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

Last update: 25/05/2018

1. GENERAL

  1. The general terms and conditions govern the Free Trial and / or the Purchase and / or Use of the services purchased by the Customer from 4HSE. By selecting (or flagging) the appropriate acceptance box and / or completing and signing the order form referring to the present contract, the Customer declares (i) to have received a copy of the following general terms and conditions (from now on referred to as T&C) and / or to have downloaded a copy from the website of 4HSE, (ii) to have read and understood its contents and (iii) to accept its contents in all its parts.
  2. The website and the software associated to the Services, which is usable online, is 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 of the services made available by 4HSE, or comparative analyses not commissioned by 4HSE itself. 4HSE therefore reserves the right to suspend the provision of the service and access to its products whenever there is even the suspicion that this is the case.
  3. 4HSE may modify and / or update its T&C over time without giving notice or requiring acceptance by the Customer. In the case of contracts with tacit renewal, such modifications will become effective only starting from the first tacit renewal subsequent to the modification made, allowing the Customer time to cancel the contract within the contractually established time frame. For its part, the Customer undertakes to verify the existence of any changes to the T&Cs in time to terminate it in the contractually established terms.



2. DEFINITIONS

For the purposes of this contract the following refer to:

  • T&C: terms and conditions for services provided to the Customer by 4HSE.
  • 4HSE: 4HSE Srl con sede legale in San Martino Buon Albergo (VR) Viale del Lavoro 45 – Italy. P.IVA 04451130233
  • Cliente: the subscriber to 4HSE services.
  • SaaS (Software As A Service): means Software As A Service, a distribution model for application software based on client-server technology or completely web based, which does not require, other than an internet connection and a web browser, any installation of software components or added hardware to make the “SaaS” application function.
  • “Cloud”: a set of technologies, typically in the form of a service, that allow the customer to store/archive and/or process data thanks to the use of distributed and virtualized hardware or software resources on the Internet.
  • “4HSE”: this product is the property of 4HSE Srl and has been developed and maintained by them. It is the object of these Terms and Conditions of services. 4HSE SaaS is a workplace safety management platform. 4HSE SaaS functions exclusively online, through a web browser installed on a latest generation digital device (such as a PC, it supports Apple compatible web browsers, Smartphones).
  • “Trial”: means the trial period for the 4HSE SaaS product which has a maximum time duration predetermined by 4HSE.
  • “Active workers”: means the employees registered in the project.
  • “Subscriptions, plans”: means 4HSE SaaS subscription plans.
  • “Project”: understood as the single security project associated to the client.
  • “User plans”: means subscription packages based on active users.
  • “Services”: means 4HSE SaaS products and/or services commissioned by the Customer with the activation of a 4HSE SaaS trial, or via the dedicated order form.
  • “Customer data”: means the data in digital format and information provided by the Customer to buy and/or to enable the 4HSE SaaS service to function.
  • “Customer contents”: means the digital content property of the customer who uses the 4HSE SaaS service and which the customer uses, creates and re-uses in 4HSE SaaS.
  • “Documentation”: means 4HSE documentation in terms of online user manuals and technical support documentation, aimed at customer training for 4HSE products, which is made available by 4HSE personnel and can be found on the website www.4hse.com, service.4hse.com, support.4hse.com and on all sites owned by 4HSE.
  • “Self provisioning”: means the self-service method of activating the 4HSE SaaS service.
  • “Pro-rata”: means the proportional rate (instalment) recalculated for a period of 12 months (365 days) or for a period of one month (31 days) in the case of an upward variation of a subscription plan.
  • “SLA”: means Service Level Agreement, which are the service levels that 4HSE guarantees to its paying customers regarding the availability of the 4HSE SaaS service.



3. REGISTRATION OF THE SERVICE

  1. In order to use the Services, the Customer must obtain a valid 4HSE account, obtainable by registering on the www.4hse.com website and filling in the registration form provided and providing all the requested information, including a valid e-mail address (“Registration Data”). The Customer can then choose a name for their “Project”.
  2. Users are responsible for maintaining the confidentiality of access data to the account (username / password), and are fully responsible for all activities that are carried out on their account.
  3. The user undertakes to: (a) provide truthful, accurate, up-to-date and complete information about themselves as required in the Service registration form, (b) to promptly and constantly update the Registration data to maintain the information true, accurate, current and complete, (c) immediately inform 4HSE of any unauthorized use of their account or any other security breach, and (d) exit their account at the end of each work session.
  4. 4HSE does not assume any obligation to verify the data provided by the Customer. However, if 4HSE ascertains or even simply suspects that the information provided is false, inaccurate, non-current or incomplete, 4HSE may suspend or terminate the account and refuse any and all current or future use of the Services (or any part thereof).
  5. 4HSE cannot and will not be liable for any loss or damage resulting from failure to comply with this section.



4. TRIAL PERIOD OF 4HSE SERVICES (TRIAL)

  1. To allow the Customer to evaluate the services offered by 4HSE. 4HSE can authorize for all or for only some of their products the activation of a free trial account (Trial), once and for a limited period of time (specified on the website web www.4hse.com or affiliated pages), during which the Customer can:
    • Import and manage users without limitations.
    • Import and manage employees without any limitations.
    • Manage sources of risk, risks, PPEs and everything provided by the 4HSE service.
    • Request technical support via the contact panel in the 4HSE platform or via email.

  2. In the case of the same customer or user (individual or organization) activating several trial versions, 4HSE reserves the right to terminate access to all activations thereafter and to delete all data recorded within. 4HSE reserves the right to extend the trial period to the user, on a case by case basis and at its own discretion.
  3. 4HSE reserves the right to cancel the data of the non-activated trials.
  4. If at the end of the trial period the Customer does not purchase one or more of 4HSE products, the data, information and content uploaded by the Customer in 4HSE SaaS and any configuration made to the 4HSE SaaS Project during this period will be cancelled and will be permanently lost.
  5. 4HSE recommends users using the trial version to make use of the documentation and online manuals available before purchasing the platform.



5. PURCHASING PROCEDURE FOR PAID SERVICES

  1. Independently, during, at the end of or after the trial period, it is possible to purchase one of the 4HSE user plans for the 4HSE SaaS product. The purchase of a plan involves the conversion of the project from a free version to a paid project. The plans which can be purchased are based on the concept of a maximum number of employees active for each plan, during the contract period, whether monthly or yearly. The characteristics of the various plans are available on the website www.4HSE.com or on the platform itself, in the menu dedicated to the acquisition of payment plans.
  2. Payment can be made by credit card, for monthly or annual plans, or bank transfer but this is exclusively for annual or multi-year plans.
  3. Payment by bank transfer is only allowed for annual plans. The activation of the payment plan and the issue of the relevant tax documents will take place only upon receipt of payment.
  4. Where not excluded by the following art. 7, the Contract will be considered renewed for a period of equal duration (30 days or 365 days), with payment of the relative amount by the same payment method defined at the time of activation.



6. MISSING OR PARTIAL PAYMENT

  1. In the event of non-payment or late payment, 4HSE may with immediate effect, in whole and/or in part and without notice, deactivate the Services relating to unpaid or delayed payments. In particular, payments are considered to be missed or delayed:
    • by credit card, in case of failure to complete the payment procedure or if the operation is suspended or rejected;
    • by bank transfer, in the case of missing transfer of the amount to the 4HSE current account.

  2. If the situation remains unpaid for more than 15 days after its expiry, it will result in the termination of the legal contract and the related deactivation of services.
  3. In the case of a number of existing contracts with the same Customer, where the outstanding sum regards one or some of these relationships, 4HSE will be entitled to suspend or terminate all contracts not just the one that is subject to the outstanding sum, due to non-compliance, to disable the services purchased and/or not deliver work already started, and withhold any sums already collected as compensation for damages, except in the case of reimbursement of greater damage.



7. WAYS TO CANCEL PAYMENT PLANS

  1. Customers can disable the automatic renewal of the contract and the related active payment plan on their platform at any time. The automatic renewal is managed exclusively in an automated way via the 4HSE platform, and it is the Customer’s sole responsibility, to able and/or disable this option.
  2. The disabling of the automatic renewal takes place by accessing the credentials of the user with the 4HSE SaaS administrative rights within the billing area and choosing the corresponding function that allows termination of the active payment plan. Any termination decided by the Customer and executed through the 4HSE platform is immediately and automatically processed by the system.
  3. In the case of a contract with payment by credit card, cancellation will become effective upon expiry of the contract in progress, the period during which, the Customer will maintain the right to access 4HSE SaaS.
  4. With bank transfer or other payment method, the cancellation must reach 4HSE with not less than 60 days notice from the expiry of the contract. Otherwise the contract will be considered tacitly renewed for the following year. The incorrect management of the automatic renewal option by the Customer excludes the right for reimbursement of the charges made by 4HSE



8. USE OF THE SERVICES, RESPONSIBILITY OF 4HSE

  1. In the context of the paid contractual relationship (excluding the trial version), 4HSE is required to:
    • provide support via a ticket system regarding the Services purchased by the Customer, with no further cost to the Customer and according to the functions described in point number 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, (b) urgent and non-preventable security updates, (c) causes out of the direct control of 4HSE, or (d) causes of force majeure beyond the control of 4HSE, including government measures, natural events, floods, fires, civil insurrections, terrorist acts, strikes or other protests involving or not involving our employees.
    • provide the Services purchased in accordance with the laws in force and the government measures in place.

  2. 4HSE will not be responsible, even partially, for any difficulty, defect, anomaly, discontinuity, inability to access and / or use of the 4HSE services derived and / or in any case connected to the Customer’s hardware and software equipment or to their Internet connection, or to actions and / or behaviour of the Customer (or one or more of its users) that prove to be improper, harmful or against the law (including copyright violations), national or international.
  3. Except in cases of wilful misconduct and gross negligence, 4HSE will not be liable to the Customer, and is therefore free from any responsibility, for any disruptions connected and / or connected to the Services offered and / or used by the Customer. In any case, any kind of damages cannot exceed a sum equal to the fee paid by the Customer and collected by 4HSE for the Service, sum to be understood inclusive of all auxiliary costs (legal fees, stationery, arbitration chamber etc).



9. DATA PROTECTION

4HSE commits itself to an administrative, physical and technical management aimed at guaranteeing the security, confidentiality and integrity of the Customer Data, and not modifying them unless explicitly requested in writing by the Customer. Furthermore, 4HSE undertakes, within the limits of its possibility, not to access Customer Data, except for the correct provision of the Services purchased, including actions aimed at preventing technical problems (on request and, for example, concurrently with questions related to technical support).



10. USE OF THE SERVICES – CUSTOMER RESPONSABILITY

  1. The Customer guarantees:
    • to respect this Agreement on behalf of its users;
    • the accuracy, quality and legality of the Data provided and the manner in which this Data was made available (by the customer) to 4HSE both on the platform and in any interactions with the 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 texts, graphics, data, images, sounds, can be used legitimately, and do not violate any rights of author, trademark, patent or other third party rights deriving from law, contract or custom. It therefore undertakes to free 4HSE from any claim for compensation and / or compensation claimed by third parties as a consequence of the publication of the aforementioned materials.

  2. The Customer agrees:
    • to prevent unauthorized access/use of the Service and to immediately notify 4HSE of any unauthorized access/use;
    • to use the 4HSE Services in compliance with the directives issued by 4HSE and – in any case – in compliance with the laws and regulations in force;
    • not to use the 4HSE Services to store, process or transmit any material in an unlawful and / or illegal way (software or anything else potentially dangerous, viral or harmful) or disclose material that violates the privacy / copyright of third parties, 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 affect the integrity and performance of the services or data of third parties contained in such services;
    • not to access in an unauthorized way Services or systems and networks connected to them.

  3. It is expressly forbidden for the Customer to cede 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 charged by 4HSE for its services are those in force at the time of subscription; in the case of renewal, also automatic renewal of the contract, the price charged will be the one in effect at the time of renewal.
  2. Prices and billing policies are subject to change at any time and at the sole discretion of 4HSE.
  3. An updated version of the price list is available on www.4hse.com, which the customer undertakes to consult before purchasing and before renewing the contract. Therefore, the renewal of the contract determines the automatic acceptance of any new price applied.
  4. Any amounts indicated in this Contract must be understood net of VAT and any other tax due.
  5. Failure to use the purchased services by the Customer does not imply any obligation to reimburse / cancel the price by 4HSE.
  6. Any travel expenses incurred by 4HSE for the execution of the contract (e.g. air tickets, parking, accommodation, motorway costs and other similar costs) are not included in the price and will be invoiced with supporting documents, and may not exceed the daily limits set 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 relative evasion times are reported in the attached table A.
  2. The use by the Customer of the purchased service is guaranteed by 4HSE on condition that the Customer communicates with 4HSE, also for the resolution of problems, with the help desk of 4HSE (through the opening of a ticket) reachable from the 4HSE platform and / or the help desk area of the support.4hse.com website.
  3. The Customer acknowledges that the services purchased may undergo bug fixing processes, software updates or present minor feature updates, new apps and new modules. Where it does not foresee an interruption (regardless of the fact that, due to unforeseen circumstances, it occurs) 4HSE will not be required to give the Customer any notice. On the other hand, if major upgrades, function additions or cloud or network infrastructure interventions that require a temporary interruption to the service are carried out, 4HSE will give Customers a 24 hours warning notice via the 4hse newsletter system.
  4. Regarding unplanned maintenance and service stops, refer to the SLA table, Help desk and attached Support table A.
  5. Technical assistance interventions by 4HSE will be provided in the ways and terms specified in the attached table A below.



13. USE OF LOGOS, CASE HISTORIES AND SCREEN SHOTS

  1. The Customer authorises 4HSE to include in its work portfolio (brochures, technical documentation, websites) references to the Customer (logo, Customer name, case history and screenshots) related to the project carried out.
  2. 4HSE is allowed to include subcontracted projects in its customer portfolio; in this case the Customer in signing this agreement guarantees 4HSE (relieving them of any responsibility deriving from the publication) that they have obtained from the original customer the authorisation to publish names and logos in the 4HSE customer portfolio (websites, brochures, commercial material, etc.).



14. PRIVACY

Please refer to the reference information: Privacy policy


15. APPLICABLE LAWS AND DISPUTES

  1. This Contract is regulated and governed by Italian law.
  2. Any dispute between the parties regarding this contract will be transferred to the conciliation body at the Chamber of Commerce of Verona. In the event of a negative outcome of a 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 jurisdiction of the Court of Verona.



Appendix A: Help Desk and Support

  • Being Handled: Incident registration, ticket number assignment to the customer and request saved within the help desk system.
  • First Response – Via Telephone Follow Up: First interaction with the customer via telephone aimed at diagnosing the problem communicated and attempting to resolve it with a reiterated ticket (In case the customer does not answer the call this will be reported in the ticket).
  • First Response – Via a ticket: First interaction with the client aimed at diagnosing the problem via a ticket.
  • ETA: Communication to the client of the estimated time for the resolution of the problem (The customer will be updated in the case of the ETA changing)
  • Fixed: Communication to the client regarding the resolution of the problem (Concluding termination of the process)
Service Level (SLA) Serious incident Standard incident
Serious problem in production environments that involves all users. Severe degradation of performance that involves all users Bugs that do not impact all users or requests for clarification
Base Help Desk Best effort Best effort



Note

  • [1] The ETA can only be achieved if the customer provides all the necessary elements for a correct diagnosis of the problem and a correct estimate of the ETA.