THE CONTRACT AND THE PARTIES – TERMS AND CONDITIONS OF THE SERVICE

Last modified date: 25/05/2018

1. PREMISES

  1. These general contract conditions govern the Free Trial and/or the Purchase and/or the Use of the services purchased by the Customer from 4HSE. By selecting (or ticking) the appropriate acceptance checkbox and/or completing and signing the order form that references this contract, the Customer declares (i) to have received a copy of the general contract conditions set out below (hereinafter also T&C) and/or to have downloaded them from the 4HSE website, (ii) to have read and understood their content, and (iii) to accept their content in its entirety.
  2. If the Customer is a legal entity other than a natural person, the signatory and/or undersigned of this contract certifies and guarantees that he/she has all the necessary powers and authority to bind such entity and its affiliates to these terms and conditions, assuming all consequent and broader responsibility in the event of any declaration not corresponding to reality.
  3. The website and the online software associated with the Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws. 4HSE does not allow the activation and/or use of its services for the purpose of monitoring and/or copying and/or testing the services provided by 4HSE, or comparative analyses not commissioned by 4HSE itself. Therefore, 4HSE reserves the right to suspend the provision of the service and access to its products whenever there is even a suspicion that such a situation may occur.
  4. 4HSE may modify and/or update its T&C from time to time without notice or acceptance by the Customer1. In the case of contracts that provide for automatic renewal, such modifications will become effective only starting from the first automatic renewal following the change, made in sufficient time to allow the Customer to cancel within the contractually provided terms. The Customer undertakes to check for any changes to the T&C in time to possibly terminate them within the contractually provided terms.

2. DEFINITIONS

For the purposes and effects of this contract, the following definitions apply:

  • T&C: terms and conditions of the services provided by 4HSE to the customer

4HSE: 4HSE Srl with registered office in San Martino Buon Albergo (VR), Viale del Lavoro 45 – Italy. VAT no. 04451130233

Customer: the contracting party of the 4HSE services

SaaS (Software As A Service): means Software As A Service, an application software distribution model based on client-server technology and entirely web-based, i.e., that does not require any additional software or hardware component to be installed, beyond an Internet connection and a web browser, for the implicit operation of the “SaaS” application

“Cloud”: a set of technologies that allow, typically in the form of a service offered to the customer, the storage/archiving and/or processing of data through the use of hardware/software resources distributed and virtualized on the Internet

“4HSE”: means the proprietary product, developed and maintained by 4HSE Srl, which is the subject of these Terms and Conditions of Service. 4HSE SaaS is a platform for occupational health and safety management. 4HSE SaaS is based on exclusive online operation, through a web browser installed on a modern digital device (such as PCs, Apple devices compatible with web browsers, Smartphones).

“Trial”: means the trial period of the 4HSE SaaS product, having a maximum predetermined duration set by 4HSE

“Active employees”: means the employees registered in the project

“Subscriptions, plans”: means 4HSE SaaS subscription plans

“Project”: means the single safety project associated with the customer

“User plans”: means subscription packages based on the number of active users

“Services”: means 4HSE SaaS products and/or services commissioned by the Customer through the activation of a 4HSE SaaS trial, or through a dedicated order form

“Customer Data”: means data in digital format and information provided by the customer for the purchase and/or operation of the 4HSE SaaS service

“Customer Content”: means the digital content owned by the customer who uses 4HSE SaaS services, and that the customer uses, creates, or reuses within 4HSE SaaS

“Documentation”: means 4HSE’s documentation in terms of online user manuals, technical support documentation, and training materials for the customer on 4HSE products provided by 4HSE staff, available on the website www.4hse.com, service.4hse.com, support.4hse.com and, in general, on all sites owned by 4HSE.

“Self provisioning”: means the self-service mode of activating the 4HSE SaaS service

“Pro-rata”: means a proportional fee (rate) recalculated on the basis of a 12-month period (365 days) or a one-month period (31 days) in the event of an upward change in a subscription plan.

“SLA”: means Service Level Agreement, i.e., the specification of the service levels that 4HSE guarantees to its paying customers regarding the availability of the 4HSE SaaS service.

3. SERVICE REGISTRATION

  1. In order to use the Services, the Customer must have a valid 4HSE account, obtainable by registering on the website www.4hse.com by completing the registration form and providing all required information, including a valid email address (“Registration Data”). The Customer may then choose a name for their “Project”.
  2. Users are responsible for maintaining the confidentiality of their account access data (username/password) and are fully responsible for all activities that occur under their account.
  3. The user agrees to: (a) provide truthful, accurate, up-to-date, and complete information about themselves as required by the Service registration form, (b) promptly and continually update the Registration Data to maintain it true, accurate, up-to-date, and complete, (c) immediately inform 4HSE of any unauthorized use of their account or any other security breach, and (d) log out of their account at the end of each work session.
  4. 4HSE assumes no obligation to verify the data provided by the Customer. However, if 4HSE ascertains or even suspects that the information provided is false, inaccurate, not current, or incomplete, 4HSE may suspend or close the account and refuse any and all current or future use of the Services (or part thereof).
  5. 4HSE cannot and will not be liable for any loss or damage resulting from failure to comply with this section.

4. 4HSE SERVICES TRIAL PERIOD (TRIAL)

  1. To allow the Customer to evaluate the services offered by 4HSE, 4HSE may authorize, for all or some of its products, the activation of a free trial account (Trial) only once and for a limited period of time (specified on the website www.4hse.com or affiliated pages), during which the Customer may:
  • Import and manage users without any limitations
  • Import and manage employees without any limitations
  • Manage risk sources, risks, PPE, and anything else provided by the 4HSE service
  • Submit technical support requests through the appropriate contact panel within the 4HSE platform or via email

In the event of activating multiple Trial versions by the same Customer or user (individual or organization), 4HSE reserves the right to terminate access to all activations subsequent to the first and to delete all data registered therein. 4HSE reserves, on a case-by-case basis and at its sole discretion, the right to extend the trial period for the user. 4HSE also reserves the right to delete data from inactive trials. If, by the end of the trial period, the Customer does not purchase one or more 4HSE products, the data, information, and content uploaded by the Customer in 4HSE SaaS, as well as any configuration made to the 4HSE SaaS Project during that period, will be deleted and permanently lost. 4HSE recommends users of the trial version to make use of the documentation and online manuals provided before purchasing the platform.

5. PURCHASE PROCESS OF PAID SERVICES

  1. Regardless of it, i.e., during, at the end, or after the trial period, it is possible to purchase one of the user plans offered by 4HSE for the 4HSE SaaS product. Purchasing a plan converts the free version project into a paid project. The purchasable plans are based on the concept of a maximum number of active employees per plan during the contract period, whether monthly or annually. The features of the various employee plans can be consulted on the website www.4HSE.com or within the platform itself, in the menu dedicated to the acquisition of paid plans.

Payment can be made by credit card, for monthly or annual plans, or by bank transfer, exclusively for annual or multi-year plans.

Payment by bank transfer is only allowed for annual plans. The paid plan will be activated, and the related tax documents issued only after the payment has been received.

Unless excluded under the following art. 7, the Contract will be deemed renewed each time for an equivalent period (30 days or 365 days), with payment of the related amount in the same manner defined at activation.

6. TOTAL OR PARTIAL NON-PAYMENT

  1. In case of non-payment or late full payment, 4HSE may immediately deactivate, in whole and/or in part and without notice, the Services related to outstanding or late payments. In particular, payments are considered outstanding or late:
  • by credit card, if the payment procedure is not completed or if the transaction is suspended or declined;
  • by bank transfer, if the amount is not credited to 4HSE’s bank account.

If the non-payment persists for more than 15 days from its due date, the contract will be rightfully terminated, and the services will be deactivated.

In the case of multiple contracts in force with the same Customer, where the outstanding payment concerns one or some of these agreements, 4HSE may at its discretion suspend or terminate for non-compliance also all other supply contracts different from the one subject to non-payment, disabling the purchased services and/or not delivering works already initiated, and retaining any sums already collected as definitive compensation for damages, without prejudice to the right to claim further damages.

7. TERMINATION METHODS OF PAID PLANS

  1. Customers can deactivate the automatic renewal of the contract and the related payment plan active on their platform at any time. The management of automatic renewal is exclusively automated through the 4HSE platform, and it is the sole responsibility of the Customer, who will be solely responsible for enabling and/or disabling this option.

In particular, the automatic renewal deactivation is done by accessing, with the credentials of a user with administrative rights in 4HSE SaaS, the billing area and selecting the corresponding function that allows the termination of the active payment plan. The termination decided by the Customer and executed through the 4HSE platform is immediately processed by the system automatically.

In the case of a contract paid by credit card, the deactivation will become effective at the expiration of the current contract period, during which the Customer will maintain the right to access 4HSE SaaS.

For bank transfers or others, the termination must be communicated to 4HSE at least 60 days before the contract expires. Otherwise, it will be tacitly renewed for the following year. The incorrect management of the automatic renewal option by the Customer excludes the right to a refund of charges made by 4HSE.

8. USE OF SERVICES, 4HSE’S RESPONSIBILITIES

  1. Within the scope of the paid contractual relationship (thus excluding the trial version), 4HSE is required to:
  • Provide support through the ticket system for the Services purchased by the customer, at no additional cost and according to the specifications in the following section 12
  • Use commercially reasonable efforts to make the Service purchased by the Customer available 24 hours a day, 7 days a week, except for: (a) scheduled maintenance interventions, (b) urgent and unforeseeable security updates, or (c) causes beyond 4HSE’s direct control; (d) force majeure events beyond the control of 4HSE, including government actions, natural events, floods, fires, civil unrest, acts of terrorism, strikes, or other protests involving or not our employees.
  • Deliver the purchased Services in accordance with the applicable laws and current government provisions.

4HSE will not be responsible, even partially, for any difficulty, defect, anomaly, discontinuity, inability to access and/or use 4HSE services derived from and/or in any way connected to the Customer’s hardware and software equipment or its Internet connection, or to actions and/or behaviors of the Customer (or one or more of its users) that prove improper, harmful, or illegal (including copyright violations), whether domestic or international.

Except in cases of willful misconduct and gross negligence, 4HSE shall not be liable to the Customer, who therefore releases it from any responsibility, for any malfunction connected and/or related to the Services offered and/or used by the Customer. In any case, any damages compensation shall not exceed an amount equal to the fee paid by the Customer and collected by 4HSE for the Service, an amount which is understood to include all ancillary expenses (legal, administrative, arbitration fees, etc.).

9. DATA PROTECTION

4HSE undertakes administrative, physical, and technical measures to ensure the security, confidentiality, and integrity of the Customer’s Data and will not modify it unless explicitly requested in writing by the Customer. Furthermore, 4HSE undertakes, as far as possible, not to access the Customer’s Data, except to the extent required for the proper provision of the purchased Services, including actions aimed at preventing technical problems (upon request and, for example, related to technical support issues).

10. USE OF SERVICES – CUSTOMER’S RESPONSIBILITIES

  1. The Customer guarantees:
  • compliance with this Agreement by its users;
  • the accuracy, quality, and legality of the Data provided and the manner in which this Data is made available by the customer to 4HSE both on the platform and in interactions with 4HSE staff. In particular, the Customer assumes full responsibility for the accuracy and truthfulness of the data communicated to 4HSE and ensures that all information provided, such as any text, graphics, data, images, sounds, is lawfully available to them and does not infringe any copyright, trademark, patent, or other third-party rights derived from law, contract, or custom. The Customer therefore undertakes to indemnify 4HSE for any claim for indemnity and/or compensation made by third parties as a result of the publication of the aforementioned materials.

The Customer undertakes:

  • to prevent unauthorized access/use of the Service and to immediately notify 4HSE of any unauthorized access/use;
  • to use 4HSE Services in compliance with the directives issued by 4HSE, and in any case in a manner compliant with applicable laws and regulations;
  • to make 4HSE services available only to users under its own responsibility;
  • not to use 4HSE Services to store, process, or transmit material illegally and/or illicitly (software or any other potentially dangerous, viral, harmful element) or to disseminate material that violates third-party privacy/copyright, or any other type of material deemed inappropriate by 4HSE;
  • not to use 4HSE Services to store, process, or transmit malicious code;
  • not to interfere with or undermine the integrity and performance of the services or the data of third parties contained in such services;
  • not to gain unauthorized access to the Services or to systems and networks connected to them.

The Customer is expressly prohibited from transferring to third parties, in whole or in part, the rights arising from this contract without the prior written consent of 4HSE, under penalty of ineffectiveness.

11. PRICES

  1. The prices applied by 4HSE for its services are those in effect at the time of subscription; in the event of renewal, including automatic renewal, the price applied shall be that in effect at the time of renewal.
  2. Prices and billing policies are subject to change at any time at 4HSE’s sole discretion.
  3. An updated version of the price list is and will be available on the website www.4hse.com, which the customer undertakes to consult before purchase and before each contract renewal. Therefore, the occurred renewal of the contract implies automatic acceptance of any new applied price.
  4. Any fee mentioned in this Contract shall be understood as net of VAT and any other applicable taxes.
  5. The Customer’s failure to use purchased Services does not result in any obligation for 4HSE to refund/credit the price.
  6. Any travel expenses incurred by 4HSE for the execution of the contract (e.g., plane tickets, parking, accommodation, motorway tolls, and similar expenses) are not included in the price and will be invoiced based on actual costs incurred, relying on the sum of provided receipts, and shall not exceed the daily maximum limits established by the Customer and specified in the Offer.

12. 4HSE SUPPORT PRODUCTS AND SERVICE LEVELS

  1. The different types of technical support provided by 4HSE and the related response times are those indicated in the attached table A.
  2. The Customer acknowledges that the use of the purchased service is guaranteed by 4HSE provided that the Customer communicates with 4HSE, even for problem resolution, via the 4HSE helpdesk (through the opening of a ticket) accessible from the 4HSE platform and/or from the help desk area of the website support.4hse.com
  3. The Customer acknowledges that the purchased services may undergo bug fixing processes, software updates, or present minor features updates, new apps, and new modules. Where this does not involve a service downtime (regardless of whether, due to unforeseen circumstances, it occurs), 4HSE will not be obliged to give any notice to the Customer. If, however, major upgrades or function additions or interventions to the cloud or network infrastructure that require temporary service downtime are carried out, 4HSE will give Customers 24 hours’ notice via the 4hse newsletter system.
  4. For unplanned maintenance and service downtime, refer to the SLA, Help Desk, and Support table attached as Appendix A.
  5. Technical support interventions by 4HSE will be provided in the manner and terms specified in Table A attached.

13. USE OF LOGOS, CASE HISTORIES, AND SCREENSHOTS

  1. The Customer authorizes 4HSE to include in its portfolio (brochures, technical documentation, websites) the CLIENT’s reference (logo, CLIENT’s name, case history, and screenshots) relating to the project carried out.
  2. 4HSE is permitted to include in its client portfolio also projects carried out under subcontracting; in this case, through the signature of this contract, the Customer guarantees to 4HSE (releasing it from any liability arising from the publication) that it has obtained from the original client authorization for the publication of names and logos in the 4HSE client portfolio (websites, brochures, commercial materials …​).

14. PRIVACY

See the relevant policy: Privacy policy

15. APPLICABLE LAW AND DISPUTES

  1. This Contract is governed and regulated by Italian law.
  2. Any dispute between the parties regarding this contract shall first be referred to the conciliation body at the Chamber of Commerce of Verona. In the event of a negative outcome of the conciliation attempt, any dispute relating to the application, execution, interpretation, and violation of the Contract is subject to Italian jurisdiction and reserved to the exclusive competence of the Court of Verona.

Appendix A: Help Desk and Support

  • Taking Charge: Recording the incident, assigning a ticket number to the customer, and saving the request in the help desk system.

First Response – By Telephone Follow-Up: First telephone interaction with the customer aimed at diagnosing the reported problem and attempting to resolve it, followed up by a ticket response (If the customer does not answer the phone call, this will be recorded in the ticket).

First Response – By Ticket: First interaction with the customer via a ticket, aimed at diagnosing the reported problem

ETA: Communication to the customer regarding the estimated time to resolve the problem (The customer will be updated if the ETA changes)

Fixed: Communication to the customer regarding the problem resolution (Final message of the process)

Notes

  • [1] The ETA will only be met if the customer provides all the necessary elements to enable a correct diagnosis of the problem and a correct ETA estimation