These are the terms of business of KYKO-UK Limited. They apply to each engagement undertaken by us unless we agree with you to vary or exclude them

CONFIDENTIALITY AND FAIR DEALING

1. We undertake not to divulge confidential information relating to your business or affairs without your authority.

CANCELLATION POLICY

2.  Online Psychometric tests may be cancelled and all funds returned if cancelled in writing within 14 days of purchase as long as the tests have not been started.

Training courses can be cancelled at anytime and will be refunded as per the following:

• Full refund if cancelled with 29 or more days notice
• 75% refund if cancelled between 21 and 28 days notice
• 50% refund if cancelled between 14 and 20 days notice
• 25% refund if cancelled between 7 and 13 days notice
• 0% refund if cancelled between 0 and 6 days notice

Note:  KYKO-UK Limited will endeavour to provide full refunds wherever possible.

BILLING RATES AND PAYMENT TERMS

3. Unless otherwise agreed, Online Psychometric tests and training courses are charged in advance with the addition of value added tax if applicable. 

Consulting services are payable, with the addition of value added tax if applicable, within 30 days of presentation of our fee note.  Fees are payable in pounds sterling unless otherwise agreed.  Out of pocket expenses will be charged to you by being included as separate items in our fee note.  If full payment is not made by the due date then interest shall be payable from the date of the invoice as well after judgment as before on the outstanding balance calculated daily at the rate of 2% per cent. above the minimum lending rate of Abbey National plc from time to time in force per month compounded monthly until payment.

LIABILITY

4. You recognise that in providing online psychometric testing, training courses, consultancy services and making recommendations to you, we have based our recommendations on our own experience and on the information supplied by you in relation to your business and the market in which you operate.  However, statements of expectations or opinion, forecasts or recommendations are not in the nature of a guarantee by us.  Their achievement will depend, among other things, on their effective implementation by you and your staff.  In addition, any recommendation or advice given by us during the course of our engagement is given to address the specific circumstances at the time when it is given.  We will not update or change any recommendation or advice after that time unless we expressly agree in writing to do so.

5. If during the course of our engagement we are told to assume the completeness or accuracy of particular information, it shall be beyond the scope of our engagement to make further enquiries with respect to that information. 

6. You agree that the following provisions shall apply in respect of any liability (other than liability for dishonesty) which we shall have to you (or to your subsidiary undertakings, parent undertakings or subsidiary undertakings of your parent undertakings each as defined in section 258 of the Companies Act 1985) in contract, tort, under statute (including without limitation under the Civil Liability Contribution Act 1958) or otherwise for any economic loss or damage suffered by you and which arises out of or in connection with any advice or recommendation given by us in the course of our engagement ("Relevant Liabilities"):

(a) we shall have no liability for any indirect or consequential loss suffered or incurred by you including, but not limited to, loss of anticipated profit or consequential funding costs;

(b) we shall not be liable in respect of any losses, liabilities, damages, costs, charges or expenses directly or indirectly arising from our engagement to the extent that such losses, liabilities, damages, costs, charges or expenses were directly or indirectly caused by any fraud, misrepresentation or other wilful default by you or any person employed by you or acting on your behalf;

(c) our aggregate liability for all Relevant Liabilities shall be limited to a sum equal to the actual fees paid to us in connection with any engagement.

SUB-CONTRACTING

7. We shall be entitled to carry out any of our obligations under our engagement through any associates, agents or sub-contractors appointed by us in our absolute discretion for that purpose. However, we shall, as far as practicable, consult with you and take account of your views prior to any such appointment.

TERMINATION

8. If at any time there is any disagreement as to the scope or terms of our engagement we will seek to resolve that disagreement but reserve our right to suspend our services until the disagreement is resolved (but any such suspension shall not relieve you of your obligation to pay our fees to date).  If the suspension continues for more than 20 business days, either of us may give written notice to the other terminating our engagement in accordance with clause 10.

9. Either of us may terminate our engagement by written notice to take effect no earlier than 5 business days after notice is received.  However, if you terminate our engagement and if we have engaged any sub-contractor to provide any services in connection with the engagement and have, before your notice is served, provided a copy of the terms under which we may terminate the sub-contractor's engagement, your notice will if necessary be extended so as to expire 5 business days after the sub-contractor's engagement could have been terminated in accordance with those terms if we had acted on them on the day after it received your notice.

SEVERABILITY

10. If any of the provisions of these terms is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired.

BENEFIT OF THESE TERMS

11. These terms of business are entered into by us on our own behalf of KYKO-UK Limited and any body or entity controlled by KYKO-UK Limited, and any partner, employee, agent or sub-contractor of KYKO-UK Limited or any such body or entity.

12. These terms of business are entered into by you on your own behalf and each of your subsidiary undertakings as defined in section 258 of the Companies Act 1985.  You will procure that each subsidiary undertaking complies with the terms of this engagement letter and you will indemnify us against any failure to procure such compliance. 

NOTICES

13. Any formal communications between us should be sent to our respective addresses as set out in our proposal letter.  You are asked to tell us promptly if your address for receipt of formal communications should change at any time.  We will tell you if our address changes.  Any such communications should be in writing and either delivered by hand or sent by post or facsimile.

14. Apart from communications delivered by hand, which are taken as being received immediately upon delivery, communications by post are deemed to have been received on the business date after posting (or in the case of international post, on the fifth business day after posting) and communications by telefax three business hours after transmission.

GOVERNING LAW AND JURISDICTION

15. KYKO-UK Limited engagements are accepted on the basis that they are to be governed by English law.  You agree to submit to the non-exclusive jurisdiction of the English Courts for the purpose of settling any disputes between us.