Terms of Service
Last updated: 2.10.2024
These Terms of Service (the “Terms”) apply to the Workant online service (the “Service”) provided by Workant Oy (the “Provider”). 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”). By accepting these Terms, you confirm that you have the authority to enter into a binding contract on behalf of the entity you represent. 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 and associated modules and services provided to the Customer.
• Customer: The individual or entity agreeing to these Terms and using the Service.
• 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 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 only allow its group entities or subsidiaries to use the Service to the extent permitted by the Agreement.
The Customer is 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.io online service provided by the Supplier. The Customer agrees 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.io website. The Customer chooses 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. The Customer has the right to terminate the Agreement if they do not accept the new prices, provided they notify 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 Responsibilities
The Customer agrees to use the Service in accordance with all applicable laws and regulations. The Customer is responsible for the content it uploads or processes using the Service and must ensure that such content does not violate any third-party rights, including intellectual property rights.
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 is granted a limited license to use the Service in accordance with these Terms and does not acquire any ownership rights.
Any feedback or suggestions provided by the Customer 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. In cases of non-compatibility, the Supplier will make efforts to extend functionality but cannot guarantee support for all devices or platforms.
Limitation of Liability
The Supplier’s total liability for 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 interruption, or loss of data.
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. A detailed description of data handling practices can be found in the Supplier’s Privacy Policy.
Indemnification
The Customer agrees to indemnify the Supplier against any claims, damages, or liabilities arising from the Customer’s misuse of the Service, violation of these Terms, or any legal action taken as a result of content uploaded by the Customer.
Confidentiality
Both parties agree to keep confidential any proprietary or confidential information exchanged during the term of this Agreement. This confidentiality obligation remains in effect for three years after the termination of the Agreement.
Termination or Transfer of the Agreement
Either party may terminate the Agreement for cause if the other party materially breaches the Terms. The Supplier may also transfer or assign this Agreement in the event of a business transfer, providing written notice to the Customer.
Dispute Resolution
Any disputes arising under these Terms shall be settled in the Helsinki District Court, 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 means, and will become effective upon notice.