General terms & conditions
GENERAL TERMS AND CONDITIONS – THE SELECTION LAB B.V. (v.3.0)
This document contains the general terms and conditions of The Selection Lab B.V. These terms govern the rights and obligations applicable to our services and collaboration with Clients. We advise reading these terms carefully.
Article 1 – Definitions
1.1. In these terms, the following definitions apply:
- Assessment: The assignment to evaluate a Candidate's potential using simulations, tests, questionnaires, interviews, or other assessment methods.
- Content: All information, including Assessment responses, provided to The Selection Lab by the Candidate.
- Service: The services provided by The Selection Lab to the Client, including Assessments for Candidates and Employees and access to the corresponding Results, as specified in the Agreement.
- IP Rights: All intellectual property rights and related rights, including copyrights, trademark rights, database rights, trade name rights, and know-how.
- Candidate: Any individual using the Service via the Client, such as job applicants or employees.
- Employee: Any individual employed by the Client.
- Client: The natural or legal person entering into an Agreement with The Selection Lab.
- Agreement: The agreement between The Selection Lab and the Client to which these terms apply.
- Results: The output of Assessments completed by Candidates, including scores on cognitive ability, personality (Big Five), emotional intelligence, grit, motives, cultural preferences, and Fit Score.
- Website: www.theselectionlab.com including subdomains and all underlying pages.
Article 2 – Applicability
2.1. These terms apply to all legal relationships between the parties, including offers, agreements, and services provided by The Selection Lab.2.2. Any terms from the Client that conflict with these are explicitly rejected.2.3. If any provision is void or annulled, the remaining provisions remain in full effect.2.4. Minor amendments may be made by The Selection Lab and communicated in writing.
Article 3 – The Service
3.1. The Selection Lab shall use best efforts to provide the Service with care. Unless explicitly agreed otherwise, the Service is a best-efforts obligation.3.2. Delivery dates are indicative. Default occurs only after a written notice of default with a reasonable remedy period.3.3. The Selection Lab may change the scope or content of the Service and will inform the Client in due course.3.4. The Selection Lab does not guarantee uninterrupted access or particular outcomes. Performance indicators, where applicable, are described in the SLA.
Article 4 – Provision of Information
4.1. The Client must timely provide all information, resources, and personnel needed for proper delivery of the Service.4.2. The Client ensures the accuracy and completeness of all data supplied.4.3. If the Client fails to deliver necessary inputs, The Selection Lab may suspend services and charge for additional costs.4.4. The Client indemnifies The Selection Lab against third-party claims resulting from incorrect data provided by the Client.
Article 5 – Content and Results
5.1. The Selection Lab does not guarantee that positive Results will lead to employment or other specific outcomes.5.2. The Client is responsible for the interpretation and use of the Results.5.3. The Selection Lab is not liable for inaccuracies in Candidate-provided Content.5.4. The Selection Lab is not responsible for data loss, system outages, or technical failures.5.5. Data handling is governed by the Privacy Policy at www.theselectionlab.com/privacy.
Article 6 – Privacy
6.1. Both parties act as independent controllers under the GDPR for their respective personal data processing activities.6.2. Each party ensures appropriate technical and organizational measures and shall promptly notify the other in the event of a data breach.
Article 7 – Confidentiality
7.1. All confidential information exchanged between the parties must be treated as strictly confidential. This obligation also applies to their employees and subcontractors.
Article 8 – Intellectual Property
8.1. All IP Rights in the Service, Website, Content, Assessments, and Results belong to The Selection Lab or its licensors.8.2. The Client receives a limited, personal, non-exclusive, non-transferable right to use the Service, subject to compliance with the Agreement.
Article 9 – Price and Payment
9.1. All prices are in euros, excluding VAT and other levies.9.2. Apparent errors in pricing do not bind The Selection Lab.9.3. Unless a fixed fee is agreed, billing is based on actual hours worked at standard rates.9.4. Fees may be indexed annually on January 1st.9.5. The standard payment term is 30 days from the invoice date.
Article 10 – Duration and Termination
10.1. The Agreement is for a fixed term and automatically renews unless terminated with two months' notice.10.2. Either party may terminate the Agreement in case of bankruptcy, suspension of payments, liquidation, or death.10.3. Payments remain due for services already rendered unless there is material breach by The Selection Lab.10.4. Provisions intended to survive termination shall remain in force.
Article 11 – Liability
11.1. Liability is limited to the amount for which The Selection Lab is insured.
11.2. The Selection Lab is insured up to a maximum of €750,000 per claim and per insurance year, and will provide a copy of the policy upon request.
11.3. Any damage must be reported in writing within 30 days of discovery. The limitation period is 1 year from the date of the incident.
Article 12 – Force Majeure
12.1. Force majeure includes unforeseen events outside The Selection Lab's control that prevent performance.12.2. If the situation lasts more than two months, either party may terminate the Agreement.12.3. If partial performance has independent value, The Selection Lab may invoice for that portion.
Article 13 – Final Provisions
13.1. Rights and obligations may not be transferred without prior written consent.13.2. Dutch law applies exclusively.13.3. Disputes will be submitted to the competent court in Amsterdam.13.4. The Selection Lab may only reference the Client in marketing with prior consent.
