These are the terms and conditions of Xpert Technologies, a company registered in England and Wales under company number 11252946, and with registered office at Salhan House, 5 Victoria Square, Droitwich Spa, England WR9 8DF (the “Company”). These terms and conditions apply to any user (“you”) of the HR software provided by the Company (the “Service”).
By using the Service, you are deemed to accept these terms and conditions, and a legally binding contract is formed between the Company and you. If you do not accept these terms and conditions, please do not use the Service.
By signing up for the Service on behalf of your company or organisation, you confirm that you are authorised to represent the legal entity, you accept these terms and conditions on behalf of that entity, and references to “you” throughout these terms and conditions includes such legal entity and its employees, agents and affiliates.
These terms and conditions were last updated in August 2021. We may amend these terms and conditions from time to time, and such amendments shall apply to your use of the Service. Please check back regularly to ensure you are aware of the terms and conditions that apply to you.
The Company grants to you a non-exclusive, non-transferable, non-sub licensable, royalty-free licence to use the Service, subject to these terms and conditions (the “Licence”). The Service may be accessed by you via a web browser or other device owned or controlled by you. The Service is designed to allow you to manage human resources matters, including holidays, absences and other employment-related data.
You shall use the Service for the processing of your own data, and for the data of individuals within your organisation, for internal business purposes only.
This Licence is not deemed to extend to any other programs or materials of the Company, other than the Service, unless specifically agreed in writing by the Company.
You acknowledge that you are licensed to use the Service only in accordance with these express terms and conditions, and not further or otherwise.
The Company may modify, add or remove functionality of the Service from time to time, without liability to you or any third party.
The Licence comes into force when you purchase a subscription to use the Service, and remains in force for one year (a “One Year Term”). At the one year anniversary, the Licence automatically renews for a subsequent One Year Term, unless and until you provide us with 30 days’ notice to terminate at the end of a One Year Term.
You are solely responsible for the cancellation of your subscription. You may cancel at the end of a One Year Term, as per clause 2.1 above, by emailing Support@leave-management.co.uk
The Company may suspend your access to the Service, and terminate the Licence, at any time where you have materially breached these terms and conditions (which includes failing to make payment). Where the Company does so, no refunds will be provided for the then-current month of your subscription.
Where your Licence ends for any reason, you will no longer have access to the information stored on the Service. The Company has no obligation to maintain any of your data following termination, and is permitted to delete it once your Licence ends.
The Company is not obliged to provide copies of the Service (including copies of any source code) to you.
You agree to use the Service in compliance with applicable law and regulation.
You are specifically restricted from all of the following:
The Company will provide you with basic support, at no additional charge, via the website for the Service.
The Company uses commercially reasonable endeavours to ensure the Service is available 24 hours a day, 7 days a week, but is not liable for any downtime or where the Service is not available to you. Circumstances may occur that are outside the Company’s control (including but not limited to acts of God, floods, fires, earthquakes, pandemics, civil unrest, acts of terror, failure of internet service providers or other third party contractors), and the Company is not responsible for failure to provide the Service in such circumstances.
The Company has implemented, and maintains, safeguards to ensure the protection and security of your data that is uploaded to the Service. The Company complies with applicable data protection legislation, including the UK Data Protection Act 2018. For more information on how the Company processes and stores personal data, please see the Company’s privacy policy, which can be found here http://xpert-technologies.co.uk/privacy-policy The Company’s privacy policy is hereby incorporated into these terms and conditions.
You are responsible for the quality, accuracy and completeness of your data. The Company does not verify or evaluate your data, nor does the Company advise you on any employment-related matters in any way.
The Company provides certain generic information on the Software, including but not limited to types of employee leave and dates of statutory holidays. It is your responsibility to ensure that this information is correct for your organisation.
Your subscription to use the Service renews automatically on an annual basis. Subscription payments are made on a monthly basis, in advance. Pricing is per employee, with a minimum of one user (being the employer itself) during the term of the Licence.
Throughout the Licence, you may increase or decrease the number of employees that have access to the Service, provided that the one user minimum shall be maintained for the One Year Term.
Pricing is as advertised on the Company’s website. Pricing for each year is fixed for that One Year Term, but on renewal, will be increased in accordance with any price increases that the Company has implemented.
The Company reserves the right to, but is not obliged to, offer free periods to use the Service. Where the Company does so, it is the Company’s right, at its full discretion, to impose fees or remove access to the Service, at any time.
Your payment method will be charged once per month in relation to your subscription. The Company will email you a receipt when your card has been charged. It is your responsibility to ensure that your payment method is kept up to date. If your payment method is out of date, and the Company has been unable to contact you to update your payment method, your access to the Service will be suspended until updated.
The Company provides no refunds for partial use of the Service over a One Year Term.
All fees are exclusive of value added tax or any other sales tax.
The Company retains all right, title and interest in and to the Service, including the intellectual property rights therein (including its source code).
The Company may collect, use and disclose your transactional and performance data related to your use of the Service, provided this does not include personal data or business sensitive data, and does not reveal your identity.
You retain all right, title and interest in the data you upload to the Service.
From time to time, the Company may make other documents, designs or materials available to you through your use of the Service (“Additional Materials”). Where the Company does so, the Additional Materials shall remain the sole and exclusive property of the Company, and you shall have a non-exclusive, non-transferable, non-sub licensable, royalty-free licence to use the Additional Materials during the term of the Licence.
The Company may disclose your name as a customer of the Service in its marketing materials, unless you have requested that the Company does not do so.
The Company represents and warrants that:
The Company disclaims all other warranties, express or implied, including implied warranties or merchantability or fitness for a particular purpose, with respect to the Service or any Additional Materials. The Company does not warrant that the Service will be uninterrupted or error-free.
Neither you nor the Company will be liable for any indirect, special or consequential loss arising under these terms and conditions.
The Company’s liability arising under, or in relation to, these terms and conditions shall be limited to the total fees paid by you during a One Year Term.
You agree to indemnify and hold harmless the Company against any costs, damages, expenses, losses and other liabilities incurred as a result of a third party action, claim, demand, proceeding or suit where this arises from or in connection with your use of the Service in violation of these terms and conditions, or any employment decision or action you take due to information available through your use of the Service.
The Company accepts no liability for any employment or other decision you may take as a result of your use of the Service. In particular, the Company is not responsible for any employment disputes. Where the Company provides Additional Materials to you, these are for informational purposes only, and the Company does not warrant or represent that they are suitable for your specific business or your purposes. Where the Additional Materials include legal documents, the Company advises you to obtain independent legal advice before using such documents.
The Company agrees to indemnify you and hold you harmless against any costs, damages, expenses, losses and other liabilities incurred as a result of a third party action, claim, demand, proceeding or suit where this arises from or in connection with your use of the Service where this infringes the intellectual property rights of a third party. This indemnity shall not apply where you have used the Service in an unauthorised or modified form.
From time to time, the Company may offer you access to expert professionals to ask employment and HR-related questions. Where such experts provide you with advice, this is a direct relationship between you and the expert, to which the Company is not a party. The Company accepts no responsibility or liability for such advice.
If any part of these terms and conditions is or becomes invalid, illegal or unenforceable, it is deemed to be deleted, and the rest of these terms and conditions shall remain in full force and effect.
No third parties are provided with any rights under these terms and conditions, and the Contracts (Rights of Third Parties) Act 1999 does not apply.
Either party may give notice to the other party by sending an email to the last email address notified to the other party. Time of delivery is deemed to be the time of transmission. This shall not apply to the service of legal proceedings.
These terms and conditions, and any non-contractual obligations arising hereunder, shall be governed and construed in accordance with the laws of England and Wales, and the English courts shall have exclusive jurisdiction to deal with any dispute arising hereunder.
Company number 11252946
Registered office address
Salhan House, 5 Victoria Square, Droitwich Spa,Company number 09589167
Registered office address
54 Hagley Road, Edgbaston, Birmingham,Xpert Leave Management. All Rights Reserved.