Processing of personal data in accordance with the GDPR data protection declaration on this page.

Website operator Name Audit4Certification s.r.o., Person, IČ: 09597140, registered office Pod Karlovarskou silnicí 587/13, Ruzyně, 161 00 Praha, processes personal data with the GDPR regulation valid on 25.5.2018. We store the personal data provided from the inquiry form only for the time strictly necessary for communication with clients We do not use the personal data provided for any marketing purposes and we do not provide any data to third parties. If you want to change or delete data from our database, please fill in the contact form or send an email to info@a4cert.eu, where you state exactly what you are asking for (deletion or change of data).



General Terms and Conditions (GTC) no. 16211201 of the company Audit 4 Certification s.r.o., tax identification number: 09597140, with registered office at Pod Karlovarskou silnicí 587/13, Ruzyně, CZ - 161 00 Praha 6. 

These GTC are protected by copyright law, confidential and may not be copied or reproduced.
 

§1. General Terms and Conditions and the Area of Validity

1.1. For all legal transactions between a customer or potential customer (hereinafter the Client) and Audit 4 Certification s.r.o. (hereinafter the Supplier or A4C), the following General Terms and Conditions apply exclusively. The respective version of the text applicable at the time the contract is awarded or entered into shall prevail.

1.2. These General Terms and Conditions also apply to oral negotiations (i.e. also without a written consulting contract) and to all future contractual relations, i.e. also when additional contracts do not explicitly refer to these.

1.3. The scope of the service commissioning generally includes only consultancy activities (e.g. recommendations, provision of information on technical and economic context or facts) and auditing or coaching. The object of the contract is the agreed consultancy or service. The supplier neither provides nor promises legal or tax consulting.

1.4. GTC of the client, which are in conflict, are invalid, unless the supplier acknowledges them in writing.

1.5. In the event that individual provisions of these General Terms and Conditions are or become ineffective, the effectiveness of other provisions and the validity of the contract concluded on their basis shall not be affected. An ineffective provision shall be replaced with an effective provision, which is as close to it as possible in meaning and economic purpose.

§2. Scope of Consultancy Commissioning or Service and Representation

2.1. The scope of the specific consultancy contract or service will be agreed contractually in each case. The main focus of our consulting is the integrated management system (IMS), for example and IMS consisting of three ISO standards (DIN EN ISO 9001, 14001 and 50001). As a process consultant and certifier, we strive to offer the customer the optimal IMS solution and also to ensure that the appropriate certificates are obtained.

2.2. The supplier, A4C, advises Small and Medium Enterprises (EMS, i.e. Clients) with exemplary services relating to IT processes, consulting and tests: I. analysis of process functionality through the PDCA cycle, II. internal audit (including measures), III. optimization (IMS / further development and care), IV. certification (securing a certificate), V. strategic activities.

2.3. The client may also turn to the supplier as a contact person prior to contractually agreed consulting, to deal with preparatory and/or strategic tasks (such as providing assistance in identifying the need for consultancy, calculating investments, planning, developing or reviewing the overall concept of the client, seeking ideas, as well as preliminary measures or workshops). Telephone or on-site information meetings with the client are also taken into account. This is a verbal commissioning of the supplier by the client. Daily remuneration is set out in Article 11.2. The duration of this support depends on the need and also on the requirements of the client. 

2.4. The supplier is authorised to perform consulting tasks, or projects he undertook to perform, partly or fully through third parties.  Payments to third parties are provided exclusively by the supplier himself. No direct contractual relationship, regardless of how formed, arises between the third party and the client.

2.5. The client is obliged to provide the supplier with an independent interpreter if consulting and services are required for the proper performance of the contract.

2.6. The client undertakes not to enter into any business relationship of any kind with persons or companies engaged by the supplier in the performance of his contractual obligations until seven years after the termination of this contractual relationship. In particular, the client will not entrust these persons and companies with the same or similar services as those also offered by the supplier.

§3. Instructional Obligation of the Client and Declaration of Completeness

3.1. The client will ensure that the organisational framework conditions for the execution of the consultancy contract at his place of business allow, as far as possible, uninterrupted, rapid progress of the consultancy process or the services serving the work.

3.2. The client will also inform the supplier in advance of previously performed and/or ongoing consultancy or services – in other fields as well.

3.3. The client will ensure that without specially requesting them and on time, the supplier is provided with all the documents necessary for the performance and execution of the contract (data and information) and is informed of all procedures and circumstances relevant to the execution of the consultancy or service contract. This also applies to all documents, procedures and circumstances that only become known during the supplier’s activities. 

3.4. The client will ensure that his co-workers and legally expected possible established employee representations (e.g. works council) are informed of this before the supplier commences his activities.

§4. Ensuring Independence

4.1. The contractual partners commit to mutual loyalty.

4.2. The contractual partners mutually undertake to take appropriate measures to avoid jeopardising the independence of authorised third parties and associates of the supplier. This applies in particular to offers of employment by the client, i.e. taking over orders on one’s own account.

§5. Reporting and Information Obligation

5.1. Upon request from the client, the supplier is obliged to provide information about the state of performance of the order. If the supplier is to provide an extensive written report, especially for presentation to third parties, this fact needs to be ordered separately. Oral statements and informing of collaborators of the supplier outside the awarded order are always non-binding.

5.2. The client will obtain a final report, if commissioned in writing, within adequate time after the order has ended, but not in case of early termination of the contract on provision of services.

5.3. When performing the agreed consultancy or service, the supplier is not bound by instructions, he acts according to his own strategies and on his own responsibility. He is not bound to a specific workplace and working hours.

§6. Protection of Intellectual Property

6.1. The copyright to works created by the supplier and his collaborators and authorised third parties (in particular reports, analyses, assessments, organisation plans, programmes/tools/applications, performance descriptions, designs, calculations, drawings, data carriers, etc.) shall remain with the supplier. The supplier may use them during and after termination of the contractual relationship only for the purposes included in the contract. To that extent, the supplier shall not be entitled to use, reproduce and/or distribute the work(s) without explicit consent of the supplier. The results or partial results of the work are always published together. Unauthorised reproduction/distribution of the work shall in no way give rise to liability of the supplier – in particular for the accuracy of the work – towards third parties.

6.2. Breach of these provisions by the client authorises the supplier to immediate early termination of the contractual relationship and entitles the supplier to assert other statutory claims, in particular to hold-up and/or compensation of damage.

6.3. The supplier reserves the right to use the corporate logo, name and address of the client for the purposes of self-promotion. The client also agrees with the publication of the conclusion of the contract in a press release. After completion of the contract, the supplier is entitled to list the client as a reference for future contracts, as well as to publish a report on the successful completion of the contract on his website or in the form of a press release and to use it for his own promotional purposes.

§7. Warranty

7.1. Regardless of fault, the supplier shall be entitled and obliged to rectify announced inaccuracies and defects in his performance. He shall inform the client about it without delay.

7.2. This entitlement of the client lapses after two months and after the provision of respective consulting or performance.

§8. Liability and Compensation for Damage

8.1. The supplier shall only be liable to the client for damage – with the exception of damage to persons – in the event of gross fault (intention or gross negligence). This also applies by analogy to damage caused by third parties authorised by the supplier.

8.2. Claims for compensation of damage by the client may only be brought within three months of the discovery of the damage and the originator of the damage, but in court no later than one year after the event giving rise to the claim.

8.3. The client must always prove that the damage results from fault on the part of the supplier.

8.4. If the supplier carries out the work with the involvement of third parties and claims for warranty and/or liability to third parties arise in this connection, the supplier shall assign these claims to the client. The client shall primarily turn to third parties in this case.

§9. Data Confidentiality and Protection

9.1. The parties shall keep confidential any information or documents of the respective other contractual party that are designated as trade or business secrets (or are deemed to be trade or business secrets based on other circumstances). The same applies to personal data covered by the provisions of the Federal Data Protection Act. The contractual partners will only process or use personal data of the respective other contractual partner for contractually agreed purposes. The supplier processes personal data in accordance with the General Data Protection Regulation in force on 25 May 2018.

9.2. The supplier shall be exempted from confidentiality with regard to the cooperating persons and agents he engages.  It is his duty to transfer this obligation of confidentiality to these persons to the full extent.

9.3. The confidentiality shall continue after the termination of this contractual relationship.

9.4. The supplier is entitled to process the personal data, images and film material entrusted to him for the purpose of the contractual relationship. The client shall ensure that all necessary measures are taken towards the supplier, in particular measures in the sense of the Data Protection Act, such as a declaration of consent from the data subject.

§10. Usage Rights and Disclosure 

10.1. The parties shall be free to dispose of ideas, procedures, concepts, know-how and experience acquired in the project, as well as techniques arising from the implementation of the consultancy or service.

10.2. Upon agreement with the supplier, the client shall have the right to reproduce, transmit and publish the findings and results of the project in whole or in part, taking into account point 9. He can only do so without an agreement with the supplier if there is a reasonable indication that the supplier is the author of the knowledge and results in question. Any modification of the findings and results and their publication with reference to the supplier is only permitted with explicit consent of the supplier.

10.3. The supplier also has a right to use the project findings for his own purposes after informing the client, to mention the project findings concerned in project reports and lectures, in which he refers to the client, and to make them public, taking into account point 9.

§11. Fee or Remuneration

11.1. In return for the provision of his consultancy services, the supplier is entitled to payment of a reasonable fee (hourly fee from € 100,-EURO /hr per collaborator, always depending on the assignment, the difficulty and also the urgency) by the client. The amount of the fee is governed by a written agreement between the client and the supplier. The fee shall be paid to the supplier, unless a different individual payment modality has been contractually agreed, on quarterly basis as the sum of the performance provided up to a specified date. In general, oral commissioning equals written commissioning.

11.2. The supplier’s reasonable daily fee for the preparatory and/or strategic tasks from article 2.2 reaches, unless otherwise agreed in advance, reaches € 1.200,-EURO /day or € 150,-EURO /hr. This fee applies generally (not during the first time one-site, but during consultations on the telephone, via email, online using for example the Teams application, as well as during telephone conferences). This fee is paid monthly as the sum of the services rendered up to a specified date.

11.3. The supplier shall issue an invoice with all the necessary characteristics required by law justifying deduction of input tax. The fee is a partial fee and is always payable upon the submission of the supplier’s invoice. The client shall be in default only on the basis of a reminder from the supplier or, if the payment deadline is set according to a calendar, by failure to pay on the agreed date. The supplier shall be entitled to late-payment interest reaching 7 percentage points above the basic interest rate from the moment of default. The right to claim damage exceeding this remains unaffected.

11.4. If the client changes the order, the scope of performance, work, planning and the like, or the assumptions for the development of the performance, he shall reimburse the supplier for all costs arising therefrom and release the supplier from all obligations to third parties.

11.5. All amounts are understood to be paid with the inclusion of the statutory value added tax at the relevant applicable rate.

11.6. Incurred expenses, travel and accommodation costs as well as subsistence expenses etc. will be reported on a flat rate basis, unless otherwise agreed, 20% of the relevant incurred monthly fee on an hourly or daily basis and reimbursed by the client. In case of international deployments and higher expenses for the above-mentioned incidental costs of more than € 300,-EURO /day, these will be reimbursed by the client upon presentation of the supplier’s invoice.

11.7. If the agreed service or consultancy is not performed for reasons on the part of the client or due to justified early termination by the supplier, the supplier is entitled to payment of the full agreed fee.

11.8. If the client cancels the agreed meeting dates 14 weekdays in advance or at short notice, the supplier is entitled to 75% of the fee for the time lost.

11.9. In the event of non-payment of partial invoices, the supplier shall be released from his obligation to provide further services. Complaints about the supplier’s work do not entitle the client, except for obvious defects, to withhold the agreed remuneration. The supplier reserves the right to make further claims arising from non-payment.

§12. Electronic Invoicing

12.1. The supplier is authorised to send invoices to the client in electronic form as well. The client explicitly agrees with the client sending invoices in electronic form.

§13. Validity of the Contract

13.1. The contract ends in principle with the completion of the project. The supplier’s consultancy services are provided, when the necessary analyses, resulting conclusions and recommendations are developed and explained to the client. It is irrelevant whether and when the conclusions or recommendations will be implemented. In case of recurring consultancy deployments (such as care, sustainable optimisation or further development of the ISO management system) that are performed at a certain rhythm or at regular intervals every year, termination is only possible after three years. Internal audit is carried out annually and re-certification every three years (specific example of consultancy).

13.2. Force majeure events that make performance substantially more difficult or partially impossible, or impediments due to a lack of cooperation by the client, shall entitle the supplier to extend the time of performance of his services by the period of the impediment and the relevant onset period. Force majeure equals strike and similar events, if they are unforeseen and serious.  The parties shall inform each other immediately in the event of such circumstances. 

13.3. Notwithstanding the foregoing, either party may terminate this contract at any time without notice for a serious reason. A serious reason shall be in particular if the contractual partner has breached essential contractual obligations or if an insolvency proceeding has been declared against the property of a contractual partner or a bankruptcy petition has been rejected due to insufficient assets to cover the costs.

§14. Changes to the Order

14.1. Amendments to the contract require written form, but may also be communicated orally. They will then be documented by the supplier and billed separately at the end of the original project.

14.2. If changes or additions are not recorded in writing, the supplier shall carry out the work without taking into account the requirements for change.

14.3. The supplier undertakes to comply with the client’s requests for change insofar as he can be required to do so within the capacity of his company, in particular with regard to the effort and time planning involved. The resulting extra costs will be reimbursed according to a reasonable hourly or daily fee according to the contract. 

§15. Final Provisions

15.1. All contractual parties (the client and the supplier) confirm that all data in the contract are stated faithfully and conscientiously, and undertake to informs one another about necessary changes without delay.

15.2. Changes in the contract and these GTC require written form, same as a cancellation of this requirement of written form.

15.3. This contract and its execution shall be governed exclusively by the law of the Czech Republic (CZ). Ineffective conditions shall be replaced with conditions that are as close as possible in economic purpose to ineffective conditions. The place of performance and jurisdiction is the place of business of Audit 4 Certification s.r.o. (tax identification number: 09597140, with registered office at Pod Karlovarskou silnicí 587/13, Ruzyně, 161 00 Praha 6 in the Czech Republic).

GTC – as of: 1 December 2021