Terms of Service
Last updated: 18.10.2024
These Terms of Service (the “Terms”) apply to the Workant online service (the “Service”) provided by Workant Oy (the “Supplier”). By registering for or using the Service, you agree to these Terms on your own behalf or, if applicable, on behalf of the entity you represent (the “Customer”). End Users (such as employees whose data is processed through the Service) must also agree to these Terms to use the Service. If you do not agree to these Terms, you or the entity you represent are not entitled to use the Service.
Definitions
• Service: The Workant online platform, associated modules, and services provided to the Customer and End Users.
• Business User: An individual or entity (e.g., HR manager or company) who subscribes to the Service and manages employee data or processes.
• End User: An individual (e.g., employee) whose data is processed through the Service as part of their employment or participation with a Business User.
• Supplier: Workant Oy, the provider of the Service.
• Agreement: This contract, including any updates or modifications to the Terms.
Access to the Service and Subject Matter of the Agreement
The Supplier grants the Customer and End Users a non-exclusive, non-transferable right to access and use the Service for the duration of the Agreement, strictly for internal business operations. The Customer may allow its group entities or subsidiaries to use the Service to the extent permitted by the Agreement.
End Users are granted access by their employer (the Business User) and are subject to the same confidentiality and use restrictions.
The Customer and End Users are responsible for ensuring that usernames and passwords are kept confidential. The Customer is liable for any activity occurring under their user ID. If there is any suspicion of unauthorized use or compromise of login credentials, the Customer must notify the Supplier immediately.
The subject of the Agreement is the Workant online service provided by the Supplier. The Customer and End Users agree to use the Service only as specified in these Terms.
Free Trial and Billing
The Service may be offered on a free trial basis for a limited period, after which the Customer can decide to subscribe. The free trial is intended to allow the Customer to evaluate the Service before committing to a paid subscription.
Billing for paid services begins when the Customer places an order or when the free trial expires, as per the current price list available on the Workant website. The Customer selects the payment method at the time of ordering or by notifying Customer Service. Invoices are issued electronically, with a payment term of 14 days net unless otherwise agreed.
The Customer agrees to pay all applicable fees and authorizes the Supplier to charge the designated account or credit card for those fees. All prices are exclusive of taxes, and the Customer is responsible for any applicable taxes.
Price Changes
The Supplier may modify the pricing by giving at least 30 days’ notice before the new prices take effect. If the Customer does not accept the new prices, they may terminate the Agreement by notifying the Supplier at least 7 days before the price change takes effect.
Late Payments
If the Customer fails to pay an invoice within 30 days of the due date, the Supplier reserves the right to suspend or terminate access to the Service. If payment is not received within 30 days after suspension, the Supplier may permanently delete the Customer’s data from the Service.
Customer and End User Responsibilities
The Customer and End Users agree to use the Service in compliance with all applicable laws and regulations. The Customer is responsible for the content they upload or process using the Service and must ensure that such content does not infringe on any third-party rights, including intellectual property rights.
End Users must use the platform responsibly, ensuring the data they provide is truthful and accurate. Any misuse of the platform or entry of false data may result in the suspension or termination of the End User’s access.
The Customer is responsible for securing any consents or permissions required for processing employee data under applicable privacy laws, including GDPR. The Supplier does not accept liability for the content or legality of Customer data stored within the Service.
Intellectual Property Rights
All intellectual property rights to the Service and related documentation remain with the Supplier or its licensors. The Customer and End Users are granted a limited license to use the Service in accordance with these Terms and do not acquire any ownership rights.
Any feedback or suggestions provided by the Customer or End Users regarding the Service may be used by the Supplier for any purpose without obligation.
Service Availability and Technical Limitations
The Supplier strives to ensure high availability of the Service but does not guarantee uninterrupted access. Temporary downtime may occur due to maintenance, updates, or technical issues. The Supplier will provide advance notice for planned maintenance whenever possible.
The Supplier supports the most common web browsers but does not guarantee that the Service will work on all versions. The Supplier will make reasonable efforts to extend functionality but cannot guarantee support for all devices or platforms.
Data Security
The Supplier is committed to ensuring the security of all data processed through the Service. The Supplier employs industry-standard security measures, including data encryption in transit and at rest, secure storage solutions, and access controls to safeguard personal and business data.
The Supplier also regularly monitors the Service for potential vulnerabilities and conducts security reviews to ensure compliance with data protection standards. In the event of a data breach that impacts the Customer’s or End User’s data, the Supplier will notify the affected parties without undue delay and, where feasible, within 72 hours of becoming aware of the breach, in accordance with applicable data protection laws.
Limitation of Liability
The Supplier’s total liability for any claims, damages, or expenses incurred by the Customer is limited to 50% of the fees paid by the Customer during the 12 months preceding the incident. The Supplier is not liable for indirect or consequential damages, including lost profits, business interruptions, or loss of data. This applies to both Business Users and End Users.
Force Majeure
Neither party shall be liable for failure to perform its obligations under this Agreement if such failure is caused by events beyond its reasonable control, including but not limited to acts of God, government restrictions, wars, cyber-attacks, pandemics, labor strikes, or power outages. Each party will take all reasonable steps to mitigate the effects of such events.
Data Privacy and GDPR Compliance
The Supplier complies with all applicable data protection laws, including GDPR. The Customer is responsible for ensuring the lawful processing of any personal data uploaded to the Service. End Users’ data will be processed in accordance with our Privacy Policy. For more details on how personal data is collected, processed, and protected, please refer to our Privacy Policy.
Data Ownership
Workant Oy does not claim ownership of the data uploaded by the Customer or End Users to the Service. However, Workant Oy reserves the right to analyze and use anonymized, aggregated data for the purpose of improving the Service or conducting analytics, provided that such data cannot be linked back to any individual or entity.
End User Data Rights
As an End User, you have the right to access, modify, or request deletion of your personal data processed through the Service. To exercise these rights, you should contact your employer (the Business User). If additional assistance is required, you may contact us directly as outlined in the Privacy Policy.
Termination of Access for End Users
Access to the Service for End Users may be terminated if your employment with the Business User ends or if the Business User’s account with Workant is suspended or terminated. In such cases, End Users will no longer have access to the Service.
Termination for Data Breach
The Customer may terminate this Agreement with immediate effect if a data breach caused by the Supplier’s negligence results in unauthorized access to the Customer’s or End User’s personal data.
Termination or Transfer of the Agreement
Either party may terminate the Agreement if the other party materially breaches the Terms. The Supplier reserves the right to transfer or assign this Agreement in the event of a business transfer, provided written notice is given to the Customer.
Dispute Resolution
Any disputes arising under these Terms will be resolved in the Helsinki District Court, Finland. This Agreement is governed by the laws of Finland.
Changes to the Terms
The Supplier reserves the right to modify these Terms at any time. Changes will be communicated through email, the Service platform, or other appropriate means. The changes will become effective 30 days after notice is provided. Continued use of the Service after such changes constitutes acceptance of the modified Terms. If the Customer or End Users do not agree with the changes, they may terminate the Agreement by notifying the Supplier within 14 days of receiving the notification.