Terms & Conditions

Article 1 – Definitions:

  • Personal data: all information about an identified or identifiable natural person (the Data Subject); is regarded as identifiable as a natural person who can be directly or indirectly identified, in particular by means of an identifier such as a name, an identification number, location data, an online identifier or one or more elements characteristic of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person;
  • Data Subject: a natural person on whom the processing of the Solution takes place;
  • Solution: offered (screening) solutions from PESCHECK, including its online services with regard to applying for a KYC screening, background screening or pre- / in employment screening. The solutions are offered from various channels including a SaaS application, website, E-mail and API;
  • Controller: a natural or legal person, government agency, agency or another body that, alone or in conjunction with others, determines the purpose and means of the processing of Personal Data;
  • Processor: a natural or legal person, a government agency, a service or other body that processes Personal Data for the Controller;
  • Client: the legal person or natural person who verbally or in writing or on has otherwise indicated that it wishes to make use of the Solution offered by PESCHECK, whether or not in the form of an Agreement for a (un) definite period;
  • PESCHECK: PESCHECK B.V. the private limited liability company with its registered office in Enschede, also trading under the name PESCHECK®, crypto-kyc.com, kyc.pescheck.io;
  • Agreement: Agreement between the Client and PESCHECK for the implementation of the Solution;
  • Screening: In- / Pre-employment screening is the screening of a potential Data Subject before or during employment. The person concerned can also undergo a KYC request or a background screening, if, for example, tenants are screened;
  • Privacy Policy: PESCHECK’s privacy policy, which states how PESCHECK processes Personal Data;
  • Fee (s): the financial fee that has been agreed with the Client for the performance of the PESCHECK Agreement, or that applies for the performance of the relevant Work;
  • Work: the Activities that PESCHECK performs in the context of offering the Solution to the Client.

Article 2 – Offers

2.1 All quotations from PESCHECK are without obligation and the parties are only bound by a quotation from the moment that an Agreement is concluded between PESCHECK and the Client in accordance with Article 3.1.

2.2 Offers from PESCHECK are valid for a maximum of two (2) months unless stated otherwise.

Article 3 – Agreement

3.1 The Agreement takes effect from the moment that PESCHECK is notified of the acceptance of the offer as described in Article 2.1.

3.2 PESCHECK is obliged to perform the Agreement as of a service provider with a normal professional knowledge, care and attention expected in the industry may be.

3.3 The delivery terms included in the Agreement are to be regarded as target times and cannot be considered deadlines and will only commence after PESCHECK has all the documents required to perform the assignment under the Agreement.

3.4 The Client agrees that PESCHECK will have the Agreement, or parts thereof, carried out (in part) by sub-processors under its responsibility.

3.5 In the event of deviations in the performance of the Agreement, PESCHECK will Inform the client about this as soon as possible.

Article 4 – Working method of PESCHECK

4.1 The Client is obliged to provide PESCHECK with all information and documents that PESCHECK needs for the execution of the Agreement, in a timely manner and in the desired form and in the desired manner.

Article 5 – Fees

5.1 The Client owes PESCHECK a fee per Data Subject for the performance of the Work. The applicable fee is included in the Agreement.

5.2 For making the software available via the internet, as well as security, support and management of data the Client owes a license fee to PESCHECK if this has been agreed upon.

5.3 The prices stated in the Agreement are exclusive of VAT and other levies of government, as well as any costs to be incurred under the Agreement, including shipping and handling charges unless otherwise specified in the Agreement.

5.4 The Work performed by PESCHECK will usually be charged in advance or in another way of this is stated in the Agreement.

5.5 PESCHECK is entitled to adjust the agreed fee periodically.. In the event of an fee increase the Client always has the right to terminate the Agreement.

Article 6 – Payment

6.1 The Client is obliged to pay all invoices from PESCHECK to PESCHECK in euros no later than fourteen (14) days after the date or as much earlier as agreed between the parties. Objections to the amount of the invoices do not suspend the Client’s payment obligation.

6.2 If the Client fails to pay within the period of fourteen (14) days, the Client will be in default by operation of law. The Client shall then be liable for an interest of 10% per month, unless the statutory interest is higher in which case the statutory interest rate shall apply. The interest on the amount due will be calculated from the moment the Client is in default until the total outstanding amount is paid..

6.3 In the event that PESCHECK takes recovery measures against the Client who is in default, the collection costs associated with this matter– with a minimum of 10% of the outstanding invoices and excluding extrajudicial collection costs – are fully borne by the Client.

6.4 Any payments made by the client shall always be allocated towards the settlement of all outstanding interest and costs, and subsequently towards the oldest outstanding invoices, even if the client states that the payment is intended for a later invoice..

Article 7 – Quality

7.1 The Client guarantees the correctness and completeness of the information provided to PESCHECK data. PESCHECK guarantees that it is based on the information provided by the Client data will perform correct and complete Work for the Contractor.

7.2 Complaints about the Work performed by PESCHECK must be reported to PESCHECK by the Client within eight (8) days after discovery, but no later than three (3) months after completion of the Work concerned. Such notice of default must contain as detailed a description as possible of the shortcoming stated by the Client so that PESCHECK is able to respond adequately.

7.3 If a complaint is justified, PESCHECK will be given the opportunity to perform the Work again. In the event that it is no longer possible to perform the relevant Work according to objective standards, PESCHECK will only be liable for any damage within the limits of Article 9 of these general terms and conditions.

7.4 PESCHECK is obliged to observe secrecy with regard to the Personal Data as well as everything connected with the processing of the Personal Data. PESCHECK is obligated to impose the same confidentiality requirements on its employees who have access to the Personal Data.

7.5 Where the client can be regarded as a Controller within the meaning of the applicable privacy laws and regulations, including but not limited to the General Data Protection Regulation (“GDPR”), it has its own responsibility with regard to the processing of Personal Data.

Article 8 – Liability

8.1 The liability of PESCHECK towards the Client and third parties for damages arising from or related to the performance of the Agreement is always limited to the amount reimbursed by the insurer, up to €1,250,000.00 (one million two hundred fifty thousand euros) per occurrence, and up to €2,500,000.00 (two million five hundred thousand euros) per PESCHECK insurance year..

8.2 The Client indemnifies PESCHECK against all claims of the Client, the Parties involved and third parties – including fines imposed by the authorized supervisors – in connection with or arising from (the content of) the Personal Data provided by the Client to PESCHECK.

8.3 When engaging third parties, including subcontractors, PESCHECK will exercise due care. However, PESCHECK shall not be liable for any shortcomings of third parties engaged by them. The liability limitations set forth in these general terms and conditions also apply if PESCHECK is liable for errors of third parties engaged by PESCHECK or for the improper functioning of equipment, software, data files, or other items used by PESCHECK in the performance of the Agreement..

8.4 The aforementioned limitations of liability do not apply in the event of intent or gross negligence by PESCHECK.

Article 9 – Privacy Policy and privacy laws and regulations

9.1 PESCHECK’s Privacy Policy applies to the performance of the Agreement by PESCHECK. PESCHECK will process the Personal Data in a careful manner in accordance with the Privacy Policy and the applicable privacy laws and regulations – including in any case but not limited to the GDPR.

9.2 PESCHECK and the Client agree that PESCHECK is considered the Processor within the meaning of the General Data Protection Regulation (GDPR) regarding the processing of personal data, and that the responsibility for compliance with the obligations related to the processing of personal data through the Work or otherwise lies solely with the Client. In this regard, the provisions in the Appendix apply to the processing of personal data.

9.3 The Client warrants to PESCHECK that the processing of personal data is lawful and does not infringe upon the rights of third parties. The Client shall indemnify PESCHECK against any legal claims brought by third parties, regardless of the grounds, if such claims are related to the processing of personal data, as well as against any fines imposed on the Client by the Data Protection Authority or other competent supervisory authorities and attributable to the Client.

Article 10 – Force majeure

10.1 Force majeure means any circumstance on the basis of which (further) fulfillment of the Agreement cannot be reasonably required by PESCHECK. This includes in any case – but not exclusively – data loss as a result of computer failure, virus infection or computer breach by third parties, machine breakdown and other calamities that prevent or limit the operation of PESCHECK.

10.2 If PESCHECK is unable to perform the Work due to force majeure, either in full or in part, PESCHECK has the right to suspend the performance of the Agreement or consider it dissolved, without the need for legal intervention. PESCHECK retains the discretion to take this action, and is not obligated to compensate the Client for any damages incurred as a result.

Article 11 – Applicable law and competent court

11.1 These general terms and conditions are effective from 1 January 2020.

11.2 Dutch law applies to the legal relationship between PESCHECK and the Client. Any disputes that may arise from or in connection with the Agreement will be exclusively resolved by the District Court of Overijssel, located in Almelo, without prejudice to any other jurisdiction.

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