These terms of use ("Terms of Use" later in this document) apply to the web services ("Web Services" later in this document) produced by Tustor International Ltd. ("Staffing Automation Finland" or "SAF" later in this document) and maintained at http://www.henkilostovuokrausjarjestelma.fi.
Upon registration the company, community, natural or legal person (we write "User" later in this document) who uses the Web Services agrees with and accepts these Terms of Use to be able to use the Web Services. The Terms of Use apply to all User IDs that are under the control of the User.
The User must fill in the contact details of their User Account. This information is used when delivering technical support.
The Web Services may be usable with or without registration. By using the Web Services the User accepts the currently valid Terms of Use which are available at the Web Services' website. Use of the Web Services is allowed only to the User who accepts the Terms of Use.
Upon registration the User declares to be aware of the Terms of Use and to agree with them. To register to a paid web service, the User must be over 18 years old or have the consent of their parent or legal guardian.
SAF may require the User to provide certain information upon registration. Upon registration the User gets the User ID and password that are required to use the Web Services. The User IDs provide access to the user information. Contact information that is provided by the User is used eg. when changing the password. SAF reserves the right to change the User IDs and passwords by informing the User of the changes.
The User ID and password are personal or organization-specific and it is not allowed to give them to a third party. The User has the right to manage more than one company or organization within the Web Services. The User is not allowed to grant the right to use the Web Services to another organization without the written consent of SAF.
By registering to the Web Services the User gives SAF the right to check the creditworthiness of the User. SAF reserves the right to prevent the use of a paid Web Service when it has found problems in the creditworthiness of the User or in any other justifiable reason.
SAF may refuse to give, or may cancel, the right to use the Web Services without informing the User if the User has acted or acts against the Terms of Use, law or good manners.
The User has the right to terminate the use of the Web Services immediately. The User may take their own data that is stored in the Web Services eg. in HTML, Word, Excel, PDF, CSV or paper form. On the request of the User, SAF may assist with the processing of information for a fee. For unused prepayments refund we will charge 25 € commission / time + 15 % of the refundable total. The commissions are not refundable. The easiest way to avoid too many commissions is to make prepayments for a longer time period at once in which case there are less commissions to be paid.
In principle the Web Services are available 24 hours a day. SAF does its best to ensure that the Web Services are available to the User continuously and without problems. In case of problems related to the server or its internet connection, SAF begins to investigate the issue within four (4) hours of the problem report.
SAF may place ads or banner ads on the main page and on the login/logout pages. However, ads are not placed on pages where actual working is carried out when the User pays for the use of the Web Services.
The Web Services work best with Firefox browser versions 7 and 9+. The Web Services also work partially with Google Chrome, Microsoft Internet Explorer 8.0+, Safari 5+ and Opera 10.63+ browsers. The Web Services are optimized to work with the Firefox browser so especially power users (eg. work shift planning) should stick with it. The Web Services likely work in any other recent browser that has JavaScript support enabled. In other browsers than Firefox there are some individual deficiencies which may hinder the User (eg. slowness when using Internet Explorer and the missing of some features). Safari works only in the 'private browsing' mode and we recommend also Apple users to use Firefox on their computer. For other browsers than Firefox it is possible to buy a separate compatibility guarantee, for which the cost is dependent on the browser brand and version number.
The physical requirements of the computer depend on the intended use of the SAF application in your organization. Especially the so-called power user who handles lots of employee, application, customer and work shift data, needs a powerful computer. Recommendation for power users is a computer that has at least 3GB of RAM and a modern processor. A bigger display should be considered when handling large work shift lists.
In problem or error situations SAF serves the customer via email in the order of requests from Monday to Friday 9:00 – 16:00 Finnish time. SAF customer service email address is support@staffingautomation.com.
SAF reserves the right to temporarily disable the Web Services or any of its parts for maintenance, hardware upgrade, public order and security, system overload or any other necessary reason. SAF's intention is to limit the break to as short as possible. When it is possible the break will be announced in advance. SAF will not give any direct, implicit or indirect guarantees for the correct operation of the Web Services.
SAF develops the Web Services continuously and reserves the right to change them and their content as part of their normal operation as they see fit. SAF also reserves the right to terminate the production or providing of the Web Services or any of their parts by announcing it to the User 3 months in advance. SAF intends to inform the User in advance about changes or breaks that are relevant to the User.
Summary: SAF produces and maintains the system and gives support in its use (basic customer support, or hourly charged customer support orders) but the User is responsible for the use of the system, its settings, its results and the tracking of its correction. If customer-specific changes are made to the SAF application, SAF tests the changes but the customer is responsible for accepting the changes and their applicability for their intended use.
SAF is responsible for the server maintenance, its service, its internet connections and backups, and the costs of these operations. SAF manages the copyrights and other intellectual properties of the content of their Web Services. SAF is bound only by the mandatory laws in relation to the correctness, quality or usability of the content provided by the Web Services, or any free or paid service produced by SAF.
Parties and their personnel shall not disclose any trade secrets or any other issues about a party and engage in using them only when the Web Services require it. The duty of confidentiality continues also after the contractual relationship between the parties has ended, and stays as long as the information remains confidential for its source. The parties are also responsible for taking care that their personnel comply with the duty of confidentiality.
However, the duty of confidentiality is not applicable to information that (a) is commonly available or public, and for which the receiving party has not broken the duty of confidentiality; (b) the party has got from a third party without the duty of confidentiality; (c) the receiving party had without the duty of confidentiality before they got it from another party; (d) the party has individually developed without using information from another party; (e) the party is obligated to disclose in accordance to a law, regulation or judicial decision.
The User is responsible for their own client computers, their installation and their connections to the internet, and the costs of these operations. If any changes that SAF has made to their Web Services require changes to the User's computer hardware or software, the User is responsible for making these changes and paying for them on their own.
The User is responsible for using the SAF system and also for its settings, its results and tracking its correctness. The user is also responsible for taking care of the documents that are required by Kirjanpitolaki (law about accounting) and for fulfilling the durations for which they should be preserved.
If customer-specific changes are made to the SAF application, SAF tests the changes but the customer is responsible for accepting the changes and their applicability for their intended use.
The User is responsible for the use that happens by User IDs that are connected to their User Account. The User is responsible for connecting the User IDs to their User Account, and the User is also responsible that the use that happens by the User IDs complies with these Terms of Use. Especially The User is responsible that the users of the User IDs that are connected to the User Account are aware of these Terms of Use and that the users know that their personal information is given to SAF. SAF may make changes to these Terms of Use, so the User is responsible for reading the Terms of Use periodically.
The User is responsible that the information they have given is correct, and is obligated to report any changes to the information to SAF. The User is responsible for any damage, errors or delays that happen because the information they have given is incorrect or out of date. The User is responsible for compensating any damage suffered by SAF that follows from acting against the law, judicial decisions and guidelines, or these Terms of Use.
The User agrees to keep in secret the passwords to the Web Services. The User is responsible for keeping the User IDs and passwords in secret and for any use that happens by them. If a password or a User ID falls to the wrong hands, the User shall immediately report it to SAF's customer service. Moreover, the User shall regularly change their password to ensure confidentiality.
The User who uses a paid service is obligated to pay for the use in advance in a way that is expressed by the Web Services (eg. bank transfer, e-payment, credit card payment).
In certain parts of the Web Services the User is given the possibility to send material to SAF or to distribute it by using the Web Services (for example to discussion forums). The User is responsible under the Finnish law for the content of the distributed material. If the User sends any material to SAF or saves or in any other way distributes the material by using the Web Services, then the User shall ensure in advance that the material (a) does not contain anything that is illegal, inappropriate or unfit for publication, (b) is in accordance with good manners and does not violate the privacy or reputation of any person, and (c) does not contain viruses or other harmful features. The User is responsible for both SAF and the third parties that the material which is sent for publication is not against the copyrights, trademarks or any other intellectual properties of the third party, and that it does not contain anything illegal or in any other way unfit material for publication. The User is also responsible for their right to either publish the material themselves or to give the material away for publishing. The User also agrees to not take any action against SAF in relation to the material that the User has sent to SAF or distributed by using the Web Services, and agrees to assist SAF with the possible criminal charges filed against SAF or any other charges made by the third party that are related to the material that the User has sent to SAF or distributed by using the Web Services, and compensating any costs and damages suffered by SAF, including reasonable attorney fees.
SAF's Web Services may contain links to additional information or other external services provided by third parties. The User shall pay attention to the URL of the service in use in order to be aware whether the service is part of SAF's Web Services or if it is an external service provided by a third party.
Such third party services have their own terms of use, and generally they also tend to have their own external customer service. If the User has problems with a third party service, we ask the User to directly contact the third party.
The Web Services provided by SAF may be free or paid, and the Web Services explicitly specify which services are paid. Before July 2009 the registered Users had access to the paid features of the Web Services for free for 90 days counting from the date of registration. After the beginning of July 2009 the free trial period is 30 days counting from the date of registration. After the free trial period the paid features simply stop working unless the User wants to continue using them by paying for the services.
The use of paid Web Services requires that the User makes advance payments for their use. Advance payments can be made directly from the Web Services by using a credit card or bank transfer. Paid Web Services are charged by reducing the advance payment balance by the amount of use that is measured monthly. Handling fee is paid each time an advance payment is made, and the amount of the handling fee is subject to SAF's price list that is valid for that date. When paying with a credit card the advances are immediately available for use after the payment transaction. The handling of a bank transfer takes a few working days. VAT tax is added to all prices.
SAF only charges for the actual usage, and not when the activated feature is not used at all. The Web Services keep a log of the usage of features and the usage history can be viewed from the Web Services panel that is used to manage paid features (eg. SAF's Basic settings tab).
Web Service fees can be paid with an e-payment feature in addition to normal bank transfers with a reference number.
Payment services are provided by Paytrail Oyj (2122839-7) in cooperation with Finnish banks and other companies that provide financial services. Payments made with Visa, Visa Electron or MasterCard cards have Paytrail Oyj as the direct receiver who then transfers the payment to the merchant. Paytrail Oyj has the license to work as a payment service provider.
Paytrail Oyj, Y-tunnus (business ID): 2122839-7
Innova 2
Lutakonaukio 7
40100 Jyväskylä
Phone: 0207 181830
Payment services related to e-payments are provided by Paytrail Oyj (2122839-7) in cooperation with Finnish banks and other companies that provide financial services. For the User the e-payment service functions like conventional online payments.
The paid features of the Web Services are services such as are defined in Kuluttajansuojalaki (law about customer protection) chapter 6, § 16, item 1. That is, the use of the services begins with the consent of the User electronically before the withdrawal period ends, and therefore there is no right of withdrawal for the paid features of the Web Services, such as is defined in Kuluttajansuojalaki (law about customer protection) chapter 6, § 15.
If the User wants to redeem unused advances, we charge for the refund of unused advance payments a 25 € commission / time + 15 % of the refundable total. Commissions or fees for services that are already being used will not be returned. Interest fees are also not paid for the capital of unused advances.
SAF reserves the right to change the price or the criteria for pricing of any service included in the Web Services, or change a service that is free to a paid service, or vice versa. Currently valid prices can be seen from the relevant pages of any single Web Service. The prices of the Web Services are rised annually based on the Customer Price Index (CPI) to which is added two percent points (+2%). However, the prices will not get smaller so the minimum change is 0%. The prices are updated annually in the beginning of January. Price changes that are not based on the CPI are announced 3 months in advance.
SAF's training, counseling and support services, as well as other services that are external to the Web Services like feature requests to the Web Services, are charged by an explicit case-specific agreement.
All content and layouts included in the Web Services are protected by the copyright law and other international treaties. All company names, trademarks, logos, product and service names, and slogans are protected by the trademark law, other intellectual properties, the Finnish law 'Laki sopimattomasta menettelystä elinkeinotoiminnassa' and other international treaties.
The ownership and copyrights of all material included in the Web Services are owned either by SAF or other service providers, or possible third parties. The only right to the Web Services given to the User is the right to use the Web Services by following these Terms of Use and possibly other service-specific terms of use.
With the exception of material that the User has supplied to the Web Services on their own, the User has no right to create copies of any material included in the Web Services or disclose any material to the public by distributing, transferring, presenting or displaying it publicly without the written permission of SAF, unless otherwise required by a mandatory law. The User has no right to create a new product or service based on the Web Services and its contents. When a mandatory law gives the right to do so, the User is responsible for mentioning the source of the material that is borrowed from the Web Services.
In certain parts of the Web Services the User is given the possibility to publish or distribute material by using the Web Services (eg. to discussion forums). The material that is saved to the Web Services by the User or distributed by using the Web Services does not represent the opinion of SAF or show that SAF agrees with the User or recommends to act according to the material. The User gives SAF unlimited, world-wide, irrevocable and free license to use the material that is being talked about in this section, including material published to discussion forums. This license, or right, to use the material includes the rights to change the products and hand over the rights to another party. For clarity, this license does not cover information related to the User's business, like work time reports or other information that is limited for the use of the User's User Account.
The User gives SAF the right to review the material sent to the Web Services for publishing, and to publish it wholly or in part, or changed in a way that SAF sees fit. However, SAF is not responsible for publishing the material at all and SAF has the right to delete already published material without having the User's consent.
SAF uses standard methods in the pursuit of protecting the information that can be used to identify the User. SAF intends to prevent the loss of information or its unauthorized use. We use many different methods to protect information but it has to be remembered that there is no "perfect security" in the Internet.
SAF uses certified server spaces that are located inside the European Union. Access to the server space is restricted only to the administrators whose security classification is high enough. SAF reserves the right to change the server space provider without announcing it or consulting the Users about it.
SAF makes a backup of the information stored in the server at least every other working day. The User has the right to ask for a backup of their data for a fee. In that case SAF has the right to charge the User for the time that is spent for preparing and sending the backup and for the tools used.
The Web Services and the web environment itself are not perfectly secure. The User is responsible for managing the security of their own information systems. The User is also responsible for obtaining and managing the condition of their computers, internet connections, and software, and that they do not cause harm or damage to SAF or third parties.
The HTTPS connection used by the browser is encrypted by using SSL, and disasters are taken into account by storing the backups to diverse geographic locations.
Briefly
SAF web service user register, which is maintained by SAF.
SAF (y-tunnus [business ID] 1739527-2)
Mannerheimintie 12 B, 5th floor
00100 Helsinki 10
Tel. +358-(0)9-6898 8222
Privacy of the User's personal information is an important issue to SAF. As part of the operation of the Web Services, SAF has to inevitably collect some information about the User. This privacy policy defines the collected information and what is done to it. Even though this description is long, we have prepared detailed rules so that the User could know as precisely as possible how we use the information about the User. This privacy policy applies only to SAF's Web Services.
By sending us information the User allows us to process and collect information about them.
The collected information is directly connected to our company's operation in the production of the Web Services.
In addition SAF automatically collects information that tells us how the User behaves on the website. This kind of information is eg. the previous and next URL addresses, the used browser and the used IP address. This information is used for improving the website and balancing the load between different parts of the Web Services.
If the User sends SAF emails or letters, or if other users or third parties send SAF information about the User, we may collect this information by identifying the User based on the User's personal information.
In principle we do not buy, sell, exchange or in any other way disclose any personal information to third parties.
Upon registration the User becomes SAF's customer and the User's information is registered to the user register of the Web Services. If the User is connected to multiple User IDs, then the User's name (firstname, lastname) and address (street address, postal code, city, country) are shared information between the different User IDs. SAF keeps the User information confidential and does not disclose it to third parties. The information in the user register of the Web Services may be used for giving customer support, managing the customer relationship, billing, examining the usage of the Web Services, and developing the Web Services. SAF agrees to not use the names of the User's companies as references on their website without the consent of the User.
Information about companies that have registered as Users may be used for SAF's direct marketing or SAF's opinion polls and market research. The User may be sent emails and text messages (SMS) related to the use of the Web Services, its development and new possibilities, or other applications and services provided by SAF or its group companies.
Under the current laws we cannot guarantee that the User's personal information is not disclosed against the principles stated above. For an example, some legal authority may demand us to disclose user information against this privacy policy, or some third party may illegally gain access to information transferred through the Internet. Therefore, even though we use standard security conventions for protecting the User's information, we cannot guarantee and the User should not expect that the User's personal information or any other kind of communication will always stay secure.
The registered User may view and change their personal information at any time. The User may delete all their information from the Web Services' database by notifying the SAF customer service about the issue (support@staffingautomation.com).
SAF will cooperate with legal executive authorities. We may (and the User gives us the right to) disclose information about the User to legal executive authorities as we see fit without asking the User for permission.
This privacy policy applies only to information about the User that we have collected ourselves. This privacy policy does not apply or make any claims about information that the User discloses to third parties or to their services. We recommend that the User sorts out relevant issues before disclosing personal information to third parties.
If the User or any User ID that is under the User's control has not logged in to the Web Services within 15 months, SAF has the right to delete all information about the User from the Web Services' database without informing the User in advance. When possible we inform about the deletion 4 weeks in advance.
THE WEB SERVICES AND ALL THE SERVICES AND PRODUCTS THAT ARE INCLUDED IN IT ARE PROVIDED "AS IS" AND SAF DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED. THE USER IS SOLELY RESPONSIBLE FOR THE USE OF THE WEB SERVICES.
THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO THE USER'S OWN INFORMATION SYSTEMS THAT RESULTS FROM LOADING MATERIAL (INCLUDING VIRUSES) FROM THE WEB SERVICES. ANY SUGGESTION OR INFORMATION, EITHER WRITTEN OR ORAL, THAT THE USER OBTAINS FROM SAF OR THROUGH THE WEB SERVICES IS NOT LEGALLY BINDING, UNLESS IT IS SPECIFICALLY STATED IN THESE TERMS OF USE.
SAF MAKES NO WARRANTIES THAT (i) THE WEB SERVICES OR ANY MATERIAL CONTAINED IN IT MEETS THE USER'S EXPECTATIONS, (ii) THE WEB SERVICES ARE AVAILABLE UNINTERRUPTED OR TIMELY, SECURELY AND WITHOUT ERRORS, OR (iii) THE INFORMATION OBTAINED THROUGH THE WEB SERVICES IS CORRECT AND WITHOUT ERRORS OR IN ANY OTHER WAY MEETS THE USER'S EXPECTATIONS.
IN POTENTIAL PROBLEM SITUATIONS THE USER MAY CONTACT SAF'S CUSTOMER SERVICE. IF THE USER'S ISSUE IS ABOUT THIRD PARTY SERVICES OR PRODUCTS, WE ASK THE USER TO PRIMARILY CONTACT THE THIRD PARTY'S CUSTOMER SERVICE.
NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER.
SAF (AND ITS SERVICE PROVIDERS) IS NOT LIABLE FOR ANY INDIRECT OR DIRECT DAMAGE INCLUDING DELAYS, OR THE LOSS OF INCOME, GOODWILL, RIGHT TO USE OR INFORMATION, OR ANY KIND OF FINANCIAL LOSS THAT RESULTS FROM (i) THE USE OF THE WEB SERVICES OR THAT IT COULD NOT HAVE BEEN USED; (ii) THE COSTS OF OBTAINING A REPLACING PRODUCT OR WEB SERVICE; (iii) ANY KNOWLEDGE OR INFORMATION THAT IS OBTAINED THROUGH THE WEB SERVICES OR FROM A MESSAGE THAT HAS BEEN RECEIVED THROUGH THE WEB SERVICES; (iv) ILLEGAL ACCESS TO INFORMATION OR ITS UNAUTHORIZED ALTERATION; (v) ANY OTHER CONDITIONS RELATED TO THE WEB SERVICES.
SAF may, but has no responsibility to review or moderate any views or opinions expressed on the Web Services' discussion forums or in other related forums, and SAF is not liable for them. Moreover, any general information, instructions or advice that is expressed in the Web Services is not meant to be juridical, commercial, medical, or any other kind of information that binds SAF in one way or another. Also this information cannot be used to make charges against SAF or another service provider.
Because SAF cannot monitor third party websites or services, SAF is not responsible for the entrance to these kinds of websites or services, nor their content, advertisement, products or other material that may be available through them. Moreover, SAF is not responsible or liable for any damages directly or indirectly, that results from using third party websites or services, or trusting the information expressed on them, or from content, goods or service available through them. SAF recommends the user to familiarize themselves with the terms of use, and other agreements, of third party websites and web services.
The User is responsible for compensating any damage to SAF that results from use that is against these Terms of Use, Web Service specific rules, or law.
Force majeure relieves SAF from its responsibilities related to the Web Services if it prevents the use of the Web Services or any of its part or makes it unreasonably difficult. Cases of Force majeure may be fire, earthquake, flood, explosion, strike or other stoppage, order of an authority, disturbances in energy delivery, raw material or equipment shortage, war, cable or communication problems caused by externals, or other cause that has not been known in advance and thus could not have been reasonably prepared for.
SAF makes an announcement about a Force majeure at the Web Services' website as soon as SAF has noticed it and when making of the announcement is possible.
Finnish law is applicable to these Terms of Use, the Web Services, service-specific terms and rules, and separate agreements made about a Web Service.
Disputes related to these Terms of Use, the Web Services, service-specific terms and rules, and separate agreements made about a Web Service, are aimed to be solved primarily by negotiations between the parties. If this fails, the disputes are settled in Helsingin käräjäoikeus (Helsinki district court). However, the consumer-customer has the right to file a suit against SAF in their home city's local district court. Moreover, the consumer-customer has the right to ask Kuluttajariitalautakunta (authority that assists in disputes between the consumer and business entities) for a solution to the dispute.
These Terms of Use become valid at 26.2.2013 and stay valid until further notice. These Terms of Use are applicable to all SAF's Web Services unless the parties otherwise agree in a written agreement. SAF may change these Terms of Use at any time without a separate announcement.
At any time SAF has also the right to limit the access to the Web services, or to terminate the providing or production of the Web Services or its parts or any services that are provided by the help of the Web Services.
SAF has the right to transfer their rights and responsibilities wholly or in part to a third party, to whom will also be transferred the business activities related to the Web Services, and do this without the User's agreement. SAF will announce this transfer in advance. Moreover, SAF has the right to transfer the capital resulting from the Web Services to a third party. After an announcement is made about the transfer of capital, further payments shall only be made to the party that received the transfer.
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