“LEADing Practice Material” (LPM) means all LEADing Practice material, including without limitation: information and material containing Reference Content, Enterprise Standards, Industry Standards, and all products, software, website, frameworks, methods, trade secrets, knowledge, ideas, approaches with associated descriptions, categorization, classification, semantic relationships, ontology, objects, meta objects, artefacts, maps, matrices and models, in whatever form or media they may be used (including print media, online media, books, articles, audiovisual works, blogs, wikis, or any other format or medium). LPM also includes all text, images, software, documentation, screenshots, web sites, photographs, video footage, etc. of LEADing Practice, in whatever media they may be used (including print media, online media, books, articles, audiovisual works, blogs, wikis, or any other format or medium) (collectively referred to as “LPM”).
“LEADing Practice Service” means all creation, customization, modification, implementation, application, supervision, communication, sharing or any other work, activity or service related to LPM (collectively referred to as “LPS”).
“Reference Content” means all materials and content descriptions, categorization and classification, including without limitation: semantic relationships, ontology, meta objects, maps, matrices and models to succeed and work across the business management and information technology disciplines as well as across projects and roles. “Reference Content” also includes all of the procedures and practices associated with the Reference Content.
“Enterprise Standards” means document rules and instructions that describe a repeatable sequence of procedures, practices and step-by-step activities that are required to be followed in order to achieve a desired result, including without limitation:
- Best Practices – what works well to improve and standardize the non-core capabilities with a focus on the cost model and operating model.
- Industry Practices – performance accelerators to improve competitive parity and standardize core competitive capabilities with a focus on the performance model and service model.
- Leading Practices – outperformer practices to define and strengthen competitive advantage, innovation and efficiency in the core differentiating capabilities with a focus on the revenue model and value model.
- Patterns of Success – a sequence of repeatable patterns that defines hyper growth and first mover organizations.
“Industry Standards” means all Standards that are tailored for and applicable to various industries. As with Enterprise Standards, Industry Standards include without limitation: document rules and instructions that describe a repeatable sequence of procedures, practices and step-by-step activities that are required to be followed in order to achieve a desired result.
“You” means any reader of this policy, any purchaser and/or user of LPM and/or LPS, including without limitation: any employee, member, director, officer, shareholder, board member, partner, representative or affiliate of aforementioned reader, purchaser or user of LPM and/or LPS. Anyone included in this definition shall be bound by the terms of this Policy and deemed to accept them.
“Release for Usage” means the complete or partial integration, implementation, addition and/or storage of any Reference Content into enterprise, business and other systems, as well as its global and/or widespread use.
This Website (the “Site”) contains proprietary notices and copyright information, the terms of which must be observed and followed. Please see our Copyright section for related information.
Except for the limited permission in the preceding paragraph, LEADing Practice does not grant You any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media. Any standard, software, LEADing Practice Material or LEADing Practice Service that are made available for downloading, access, or other use from this site with their own license or contract terms will be governed by such terms, conditions, and notices. A definition of what constitutes “LEADing Practice Material” and “LEADing Practice Service” can be found in our Copyright Policy. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to You, without prior notice, and You must immediately destroy all copies of downloaded materials in Your possession, custody or control.
Website content and Copyright
Enterprise Standards example content and Copyright on Website
On the webpage You are granted access to example content of LEADing Practice Material, such as Enterprise Standards and Industry Standards, or LEADing Practice Service. You hereby agree not to reproduce, modify, copy, aggregate, distribute, transmit, display, publish, license, transfer or create derivative works or sell any information You gain access to through leading practice. Please review our entire Copyright Policy notice before proceeding. If You do not agree with these terms, You must exit this website immediately.
Disclaimer of Warranties
LEADing Practice does not make any warranties, express or implied, including, without limiting the generality of the foregoing, those of merchantability and fitness for a particular purpose, with respect to this Website. Although LEADing Practice takes reasonable steps to screen this Website for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties, LEADing Practice cannot guarantee that it will be free of infection or that it will be available at any particular time or location.
Accuracy of Information
LEADing Practice assumes no responsibility regarding the accuracy of the information that is provided by LEADing Practice and use of such information is at the recipient’s own risk. LEADing Practice provides no assurances that any reported problems may be resolved with the use of any information that LEADing Practice provides. By furnishing information, LEADing Practice does not grant any licenses to any copyrights, patents or any other intellectual property rights.
While the information contained on this Website has been obtained from sources believed to be reliable, LEADing Practice disclaims all warranties as to the accuracy, completeness or adequacy of such information. You assume sole responsibility for the use You make of this Website to achieve Your intended results.
Third Party Links
This Website may contain links to other third party websites, which are provided as additional resources for Your convenience. LEADing Practice does not endorse, sponsor or accept any responsibility for these third party websites, and You agree to direct any concerns relating to these third party websites to the relevant website administrator.
LEADing Practice makes no representations whatsoever about any other website, which You may access through this one. When You access a third-party web site, even one that may contain the LEADing Practice logo, You understand that it is independent from LEADing Practice and that LEADing Practice has no control over the content on that website.
In addition, a link to a third-party web site does not mean that LEADing Practice endorses or accepts any responsibility for the content, or the use, of such website. It is up to You to take precautions to ensure that whatever You select for use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
Third Party Rights
The terms hereunder regarding Disclaimer of Warranties, Limitation of Liability and Indemnification are for the benefit of LEADing Practice and its licensors, employees and agents, each of whom shall have the right to assert and enforce those terms against You. LEADing Practice links to independent, third-party information considered relevant and valuable to our audience. The views and opinions expressed there do not necessarily reflect the views of LEADing Practice, its members or its sponsors.
Limitation of Liability
In no event will LEADing Practice be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, newsletter or email services or on any other hyper linked website, including, without limitation, any lost profits, business interruption, loss of programs or otherwise, even if we are expressly advised of the possibility of such damages. All information is provided by the LEADing Practice on an “as is” basis only. LEADing Practice provides no representations and warranties express or implied, including the implied warranties of fitness for particular purpose, merchantability and non-infringement.
You agree, to the fullest extent permitted by law, to indemnify, defend, and hold LEADing Practice and its officers, agents, and employees harmless from and against any and all third party claims, demands, causes of action, damages, losses, and expenses of whatsoever nature, character, or description, regardless of merit thereof, which are or may be asserted against LEADing Practice by any person or entity, and which arise out of or result from, in whole or in part, (a) the gross negligence, Willful Breach or violation of Law of or by You, a Third Party, its employees, agents or members; (b) infringement of the Intellectual Property of LEADing Practice or a third party; (c) the breach You or a Third Party of any terms of a contract, Agreement or this Policy. The Liabilities, losses and costs covered hereunder include settlements, judgments, court costs, reasonable attorneys’ fees, fines, penalties and other litigation expenses.
Your right to privacy is of vital importance to LEADing Practice. When You register to use our Website, LEADing Practice will ask You to provide Your name, organization, email address, and other related information. LEADing Practice will use this information to provide You with a more personalized online experience and, where applicable, to process orders, as well as to keep track of what topics are of interest to our readers. LEADing Practice will not share this information with any third party.
Information or Material Sent to LEADing Practice
LEADing Practice does not want to receive confidential or proprietary information from You through our website. Please note that any information or material sent to LEADing Practice will be deemed NOT to be confidential. By sending LEADing Practice any information or material, You grant LEADing Practice an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and You also agree that LEADing Practice is free to use any ideas, concepts, know-how or techniques that You send us for any purpose. However, we will not release Your name or otherwise publicize the fact that You submitted materials or other information to us unless: (a) we obtain Your permission to use Your name; or (b) we first notify You that the materials or other information You submit to a particular part of this site will be published or otherwise used with Your name on it; or (c) we are required to do so by law. To learn how we maintain Your privacy, please review our Privacy statement.
Restriction of Use
You will not (i) violate the security of the Site nor attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password timing or any other means; (ii) take nor attempt any action that, in the sole discretion of LEADing Practice, imposes or may impose an unreasonable or disproportionately large burden on the Site or its infrastructure; (iii) use nor attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Site, any data or content found on or accessed through the Site without the prior written consent of LEADing Practice; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.
Pricing and Invoicing Terms and Conditions
The standard fees (“Standard Fees”) applicable for LEADing Practice Materials (LPM), which may or may not be categorized or classified as Enterprise Standards or Industry Standards or other Reference Content, are: (A) Thirty-Two Thousand Euro (€32 000) per each LPM; and (B) Four Hundred and Eighty Thousand Euro (€480 000) per Release for Usage for each Reference Content.
The Standard Fees pricing listed above is subject to change. LEADing Practice reserves the right to make adjustments to the Standard Fees, and related pricing, products and service offerings at any time, for reasons including, but not limited to: changing market conditions, the relationship with the customer, the particular circumstances of a project, date and quantity of order, the type and level of usage, LPM customization, LPM discontinuation or errors in advertisements.
The Standard Fees listed above, or any other fees listed in this policy or elsewhere, are not to be construed as being final or set fees as they represent the minimum Fees to be invoiced by LEADing Practice unless otherwise negotiated in advance in writing with LEADing Practice. The Standard Fees may not apply to a particular LPM or LPS contracted by You or the customer, and LEADing Practice shall not be bound by any of these minimum Standard Fees during negotiations of such contract terms.
Representation & LEADing Practice Partnerships
Only LEADing Practice can provide, distribute, tailor or sell LPM or LPS. In certain circumstances, LEADing Practice partners may be allowed to resell the LEADing Practice LPM or LPS. However, LEADing Practice partners must have a written and signed partnership agreement with LEADing Practice, in order to represent LEADing Practice and sell LPM or LPS. It is your reponsibility to ensure that whoever is providing You LPM or LPS is an official LEADing Practice Partner. Without limiting the generality of the foregoing, the standard fees for a LEADing Practice partnership (“Partnership Fees”) include the following:
- A LEADing Practice partnership agreement/contract is 150.000 EUR*.
- The annual partnership license fee is 150.000 EUR*.
- The royalty fee for the right to resell LEADing Practice reference content products is 250.000 EUR*.
- The royalty fee for the right to resell LEADing Practice training products is 250.000 EUR*.
- The royalty fee for the right to resell LEADing Practice software products is 250.000 EUR*.
- Sales support: The partner will pay LEADing Practice an annual sales support fee in the amount of 150.000 EUR*.
- In the case of a private company or other non-government company/entity: Payment of 10% of TOTAL company revenue, for as long as the company provides, distributes, sells or allows access to LPM or LPS, or otherwise generally acts or behaves like a LEADing Practice Partner.
- In the case of a government or governmental branch, department or other entity: Payment of 10% of the yearly budgets, for as long as the government or entity provides, distributes, sells or allows access to LPM or LPS, or otherwise generally acts or behaves like a LEADing Practice Partner.
* These amounts can, in special circumstances, be altered by LEADing Practice ApS.
Without such a partnership contract or agreement, any providing, distributing, selling, or allowing access to LPM or LPs shall be deemed a breach of LEADing Practice policies and its intellectual property, as well as a misrepresentation of partnership. Such a breach shall be subject to LEADing Practice Partnership fees, as well as any other fees or remedy which may be available to LEADing Practice. As per our Copyright Policy, if You use or receive any LPM or LPS, You agree with the Policies of LEADing Practice and are bound to keep the intellectual property of LEADing Practice secure. If You allow, whether actively or passively, the material to be released, reused, reproduced, modified, copied, reconstructed, aggregated, distributed, transmitted, displayed, published, licensed or transferred in any way, You will be held accountable for any breach which may occur. Following such a breach, You will be invoiced for the LPM or LPS, as well as any applicable “Release for Usage” fees, Partnership Fees, as well as any other fees or remedies which may be available to LEADing Practice.
Fees for Government, Corporate and Institutional Customers
The fees for certain government, corporate and institutional customers may be set forth in a bid or other written agreement between the parties.
You will be invoiced for each Release for Usage obtained via direct and authorized releases by LEADing Practice to You as per negotiated contract terms and in accordance with the timetable and amounts specified in the contract. LEADing Practice may refuse or cancel any contract purchase orders placed at the incorrect price, notwithstanding such error is determined after contract negotiations.
You will be invoiced Standard Fees for each Release for Usage obtained via any unauthorized use, disclosure, appropriation, reproduction or misuse of any LPM and/or LPS in any form whatsoever, whether in absence of contract or outside the use permitted by contract.
Any invoice payment obligations under this Policy are non-cancelable and, except as maybe otherwise expressly stated by a pre-negotiated contract, all Fees paid are non-refundable.
Implementation Fees and other Fees
Implementation and other fees, such as LPS fees, are not included in, and are in addition to, the Standard Fees applicable to Release for Usage described above.
Implementation of LPM and/or LPS can only be performed by LEADing Practice or under the direct supervision and direction of LEADing Practice, as contractually agreed to in writing prior to such implementation.
You will be invoiced for unauthorized implementation, usage and for all creation, customization, modification, implementation, application, supervision, communication, sharing or any other work, activity or service related to LPM which are exclusive services to be performed solely by LEADing Practice (defined above as “LPS”). The fees for such unauthorized implementation, usage and changes shall be based on applicable LEADing Practice fees charged to customers for same or similar implementation, usage and changes of LPM and/or LPS, all of which to be determined by LEADing Practice.
Fees under negotiated contract and Standard Fees are both exclusive of federal, state, provincial, local, foreign or any other taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes).
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with Your activity in connection with the Services, (excluding only taxes based upon LEADing Practice’s net income). All amounts due hereunder shall be grossed-up for any withholding taxes imposed by any foreign government.
You will pay pre-negotiated contract fees or the Standard Fees in the standard EURO currency, unless otherwise quoted by LEADing Practice. LEADing Practice reserves the right to change the quoted currency at any time and for any reason at the time of negotiation of the contract.
You also agree to pay any and all reasonable attorneys’ fees and court costs and other costs incurred by LEADing Practice to protect its LPM and/or LPS, or to collect any unpaid amounts owed to it.
Late Payment Fees
Without limiting the generality of the foregoing, if any payment due on a payment due date as listed on the Invoice (the “Payment Date”) is not received in full on or before the Payment Date, LEADing Practice reserves the right to charge a Late Payment Fee (as described on the Invoice or contract), in addition to the Fees already owed. You shall pay to LEADing Practice, immediately and without demand this Late Payment Fee, for each month during which such payment delinquency exists, equal to 2 percent (2%) of the amount owed, to defray the expenses incurred by LEADing Practice in handling and processing such delinquent payment and to compensate LEADing Practice for the loss of use of funds from such delinquent payment.
Governing Law and Jurisdiction
This Policy is governed exclusively by, and is to be enforced, construed and interpreted exclusively in accordance with, the laws of Canada, or the laws of the Country in which a breach, dispute or action arises, at the discretion of LEADing Practice, and such laws shall be deemed to be the proper and applicable laws of the Policy. Each Party will submit to the exclusive jurisdiction of the appropriate Courts and all courts having appellate jurisdiction thereover, in any suit, action or other proceeding arising out of or relating to this Policy.
Each party waives and will not assert by way of motion as a defence or otherwise in any such action, any claim that:
- such party is not subject to the jurisdiction of such Court;
- such action is brought in an inconvenient forum;
- the venue of such action is improper; or
- any subject matter of such action may not be enforced in or by such Court;
and will not seek and hereby waives in any suit or action brought to obtain a judgment for the recognition or enforcement of any final judgment rendered in an action and review, other than by way of appeal, in any court of any other jurisdiction of or pertaining to the merits of any action, whether or not such party appears in or defends the action.
Severance of Terms
If any provision contained in this Policy is held by any competent authority to be invalid or unenforceable in whole or in part, it shall insofar as it is severable from the remainder of the Policy, be deemed to be omitted from the Policy and the validity of the other provisions contained in Policy and the remainder of the provision in question shall not be affected thereby.