Terms of Service

General business conditions and terms of service for escProfile.com HR assessment platform and professional services.

General Business Conditions

Effective Date: January 1, 2025
Company: escProfile - Ralph Köbler (Sole Proprietorship)
VAT ID: ATU60719217

escProfile collects and processes data from your customers and seminar participants in files, which is pointed out in accordance with the General Data Protection Regulation (GDPR). Deviations from these general terms and conditions require written form.

Important Notice

These terms apply to all escProfile services including esc Profile assessments, training programs, and web applications. By using our services, you agree to these terms and conditions.

Corporate Services and Enterprise Clients

For internal corporate projects and company client seminars (e.g., Graves Model in Recruiting), the following conditions apply:

Reference Rights and Pricing

  • Reference List: Companies as clients agree to appear on our reference list
  • Pricing: All quotes for companies are exclusive of VAT
  • Payment Terms: Services are billed after completion, or in the case of multi-month service delivery, proportionally per month

Payment and Billing

  • Payment Due: Invoiced bills are due promptly upon receipt (without deductions)
  • Late Payment: For payments made later than one month after invoicing, default interest of 14% per annum becomes due
  • Currency: All corporate services are billed in EUR unless otherwise agreed

Cancellation Policy - Corporate Services

Cancellation Timeline

  • 8+ weeks before: No fee charged
  • 2-8 weeks before: 50% of total booked revenue
  • 3 days to 2 weeks: 75% of total booked revenue
  • Within 3 days: 100% of total booked revenue

Alternative Options

  • After full payment, a voucher for future participation may be claimed
  • A substitute participant may be provided
  • Rescheduling subject to availability and additional terms

Open Public Seminars and Training Programs

Pricing and Inclusions

  • Seminar Fees: Include VAT, manual, and any certificate fees
  • Continuing Education: May be supported by funding organizations (check local funding guidelines)
  • Materials: All necessary training materials and resources included

Registration Process

  • Registration Method: Registration via email or postal mail
  • Confirmation: Once minimum participant number is reached, registration is confirmed via email or mail
  • Participant Status: Upon confirmation, the participant is considered registered

Seminar Cancellation by escProfile

  • Insufficient Enrollment: You will be informed at least two days before the seminar start
  • Other Reasons: Events may be cancelled or postponed without giving reasons
  • Refund Policy: Only seminar fees are refunded; no compensation for travel, accommodation, or lost earnings

Participant Cancellation Policy

Cancellation Time Fee Charged Alternative Options
8+ weeks before seminar No fee Full refund
2-8 weeks before 50% of seminar fee Voucher or substitute participant
3 days to 2 weeks 75% of seminar fee Voucher or substitute participant
Within 3 days 100% of seminar fee Voucher or substitute participant

esc Profile Assessments and Web Applications

For projects involving esc Profile assessments and other web applications, the following additional terms apply:

Software Licensing and Ownership

  • License Grant: escProfile web applications are made available to the customer but remain the property of escProfile
  • Ownership: All intellectual property rights in the software remain with escProfile
  • Usage Rights: Customer receives a non-exclusive, non-transferable license to use the software

Liability and Warranties

  • Manual Errors: escProfile is not liable for errors in manuals and handbooks
  • Damage Limitation: No liability for possible damages, consequential damages, and financial losses arising from software use
  • User Responsibility: Customer bears sole responsibility for software selection regarding hardware and system compatibility

Data Processing and GDPR Compliance

  • Data Processor Role: escProfile acts as a data processor for its customers
  • GDPR Compliance: All data protection and GDPR regulations apply - see our Privacy Policy
  • Customer Responsibility: Customer remains the data controller and is responsible for compliance

Pricing and Technical Changes

  • Price Changes: Price changes (from one contract cycle to another or at year-end for individual licenses or packages) are reserved by escProfile
  • Technical Updates: Technical changes may be implemented at any time
  • Notification: Significant changes will be communicated in advance where possible

General Terms and Conditions

Intellectual Property Rights

  • esc Profile Methodology: Proprietary assessment methodology protected by copyright and trade secrets
  • Training Materials: All seminar content, manuals, and educational materials are protected intellectual property
  • Usage Restrictions: No reproduction, distribution, or modification without written permission

Confidentiality

  • Client Data: All client and participant data treated as strictly confidential
  • Assessment Results: Individual assessment results shared only with authorized personnel
  • Business Information: Mutual respect for confidential business information

Force Majeure

  • Unforeseeable Events: Performance obligations suspended during force majeure events
  • Notification: Parties must notify each other promptly of force majeure circumstances
  • Mitigation: Reasonable efforts to minimize impact and resume services

Governing Law and Jurisdiction

  • Applicable Law: These terms are governed by Austrian law
  • Jurisdiction: Vienna courts have exclusive jurisdiction for any disputes
  • Language: In case of translation conflicts, the German version prevails

Modifications and Contact

Terms Modifications

escProfile reserves the right to modify these terms of service. Significant changes will be communicated to clients in advance. Continued use of services after notification constitutes acceptance of modified terms.

Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will continue to be valid and enforceable.

Contact Information

Legal and Contractual Matters

Ralph Köbler
Managing Director
ralph.koebler@escprofile.com
+43-1-944 80 34

Customer Support

General Inquiries
support@escprofile.com
Response time: 24-48 hours
Available: Monday - Friday, 9 AM - 6 PM CET

Legal Disclaimer

These terms of service constitute a legal agreement. If you do not agree to these terms, please do not use our services. For specific legal advice, consult with a qualified attorney.

Last updated: January 2025
Version: 2025.1