Terms & Conditions
Agreement on Provision of Ad-Hoc Support Services
Please read the terms and conditions of this Agreement on provision of Ad-Hoc Support Services (“Agreement”) before you opt using the services. This is a legally binding contract entered into by and between KompiTech GmbH, a company incorporated in Switzerland, ID number CHE-272.063.992, with its registered office at Thurgauerstrasse 40, Zurich, Post Code 8050, Switzerland (“KompiTech”) and the entity agreeing to those terms (“Customer”). This Agreement is effective on the day when all the following conditions are fulfilled: (i) Customer assents electronically hereto; (ii) Customer provides KompiTech with full company details; and (iii) Customer’s intention to conclude this Agreement is confirmed by KompiTech as indicated in Clause 1.2 hereof (“Effective Date”). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to the terms and conditions hereof; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the party that you represent, to this Agreement. If you do not agree with the terms and conditions hereof or if you do not have the legal authority to bind Customer, please do not click the “I Accept” button below. This Agreement governs Customer’s access and use of the services and is effective as of the Effective Date.
1.1. Successful registration to KompiTech’s services provided hereunder shall provide Customer with access and a non-exclusive, time limited right to use KompiTech’s ticketing tool (platform) called BLiTS (“Platform”) enabling Customer to submit individual requests for provision of IT Services secured by KompiTech according to Customer’s needs.1.2. When Customer submits a request for services provided hereunder, KompiTech validates such Customer’s request and if approved asks Customer to provide full company details. Once done, Customer is granted with access to the Platform and provided with respective confirmation on the provision of services pursuant this Agreement.
1.3. Starting from the Effective Date KompiTech shall: (i) assure Customer’s access to the Platform and proper functionality of the Platform (“Platform Services”) and (ii) provide Customer with IT Services that Customer seeks as defined in its requests for provision of IT Services submitted to the Platform (“IT Services”) (Platform Services and IT Services jointly the “Services”).
1.4. When seeking provision of IT Services, Customer shall provide the description, urgency as well as other details such as its location (or as the case may be any Customer’s site where IT Services are to be provided) that are necessary for provision of IT Services in each of its requests for provision of IT Services submitted to the Platform (“Ticket”). All Tickets shall be managed via the Platform, which provides information on their current status and any respective data.1.5. Any Ticket submitted by Customer must be (i) confirmed by KompiTech (“Confirmed Ticket”) and (ii) then subsequently assigned to a particular KompiTech’s engineer that will secure provision of respective IT Services requested thereunder (“Assigned Ticket”). Any Confirmed Ticket can be cancelled without the cancellation fee until it status changes and it becomes Assigned Ticket. Cancellation of any Assigned Ticket is subject to a cancellation fee equalling to 100% of the IT Services Fee applicable thereto. Save for the cancellation, any other changes to the Confirmed and/or Assigned Tickets are allowed based on mutual agreement with KompiTech’s Service Desk.
1.6. KompiTech shall assure that the Response Time to the Customer’s Tickets made during the Business Hours equals to 2 hours and outside the Business Hours equals to 8 hours (“Service Levels”). In no case KompiTech shall be held liable for not achieving the Service Levels if not achieving these is caused due to Customer’s acts and/or non-fulfilment of Customer’s obligations hereunder.
- Fees and Payment
2.1. Customer is obliged to pay fees for requested IT Services (“Fees”). The exact amount of Fees depend on Customer’s choice as the Platform offers certain price range depending mainly on the urgency of each individual Ticket.2.2. The Fees are inclusive of all required travel and related expenses. Procuring of hardware and/or software if requested by Customer, is not included in the Fees and shall be charged separately.2.3. KompiTech shall invoice Customer monthly for IT Services which were properly performed in accordance with the Tickets submitted and resolved in the respective month. The data pertinent Customer’s activity within the Platform shall serve as the basis for invoicing.
2.4. Customer shall make payments of all undisputed invoices within 14 days of receipt of such invoices.
2.5. The payments are to be made exclusively into the bank account stated on the invoice.
2.6. KompiTech is entitled to request prepayments should provision of IT Services involve procuring hardware for Customer (“Prepayments”) and Customer hereby agrees to provide Prepayments if requested by KompiTech. Prepayments invoices are payable within 3 days of the receipt of such invoices. Customer’s failure to provide Prepayments pursuant this Clause shall lead to suspension of Services performance until the Prepayment is dully provided and in no case it shall be deemed KompiTech’s breach of this Agreement.
2.7. All fees under this Agreement are exclusive of applicable taxes (including VAT and any other sales taxes) now or hereafter levied or imposed thereon. KompiTech’s invoices will separately state all applicable taxes. Customer shall not be liable for any taxes not included on the applicable invoice and KompiTech shall fully defend and indemnify Customer from any liability arising from such omission.
2.8. Any invoice disputes must be submitted prior to the invoice due date. If the Customer disputes the invoice, it shall be entitled to withhold payment of the disputed amount until the dispute is resolved. The Parties shall work in good faith to resolve such issues within 14 days of the notification of the dispute.
2.9. In case Customer fails to fulfil the payment obligation in respect of an undisputed invoice or unjustifiably disputed invoice within the payment period set out above and does not pay it even within additional period provided by KompiTech, Customer accepts that KompiTech may proceed according to Clause 4.2 (i) hereof.
2.10. Delinquent payments may bear interest at the rate of 0.5 % per month from the payment due date until paid in full. The Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by KompiTech in collecting such delinquent amounts, except where such delinquent amounts are due to KompiTech’s billing inaccuracies.
- Obligations of the Parties
3.1. KompiTech will, in accordance with this Agreement:3.1. 1. secure Platform’s operation and provide Customer with IT Services according to Customer’s Tickets dully and in a timely manner. The Services will be accurately and efficiently rendered in accordance with current and highest professional and industry standards;
3.1. 2. perform the Services with staff that is suitably trained and qualified for the particular purpose;
3.1. 3. be responsible for complying with any applicable laws, statutes, regulations and codes of practice relating to the provision of the Services and all of its obligations hereunder;
3.1. 4. work and co-operate with Customer’s personnel and with any other personnel notified to it by the Customer;
3.1. 5. take out and maintain at its own cost comprehensive insurance, including professional indemnity insurance and general liability insurance to cover its liabilities and potential liabilities.
3.1.6. at all times ensure that its employees, agents and sub-contractors comply with any applicable laws and market standards relating to the environment, corporate social responsibility, conduct, security and health and safety while they are at the Customer’s sites.
3.2. Customer will, in accordance with this Agreement:
3. 2. 1. provide KompiTech promptly with all reasonable co-operation, information and inputs required by KompiTech to perform its obligations under this Agreement;
3. 2. 2. pay any and all Fees and charges stated hereunder;
3. 2. 3. if applicable, provide KompiTech with all necessary access to sites required by KompiTech for the purposes of Services provision.
4. 1. Either Party may terminate this Agreement upon a written notice with 1-month notice period.4. 2. KompiTech may suspend performance of Services or terminate this Agreement with immediate effect if: (i) Customer is in material breach of the Agreement and fails to cure that breach within the cure period provided by KompiTech; (ii) Customer ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 60 days; (iii) declares its inability to pay its debts as they become due or files for liquidation or dissolution.
4. 3. Upon termination of this Agreement for any reason: (i) the Parties will use good faith and reasonable efforts to implement, as quickly as possible, a smooth termination that minimizes the adverse impact on Customer; (ii) KompiTech will deliver all pending Services to Customer; (iii) Customer will pay all amounts due to KompiTech for Services performed in compliance with this Agreement and (iv) each Party will promptly return the confidential information to the discloser. Upon termination of this Agreement, the provisions of this Agreement that by their nature are intended to survive (such as confidentiality, intellectual property rights, indemnification, liability, governing law and dispute resolution) will survive
- Intellectual property rights
5.1. Except as expressly set forth herein, this Agreement does not grant either Party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the Parties, Customer owns all intellectual property rights in Customer’s data, and KompiTech owns all intellectual property rights in the Services. However, if there is a disclosure of materials containing intellectual property rights, then the originating Party will allow the receiving Party to use its intellectual property rights by granting to the receiving Party a non-transferable, non-exclusive and royalty-free license to use such intellectual property rights solely to the extent necessary for purposes related to the Services.5.2. Customer shall only have a non-exclusive, non-assignable, limited right to use the Platform solely for the performance of its rights and obligations under this Agreement and subject to the terms of this Agreement. Customer shall not otherwise acquire any right, title or interest in the Platform and KompiTech shall retain all ownership and intellectual property rights to the Platform. Customer shall not do anything which would harm the Platform or would harm KompiTech’s ownership right therein.
5.3. KompiTech shall not be liable to Customer (whether for breach of contract, negligence or any other common law or statutory cause of action or otherwise) for any loss, damage, cost, expense or liability (whether direct indirect or consequential) arising out of Customer’s use of, or inability to use the Platform
6.1. Each Party will: (i) protect the other Party’s Confidential Information with the same standard of care it uses to protect its own Confidential Information; and (ii) not disclose the Confidential Information, except to affiliates, employees, agents and contractors who need to know it and who have agreed in writing to keep it confidential. Each Party (and any affiliates, employees, agents and contractors to whom it has disclosed Confidential Information) may use Confidential Information only to exercise rights and fulfil its obligations hereunder, while using reasonable care to protect it. Each Party is responsible for any actions of its affiliates, employees, agents and contractors in violation of this Clause.6.2. Confidential Information does not include information that: (i) the recipient of the Confidential Information already knew; (ii) becomes public through no fault of the recipient; (iii) was independently developed by the recipient; or (iv) was rightfully given to the recipient by another party.
6.3. Each Party acknowledges that monetary remedies will be inadequate to protect the Confidential Information and that injunctive relief will be appropriate to protect such rights. Each Party acknowledges that the disclosing Party will be irreparably damaged to the extent that any of the terms of this Agreement are violated and agrees that such terms shall be enforceable through: (i) issuance of an injunction restraining the authorized copying, duplication, use, dissemination or disclosure of any Confidential Information, or (ii) any other remedies, whereas remedies shall be cumulative with and not exclusive of any other remedy or remedies.6.4. Each Party may disclose the other Party’s Confidential Information when required by law but only after it, if legally permissible: (i) uses commercially reasonable efforts to notify the other Party; and (ii) gives the other Party the chance to challenge the disclosure.
6.5. The obligations set forth in this Clause 6 shall survive the termination of this Agreement for a period of two 2 years from the date of the last disclosure of Confidential Information hereunder.
6.6. At the conclusion of the relationship between the Parties, all Confidential Information, including any reports, data, documents, files or other information resulting therefrom, shall be returned to disclosing Party or destroyed, and if destroyed, receiving Party shall provide written certification upon destruction
- Data Protection
7. 1. Should the Parties process personal data obtained on the basis of this Agreement they are obliged to comply with the provisions of the Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and any other applicable national legislation.7. 2. KompiTech hereby informs the Customer that it will process any personal data obtained from Customer or on its behalf as a processor of personal data, in which case Annex 1 hereto shall apply.
8.1. Under no circumstances shall either Party be liable to the other for any special, incidental, indirect, or consequential damages (including loss of data, profits, or revenue, cost of capital or downtime costs), or any exemplary or punitive damages arising out of any performance of this Agreement, regardless of whether such damages are based in tort, warranty, contract or any other legal theory, even if advised of the possibility of such damages. Notwithstanding any other provisions of this Agreement, any purported limitation on Party’s liability, either as to type or amount of damages shall not apply to any claim arising from Party’s breach of its obligations, or Party’s defence and indemnity obligations.
- Dispute resolution
9. 1. Any dispute or a claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be resolved as follows:9. 1. 1. either Party may submit a dispute for resolution by providing the other Party a written notice of the dispute. The notice shall contain a brief statement of the nature of the dispute, the relief requested and other relevant information;
9. 1. 2. in the event of a dispute, the Parties shall attempt to use best endeavours to consult and negotiate in good faith (through their duly appointed representatives with authority to settle the same) and attempt to reach an amicable, just and equitable settlement satisfactory to the said Parties;9. 1. 3. If the dispute is not resolved through consultations and negotiations pursuant the process mentioned above, it shall be referred to the exclusive jurisdiction of the courts of Switzerland
10. 1. Books and Records. KompiTech shall maintain complete and accurate accounting records to support and document all charges under this Agreement. Such records shall be retained for a period of at least 10 years following completion of the Services. Customer (or an accounting organization retained and authorized by the Customer) shall have the right to request access to such records, for purposes of audit, for so long as such records are required to be maintained. Each Party shall bear its own costs of an audit as per the preceding sentence. In any event, KompiTech shall have the right to dispute audit findings and shall have no liability for audit costs, other than its own, until the dispute is resolved.10. 2. Non-Solicitation and Non-Competition. Neither Party will actively seek to employ, directly or indirectly, any personnel of the other Party or their subcontractors who has been engaged in connection with the Services for 12 months following termination of the Agreement. This Clause does not restrict either Party from recruiting through the normal process of advertising, interview and acceptance. If either Party does employ staff in breach of this Clause, that Party shall pay to the other Party by way of liquidated damages for such breach EUR 30,000 per person employed in breach of this Clause.
10. 3. Force Majeure. Neither Party shall be liable to the other for any delay or non-performance of its obligations hereunder arising from any cause beyond its reasonable control, including but not limited to: an act of God, war or civil war (whether declared or not), hostile or warlike action in time of peace and armed conflict; acts of terrorism; fire, flood, explosion or extraordinary act of nature; sabotage; pandemics; nuclear, chemical or biological contamination unless the source or cause of the contamination is the result of the actions of either Party; or acts of governmental authority (“Force Majeure Event”).
The Party claiming to be prevented or delayed in the performance of any of its obligations by reasons of Force Majeure Event shall give notice in writing of such delay or prevention to the other Party as soon as reasonably possible, stating the commencement date and extent of such delay or prevention, the cause thereof and its estimated duration.
- The Party claiming to be prevented or delayed in the performance of any of its obligations by reasons of Force Majeure Event shall take all reasonable steps to bring the Force Majeure Event to a close or to find a solution by which the Agreement may be performed despite the continuance of the Force Majeure Event.10. 4. Anti – Bribery & Corruption. In connection with or in the performance of the obligations under this Agreement neither KompiTech nor any KompiTech’s personnel, shall directly or indirectly make or attempt to make any payment, offer for payment, or offer or promise to make any payment or take or attempt to take or agree to take in currency, property or anything else of value including any commission, payments, share in profits or commission, loans, or services to any government official, third person, client or potential client, firm, entity, individual, organization of Customer or any third parties in seeking or for making a favour in the course of conduct of business, in violation of any statute or regulation in any country of the world which has the objective of prevention of corruption of any nature whatsoever.
10. 5. Severability. Any provision of this Agreement which is declared void or unenforceable by any competent authority or court will, to the extent of such invalidity or unenforceability, be deemed severable and will not affect the other provisions of this Agreement. In lieu of the invalid provision or to fill the unintentional gap a legally valid and enforceable provision agreed between the Parties shall apply which corresponds as closely as possible to the intentions of the Parties according to the purpose of this Agreement.
10. 6. Waiver. No failure, delay, relaxation or indulgence on the part of either Party in exercising or partial exercise of any right hereunder shall operate as a waiver of such rights.
10. 7. Notices. Each notice required to be given pursuant to this Agreement shall be in writing and be deemed effective when delivered via the Platform, email, via registered or certified mail.
10. 8. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of Switzerland, without regard to the conflict of law provisions of such laws. The place of jurisdiction shall be Zurich, Switzerland
“Agreement” means this Agreement on Provision of Ad-hoc Support Services;
“Assigned Ticket” has the meaning as defined in Clause 1.5 hereof;
“Business Hours” means standard business hours during workweek (excluding bank holidays) in the location, where IT Services are to be provided;
“Confidential Information” means with respect to either Party, all information relating, directly or indirectly, to such Party (or its affiliates) or its (or its affiliates’) business, products, markets, customers, condition (financial or other), operations, assets, liabilities, results of operations, cash flows or prospects which is delivered, disclosed or furnished by or on behalf of such Party to the other Party or its representatives, before, on or after the date hereof, regardless of the manner in which it is delivered, disclosed or furnished;
“Confirmed Ticket” has the meaning as defined in Clause 1.5 hereof;
“Effective Date” means the date all the following conditions are fulfilled: (i) Customer assents electronically hereto; (ii) Customer provides KompiTech with full company details; and (iii) Customer’s intention to conclude this Agreement is confirmed by KompiTech as indicated in Clause 1.2 hereof;
“Fees” means fees payable for IT Services provided hereunder as described in Clause 2.1 hereof;
“Force Majeure Event” means events and situations as described in Clause 10.3 hereof;
“IT Services” means part of the Services provided by KompiTech hereunder – i.e. any and all activities related to assurance of IT Services that Customer seeks as defined in its requests for provision of IT Services submitted to the Platform;
“Platform” means KompiTech’s ticketing tool called BLiTS (platform), via which the Services are provided;
“Platform Services” means part of the Services provided by KompiTech hereunder – i.e. any and all activities related to assurance of Customer’s access to the Platform and proper functionality of the Platform;
“Prepayments” means prepayments that KompiTech is entitled to charge to the Customer as defined in Clause 2.6 hereof;
“Response Time” means the time limits as defined in Clause 1.6 hereof, by which KompiTech undertakes to confirm any Customer’s Tickets. The Response Time shall be counted starting from the submission of the Ticket by the Customer;
“Service Levels” means Service Levels of the IT Services as defined in Clause 1.6 hereof;
“Service Desk” means KompiTech’s Service Desk for any Services’ related matters and issues that may be reached via email@example.com;
“Services” means Platform Services and IT Services provided hereunder;
“Ticket” means Customer’s request for provision of IT Services submitted to the Platform, in which Customer specifies details relevant for provision of IT Services such as the description, urgency, its location (or as the case may be any Customer’s site where IT Services are to be provided);
GDPR TERMS – Data Procesing Agreement
This GDPR TERMS – DATA PROCESING AGREEMENT (hereinafter referred to as “Amendment”) is entered into between the parties identified above and amends the Agreement on Provision of Ad-Hoc Support Services (hereinafter referred to as “Services”) (hereinafter referred to as “Agreement”), in accordance with the requirements of the European Union General Data Protection Regulation (Regulation (EU) 2016/679).
IT IS AGREED as follows:
- General1. 1. Capitalised terms used but not defined in this Amendment shall have the meaning given to them in the Agreement.1. 2. In consideration of the performance of each party’s obligations set out in this Amendment and the Agreement, the parties agree that the Agreement be supplemented by adding the following clause 2 (hereinafter referred to as “GDPR Terms”).1. 3. The GDPR Terms shall become effective as at the conclusion date of the Agreement.1. 4. The following defined terms are used in the GDPR Terms:
a) Data Protection Laws means (a) the GDPR; and (b) all other laws concerning the processing of data relating to living persons;
b) Data Subject means each identified or identifiable (whether directly or indirectly) natural person to whom any Personal Data relates;
c) GDPR means Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
d) Personal Data means any information relating to an identified or identifiable living individual; and
e) Personal Data Breach means any actual or suspected breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
- GDPR Terms2. 1. General terms
a) To the extent that KompiTech processes Personal Data in the course of providing the Services, each party acknowledges that, for the purpose of Data Protection Laws, Customer is the controller of the Personal Data and KompiTech is the processor.
b) KompiTech shall implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of the GDPR and ensure the protection of the rights of the data subject.
c) Processing by KompiTech shall be governed by this Agreement under any law of the European Union or any member state of the European Union, which is binding on KompiTech with regard to Customer. The subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data, the categories of data subjects and the obligations and rights of Customer are set forth in this Agreement (as amended by the parties from time to time).
d) KompiTech shall:
- only process that Personal Data in accordance with the documented instructions of Customer (including to the extent necessary to provide the Services and to comply with its obligations under this Agreement);
- inform Customer if, in KompiTech’s opinion, any of Customer’s instructions would breach Data Protection Laws; and
- assist Customer with undertaking an assessment of the impact of processing that Personal Data, and with any consultations with a supervisory authority, if and to the extent an assessment or consultation is required to be carried out under Data Protection Laws.
2. 2. Data Subject Rights
a) implement appropriate technical and organisational measures for the fulfilment of Customer’s obligation to respond to requests by Data Subjects to exercise their rights of access, rectification or erasure, to restrict or object to processing of Personal Data, or to data portability; and
b) if a Data Subject makes a written request to KompiTech to exercise any of the rights referred to in clause 2(a), forward the request to Customer promptly and shall, upon Customer’s reasonable written request, provide Customer with all co-operation and assistance reasonably requested by Customer in relation to that request to enable Customer to respond to that request in compliance with applicable deadlines and information requirements.
2. 3. Security measures
a) taking into account the state of the art, the costs of implementation and the nature, scope, context and purpose of processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, implement and maintain appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including the risk of unauthorised or unlawful processing of Personal Data, and of accidental or unlawful loss, alteration, unauthorised disclosure or destruction of, or damage to, Personal Data; and
b) notify Customer without undue delay after becoming aware of a Personal Data Breach, and upon Customer’s reasonable written request, provide Customer with all co-operation and assistance reasonably requested by Customer to enable Customer to notify the Personal Data Breach to the relevant supervisory authority and relevant Data Subject(s) (as applicable).
2.4. Sharing of personal data
a) not engage another processor without prior specific or general written authorisation of Customer and in the case of general written authorisation Customer hereby consents to the involvement of the additional processors – i.e. other IT services partner that may be used by KompiTech in the course of provision of Services;
b) before disclosing Personal Data to any processor, enter into a contract with that processor under which the processor agrees to comply with obligations equivalent to those set out in these GDPR Terms; and
c) before disclosing Personal Data to any of its employees and representatives, and the employees and representatives of each of its processors, in each case who have access to the Personal Data, ensure that those persons:
- i) have undergone appropriate training in data protection and the care and handling of Personal Data;
- ii) are bound to hold the information in confidence to at least the same standard as required under this Agreement (whether under a written agreement or otherwise).
2. 5. Transfer of personal data
a) not transfer Personal Data to, or process Personal Data in, any third country or territory without entering into an agreement containing similar terms to these GDPR Terms with Customer unless (and for so long as):
- i) there has been a European Community finding of adequacy pursuant to Article 25(6) of Directive 95/46/EC or, after 24 May 2018, Article 45 of the GDPR in respect of that country or territory;ii) the transfer is to the United States to an importing entity that is a certified member of the EU-US Privacy Shield; or
ii) Customer and the relevant importing entity are party to a contract in relation to the export of Personal Data incorporating standard contractual clauses in the form adopted by the European Commission under Decision 2010/87/EU or an equivalent data transfer agreement meeting the requirements of Data Protection Laws.
- i) there has been a European Community finding of adequacy pursuant to Article 25(6) of Directive 95/46/EC or, after 24 May 2018, Article 45 of the GDPR in respect of that country or territory;ii) the transfer is to the United States to an importing entity that is a certified member of the EU-US Privacy Shield; or
b) Where any mechanism for cross-border transfers of Personal Data is found by a supervisory authority, court of competent jurisdiction or other governmental authority to be an invalid means of complying with the restrictions on transferring Personal Data to a third country or territory as set out in Data Protection Laws, the parties shall act in good faith to agree the implementation of an alternatives solution to enable Customer to comply with the provisions of Data Protection Laws in respect of any such transfer.
2. 6. Compliance
a) promptly notify Customer if it receives any complaint, notice or communication which relates directly or indirectly to the processing of Personal Data, or to either party’s compliance with Data Protection Laws, and shall fully co-operate and assist Customer in relation to any such complaint, notice, communication or non-compliance; and
b) upon Customer’s reasonable written request, provide all information necessary to demonstrate compliance with these GDPR Terms, and allow Customer or an auditor appointed by Customer to carry out audits, to verify compliance with these GDPR Terms.
2. 7. Termination / expiry
a) unless expressly stated otherwise in this Agreement, upon termination of this Agreement, KompiTech shall, and shall procure that each processor shall, immediately cease to use the Personal Data and shall, at Customer’s option, return the Personal Data to Customer or to a processor nominated by Customer or delete the Personal Data and all copies and extracts of the Personal Data unless required to retain a copy in accordance with any law of the European Union or any member state of the European Union; and
b) on expiry or termination of this Agreement (however arising) these GDPR Terms shall survive and continue in full force and effect.
- MISCELLANEOUS PROVISIONS
3. 1. This Amendment may be executed in any number of counterparts, all of which, taken together, shall constitute one and the same agreement, and any party (including any duly authorised representative of a party) may enter into this Amendment by executing a counterpart.
3. 2. If there is any conflict or inconsistency between the GDPR Terms and the other terms of the Agreement, these GDPR Terms will govern. Except for changes made by this Amendment, the Agreement remains unchanged and in full force and effect and the original effective date (or equivalent) as defined in the Agreement shall remain the same.
|Description of processing|
|Duration of processing||During the performance of the Agreement on Provision of Ad-Hoc Support Services|
|Nature of processing||Use of the data for the performance of the agreement|
|Purpose of processing||Contractual relation with Customer|
|Customer Personal Data|
|Data subjects||To which categories of data subjects does the Customer’s Personal Data which KompiTech may process relate?
– Customer’s customers
– Customer’s employees
– Customer’s contractors
– Customer’s suppliers
|Data categories||What types of Customer’s Personal Data may KompiTech be authorized to process?
– Contact details
– Location data
|Sensitive Personal Data||What types of Customer’s Sensitive Personal Data may KompiTech be authorized to process?
– None – Personal Data being processed by KompiTech does not include any of Customer’s sensitive Personal Data.