These general contractual conditions govern the Free Trial and/or Purchase and/or Use of the services purchased by the Customer from 4HSE. By selecting (or checking) the appropriate acceptance box and/or completing and signing the order form that refers to this contract, the Customer declares (i) to have received a copy of the below general contractual conditions (hereinafter also T&C) and/or to have downloaded a copy from the 4HSE website, (ii) to have read and understood its content, and (iii) to accept its content in its entirety.
If the Customer is a legal entity different from an individual, the declarant and/or signatory of this contract attests and guarantees to have 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 case of a declaration not conforming to reality.
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 purposes of monitoring and/or copying and/or testing the services made available 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 case occurs.
4HSE may modify and/or update its T&C from time to time without notice or acceptance by the Customer[1]. In the case of contracts that provide for tacit renewal, such changes will become effective only from the first tacit renewal following the modification made in time to allow the Customer to cancel within the contractually provided terms. The Customer undertakes to verify the existence of any changes to the T&C in time to possibly cancel it within the contractually provided terms.
2. DEFINITIONS
For the purposes and effects of this contract, the following terms are defined:
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
4HSE SaaS: means the proprietary product developed and maintained by 4HSE Srl, and subject to these Terms and Conditions of service. 4HSE SaaS is a workplace safety management platform. It operates exclusively online through a web browser installed on a latest-generation digital device (such as PCs, Apple devices compatible with web browsers, Smartphones).
Customer: the subscriber of 4HSE services
SaaS (Software As A Service): means Software As A Service, a distribution model of application software based on client-server technology and entirely web-based, which does not require, beyond an internet connection and a web browser, the installation of any additional software or hardware components for the implicit functioning of the “SaaS” application
Cloud: a set of technologies that allow, typically offered as a service to the customer, to store/archive and/or process data using distributed and virtualized hardware/software resources over the internet
Trial: means the trial period of the 4HSE SaaS product, which has a maximum duration established by 4HSE
Active Employees: means the employees registered in the project
Subscriptions, Plans: means 4HSE SaaS subscription plans
Project: intended as the individual safety project associated with the Customer
User Plans: means subscription packages based on 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: refers to digital content owned by the Customer that uses the 4HSE SaaS services and that the Customer uses, creates, or reuses within 4HSE SaaS
Documentation: means 4HSE documentation in terms of online user manuals, technical support documentation, and training materials for the Customer on 4HSE products made available by 4HSE staff, available on the website www.4hse.com, service.4hse.com, academy.4hse.com, and generally on all sites owned by 4HSE.
Self-Provisioning: intended as the self-service activation mode of the 4HSE SaaS service
Pro-rata: intended as a proportional quota (rate) recalculated based on a period of 12 months (365 days) or a period of one month (31 days) in case of an upward variation of 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. REGISTRATION TO THE SERVICES
To use the Services, the Customer must have a valid 4HSE SaaS account, obtainable by registering on the website www.4hse.com by filling out the registration form provided and supplying all the required information, including a valid email address (“Registration Data”). The Customer can then choose a name for their “Project”.
Users are responsible for maintaining the confidentiality of their account login data (username/password) and are fully responsible for all activities carried out on their account.
The user undertakes to:
a) provide truthful, accurate, up-to-date, and complete information about themselves as required by the Services registration form, and
b) promptly and continuously update the Registration Data to keep the information 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.
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, outdated, or incomplete, 4HSE may suspend or close the account and refuse any current or future use of the Services (or part of them).
4HSE cannot and will not be responsible for any loss or damage resulting from failure to comply with this section.
4. TRIAL PERIOD OF 4HSE SERVICES (TRIAL)
To allow the Customer to evaluate the services offered by 4HSE, it may authorize for all or some of its products the activation of a free trial account (Trial) only once and for a limited period (specified on the website www.4hse.com or affiliated pages), during which the Customer may:
Import and manage users without any limitation
Import and manage employees without any limitation
Import and manage material resources, risks, PPE, and any other features provided by the 4HSE service
Submit technical support requests through the appropriate contact panel within the 4HSE platform or via email
In case of activation of multiple Trial versions by the same Customer or user (individual or organization), 4HSE reserves the right to interrupt 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 to the user. 4HSE reserves the right to delete data from trials not activated. If the Customer does not purchase one or more 4HSE products within the trial period, the data, information, and content uploaded by the Customer in 4HSE SaaS and any configuration made to the 4HSE SaaS Project during that period will be deleted and permanently lost. 4HSE recommends that users using the trial version make use of the documentation tools and online manuals provided before purchasing the platform.
5. PURCHASE PROCESS OF PAID SERVICES
Regardless of this, i.e., during, at the end, or after the trial period, it is possible to purchase one of the user plans proposed by 4HSE for the 4HSE SaaS product. Purchasing a plan involves converting the project from a free version to a paid project. The purchasable plans are based on the concept of the maximum number of active employees for each plan during the contractual period, whether monthly or annual. The characteristics of the various employee plans can be consulted on the website www.4HSE.com or within the platform itself, in the menu dedicated to acquiring paid plans.
Payment can be made by credit card for plans with monthly or annual terms, or by bank transfer exclusively for plans with annual or multi-year terms.
Payment by bank transfer will only be allowed for annual plans. Activation of the paid plan and the issuance of related tax documents will occur only after receiving payment.
Unless excluded under Article 7 below, the Contract will be renewed each time for a period of equal duration (1 month or 1 year), with payment of the relative amount in the same manner defined at activation.
6. TOTAL OR PARTIAL NON-PAYMENT
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 unpaid or delayed payments. In particular, payments are considered unpaid or delayed if:
via credit card, in case of failure to complete the payment procedure or if the operation is suspended or rejected;
by bank transfer, the amount is not credited to 4HSE’s bank account.
The persistence of the unpaid amount for over 15 days from its due date will result in the automatic termination of the contract and the relative deactivation of the services.
In the case of multiple contracts in place with the same Customer, where the unpaid amount concerns one or some of these relationships, 4HSE shall have the right to suspend or terminate for non-compliance all other supply contracts different from the one subject to the unpaid amount, disabling the purchased services and/or not delivering works already started, and retaining any amounts already collected as final compensation for damages, without prejudice in any case to compensation for greater damage.
7. METHODS OF WITHDRAWAL FROM PAID PLANS
Customers can deactivate the automatic renewal of the contract and the related active payment plan on their platform at any time. The management of the automatic renewal is exclusively handled in an automated form through the 4HSE platform and is the sole responsibility of the Customer, who will be solely responsible for activating and/or deactivating this option.
In particular, deactivating the automatic renewal occurs by accessing with the credentials of the user with administrative rights in 4HSE SaaS within the billing area and choosing the corresponding function that allows terminating the active payment plan. Any termination decided by the Customer and executed through the 4HSE SaaS platform is immediately processed by the system automatically.
In the case of a contract with payment by credit card, deactivation will become effective upon the expiration of the validity period of the current contract, during which the Customer will maintain the right to access 4HSE SaaS.
In the case of bank transfer or other methods, the cancellation must reach 4HSE with a notice of no less than 60 days before the contract expiration. Otherwise, it will be tacitly renewed for the following year. Mismanagement of the automatic renewal option by the Customer excludes the right to reimbursement of charges made by 4HSE.
8. USE OF SERVICES, 4HSE’S RESPONSIBILITIES
Within the scope of the paid contractual relationship (thus excluding the trial version), 4HSE is obliged to:
provide support through the ticket system regarding the Services purchased by the Customer, without any additional cost and according to the specifications in point 12 below;
make 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,
c) causes beyond 4HSE’s direct control,
d) force majeure events beyond 4HSE’s control, including government actions, natural events, floods, fires, civil unrest, terrorist acts, strikes, or other labor problems involving our employees or not.
provide the Services purchased by the Customer in accordance with the laws in force and current government provisions.
4HSE will not be responsible, even partially, for any difficulties, defects, anomalies, discontinuities, inability to access and/or use 4HSE services derived from and/or connected to the Customer’s hardware and software equipment or their internet connection, or to actions and/or behaviors of the Customer (or one or more of their users) that prove improper, harmful, or against the law (including copyright violations), whether national or international.
Except in cases of willful misconduct and gross negligence, 4HSE will not be liable to the Customer, who thus releases it from all responsibility, for any service disruptions connected and/or related to the Services offered and/or used by the Customer. In any case, any type of damage compensation cannot exceed an amount equal to the fee paid by the Customer and collected by 4HSE for the Service, an amount to be understood as inclusive of all ancillary expenses (legal fees, stationery, arbitration chamber, etc.).
9. DATA PROTECTION
4HSE undertakes administrative, physical, and technical measures aimed at ensuring the security, confidentiality, and integrity of the Customer’s Data and not to modify them unless expressly requested in writing by the Customer. Furthermore, 4HSE commits, within the limits of its capabilities, not to access the Customer’s Data, except to the extent required for the correct provision of the Services purchased, including actions aimed at preventing technical problems (upon request and, for example, in conjunction with issues related to technical support).
All stored information is protected through server-side encryption, making it accessible only to authorized users. Our systems are designed to ensure Business Continuity and Disaster Recovery through the use of redundant servers located in different geographic regions and daily backups, thereby guaranteeing the integrity and availability of information even in the event of unexpected incidents.
10. USE OF SERVICES – CUSTOMER’S RESPONSIBILITIES
The Customer guarantees:
compliance with this Agreement by their users;
the accuracy, quality, and legality of the Data provided and the way in which these Data have been 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 texts, graphics, data, images, sounds, are in their legitimate availability and do not violate any copyright, trademark, patent, or other third-party rights deriving from law, contract, or custom. They therefore commit to indemnify 4HSE for any compensation and/or indemnity claims made by third parties as a result of the publication of the aforementioned materials.
The Customer undertakes:
to notify 4HSE (support[@]4hse.com) of any event that may compromise the security of information and data processed through the service. In particular, the Customer must promptly report the following events:
Loss, corruption, or compromise of information;
Unauthorized access to systems or data;
Incidents that may affect the confidentiality, integrity, or availability of information managed through the service.
The notification must include a detailed description of the event, the date and time it was detected, and any immediate measures taken to mitigate its effects. 4HSE reserves the right to adopt further measures to ensure the security of the service and data protection, in collaboration with the Customer.
to prevent unauthorized access/use of the Service and to immediately notify 4HSE of any unauthorized access/use (support[@]4hse.com);
to use 4HSE Services in compliance with the directives issued by 4HSE and—in any case—in a manner compliant with current laws and regulations;
to make 4HSE services available only to users under their responsibility;
not to use 4HSE Services to store, process, or transmit material in an unlawful and/or illegal manner (software or any other potentially dangerous, viral, harmful element) or disclose material that violates third-party privacy/copyright, or any other kind of material deemed inappropriate by 4HSE;
not to use 4HSE Services to store, process, or transmit malicious code;
not to interfere with or impair the integrity and performance of the services or third-party data contained in such services;
not to make unauthorized access to the Services or 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 prior written consent from 4HSE, under penalty of ineffectiveness.
11. PRICES
The prices charged by 4HSE for its services are those in effect at the time of subscription; in case of renewal, even automatic, of the contract, the price charged will be the one in effect at the time of renewal.
Prices and billing policies are subject to change at any time and at 4HSE’s sole discretion.
Any indicated fee should be understood as net of VAT and any other due taxes.
The Customer’s failure to use purchased Services does not entail any obligation of refund/credit of the price by 4HSE.
Travel expenses incurred by 4HSE for the execution of the contract (e.g., airfare, parking, accommodation, highway tolls, and other similar costs) are not included in the price and will be invoiced based on the sum of the produced receipts and cannot exceed the daily maximums established by the Customer and specified in the Offer.
12. 4HSE SUPPORT PRODUCTS AND SERVICE LEVELS
The different types of technical support provided by 4HSE and the related processing times are those reported in the attached Table A.
The use by the Customer of the purchased service is guaranteed by 4HSE provided that the Customer communicates with 4HSE, even for problem resolution, through the 4HSE helpdesk (by opening a ticket) accessible from the 4HSE platform and/or the help desk area of the website support.4hse.com
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 entail a service downtime (regardless of whether, due to unforeseen circumstances, it occurs), 4HSE will not be required to give any notice to the Customer. If, however, Major upgrades or function insertions or interventions to the cloud or network infrastructure are carried out that require temporary service downtime, 4HSE will notify Customers with at least 24 hours’ notice, via the 4HSE newsletter system.
Regarding unscheduled maintenance and service downtimes, reference is made to the attached SLA, Help Desk, and Support Table under Appendix A.
Technical assistance interventions by 4HSE will be provided in the ways and terms specified in the table attached under Appendix A.
13. USE OF LOGOS, CASE HISTORIES, AND SCREENSHOTS
The Customer authorizes 4HSE to include in its portfolio (brochures, technical documentation, websites) the reference of the CUSTOMER (logo, name of the CUSTOMER, case history, and screenshots) related to the project carried out.
4HSE is allowed to include subcontracted projects in its customer portfolio; in this case, the Customer, by signing this contract, guarantees 4HSE (releasing it from any liability arising from the publication) that they have obtained from the original client authorization to publish names and logos in 4HSE’s customer portfolio (websites, brochures, commercial material, etc.).
14. PRIVACY
Please refer to the relevant information: Privacy policy
15. APPLICABLE LAW AND DISPUTES
This Contract is governed and regulated by Italian Law.
Any dispute between the parties regarding this contract will be preliminarily submitted to the conciliation body at the Chamber of Commerce of Verona. In case 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 for the exclusive competence of the Court of Verona.
Appendix A: Help Desk and Support
Ticket Opening: Recording the incident, assigning a ticket number to the customer, and saving the request within the help desk system.
First Response – Via Telephone Follow-Up: First interaction with the customer via telephone aimed at diagnosing the reported problem and attempting resolution reiterated via ticket (If the customer does not answer the call, this will be reported in the ticket).
First Response – Via Ticket: First interaction with the customer via 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 resolution of the problem (Final message of the process).
Level
Ticket Opening
First Response
ETA
Basic
Best effort
Best effort
Best effort
Notes
[1] The ETA will be met only if the customer provides all useful elements aimed at a correct diagnosis of the problem and a correct ETA estimation.
