Terms

Works™– Terms of use

A part of the agreement

As customer at Works you accept our General Terms and Conditions, as a binding part of the agreement. This applies regardless of whether you have accepted the agreement in connection with a purchase or if you have accepted the agreement by your use or access to Works™’ products or services.

Our General Terms and Conditions have been updated with effect as of 18 October 2018. If you have become a customer after this date, you are subject to these terms and conditions. If you are an existing customer, these terms and conditions will apply to you as of 18 October 2018.

All agreements are entered with companies, either in sole trader or corporate form. When you register as a customer at Works™, you confirm that you have authorisation to enter into the agreement on behalf of your company. As the agreement concerns a business purchase, the normal conditions on cancellation rights for online purchases do not apply.

When we refer to you in our General Terms and Conditions and Supplementary Terms and Conditions we are addressing you, your company and anyone you in a legitimate manner provide with access to a product or service from Works™.

Payment

Upon the purchase of a Fixed Fee-product via our website, you simultaneously sign up for a subscription, which is valid until it is terminated. The price that you must pay every month for your subscription is stated in your order confirmation.

If you have been offered a trial-subscription, free of charge or with a discount, you accept that this subscription automatically becomes a regular subscription by the end of your trial-subscription.

Works™ retains the right to adjust the prices of our subscriptions or any other terms and conditions with one month’s notice.

Payment occurs in accordance with your subscription, either by your invoice submission or by your entering of your credit card information through an associated external payment service. Note that fees may be charged by payment services used by Works™.

If you pay with credit card or similar payment methods, you are required to keep your payment information updated. You authorise Works™ and our external payment service to withdraw the agreed amounts on your credit card. In case of termination, you accept that Works™ or our external payment service withdraws any remaining claims. Prepaid amounts may be used as set-off for any claims. 

Unless otherwise stated in your order confirmation, invoice, written agreement or in the Supplementary Terms and Conditions, all payments are due immediately in connection with your order of a subscription and in all cases at the latest when you use the product or service. In case of non-payment and if you do not update your payment information, Works™ is entitled to suspend or close your access to any product or service.

If you choose to upgrade your subscription in the middle of the subscription period, the difference is calculated and withdrawn proportionally.

If you choose to downgrade your subscription in the middle of the subscription period, you receive no reimbursement or credit. Downgrading may result in loss of content, functionality, products or services which previously were accessible to you. Works™ is not responsible for such losses.

Any unpaid invoice for Works™’ services or products which is not paid within 30 days is subject to an interest of 1,5 % per month, until we receive your payment. You must pay Works™ in accordance with the agreement and the conditions stated in your order confirmation, together with our General Terms and Conditions and Supplementary Terms and Conditions.

All our prices are excl. VAT, taxes, fees, costs and expenses, unless otherwise explicitly stated in writing in our agreement.

Termination

You can terminate the agreement at any time by contacting Works™ on hello@works.hr.

When a subscription is terminated it runs until the end of the following month, determined by the day Works™ receives your written termination.

Works™ reserves the right to change or terminate your access to our platform or parts hereof without warning, and to terminate your subscription in case of non-compliance with our terms and conditions, misuse or attempts of misuse.

Works™ cannot be held responsible by users or any third parties for changes, amendments to pricing, suspension or termination of our platform.

If you terminate your Works™ subscription or if your subscription is terminated by Works™ in accordance with our General Terms and Conditions your templates, drafts, documents and other material may be deleted or made unavailable.

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Rights

All services and products delivered or made available by WorksTM including our website, apps, software, texts, graphics, icons and photos belongs to Works™ or our business partners. The content is protected under the Danish Copyright Act and other legislation.

All names, logos and trademarks on our website is owned by Works™ or our business partners and may only be used with prior authorisation.

During the subscription period and presuming that you satisfy the requirements of the agreement and our General Terms and Conditions, you have a limited right of use for internal purposes to the products and services included in your subscription. You do not have the right to use Works™’ services and products to market, deliver or sell your own products and services. Unless otherwise stated in your subscription, it includes a single user license.

As user of Works™’ services, it is important that you are aware of the conditions applying to the services and products which you have received or gained access to from Works™:

Download, copying or other forms of diffusion or display of Works™’ products or parts hereof, is only permitted for your own personal non-commercial use without other prior agreement with Works™. Unauthorised copying, diffusion or public display etc. by Works™’ products or services, including content from Works™’ website, HR Documents, HR Wiki or parts hereof, is in violation with the Danish Copyrights Act and may give rise to civil and criminal sanctions.

You may under no circumstances (a) give license or sublicense, sell, resell, transfer, give or otherwise commercially exploit or make Works™’ services available to any third party other than your employees, provided that this occurs for internal purposes; (b) modify, process or hack Works™’ services or otherwise attempt to gain unauthorised access to our services and related systems and networks; (c) incorrectly imply that you are co-operating or otherwise associated with Works™; (d) use Works™’ services in an illegal manner; (e) use Works™ to send unsolicited, repeated or unauthorized mails; (f) use Works™’ services to store or transmit files, material, data, text, audio files, video, images or any other content that may violate another person’s intellectual property rights; (h) attempt to decompile, decipher or otherwise obtain information about our software source code; (i) use Works™ to publish, transmit, link, upload, send or store illegal, hateful or discriminatory material.

Works™ and our business partners reserve and retain any rights to our website, services and products. You obtain a limited user license and you do not become owner of Works™’ copyrights, know-how, ideas, concepts, information or tools. Works™ reserves the right to change the content and functionality of the products and services which we provide and make available.

You are responsible for acting in accordance with the conditions of the agreement and our General Terms and Conditions and to ensure that any form of use of Works™’ services takes place in accordance with current legislation, privacy policies, agreements and other obligations that you are subject to. It therefore remains your responsibility to ensure that Works™’ services and products are sufficient and appropriate for your particular purpose.

Data policy and marketing

As customer you accept that Works™ contacts you via the e-mail or phone number you have provided in your profile concerning customer support, marketing, surveys etc.

See how we process the personal information we receive from you in Works™’ Data policy.

Responsibility, disclaimer and insurance

We are liable for damages in accordance with Danish laws general rules, for any loss that our advice may inflict on you. We have a liability insurance in a recognised insurance company.

Our responsibility does not include operating loss, loss of profit, goodwill or similar indirect losses. In addition, the following limitations apply to our responsibility:

  • Works™’ responsibility for advice in connection with the task cannot exceed the coverage of our liability insurance.
  • You can only raise claims against Works™ and not against any consultant or employee.
  • Works™ is not responsible for advice provided by your other advisors. This also applies if your advisors have received Works™’ services and products.
  • If you get access to Works™’ services or products in a beta version, free of charge or through a discount, you accept that all or parts of Works™’ service or product will not function in periods. Works™ is not responsible for the use of our services or products in a beta version.
  • Works™ is not a party to any agreements or obligations that you enter by your use of our products or services. Works™ is therefore not responsible for breach of or disputes concerning any agreements or other obligations or the validity, enforcement, non-compliance or result of any agreement or other obligations.
  • Works™ is under no circumstances responsible for your use of the website or Works™’ other products and services including the loss of revenue or data, operating loss, interruptions or similar forms of loss. Works do not guarantee up-time.

Non-transferability

These conditions and the rights you obtain are personal for the company you represent and cannot be transferred in case of change of company or transferred or assigned to others.

Any attempt to transfer or assign these conditions or rights is considered invalid.

Governing law and venue 

These terms and conditions and your use of Works™’ website are governed by Danish law.

Any dispute arising under these terms and conditions or as a result of your use of the website shall be settled by Copenhagen City Court.

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Supplementary Terms and Conditions

The General Terms and Conditions apply to all products and services unless otherwise agreed explicitly in writing. The Supplementary Terms and Conditions supplement the General Terms and Conditions for specific products.

Supplementary Terms and Conditions for HR Documents

As Fixed Fee-customer, you have a single user license to the HR document system (HR Documents). As user of HR Documents, you have access to the templates included in your subscription and to draft, send and archive your own documents. You only have a single user license to the templates which only applies for as long as your subscription is active. You do not become the owner of these templates.

HR Documents are delivered via the platform ContractBook. When you register as a user of HR Documents you automatically register as a user of ContractBook, where you accept Contractbooks’ terms and conditions.

All documents and templates that you have access to are stored in HR Documents for as long as your subscription and account are active.

As user of HR Documents, you must be aware that Works™’ templates are standard documents which cannot be edited.

If you have any special requests to the content of the templates, you can order customized templates against separate payment. Customized templates are not monitored automatically but monitoring can be added against separate payment. Feel free to contact our HR Hotline if you have any questions concerning the templates.

Supplementary terms and conditions for HR Hotline

If your subscription or agreement includes access to our HR Hotline, you have free access to our HR Hotline. As user of our HR Hotline, you can receive advise and competent feedback on all legal issues concerning HR and contact us with questions concerning the templates available in HR Documents.

Through Works™’ HR Hotline we can assist you within the following areas:

  • Recruitment
  • Clauses
  • Salary and bonus
  • Sickness and vacation
  • Maternity
  • Changes of terms
  • Terminations
  • Personnel policies

When you use our HR Hotline, we can assist you with questions concerning HR and HR-law, which can be addressed by phone or via a shorter e-mail without further analysis or review of documents. We will inform you if your question falls outside the scope of the HR Hotline and will instead provide you with a separate offer to assist you with the project.

When you contact the HR Hotline, we will ask you to provide us with your name and the name of the company you are calling from to confirm your membership.

If you are calling the HR Hotline from a foreign phone or from abroad, and it results in a cost to Works™, you agree that this cost may be charged to your subscription.

Works™ collects questions from the HR Hotline in an anonymous form under a “Frequently Asked Questions” or FAQ on our website or in connection with our products or services.

Supplementary terms and conditions for HR Projects

HR Projects include any form of advice, consultation or service performed by Works™ that is not covered by a subscription.

For larger HR Projects, we usually prepare an order confirmation. When we have issued an order confirmation our General Terms and Conditions constitutes the contractual basis together with the order confirmation. For smaller projects, for which no order confirmation is issued, our General Terms and Conditions and our Supplementary Terms and Conditions constitute the contractual basis for your order.

When you enter an agreement with Works™, we agree to collaborate in good faith to reach a satisfactory result in a timely and professional manner.

We deliver the HR Project through qualified employees and consultants and/or external business partners. Works™ will supervise and control the delivery of the HR Project. By entering the agreement, you are required to assist us by providing us with the necessary material to facilitate the delivery of the HR Project. Neither Works™ nor our external business partners are responsible for your actions or omissions.

Our advice is always focused on the specific projects and Works™’ advice cannot be used for other purposes without our explicit authorization. We are solely responsible for the advice we have provided unless otherwise agreed. 

In the order confirmation, we usually provide you with the estimated or fixed price for the performance of Works™’ service or product. In all other cases, we charge for the time spent in accordance with our applicable hourly rates. Our hourly rates are annually adjusted and are forwarded upon request. Each order confirmation contains a calculation of time, expenses and other costs.

Works™ strives to deliver our services and products at the agreed price but informs you as soon as possible, if this is not feasible. Hereafter, you will receive a new order confirmation which you can accept or reject. Unless you reject the amended order confirmation within 5 days it is considered accepted by you.

You must cover any expenses incurred by us in connection with the execution of our service or product including travels, stays, communication and other expenses. The costs must be paid to Works™ within 6 days after you receive your invoice. Works™ retains the right to reject the delivery of a product unless or until you have prepaid the amount due.

Payments are settled either on an ongoing basis or once the task is completed. We can request for prepayment when it concerns expenses and costs in connection with the execution of a project or ongoing advice in relation to larger projects. Payment for HR Projects is due 6 days from the date of the invoice, where after interests are calculated pursuant to the provisions of the Danish Interest Act. Prepaid fees, expenses or costs may, along with any interest, be used to settle upcoming payments and cover any costs.

If you want to change the scope of an HR Projects, the changes must be discussed with Works™ which will adjust the order confirmation accordingly if the changes are accepted. The price may be adjusted in accordance herewith and Works™ is neither required to perform nor deliver the new or supplementary services until an agreement hereon has been concluded.

If you terminate, cancel, annul or make changes to your order, Works™ is entitled to invoice orders at a fixed price with the full amount. Orders which are settled according to our hourly rates or pursuant to an estimate are invoiced pursuant to the actual time spent, regardless of whether the time has been spent to prepare the project.

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