Terms & Conditions
GenieCert — General Terms and Conditions of Business.
1. Scope
These General Terms and Conditions (GTC) apply to all contracts between GenieCert ("Provider") and the customer ("Client") for the provision of compliance consulting services, software access, and related deliverables.
By engaging our services or using our platform, you agree to be bound by these terms. Conflicting or supplementary terms of the Client shall only apply if expressly acknowledged in writing by the Provider.
2. Services
The Provider offers compliance consulting, gap analysis, audit preparation, documentation support, process automation, and access to the GenieCert compliance platform. The exact scope of services is defined in the individual service agreement or proposal.
3. Conclusion of Contract
A contract is concluded when the Client accepts a proposal or service agreement issued by the Provider, either in writing, electronically, or by commencing use of the services. Proposals are non-binding and valid for 30 days unless otherwise stated.
4. Obligations of the Client
The Client shall:
- Provide all necessary information, documents, and access required for service delivery in a timely manner
- Designate a qualified contact person with decision-making authority
- Review and provide feedback on deliverables within agreed timeframes
- Ensure compliance with applicable laws and regulations on their end
5. Fees and Payment
Fees are as stated in the service agreement. Unless otherwise agreed, invoices are payable within 14 days of receipt. All amounts are exclusive of applicable VAT. Late payments shall incur interest at the statutory rate.
6. Confidentiality
Both parties shall treat all confidential information received from the other party as strictly confidential. This obligation survives the termination of the contract. Confidential information does not include information that is publicly available, independently developed, or lawfully obtained from third parties.
7. Intellectual Property
All tools, methodologies, templates, and software provided by the Provider remain the Provider's intellectual property. The Client receives a non-exclusive, non-transferable license to use deliverables for internal purposes only. Client-specific documentation and customized outputs belong to the Client upon full payment.
8. Liability
The Provider shall be liable only for damages caused by intentional misconduct or gross negligence. Liability for slight negligence is limited to the foreseeable, contract-typical damages. The Provider's total liability shall not exceed the total fees paid by the Client under the relevant service agreement.
The Provider does not guarantee certification outcomes, as these depend on the Client's implementation and the certification body's assessment.
9. Term and Termination
The contract term is as specified in the service agreement. Either party may terminate for cause with immediate effect if the other party materially breaches its obligations and fails to remedy such breach within 14 days of written notice.
Upon termination, the Client shall pay for all services rendered up to the effective date of termination.
10. Data Protection
The Provider processes personal data in accordance with the General Data Protection Regulation (GDPR) and applicable data protection laws. Details are provided in our Privacy Policy.
11. Force Majeure
Neither party shall be liable for delays or failure to perform due to circumstances beyond its reasonable control, including natural disasters, pandemics, strikes, or government actions.
12. Governing Law and Jurisdiction
These terms shall be governed by the laws of Ireland. The exclusive place of jurisdiction for all disputes arising from or in connection with these terms is Dublin, Ireland.
13. Amendments
The Provider reserves the right to amend these terms. Changes will be communicated to the Client in writing. Continued use of services after notification constitutes acceptance of the amended terms.
14. Severability
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely achieves the economic purpose of the invalid provision.