Genux Terms & Conditions
General Terms & Conditions
These General Terms and Conditions govern the Services offered by Genux Executive, unless otherwise explicitly agreed in writing. By entering into an individual Agreement with Genux Executive about their Services the Customer agrees to Genux Executive’s General Terms and Conditions. The Customer’s own general terms and conditions, if any, shall not apply to the Agreement. Genux Executive’s General Terms and Conditions form an integral part of the Parties’ full Agreement.
1. Services & Intellectual Property Rights
Genux Executive provides Search & Recruitment, Leadership, Assessment and Outplacement Services as agreed individually in writing between Genux Executive and the Customer.
Genux Executive owns all rights to the results and materials created during a specific Activity as part of the provided Services. The Customer is granted a non-exclusive, non-transferable right of use to said results and materials.
2. Fees and invoicing
All fees shall be agreed in writing prior to initiating preparation of the relevant Activity, and invoices are issued upon starting the Activity.
Travels in Denmark are invoiced as follows: No transportation costs for travels within the greater Copenhagen area. Payment per travelled kilometre according to the Danish Government’s rates (Statens takster) for travels within Zealand. Half a consulting day for travels beyond Zealand. Other travel expenses (food, accommodation etc.) are invoiced at cost.
Travels outside Denmark are invoiced as follows: Half a consulting day for travels in Europe and one whole consulting day for travels outside of Europe. All flights – Economy flights in Europe and Business flights outside of Europe – and other travel expenses (food, accommodation etc.) are invoiced at cost.
Our payment terms are 14 calendar days from the invoice date.
In case of late payment Genux Executive has the right to impose interest on the outstanding amount and charge an administration fee of DKK 1000 plus other fees in accordance with the rules of the Danish Interest Act. In case of late payment Genux Executive is entitled to cease work until payment has been made in full. Late payment shall be considered a material breach of contract.
3. Cancellations
We consider cancellations an inconvenient but natural part of our business. Late cancellations will be invoiced as follows:
Cancellations less than 1 week (7 calendar days) before a training or team Activity will be invoiced at 50% of the agreed amount taking into consideration any postponement, materials not used, and costs not incurred.
Cancellations less than 24 hours before an individual (coaching) Activity are invoiced in full.
4. Confidentiality and data protection
All information and/or data, including but not limited to personal data, relating to an Activity or a Service shall be considered confidential by both Parties, and the Parties shall ensure that any person under their respective authority who has access to the information and/or data is under a confidentiality commitment.
We procure GDPR advisory services, and any processing of personal data takes place in compliance with GDPR and the Danish Data Protection Act. When providing the Services Genux Executive is the data processor and the Customer is the data controller, and Genux Executive acts solely on behalf of and according to instructions from the Customer. Genux Executive shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored or otherwise processed, and the protection of the rights of the data subject. Genux Executive shall make available to the Customer the information necessary to demonstrate compliance with the obligations laid down in this paragraph. Genux Executive shall notify the Customer without undue delay after becoming aware of a personal data breach. Upon the termination of the provisions of the Services Genux Executive shall delete all personal data processed on behalf of the Customer, however Genux will keep the data for a storage period responding to a guaranteed period or for administration reasons.
5. Limitation of Liability
Any error, omission or delay claim, regardless of its nature, must be submitted by the Customer in writing no later than 4 weeks after the Activity in question has or should have been provided by Genux Executive. If the Customer fails to do so, the Customer cannot subsequently submit such a claim and shall lose the right to hold Genux Executive liable for the error, omission or delay in question.
Genux Executive’s liability for errors, omission or delays is under any circumstances limited to – at Genux Executive’s sole discretion – redelivery of the Activity in question, remedy of said Activity or giving the Customer a proportionate reduction – determined by Genux Executive – in the amount paid by the Customer.
Consequently, to the extent not prohibited by applicable law, Genux Executive shall not be liable for any direct, indirect, incidental, special or consequential damages, including but not limited to damages for loss of profits, revenue, goodwill, use, operation, data or other economic advantage, regardless of the basis for the claim and the degree of negligence on the part of Genux Executive, arising out of or related to the provisions of Services by Genux Executive.
Genux Executive shall under no circumstances be liable for errors, omissions or delays caused by the Customer or by force majeure. In case of force majeure Genux Executive is – exempt of liability – entitled to postpone the provision of the Services in question until the force majeure conditions have ceased or alternatively cancel the Agreement wholly or partly.
Genux Executive’s liability for any loss or damage is limited in amount to 50% of the amount actually paid by the Customer for the Activity on which the claim is based.
6. Changes
Genux Executive has the right to change and add to these general terms and conditions at any time, without prior notice.
7. Applicable law and jurisdiction
These general terms and conditions and the individual Agreement between Genux Executive and the Customer shall be governed by and construed in accordance with Danish law to the exclusion of the UN Sales Convention and conflict-of-law rules.
Any dispute between Genux Executive and the Customer arising out of or in connection with their Agreement, which cannot be settled amicably, shall be finally settled by arbitration administered by the Danish Institute of Arbitration (Det Danske Voldgiftsinstitut) according to the Rules of Arbitration adopted by the Board of the Danish Institute of Arbitration in force at all times. The arbitral tribunal shall be composed of three arbitrators. The place of arbitration shall be Copenhagen, Denmark. The language to be used in the arbitral proceedings shall be Danish.
Notwithstanding the above arbitration clause, Genux Executive shall have the right to recover and collect any outstanding payments on the part of the Customer through the ordinary Danish courts.
Last updated: September 2022