Last updated May 2018

Self-Service - Terms of Use

Definitions
  • "OFFICIENT": A limited company registered under the laws of Belgium, with its registered office at 9000 Gent, Kortrijksesteenweg 181, VAT BE-0680.822.709, RPR/RPM Gent, division Gent.
  • "Customer": Your employer, being a legal person who has entered into an agreement with OFFICIENT with regard to the Services in order to make them available to you.
  • "Employee Account": A personal login to the employee self-service that allows you as User to access and use the Services. The Employee Account can either give the right: to upload information about yourself; in case the user is a manager, to upload information about people on their team.
  • "Services": The services OFFICIENT offers through an online HR-SaaS-platform consisting of (amongst others) the employee self-service.
  • "Users": You as an employee of the Customer or as third party designated by the Customer who makes use of the Services.

Scope
The use of the Services is governed by (in descending hierarchical order): (i) these terms of service and (ii) Belgian law.

By using the Services you acknowledge to have read these terms of service and hereby accept them. The terms of Use always take precedence over your terms and conditions, even if they stipulate that they are the only valid conditions.

Accounts
You shall be granted one or more Employee Accounts according to the Customer its own discretion. The Customer will inform you about the functionalities and restrictions of your Employee Account as well as about the provisions of these terms of use.

In case you do not adhere to the terms of use, the Customer shall cease and sanction your improper or unauthorized use of the Services.

You are (in consultation with the Customer) solely responsible for taking the appropriate security measures to guarantee the security of the Accounts. We advise you to create a unique password, to change it frequently and to use two-factor authentication.

The Accounts are non-exclusive and non-transferable.

Performance of the Services
OFFICIENT shall have the right to perform maintenance activities and updates on a regular basis. OFFICIENT undertakes to minimize the impact of such maintenance/ updates on the use of the Services but does not give any guarantees concerning downtime in this respect. If seen fit, OFFICIENT may inform the Customer about such maintenance activities or updates.

Issues with performance of the Services nor maintenance/ updates shall entitle you to any compensation with regard thereto.


Use of the Services
You acknowledge that the Services shall only be used for internal business/HR purposes and in compliance with all applicable laws and regulations relating thereto. The Services shall not be used in any way other than explicitly allowed under these terms of service.

In particular, you agree not to (without being limitative):

  • Ask for the login-data of other Users;
  • Login to the Account of other Users/ hack the Account of other Users;
  • Sell, resell, license, sublicense, rent, lease or distribute the Services to any third party;
  • Copy, modify, adapt, alter, translate or make derivative works based upon the Services (other than any copies, modifications or derivative works made exclusively from the input/ reports/ overviews which are created solely for Customer's internal business purpose);
  • Use computer technology that may damage, interfere with, overloads or expropriates the Services including viruses, Trojan horses, worms, time bombs, or cancel bots. Customers should also refrain from any content that may burden or disturb the Services infrastructure and its proper functioning;
  • Access the Services without permission, including attempting to probe, scan or test the vulnerability of the Services or to breach any security or authentication measures used by the Services
  • Engage in, nor authorize others to engage in reverse engineering, disassembly or decompilation of the Services;
  • Remove or alter the respective copyright indications;
  • Send unsolicited and/or commercial messages, such as junk mail, spam and chain letters;
  • Use the Services (nor encourage, promote, facilitate or instruct others to use the Services) for the transmission of data which is illegal, defamatory, obscene, misleading, offensive, invasive of any person's privacy, abusive, threatening, harmful, infringing someone's intellectual property or otherwise objectionable, nor use the Services for illegal/ unlawful/ harmfull purposes in general.

Suspension

Officient reserves the right to suspend one or more Accounts in case:

• Your use of the Services pose a security risk to Officient, the Services, the Customers, the Users or any third party;
• You fail to comply with any of the provisions of these terms of service.
• Suspension of the Accounts shall not entitle you to any compensation relating thereto whatsoever.

Helpdesk
If the Customer is in need of assistance or has an enquiry with respect to the Services, it can appeal on the helpdesk and the online knowledge base.

The helpdesk is available through email via support@officient.io.

Liability
The Services are provided by OFFICIENT on an "as is" basis (to the maximum extent permitted by law. The intended use of the Services by the Customer is determined under its full responsibility and at its own risk. OFFICIENT cannot be held liable in any way for non-compliance of the Services with this intended use, nor for any direct or indirect damage resulting from this intended use.

In case you provide OFFICIENT (through the Services) with your passwords/ logins or any other confidential information to any third party service, you do so at your own discretion and OFFICIENT will not under any circumstance be liable for the receipt thereof.

You acknowledge that OFFICIENT's liability can only be invoked by the Customer directly and not by any third party such as yourself.

Intellectual rights
OFFICIENT is and remains the sole owner of all copyrights and other intellectual property rights with respect to the Services, software and all documents, advises, reports, slides, drawings and pictures provided to you during the performance of the Services.

Consequently, the Employee Accounts imply the right to use the Services at a charge. No implied licenses shall be granted under this agreement. Under no circumstances such Employee Account:

  • Entails a transfer of ownership of the Services by OFFICIENT to you;
  • Grants you any rights to (use) the Services, trade names, brand name and/or trademarks of OFFICIENT;
  • Grants you the right to request OFFICIENT to deliver a copy of any source codes, software or other means utilized by OFFICIENT to provide the Services.
  • Without prejudice to your right or that of any third party to challenge the validity of any intellectual property of OFFICIENT, you shall not perform or authorize any third party to perform any act which would or might invalidate or be inconsistent with any intellectual property of OFFICIENT and shall not omit or authorize any third party to omit to do any act which, by its omission, would have that effect.
  • You undertake to notify OFFICIENT of any actual, threatened or suspected infringement of any intellectual property rights of OFFICIENT which comes to your notice, and of any claim by any third party due to use of the Services.

Privacy

You acknowledge that – with regard to the processing of your data – the Customer shall act as controller and OFFICIENT as processor. Consequently, the Customer determines the purpose and means of the data processing and shall bear all responsibility relating thereto (in accordance with the DPA as concluded between Officient and the Customer). If you should have any questions or remarks concerning your privacy, you should contact the Customer.

OFFICIENT reserves in any case the right to collect metadata from you as User. The collection of metadata has no privacy related consequences whatsoever and has the sole purpose of optimizing the Services and their usability.


Applicable law & jurisdiction
Belgian law shall apply.
Disputes are subject to the exclusive jurisdiction of the courts of the district where OFFICIENT has its registered office.