Términos y condiciones del servicio

TÉRMINOS Y CONDICIONES DEL SERVICIO

PEOPLEFORCE LTD, incorporated and operating under the laws of England and Wales, company number 12537808, with its registered office at 10 John Street, London, WC1N 2EB, United Kingdom, (hereinafter referred to as the “Service Provider”), has developed all-in-one HR software to manage and automate the processes of Human Resources in companies. 

These Terms and Conditions of Use regulate the rules to which the use of access and use of the Platform that PeopleForce has developed accessible through the domain https://peopleforce.io/  (hereinafter, the "Platform") is subject. Access to the Platform confers the condition of user to whoever uses it (hereinafter, the "Client") and implies the acceptance of all conditions included in this document (hereinafter, the "Agreement") and in PeopleForce's Privacy Policy https://peopleforce.io/privacy-policy.


This Agreement establishes the procedure and determines the conditions for obtaining permission to access and use the Platform by the Client, and the Client, subject to unconditional and full agreement with all the terms of this Agreement and its Annexes, accepts this Agreement in the manner specified by this Agreement , which indicates the full agreement of the Client's joining with the terms of this Agreement.

Annexes to this Agreement may contain conditions for providing access and use of the Platform and its individual modules, such as various Policies, Service Level Agreement, Data Protection Agreement, other terms of use the Platform, etc. Such additional terms are set forth in Additional Agreements, Policies, Rules, etc., which are accessible through the Platform website https://peopleforce.io/terms-and-conditions. Such Additional Agreements, Policies, Rules, Agreements are considered an integral part of this Agreement. If the Client at any time does not agree with any condition of this Agreement and/or integral parts of this Agreement, he/she cannot accept this Agreement and continue using the Platform.

Accepting all the conditions below and giving consent to the processing of Personal Data in accordance with the Privacy Policy (https://peopleforce.io/uk/privacy-policy) and the Data Processing Agreement, as well as accepting the terms of access and use of the Platform using the functionality of the site when submitting an application or making a payment through the site, the Client becomes a person who has accepted the terms of this Agreement.

Clients can use the Platform solely in accordance with the terms and conditions of this Agreement unless PeopleForce execute a separate agreement with the Client that explicitly states it governs the use of the Platform. 

By registering to use the Platform, the Client and persons to whom the Client will grant access to his/her account (the Client's Employees/Recruiters/Administrator - hereinafter referred to as "Users") agree to abide by the terms of this Agreement. The Client undertakes to independently inform its Users about the Terms of access and use of the Platform and is responsible for the actions of its Users.


Definition of terms

In this Agreement, the following terms are used in the following meanings:

Agreement - means this document, published on the website of the Service Provider https://peopleforce.io/terms-and-conditions,  which contains the terms and conditions access and use of the Platform. 

The Annex to the Agreement is an integral part of the Agreement, regulating certain aspects, containing important information that supplements the Agreement.

The Service Provider is PEOPLEFORCE LTD, a legal entity that has all the necessary rights to conclude this Agreement and provide Services for the Client's use of the Platform under the terms of this Agreement.

The Parties of the Agreement  - both Parties means the Service Provider and the Client.

The Client is an individual, an individual entrepreneur or a legal entity who accepted the terms of this Agreement and paid for the use of the Platform and is the owner of the account.

The User – Employee/Recruiter/Administrator of the Client - a natural or legal person who is involved in the Client's economic activity on the basis of an employment or other civil law contracts, and who is connected to the Platform by the Client. The Client is directly responsible for the actions of such an Employee/Recruiter/Administrator, as well as for the protection of his/her name, passwords and other codes related to access and use of the Platform.

The Administrator - a natural person appointed by the Client as the main administrative contact for making decisions related to managing the use of the Platform, disconnection from the Platform, solving other technical issues, who has the authority from the Client to administer access to the Platform, as well as to appoint additional Employees/Recruiters .

The Third parties are natural persons-entrepreneurs or legal entities whom the Service Provider has the right to engage as contractors, in order to support the PeopleForce platform, on the basis of concluding a separate Service Provision Agreement with them.

PeopleForce virtual platform (Platform) - software, a multifunctional HRM personnel management system, which includes an ATS system for recruiting and other related services provided by PeopleForce and which helps to automate routine personnel management work processes. The platform consists of various modules that can work both independently and in combination with other modules. The PeopleForce virtual platform is the object of copyright and intellectual rights, which are regulated and protected by legislation on intellectual property and copyright protection.

Acceptance - full, voluntary and unconditional acceptance by the Client of the terms of the Agreement and its Annexes, which is carried out as a result of the completion of the activation of the Client's Profile, which occurs during registration on the web page https://peopleforce.io, respectively to the terms of this Agreement.

The Client's signature - means a set of symbols that serve to indicate acceptance  of the Agreement in accordance with the terms of this Agreement and consists of four sets of authentication data: the Client's surname and first name or full name of the company  entered during registration, the specified email, which is entered during registration on the Platform.

Account data – information stored by the Service Provider that allows identification of the Client/User and is necessary for the management and use of the Platform;

Content - any information and materials that the User uploads or publishes on the Platform;

Personal data - information or a set of information about a natural person who is identified or can be specifically identified, directly or indirectly ("Data Subject");

Data - Personal Data of the Client/User, any data that the Client/User independently uploads to the system (Platform) of the Service Provider during the use of the Platform. 

Confidential information - Confidential Information, all confidential information which a Party, directly or indirectly discloses, or makes available, to the other Party,  including any information  which is specifically described as confidential by the disclosing Party and all information whatsoever concerning the business, interests, plans, intentions, clientele, targets, financials, technical information, data, analysis, administrative affairs, personal affairs,  operations, processes, policies, know-how, personnel, product or service information, suppliers, distributors, agents, trade secrets, designs, intellectual property ( such as trademarks copyrights and patents) and all and any other information reasonably deemed confidential of the disclosing Party

Data import - entering data provided by the User into the PeopleForce platform;

Data processing - means any operation or series of operations with Personal Data or sets of Personal Data with or without the use of automated means, such as collection, registration, organization, structuring, storage, adaptation or modification, retrieval, examination, use, disclosure through transfer, distribute or otherwise make available, arrange or combine, restrict, erase or destroy;

Cloud storage media - protected cloud storage for Data Storage, where Data is stored on numerous servers distributed in the network in the territory of the European Union countries;

Technical support - technical support of the Platform provided by the Service Provider to the Client on issues related to the installation, configuration of the Platform, import of files, etc., including relevant instructions, including the possibility of consultation in the chat of the Client's profile with managers (PeopleChat with Support and QA managers) within 1 (one) calendar month from the moment of connection for effective configuration of the Platform, as well as the opportunity for the Client to contact the Technical Support Service of the Provider during the entire period of use of the Platform.

The Consent of the Data Subject to the transfer of Data is the freely given, specific, informed, unambiguous and clearly defined consent of the owner of the Data or the legal and authorized user of such Data to their transfer, expressed, including, by accepting these terms and placing an order for the use of virtual the PeopleForce Platform

Data Protection Legislation means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR, the Data Protection Act 2018 (and regulations made thereunder), and the Privacy and Electronic Communications Regulations 2003 as amended;

GDPR” means EU General Data Protection Regulation 2016/679, the UK GDPR;

Information security management system ISO/IEC 27001 - Information security management system, which is part of the overall management system, which is based on an approach that takes into account information security risks (confidentiality, integrity of information, etc.), is intended for development, implementation, operation, monitoring, reviewing, maintaining and improving information security.

ISO / IEC 27001 International Certification is an independent audit conducted by an international competent certification body, which, subject to confirmation by the organization of ISO / IEC 27001 requirements, issues an ISO / IEC 27001 certificate. Certification is supported by regular annual audits.


1. Scope of the agreement

1.1. The Service Provider undertakes to provide the Client with a set of services for providing the PeopleForce virtual Platform for use, which consists of various Modules, the functionality of which is indicated on the website: https://peopleforce.io in the "Products" section (hereinafter - the Platform), and the Client undertakes to pay the appropriate fee for this and to comply with the terms of use of the platform.


2. Payment

2.1. The cost of services is indicated on the website https://peopleforce.io,  without VAT and is paid by the Client as a prepayment for the selected period of use of the Platform (its modules/module).

2.2. The terms of service may provide for a free trial period of using the Platform (its modules) for a period of up to 2 (two) weeks.

2.3. The price for services, after the first year of use of the Platform, may be changed unilaterally by the Service Provider. In such a case, the Service Provider is obliged to publish the relevant information on the website within a reasonable time, but not later than 30 (thirty) calendar days before the entry into force of the new prices for the services.

2.4. The price of the Agreement is set according to the number of the Client's Employees (Recruiters) connected to the Platform, and will change according to the increase in the number of such Employees according to the tariffs specified on the website https://peopleforce.io/pricing

2.5. Payment for services can be made by the Client through the payment module or by paying to the account of the Service Provider.

2.5. At the request of the Client and on the basis of mutual agreement, the Service Provider can provide additional services (change of the functional features of the platform, change of the interface, etc.). The price for such additional services and the terms of their provision shall be agreed by the Parties separately in writing by concluding an additional agreement.


3. Procedure for provision of services and access to the platform

3.1. Only registered Clients have the right to use the Platform. To access the Platform, individuals must accept this Agreement, accept the Privacy Policy, provide their full name, valid email address and other information requested by the Service Provider.

3.2. For registration, the Client undertakes to provide true and complete information about himself/herself and his/her Users on the issues listed in the registration form and to keep this information up to date. When registering, the Client indicates the name of his/her company in Latin, which will be used later to access the Platform (Example: the name in Latin “Name”, accordingly, the link name.peopleforce.io is provided to the Client to access the Platform).

3.3. When registering, the Client specifies his/her email address, which is subsequently used as a login to access the Platform. Also, the Client independently chooses a personal login (a unique symbolic account name) and a password for accessing the account. The Service Provider has the right to prohibit the use of certain logins, as well as set requirements for the login and password (number of characters, allowed characters, etc.).

3.4. The Client/User is solely responsible for the security (resistance to guessing) of the password chosen by them, and also independently ensures the confidentiality of their password.

3.5. Each Client is provided with a unique identifier for access to the Platform. The Client shall ensure that each User name is used only by the Client (in the Client's business) and not used by other persons.

3.6. The Administrator shall have the authority to administer and use the Platform on behalf of the Client, and shall also have the right to grant access to Employees/Recruiters within the number of persons in accordance with the selected module and tariff. The Client/Administrator has the right to deactivate the User if the Client/Administrator wishes to terminate access to the Platform of this User.

3.7. The Service Provider provides access to the Platform only using the web interface and/or mobile application in compliance with the provisions of this Agreement.

3.8. The Service Provider uses a secure method of authentication and access to the Platform, in particular, by: a) managing user passwords and protecting passwords using appropriate password management programs; b) transmission of passwords in encrypted form.

3.9. The Client is responsible for protecting User names and passwords or other codes related to the Platform, the actions of Administrators/Users when using the Platform.

3.10 The Client undertakes to comply with the policy and procedures for the prevention of unauthorized use of User names and passwords and immediately informs the Service Provider of suspected loss of passwords or their unauthorized use by persons not authorized by the Client.

3.11. The Service Provider is obliged to provide the Client with a platform with functionality as described on the website https://peopleforce.io

3.13. The Service Provider has the right to temporarily stop the Client's access to the platform or its individual elements for the purpose of carrying out technical works with prior notice to the Client of such works, in a reasonable time, at least 24 hours before their commencement in the case of planned works, or without prior notice in the case of carrying out emergency works.

3.14. The PeopleForce Platform is constantly evolving, so the Service Provider has the right to make changes to the functionality of the Platform at its own initiative without changing its main purpose and functionality, about which the Service Provider notifies the Customer by publishing relevant information on the Service Provider's website https://peopleforce.io within a reasonable time.


4. Rights and obligations of the service provider

4.1. The Service Provider is obliged to maintain the normal operation of the Platform during the entire time it is provided to the user except for unforeseen circumstances beyond the Service Provider's control.

4.2. The Service Provider is obliged to immediately notify the Client about unauthorized access to the Client's data on the PeopleForce platform or attempts at such access. In the event of a violation of the security and authentication procedure, access to the Platform, the Service Provider cooperates with the Client in order to establish the cause of the violation and identify the changed content, and also provides assistance to the Client in the investigation and prevention of repeated violations.

4.3. The Service Provider has the right to terminate the Client's access to the platform if the Client fails to make the required payment or if the Client grossly violates the terms of use of the platform (interfering with the software code of the platform, attempts to copy or modify it, providing the platform for use by third parties, including commercial purpose, in case of violation of copyright and intellectual rights of the Service Provider, its confidential information, etc.). In such case, the Customer's account data is stored for 90 calendar days, or deleted immediately at the request of the Customer. If the Customer has not paid the mandatory fee or has not terminated the violation of the terms of use of the platform during this period, the Service Provider has the right to delete the Customer’s account.

During the 90-day data stored period, the Customer will have access to this data and will have the right to erasure Customer’s  data or returned to him/her upon written request to the Service Provider. 

4.4. The Service Provider does not receive any rights to the information in the Client's account and does not use the personal information contained in the Client's account for a purpose other than that specified in this Agreement and except for the use of such data based on the Client's separate consent.

4.5. The Service Provider has the right to involve Third Parties (Contractors) in the support of the PeopleForce platform and is responsible to the Client for the actions of such Third Parties as for its own. In the case of involvement of Third Parties, the Service Provider undertakes to conclude a Non-Disclosure Agreement and Data Processing Agreement with them before involving them in the support of the Platform.

4.6. The Service Provider reserves the right at any time to require the Client to confirm the Data specified during registration and to request relevant documents in this regard, the failure to provide which, at the discretion of the Service Provider, may be equated with providing false information and cause consequences , provided for in Clause 5.2 of this Agreement.


5. Rights and obligations of the client

5.1. The Client has the right to the appropriate level of services provided and to receive sufficient and timely technical support regarding the operation of the Platform.

5.2. When concluding this Agreement, the Client is obliged to provide the Service Provider with truthful information about his/herself/administrator/users, his/her business activities and other information that may be required by the Service Provider. In case of providing false information, the Service Provider reserves the right to terminate the Client's access to the Platform at any time.

5.3. The Client is obliged not to use the Platform for a purpose other than carrying out his legitimate economic activity.

5.4. The Client is responsible for saving his password, login, other access identifiers to the platform, confidential information and personal data entered into the Platform.

5.5. The Client may not provide access to the Platform to other persons who are not involved in the Client's business activities.

5.6. The Client is obliged not to use the program code or any part of it in any way other than what is provided for in this Agreement, not to disclose or use algorithms or any other intellectual property objects that are part of the Platform, not change the interface of the Platform, modify the Platform, do not publish or copy the code or its part, objects of intellectual property that are parts of the Platform.

5.7. Before starting to use the Platform, the Client is obliged to familiarize his/herself with this Agreement, other rules for using the Platform, the Privacy Policy, technical limitations of the Platform, and familiarize all persons involved in using the Platform with the specified resources.

5.8. This Agreement does not give the Client any right to use any trademarks, logos, domain names and other objects of exclusive rights used by the Service Provider during the provision of Platform use services. The Client undertakes to use the Platform in such a way as not to disseminate information that is untrue and may cause a false impression of the Service Provider or the services and products provided by him.

5.9. The Client has the right to a refund of the paid funds within 1 (one) calendar month, in case the Client refuses the services due to the impossibility of receiving the services due to the fault of the Provider, namely the lack of access to the Platform (its modules) for more than 72 hours in a row. Also, the Client has the right to demand free of charge elimination of deficiencies in the process of providing the service in case of non-compliance of the provided service with its description.


6. Indemnity and limitation of liability

6.1. The Service Provider is not responsible to the Customer for any damages, any loss of income, profit, information or savings related to the use or inability to use the Platform, including in the case of prior notification by the Customer about the possibility of such damages, or any third party claim.

6.2. The Service Provider is released from responsibility for non-performance or improper performance of this Agreement, if this occurred as a result of external circumstances and/or actions (inaction) of the Client, and if such circumstances are beyond the control and/or through no fault of the Service Provider.

6.3. This Agreement is governed by the laws of England and Wales. Violation of the terms of this Agreement shall result in liability provided for by the legislation of England and Wales.


7. Technical support

7.1. The Service Provider provides Technical Support to the Client, and such Technical Support is included in the subscription amount of this Agreement on matters related to the installation, configuration of the Platform, importing files, etc., provides appropriate instructions to the Client, including the possibility of consultation in the chat of the Client’s profile with managers (PeopleChat with Support and QA managers) within 1 (one) calendar month for effective configuration of the Platform, and also provides the Customer with the opportunity to contact the Provider's Technical Support service during the entire period of use of the Platform.

7.2. In order to provide Technical Support, the Service Provider has the right to request from the Client the provision of information related to account data, technical characteristics of the equipment.

7.3. Other terms and conditions of technical support, in particular regarding the service level, are defined in the Service Level Agreement, which is available on the Service Provider's website. 


8. Confidentiality 

8.1    Each Party hereby warrants and undertakes to the other Party that it shall keep the Confidential Information secret and confidential and shall not, directly or indirectly, use, exploit or disclose the Confidential Information to third parties, except where expressly permitted by this Agreement.

8.2    No restriction applies in connection to Confidential Information: 

(a)    which was already known to the recipient Party prior to it its communication by the disclosing Party;

(b)    is or becomes in the public domain except by reason of breach of this Agreement by the recipient Party; or

(c)    to the extend disclosure is required by applicable law, an order of any court of competent jurisdiction or any regulatory, judicial, governmental or similar body of competent jurisdiction, provided that the recipient Party shall, to the extent permitted by applicable law, give the disclosing  Party as much notice of such disclosure as possible.

 

9. Information and security and data protection 

9.1. The Service Provider has an international certificate ISO/IEC 27001, which is a guarantee that the Service Provider complies with the standards of the Information Security Management System (ISMS).

9.2. Also, the Service Provider complies with Data Protection Legislation, as indicated in the terminology section under the term “Data Protection Legislation”.

9.3. For the purposes of this Agreement, the Customer shall be deemed the Data Controller and the Service Provider shall be deemed the Data Processor. In light of the relationship between the Parties, the Parties to this Agreement agree to enter into the Data Processing Agreement published on the Service Provider's website by accepting all its terms and conditions by the Client. 


10. Term and termination

10.1. This Agreement begins from the moment of its signing and may be terminated unilaterally by the Service Provider in case of gross violation of the terms of this Agreement by the Client/User, or in case of systematic (more than 2 times) delay in payment for services from the Client, or in case of impossibility of further provision of the service.

10.2. In the event of the impossibility of further provision of the service, the Service Provider is obliged to notify the Client in writing of the intention to terminate this Agreement, within a reasonable time, but no later than 1 (one) calendar month before the date of such termination, and at the request of the client  to take all possible actions to transfer to the Client information that contained in the Client's account.

10.3. In case of termination of this Agreement by the Client, due to the impossibility of using the basic functionality of the Platform (as described in the Service Level Agreement and published on the website) for more than 24 hours in a row, the Service Provider shall refund to the User the overpaid funds for the unused period of use of the Platform (its modules), within one month from the date of termination of the Agreement.

10.4. The Client may terminate this Agreement unilaterally by deleting the account and deleting the content by notifying the Service Provider in writing in advance and within a reasonable period of time. In this case, the funds paid for future periods of use will not be returned to the Client.

10.5. The Service Provider has the right to delete all information in the Client's account 90 calendar days after the termination of the service or within another period upon separate request of the Client.


11. Miscellaneous

11.1 Assignment: Neither Party may assign , transfer any or all of its rights or obligations under this Agreement except as expressly permitted herein or with the prior written consent of the other Party.

11.2. Notices: All notices, requests, demands and other notices under this Agreement must be made in writing in English and carried out by the Parties by email or by concluding a separate agreement.