1. Introduction

Our advisors adhere to the professional codes of conduct of ISC2 (see www.isc2.org), ISACA (www.isca.org) and DRI (see www.drii.org). We will send you the abbreviated version of these rules of conduct upon first request.

2. Definitions

In these GENERAL TERMS AND CONDITIONS we use the following terms:

– the office / agency: (also referred to as we and us)  refers to Triple A Security as an organisation providing professional advice, guidance, consultancy and training courses and that in its agreement with the client refers to these Conditions.

• service: advice, guidance, consultancy, support, audits, workshop, training provided by the office towards the client, including supporting documentation or any downloaded document from our website and /or for which the ownership lies at the agency.
• the client: the contract partner of the agency.
• participant / attendee: a person attending a training of one or more days provided by agency.
• the assignment: every agreement of Triple A Security to provide services to the client.
• advisors read Advisor, supervisor, consultant, trainer, teacher, interim manager.
• website: www.tripleA-security.org, www.aaa-security.org

3. Applicability

These GENERAL TERMS AND CONDITIONS apply to all agreements for the provision of services by Triple A Security.

4. Creation and validity of assignments

Our quotation is based on the information provided to us by the client up to that point. The client guarantees that he/she has provided us with the information that is essential for an efficient, effective and/or successful design and execution of the assignment. If no period of validity is stated, the quotation is not binding until the order is given to us and we have accepted it in writing. An oral order will always be confirmed by us in writing. By registering for an ‘open training’, confirming the written  assignment or downloading any article or document from our website(s), the client/participant automatically indicates that it accepts these terms and conditions.

5. Execution of assignments

We will make every effort to perform / deliver the agreed service(s) to the best of our knowledge and ability, in accordance with the requirements of good workmanship. We will carry out the assignment from a professionally independent position. We will of course consult with the client about the best way in which the assignment can / will be carried out. We will make every effort to carry out the assignment within the agreed schedule, plan and planning. In addition to our efforts, the duration of the assignment can be influenced by all kinds of factors, such as the quality of the received and obtained information and the cooperation that is provided. We are therefore unable to indicate exactly in advance how much time will be required to carry out the assignment.  The final results and/or application and/or added value of the studies carried out by us on behalf of you and/or advice provided by us towards the client depends on many factors, of which several are beyond the control of the office. Although the assignment is carried out by us to the best of our knowledge and ability, and in accordance with the requirements of good workmanship, we can therefore not give any guarantees with regard to the final results and/or added value of the studies and advice provided by us towards the client.  We have a best efforts obligation. Where required, Triple A Security can enter into a result obligation. This must then be laid down explicitly (including preconditions) in the written and signed agreement. 

6. Obligations of the client

The client ensures that any documents, data, information, resources and any tools that we need, is required or could be of any added value (according clients or agency’s judgement) for the effective, efficient and successful  execution of the assignment and agreed schedule, come available and/or into our possession on time.  We must also be able to count on the timely availability of the required employees (as determined by client or agency) of the client’s organization required for a timely and effective execution of the assignment by agency.  The client will not give any assignment to third parties that he wishes to involve in the execution of (parts of) the agreed and signed assignment, after consultation with us.   If we request this, we will be provided with our own workspace with means of communication (telephone, fax, PC, internet connection) free of charge during the period as documented in the assignment and/or as long the agency is executing activities on behalf of the client and/or the client didn’t stop the assignment towards the agency in written.

7. Confidentiality

We are obliged to maintain confidentiality of all received and obtained information and data of the client towards third parties. We will furthermore take all precautions in the context of the assignment to protect the interests of the client and its stakeholders. Likewise, without our consent, the client will not make any announcements to third parties about the agency, our approach, working methods, templates, content of trainings etc. or make our report(s) available. 

Personal data (Personally Identifiable Information, PII) will be handled and protected using the European General Data Protection Regulation (GDPR) as reference. See also our privacy statement.

8. Staff

If we believe that this is necessary and/or required for the execution of the assignment we can change the composition of our expertise team after consultation with the client. The change may not reduce the expertise of the expert team, nor adversely affect the continuity of the assignment but this change of the expertise team can lead to extra costs which will be covered / paid by the client based upon a signed (additional) agreement.  During the execution of the assignments, none of the parties directly involved in the assignment may employ staff of the other party or negotiate employment with these personnel within one year after termination thereof, except in consultation with the other party

9. Customization assignments

If circumstances arises in the context of the assignment that were not foreseen at the start of the assignment, a solution will be sought mutually and in good harmony. If necessary, the assignment, its scope, its duration, its conditions and the related costs can be adjusted in this case.  Both our agency and the client have the right to waive further continuation of the assignment if the originally agreed execution becomes considerably more difficult or impossible due to the changed circumstances. In that case, Article 12 applies in full.  With continuation of the assignment and if required, modified and new conditions will be added to the assignment and thus form one whole. This new assignment must be signed by agency and client.                               Late execution of any part of the assignment does not give the client the right to dissolve the agreement, unless the specific importance of a certain term has been determined in writing by the client in advance and this has been accepted by us in writing.

10. Rates and costs

All normal secretarial costs are included in our rates and the cost estimates based on them. If applicable travel and accommodation costs, course materials and large print runs of notes, reports, etc. will be charged separately (an indicative limit is 10 pieces). The costs of third parties, which we have to incur for the benefit of the assignment, will be passed on to the client. An interim change in the level of wages and/or costs, which forces us to adjust our rates, will be passed on to the client. 

11a. Payment of services, advice, guidance and consultancy projects

In principle, our work is charged to the client on the basis of time spent and costs incurred. Unless another payment arrangement has been agreed, 10 days before the start date of the signed assignment 40% of the total contract amount must be present at a bank account designated / owned by Agency.5 working days before the end of the project, only a maximum of 20% of the total contract amount may be outstanding. This 20% must be credited to an account managed by Triple A Security no later than 30 days after termination of the agreed work / end date of the assignment. Long-term assignments with a duration of months or even a year or more than one year, will be invoiced once a month.  Payment must be made within 30 days of the invoice date. No interest costs are included in our fee calculation. If the (advance) invoice has not yet been paid 30 days after the due date, we can charge statutory interest from the due date. If payment is not made within 8 weeks after the due date, we can suspend the execution of this (long-term) assignment.  The assignment is financially closed at the moment that the final settlement has been approved and paid by the client. This final statement must be approved and paid by the client within thirty days of receipt. If the client does not respond within this term, the final settlement will be deemed to have been approved.  All judicial and extrajudicial costs related to the collection of any claim against the client will be borne by client. The extrajudicial costs will be deemed to an amount to at least 15% of the amount to be claimed.  In the event of a joint assignment, the clients are jointly and severally liable for payment of the amount(s) of the invoice(s), irrespective of the method of ascription of the invoice(s). 

11b. Payment training courses and in-company training courses

The entire amount for both the open registration of a training course and for the agreed in-company training courses must be credited to an account managed by Triple A Security no later than 10 working days before the first training day. If this is not the case, Triple A security can prohibit access to the course and 50% of the course fee must still be paid. When a training is postponed or rescheduled by Triple A Security no refund is possible. A colleague is allowed to  attend the (rescheduled) training as substitute of the original attendee. 

12. Premature termination of assignments

The assignment may be terminated prematurely if one of the parties is of the opinion that work cannot or cannot be performed in accordance with the earlier quotation and order confirmation and any further order specifications laid down in writing at a later date. In that case, a notice period of one month will be used for assignments with a lead time equal or more than two months. This will of course only be taken when it appears that the problems identified cannot be solved.

In the event of premature termination of the assignment, the work performed up to that point will normally be reimbursed by agency towards client. Neither the client nor we can claim any claim or rights of any kind on the basis of the premature termination of the assignment.

In the event that one of the parties becomes bankrupt or applies for a suspension of payments, the other has the right to terminate the assignment without observing a notice period.

13. Cancellation of workshops, training courses, seminars

Early cancellation of training activities by client with open registration and/or in company is possible. The following conditions apply

Note: the above mentioned periods are including bank holidays, weekends etc.

Agency reserves the right to cancel or reschedule already planned workshops, trainings etc. at all times. Triple A Security can change the location and/or date if and when necessary. The participant has the right to cancel without any costs if another date does not suit him/her. Participant is allowed to handover his/her reserved place in the training to another colleague.

When shifting/postponing by the client of a private training, in company training or open registration, the same provisions and costs apply.

 When a training is postponed or rescheduled no refund is possible. A colleague is allowed to  attend the (rescheduled) training as substitute of the original attendee. 

14. Liability

Triple A Security is only liable for any damage incurred by the client during the execution of the assignment, which is the direct result of culpable behavior of agencies advisor(s) or personnel. Our liability is limited to the amount of the fee in the relevant assignment. We are not liable for all other (consequential) damage, nor for damage suffered by third parties; the client will indemnify us for this kind of damage. The application and follow up upon our advice are entirely at the decision and risk of the client. 

15. Ownership and intellectual property

The copyright, the right of drawing or model or any other intellectual property right with regard to the agency’s approach, used templates, used documentation, used tooling that are designed by and/or owned by agency rests with Triple A Security. The client acquires the temporary rights to use this property within the organizational unit to which the assignment relates and during the period of the assignment. 

16. Disputes

If a dispute arises between the client and the agency during the assignment and/or as a result of the execution of the assignment and/or related to the results of the assignments, the parties will try to resolve this dispute through amicable consultation. This also includes the option to jointly submit the dispute to an independent expert for advice or mediation. If this does not resolve the dispute, it will be submitted to the applicable competent civil court. Dutch law is applicable to all quotations and assignments to the exclusion of any other right. 

17. General Provisions

Any conditions of the client, which are also stated or deposited for Triple A Security, are not binding against these conditions, unless they have been accepted in writing by Triple A Security when entering into the agreement. 

End of agreement (Articles 1 to 17)