Terms of Service

These terms are effective as of April 3, 2023.

Introduction

Welcome to the terms of service of our platform that is being run by Along Peopleware d.o.o., being headquartered at Savska cesta 106, Zagreb, Croatia and with the VAT number HR01746086877 (hereinafter referred to as "PontaHR"). The Terms of Service (the "Terms") you see laid out before you describe your rights and responsibilities when using our end-to-end platform for employee lifecycle management. Our vision for PontaHR is to provide an all-in-one Applicant Tracking System (ATS) and Human Resources Information System (HRIS) solution for small and medium businesses.

By accessing the service, registering on the service or by using the contents of the service, you enter into a contractual relationship with PontaHR and confirm you have read, understood, and accepted these Terms.

Definition of Terms

When we say "PontaHR", “Company”, “we”, “our”, or “us” in this document, we are referring to Along Peopleware d.o.o. Nice to meet you!

When we say “Services”, we mean any product, website or application created and maintained by Along Peopleware d.o.o. That includes any instance of PontaHR, whether delivered within a web browser, desktop application, mobile application, or another format.

When we say "User" or "Organization", we mean any person and/or company that is using PontaHR to fulfill their busines needs.

When we say "Candidate", we mean a person who is applying for a job listing posted by one of our users.

Registration

To use PontaHR as a User, you will need to create an account. When you are setting up your PontaHR account, you will be asked to provide an email and password. If you are setting up an account for your organization, you will be asked to provide your organization name and preferred subdomain. When joining an organization, you will be asked to provide your first and last name. You are able to provide your personal details on a per-organization basis.

You are responsible for the accuracy and validity of the data submitted during the registration.

You are responsible for maintaining the security of your account and password. PontaHR cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all content posted and activity that occurs under your account. This includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.

You must be a real human being. Accounts registered by “bots” or using other automated methods are not permitted and are subject to immediate termination.

Pricing, Payments, and Cancellations

1. Your use of PontaHR is free during the "Trial Period”.

2. When upgrading your account to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.

3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.

4. In general, we are pretty flexible with refunds and we offer them on a case-by-case basis. If you want a refund, get in touch with us via our support channels and we will discuss the terms of your refund.

5. If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle. You will continue to enjoy the benefits of the paid plan until the end of your current billing cycle.

6. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

7. Any fees owed to us by Customer (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, block access to our Services until those amounts are paid in full, so long as we have given Customer ten (10) or more days’ prior notice that their account is overdue.

Termination

PontaHR or the User may terminate the account of the User and/or Organization on notice to the other party if the other party materially breaches the terms and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. Organizations are responsible for their Users, including for any breaches of these terms caused by its Users.

We may terminate the Agreement immediately on notice to User if we reasonably believe that the Services are being used by the Organization or its Users in violation of applicable law.

During the subscription term and any renewal terms, you may choose to cancel your subscription early. However, in this case we will not provide any refunds and you will promptly pay all unpaid fees due through the end of the subscription term.

Upon any termination for cause by the User, we will refund the User any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination.

Upon any termination for cause by PontaHR, Customer will pay any unpaid fees covering the remainder of the term of those subscriptions after the effective date of termination, i.e. we will be entitled to keep all prepaid fees.

In no event will any termination relieve Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.

Copyright and Content Ownership

1. We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.

2. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.

The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of code, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logo or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Service.

4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.

5. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Uptime, Security and Privacy

For all of our services, PontaHR will use any and all commercially reasonable efforts to make sure that all of our services are available 24 hours a day, 7 days a week, 365 days a year (+ the one leap day here and there) excluding any planned downtime. We do not expect to have frequent planned downtimes, but we will always make sure to provide all of our Users with advance notice if we expect the downtime to last more than ten (10) minutes.

We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.

We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.

At PontaHR, we deeply value the trust you place in us, and we are committed to ensuring that your privacy and confidentiality are our top priorities. Your privacy is protected in accordance with our Privacy Policy.

Liability

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

Publicity

By being one of our customers, the User grants PontaHR the right to use their company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers. If you do not wish to be used as a reference, we will respect your decision. Make sure to reach out to us via email and request the removal of your organization as our reference.

Force Majeure

Neither PontaHR nor the User will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

Updates to the Terms

PontaHR may update these Terms from time to time in response to legal, technical, or business developments. When we update the Terms of Service, we will take appropriate measures to inform you, consistent with the significance of the changes we make. You can see the date these terms were last updated at the top of this page.

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