THE AGREEMENT AND THE PARTIES – TERMS AND CONDITIONS OF SERVICE

Last modified: 22/11/2024

Previous version: 25/05/2018

1. INTRODUCTION

  1. These general terms and conditions govern the Free Trial and/or Purchase and/or Use of services purchased by the Client from 4HSE. By selecting (or checking) the appropriate acceptance box and/or completing and signing the order form referring to this agreement, the Client declares (i) to have received a copy of the terms and conditions listed below (hereinafter also T&C) and/or to have downloaded a copy from the 4HSE website, (ii) to have read and understood them, and (iii) to accept them in full.
  2. If the Client is a legal entity other than a natural person, the declarant and/or signatory of this agreement attests and guarantees to have all necessary powers and authority to bind such entity and its affiliates to these terms and conditions, assuming full and sole responsibility in case of false declarations.
  3. The website and 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 authorize the activation and/or use of its services for monitoring and/or copying and/or testing of 4HSE’s services, or for comparative analysis not commissioned by 4HSE. Therefore, 4HSE reserves the right to suspend the provision of services and access to its products whenever there is even a suspicion that such a situation may occur.
  4. 4HSE may modify and/or update these T&C from time to time without prior notice or Client acceptance. In case of contracts with automatic renewal, such changes will become effective only starting from the first automatic renewal following the modification, provided in time to allow the Client to withdraw as contractually allowed. The Client is responsible for verifying any changes to the T&C in time to exercise a possible withdrawal.

2. DEFINITIONS

For the purpose of this agreement, the following definitions apply:

  • T&C: terms and conditions of the services provided by 4HSE to the client.
  • 4HSE: 4HSE Srl with registered office in San Martino Buon Albergo (VR), Viale del Lavoro 45 – Italy. VAT: 04451130233.
  • 4HSE SaaS: means the proprietary product developed and maintained by 4HSE Srl, subject to these Terms and Conditions. 4HSE SaaS is a workplace safety management platform. It operates exclusively online through a web browser on a modern digital device (e.g., PC, Apple devices compatible with web browsers, Smartphones).
  • Client: the purchaser of 4HSE services.
  • SaaS (Software As A Service): a software distribution model based on client-server technology and entirely web-based, which does not require any additional software or hardware installation beyond an internet connection and a web browser.
  • Cloud: a set of technologies, typically offered as a service, that allow storage and/or data processing using distributed and virtualized hardware/software resources via the internet.
  • Trial: a time-limited test period for the 4HSE SaaS product, as predetermined by 4HSE.
  • Active users: registered users within the project.
  • Subscriptions, plans: subscription plans for 4HSE SaaS.
  • Project: an individual safety project associated with the client.
  • User plans: subscription packages based on active users.
  • Services: 4HSE SaaS products and/or services commissioned by the Client via a trial or a dedicated order form.
  • Client data: digital data and information provided by the client for purchasing and/or operating the 4HSE SaaS service.
  • Client content: digital content owned by the client and used, created, or reused within 4HSE SaaS.
  • Documentation: user manuals, technical support documentation, and training materials provided by 4HSE, available at www.4hse.com, service.4hse.com, academy.4hse.com and all other 4HSE-owned websites.
  • Self provisioning: self-service activation method of the 4HSE SaaS service.
  • Pro-rata: proportional amount recalculated on a 12-month (365-day) or 1-month (31-day) basis when upgrading a subscription plan.
  • SLA: Service Level Agreement, specifying the service levels guaranteed by 4HSE to paying clients regarding 4HSE SaaS availability.

3. SERVICE REGISTRATION

  1. To use the Services, the Client must have a valid 4HSE SaaS account, which can be obtained by registering on www.4hse.com and filling out the registration form, including a valid email address (“Registration Data”). The Client can then choose a name for their “Project.”
  2. Users are responsible for maintaining the confidentiality of their account credentials (username/password) and are fully accountable for all activities under their account.
  3. The user agrees to:
    • a) provide true, accurate, current, and complete information as requested in the registration form;
    • b) promptly update the Registration Data to keep it accurate and complete;
    • c) immediately notify 4HSE of any unauthorized account use or other security breaches;
    • d) log out of the account after each session.
  4. 4HSE is not obligated to verify the accuracy of the provided data. However, if it detects or suspects that the information is false, inaccurate, outdated, or incomplete, 4HSE may suspend or terminate the account and refuse current or future use of the Services.
  5. 4HSE shall not be liable for any loss or damage resulting from non-compliance with this section.

4. 4HSE TRIAL PERIOD

  1. To allow the Client to evaluate 4HSE’s services, 4HSE may authorize the activation of a free trial account (Trial) once only and for a limited period of time (as specified on www.4hse.com or affiliated pages), during which the Client may:
  • Import and manage users without limitation
  • Import and manage employees without limitation
  • Import and manage physical resources, risks, PPE, and other elements included in the 4HSE service
  • Submit support requests via the contact panel in the 4HSE platform or by email

If the same Client or user (individual or organization) activates multiple Trial versions, 4HSE reserves the right to block access to all trials beyond the first and delete all associated data. At its sole discretion, 4HSE may extend the trial period on a case-by-case basis. 4HSE also reserves the right to delete unactivated trial data. If the Client does not purchase one or more 4HSE products before the end of the trial, any data, information, and content uploaded during the trial — including project configurations — will be deleted and permanently lost. 4HSE recommends that trial users consult the online manuals and documentation before making a purchase.

5. PAID SERVICE PURCHASE PROCESS

  1. Regardless of timing (during, after, or separate from the trial period), the Client can purchase one of the user plans offered by 4HSE for the 4HSE SaaS product. Purchasing a plan converts the free trial project into a paid project. Each plan is based on the maximum number of active users allowed during the contract period (monthly or yearly). Plan details are available on www.4hse.com or within the platform under the paid plans menu.
  2. Payment can be made via credit card (for monthly or annual plans) or via bank transfer (only for annual or multi-year plans).
  3. For bank transfer payments, the paid plan will be activated and invoiced only after the payment is received.
  4. Unless otherwise specified in Article 7, the Contract will be renewed automatically for an equivalent term (1 month or 1 year), with payment processed using the same method selected during the initial activation.

6. LATE OR FAILED PAYMENTS

  1. In the case of non-payment or late payment, 4HSE may immediately and without notice disable all or part of the Services associated with unpaid or late invoices. Non-payment includes:
    • credit card payments that are not completed or declined;
    • bank transfers not received on 4HSE’s account.
  2. If the overdue amount remains unpaid for more than 15 days, the contract will be automatically terminated, and the services deactivated.
  3. If the Client has multiple contracts with 4HSE and fails to pay for one or more of them, 4HSE may suspend or terminate all other contracts for non-performance, disable related services, and withhold any amounts already paid as damage compensation — without prejudice to the right to claim additional damages.

7. CANCELLATION OF PAID PLANS

  1. Clients can disable the automatic renewal of the contract and the related payment plan at any time. The management of auto-renewal is fully automated within the 4HSE platform and is the sole responsibility of the Client, who is responsible for enabling or disabling this option.
  2. Specifically, automatic renewal can be disabled by logging into 4HSE SaaS with an administrative account and accessing the billing area, where the user can select the function to cancel the active plan. Once performed, the cancellation is processed immediately.
  3. For contracts paid by credit card, cancellation becomes effective at the end of the current term, during which the Client retains access to 4HSE SaaS.
  4. For contracts paid via bank transfer or other methods, cancellation must be submitted to 4HSE at least 60 days before the contract’s expiration. Otherwise, the contract will be automatically renewed for the following year. The Client’s mismanagement of the auto-renewal option does not entitle them to a refund of the charged fees.

8. SERVICE USAGE – 4HSE RESPONSIBILITY

  1. Within a paid contractual relationship (excluding the trial version), 4HSE is committed to:
    • providing support via ticketing for the Services purchased by the Client at no additional cost, as detailed in Section 12;
    • making reasonable efforts to ensure that the purchased Service is available 24/7, except for: a) scheduled maintenance; b) urgent and unpredictable security updates; c) causes beyond 4HSE’s direct control; d) force majeure, including government acts, natural disasters, floods, fires, civil unrest, terrorism, strikes or protests, whether or not involving 4HSE employees;
    • providing the purchased Services in accordance with applicable laws and governmental provisions.
  2. 4HSE will not be liable for any issue, defect, anomaly, disruption, or inaccessibility related to the Client’s hardware/software setup or internet connection, or for the Client’s (or their users’) improper or illegal actions (including copyright violations).
  3. Except in cases of willful misconduct or gross negligence, 4HSE is not liable to the Client for any service disruption, and the Client waives all claims. Any damage compensation will be limited to the amount paid and collected by 4HSE for the specific Service, including all ancillary costs (legal fees, administration, arbitration…).

9. DATA PROTECTION

4HSE commits to managing administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of the Client’s Data and will not alter them unless expressly requested in writing by the Client. 4HSE also commits, within its capabilities, not to access the Client’s Data unless necessary for proper Service delivery, including actions to prevent technical issues (e.g., upon request during technical support).

All stored data is protected by server-side encryption and accessible only to authorized users. Our systems are designed for Business Continuity and Disaster Recovery through redundant servers located in different geographic areas and daily backups, ensuring data integrity and availability in the event of unexpected events.

10. SERVICE USAGE – CLIENT RESPONSIBILITY

  1. The Client guarantees:
    • compliance with this Agreement by their users;
    • the accuracy, quality, and legality of the Data provided and the manner in which such Data is made available to 4HSE, whether through the platform or in interactions with 4HSE staff. In particular, the Client assumes full responsibility for the accuracy and truthfulness of the data provided to 4HSE and ensures that all information supplied, such as texts, graphics, data, images, and sounds, is lawfully owned and does not violate any copyright, trademark, patent, or other third-party rights deriving from law, contract, or custom. The Client agrees to hold 4HSE harmless against any third-party claims for compensation related to the publication of such content.
  2. The Client agrees:
    • 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 Client must promptly report:
      1. Loss, corruption, or compromise of information;
      2. Unauthorized access to systems or data;
      3. Incidents that may impact the confidentiality, integrity, or availability of the information managed via the service.
        The notification must include a detailed description of the event, the date and time of detection, and any immediate actions taken to mitigate its effects. 4HSE reserves the right to take further action to protect service security and data integrity in cooperation with the Client.
    • to prevent unauthorized access/use of the Service and immediately notify 4HSE of any such unauthorized access/use (support[@]4hse.com);
    • to use 4HSE Services in accordance with 4HSE’s guidelines and, in any case, in compliance with applicable laws and regulations;
    • to make 4HSE Services available only to users under their own responsibility;
    • not to use 4HSE Services to store, process, or transmit unlawful and/or illegal material (software or any potentially dangerous, viral, or harmful content), or distribute material that violates third-party privacy/copyright or any content deemed inappropriate by 4HSE;
    • not to use 4HSE Services to store, process, or transmit malicious code;
    • not to interfere with or compromise the integrity or performance of the services or third-party data contained therein;
    • not to gain unauthorized access to the Services or to connected systems or networks.
  3. The Client is expressly prohibited from transferring the rights arising from this agreement to third parties, in whole or in part, without prior written consent from 4HSE, under penalty of ineffectiveness.

11. PRICING

  1. The prices applied by 4HSE for its services are those in effect at the time of subscription. In case of renewal, including automatic renewal, the applicable price will be the one 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. All stated fees are exclusive of VAT and any other applicable taxes.
  4. Failure to use purchased Services does not entitle the Client to any refund or price adjustment from 4HSE.
  5. Travel expenses incurred by 4HSE for contract execution (e.g., airfare, parking, accommodation, tolls, and similar costs) are not included in the price and will be invoiced based on receipts provided. They may not exceed daily limits specified by the Client in the Offer.

12. 4HSE SUPPORT PRODUCTS AND SERVICE LEVELS

  1. The types of technical support provided by 4HSE and the related response times are listed in Appendix A.
  2. The Client’s use of the purchased service is guaranteed by 4HSE provided that communication with 4HSE, including issue resolution, is done via the 4HSE helpdesk (by opening a ticket), accessible from the 4HSE platform and/or the support site at support.4hse.com.
  3. The Client acknowledges that purchased services may undergo bug fixing, software updates, minor feature updates, new apps, and new modules. If these do not require service downtime (even if downtime occurs unexpectedly), 4HSE is not required to notify the Client. However, for major upgrades or infrastructure/network work that requires temporary service interruptions, 4HSE will notify Clients at least 24 hours in advance via the 4HSE newsletter system.
  4. For unscheduled maintenance and service outages, refer to the SLA, Help Desk, and Support table in Appendix A.
  5. Technical support from 4HSE will be provided as specified in the table in Appendix A.

13. USE OF LOGOS, CASE HISTORIES, AND SCREENSHOTS

  1. The Client authorizes 4HSE to include the CLIENT’s reference (logo, name, case history, and screenshots) in its work portfolio (brochures, technical documentation, websites).
  2. 4HSE may also include subcontracted projects in its client portfolio. In this case, by signing this contract, the Client guarantees that they have obtained authorization from the original customer for publication of names and logos in 4HSE’s client portfolio (websites, brochures, commercial material…), and releases 4HSE from any related liability.

14. PRIVACY

Please refer to the relevant policy: Privacy policy

15. GOVERNING LAW AND DISPUTES

  1. This Agreement is governed by and construed in accordance with Italian law.
  2. Any dispute between the parties related to this agreement will first be referred to the mediation body at the Chamber of Commerce of Verona. If mediation fails, all disputes related to the application, execution, interpretation, and breach of this Agreement will be subject to Italian jurisdiction and the exclusive competence of the Court of Verona.

Appendix A: Help Desk and Support

  • Ticket creation: Logging of the incident, assignment of a ticket number to the client, and saving the request in the help desk system.
  • First Response – Phone Follow-Up: First phone contact with the client to diagnose the reported issue, with follow-up via ticket (if the client does not answer, this will be noted in the ticket).
  • First Response – Ticket: First contact with the client via ticket aimed at diagnosing the issue.
  • ETA: Estimated Time of Arrival for issue resolution, communicated to the client (client will be updated if the ETA changes).
  • Fixed: Final message informing the client that the issue has been resolved.
LevelTicket CreationFirst ResponseETA
BasicBest effortBest effortBest effort

Notes

  • [1] ETA will be met only if the client provides all elements necessary for proper diagnosis and accurate ETA estimation.