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.
This Agreement establishes the procedure and determines the conditions for the Client to get permission to access and use the Platform, and the Client, subject to absolute and full acceptance of all the terms of this Agreement and its Annexes, accepts this Agreement in the order specified in this Agreement, which indicates the Client's full consent to be bound by 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.
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.
Company Policies - Policies, Rules, other documents containing the terms and conditions for granting access and use (restriction of use) of the Platform and its modules, which are accessed through the Platform website https://peopleforce.io/ and which are mandatory for acceptance by the Client, Users, all persons without exception who have access to the Platform and which are considered an integral part of this 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 or Client’s affiliate company, who is involved in the Client's economic activity on the basis of an employment or other civil law contracts, or any other legal basis, 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.
Affiliate (company) of the Client - in relation to the Client, it means any subsidiary or holding company of the Client, branch or representative office, any subsidiary of the holding company of the Client, its branch or representative office, and any company, trust or other legal entity under the same, direct or indirect, control of the Client.
The Parties of the Agreement - means the Service Provider and the Client.
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, and 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, for the purpose of usage and adaptation of the Service Provider’s product Peopleforce virtual Platform, 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 installation, configuration of the Platform, file import, etc., including relevant instructions, including the possibility of consulting in the chat of the Client's profile (PeopleChat) with the Support Manager within 1 (one) calendar month from the moment of connection to the Platform. As well as providing the Client with the opportunity to contact the Service Provider's technical support service throughout the entire period of use of the Platform, in accordance with the terms of the Service Level Agreement published on the Service Provider's website at https://peopleforce.io/service-level-agreement.
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 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, and which is implemented and maintained by the Service Provider.
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.
2.1. The Service Fee 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 Services Fee can not be changed by the Service Provider unilaterally for paid services and during the first calendar year of use of the Platform. The Services Fee starting from the second year may be changed by the Service Provider unilaterally.
In this case, the Service Provider shall publish the relevant information on the website in advance and within a reasonable time before the new service prices come into force.
2.4. The price of the Agreement is set according to the number of the Users connected to the Platform, and will change according to the increase in the number of such Users according to the prices indicated 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 current account of the Service Provider.
The Service Provider does not collect and, accordingly, does not store the Client's banking data.
2.6. Obligatory fees, charges, duties, etc. payments arising from the implementation of this agreement in the territory of Great Britain are borne by the Service Provider, in other countries - by the Client.
All bank charges for transferring money to the bank of the Service Provider are made at the expense of the Service Provider, and in the bank of the Client and in the correspondent banks - at the expense of the Client.
2.7. At the request of the Client and by mutual agreement, the Service Provider may provide additional services, such as (change of functional features of the Platform, change of interface, etc.), but in any case such changes may not impair the quality of services. The price and scope of such services and other terms and conditions of their provision shall be agreed by the Parties separately in writing by entering into a separate Agreement.
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 shall be responsible for the protection of passwords, usernames, other access identifiers to the Platform, actions of Administrators/Users when using the Platform, including responsibility for the safety of confidential information and personal data (except for the responsibility for the security of their storage) entered by the Client/Users to 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. Within one business day from the date of receipt of the payment specified in clause 2.1. of this Agreement to the Service Provider's banking account, the Service Provider shall provide the Client with access to the Platform.
The Service Provider is obliged to provide the Client with the Platform with the functionality as described on the website https://peopleforce.io/.
3.12. 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.
All scheduled technical works will be conducted by the Service Provider during the period of the lowest load of the Platform.
3.13. 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 of its modules that were available at the time of providing access to them.
3.14. The Service Provider shall have the right to unilaterally change the interface of the Platform (its modules), expand and upgrade the configuration and functionality of the Platform, without deteriorating the quality and reducing the scope of services already provided.
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 in case of force majeure 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.
4.4. 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.
5.1. The Client shall be entitled for the proper level of services provided and to receive sufficient and timely technical support of the Platform’s operation.
5.2. Upon entering into this Agreement, the Client shall provide the Service Provider with true information about themselves, their business activities and, if reasonably necessary, information about the Users (whose data is entered by the Client into the Platform). In case of providing false information that may lead to violation of the terms of this Agreement and/or damage to the Service Provider, the latter reserves the right to terminate the Client's/Users' access to the Platform at any time with timely written notice to the Client.
5.3. The Client is obliged not to use the Platform for any purpose other than the performance of its legitimate business activities.
5.4. The Client shall be responsible for the safety of their own passwords, logins, other access identifiers to the Platform, as well as passwords, logins, other access identifiers to the Platform of the Users, including responsibility for the safety of confidential information and personal data (excluding responsibility for the security of their storage) entered by the Client/Users to the Platform.
5.5. 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, not to modify the Platform, do not publish or copy the code or its part, objects of intellectual property that are parts of the Platform.
5.6. Before starting to use the Platform, the Client shall be obliged to read this Agreement, to read and accept the terms and conditions of all Policies (rules) of the Service Provider published on the company's website (https://peopleforce.io/), and to ensure that all persons who will (have access to) use the Platform are familiar with them.
5.7. 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.
5.8. The Client has the right to early terminate this Agreement and to refund the paid funds within 1 (one) calendar month in case of impossibility to receive the service (impossibility to access the Platform) due to the fault of the Service Provider for more than 24 (twenty-four) consecutive hours (except for the case of force majeure), as well as on demand to eliminate the shortcomings in the process of providing the service free of charge in case of non-compliance of the provided service and its description.
6.1. The Service Provider is not responsible to the Client 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 Client about the possibility of such damages, or any third party claim.
6.2. The Parties shall be liable for breach of confidentiality in accordance with the terms of this Agreement.
The Service Provider shall be liable to the Client for compliance with the data processing security conditions, in particular, for the safe storage of the Client's and its Users' data stored in the Service Provider's system (subject to the limitation of liability specified in clause 9.4 hereof) during the term of this Agreement and for providing access to the Platform (its modules) to the Client.
6.3. The Service Provider is released from responsibility for non-performance or improper performance of this Agreement, if this occurred as a result of force majeure 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.
6.4. 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.
7.1. The Service Provider provides Technical Support to the Client, and such Technical Support is included in the Service Fee 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) within 1 (one) calendar month for effective configuration of the Platform, and also provides the Client with the opportunity to contact the Provider's Technical Support service during the entire period of use of the Platform in accordance with the terms and conditions specified in the Service Level Agreement posted on the Service Provider's website: https://peopleforce.io/service-level-agreement.
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 https://peopleforce.io/service-level-agreement.
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, and the Parties shall take all possible measures to ensure that such information is not disclosed to any third parties.
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.
8.3. In case of unauthorized disclosure by either Party of the Confidential Information of the other Party, the Party disclosing the information shall immediately inform the other Party on the respective disclosure of Confidential Information in written form and assist the other Party in restricting of the resulting violation of its rights. The Party disclosing the information shall cooperate with the other Party in case of any claims against the third parties for unauthorized use of the respective information.
Both Parties shall acknowledge that unauthorized disclosure, use or disposal, whether actual or threatened, of any Confidential Information would cause irreparable harm, loss of business and significant injury to the Disclosing Party.
Both Parties shall agree, therefore, that the Disclosing Party shall be entitled, notwithstanding the fact that such Party has claimed any other requirements, to apply to the court for obtaining the judgment or an order on termination of any breach, threatened breach or attempted breach of this Agreement, in addition to any other remedies stipulated by applicable legislation.
9.1. The Service Provider confirms that it has put in place and maintains appropriate technical and organisational security measures to protect Personal Data in its possession or custody from unlawful and unauthorised use or disclosure, and to ensure secure processing of such data in conformity with applicable privacy laws. 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 Client shall be deemed the Data Controller and the Service Provider shall be deemed the Data Processor. Taking into account the relationship between the Parties, the Client accepts all the terms and conditions of the Personal Data Processing Agreement posted on the Service Provider's website https://peopleforce.io/data-processing-agreement.
9.4. Since the Client uploads Personal Data to the Service Provider's systems by himself/herself when using the Platform, the Parties have agreed, in particular, on certain limitations of the Service Provider's liability as a Data Processor, namely:
(i) The Controller shall submit his/her Personal Data, and the Data Processor shall collect the Controller's Personal Data as a personal data subject solely for the purpose of providing access to the Platform (its modules), in particular, such data as the full name of the company, registration data, e-mail address, other data required for registration;
(ii) After providing the Controller with access to the Platform, the Controller independently and at its sole discretion collects and uploads the Users' Personal Data to the Data Processor's systems; in this case, the Data Processor does not collect such Personal Data, but only stores it, and therefore is not responsible for its reliability, accuracy, legality, legitimacy, legal method of collection, etc.
(iii) The Controller shall be fully responsible to the Personal Data Subjects whose data it independently collects and uploads to the Processor's systems, including Personal Data received from systems that integrate with the Platform, namely for their legality, accuracy, reliability, lawfulness, legal method of collection, etc.
10.1. This Agreement shall come into force from the moment of its acceptance, as specified in the terms of the Agreement, 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 delay in payment for services from the Client for more than 14 calendar days, 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 of the intention to terminate this Agreement, within a reasonable time, not earlier than 14 calendar days before the date of such termination.
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 Client 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 not earlier than 14 calendar days prior to such termination. In this case, the funds paid for future periods of use will not be returned to the Client.
10.5. All information in the Customer's account is stored during 90 calendar days. The Service Provider has the right to delete all information in the Customer's account in 90 calendar days after the termination of access to the Platform (service provision), or earlier on the basis of a written request from the Customer. Also, the Customer can independently delete the account data before the Service Provider terminates access to the Platform or after the termination of access by sending a corresponding request to the Service Provider with a request to grant him access in order to delete all data from his account.
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.