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;
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;
Activities: 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 is concluded when the parties submit the offer as described in Both have signed Article 2.1. The Agreement has also been concluded if, prior to signing, both parties have emailed each other confirmed that the cooperation is agreed.
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 further.
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 can be charged in advance, in the interim or periodically.
5.5 PESCHECK is entitled to adjust the agreed fee periodically in accordance with the rates it has determined. In the event of an increase in the rates, 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 is then an interest payable at 10% per month unless the statutory interest is higher in which case the statutory interest applies. The interest in the claimable amount will be calculated from the moment the Client is in default until the moment of payment of the total amount due.
6.3 In the event that PESCHECK takes recovery measures against the Client who is in default, the costs falling on that collection – with a minimum of 10% of the outstanding invoices and including extrajudicial collection costs – will be fully borne by the Client.
6.4 The payments made by the Client always serve to settle all interest and costs due and then the longest due and payable invoices open, even if the Client states that the payment relates to 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 and/or the Data Subject 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 commits its own employees who have access to the Personal Data to the same confidentiality.
7.5 Where the client can be regarded as a Data 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 damage that arising from or related to the performance of the Agreement is always limited
up to the amount paid out by the insurer, concerning € 1,250,000.00 (one million two hundred fifty-thousand) per claim, up to € 2,500,000.00 (two million five hundred thousand) 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 PESCHECK will always exercise due care when engaging third parties, including in particular the sub-processors. However, PESCHECK is not liable for shortcomings of third parties engaged by it. The limitations of liability as included in these general terms and conditions also apply in the event that PESCHECK is liable for errors by third parties engaged by PESCHECK or for the improper functioning of PESCHECK in the implementation of the Agreement used equipment, software, data files or other matters.
8.4 The aforementioned limitations of liability do not apply in the event of intent or gross negligence of PESCHECK.
Article 10 – Force majeure
10.1 Force majeure means any circumstance on the basis of which (further) fulfilment 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 In the event that PESCHECK is affected by force majeure, the Work will be prevented in full or PESCHECK has the right, without judicial intervention, to suspend the performance of the Agreement or to regard it in whole or in part as dissolved, at its own discretion, without PESCHECK being obliged to compensate any damage suffered by the Client.
Article 11 – Applicable law and competent court
11.1 These general terms and conditions are effective from 1 January 2016.
11.2 The legal relationship between PESCHECK and the Client is governed by Dutch law. All disputes between PESCHECK and the Client that may arise as a result of or in connection with the Agreement will be settled by the competent court in Almelo to the exclusion of everyone else.