The Software as a Service (SaaS) service of the WORKDECK ® application is a Digital Workplace software service provided by WORKDECK SOLUTIONS S.L. with VAT number B66513466 (hereinafter WORKDECK S.L.).

The request / contracting and activation of any of the subscription services of this application and any of its options presupposes that the Client has read and accepted these Terms and Conditions.

The service involves hosting WORKDECK® on a server owned by WORKDECK S.L. in its own or leased facilities, as well as the connectivity of this server with the Client, contracted for a minimum period of 30 consecutive calendar days.

WORDECK S.L. reserves the right to modify the physical location of its facilities and/or the server at any time, providing the Client with at least 7 days advance notification.

The Client shall access WORKDECK® remotely using a web browser in its latest version. WORKDECK S.L. guarantees the correct use of the system in the following standard browsers: Google Chrome, Mozilla Firefox, and Microsoft Edge, in their latest versions.

The server is housed in a server room located in the territory of the European Economic Community (EEC), with restricted access and appropriately conditioned, with controlled temperature and redundant systems of uninterrupted power. The hosting is on Google Cloud.

WORKDECK S.L. supervises the connectivity of the server 24 hours a day, 365 days of the year.

A SaaS Client cannot request the installation of WORKDECK® on a server outside the control of WORKDECK S.L.

WORKDECK S.L. only invoices the SaaS Client for subscription to use the software application. Any additional services, such as training, consulting, data import, integration with external systems or design work shall be invoiced separately and based on a separate agreement between WORKDECK S.L. and the Client.

Service duration

These general Terms and Conditions will take effect on the first day of subscription of the service and will be valid through the lifetime of the service while subscription payments are being made by the Client to WORKDECK S.L. for the service and until the Client informs WORKDECK S.L. in writing of the cancellation of the service.

In the event that the Client decides to terminate the service subject to these General Terms and Conditions before the agreed period, the Client must notify WORKDECK S.L. in writing by sending an email to support@workdeck.com requesting cancellation of all subscriptions. If requested by the Client, WORKDECK S.L. shall ensure that the Client is provided with an export of all their data. After 30 days from the termination, cancellation or non-payment of subscriptions, all Client related data will be deleted, unless otherwise requested by the Client.

Content

WORKDECK S.L. SHALL BE IN NO WAY RESPONSIBLE for the nature of the data hosted on the WORKDECK® application of the Client, be this content owned by the Client or by employees or clients of the Client.

The Client is aware of such measures as immediate and scheduled Backups on equipment independent of WORKDECK® infrastructures. Backups are stored in a private bucket on Google Cloud.

The Client is solely responsible for the content, use and publication of the information and communications shared through the contracted services.

The Client is responsible for the confidential handling and exclusive use of all usernames and passwords to access the services, as well as for any fraudulent use by third parties caused due to a lack of diligence or confidentiality in their safekeeping on the part of the Client.

Services contracted with WORKDECK S.L. must be used exclusively for lawful purposes. The use of any of the contracted services to exercise activities contrary to the Law is strictly prohibited.

The service shall not be used for the following, among others:

Sending or disseminating content that false, defamatory, harmful, illicit or violate human dignity, or that breach or violate obligations of confidentiality, privacy, protection of personal data, trade secrets, industrial or intellectual property rights of third parties, rights of consumers and users or any other right.

In any way that constitutes a violation or breach of the rights of any person or the violation of any type of duty or legal obligation either contractually, extra-contractually or in any other way.

In contravention of the instructions facilitated by WORKDECK S.L. to the Client in relation to the use, installation and/or maintenance of the service.

Collecting or disclosing information about other people, including e-mail addresses, without their consent.

Sending or introduce viruses, trojans, worms or any other hostile or harmful computer program, SPAM, hacking, bombing or any other actions that might be harmful to WORKDECK S.L. services and network, connectivity providers, customers and third parties.

In any way that infringes the rights of another person over trademarks or local domain name policies.

Technical Support

The Client is solely responsible for administrating and managing the contracted services.

If the client requests the development of new services or functionalities, these can only be performed by WORKDECK S.L., and will be budgeted and invoiced separately based on a separate agreement between WORKDECK S.L. and the Client. WORKDECK S.L. reserves the right not to perform the requested developments if it considers that these may interfere with the security and/or proper functioning of the WORKDECK® infrastructure, or for any other technical reason.

If necessary, the Client shall provide information, cooperation, and sufficient access to allow WORKDECK S.L. to fulfil is commitment to diagnose any issues related to nonconformities.

All after-sales services and support requests shall be processed via support@workdeck.com to ensure swift processing and registration, and to allow them to be assigned to the appropriate technician.

Billing and payment of services

Subscriptions shall be payable either on a monthly, quarterly or on an annual basis, depending on the Client’s preferred subscription package.

Payments shall be made either by credit card or bank transfer.

The invoice shall state the monthly period consumed, regardless of the day of payment.

Responsibility and guarantees

WORKDECK S.L. undertakes to put all the means at its disposal to provide the Offered Services with diligence, using personnel accredited with the necessary experience, qualification and preparation in keeping with WORKDECK S.L. internal procedures.

The availability of the service is 98%.

In the event of real loss of availability of the service connectivity, WORKDECK S.L. will reimburse the Client to compensate the amount of time that the Client has been without the guaranteed service, based on the following formula:

avail = 100 x (T – Tc) / T

Whereby:

avail =% of service availability

T = Total monthly time

Tc = Time of total connectivity loss, which is the elapsed time from the opening of the incident by the client to the restoration of the connectivity of the affected server.

“Service availability” = connectivity availability.

For the purpose of calculating the Availability of the Service, the length of the incident (Tc) will be the period since the client informs WORKDECK S.L. of the lack of connectivity by written communication until the time in which WORKDECK S.L. verifies the restoration of the connectivity.

This warranty applies exclusively to server connectivity, hardware failures or WORKDECK® software.

This guarantee is not applicable in the event of a lack of service caused by:

  • Configuration errors by the client or similar.
  • External attacks against public websites or denial of service (DDoS)
  • Hardware or software failures external to the WORKDECK® application.
  • Circumstances beyond the reasonable control of WORKDECK S.L., including, without limitation, those caused by force majeure.
  • The following elements or resources, among others, are considered beyond the control of WORKDECK S.L.:
  • The computer system of the user/s.
  • Navigation or connection software and accessories.
  • Viruses, Trojans, worms or any other hostile or harmful computer program on the Client’s side.
  • Switched telephone network, ISDN, frame relay, cable, satellite and any other transport or telecommunications infrastructure (including DNS propagation).

This guarantee does is not valid if the Client has breached any of the clauses of these terms and conditions, whereby following such a breach WORKDECK S.L. may or may not have decided to deactivate/suspend/disconnect the service contracted by the Client providing notice, or not, depending on the urgency and seriousness of the breach.

To obtain compensation, the Client must request so in writing to WORKDECK S.L. within a maximum 48 natural hours since the closure of the incident, indicating: date, time of opening of the incident and all documentation requested by WORKDECK S.L.

In order to obtain compensation, the server’s health status and these general conditions must be met.

The compensation will be made in the following bill after the request and approval of the same by WORKDECK S.L.

Compensations are not cumulative from one month to the next.

Notwithstanding the above, the Client accepts that WORKDECK S.L. cannot guarantee the uninterrupted use of the Services, especially taking into account that WORKDECK S.L. must carry out routine tasks of maintenance, repairs, reconfigurations, updates and/or improvements to the services and recognizing the fact that the Internet is a decentralized worldwide network of computer systems, over which WORKDECK S.L. does not have absolute control.

The client is the sole responsible for:

The content, use and publication of all information and communications shared via WORKDECK®.

Violation or breach by the Client or any of its users of any applicable rule or law in relation to the use of WORKDECK®, including, among others, the provisions and codes of self-regulation in terms of data protection, the protection of consumers and users, industrial or intellectual property rights, harmful and illegal content or unfair competition, in force at the time.

When it is necessary to use usernames and passwords to access any of the Services, the Client is responsible for their confidential handling and exclusive use, as well as for any fraudulent use by third parties caused due to a lack of diligence or confidentiality in their safekeeping on the part of the Client.

The Client is responsible to WORKDECK S.L. and undertakes to indemnify WODKECK S.L.  for all damages, interests and lawsuits, whereby the latter may be affected by a claim made by a third party, filed as a consequence of an infringement by the Client in relation to obligations arising from this contract and in general, given the positioning of WORKDECK S.L. as an intermediary, or any other that is not as a direct consequence of a breach by WORKDECK S.L. of its legal or contractual commitments.

WORKDECK S.L. undertakes to do its best in the exercising of its functions, to ensure the proper functioning of the WORKDECK® Services, however, it will not be held responsible for circumstances or events that are beyond its reasonable control, such as fortuitous events or force majeure. The delay, failure, suspension or interruption of the Services as a consequence of energy restrictions, blocking of telecommunications or the Internet, actions or omissions by third parties, telecommunications operators or services, supply or transport companies or any other cause or circumstance beyond the will of WORKDECK S.L. that could prevent the normal execution of the WORKDECK ® Services, shall be considered as force majeure or fortuitous event, without limitation.

WORKDECK S.L. cannot be held responsible in any way for failures in the service as a result of drops in the Client’s system (Browser) arising from the excessive or inadequate use of the resources of the same, or as a result of external or third-party attacks, or as a result in failures in third-party software.

In any case, and if there is a proven negligent act committed by WORKDECK S.L., the responsibility of WORKDECK S.L. is limited to that of an ONLINE COMPUTER APPLICATION service, to the reimbursement of the amounts paid that corresponds to the part of the period not consumed by the client.

Data protection

WORKDECK S.L., as the responsible for the handling of the data, undertakes to respect and comply with its obligations arising from the Data Protection Laws, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and any other provision applicable at the time of these present Terms and Conditions and to the Services rendered. However, the Client, as the owner of the file/data, will indemnify WORKDECK S.L. for any damages, interest, penalties or indemnities that WORKDECK S.L. is obliged to satisfy to third parties, may suffer or may incur as a result of a breach by the Client of the obligations arising from this Clause and/or as a result of a breach of the any of the provisions in force at any time, in relation to Data Protection.

The Client authorizes and accepts that WORKDECK S.L. may add its personal data, name and other details included in the Order Form, in a computer file directory, of which WORKDECK S.L. is the owner and responsible, for internal use and for the purpose of facilitating the provision of services by WORKDECK S.L., unless the client expressly gives instructions preventing this, whereby the completion of the aforementioned Form implies consent for carrying out such handing. The natural person included in the Order Form has the possibility to exercise their rights to access, rectify, cancel and opposition in relation to their personal data, by written request to WORKDECK S.L.

Cancellation of service

Unless otherwise agreed, the minimum subscription service is 30 (thirty) days automatically renewable. All cancellations must be requested by mail at least 5 working days before the next month’s invoice (issued the last day of each month).

WORKDECK S.L. reserves the right to deny or interrupt the contracted service if the Client defaults on payment or performs any act or behaviour that WORKDECK S.L. considers in violation of any of the present terms, norms and conditions, via written communication and without prejudice to the right of WORKDECK S.L. to terminate the contract in the event of non-adherence of the Client with the conditions herein, without exempting the Client from payment of any amounts owed at the time of the suspension, interruption and/or cancellation of the services provided.

In the event that WORKDECK S.L. cancels or suspends the contracted service without the Client having violated any of the present conditions, WORKDECK S.L. shall reimburse the Client for any amounts paid that have not been consumed.

In the event that THE CLIENT delays a payment and whereby WORKDECK S.L. resolves to cancel the software service, the CLIENT should expressly request by written communication that the WORKDECK® instance, the server and data be maintained. Although the software service is suspended, WORKDECK S.L. will invoice the natural period since the cancellation request as a “Guardianship and data storage fees”.

In any case, WORKDECK S.L. will not be held responsible for any consequences that may result from the temporary or definitive deactivation or suspension of the services provided.

Modifications and nullity

WORKDECK S.L. reserves the right to modify these Terms and Conditions in the SAAS REGIME at any time in order to adapt them to current legislation at the time, to the evolution of technology, to prevent unlawful or fraudulent use of the Service, to offer quality products and services and adapt them to the technical obligations contracted with third parties and that are essential for the provision of the contracted services.

The new Terms and Conditions will be understood to be fully applicable between the parties and shall replace all previous conditions if the Client continues to use the contracted service or does not express its opposition to them by means of a written notification to WORKDECK S.L. within 15 days from the date of publication of the new conditions on the website http://www.workeck.com or in the clickwrap process of the affected versions.

WORKDECK S.L. also reserves the right to modify, in any way, the features of WORKDECK®, always as part of the development and improvement of the product itself and notifying any modifications via newsletter. WORKDECK S.L. it will make these modifications whenever they are of benefit not only to the development of new technologies, but also to the operation of the company and of the product and services offered.

If any provision of these Terms and Conditions is declared null or void, in whole or in part, by any court or competent authority, the remaining stipulations will remain valid, unless the parties mutually agree to terminate the contracted services.

Updates

Adaptation of the “WORKDECK® ONLINE APPLICATION” in the event of any necessary modifications required to adjust the program to the new provisions of any legally binding regulations, without affecting the applicable billing rights.

Correction of any dysfunctions that may be detected in its current version.

Implementation of the service will be made by common agreement with the Client/user, who will be responsible for its approval via downloads of the updates from the Internet.

This Agreement INCLUDES the deployment of the latest versions of WORKDECK ® that are released while this Agreement is valid. These updates are exempt from responsibility for any unwanted later functionalities.

Each update is of COMPULSORY IMPLEMENTATION and it will be notified in writing to the beneficiary through a notification via the system.

The training between versions will be provided via documentation, online videos, and also the option of customised training plans upon request of the Client.

TRAINING SUPPORT and TECHNICAL SUPPORT will be performed based on the latest commercial version. IMPORTANT: The operability of the PUBLIC WEBSITES with WORKDECK® feeds may vary minimally between versions, whereby an evolution in relation to graphics and certain behaviour of their public areas may be likely as the WORKDECK® application evolves.

ADAPTATION OF PUBLIC WEBSITES connected to WORKDECK® will be evaluated separately.