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EVERYDAY SOFTWARE, S.L. - FACTORIAL

General Conditions of Use and Contracting (hereinafter, the "General Conditions")

IDENTIFYING INFORMATION AND BACKGROUND

EVERYDAY SOFTWARE, S.L. (onwards, Factorial) is the owner of the factorialhr.com website (onwards, the Website). Its domicile is located in Calle Alaba, 61 5º-2ª, 08005, Barcelona and its CIF is B-66854530. It’s subscribed in the Registro Mercantil de Barcelona, at Tomo 45613, Folio 156, Hoja 493653, Inscripción 1ª, with telephone number (+39) 932 205 976 and the following e-mail address: info@factorial.co.

1- OBJECT AND GENERALITIES

1.1 Factorial is the owner of the website https://factorialhr.com/ (hereinafter, the 'Website'), through which it offers:

  • A license to use software specialized in the management of Human Resources for small and medium companies and their employees, that includes payroll management and legal advice, among others.
  • A platform through which different services and third-party web platforms are announced.

(hereinafter, in the 'Factorial Services').

1.2 By the acceptance of these General Conditions, Factorial grants its users in a non-transferable and non-exclusive manner and under the terms and conditions set in these General Conditions a right of use on its web platform and its different functionalities (hereinafter, the ' Platform'), without granting to the user any right of exploitation of intellectual and industrial property over it.

For these purposes, it is expressly stated that the users of the Website and therefore of the Factorial Services will be companies that hire these services to be used by their employees (hereinafter the 'Client').

1.3 The General Conditions described below, regulate the conditions of use and access to the Website and the use of the Factorial Services by the Client and all this without prejudice to the particular conditions that regulate the use, provision and/or hiring of the products or services of third parties that, where appropriate, may be offered through the Website.

2- WEBSITE USE

2.1 The Factorial Client compromises to make appropriate and lawful use of the Website, in accordance with the applicable legislation and with the provisions of these General Conditions.

2.2 It is forbidden to misuse the Website. Consequently, the Customer must abstain, among other things, from:

  • Commit crimes, or encourage others to do so.
  • Introduce or distribute computer viruses in the network, upload offensive or obscene material.
  • Pirate aspects of the Website service.
  • Corrupt the data appearing on the Website.
  • Send advertising or unsolicited promotional materials ('spam').

2.3 The Website may also contain links to other websites that are not operated by Factorial (hereinafter 'Other Websites'). Factorial has no control over Other Websites and is not responsible for the content of these or any damage that may result from the use of them. While it reserves the right to remove such links if it is known that the websites linked are committing any irregularity or illegality.

3- ACCEPTANCE AND MODIFICATION OF GENERAL CONDITIONS

3.1 The use and access to the Website by the Customer implies acceptance of these General Conditions. Likewise, in order to contract the provision of Factorial Services, it is mandatory that the Clients complete a form with their identifying data, expressly accepting these General Conditions and the Privacy and Cookies Policy. If the Client has any doubt regarding the General Conditions, he/she may contact the Company using the identification data mentioned in these General Conditions. The General Conditions and Privacy Policy and Cookies can be found on our Website here https://factorialhr.com/cookies.

3.2 Factorial reserves the right to modify the content of the General Conditions at any time. In any case, this will not affect the Client, who will be subject to the current General Conditions of the Website at the time of contracting the Services or at the time of use and access to the Website.

3.3 The contract may be formalized in any of the languages in which the General Conditions are available on the Website, at Customer's discretion.

4- SERVICES PROVIDED AND LIMITATION OF FACTORIAL'S RESPONSIBILITY

4.1 Factorial only provides directly through the Platform the software services specialized in the management of Human Resources for small and medium-sized companies indicated with the letter a) in the previous section 1. The rest of the services advertised and promoted through the Website are fully provided and offered by third-party companies outside Factorial (hereinafter, the 'Final Provider') and consequently the only intervention of Factorial in all this will be the mere announcement and promotion of The services offered and provided by the Final Provider. Consequently, the Final Provider is the only and responsible for the provision of such services being completely Factorial outside of all this and without Factorial assumes any responsibility for the consequences of any type of provision of services offered by the Final Provider. However, Factorial informs that it expressly asks all of the Final Providers of services for a good performance of it, in full compliance with the standards of the corresponding sector. The Client expressly accepts this limitation of responsibility of Factorial, being essential for all purposes.

The services of the Final Providers will be provided under the General Settlement Conditions in the General and Specific Contracting Conditions (hereinafter the 'General Conditions of the Final Provider') and which must be accepted by the Client at the time of contracting them. In some cases, the Client may accept General Conditions of the Final Provider on the Factorial Website and in other cases, he will have access to the Final Provider's Website to be able to accept them. In any case, the Final Provider is the only responsible for the General Conditions of the Final Provider, so Factorial does not assume any responsibility for them, except when Factorial makes itself available to the Client when he/she does not access the Final Provider's Website.

4.2 Although the Final Providers are companies with extensive experience and recognized prestige, Factorial cannot verify or guarantee that the information contained in the Website in relation to the services of the Final Providers is accurate, complete and correct, although Factorial puts all its means within reach for the Final Providers to only offer real services and precise conditions. Consequently, the Final Provider is only responsible for the information (prices, configuration, features, extras, truthfulness, the accuracy of the descriptions, images included, etc.) included in the Platform with respect to its services. The Client accepts that any claim in this regard will be made directly and exclusively against the Final Service Provider.

4.3 Likewise, Factorial will not be in any case be responsible for:

  • The content hosted on the Platform regarding the Final Providers or their services;
  • Possible damages in the equipment due to the incorrect use of those ones;
  • Damages due to a virus infection of your equipment;
  • Errors produced by the access providers;
  • Any illegitimate interference by a third party;
  • Defective configuration by the Client.

5- FACTORIAL AND CUSTOMER OBLIGATIONS

5.1 Factorial Obligations and Guarantees:

  • Provide Factorial Services in accordance with the terms established in these Contract Conditions.
  • Factorial undertakes to provide sufficient resources for the Platform to be available 24 hours a day, every day of the year, although it is not responsible for the lack of functioning or punctual interruption of the web pages of the Final Provider or the Website and/or of the Factorial Platform attributable to third parties or of any unforeseeable event from a person outside the contract or incidental / force Majeure's cases.
  • Notwithstanding the foregoing, Factorial reserves the right to interrupt the Website and/or the Platform when necessary in order to perform technical repairs, maintenance, make changes to the Platform (design, texts, technology, etc.) and/or improvement of their services. To the extent possible, Factorial will notify in advance of interruptions that are due to foreseeable circumstances, such as maintenance and connectivity cuts.

5.2 Costumer Obligations:

  • Fill in identification and registration forms according to the indicated instructions. The Client is responsible that both the data provided in the registration process and the recruitment process are true and accurate, committing to communicate to Factorial all the changes that affect the contractual relationship.
  • Adopt as many security measures as are convenient or necessary to preserve the confidentiality and secrecy of the User (Log in) and Password of access to the Factorial Platform, which will be, in any case, personal and non-transferable.
  • Not use the Website or the Platform for activities contrary to law, morals, public order or for illegal, prohibited, harmful purposes of rights and interests of third parties. Factorial is not responsible for the consequences and damages that may result from improper use of the Services provided through the Website and/or the Platform.
  • To duly pay "X" for the services rendered as determined by clause 8 of the present contract

6- CONTRACTING A SERVICE

6.1 In order to contract Factorial Services, the Client must subscribe to these General Contracting Conditions and Specific Contracting Conditions.

6.2 The access to the Platform is done through the Internet, requiring that the Client has previously registered. For this, the Customer must enter the personal data required as mandatory in the main page of the Website and press the button 'Start using Factorial'. If the Client already has a personal account, they can log in by clicking on 'Access' and entering their email and password.

6.3 When the Client registers in Factorial, we will send him by email our confirmation that the contract has been signed (hereinafter, 'Confirmation of the Contract'), assumed that the Client has provided us his/her email address in his/her personal data form. Factorial is not responsible for errors and non-operationality of the email address provided by the Client.

6.4 Once the Client has started his session, he/she may select the Factorial Services or the Final Provider that he/she wishes to hire in the Platform. When selecting one of the Final Provider's services two situations can occur:

  • The Client accesses the website, which is not operated by Factorial and with which Factorial has no control about it.
  • The Client contracts services of the Final Provider through the Factorial Website.

In both cases, the Client must accept the General Conditions of the Final Provider that regulate the use, provision and/or contracting of its products or services, either through the Final Provider's website or the Factorial ones. As previously announced, the regulation of the contract that is made between the Client and the Final Service Provider will be governed by the provisions of the contract they subscribe in which Factorial does not intervene, nor is it a party.

6.5 In any case, the Client's contracting of Factorial Services will give the right to all its employees to access these Factorial Services and from there they can contract services by the Final Providers.

7- CONTRACT DURATION AND RESOLUTION

7.1 This Contract has a duration of one year from its signature unless it's a specific contract, and it will be renewed tacitly for equal periods if neither of the Parties, by means of written communication and at least 2 months before the expiration of the initial period of duration or any of its extensions, communicates its will not to renew it.

7.2 Either Party shall have the right to terminate this Contract freely and without penalty with a period of notice of 2 months. In such case, the other Party must be informed, in writing, of the will to terminate the Contract by certified mail to the address specified in this Contract and Factorial will proceed to charge the proportional part for the time elapsed.

8.- PRICE AND PAYMENT METHOD

8.1.- Factorial will issue an annual/monthly invoice to the Company based on the service that has been contracted. The standard service has no cost to the company or the employee. To have the software price detail, consult here and to consult the available benefits, consult here.

8.2.- The Company undertakes to pay said invoice by direct debit to the Client's account.

8.3.- Factorial only invoices the license of use of the Platform, does not invoice or manage the collection of the services of the final Provider.

9.- PROHIBITION OF TRANSFER OR ASSIGNMENT

The transfer, total or partial, of this contract without the prior consent by Factorial it's forbidden.

10.- INTELLECTUAL AND INDUSTRIAL PROPERTY

10.1.- Factorial, as owner of all the rights of the Platform, holds all the rights of intellectual and industrial property thereof, except for the license granted through this Contract. Factorial expressly reserves the exploitation rights it holds over the Platform that is the object of the license, expressly including the rights of reproduction, transformation, public communication and distribution in all possible forms of exploitation.

10.2.- The Website https://factorialhr.com and all the URLs where Factorial offers its services are domains registered by Factorial. Likewise, the Intellectual Property rights relating to the software and the contents of the Website belong to Factorial or its licensors.

10.3.- Consequently, the total or partial reproduction of the Website is expressly prohibited. It is also not allowed to publish, manipulate or distribute the content of the Website without the express authorization of Factorial or the legitimate owner.

11.- CONFIDENTIALITY

The Parties undertake to keep reserved and confidential the existence and content of all documentation and information that is provided, transmitted or disclosed by signing this Agreement regardless of the method, form or support used (hereinafter, 'Confidential Information'), undertaking not to make any disclosure to third parties or public communication without the prior written authorization of the other party.

In enunciating but not limiting way, it will be understood as Confidential Information the information referring to customer data, its existence, its structure, promotion and sales plans, source codes and object of computer programs, systems, techniques, inventions, processes , patents, trademarks, registered designs, copyrights, know-how, trade names, technical and non-technical data, drawings, sketches, financial data, plans relating to new products, data relating to customers or potential customers as well as any other information used in the business scope of Factorial.

The obligation of confidentiality will subsist even after the resolution, for any reason, of the contractual relationship between the parties without generating any type of compensation.

The breach of the obligation of confidentiality assumed in this agreement or the return of the Confidential Information established above, will entitle any of the Parties to claim the full amount of the damages that such breach would have generated.

12.- PERSONAL DATA PROTECTION

Factorial respects the new General Data Protection Regulation (RGPD) 2016/679 of the European Parliament and the Council as data processing manager.

Responsible: Identity: EVERYDAY SOFTWARE, S.L., with address at Carrer Alaba, 61 5th-2nd, 08005 Barcelona - CIF: B-66854530 Telephone: 932 205 976 Email: info@factorial.co.

On behalf of the company, we treat the information you provide to us in order to provide the requested Service and perform the invoicing thereof. The data provided will be kept as long as the commercial relationship is maintained or during the years necessary to comply with the legal obligations. The Client consents the personal data collected by Factorial may be transferred to the final Providers, with the same purpose as the Responsible, as well as in cases where there is a legal obligation. You have the right to obtain confirmation on whether if we EVERYDAY SOFTWARE, S.L. are treating your personal data so you have the right to access your personal data, rectify inaccurate data or request its deletion when the data is no longer necessary.

12.1.- OBJECT OF THIS PRIVACY POLICY: This policy is applied to the treatment of the data provided by the users of the different web pages under the Factorial brand, exclusive property of Everyday Software, S.L. or its affiliates. This policy is also extended to users subscribed to our newsletter or other promotions or commercial communications and to large accounts that contact us directly for large volume orders.

12.2.- WHAT TYPES OF DATA DO WE TREAT?: Factorial can manage to deal with labor information, essential for the personnel management of client companies.

12.3.- MANAGER OF TREATMENT: The information provided by our users or clients is handled at the headquarters of Factorial, with address at Carrer Alaba 61, 5º2ª, 08005 Barcelona (Spain). This information is stored in our computer systems or in technological suppliers. Our data protection delegate is Pau Ramon Revilla. As a User, you can directly contact our data protection delegate at info@factorial.co, indicating in the subject 'Delegate of data protection'.

12.4.- WHO CAN PROVIDE YOUR DATA?: Those under 18 years of age are not authorized to buy any product on the Factorial web pages. Neither to subscribe to promotions or commercial communications of our products. The user is always responsible for the veracity, accuracy, authenticity and validity of the data provided to us and Factorial reserves the right to exclude any user or customer who has provided false information.

12.5.- HOW DO YOU FACILITATE US YOUR DATA?: In the registration process, each user can voluntarily give their express consent for the treatment of their data, attached to this policy. Also in the navigation through the web pages of Factorial, the user can include their data in the file of Factorial subscribers. The purpose of this file is to communicate new features in the application, offers and also information that may be useful for the User to create their own personalized services. In both cases, the user can always exercise their rights over the processing of their data.

12.6.- DO WE SHARE OR GIVE YOUR DATA TO OTHERS?: No. Factorial will not give in any case your personal data to any company, whether linked or not, or make use of your data other than indicated in this policy. We are committed to inform you of any corporate change that implies a new ownership of the data you have entrusted to us, giving you then the option to exercise your rights. For the best fulfillment of its services, Factorial is obliged to provide certain data of its Clients to the partners that collaborate with the provision of our services (insurance and companies that offer flexible remuneration tools and legal and labor consultants). In any case, the information provided is strictly necessary for the activity that will be carried out.

12.7.- HOW DO WE PROTECT YOUR DATA? Factorial guarantees the confidentiality of the data provided by its protected Users and Clients through the use of personal passwords. Each user is responsible for the inappropriate use of such passwords. Factorial does not contract any technological service with suppliers that do not guarantee this privacy policy. We also do not hire services that can not respond to the security of our users' data. We also commit ourselves to communicate to our users any security breach that could risk their individual rights.

12.8.- HOW LONG DO WE KEEP YOUR INFORMATION? If you are a client, we will keep your economic information (invoices, accounting entries, etc.) at least during the established legal deadlines. As a user of the subscription service, we will keep your data as long as the information sent to your e-mail does not indicate any error in the sending and up to a maximum of ten years from its inclusion in the file. In any case, you can always exercise your rights over any of your data by contacting us at info@factorial.co, filling in the following withdrawal form.

12.9.- WHAT ARE MY RIGHTS AS A USER?: The rights that we guarantee are those of:

  • Access
  • Rectification
  • Suppression
  • Opposition
  • Limitation of treatment
  • Portability

13.- NOTIFICATIONS

Any communication can be done in a working relationship, it can be done writen and must be sent by email to the constant addresses in the Particular Contracting Conditions.

14.- JURISDICTION AND APPLICABLE LAW

This Contract is governed by Spanish Law. In the event that a part of it is invalid or void for any reason, this will not affect the remaining provisions of this Contract that will remain valid. To resolve any doubt or divergence that may arise between the parties with respect to compliance or interpretation of the clauses of this Agreement, both parties, by mutual agreement, submit to the Jurisdiction and competence of the Courts and Tribunals of the city of Barcelona, with he renounces his own jurisdiction if it is different.