Terms of Service
These Terms of Service apply to the Workant online service (the “Service”) provided by Workant Oy (the “Provider”). By registering for or using the Service, you accept these Terms on your own behalf, and if you are using the Service on behalf of an entity you represent, you accept them on behalf of the entity you represent. Any person who accepts the Terms on behalf of the entity they represent confirms that they have the right to enter into a binding contract on behalf of the entity they represent. If you do not accept the Terms, you or the entity you represent are not entitled to use the Service. The User or entity on whose behalf you have accepted the Terms is hereinafter referred to as the “Customer”.
Access to the Service and subject matter of the Agreement
The Supplier grants the Customer access to the Service for the duration of the Agreement. Access is limited to the Customer’s own internal activities and those of the Customer’s group entities to the extent provided for in this Agreement. The Customer shall not be entitled to copy, store, transfer, distribute or otherwise make available to the public the material contained in the Service or parts thereof.
The Customer is responsible for ensuring that users keep their usernames and passwords carefully and do not disclose them to third parties. The Customer shall be responsible for the use of the Service by users with their user ID and password and undertakes to inform the Supplier without delay of any third party having access to the user ID or password or of any suspected misuse of the user ID or password.
The subject matter of the Agreement is the online service Workant.io provided and offered by the Supplier to the Customer. The Customer undertakes to use the Supplier’s service on the terms and conditions set out in this Agreement.
The Service is subject to a free trial period, during or after which the Customer may decide to subscribe to the Software.
Billing for the Customer Relationship and Online Services shall commence at the time of receipt of the order. The purpose of the trial period is to allow the customer to familiarise himself with the service before deciding to subscribe.
The Customer shall pay for the Service in accordance with the price list in force from time to time. The Supplier’s current price list is available on the Workant.io website. The Customer chooses the billing method at the time of ordering, or informs Customer Service. The payment term for invoices is 14 days net. Invoicing takes place after the order has been placed, always during the relevant invoicing period.
The Supplier may increase the Contract prices by notifying the Customer at least 30 days before the new prices come into force. If the Customer does not accept the price change, the Customer has the right to terminate the Contract. The Customer will be notified of any price changes on the Supplier’s website or with the invoice for the previous billing period or by separate letter or email. In the event of a price increase, the Customer may terminate the Contract to expire at the time the price change takes effect by giving the Supplier at least 7 days’ notice.
If the Customer fails to pay the invoice within 30 days of the original due date, the Supplier has the right to terminate the Customer’s Service. If the Customer still fails to pay the invoice within 30 days, the Supplier has the right to delete the Customer’s data from the online service and to stop providing the Service. The Supplier shall invoice for the opening of the disconnected Service according to the work performed and the hourly rate valid at the time.
Free accounts are not charged and are available to Customers free of charge. Users of free accounts agree to receive advertising from the Supplier or a third party designated by the Supplier. Advertising may be targeted and may appear either in the control panel, in the mobile application or in email messages sent to the Customer.
Responsibilities of the Supplier
The Supplier shall provide the Customer with the Services ordered by the Customer. The Customer’s data content will not be used for marketing or other purposes. The Supplier is not responsible for the content of the Customer’s online service or the functionality of the content. The Supplier shall not disclose any information about the Customer or the Customer’s employees to third parties without a specific request from a public authority or a judicial body. The Supplier shall not be liable for any disruption or damage caused by viruses.
The Supplier shall not be liable for any disruption or damage caused by the activities of third parties. The Supplier shall not be liable for any interference, unauthorised use or similar activities with the Customer or the Customer’s information systems and equipment, whether caused by the network or otherwise.
The Supplier may provide the Service under the Contract in any manner it chooses. The Supplier reserves the right to change the content of the Service, subject to prior notice. Changes made at the request of the Customer (customisation) will be charged for in accordance with a separate agreement. The Supplier reserves the right to change the content of the Service even without prior notice, if this is necessary, for example, for reasons of data security or other urgent reasons. In this case, the changes made will be communicated as soon as possible afterwards.
The Supplier reserves the right to use technical means to prevent non-contractual activities.
The Client is fully responsible for the content of the information provided by its own services and undertakes to comply with the law of the country in which it is located. No content that is contrary to the laws of the local country may be stored or used in the Supplier’s Service. The Customer is responsible for the use of the functionalities of the Service within the framework of the laws and collective agreements.
The Customer shall be responsible for ensuring that the content does not cause interference with network traffic, does not infringe the intellectual property rights of third parties, does not violate any law, official regulations or collective agreements and is not contrary to good practice. The Supplier reserves the right to remove content that violates the terms of the Agreement. The Customer shall store all material on the Service at its own risk.
The Customer shall be responsible for the use of user names and passwords and for any direct or indirect activities carried out using them. The Customer shall use the computer networks at its own risk.
The Customer is entitled to use the disk space on the Service only for the storage of his/her own company/community or personal material. Resale of storage space is prohibited.
The Supplier reserves the right to remove material if it considers that the material is in breach of these terms and conditions.
The Customer shall reimburse the Supplier and any third parties for any investigation, repair and/or other costs incurred as a result of any misuse. The Customer shall indemnify the Supplier and its employees against any and all consequences that may arise from the Customer’s actions or conduct online or otherwise under this Service.
The Customer is responsible for ensuring that his/her activities on the network comply with the law and good practice. Unauthorised use or attempted use of the Supplier’s or third party servers or services is prohibited. Any search for and abuse of possible security holes by the Customer is strictly prohibited and will lead to immediate termination of the contract and possible claims for compensation.
The Supplier does not guarantee the preservation of data in the Service. If the Customer’s use of server resources deviates substantially from the normal use or from the Service description, the Supplier has the right to adjust the price charged for the Service to reflect the use. This will be agreed with the Customer on a case-by-case basis.
Content and modification of the Service
The Supplier shall provide the Service in accordance with the Agreement. The Supplier shall have the right to make changes to the Service that do not materially affect the content of the Service or the agreed Service level. In the event that the changes materially affect the content of the Service or the Service level, the Supplier shall notify the Customer of the changes by e-mail in advance. If the changes to the Service result in the removal of features from the Service, the Customer shall then have the right to terminate the Agreement to end on the effective date of the material change by giving at least 7 days written notice of the effective date of the change.
If the Parties agree on changes to the Service or if the Service needs to be changed due to the actions of the Customer or a third party, the Supplier shall be entitled to charge for the changes in accordance with the agreed charging criteria.
The commencement date of the Agreement shall be the same as the date on which the Service credentials are created. The Customer shall always have the right to terminate his Contract by giving 3 months’ notice. The three months shall be counted from the first day of the following month.
The parties have the right to terminate the Agreement if the other party does not comply with the Agreement or its terms. In particular, the Supplier may terminate the Contract if the Customer has not paid his invoice within 30 days of the due date of the invoice, if the Customer interferes with another online service, if the Customer uses the network for illegal or unethical activities or if the provision of the Service cannot be continued due to any other external factor (e.g. an order by a public authority or other force majeure situation). In this case, the Customer will not be reimbursed for the unused time.
In addition, the Supplier has the right to suspend or terminate the Service if any of the following conditions apply:
a) The Customer has been declared bankrupt, liquidated or insolvent.
b) The Customer fails to pay his invoice within 30 days of the original due date.
(c) The customer has not paid the invoice within 60 days of the original invoice date. In this case, the Supplier has the right to remove the Customer’s details from the Service and to stop providing the Service.
In the above cases, the entire content of the Service shall be transferred to the Supplier and the Customer shall have no rights to the Service until payment is made, unless otherwise agreed.
Processing of data
a) Identification data means data that can be associated with a user of the Service and that is processed in the Service and in the communication networks used by the Service for the purpose of transmitting, distributing or making available messages. Identifying information is processed as follows, in the following situations, as expressly permitted by law:
(b) To the extent necessary for the implementation and use of the Service and to ensure data security.
c) Identification data are processed for the purpose of developing the Service. The types of data we process are: IP address, cookies, user ID, customer data, activity history and session duration information for the different parts of the Service.
d) Identification data of telecommunication connections, terminal equipment, communication network and connected services that are part of the Service are collected for analysis.
e) Identification data shall be processed for the prevention, detection and investigation of unauthorised use of a paid service, communications network or communications service that is part of the Service, if the Supplier suspects misuse of the Service.
f) Identification data shall be processed if it is necessary to detect, prevent or resolve a technical fault or error in the transmission of communications.
g) Identification data shall also be processed for the purposes of informing the Supplier or its group companies about the Services, developing the Service and for statistical purposes. For this purpose, the following types of data are processed: IP address, cookies, user ID, customer data, activity history and information on the duration of the session in the different sections of the Service.
Technical limitations of the Service
The Provider provides support for the most common web browsers in its Services, but does not guarantee operation on all browser versions. Where the Supplier becomes aware of a non-functional browser version that is commonly used by a large customer base, the Supplier will endeavour to extend functionality to that browser, but does not guarantee that the browser or mobile platform in question can be supported.
Delivery of aspects of the Service may be delayed for reasons beyond the control of the Supplier. Where possible, the Supplier will endeavour to inform the Customer of any delays.
Errors and liability
The Service shall be deemed to be defective if it materially deviates from the characteristics defined in the Service description and the deviation materially interferes with the use of the Service. The Customer is recommended to report the error as soon as he notices it to the Customer Service e-mail address firstname.lastname@example.org. The operation of the Services will be monitored and any errors will be corrected as soon as possible.
The Supplier has the right to temporarily suspend the provision of the Service for a reasonable period of time if it is necessary for the installation, modification or maintenance of the Service and the installation, modification or maintenance cannot be carried out at a reasonable cost without suspending the provision of the Service. Reasonable advance notice of the interruption of the Service and the duration of the interruption shall be given to the Customer and other efforts shall be made to minimise any inconvenience caused by the interruption.
The Supplier shall also have the right to interrupt the provision of the Service for the purpose of installation, modification or maintenance work on the public telecommunications network or if required by law, regulation or the provisions of public authorities. In such cases, the Supplier shall endeavour to inform the Customer of the interruption and the duration of the interruption in advance.
The Supplier reserves the right not to remedy any fault caused by the Customer’s own actions, for example misconduct or incorrect use of the Service. The Supplier shall not be liable for problems or other errors in third party networks or software. The Supplier shall not be liable for errors or interruptions in service caused by force majeure or acts of third parties.
In the event of any fault, the Customer must make a complaint within seven (7) days in writing to email@example.com.
Limitation of liability
The Supplier’s total liability for all damages and expenses caused by the Service is limited to a maximum refund of 50% of the total amount of the payments made by the Customer in the last 12 months preceding the claim for damages. The Supplier shall not be liable for any damage or interruption to the Service caused by the Customer or any third party.
Neither Party shall be liable for any indirect or consequential loss or damage. However, this limitation of liability shall not apply if the damage is caused intentionally or by gross negligence or if the damage is caused by a breach of confidentiality.
This Agreement shall govern exhaustively the Supplier’s liability for damages and liability for breach of contract.
The Parties undertake to keep confidential any material or information received from each other which is marked confidential or is to be understood as such and not to use it for any purpose other than that provided for in the Contract. Each Party shall immediately cease using any confidential material and information received from the other Party and, upon request of the other Party, return or destroy such material and all copies thereof upon termination of the Agreement or when the material or information is no longer needed by the Party for the purposes of the Agreement, whichever is earlier. Each Party shall be entitled to retain such copies as may be required by law or regulation.
The obligation of confidentiality shall remain in force during the term of the Agreement and for 3 years thereafter.
Termination or transfer of the Agreement
Either Party may terminate the Agreement with immediate effect if the other Party commits a material breach of the Agreement and has not remedied the breach within 30 days of written notice. Either Party may terminate the Agreement with immediate effect if the other Party becomes bankrupt, enters into a composition, liquidation or winding-up.
The Supplier may assign the Contract in whole or in part in the event of a transfer of business by giving written notice to the Customer.
Intellectual Property Rights
The ownership rights, copyrights and other intellectual property rights (domain names, patents, trademarks, know-how rights, etc.) to the Service and related documentation and any new versions thereof shall belong to the Supplier or third parties in accordance with copyright law throughout the world, regardless of their registration.
Intellectual property rights relating to Customer Material (“Customer Material”) transferred to the Service by the Customer or users in connection with the use of the Service or otherwise provided or made available to the Supplier for the Service shall belong to the Customer or a third party. The Supplier shall be entitled to use the Customer Data only for the purpose of the Agreement, for the purpose of informing the Supplier or its affiliates about the Services, for the development of the Service and for statistical purposes.
The Contract is between the Supplier and the Customer. The Customer is responsible for ensuring that its employees, subcontractors or other parties involved in the Service comply with these Terms.
The Supplier shall have the right, without consulting the Customer, to deny the Customer access to the Service if the Supplier reasonably suspects that the Customer is placing an unreasonable burden on the Service or is using the Service in a manner not in accordance with the Agreement.
Disputes arising from the Agreement shall be settled by the Helsinki District Court.
The Supplier reserves the right to change prices and terms and conditions.
Mannerheiminaukio 100100 HelsinkiFinland