JVR Africa Group Terms of Business

Basic Orientation

Purpose and Structure of the Document

This document provides the Terms of Business that prevail when any work is done with the JVR Africa Group of companies. The information is structured to provide an overview of the Group, to specify shared terms of business principles across the Group, and to highlight specific operational terms of business that serve individual JVR companies. Should more than one company provide products and services to any client, the Group and all the other companies’ Terms of Business prevail.

This General Terms of Business must be read in conjunction with the whole set of other JVR Terms of Business documents. These include:

• Conditions of Use of the JVR Africa Group of Companies Websites

• Use of JVR’s Electronic and Online Systems

• Privacy Policy

• Data Security Policy

This document is further supported and clarified in the document called Glossary of Terms.

Scope of the JVR Africa Group’s Terms of Business

The General Terms of Business of the JVR Group of companies include the business terms applicable to all the JVR commercial entities that currently exist or may in future form part of the JVR Group.

JVR Office Hours and Contact Details

The office hours for the JVR Group of companies are from 08:00 to 17:00 (SAST) on all working days (excluding public holidays, weekends, and over the Christmas break). We are available at our JVR Head Office (15 Hunter Street, Ferndale, Johannesburg), telephonically (+27 11 781 3705/6/7) or electronically info@jvrafrica.co.za.

Information on the products and services of JVR can be obtained during office hours (8:00 – 17:00 SAST) from our qualified staff by phoning +27 11 781 3705/6/7. Alternatively, please send an email to info@jvrafrica.co.za or visit our website at www.jvrafricagroup.co.za.

The JVR Africa Group

An Overview

The JVR Africa Group of companies (hereafter referred to as “JVR”) believes that the quality, capability, and productivity of people are essential for individual, corporate, and societal success. Our vision of ‘Psychology scaled to benefit all’ underlines the purpose of the work we do - to identify, unlock, develop, and support the vast talent that exists in society and in this way support individual well-being and economic growth.

Guided by psychological best practice, ethics, and scientific integrity, JVR has, over more than three decades, built experience and expertise in the following areas:

• Consulting services that provide insight and innovative data-driven solutions to the unique challenges and needs that exist in the workplace today.

• Learning and skills development interventions designed for the modern workplace and grounded in scientific learning principles.

• The best assessments, questionnaires, and surveys available nationally and internationally, developed/adapted to ensure scientific integrity as well as compliance to legislation and best practice.

• A wide selection of reports, including individual, competency, combined, integrated, data, comparison, progress, and dashboard reports obtained from psychometric and other assessments and data points.

• Research and data analysis to ensure compliance to legislation and best practice, thought leadership on new and innovative techniques as well as to support clients with visualisation, sense-making, and interpretation of their own data.

Enabling all the above, JVR continues to develop and enhance our state-of-the-art, compliant, and client-oriented technology. Benefits of this technology, amongst others, include the ease of usage, speed of delivery, high-volume capability, centralised access to data, also providing the ability to analyse trends for purposes of business intelligence, ongoing scientific research, and the ability to integrate with other systems.

JVR Commercial Entities

The JVR Group serves as a holding company for several specialist companies. These companies are contracted by clients for specific specialised services or for complex, combined, and integrated products and services that can be provided across the Group. The commercial entities include:

JVR Psychometrics (Pty) Ltd specialises in the sourcing, development, and sales of psychological and other assessments that are applicable across the spectrum of people, talent, and HR needs, and have been researched to ensure compliance and scientific integrity. The assessments available from JVR vary from leadership and management evaluations to career choice, high-volume screening, team functioning, basic literacy and numeracy to safety and risk evaluation, competency reports, values assessment, and 360 feedback, to mention just a few. The psychometric Assessment Catalogue is regularly updated and can be found on the JVR website https://jvrafricagroup.co.za/

JVR Consulting Psychologists (Pty) Ltd works with large and small enterprises to provide context-relevant talent interventions and solutions. Their innovative work with strategy, leadership, teams, culture, organisational structure or recruitment, development, wellbeing, and engagement is further expanded with the ability to report on centralised data to ensure business insight on trends and patterns.

JVR Academy (Pty) Ltd works across all age groups and organisational levels in providing learning and skills development opportunities relevant to the modern workplace. They develop, facilitate, and enable learning journeys, in-person, electronically, or in a blended way across a wide spectrum of client requirements whilst ensuring ongoing implementation of the scientific principles for optimal learning. Continuous Professional Development (CPD) options are available to those professionals working in the field of the human sciences.

JVR Solutions (Pty) Ltd is a niche technology company that enables compliant and data-optimised solutions for corporates and professionals who plan, facilitate, and oversee a wide range of people interventions. They rely on modern and agile technology, allowing for API integrations and efficiency through automations. They also apply AI responsibly within the ethical parameters of the human sciences and international best practice/guidelines. They play a particularly important role in ensuring optimal data compliance to ensure reliable data tracking and reporting.

JVR People Development Namibia represents the JVR Africa Group products and services in Namibia.

JVR4Youth is an NPO/PBO established by JVR to create development opportunities for young people in South Africa.

JVR and Compliance

JVR takes governance, compliance, and ethical conduct very seriously, and significant time and effort are dedicated to ensuring that these principles underpin all work done.

In South Africa, compliance to the following legislation and guidelines are particularly important:

• Basic Conditions of Employment Act, No. 75 of 1997, as amended from time to time.

• Constitution of the Republic of South Africa, No. 108 of 1996, as amended from time to time.

• Consumer Protection Act, No. 68 of 2008, as amended from time to time.

• Health Professions Act, No. 56 of 1974, as amended from time to time.

• King Reports on Corporate Governance for South Africa, as updated from time to time.

• Labour Relations Act, No. 66 of 1995, as amended from time to time.

• Protection of Personal Information Act, No. 4 of 2013, as amended from time to time.

Specific mention is also made with regards to JVR’s commitment to compliance in the business-critical fields of psychology and the human sciences and technology.

JVR applies ongoing effort into upholding the guidelines established by the Health Professions Council of South Africa (HPCSA) (nationally) and Assessment Standards South Africa (ASSA), an independent non-regulatory external assessments evaluation entity. The guidelines of the British Psychological Association (BPS), the International Test Commission (ITC), the American Psychological Association (APA), and the Association of Test Publishers (ATP) regarding the ethical and appropriate training and use of psychological tests are continuously considered. In cases of conflict amongst these guidelines, the guidelines of the HPCSA prevail in South Africa.

The technology developed by JVR Solutions and used to enable the products and services of JVR is aligned with international standards and best practices as well as ISO 27001. JVR commits to continuous cycles of improvement to ensure that our IT system continues to meet the highest possible standards and expectations.

The above list of legislation, Acts, guidelines, and principles is not exhaustive. The library of JVR Policies, Policy Statements, Guideline Documents, and Standard Operating Procedures enabled by a JVR LLM (Large Language Model) search engine for employees, purposefully incorporate a wide range of legislation and national and international best practice guidelines to ensure compliance in all aspects of the work we do.

Security and Privacy

Please note that the safety and security of all information are very important to JVR. More information on our data security protocols is formulated in our Security and Privacy Policies available on the JVR website https://www.jvrafrica.co.za/terms-of-business and can also be requested from the informationofficer@jvrafrica.co.za.

JVR Africa Group Terms of Business

In General

The terms of business specified in this document constitute the basis of and will be deemed to be included in every agreement between JVR and all those entities we do business with. It supersedes all previous or other discussions, proposals, bids, invitations, orders, and other communications, oral or written, saved as supplemented or amended in writing and signed by authorised representatives of the respective parties. No addition or modification of any provision of these Terms of Business will be binding on JVR unless made in writing and signed by its duly authorised representative.

Also note:

• It is each client’s own responsibility to acquaint themselves with these Terms of Business prior to requesting assessments, scoring, research, consulting, training, workshops, technological functionality, or any other products and services from JVR.

• This document specifying the General Terms of Business must be read and understood in combination with all the JVR Terms of Business documents.

• JVR shall have the right to amend these Terms of Business from time to time, the latest updated version being available for inspection, free of charge at the JVR offices, on the JVR websites, or from informationofficer@jvrafrica.co.za.

• Unless the context clearly indicates the contrary, reference in this document to any gender includes the other genders, and reference to the singular includes the plural and vice versa.

• Except as is expressly provided in these Terms of Business, JVR shall not be liable to anybody for any breach or failure to perform any obligation as a result of any force majeure event, including but not limited to technical and technological problems, acts of God, government controls, restrictions or prohibitions, or any other Government act or omission, whether local or national, technical problems, labour disputes, pandemics, restrictions, any act or default of any supplier, agent, or subcontractor, strikes or work stoppages of any kind, interruption of electricity, telephone or internet services, or any other similar or dissimilar cause insofar as these are beyond JVR‘s control.

• In no event will JVR be liable for any indirect, consequential, exemplary, or special damages arising out of this agreement between any client and the business entities in the JVR Group of companies. JVR is held harmless against all claims, liabilities, demands, damages, or expenses (including all attorney’s fees and expenses) arising out of, or in connection with, the use of assessments, questionnaires, surveys, reports, or any other products, goods, learning, or consulting interventions and services, the technology used, including the platforms, websites, web services, online and portal facilities, or services sold or leased by JVR to a client. This indemnity includes JVR not being liable in any way for the client’s own failure to comply and adhere to the local laws, psychological and professional best practice, ethical assessment and practice guidelines, certification prescripts, and these JVR Terms of Business.

• The failure of any JVR business entity to enforce, at any time any of these Terms of Business or any part thereof, or any right with regard thereto, shall in no way be construed to be a waiver of the provisions of such condition or to be an estoppel or novation, or in any way to affect the validity of such condition. Any indulgence towards the client or the relaxing of the provisions of a condition, shall not prejudice the right of JVR to insist on the strict compliance by the client of its undertakings and obligations in terms of these Terms of Business.

• These Terms of Business shall be governed by the laws of South Africa. Both JVR and the client consent to the jurisdiction of the Randburg Magistrate’s Court in respect of the settlement of any dispute and/or claim arising between them, notwithstanding that the amount in dispute or the value of the matter in dispute might otherwise exceed the jurisdiction of such Court, provided that either party shall be entitled to institute legal proceedings in any other South African Court with competent jurisdiction.

Intellectual Property and Copyright

JVR develops our own products and material, but we also contractually represent national and international assessment owners and businesses. In this regard, the intellectual property and copyright of all the content, assessments, products, services, learning material, technology, and more are strictly managed according to national and international legislation.

Intellectual property and copyright refer amongst others to the items, scoring weights, norms, reports, translations and technical reports of assessments, questionnaires, and surveys that JVR develops, uses, and distributes. It also refers to learning and development material and methodology, consulting models, templates, reports, content, and processes. The architecture, coding, methodology, capability, and output of the JVR technology systems are owned by the Group. This is also true of all JVR marketing and GRC (governance, risk management and compliance) templates, models, and content.

Copyright infringement of restricted material is illegal. It can damage the professional standards, the credibility and right of distribution/ownership by JVR, or those commercial entities represented by JVR. It also damages the credibility and professionalism of the individuals and professionals who use such copyrighted material. The loss of revenue also means that fewer resources can be devoted to the continued expansion, development, enhancements, and research of the goods, products, and material.

The buyers and users of JVR products and services hereby acknowledge and agree that:

• All products, goods, services, content, and technology or other capabilities developed, applied, used, published, and distributed by JVR are protected by intellectual property rights (including trademarks, copyright, patents, and design rights), contractual agreements, and rights of confidentiality. Reproduction of these materials in whole or in part, in any form, or their storage in a database or retrieval system by any process, is prohibited except where expressly permitted by law or by licence. The use of such materials in amended or derivative form is also prohibited.

• The purchase of materials or the use of software or online reports does not grant any client the right to copy or use the material, alter items, duplicate the structure, copy the content, create derivative products, deconstruct any product, train others in its use/interpretation, reproduce additional copies, provide confidential and copyrighted information to others – including non-qualified and non-certified people – by any means, whatsoever, or enter the same into any kind of information retrieval system including, but not limited to, any form of computer, server, social media, cloud, code, web service, or internet system.

• The copyright and all the trademarks, trade names, patents, and other intellectual property rights used or embodied in or in connection with the JVR materials, whether owned or contractually represented, including also the way they are presented in all information, documentation, and manuals relating to them are the property of the developers and copyright owners.

• No trademarks or names of the products available through JVR can be used as part of any corporate business or trading name of those, such as clients, who do business with JVR. Trademarks may not be used in any way that could bring the contracts signed and reputation of JVR and their business partners into disrepute.

• No translations of any JVR products, learning material, services, content, research, or reports may be done without written permission from JVR, which reserves the right to refuse such a request.

• The contents of the assessments, reports, learning material, research, consulting solutions, marketing material, technological capability, or any other information obtained or purchased from JVR, in accordance with the South African and international legislation and qualification criteria may constitute trade secrets, which include confidential and proprietary material, information, procedures, code, algorithms, and more. The client or entity JVR does business with may not access, resell, or otherwise distribute materials or authorise or allow disclosure of such content except if contractually negotiated, agreed, and signed by both parties.

• JVR is bound by its author and distribution contracts to take prompt legal action against anyone who violates any intellectual property rights.

• Clients accept absolute responsibility of ensuring full adherence to JVR’s own/distributed products’ intellectual ownership and copyright requirements by themselves, their staff, and clients.

Client Services and Support: Assessment, Learning, and Consulting Platforms

Please also refer to the JVR Terms of Business: Use of Electronic and Online Systems as well as the JVR Terms of Business: Conditions of Use of the JVR Africa Group Websites.

In general:

JVR regards client service, compliance to legislation, and professional and ethical best practice as of the highest priority. At a time where most assessments, services, and learning content are accessed through the technology systems used by JVR, it is essential to note the following:

• New and existing clients will be supported in setting up and using the electronic JVR systems whether it is for assessments, consulting processes, or learning purposes. JVR cannot, however, answer for the client’s own technological capability or infrastructure.

• JVR is available during office hours (except weekends, public holidays, or a few days over the Christmas break) for advice and telephonic support in terms of the use of OneJVR or the other systems used.

• To use the software scoring and electronic credits, certain technical requirements relating to hardware and software must be met. Details are available from the Client Services team at clientservices@jvrafrica.co.za.

• JVR cannot guarantee uninterrupted technological services given the need to continuously maintain, safeguard and service, update, integrate, optimise, or add more products, services, or functionality to JVR’s systems.

• Wherever changes or updates to JVR’s systems are made, JVR will endeavour to do so at times that will least affect our clients, provide notifications when maintenance is planned, possible interruptions are expected, or changes to the websites will occur.

• JVR reserves the right to block any usage of the online platform/s and provision of credits if accounts are not fully paid within 30 days or ethical or legal complaints are received with regards to usage of the systems, its functionality, and how the JVR professional products and services are used.

• JVR retains the right to charge for additional services such as project management, record-keeping, data analysis, research, additional programming, bespoke services, the evaluation of products, developing documentation, retrieval of reports, creating unique reports, transfer of data, or similar requests.

• The provision of consent by the JVR client when using the JVR systems is essential for scoring purposes and such information is managed confidentially as per the JVR Terms of Business.

• Providing consent to include basic biographical information into the JVR CRM system is to ensure optimal client support. Such information is also managed according to the specifications and principles of the POPIA. Where the client does not want to give consent or wants to have their information deleted from the CRM, the request plus a motivation can be sent to the informationofficer@jvrafrica.co.za.

• In compliance with the POPIA principles, JVR reserves the right to retain depersonalised, anonymised, and aggregated data from online platforms for research and statistical purposes.

• In compliance with HPCSA principles, JVR has the responsibility to securely retain assessment results for at least seven (7) years.

In addition:

• The Client Services team supports clients who use OneJVR and a variety of other online administration, scoring, and reporting platforms. Their services include, for instance, the sale of electronic credits, supporting clients with their use of the platforms for purposes of assessments, services and learning, helping clients with project managing the rollout of large-scale/high-volume assessment, learning, and/or consulting projects, enabling access to data, and the generation of a wide variety of reports.

• In accordance with the POPIA and HPCSA regulations in South Africa, electronic reports, electronic and online assessments, data, and the emailing of psychological and other test results are legally and professionally regulated and protected. JVR Client Services complies with such regulations (Please refer to the JVR Data Security and Privacy Policies).

• The JVR Group will use its best endeavours to ensure accurate scoring, reporting, and rendering of assessments, assessment results, consulting services, and learning events. JVR can, however, not warrant, in cases due to circumstances outside JVR’s control, that all processes or reports will be complete and accurate.

• In using JVR’s products and services, clients take absolute responsibility of ensuring their own compliance with all relevant legislation and best practices with regards to the supervision, use, interpretation, feedback, and safe storage of personal information, assessment results, and data.

• The client shall indemnify JVR in respect of any claims made by a third party against any of the JVR commercial entities and their licensors in relation to the provision of the computer- and electronic-scored reports by JVR to a client, in cases where the test takers were requested by the client to do the assessments without standard assessment procedures, appropriate feedback, or in violation of the ethical guidelines of the HPCSA, APA, BPA, or other relevant regulating bodies.

• The client shall not use software or other electronic facilities provided by JVR to provide a scoring service to third parties who are not certified, qualified, competent, or given written permission by JVR to do so.

• The client shall not create derivatives of any of the JVR assessments, learning content, or consulting products and services.

• The client indemnifies the JVR Group of companies and our licensors, and agrees to hold them harmless from any losses, claims, liabilities, damages, expenses, and costs (including reasonable attorney’s fees and expenses) whether direct or indirect, with respect to any claims made by a third party against any of them in relation to the provision of the computer-and electronic-scored credits, learning material, consulting processes, reports, or data

Tenders, Request for Quotations, and Proposals

JVR routinely replies to tenders, requests for proposals, and to provide quotations. All the Terms of Business prevail and in addition:

• To ensure to provide detailed and accurate information based on the client request, full and clear project scope is required. This includes, for instance, detailed client expectations and needs, permissions required/obtained, standards specified, challenges, risks, expected timelines, and expected outcomes/benefit.

• All supporting information relevant to the request or project scope such as, for instance, volume/number of candidates, job description(s), qualifications and registrations, consent forms, assessment results, timelines, or authorised signatures must be added.

• JVR retains the right to advise on and negotiate client expectations. This is particularly relevant for projects where expert input/expertise/skills must be subcontracted for a project. Such subcontracting may be done within the JVR Group or with outside experts. Timelines and costs can only be confirmed once these stakeholders have provided their input, requirements, timelines, costs, and availability.

• JVR’s compliance documentation will be provided as per the client request.

• Personal information on JVR employees/contracted workers, added to tender documentation must be managed in accordance with all applicable legislation - only for purposes of the tender process and in full compliance of POPIA/GDPR.

• JVR proposals and quotes, specifying costs are valid for 30 days from the date of the quote or proposal. Thereafter, the costs, timelines, or nature of the proposal may change.

• A formal Service Agreement and the JVR POPIA Operator Agreement must be signed off by an authorised representative of the Client before the request can be actioned.

• Specifications as have been discussed and agreed on with the client and included in the Tender, Proposal, Service Agreement, and POPIA Operator Agreement, as well as the JVR Terms of Business prevail when delivering consulting, learning, or any other JVR products and services.

• JVR reserves the right to review the applicable proposal and adapt the quote accordingly should there be changes in the scope of work that may impact the proposed costs and process.

• JVR reserves the right to renegotiate costs where applicable (e.g. product price increases due to fluctuation in exchange rates).

• In instances where the client has provided payment for services to be rendered in advance and the services are acquired within the agreed timelines, JVR reserves the right to (1) set a specific due date for the lapse of the credit, and/or (2) provide alternative options to the client for the usage of the credit.

• Disbursements such as travel, accommodation, venue, and more will be charged in addition to the professional and other fees.

• A consultant’s day comprises a maximum of 8 hours between 8:00 to 17:00 SAST. Work done after hours, over weekends, or on public holidays will be charged at higher rates.

Limitation of Liability and Limited Warranty

• JVR does not make any representation or warranty, express or implied, as to the merchantability or fitness of the assessments, products, goods, learning material, technology, and any other services provided by JVR for any particular purpose.

• JVR will not be liable for any failure or delay in performance due in whole or in part to any cause beyond its reasonable control. In no event will JVR nor anyone else who has been involved in the use of assessments, creation, or production of any printed works, scored and combined reports, or electronic scoring systems, platforms, or software, training, research, or feedback and services sold by JVR be liable for any direct or indirect, special, or consequential damages arising from the purchase, use, or application of the materials or services, notwithstanding any other provision or agreement between the client and JVR.

• JVR will not be responsible for the use or misuse of the materials or services sourced from JVR and then sold/applied/given feedback to an end-user client. The psychologist/ psychometrist/consultant/test-user assumes all responsibility for the use or misuse of all materials and services sourced from JVR.

• JVR accepts no responsibility should electronic product assessment or service credits be used and wasted due to client negligence, ignorance, misunderstanding, assumptions, or user errors.

• JVR is not liable for any third-party claims or expenses incurred while using a test or a service, for delays, loss of information, incidental damages, cost of substitute material, or for possible loss of income, grants, profits, reputation, or any other damages.

• The purchaser’s sole and exclusive remedy in the event of any defect in materials shall be a refund of the price paid minus courier or shipping costs, administrative and programming costs, assessment or any other costs already incurred, fluctuations in the exchange rate, and a handling fee. This remedy shall be in lieu of all other remedies and damages, whether actual, consequential, special, incidental, or other.

• JVR reserves the right to withhold the sale of services, learning material, tests, reports, products, access to online and electronic platforms/websites, or services should the entity we do business with/the client file for bankruptcy, have an overdue account(s), lose their professional registration, or have a history of allowing/accepting unauthorised use of and access to assessments and information in reports or learning material and copyright violations, or provided false information on qualifications and professional registration, or failed an accreditation or certification examination required for access to products and assessments.

• These conditions apply to all orders from JVR for any and all of JVR’s products and services, whether technologically enabled or in printed format, and may not be modified unless expressly agreed to in writing by JVR.

Conclusion

The failure of the JVR Group and any of the individual JVR companies to enforce at any time any of these Terms of Business or any part thereof, or any right with regard thereto, shall in no way be construed to be a waiver of the provision of such condition or to be an estoppel or novation, or in any way to affect the validity of such condition. Any indulgence towards the client or the relaxing of the provisions of a condition shall not prejudice the right of the JVR Group to insist on the strict compliance by the client of its undertakings and obligations in terms of these Terms of Business.

Specific Operational Terms of Business

The following constitute each JVR commercial entity’s Operational Terms of Business.

JVR Academy Operational Terms of Business

Overview

JVR Academy specialises in designing and facilitating learning and development opportunities to a wide range of individuals, teams/groups, and corporates. They work with all stakeholders in society in providing learning and skills development opportunities relevant to the modern workplace and underpinned by the scientific principles for optimal learning. They also design, develop, facilitate, and enable self-directed learning journeys across a wide spectrum of client requirements.

Their learning opportunities include:

• Professional certification training for psychologists/psychometrists in the use of national and international psychometric assessments. Further serving this professional group, JVR Academy also provides continuous professional development (CPD) opportunities of exceptional quality.

• JVR Academy also provides a wide variety of skills development programmes and courses in corporate, educational, and NPO contexts. These courses and the methodology used are highly relevant to enabling people to adapt, achieve, and flourish in the modern workplace.

The JVR Academy events are hosted in-class, virtually, digitally, or in a blended manner.

JVR Academy works within the JVR Group vision of ‘Psychology scaled to benefit all’ by providing learning opportunities based on science for personal and professional growth and interpersonal success across ages, inside and outside the context of work, and across employment levels.

Terms of Service

JVR Academy, as member of the JVR Group of companies confirms that all the JVR Africa Group Terms of Business apply to their business activities. In addition, the JVR Academy Terms and Conditions related to the products and services they offer to clients in this section, will apply. In case of a conflict, the Group Terms will apply.

Professional Certification, Accreditation, and Continuous Professional Development (CPD) Training

JVR Academy, partnering with JVR Psychometrics as contract owner, takes responsibility for managing a range of national and international certification training programmes. User certification is a prerequisite for access to certain assessments, and the structure, standards, and qualification criteria of the certification programmes are all contractually determined.

The CPD events available from JVR Academy as service provider comply with the guidelines, standards, and requirements of the Health Professions Council of South Africa (HPCSA).

In this regard:

• JVR Academy publishes an annual schedule for all professional certification and CPD training events on the JVR Group website (https://jvrafricagroup.co.za/academy/training). The details of the design and content of the events and the prices are correct at the time of publication but are subject to change without notice.

• JVR Academy ensures that any description of the design or content of events is as informative as possible, but it is the client’s responsibility to obtain further information from JVR Academy to ascertain whether, or not, the event is suitable for his or her needs prior to registering and/or paying for the event.

• Confirmation as to whether the scheduled event will take place (which will inter alia be dependent on the number of registrations) will be sent via email to the email address provided during registration one week prior to the event.

• Regardless of whether the training event is presented in-person, virtual or blended, clients are expected to register for the event and provide full and accurate information on the registration form.

• Delegates must be personally present for the full duration of the training event. For in-class events, flight times should be scheduled accordingly, and enough time should be allowed to travel to the airport. In instances where a client does not attend the event for its full duration due to unforeseen circumstances, JVR Academy may allow the client to complete the training programme at another time, provided there is space available. Clients will only receive full certification or registration once the full training programme has been successfully completed. A fee will be charged to cover additional administration and catering costs that are incurred.

• Certification will not be provided to delegates who use and rely on an AI system to record the training or answer the questions related to the training.

• The training on the application and use of psychological tests complies with current legislation and guidelines for the ethical use of tests and questionnaires as well as the appropriate and required professional training and registration.

• These guidelines may change from time to time to reflect the most acceptable and appropriate practices. JVR Academy reserves the right to refuse registration for training or access to any assessment if the client fails to comply with these guidelines.

• Attendance of training does not permit the client to train other professionals, unless contracted with the client as part of the JVR Academy Train-the-Trainer programme, where applicable.

• On successful completion of the certification event and the compulsory examination (when required), a JVR Academy certificate will be issued entitling the client to purchase test material from JVR Psychometrics. The certificate will be issued only if full payment of the relevant event has been received and the online evaluation of the event has been completed and received by JVR Academy.

• JVR Academy cannot guarantee that a delegate will, on the completion of a training event or the taking of an examination, obtain the relevant certificate, registration, or certification. Successful completion of such training events requires delegates to demonstrate the required understanding of underlying principles and competence in administration and interpretation/feedback of the instrument(s) concerned, prior to obtaining the relevant certificate, registration, or certification.

• Should clients from time to time be requested to do an examination at home, they will carry full responsibility for returning the examination paper to JVR Academy within a month of the event and in a secure and traceable manner. Clients must write their own exams without assistance from third parties. When take-home examinations are done either in hard-copy writing or electronically, clients need to confirm that JVR Academy has received their hard-copy or electronic submissions.

• The attainment of continuing education units (CEUs) through any training provided by JVR Academy does not authorise any professional to practice outside his or her official scope of practice. CEUs are intended to broaden the knowledge of professionals but do not constitute professional training. In South Africa, professionals should be registered with the HPCSA to perform any psychological act. Internationally requirements may differ.

• Regardless of any training received from JVR Academy, clients from outside of South Africa cannot perform any psychological act in South Africa without being registered with the HPCSA. Clients are responsible to ensure that they adhere to the laws, rules, and regulations of the countries in which they are/will be conducting business.

Skills Development and Training

• JVR Academy provides open, as well as client-specific learning and development services to clients subject to the JVR Academy terms and conditions and after receipt of a signed written acceptance of the proposal/service agreement/tender from the client.

• The services as set out in the proposal by JVR Academy are based on JVR Academy’s understanding of the client’s needs and requirements. The quote is done according to the services stipulated. Additional charges will be due where:
  a) any act or omission of the client caused time delays; or
  b) additional material or services are required by the client; or
  c) additional disbursements such as travel, travelling time, accommodation, and subsistence had to be incurred.

• JVR Academy will forward to the client an invoice for the quoted fee once the client has confirmed acceptance of the proposal and the business terms and conditions. The invoice must be paid in full prior to the commencement of the event.

• The client is responsible for arranging a suitable training venue and all catering required in the event of in-class face-to-face training. All costs related to venues and catering that are incurred will be for the account of the client. Should the use of JVR’s venue be required, it will be quoted for as an additional cost.

• A facilitator’s day comprises a maximum of 8 hours between 8:00 to 17:00 SAST. Work done after hours, over weekends, or on public holidays will be charged at higher rates.

• JVR Academy shall be entitled, at its absolute discretion, to appoint subcontracted associates to provide all or part of the services.

• The client must ensure the health and safety of JVR Academy’s employees or associates whilst conducting business, whether on the client’s premises or at another venue.

• The client agrees that it shall not copy or amend the learning or test material or authorise any other act that may devalue or infringe the copyright or intellectual property of the material.

Cancellations

• Cancellations must be submitted in writing to JVR Academy and JVR’s receipt of such cancellation must be verified.

• Cancellations of more than ten (10) business days before the event will not attract a cancellation fee. Cancellations of between five (5) to ten (10) business days before the start of the event will attract a 25 per cent cancellation fee. Cancellations received less than five (5) business days prior to the event will result in a 50 per cent cancellation fee. Clients who do not cancel and do not attend the event will be held responsible for the full fee.

• Pre-event learning material must be returned to JVR Academy at the time of cancellation. Postage/courier costs or damage to the material will be for the account of the delegate. The material sent back to JVR Academy should be sealed and unused. JVR Academy will be entitled to repossess any materials that have not been paid for.

• When clients cancel their attendance of any event where psychometric reports had been completed as part of the training prior to the cancellation, the client is responsible for the costs incurred by JVR Academy in respect of the psychometric assessments and feedback.

• In the event of unforeseen circumstances, JVR Academy reserves the right to cancel any event, change the event content, the speakers, the venue, or the date. A full refund will be issued to clients in respect of cancellation by JVR Academy. JVR Academy will notify the clients as soon as reasonably possible, but no later than five (5) business days before the event if an event had to be cancelled. A full refund will be given upon return to JVR Academy of any pre-event materials already dispatched.

• JVR Academy reserves the right to cancel or reschedule an event without penalty or liability to JVR Academy if there are insufficient bookings or for reasons outside their control.

• Delegates are required to confirm with JVR Academy that the event they have registered for will proceed as scheduled before making travel arrangements, as such costs will not be reimbursed.

• For free events in respect of which invitations had been accepted by a client, a no-show fee may be charged to cover the expenses related to learning material and catering incurred by JVR Academy.

Transfers

• Notice of postponement to a later date must be received in writing by JVR Academy at least five (5) business days before the start of the event.

• Only one postponement is allowed per client per event, and the alternative date must be provided to JVR Academy within one (1) month of the transfer request, failing which the transfer request will no longer apply, and the booking shall be deemed cancelled. In such event, cancellation fees shall apply and the fees shall be payable in full.

• No refund or credit will be given to clients who registered for an event and do not attend without giving adequate prior written notice.

Substitutions and Packaged Offerings

• Substitutions can be accepted without charge, provided that the substitute meets the entrance requirements and has completed the required pre-course work.

• Notice of a substitution must be given in writing to JVR Academy at least one week before the start of the event.

• Events booked within packaged offerings cannot be substituted by alternative events that do not form part of the package.

• Refunds do not apply to packaged offerings.

Pre-event Work

• Instructions as to how required online assessment and/or pre-event work should be done will be sent to the client once registration has been confirmed.

• Online assessments and/or work to be done before the event must be done personally by the client attending the event.

• The client must complete and return the online assessments and/or work at least five (5) business days prior to the start of the event.

• Clients should notify JVR Academy once the online assessments/pre-work have been completed and submitted.

• JVR Academy must be notified immediately if the client experiences any problems with accessing the pre-event work and/or assessments.

Invoicing and Payments

• All personal information obtained in placing an order or opening an account at JVR will be managed in compliance with legislation. The JVR policies on Safety and Security of Data are available on our website https://jvrafricagroup.co.za/ and on request from the informationofficer@jvrafrica.co.za.

• Registration fees must be paid in full before the start of all events. On receipt of the proof of payment, the booking for the course will be confirmed in writing by JVR Academy. Proof of payment, with the JVR Academy invoice number as reference, must be emailed to the Accounts Administrator accounts@jvrafrica.co.za to ensure correct allocation of such payment.

• Project work will be invoiced monthly and is payable within 30 days from the date of invoice.

• VAT in South Africa is chargeable on all fees regardless of the country of origin or residence of the client. Where events are held in other countries, VAT will be charged as required by the country concerned.

• The cost of a client’s optional overnight accommodation or transport to the event venue is not included in the event fee and clients are expected to make their own accommodation and transport arrangements and payments.

• Where a refund is due to a client and such is caused by the fault of the client, JVR Academy reserves the right to deduct any administrative, catering, courier costs, material costs, assessment costs, bank or credit card charges from such refund. Where the refund is necessitated through the fault of JVR Academy, no such deductions shall be made.

• JVR Academy reserves the right to charge for events cancelled or postponed by the client. Such charges will be in accordance with the stipulations for postponements and cancellations which amongst others, allow for all fees and expenses incurred or accrued and payable by the client (e.g. assessment material, contractor fees) to be invoiced for.

• JVR Academy will fully charge the client for learning material they may have lost.

• JVR Academy reserves the right to withhold services should the client have overdue accounts.

• JVR Academy reserves the right to charge the client interest and cost of recovery on late or outstanding payments. Payments received after the event will be regarded as late and will attract interest at the current prime overdraft rate of First National Bank, plus 2 per cent per annum, compounded monthly in arrears.

• In the event of non-payment, debtor information may be shared with credit grantors, creditor information agents, legal counsel, or collection agents for the purpose of debt recovery/litigation.

Conclusion

JVR Academy forms part of the JVR Group and as such, all the JVR Group Terms of Business apply in addition to the specific JVR Academy Terms and Conditions. In case of a conflict, the Group Terms will apply.

JVR Consulting Psychologists Operational Terms of Business

Overview

JVR Consulting Psychologists (Pty) Ltd also referred to as JVRC, works with companies of all sizes to provide context relevant talent interventions and solutions. Using a wide range of consulting interventions and measurements, we partner with our clients to enable and support leadership, strategic intent, team functioning, corporate structure/architecture, culture, engagement, and well-being. We also provide clients with support in respect of their recruitment and talent development/talent audits. All the consulting work is underpinned by modern technology, allowing for the collection of data as additional source of information and business intelligence.

JVR Consulting Psychologists works within the JVR Group vision of ‘Psychology scaled to benefit all’ by providing pragmatic psychology, technology, and scientific talent solutions to corporate clients.

Service Delivery Terms

The delivery of products, services, projects, or consulting processes:

• Relies on the clients’ timeous and clear communication to the employees and stakeholders impacted on by the work contracted for with JVRC, to ensure their understanding and voluntary participation.

• Requires that all service booking requests must be submitted to JVRC via an electronic form and dates must be confirmed to ensure that the specific service or project can be initiated.

• Is highly dependent on the accuracy and verification of a candidate’s information. In this regard, JVRC requires absolute accuracy and cannot take responsibility for the impact or consequences of any inaccurate biographical or other information provided.

• May be delayed should incorrectly completed or incomplete information be made available to JVRC. This may delay the consulting or assessment process and, therefore, the agreed turnaround time. The contracted turnaround times will only be complied to once the correct information has been received.

• Often include assessments and other diagnostic instruments (i.e. engagement survey, 360 surveys, etc.), and these links can only be released to the candidates specified by the client. Although all reasonable measures will be taken by JVRC to also authenticate a candidate’s identity, the responsibility for accurate information and instruction remains with the client.

• Should it include assessments, JVRC undertakes that the assessments will be done within three days from the booking request received. This timeline excludes weekends and public holidays and is also dependent on the candidates’ own availability (i.e. to attend supervised assessments).

• Unless otherwise specified, links to assessment and other diagnostic instruments (i.e. engagement survey, 360 surveys, etc.) are sent to candidates within 24 hours of receiving an online service booking request.

• Online service booking requests received after 15:00 are processed the next business day. For online psychometric services, if not specified, candidates have 48 hours to complete their respective assessments.

• Competency-based reports are generated once all assessments are completed. For third-party suppliers, assessment results may take up to 48 hours after the completion of the assessments to be received by JVR. Competency-based reports will be shared with respective clients within 48 hours of generation, including quality assurance.

• Clients will be able to schedule assessment feedback sessions, one (1) business day after competency-based report delivery. The turnaround time for other types of reports (i.e. comparative decks, focus group insights, etc.) will be contracted and agreed to with the client on a case-by-case basis, dependent on the scope and complexity of the request.

• Although JVRC endeavours to keep to the above-mentioned generic turnaround times or agreement-specific turnaround times with the Client, we reserve the right to renegotiate these turnaround times for larger and high-volume projects.

• May be impacted on by JVRC utilising the services of national and internationally qualified professionals who assist with assessment and other services. The impact of these professional contractors on service delivery will be dependent on the location, language requirements, and their availability. In these cases, additional costs and alternative timelines may apply.

• May be impacted on by additional requirements such as technology having to be developed or research analysis required for the project.

• Requires the candidate, manager, coach, or delegate to attend scheduled supervised assessment sessions, feedback sessions, or interventions. Should they not attend such a scheduled session, or should it be cancelled less than 24 hours beforehand, the Client will be invoiced for the full fee of the session/s as per the agreed costs. The Client will also be charged for costs incurred in preparation for the service (i.e. assessments completed) at the relevant quoted price.

• Is managed in full compliance with HPCSA and POPIA specifications. In this regard, personal information and assessment and all other diagnostic instrument results are confidential and intended only for the purpose and use for which JVRC has been contracted by the Client and have been specified on the individual consent form. Any personal information or the contents of the reports cannot be disclosed to any unauthorised persons.

• Requires that the Client takes full responsibility for securely and confidentially storing their own data according to national and internal legislation and best practice. This includes the personal information received as per the contract with JVRC.

• Is done professionally, in compliance to legislation and best practice, and according to the scope signed off by the client. In this regard, JVRC cannot be held responsible for complaints, disciplinary, or legal action that may arise from individuals or organisations using the results from assessments and/or any other type of diagnostic instrument for purposes other than originally intended/contracted for.

Work Conducted Outside of South Africa

• Each party shall pay its own taxes, duties, or other fees payable to the local authorities.

• An admin fee may be charged on invoices generated in other currencies for countries outside of South Africa.

• The Client is required to send a ‘Withholding Tax Certificate’ (WTC) to JVRC within 30 daysof signing the contract.

• JVRC does not charge VAT to Clients located in countries outside of South Africa.

Additional Terms

Whilst JVR’s employees or contractors are working on the Client’s premises, the Client will always ensure the health and safety of those persons.

Except for payment obligations, non-performance of either party shall be pardoned to the extent that performance is rendered impossible, insofar as these are beyond JVRC’s control, or for any reason where failure to perform is beyond the reasonable control of the non-performing party and not due to its fault or negligence.

The failure of JVRC to enforce at any time any of these Terms of Business or any part thereof, or any right with regard thereto, shall in no way be construed to be a waiver of the provision of such condition or to be an estoppel or novation, or in any way to affect the validity of such condition. Any indulgence towards the client or the relaxing of the provisions of a condition shall not prejudice the right of JVRC to insist on the strict compliance by the client of its undertakings and obligations in terms of these Terms of Business.

Terms of Business for Candidates or Delegates

To ensure efficiency, clarity, and focus on the services offered to assessment candidates or delegates for other professional services who are nominated to do assessments, completed diagnostic instruments (i.e. engagement survey, 360 surveys, etc.), or participated in facilitated consulting sessions, the following is essential:

• In accordance with national and international legislation, the assessment and consulting processes will not commence and/or continue without consent provided by each person.

• Access to printed assessment questionnaires, electronic assessments, or survey links will only be made available to known and approved candidates and delegates, and all reasonable measures will be taken to authenticate a candidate’s/delegate’s identity.

• It is in the candidate’s/delegate’s best interest to complete the assessments and/or diagnostic instruments truthfully and in one sitting.

• All assessments and diagnostic evaluations must be done without the use of unauthorised assistance that includes support from other people or from technology (such as AI).

• Assessments should be done under supervision as and when required based on the assessment type.

• Candidates/delegates must strictly adhere to copyright law and under no circumstances photocopy, translate, make screenshots, alter, paraphrase items, distribute, publish, or otherwise reproduce answer forms, test booklets, or manuals.

• All personal information and results obtained via assessments, diagnostic instruments, and other professional services (i.e. feedback sessions, focus groups, coaching, etc.) are managed by JVRC according to POPIA requirements and cannot be made available without consent.

• JVRC cannot be held responsible for complaints, disciplinary or legal actions that may arise from individuals or organisations using assessment results for purposes other than intended.

• Candidates/delegates have the right to receive personal feedback on their completed assessments, diagnostic instruments, or professional services they have participated in from an appropriately qualified and certified/accredited service provider. The candidate/delegate will, however, be responsible for such feedback payment if the cost of the feedback is not authorised by the Client.

• Such personal and in-person feedback to candidates/delegates cannot be “delegated” or “abdicated” to any AI system.

Invoices and Payment

All personal information obtained in placing an order or opening an account at JVR will be managed in compliance with legislation. The JVR policies on Safety and Security of Data are available on our website https://jvrafricagroup.co.za/ and on request from the informationofficer@jvrafrica.co.za.

• Work completed will be invoiced on a project/monthly basis and is payable within 30 days from the date of invoice.

• Fees will be charged for reprinting, regenerating, or resending reports to those qualified and authorised to receive it.

• Upfront payment for assessment material may be required for high-volume projects or to secure the price quoted for the assessment material and/or services.

• Payment to JVRC for products and services rendered must be made electronically (EFT). Proof of payment, with the JVRC invoice number as reference, must be emailed to the Accounts Administrator (accounts@jvrafrica.co.za) to ensure correct allocation of such payment.

• JVRC reserves the right to withhold services should the Client have overdue accounts.

• On termination or cancellation of any services on the Client’s behalf, JVRC will be entitled to invoice the client for all fees and expenses incurred or accrued and payable (e.g. assessment material, contractor fees, etc.).

• JVRC reserves the right to charge the client interest and the cost of recovery on outstanding payments.

• In the event of non-payment, debtor information will be shared with credit grantors, creditor information agents, legal counsel, or collection agents for the purpose of debt recovery/litigation.

Conclusion

JVR Consulting forms part of the JVR Africa Group and as such, all the JVR Group Terms of Business apply, in addition to the specific JVR Consulting Terms and Conditions. In case of a conflict, the Group Terms will apply.

JVR Psychometrics Terms of Business

Overview

JVR Psychometrics (Pty) Ltd specialises in sourcing, contracting, developing, researching, data analysing, and marketing a wide range of highly reputable psychometric and other assessments. Related services include for instance, advisory services, test development and evaluation, data analysis, pilot studies and research as well as project management of assessment interventions.

A few of the JVR assessments are published in printed format but most are available on sophisticated and compliant electronic systems. The spectrum of assessments distributed by JVR includes clinical, educational, and industrial and organisational forms of evaluation managed according to professional best practice, legislation, and contractual specifications. Our well-known assessments and reports include, for instance, the evaluation of leadership, team functioning, values, integrity, reasoning, career progression, safety and risk, emotional capability, derailment, potential, performance, or wellbeing as well as literacy and numeracy, competency, and 360 evaluations. The reports generated provide a choice of single, combined, integrated, or data and dashboard reports - all related to the challenges and needs our clients have in the modern workplace.

JVR Psychometrics works within the JVR Group vision of ‘Psychology scaled to benefit all’ by providing the best assessments and combinations of assessments and reports available nationally and internationally. It also relies on remaining aligned with science and technology to provide ongoing, valid, reliable, and data-driven insights into human behaviour.

Legal Compliance, Professional Standards, and Restrictions

JVR Psychometrics gives ongoing attention to ensuring compliance to legislation and the principles of professional best practice. These include guidelines and ethical principles sourced from the HPCSA, APA, BPS, ITC, ATP, and a variety of other professional entities. Of particular importance, given JVR’s role as distributor, is additional compliance to the contractual specifications of the owners and distributors of national and international products/assessments and related electronic platforms.

Not all assessments are psychological in nature. In South Africa the use of psychological assessments is specifically strictly regulated. The requirements and use of assessments vary widely across the world and users of the assessments sourced from JVR must personally ensure that they comply to the legislation in whichever country they use the assessments.

To ensure compliance to legislation and psychological best practice, an ongoing focus on scientific research and compiling technical publications is essential. The Product and Research team is a core team at JVR Psychometrics, serving the whole JVR Group. For more information on these services and their scientific output, please contact JVR Psychometrics at +27 117813705/6/7 or send your request for information to info@jvrafrica.co.za.

Purchasing Psychological Assessments from JVR Psychometrics:

• To be registered as a psychological assessment user at JVR, South African clients must comply with the local legislation, which specifies that only registered psychology professionals in good standing with the HPCSA may have access to, apply, and interpret psychological assessments and tests.

• Clients who wish to purchase assessments may, for some assessments, be required to attend and successfully complete accreditation or certification training before access to such products is allowed. Such training is available through JVR Academy.

• Having attended certification or accreditation training elsewhere in the world does not automatically allow potential users of such psychological assessments to use these assessments in South Africa if they are not registered and in good standing with the HPCSA. South African law specifies that for professionals to access, apply, use, interpret, and provide feedback on psychological assessments in South Africa, they require appropriate registration with the HPCSA.

• The client as an individual or as representative of a business entity, accepts full responsibility for the ethical, professional, and compliant use of the assessment and related material purchased from JVR. This includes that the assessment (including its items, instructions, scoring, and report or data output) is safely stored, correctly administered by an appropriately qualified person, accurately scored, interpreted, given feedback on, and consolidated by professionals with the required qualification and certification. This must be done according to all relevant laws (e.g. POPIA) and professional and ethical best practice (HPCSA, APA, BPS, etc.).

• The assessments and related material published, distributed, or scored by JVR are only available to those clients who remain in adherence to the principles of proper, ethical, and appropriate test use, and JVR reserves the right to disallow access should any client violate legislation or ethical and professional best practice.

• JVR may not sell restricted assessment material to third parties who do not have the legally required qualifications or appropriate certification.

• Any assessment, learning material, and other support material provided to or purchased by the test user are licenced for his/her professional use only. In this regard, the client or test user shall not licence, resell, lend, sublicence, exchange, give, sell, copy, create derivatives, or otherwise transfer or dispose restricted materials such as training material or assessments/reports to third parties or act as agent, distribution channel, or stockist of the restricted materials. The client or test user may only provide them to individuals in order for those individuals to be assessed under the registered user’s supervision. The client or test user shall indemnify and reimburse JVR fully in the event that JVR or JVR’s licensors suffer any losses, claims, liabilities, damages, expenses, or costs as a result (whether direct or indirect) of any breach by the client or test user of such warranties and undertakings.

• Should a professionally registered and certified/accredited user of assessments purchased from JVR be transferred, promoted, or move to a new employer and it be deemed inappropriate to take with them any tests or scoring methodology obtained or purchased from JVR, it is the purchaser and user’s responsibility to ensure that the material and its scoring is not left unsupervised or in the care of unqualified, unregistered, uncertified persons. If there are no other qualified and accredited individuals at the organisation who qualify to be entrusted with the restricted material, the client should contact JVR Psychometrics to discuss alternative solutions.

• JVR cannot be held liable for clients using and applying psychological assessments in contravention of South African law or psychological best practice and ethics according to the HPCSA.

• The client hereby indemnifies and holds harmless JVR, its employees, agents, or representatives against any and all claims of any nature whatsoever and howsoever arising (including but not limited to breach of contract and negligence) for injury, loss, damage, and harm to a person and/or property or reputation of the client, the client’s employees, agents, and/or representatives of the organisation.

JVR Psychometrics Business Operations

The following represent additional operational terms of business:

Catalogue and Prices

• Information about the JVR range of assessments, questionnaires, and report options or related services can be obtained during office hours by phoning +27 11 7813705/6/7 or email info@jvrafrica.co.za. Another option is to visit our website at www.jvrafricagroup.co.za.

• JVR Psychometrics assessment price lists are published annually and JVR Psychometrics endeavours to keep all published product/assessment prices consistent throughout the year, with annual adaptations typically done in January to February of each year. JVR, however, reserves the right to adapt prices, quotes, and proposals at any time during the year depending on exchange rate fluctuations or changes in for instance product, printing, import, shipping costs, or new or increased government import and other taxes.

• Local prices are charged in South African Rands (ZAR). In Africa and elsewhere prices are charged in US Dollars (USD). Prices in either monetary unit are subject to change without prior notice.

Orders and Delivery

• Orders for electronic or printed assessment and support material can be placed during office hours by phoning +27 117813705/6/7 or sending an email to info@jvrafrica.co.za.

• Any order placed by a client will be deemed to be a request by the client to seek permission to obtain the material subject to the existing business terms and conditions.

• Certified proof of academic qualifications, professional registration, and a certification/accreditation certificate must be provided. In certain cases, the date, venue, and trainer of the certification/accreditation training must be provided to JVR to ensure that the trainer and the certification was a contractually authorised event. JVR reserves the right to check and accept/not accept the contractual authenticity of such training.

• Any change in the contact details, employer, or professional registration details of existing clients must be communicated to JVR Psychometrics in writing within 15 days following such change to allow JVR to update its files and redirect information and/or invoices.

• JVR Psychometrics cannot always guarantee the availability of all stock. Electronic credits or printed test material may for instance be discontinued or temporarily unavailable. JVR Psychometrics will, in such cases, suggest alternative options where possible.

• Should printed stock not be available on order, it will be classified as a back order and may take up to three (3) weeks to become available. JVR will, however, endeavour to shorten the period wherever possible.

• Courier services used for the delivery of printed material to outlying areas cannot be guaranteed within 48 hours. These services are dependent on the availability of courier services to that region. Please also note that any changes made by clients directly with the courier services, after a package has been sent by JVR Psychometrics, will incur additional costs and this will be allocated to the client’s account.

• Where the material ordered includes electronic credits, the client accepts that he is entitled to use this only in accordance with the applicable and appropriate licences, laws, accreditation, qualification, and best practice requirements.

• JVR Psychometrics has the right to deny access to test material and credits to those clients who, for instance, either do not have the required professional registration, are no longer in good standing with the Professional Board, do not comply with relevant legal and professional requirements, provide restricted assessments to non-qualified practitioners, have a history of proven copyright violations, do not comply with laws related to the confidentiality of personal information, misrepresent their qualifications, obtained certification from unauthorised entities, were certified more than 5 years ago with no history of use during this time, do not pay their accounts timeously, make photocopies, create derivatives, violate copyright, or serve as a “post box” to make restricted assessments available to non-qualified and/or non-certified people.

Invoicing and Payment

• All personal information obtained in placing an order or opening an account at JVR will be managed in compliance with legislation. The JVR policies on Safety and Security of Data are available on our website https://jvrafricagroup.co.za/ and on request from the informationofficer@jvrafrica.co.za.

• In South Africa, JVR Psychometrics is required to add VAT at the standard rate to the cost of all material and services. JVR Psychometrics cannot be held responsible for governmental levies or taxes for countries outside South Africa. These costs will be for the client’s account.

• Invoices will be made out to the Client who takes full responsibility for payment.

• JVR Psychometrics will not invoice third-party clients.

• Invoices to the client will be generated immediately after a purchase or rendering of a service. Under no circumstances will invoices be held back for any reason whatsoever.

• JVR Psychometrics’ payment terms for those with accounts are strictly 30 days from date of invoice.

• The invoice will specify the product or service purchased from JVR Psychometrics. Disbursements and costs such as VAT, postage, courier costs, or insurance costs will be separately specified on the invoice.

• Fees will be charged for project management, research, and other services as well as reprinting, regenerating, or resending reports. Such reports will be sent to those qualified and authorised to receive it and JVR will strive to ensure this to the best of our ability.

• A client who has not purchased material for two years or more, will be considered a new client from an invoicing perspective, when their order is received.

• Should prices previously provided to the client be incorrect, JVR reserves the right to adjust the invoice accordingly.

Opening of Accounts

• New clients who wish to open an account at JVR Psychometrics will be required to give permission for a full credit check. Opening of a client credit account will only be available to clients subject to credit approval.

• For clients, both national and international, that have not (yet) been approved by JVR Psychometrics to open an account, the psychometric and other assessments, whether printed or electronic, will only be released once the order form has been signed by a duly qualified person in authority, the purchase order number has been received, and full payment has been cleared by the bank. Proof of payment should be sent to accounts@jvrafrica.co.za.

Discounts

Discounts are allowed solely at JVR’s discretion as it depends on the sale value, payment history, profit margins, the payment terms, and more.

Before Ordering

• Purchase order numbers and an issued copy of the purchase order need to be provided to JVR Psychometrics before ordering.

• It remains the responsibility of the client to ensure that such purchase order numbers are correct and valid to ensure payment is received within 30 days.

• The client must accept that they, at all times, remain responsible for the purchase as well as the safekeeping of the assessment material and related reports/output.

• JVR Psychometrics reserves the right to blacklist clients who purchase with no budget, exceed their budget, or provide inaccurate purchase order numbers or other required information.

Payments, Upfront Payments, and Deposits

• Payment to JVR Psychometrics for products and services rendered must be made electronically (EFT). Proof of payment, with the JVR Psychometrics invoice number as reference and the client account number, must be emailed to the Accounts Administrator (accounts@jvrafrica.co.za) to ensure correct allocation of such payment. If a remittance advice has not been received, the client remains liable for the full amount.

• New South African and international clients without a JVR Psychometrics client history and account are initially required to pay upfront in full for the tests, material, or services required from JVR Psychometrics.

• Upfront payment for assessment material or services may be required for high-volume assessment projects and related services.

• Certain circumstances (special orders) may require a deposit of 50 per cent. JVR Psychometrics reserves the right to retain the deposit for any material imported or obtained but not collected by the client.

• JVR Psychometrics may require that orders of less than R1 000.00 must be paid in cash (EFT or credit card) before material will be made available.

Overdue Amounts, Outstanding Payments, and Cancellations of Orders

• JVR Psychometrics reserves the right to revoke existing credits on a client’s portals without prior arrangement/approval to compensate for outstanding amounts owing to JVR Psychometrics.

• On termination or cancellation of any order of assessments or services on the Client’s behalf, JVR Psychometrics will be entitled to all fees and expenses incurred or accrued and payable by the Client (e.g. assessment material, contractor fees, import costs, and taxes).

• JVR Psychometrics reserves the right to block the electronic portal and withhold assessments and services should the Client have overdue accounts.

• JVR Psychometrics reserves the right to charge the client interest and cost of recovery on outstanding payments

• Overdue accounts will be placed on hold, handed over for legal action, and in extreme cases such clients may be blacklisted.

• In the event of non-payment, debtor information will be shared with credit grantors, creditor information agents, legal counsel, or collection agents for the purpose of debt recovery/litigation.

Claims and Returns

The South African Consumer Protection Act, No. 68 of 2008, allows the right to redress or a fair settlement of just claims. In this regard, the JVR Psychometrics Terms of Business specify the following:

• Material that clients wish to return to JVR Psychometrics must be returned immediately and by traceable means. JVR Psychometrics reserves the right to charge a 25 per cent handling fee on any return, be it printed material or electronic reports. The cost of importing the material, the taxes paid, as well as all the courier costs incurred, will be for the client’s account.

• Should a client place an order that is signed for special import and then not take delivery thereof, JVR Psychometrics reserves the right to charge a 25 per cent handling fee and/or retain the 50 per cent deposit should this be applicable. All costs associated with the import of the material, including taxes and courier costs, will also be for the client’s account.

• Should clients wish to return electronic credits/tokens, it must be done within 30 days of date of purchase. No reimbursements will be considered without proof that the payment was received and accepted by the bank into JVR Psychometrics’ account.

• Claims on discontinued products and electronic credits will not be accepted. Such test material and electronic credits will be regarded as expired.

• All claims must be in writing, and the invoice and client account numbers need to be specified. Full motivation for the return, with signed authority from the authorised user must be included. Claims for printed assessment material despatched to the clients should be received by JVR Psychometrics within:
  a) 3 days of receipt of materials in respect of damage or discrepancies between materials ordered and materials received.
  b) 1 week of dispatch in respect of non-delivery.
  c) 1 week of dispatch in respect of defective materials.
  Please note:
  d) No claims can be made retrospectively.
  e) No returns will be accepted after two weeks.

• JVR Psychometrics will not be liable for any claims unless we are notified within the appropriate time as set out above and the unwanted materials are returned in excellent sellable condition. No material will be accepted for return without prior notice, full reasons for the return, authority from the person who purchased it, as well as the original invoice.

• No refund or credit will be made in respect of materials received by JVR Psychometrics in a damaged, used, or unsaleable condition. JVR Psychometrics cannot accept returns of older out-of-print or discontinued products.

• Kits and other materials, as well as material sold at a discount, must be returned in their original condition and in their entirety. Partial returns will not be accepted.

• JVR Psychometrics cannot take any responsibility for the loss of material or electronic credits due to client negligence.

• JVR Psychometrics’ liability for non-delivery, incorrect delivery, or delivery of defective materials will be limited. Should the client have provided erroneous information or fail to collect/receive the material, JVR Psychometrics reserves the right to fully charge for the order and all costs incurred.

• Returns accepted will only be for credit against the client’s JVR Psychometrics account. No cash refunds will be made under any circumstances.

• It is a condition of sale that ownership of materials does not transfer to the client until full payment for all material and services have been received by JVR Psychometrics. If payment is not received by its due date, JVR Psychometrics will block the account, may repossess any materials that have not been paid for, and hand over the outstanding amounts for legal action. Electronic material access through portals or any other methodology will be blocked. All legal fees will be for the client’s account.

• Selling of assessment material only implies selling the right to use the material. Ownership and intellectual property remain that of the owner/developer which rights are represented by JVR Psychometrics as the distributor.

Purchasing Electronic Assessment Credits

Where a client purchases electronic credits which includes the provision by JVR Psychometrics of an electronic platform (portal/workspace) on which the administration, scoring, and reporting can be done, the following shall apply:

• Requests to be set up on electronic platforms and purchasing credits can be submitted during office hours by sending an email to clientservices@jvrafrica.co.za.

• Orders of assessment tokens or reports will, wherever possible, be made available within 24-hours of receiving a request. This is dependent on JVR Psychometrics having received and verified all the necessary and accurate information required to set up the assessment facility. Inaccurate, incomplete, or unverified information may affect the turnaround time. The client accepts full responsibility for providing full, accurate, and verified information.

• Credits can be purchased for specific reports. Credits purchased for use on OneJVR are valid for the one calendar year from date of purchase. Expired credits cannot be refunded. An administrative fee of 1% to 3% will be applied to any credit exchange. The fee is calculated on the total value of the new invoice(s).

• JVR Psychometrics cannot, under any circumstances take responsibility for the software, hardware, internet connections, and general IT infrastructure specific to the context of any client.

• JVR Psychometrics cannot support clients who use derivative software systems or software that has been discontinued.

• Invoicing for, and returns of all purchases of electronic credits, services provided, and licences are described under JVR Psychometrics Business Operations and Claims and Returns of this document.

Conclusion

JVR Psychometrics forms part of the JVR Group and as such, all the JVR Group Terms of Business apply in addition to the specific JVR Psychometrics Terms and Conditions. In case of a conflict, the Group Terms will apply.

JVR Solutions: Operational Terms of Business

Overview

JVR Solutions (Pty) Ltd is a niche technology company that enables compliant and data-enabled solutions for corporates and professionals who require optimised corporate infrastructure or plans, facilitates, and oversees a wide range of people interventions. They rely on modern and agile technology allowing for API integrations and efficiency through automations; they apply AI responsibly within the ethical parameters of psychology; they ensure optimal data compliance and allow for data tracking and reporting.

JVR Solutions works within the JVR Group vision of ‘Psychology scaled to benefit all’ by providing the best and safest technology to enable products and services to support the identification and development of people potential.

Legal Compliance and Professional Standards

JVR Solutions gives ongoing and focussed attention to ensuring compliance to all legislation and national and international best practice. The ethics and professional standards related to both psychology and technology remain of primary concern as does compliance to the POPI Act and the international GDPR (General Data Protection Regulation) to ensure the safeguarding of personal information on the JVR platforms, portals, and systems.

Terms of Service

• JVR Solutions is sub-contracted for technological expertise by any of the existing JVR commercial entities and their clients. JVR acknowledges that building, testing, and implementing technology provide many opportunities but it is also a significant financial investment. In this regard, scoping, costing/budgeting, and the commitment to timelines of any technological development can only be done once all the information and requirements have been clarified, verified, and signed off by an authorised representative of the client company.

• Where it is anticipated that technological solutions or enhancements may/will be considered, JVR Solutions, given their technical expertise, is involved from the start of any discussion/as early as possible.

• The technological services/support required and provided to clients are carefully scoped, formulated, costed, and included in the proposals/quotes/tenders or Service Agreements and POPIA Operator Agreements accepted by clients. Should inaccurate information have been provided, or the requirement be expanded, JVR Solutions reserves the right to adapt the costs quoted for and the timelines provided.

• Clients using the JVR Solutions services and capability will be billed every 30 days, and such invoices must be paid 30 days from the date on the invoice.

• All requests for data are channelled through JVR Solutions who acts as technological custodian of such data.

• All written requests for data to be anonymised, deleted, or moved must be forwarded to informationofficer@jvrafrica.co.za and solutions@jvrafrica.co.za who will respond and manage such requests according to the prevailing legislation, specifically both the POPIA legislation and the South African Health Professions Act and the available resources.Depending on the need/requirement and the availablity of resources, no specific commitment can be made regarding the timelines.

• The IT systems, training material, code, and all related IP remain the property of the JVR Group of companies and JVR Solutions.

Conclusion

JVR Solutions forms part of the JVR Group and as such, all the JVR Group Terms of Business apply in addition to the specific JVR Solutions Terms and Conditions. In case of a conflict, the Group Terms will apply