with these LTB GTC and with the manner of using the individual electronic communication services. The Provider nor Supplier is not liable for any damage caused by non-professional manipulation with the electronic communication services.
16.6The Customer acknowledges that the electronic communication with the Provider and/or Supplier taking place through the electronic communication service takes place implicitly also through a third person who provides the respective communication services (Internet, mobile network, GSM etc., “external supplier”). The Provider nor Supplier is not liable for any damage caused in consequence of any technical failures on the part of the external supplier or in consequence of any changes or termination of the legal relations between the Customer and the external supplier or of a breach of the obligations arising from these legal relations.
16.7 The Customer acknowledge that the Provider and/or Supplier can inform them about new services as well as changes regarding this LTB GTC, through the electronic communication service, within the meaning of Art. 6 Par. 1 Point f of the GDPR. The Customer is aware that he is entitled to object to the processing of personal data for the purpose of direct marketing within the meaning of Art. 21 of the GDPR.
16.8The Provider and Supplier is not liable for any damage incurred by the Customer in connection with a breach of the obligations mentioned in these LTB GTC, in particular for incorrect provision of the Services in consequence of abuse of the electronic communication services by an unauthorized person or in consequence of a fraudulent action of the Customer provided the Provider and/or Supplier could not have recognized such abuse or fraudulent conduct despite of exercising professional care.
16.9The Provider and Supplier reserves the right to interrupt the provision of the electronic communication services to the Customer. During this time, the Customer has the right and possibility to provide the orders in another agreed form (by telephone, in writing). Suspension of service provision by electronic communication shall in this case not be considered as a breach of the Provider’s or Supplier´s obligation and the Provider and Supplier shall not be liable for damages incurred as a result of the failure of the electronic communications service.
17.1 In the event of any clause of these LTB GTC being rendered or declared ineffective or invalid by any legislation or rule of law or by any decision of any court of competent jurisdiction, the remainder of any affected clause or provision of these LTB GTC shall remain in full force and effect.
18.1 Provider nor Supplier shall not be held liable towards the Customer for non-performance or delays in the performance of the Service which shall be due to the occurrence of an event of Vis Major.
18.2 The Service shall be suspended for the entire duration of the case of Vis Major.
18.3 Each Party undertakes to inform the other Party of the occurrence of a case of Vis Major as soon as it becomes aware of it.
19.1 Provider and Supplier reserves the right to modify or adapt these GTC anytime without prior notice or notification.
19.2 Any modification to these LTB GTC shall, however, only apply to Contracts underway with the acceptance of the Customer, who may not object without reasonable grounds.
20.1 The Customer accepts liability for, agrees to indemnify for and hold Provider and Supplier free and harmless from any taxes, charges and/or duties (“Taxes”), including interests and penalties, arising out of or connected with the execution of the Contract and imposed by any government or Authority (not being the Slovak Government or Transport authority of Slovak republic).
20.2Should Provider or Supplier be obliged to pay such Taxes than Customer shall reimburse said Taxes to Provider or Supplier within 15 (fifteen) calendar days after Provider’s or Supplier´s request.
21.1 Each Party shall assume all risks and liability for any loss, damage, death and injury caused by its officers, directors, employees, agents, and trainees, except in the event that such loss or damage is caused by the willful misconduct or gross negligence of the other Party.
21.2 Provider´s and Supplier´s contractual liability for Services shall be limited to the refund of the payments made by Customer in relation with Services only.
21.3 Customer personally shall be liable for all damages to Equipment if caused by Customer or his employee, his client, its officers, directors, employees, agents, students, and others bound by the contract (expect for Provider and its employees or staff members).
23.1 Any communication made between the Provider, Supplier and Customer may be validly made by simplemail or e-mail with acknowledgement of receipt.
23.2 If e-mail is used, the only and official communication channel is using by the official domain using either firstname.lastname@example.org.
23.3 Any change of address must be notified in writing to the other party.
23.4 The Contract constitutes the full agreement between the Parties. The provisions of the Contract cancel and rescind any provisions of preceding agreements and arrangements made between the parties and concerning the object of the Contract.
23.5 The Contract is concluded between two independent legal bodies (Customer in person and Provider or Supplier), or between the legal business companies (Customer and Provider in case of B2B cooperation).
23.6 The failure by one of the parties to assert a provision of the Contract or to request the execution of one of the provisions of the Contract by the other party shall in no event be interpreted as a current or future waiver of the benefit of these provisions.
23.7 The content of any Contract signed by the Provider and the second party is superior to this General Terms and Conditions.
22.1 Provider and Supplier shall use reasonable endeavors to meet any estimated or agreed period or date of completion of the Services. Provider nor Supplier shall not be liable for the consequence whether direct or indirect due to any delay in the performance of the Services.
23.8 These LTB GTC are made out in Slovak-English bilingual version. In the event of any discrepancies between the language versions of the LTB GTC, Slovak version shall prevail.
24.1 Any failure, delay or indulgence on the part of Supplier or Provider in exercising any power or right conferred hereunder shall not operate as a waiver of such power or right nor preclude the exercise of any other right or remedy hereunder and shall be without prejudice to the legal rights of Supplier or Provider and the obligations.
25.1 The Parties hereto irrevocably agree that the courts of Slovak Republic shall have jurisdiction to settle any dispute which may arise out of or in connection with these LTB GTC and/or the Contract.
25.2 The Contract and these LTB General Terms and Conditions shall be governed by and construed in accordance with the laws of the Slovak Republic.
Given in consent with law n. 18/2018 about personal data protection and changes to the following and previous laws (further as „Law“) and order of European parliament and Conseil of Europe n. 2016/679 about protection of use of personal data and about free move of the data, with regulation 95/46/ES (general regulation about data protection) (further as „Regulation“).
In accordance with the Law and Regulation I hereby give the company ProfiPilot, s.r.o. based in Pavla Kyrmezera 12/1096, 914 41 Nemšová, Slovakia, IČO: 46 279 741, registered in Trade register of the Trenčín regional court, form: Sro, number: 24852/R, represented by: Ing. Milan Mazanovský, head (further as „Runner“) my agreement to process personal data.
The agreement is given for following:
My agreement to process personal data is given in order to store personal data in internal database of Runner as well as to provide my data to the other bodies. I as well give my consent to receive informational and advertising emails. By signing this document, I agree, that I was informed about my rights on the date of signing and that I was informed about my rights according to the current data protection law.