PCM Terms and Conditions

By learning and using the PCM framework, you explicitly accept the terms and conditions below.

The PCM framework concept is published under Creative Commons Attribution–NonCommercial–NoDerivatives 4.0 international license. 
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The PCM online tool is made available under the Terms and Conditions below.

This agreement (the “Agreement”) is entered into between Eiger and the entity using the services (“Customer”). Eiger means Eiger Consulting with reg.no. 01-09-724956 in the Republic of Hungary. This Agreement is effective as of the date you either accept the terms and conditions, or start using the services, whichever happens first.

Intellectual Property

Except as expressly stated in the Agreement, the Agreement does not grant either party any rights, implied or otherwise, to the other’s content or Intellectual Property. Customer retains all Intellectual Property Rights in Customer Data, and Eiger retains all Intellectual Property Rights in the Services.

Project Coaching Model or PCM is owned by Eiger and protected by copyright law. Using and disclosing the PCM tool or any parts of it is permitted to persons actively engaged in managing Eiger projects, or Project Managers of Eiger customer companies who are enrolled in a coaching scheme, to the extent required to operate the coaching model. No publication, references, derived works, use other than directly related to Eiger engagements is permitted.

Services

Eiger will provide PCM services on an As-Is basis. Customer may use the services in accordance with this Agreement. 

As part of providing the services, Eiger primarily stores Customer data in the European Union, but may transfer, store and process data in any other country for best service quality.

Eiger may make changes to the Services, which may include adding, updating, or discontinuing any Services or portions of feature(s) of the Services. While Eiger makes every effort to cause no disruption to Customer, Customer acknowledges that such changes or additions can affect their use of the Services any time. Eiger will notify Customer of any material change to the core Services within a reasonable time.

Customer Obligations

Customer will (a) ensure that Customer and its End Users’ use of the Services, including all access to and use of Customer Data by it and its End Users, complies with this Agreement and with any of its applicable contract terms or policies, including any employment contracts or employer’s policies regarding technology usage, security, or confidentiality; (b) use commercially reasonable efforts to prevent unauthorised access or use of the Services; and (c) promptly notify Eiger of any unauthorised use of, or access to, the Services of which Customer becomes aware.

Customer is responsible for maintaining the confidentiality and security of the End User Accounts and associated passwords, and any use of the End User Accounts. Customer agrees that Eiger’s responsibilities do not extend to the internal management or administration of the Services for Customer or any End Users.
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Customer's Administrator will have the ability to access, monitor, use, modify, withhold, or disclose Customer Data associated with any End User Accounts and control End User’s access to the Services. An Administrator may also have the ability to control account settings for End User Accounts (including changing End User Account passwords).

Customer will not, and will not allow End Users or third parties under its control to copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any of the source code of the Services (except to the extent such restriction is expressly prohibited by applicable law); sublicense, transfer or distribute any of the Services; sell, resell, or otherwise make the Services available to a third party as part of a commercial offering that does not have material value independent of the Services; access or use the Services for High Risk Activities.

Payment

Customer will pay all Fees for the services. Eiger will invoice Customer all Fees for the services. Eiger's measurement tools will be used to determine Customer’s usage of the Services. Eiger may change its offering of billing options, including by limiting or ceasing to offer any billing option, upon thirty days’ written notice to Customer (which may be by email). Billing options may not be available to all customers. Customer may pay for the Services using the payment options offered on the website.

Customer can select a monthly or yearly subscription package. Within 30 days from first subscribing to Services, Customer can cancel the subscription any time. Beyond the first 30-days of the first subscription period, Customer will be committed to purchase the Services for the selected term. Eiger will bill Customer according to the terms associated with Customer’s elections.

All payments due are in Euros unless otherwise indicated. Fees for orders where Customer is paying with a credit card, debit card or other non-invoice form of payment, are due at the beginning of the month during which Customer receives the Services. For credit cards, or debit cards, as applicable: (i) Eiger will charge Customer for all applicable Fees when due and (ii) these Fees are considered overdue 10 days after the first day of the month during which Customer received the Services.
(b) Invoices. Payments for invoices are due thirty days after the invoice date, unless otherwise specified on the Order Form, and are considered overdue after such date.
(c) Other Forms of Payment. Customer may change its payment method to those available within the service. Eiger may enable other forms of payment by making them available to Customer. These other forms of payment may be subject to additional terms which Customer may have to accept prior using the additional forms of payment.

Customer’s payment of Fees is overdue if Eiger has not received it by the payment due date. If Customer’s payment is overdue, Eiger may (i) charge interest on the overdue amount at 2% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full, and (ii) Suspend or terminate the Services. Customer will reimburse Eiger for all reasonable expenses (including attorneys' fees) incurred by Eiger in collecting overdue payments, except where such payments are due to Eiger's billing inaccuracies.

Taxes are not included in the Fees. Customer will pay Taxes for the Services. If legally required, Customer will withhold Taxes from its payments to Eiger and provide a withholding Tax certificate. Unless Customer provides a timely and valid tax exemption certificate, Customer will pay any invoiced Taxes for the Services. Without limiting Customer’s obligation to pay Fees, Customer will withhold Taxes if legally required.

Eiger may modify its Prices at any time unless otherwise expressly agreed to. Eiger will notify Customer at least 30 days in advance of any Price increases.

Confidentiality

The recipient will use the other party’s Confidential Information only to exercise rights and fulfill obligations under this Agreement. The recipient will use reasonable care to protect against disclosure of the other party’s Confidential Information to other parties other than the recipient’s employees, Affiliates, agents, or professional advisors who need to know it and who have a legal obligation to keep it confidential. The recipient will ensure that its delegates are also subject to the same non-disclosure and use obligations.

Warranties and Disclaimers

Each party represents that it has full power and authority to enter into the Agreement; and will comply with all laws and regulations applicable to its provision, or use, of the Services, as applicable.

Eiger does not make any warranties of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use, noninfringement, or error-free or uninterrupted use of the Services; and makes no representation about content or information made accessible through the Services. In no event shall Eiger be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profit, revenue, data or data use, incurred by the Customer or its clients or contributors, the organisation applying PCM or any parties, whether in an action in contract or in tort, arising from the content, structure, omissions, defects or the use of PCM.

Each party’s total Liability for damages arising out of or relating to the Agreement is limited to the Fees paid by Customer under the Agreement during the 12 month period before the event giving rise to liability.

Miscellaneous

Eiger may provide any notice to Customer by sending an email to the tenant admin email address. Customer may provide notice to Eiger by sending an email to info@eiger.net. Notice will be treated as received when the email is sent, whether or not the other party has received the email. Customer is responsible for keeping its email address current throughout the term.

Customer may state publicly that it is an Eiger customer and display Eiger brand features accordingly. Eiger may also state that Customer is an Eiger customer and include Customer’s name or Customer brand features in a list of customers in promotional materials. Any use of a party’s brand features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features with written notice to the other party and a reasonable period to stop the use.

Neither party will be liable for failure or delay in performance of its obligations to the extent caused by circumstances beyond its control, including acts of God, natural disaster, terrorism, riots, or war.

Eiger may subcontract obligations under the Agreement but will remain liable to Customer for any subcontracted obligations.

All claims arising out of or relating to this Agreement or the Services will be governed by the laws of the Republic of Hungary, and will be litigated exclusively in the courts of Hungary; the parties consent to personal jurisdiction in those courts.