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Special terms and conditions of sale

version 1.0 – 17 March 2025

General terms & conditions for sales 

The general terms & conditions of sale, which you can find at https://assessmentq.com/terms-of-sale/?lang=en, apply to all quotes from Televic Education NV. These, and all terms and conditions and clauses, shall form an integral part of this offer. In the event of a discrepancy, the specific conditions below shall prevail over the general terms and conditions of sale. 

Payment terms 

The following payment terms apply to this proposal: 

  • Upon entry into this contract, Televic Education will send the customer an invoice for the one-off investment and the annual fee. After that, Televic Education will send the customer the subsequent invoice on the anniversary of the licence period. 
  • Prices for licences and hourly rates for services (as included in the contract or in any appendices to it) are index-linked once a year (each time the agreement renews), based on the Agoria index and therefore the following formula: P=P0{0.2 + 0.8 (X1: X0)} where: 
      • P = the revised price 
      • P0 = the basic price 
      • X1= the national reference wage costs from the month prior to the renewal 
      • X0 = the same wage costs in the month preceding this contract. 
  • Other significant price changes due to exceptional circumstances or increased costs will be announced by Televic at least 3 (three) months in advance and implemented at the start of a new year of the licence. 
  • Customer payment terms are 30 days after the end of the month of the invoice date. If, after receiving the invoice, the customer does not pay the amount by this deadline, the customer shall be liable to pay a lump-sum compensation of 15% of the unpaid amount, automatically and with no notice of default, subject to a minimum of €50, plus interest, equal to 15% per year. 
  • For any work or training conducted by Televic Education abroad, transport and accommodation costs shall be charged. 
  • A session is one exam started during the term of a licence year. 
      • If the maximum number of sessions or users per year is exceeded, Televic will invoice an additional fee equal to the unit price per session or user of the current licence multiplied by the number of additional sessions or users.
      • The customer can redefine the maximum number of sessions per licence year based on the real number of sessions (of the past year) or the estimated future number of sessions. 
  • All prices and amounts always exclude VAT. 
      • VAT will be invoiced for Belgian customers. 
      • Elsewhere in the EU, the Televic product is exempt from Belgian VAT as an intra-Community supply. 
      • Outside the EU, the export of goods and services is VAT exempt, although all import duties and local taxes shall be the liability of the customer. 

 

Duration and termination of the contract 

  • The current contract has been entered into for a duration mentioned on the quote, starting from the date of signature and ending no earlier than the end of the last year. Once this period has elapsed, the contract shall renew tacitly on an annual basis, unless it is terminated by registered letter at least 3 months before the contract expires. 
  • The contract may be terminated by Televic Education by registered letter to the customer at least 3 months before the contract expires. 
  • If the customer terminates the contract within the specified contract duration, compensation shall be due. This compensation is equal to 25% of the total annual licence for the years not completed in this contract duration. 
  • Once this contract has terminated or ended, the customer-specific data can be returned to the customer in a database format available at that time. This data provision is free of charge. However, any transformation work, additional provision of information etc. shall be charged on a time and materials basis. 


Property rights 

Televic Education guarantees that the software delivered is owned by Televic Education or by a third party from which it has received the right to license this software. Furthermore, Televic Education guarantees that the customer data in its possession is sufficiently secured. 

  • All programs, software, studies, systems, documentation, database models and suchlike developed in accordance with this contract shall remain entirely the property of Televic Education. 
  • Content such as text material, images, diagrams, video material, audio material, animation and suchlike included or produced in programs, software, studies, systems, documentation, databases and suchlike remain entirely the property of the customer. This also applies to the content that is added to the system by Televic Education. Liability for the content is and shall remain the customer’s, including copyright or the responsibility to safeguard copyrights on third-party content. 
  • The customer may make use of assessmentQ in the context of academic research. If the customer wishes to sell data or conduct research projects of a commercial nature with the help of assessmentQ, Televic Education must be consulted in advance and shall be given access to the results in the form of a report. 
  • Televic Education remains the owner of the source code for the online exercise and test application assessmentQ. If the customer is able to gain access to the source code, the customer is not in any way whatsoever entitled to make any use thereof or provide information to others. 
  • The customer is entitled to have access to the source code if: 
      • Televic Education is declared bankrupt; 
      • Televic Education is taken over by a party that does not consider itself bound by the agreements within the present contract or offers the continuation of the maintenance for assessmentQ on unreasonable terms. 
  • Televic Education may use the data in the database anonymously for data analysis and may use it for informative and educational purposes. If the customer does not wish this to happen, the customer may inform Televic Education in writing. 
  • Televic Education may use the customer’s name and logo as a reference. If the customer does not wish this to happen, the customer may inform Televic Education in writing. 

 

Non-competition clause 

The customer undertakes not to develop a competing business on the e-assessment (or formative and/or summative evaluation) software market. This is understood to mean offering e-assessment software to external departments, companies and organisations.  

This means that the customer shall only use the assessmentQ software for its own projects and not provide access to the author and planning section of assessmentQ to third parties. The customer shall in no way whatsoever sub-let the assessmentQ functionality, even free of charge. If the customer does wish to do this, the customer must inform Televic Education in writing in advance. Televic Education and the customer will consider together how this can be done. Televic Education is the decision-maker in this process. 

 

Obligations of the customer 

The customer will always provide Televic Education with all data or information useful and necessary for the proper execution of this contract in good time and will offer its full cooperation. If the customer uses its own employees to work on the performance of this contract, these employees shall have the necessary knowledge, experience, abilities and qualities to do so.  

If, in the context of this contract, the customer provides programming, websites, materials, data files or data to Televic Education on a data medium, it shall fulfil the specifications prescribed by Televic Education.  

If the customer or Televic Education fails to provide the other party with the data, equipment, programming or employees necessary for the performance of this contract, or fails to provide them on time or in line with what was agreed, or if the customer or Televic Education does not fulfil its obligations in any other way whatsoever, Televic Education or the customer is entitled to wholly or partly suspend the performance of this contract and is entitled to charge any costs incurred as a result thereof, without prejudice to Televic Education’s or the customer’s right to exercise any other legal right. 

If employees of Televic Education perform tasks on a customer site, the customer shall be responsible for providing any facilities reasonably required by these employees, such as a workspace with computer and telecommunications facilities. The workspace and facilities shall comply with all applicable rules and requirements, legal or otherwise, with regard to working conditions. The customer indemnifies Televic Education against claims by employees of Televic Education who suffer damage or loss as a result of the actions or omissions of the customer or unsafe conditions in the customer’s organisation.  

If, for the performance of the contract, telecommunications facilities are used, including the internet, the customer is liable for making the right choice and for the sufficient and timely availability thereof, except for the facilities directly used or managed by Televic Education. Televic Education shall never be liable for damage, loss or costs for reasons of transmission errors, failures or unavailability of these facilities, unless the customer proves that this damage or loss, or these costs, are the consequence of intent or gross negligence by Televic Education.  

 

Minimum system requirements 

The minimum system requirements for assessmentQ are described at https://support.televic-education.com/hc/en-us/articles/210101945
 

Final provisions 

  • Every clause in this contract that is or could conflict with any legal rules shall be deemed not to have been written. The validity of the other articles shall, however, remain intact. 
  • Televic Education and the customer acknowledge that all principles that are not explicitly included in this contract shall be governed by common law. 
  • Televic Education and the customer explicitly and irrevocably declare that this contract may not refer to the Employment Contract Law under any circumstances whatsoever, either in content or interpretation. Televic Education undertakes to pay its staff in accordance with the Belgian tax and social legislation and indemnifies the customer for any liability with regard to personal income tax or social security contributions, including fines and interest. 
  • Televic Education and the customer acknowledge that there is no hierarchical relationship whatsoever between them. Televic Education has complete freedom as to the practical performance of the tasks entrusted to it, as well as the resources and procedures used. 
  • The terms and conditions of this contract prevail over other terms and conditions for the licensing of assessmentQ. 
  • This contract may not be transferred without written consent from the other party. 
  • This contract may only be amended with the written consent of both parties. 
  • If any of the provisions of the contract is null and void or is or should become unenforceable, this shall have no effect on the validity or enforceability of the other provisions of the contract.