TheHRTest Business Client Agreement
Assessment Services Purchase, Platform Terms, and Account Activation Authorization
This Business Client Agreement is entered into between:
TheHRTest
operating the website located at thehrtest.com
(“TheHRTest,” “we,” “us,” or “our”)
and
the company, organization, employer, or other legal entity purchasing assessment-related products, subscriptions, software access, reports, credits, workshops, or related services through TheHRTest
(the “Client,” “Company,” “you,” or “your”).
This Agreement applies only to business clients. TheHRTest does not sell through this website to individuals acting in a personal, consumer, or non-business capacity.
1. Platform Terms Apply
The assessment products, software access, reports, subscriptions, modules, credits, workshops, and related services purchased through TheHRTest are provided through a third-party assessment platform and certified partner network.
For clarity, the third-party assessment platform is The Predictive Index, LLC, and its current online terms are available at:
https://www.predictiveindex.
(the “Platform Terms”).
By purchasing through TheHRTest, Client agrees that the Platform Terms, including any applicable client software terms, data-processing terms, privacy terms, order-form terms, usage restrictions, subscription terms, account-administration terms, and incorporated policies, govern Client’s access to and use of the assessment platform, software, reports, assessments, modules, subscriptions, credits, and related platform services.
If there is any conflict between this Agreement and the Platform Terms, the Platform Terms control with respect to the assessment platform, software, reports, assessments, account access, data processing, intellectual property, subscriptions, platform services, and related usage rights.
Nothing in this Agreement modifies, limits, expands, replaces, or waives the Platform Terms.
2. Relationship Between the Parties
TheHRTest provides sales support, purchase facilitation, account coordination, implementation support, training coordination, and related business services in connection with the assessment services purchased by Client.
TheHRTest is not the owner or developer of the underlying assessment platform, software, reports, methodology, intellectual property, or platform infrastructure.
Client acknowledges that TheHRTest may coordinate Client’s purchase, order processing, account activation, invoicing, support, implementation, training, renewals, and account administration through one or more certified partners, platform providers, payment processors, contractors, or service partners.
No statement, website description, quote, proposal, email, consultation, recommendation, support response, or other communication from TheHRTest modifies the Platform Terms or creates any obligation of the platform provider unless expressly accepted by that provider in writing.
3. Business-Only Purchase and Buyer Authority
The person completing the purchase, submitting Client information, approving payment, accepting this Agreement, or otherwise authorizing the order on behalf of Client represents and warrants that:
a. Client is purchasing for business purposes only;
b. the person accepting this Agreement has authority to bind Client;
c. Client has obtained all internal approvals required to purchase and use the assessment services;
d. all information submitted through TheHRTest is complete, current, and accurate;
e. Client will use the assessment services only for lawful internal business purposes; and
f. Client is not purchasing as an individual consumer.
TheHRTest may refuse, delay, cancel, or request additional verification for any order where business identity, buyer authority, billing information, account information, intended use, or payment authorization is unclear.
4. Order Details and Account Activation
After Client purchases through TheHRTest, order documentation or account activation documentation may be prepared and submitted to the applicable platform, certified partner, or account-activation system.
Such documentation may include, among other things:
a. Client legal name;
b. Client address;
c. billing information;
d. key contact and account administrator information;
e. selected products, modules, subscriptions, services, workshops, or credits;
f. employee headcount or subscription tier;
g. subscription term;
h. start date;
i. pricing, discounts, taxes, and payment terms; and
j. any other information required for order processing or account activation.
Client understands that account activation may depend on completion of required order information, acceptance by the platform or certified partner, payment status, compliance review, data-processing requirements, export-control screening, sanctions screening, and other administrative requirements.
TheHRTest is not responsible for delays caused by missing Client information, incorrect Client information, payment issues, platform processing timelines, certified partner processing timelines, compliance screening, or Client’s failure to provide required approvals or documentation.
5. Client Acceptance of Order Terms
By purchasing through TheHRTest, Client confirms that it accepts the terms applicable to the selected assessment services, including the Platform Terms and any terms incorporated into the applicable order documentation.
Client agrees that order documentation submitted for account activation may be treated as Client’s authorized order for the selected assessment services.
Client further agrees that the effective date, start date, subscription term, renewal rules, product limits, module limits, fees, payment terms, taxes, account administration rules, data-processing terms, support terms, suspension rights, termination rules, intellectual-property restrictions, confidentiality obligations, liability limits, and governing-law provisions applicable to the underlying assessment services are those set out in the Platform Terms and applicable order documentation.
6. Payment, Fees, Taxes, and Refunds
Client agrees to pay all amounts shown at checkout, in the applicable quote, invoice, order confirmation, payment confirmation, or account activation documentation.
Unless expressly stated otherwise in writing:
a. subscription fees are payable for the full subscription term;
b. one-time fees, workshop fees, consulting fees, practitioner fees, assessment credits, and service fees are payable as stated at purchase;
c. taxes, VAT, sales taxes, withholding taxes, bank charges, card charges, currency conversion charges, and similar costs are Client’s responsibility;
d. discounts apply only if expressly shown in the order; and
e. paid amounts are non-refundable except to the extent required by applicable law or expressly stated in the applicable Platform Terms or written refund policy.
If TheHRTest determines that the wrong module tier, headcount tier, assessment quantity, product category, or pricing category was selected, TheHRTest may request correction before activation or may issue a supplemental invoice for the difference.
7. Client Data, Privacy, and Lawful Basis
Client is responsible for determining whether it has a lawful basis, consent, notice, employment-law basis, privacy-law basis, data-processing authority, or other legal authority required to invite individuals to complete assessments, process assessment results, use reports, and store or submit Client Data through the assessment platform.
Client agrees not to submit, upload, transmit, or cause to be submitted any data unless Client has all required rights, permissions, consents, notices, and lawful bases to do so.
Client is responsible for its own compliance with applicable privacy, employment, labor, anti-discrimination, human-rights, data-protection, record-retention, and workplace laws.
TheHRTest may provide general implementation support, but TheHRTest does not provide legal advice and is not responsible for determining whether Client’s intended use complies with laws applicable to Client.
8. Limited Authorization for Account Activation Documents and Payment Processing
Client authorizes TheHRTest, acting through its authorized representative, Mykhaylo Vlasov, to complete, submit, process, and, where required for account activation, electronically acknowledge or sign the applicable order form, account activation form, subscription document, renewal document, or equivalent account-activation documentation on Client’s behalf.
This authorization is limited to the specific products, services, modules, subscription tier, order value, term, Client information, and purchase details approved by Client through TheHRTest checkout, written quote approval, email approval, invoice approval, purchase order, or other written or electronic confirmation.
Client agrees that any order form or account activation document submitted under this authorization is deemed authorized by Client and may be relied upon for purposes of account activation, subscription setup, billing, administration, support, renewal processing, and related order administration.
Client further acknowledges that payments, commissions, payouts, settlement amounts, or other amounts connected with orders placed through TheHRTest may be received, processed, or paid to TheHRTest or its authorized representative, including into an account held in the name of the authorized representative identified in this section, without affecting Client’s obligations under this Agreement, the applicable order documentation, or the Platform Terms.
This authorization does not permit TheHRTest or its authorized representative to:
a. purchase products or services not approved by Client;
b. materially increase Client’s fees without Client approval;
c. bind Client to unrelated products or services;
d. change Client’s legal obligations except as required by the standard terms applicable to the approved purchase;
e. waive Client’s rights except as set out in the standard terms applicable to the approved purchase; or
f. act on Client’s behalf for any purpose outside ordering, activation, administration, support, payment processing, payout processing, or renewal of the approved assessment services.
Client may revoke this authorization for future orders by written notice to TheHRTest. Revocation does not affect any order form, account activation document, subscription, renewal, invoice, payment, payout, account activation, or obligation already submitted, processed, paid, received, or accepted before TheHRTest receives and reasonably processes the revocation.
9. Key Contact and Account Administration
Client must designate a key contact or account administrator for account setup and administration.
Client represents that the designated key contact has authority to administer Client’s account, access Client Data, manage users, make account changes, and communicate with TheHRTest and applicable service partners regarding Client’s account, unless Client provides written notice of a different authorized contact.
Client is responsible for all actions, instructions, permissions, access rights, and account-administration decisions made by Client’s key contact, administrators, users, employees, contractors, and authorized representatives.
10. TheHRTest Support and Related Services
TheHRTest may provide sales support, implementation support, training coordination, product guidance, account coordination, reporting assistance, general HR consulting, or other related business services.
Unless expressly stated otherwise in writing, such support and consulting services are provided by TheHRTest or its service partners and are separate from the underlying platform services.
TheHRTest’s support and consulting services are advisory and operational in nature. Client remains responsible for all hiring, promotion, termination, discipline, compensation, workplace, legal, compliance, and employment decisions.
Client agrees not to rely on assessment results, reports, software outputs, or TheHRTest recommendations as the sole basis for any employment decision.
11. Intellectual Property and Use Restrictions
Client acknowledges that the underlying assessment platform, software, assessments, reports, methodologies, trademarks, documentation, user interface, content, scoring, data models, and related materials are owned or controlled by their respective rights holders.
Client may use the assessment services only as permitted by the applicable Platform Terms and order documentation.
Client must not copy, reproduce, modify, reverse engineer, distribute, resell, sublicense, publish, scrape, benchmark, decompile, disclose, or create derivative works from the software, assessments, reports, materials, or intellectual property except as expressly permitted by the applicable terms.
Client must not remove trademarks, notices, disclaimers, or branding from platform materials.
12. Compliance, Ethical Use, and Restrictions
Client agrees to use the assessment services lawfully, ethically, and for legitimate internal business purposes only.
Client must not use the assessment services:
a. for unlawful discrimination;
b. in violation of privacy, employment, labor, human-rights, or anti-discrimination laws;
c. to process data without required authority or consent;
d. for resale, sublicensing, or unauthorized third-party use;
e. to build, evaluate, benchmark, or support a competing product;
f. in violation of export-control or sanctions laws; or
g. in any manner prohibited by the applicable Platform Terms.
13. No Legal, Employment, or Compliance Advice
TheHRTest may provide practical HR, assessment, training, implementation, and business guidance. Such guidance is not legal advice, employment-law advice, privacy-law advice, tax advice, accounting advice, or regulatory advice.
Client is responsible for obtaining its own legal, privacy, employment, tax, procurement, and compliance advice before using the assessment services.
14. No Authority to Bind Third Parties
Client acknowledges that TheHRTest is not authorized to modify third-party platform terms, waive third-party rights, make warranties on behalf of third parties, commit third parties to service levels, or bind third parties to obligations unless expressly authorized in writing by the applicable third party.
15. Order Accuracy and Client Responsibility
Client is responsible for reviewing all order details, including selected products, modules, headcount, subscription tier, pricing, term, billing details, key contact, company information, and account setup details.
If Client identifies an error, Client must notify TheHRTest promptly before account activation. TheHRTest will use commercially reasonable efforts to correct the error where correction is possible, but TheHRTest is not responsible for errors caused by inaccurate or incomplete information submitted by Client.
16. Limitation of TheHRTest Liability
To the maximum extent permitted by applicable law, TheHRTest’s liability arising out of or relating to this Agreement, the website, order processing, support services, consulting services, or any related non-platform services is limited to the amount paid by Client directly to TheHRTest for the specific service giving rise to the claim during the twelve months before the claim arose.
TheHRTest is not liable for indirect, consequential, special, incidental, punitive, exemplary, lost profit, lost revenue, lost business, lost opportunity, reputational, employment-decision, hiring-decision, or data-related damages, whether arising in contract, tort, negligence, statute, equity, or otherwise.
The limitations in this section do not limit liability where such limitation is prohibited by applicable law.
17. Indemnity
Client agrees to indemnify and hold harmless TheHRTest from and against claims, losses, damages, liabilities, penalties, costs, and expenses arising out of or relating to:
a. Client’s breach of this Agreement;
b. Client’s breach of the applicable Platform Terms;
c. Client’s unlawful or unauthorized use of the assessment services;
d. Client’s employment, hiring, promotion, termination, compensation, disciplinary, or workplace decisions;
e. Client’s failure to obtain required consents, notices, lawful bases, or approvals;
f. inaccurate or incomplete information provided by Client;
g. use of Client’s account by Client’s employees, contractors, users, administrators, or representatives; or
h. any claim by an assessment taker, candidate, employee, contractor, regulator, or third party arising from Client’s use of the assessment services.
18. Confidentiality
Each party may receive confidential business, technical, pricing, account, assessment, personnel, candidate, employee, or other non-public information.
Each party agrees to protect the other party’s confidential information using commercially reasonable care and to use it only for purposes of performing or receiving services under this Agreement, administering the account, supporting the Client relationship, or complying with legal obligations.
This section does not limit any stricter confidentiality obligations under applicable Platform Terms.
19. Term, Renewal, and Termination
This Agreement begins when Client accepts it online, submits an order, approves a quote, pays an invoice, or otherwise authorizes purchase through TheHRTest.
This Agreement continues for as long as Client has an active order, subscription, account, renewal, unpaid invoice, active support relationship, or outstanding obligation connected to a purchase through TheHRTest.
Termination of this Agreement does not terminate Client’s obligations under any applicable order documentation, Platform Terms, subscription, invoice, payment obligation, confidentiality obligation, data obligation, intellectual-property obligation, indemnity, or any other provision intended to survive.
20. Changes to These Terms
TheHRTest may update this Agreement from time to time by posting updated terms on thehrtest.com or by providing notice to Client.
For existing paid subscriptions, material changes to TheHRTest terms will apply prospectively and will not materially change the commercial terms of an already-paid order unless Client agrees or unless the change is required by law, platform requirements, certified partner requirements, payment processor requirements, or compliance obligations.
The applicable platform provider may separately update the Platform Terms in accordance with those terms.
21. Governing Law
Unless mandatory law requires otherwise, this Agreement is governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein.
The courts located in Manitoba, Canada will have jurisdiction over disputes arising under this Agreement, except to the extent the dispute is governed by the Platform Terms, applicable order documentation, or another mandatory jurisdiction clause.
22. Entire Agreement and Order of Precedence
This Agreement, together with any checkout confirmation, quote, invoice, written order approval, and any terms incorporated by reference, forms the agreement between Client and TheHRTest regarding Client’s purchase through TheHRTest.
For the underlying assessment services, the following order of precedence applies:
applicable order documentation accepted for account activation;
the Platform Terms and any incorporated platform policies;
any written terms expressly accepted by the applicable platform provider;
this Agreement, only to the extent it does not conflict with the above;
checkout details, quotes, invoices, or other TheHRTest order documents, only to the extent they do not conflict with the above.
Nothing in this Agreement limits the rights or remedies of any applicable platform provider under its own terms.
23. Electronic Acceptance
Client agrees that checking an acceptance box, clicking “Buy,” clicking “Pay,” submitting an order, approving a quote, paying an invoice, signing electronically, or otherwise confirming purchase electronically constitutes Client’s binding acceptance of this Agreement and authorization to proceed with the applicable order and account activation process.
The person accepting electronically represents and warrants that they are authorized to bind Client.
24. Checkout Acknowledgment
Before completing purchase, Client must confirm:
“I confirm that I am authorized to bind the company purchasing these services. I agree on behalf of the company to TheHRTest Business Client Agreement, including the applicable third-party platform terms and the limited authorization for TheHRTest to complete, submit, and where required electronically acknowledge or sign the applicable order and account activation documentation on the company’s behalf for the purchased services.”