In compliance with these T&Cs, the Laureate represents any individual or legal entity who got acquainted with these T&Cs and has taken actions to place, pay for, and receive an order. The Service Provider, as prescribed these T&Cs, is Standard Chartered Rating GmbH (hereinafter – the Parties).
1.1 In the context of § 14 of the German Civil Code (BGB), only the following T&Cs for business apply to the services provided by the Service Provider to its Laureates as a contractor. Any official documents of the Laureate, including the Laureate’s regulations and T&Cs, shall not form part of these T&Cs.
1.2 These T&Cs take precedence over any Laureate`s rules stated in the order, other proposals, or written documents if they differ on one way or another from these T&Cs.
1.3 These T&Cs also apply to all future orders placed by the Laureate with the Service Provider after the application of these T&Cs, even if subsequent orders do not contain any additional references to the validity of these T&Cs.
1.4 These T&Cs come into effect for the Parties after the Service Provider confirms to the Laureate that the Service Provider has received the full payment from the Laureate according to the issued invoice.
2.1 In accordance with these T&Cs, the Service Provider commits to providing the Laureate with a full set of services related to the organization of Awardpresentations.
2.1.1 By the organization of Award presentations specified in these T&Cs, it’s ment as the production and delivery to the Laureate-specified address of the “AWARD FOR HIGH REPUTATION” and/or “STAR OF REPUTATION ORDER” (hereinafter – Award) in physical and/or electronic form, as determined by these T&Cs and confirmed by an invoice fully paid by the Laureate. These T&Cs do not apply without an invoice fully paid by the Laureate.
2.1.2 The comprehensive services under these T&Cs include the following types of services:
2.1.2.1 production of Award (physical and/or electronic);
2.1.2.2 Arrangement of Award delivery to the postal address specified by the Laureate for physical Award, or to an electronic address for electronic Award;
2.1.2.3 Provision of organizational, informational, and technical support to the Laureate as outlined by these T&Cs;
2.1.2.4 Provision of other services if they are additionally agreed upon between the Laureate and the Service Provider.
2.2 In order to obtain the services, the Laureate applies to the Service Provider with an order for such services and receives relevant offers from the Service Provider. Offers and prices rended by the Service Provider to the Laureate are valid for 2 (two) months from the moment of their dispatch to the Laureate’s email from which the order was received. After the expiration of this term, the Service Provider is not obliged to fulfill its offers.
2.3 The price list given to the Laureate is an offer from the Service Provider with the aim to inform the Laureate about the available service options provided by the Service Provider.
2.4 An approved order is the accepted offer from the Service Provider, provided to the Laureate alongside with the invoice, in the precedure established in section 5.2. of the T&Cs.
2.5 The Laureate’s confirmation of acceptance of the offer is a payment in full for the Service Provider’s services according to the invoice sent together with the approved order.
2.6 Term of the execution of the approved order is determined by the T&Cs of the offer, the agreement between the Parties on the execution of certain types of obligations, and the T&Cs objectively required for the order execution. The Service Provider is obligated to inform the Laureate about the deadlines objectively required for executing each specific type of order.
2.7 Unless otherwise agreed by the Parties, the general term for the Service Provider to deliver the Award to the Laureate is:
2.7.1 For Award in electronic form (to the Laureate’s email) – 7 (seven) working days as of the date of the Laureate’s payment of the full cost of the service according to the invoice and the receipt by the Service Provider of the competed Questionnaire from the Laureate;
2.7.2 For Award in physical form (to the Laureate’s postal address) – 90 (ninety) calendar days as of the date of the Laureate’s payment of the full cost of the service according to the invoice and the receipt by the Service Provider of the competed Questionnaire from the Laureate.
3.1 The Laureate must provide the Service Provider with all the information that will be determined by the Service Provider as required for the execution of the order. The list of necessary information is determined by the Service Provider and is provided to the Laureate alongside with the provision of the offer.
3.2 The Parties pladge to ensure effective cooperation of their representatives (including staff/trusted individuals/contractors) throughout the term of these T&Cs for the appropriate provision/receipt of services.
3.3 The Parties undertake to maintain operative telephone and electronic communication between them to address current issues related to the provision of services under these T&Cs.
3.4 The Service Provider guarantees that the information and powers provided by the Laureate and/or authorised by him are used solely for the purpose of providing services under these T&Cs.
3.5 The Parties undertake not to disclose information known to them during the provision of services under these T&Cs to any third parties, except if necessary for complying the obligations under these T&Cs.
3.6 The Parties must ensure the confidentiality of commercial, banking, and/or other secrets protected by law during the execution of these T&Cs.
3.7 The services provided by the Service Provider should comply with the content of the order, the criteria for evaluating the quality of services defined in these T&Cs, the legal and acceptable requirements of the Service Provider, international quality standards set for the relevant type of service, as well as national quality standards established in the service consumption territory. All types of services should be suitable for their intended use as specified in these T&Cs.
3.8 If representatives/employees/third parties of the Laureate obstruct the execution of these T&Cs, the Service Provider must immediately notify the Laureate so that the Laureate can take measures to ensure the proper execution of these T&Cs. If the Laureate does not adhere to these T&Cs, the Service Provider has the right to refuse to perform its obligations under these T&Cs in whole or in part.
3.9 If the Laureate does not provide the Service Provider with information about the delivery address (postal and/or electronic), the delivery of Award is carried out to the Laureate’s address (postal and/or electronic) specified in the approved Laureate’s order.
3.10 The Laureate’s refusal to accept the Award, within the framework of the execution of these T&Cs, or the Laureate’s non-acceptance of the provided Award is not a reason for the Service Provider to refund the payment made under these T&Cs.
3.11 In case of detecting any defects in the Award (excluding packaging) that prevent the Award from being used as intended, the Laureate’s representative should document such defects in a written form with photo confirmation, signed by both the Laureate’s representative and the delivery person. In this case, the contractor is obligated to rectify the defects of the Award and deliver the Award to the Laureate at their own expense.
3.12 The services under these T&Cs are considered to be fully and properly rendered after the Laureate has made a full payment of the invoice and the contractor has delivered the Award to the postal and/or electronic address specified by the Laureate.
3.13 The date of the Laureate receives the Award is considered as the date of fulfilling the service obligations by the contractor under these T&Cs, unless otherwise additionally agreed upon by the Parties.
4.1 The contractor reserves the right, at their own discretion and expense, to involve any third parties for the purpose of providing services within the framework of these T&Cs.
4.2 The contractor may enter into contracts for the production of advertising materials on behalf of and at the expense of the Laureate, provided that the contractor has informed the Laureate of the names and addresses of such third parties and the Laureate has not submitted a written objection within one week from the date of such notification.
5.1 Unless otherwise stipulated separately in the order, the cost, volume, and service conditions are determined during the Service Provider’s approval of the Laureate’s order in the respective proposal.
5.2 The cost of the service in these T&Cs depends on the Laureate’s order and is specified in the Service Provider’s proposal and invoice. The service cost, defined by these T&Cs, includes all of the Service Provider’s expenses for the production and delivery arrangement of the Award as specified in the proposal.
5.3 If the Laureate changes the volume and/or type of services or orders additional services that require extra expenses from the Service Provider, the cost of such services must be additionally agreed upon in written form. These services are subject to additional payment according to the Service Provider’s invoice within the deadlines agreed upon by the Parties.
6.1 Payment for services under these T&Cs is made by the Laureate by transferring funds to the Service Provider’s banking account according to the account details and cost specified in the invoice issued by the Service Provider. The invoice is issued by the Service Provider to the Laureate by sending an email to the Laureate’s email address from which the service order was received. The original invoice should be sent to the postal and electronic addresses specified by the Laureate in the order. The invoice issuance date is the date of sending the respective email.
6.2 Payment for services under these T&Cs is made in a 100% advance payment.
6.3 Each Party individually bears the banking expenses in their country respectively.
7.1 Award provided by the Service Provider should be inspected and checked by the Laureate for defects forthwith the receiving. Inspection and verification should be done before the commencement of using the Award. In the event of any defects being detected, the Laureate should immediately inform the Service Provider about the discovered defects, providing the relevant photo confirmations.
7.2 If an immediate inspection of the Award was not conducted upon receipt and/or the Service Provider was not notified of the detected defect, any warranty claims are considered invalid regarding the defects detected by the Laureate.
7.3 If a defect is found by the Laureate for which the Service Provider is responsible, the Laureate has the right to choose the way of the delivery of a replacement order. In this case, the legal provisions of contract law on the performance of works and services of the German Civil Code will be applied.
7.4 If the Laureate is responsible for the detected defect – the repair is carried out by the Service Provider independently at their own expense. The Service Provider can make repair/correction of the defect for an additional charge for such work.
7.5 The term of the Service Provider’s warranty obligations expires one year from the moment the Award is delivered to the Laureate.
8.1 In case of failure to perform or improper performance of their obligations under these T&Cs, the Parties are liable according to the requirements of these T&Cs and the legislation of the Federal Republic of Germany.
8.2 The guilty Party should compensate the other Party for all direct losses caused by failure to perform or improper performance of these T&Cs.
8.3 Claims for losses to the Service Provider can be brought to action by the Laureate within six months from the date of order completion, regardless of the provision § 202 of the German Civil Code.
9.1 For the purposes of these T&Cs, the term “Confidential Information” means that any information provided by one Party to another one during the accession to these T&Cs, including:
9.1.1 Legal and financial information;
9.1.2 Know-how;
9.1.3 Business and commercial information (including information about business areas, assortment of goods (works, services), Laureates, pricing policy, sales policy, business conditions, etc.);
9.1.4 Technical and technological information (including data, schemes, plans, specifications, concepts, products, processes, technologies, codes, etc.);
9.1.5 Any other information defined by the information owner Party as confidential.
9.2 The information specified in clause 9.1. of the T&Cs can exist in any form (oral, written, printed, graphic, electronic, electromagnetic, digital, coded, etc.) and on any data carrier.
9.3 The Parties have agreed that the information specified in clause 9.1. of the T&Cs will be strictly confidential, which means:
9.3.1 For 10 (ten) calendar years as of the date of the Parties joining the T&Cs, neither Party should disclose (transmit or otherwise distribute) confidential information to any third parties except when such disclosure (distribution, use) is carried out for the purpose of fulfilling these T&Cs.
9.3.2 The Party that receives confidential information commits to maintain the appropriate level of confidentiality to prevent the disclosure or unauthorized use of such information, which the receiving Party would reasonably apply to its own information of similar importance.
9.3.3 Each Party undertakes to inform its personnel (or individuals cooperating with the Party on other grounds) who have access to confidential information about the strict confidentiality regime concerning such information and to ensure its non-disclosure/non-use.
9.3.4 Any confidential information may only be disclosed to authorized officials of the competent state supervisory body in cases where the obligation to disclose such information is directly stipulated by the current legislation. In such instances, the disclosure of confidential information requires immediate notification of the other Party in the written form.
9.3.5 All information transmitted in any form by any Party to another remains the exclusive property of the transmitting Party and, after the expiration of this T&Cs, must be destroyed or returned to the Party that transmitted it upon its request (if such information exists on physical media).
9.3.6 The Party to which confidential information has been conveyed has the right to retain it, in accordance with the obligations under these T&Cs concerning confidentiality, copies of the information and data necessary for internal accounting purposes and compliance with applicable professional standards.
9.3.7 Confidential information belonging to any of the Parties can be disclosed to the other Party only to the extent necessary for the needs of performance of these T&Cs.
9.3.8 Each Party of these T&Cs undertakes to notify the other Party about any attempts by third parties to gain unauthorized or illegal access to confidential information immediately.
9.3.9 The right or obligation to disclose confidential information to third parties in accordance with these T&Cs or the legislation of Germany can be disclosed only to the extent necessary in each specific case, which must be agreed upon between the Parties.
9.4 If the disclosure of confidential information is properly permitted by the owner of such information, such Party must:
9.4.1 Provide the other Party with written instructions concerning restrictions on further use or disclosure of such information to third parties;
9.4.2 Define the scope and nature of the information that can be disclosed to third parties, and the conditions of such disclosure;
9.4.3 Determine the conditions and procedures for the use of such information by third parties (e.g., range of subjects, territory, etc.);
9.4.4 Provide the other Party with instructions to prevent violations of the constructive and substantive integrity of the disclosed information and ensure its completeness and accuracy.
9.5 If a Party fails to comply with Clause 9.4, the other Party has the right to independently determine the scope and nature of the information to be disclosed, considering the requirements of these T&Cs, and also to ensure the completeness, accuracy, constructive and meaningful integrity of the disclosed information.
9.6 Information cannot be considered as confidential and subject to protection under these T&Cs if the information meets any of the following criteria:
9.6.1 The information disclosed by a Party already known to the other Party, who notified about it at the time of disclosure and has appropriate evidence of this fact;
9.6.2 The information disclosed by a Party is intended for general use and/or the sources of such information are publicly available;
9.6.3 Information became known to third parties as a result of negligent or intentional actions of the Party who possesses the information;
9.6.4 Information was legally obtained by another Party from a third party without restrictions on its use and without violating these T&Cs;
9.6.5 Information was provided to another Party and/or to third parties by the information possessor without any restrictions on its use and disclosure to other persons, similar to those established in these T&Cs;
9.6.6 Information was developed by another Party independently or upon request of another Party, provided that the developers of such information did not have access to similar confidential information obtained under these T&Cs.
9.7 Confidential information ceases to be confidential and is no longer subject to protection under these T&Cs if it meets any of the following criteria:
9.7.1 If the other Party was given a disclosure statement in a written form of confidential information to third parties without limiting its use/disclosure – as of the date of granting such written confirmation;
9.7.2 If confidential information was disclosed to an authorized official of a competent state authority, unless German law requires the disclosure of such information – from the moment of its disclosure;
9.7.3 If, as a result of investigative actions, confidential information was seized by state representatives (regardless of the legality of the grounds for such investigative actions) – from the moment of its seizure;
9.7.4 In cases of any unauthorized access by third parties to confidential information, provided that the Party, which possessed such information at the time of such unauthorized access, has taken all appropriate measures to protect it.
10.1 The Laureate confirms that personal data passed on by him or at his request by third parties to the Service Provider was collected and processed in accordance with the provisions of the German Federal Data Protection Act.
10.2 The Laureate confirms that the data passed on to the Service Provider has been previously and properly secured to ensure the possibility of its recovery in the event of loss.
11.1 If in these T&Cs, in the order, or in other contractual documents there is a reference to a written form, it means that the Parties have agreed to use a textual form (email, SMS, WhatsApp, fax) in accordance with § 126 b of the German Civil Code.
12.1 The place of performance is the Service Provider’s head office. The jurisdiction for all disputes arising from this T&Cs and with respect to business relations is the Service Provider’s head office.
12.2 The law of the Federal Republic of Germany applies.
Edition from 24.08.2023
