Terms & conditions
Employes is easy to use. That is why we have made our general terms and conditions as simple as possible. If you have any questions, feel free to contact us at info@employes.nl.
1. Who is who?
When you read 'you' or 'your' in these terms and conditions, we refer to you as the client of Employes or as a user of our platform. You are a user if, for example, you log in as an employee to view your payslips or update your details.
When you read 'we,' 'us,' or 'our,' we refer to Employes B.V. as the contractor and provider of the Employes platform. Employes B.V. is registered with the Chamber of Commerce under number 64254615 and is located at Wibautstraat 137D, 1097 DN Amsterdam.
2. When do these terms apply?
These terms apply to all offers we send you and all agreements we enter into with you. They also apply to anyone using Employes or its trial account. Deviations from these terms are only valid if agreed upon in writing.
By using Employes, you acknowledge that you have read and accepted these terms and conditions.
3. How is our agreement established?
You can create an account online with Employes. By doing so, you agree to our terms and conditions. This establishes the agreement for using Employes.
4. What rates apply?
On our website, you can find the applicable rate for each package and the included functionalities. In addition to a fixed subscription fee, we charge a fee for each employee for whom you file a payroll tax return, including cases of zero declarations.
If you create a trial account, you can use Employes free of charge until activation. The payment obligation begins when the first payroll tax return is filed. All prices are exclusive of VAT.
5. How does payment work, and what happens if you pay late?
The payment term for each invoice is 21 days unless otherwise stated on the invoice. You pay the invoice via direct debit. If the debit fails, we will send you a payment request.
If you pay late, we may charge statutory interest and collection fees. We also have the right to terminate the agreement or block certain functionalities until payment is received. This will always be preceded by a formal notice of default.
6. How do we handle price changes?
We may need to change our prices, for example, to add functionalities or adjust for inflation. If we change our prices, we will notify you at least three months in advance. If you disagree with the price change, you can terminate the agreement. If you continue using Employes after the price change, you accept the new price. If you pay annually, the additional amount due from the price change may be charged retrospectively.
7. When can you cancel? When can we cancel or terminate your account?
If you have a monthly subscription and wish to cancel, you can do so at any time by deactivating your account in your online environment. After cancellation, payroll tax filings are no longer possible.
If you have an annual subscription, you can cancel up to one month before the renewal date. If we do not hear from you, the subscription will be automatically extended for another year. If you cancel during the subscription period, no refund will be given for the paid subscription fee.
We can terminate your account at any time with a one-month notice period. After cancellation, your account will be closed, but your data will be retained for at least three months to allow you to download it.
8. How can you grant others access to Employes?
From the main account, you can create accounts for other users. If you are an accountant, you can create accounts for your clients. If you are an employer, you can create accounts for your employees so they can access their payslips. Be cautious when granting permissions, as deleted data cannot be recovered.
9. What should you be aware of when using Employes?
All login credentials are strictly personal and must not be shared with others. Users are responsible for keeping their usernames and passwords confidential. For security reasons, we recommend changing passwords regularly and using unique passwords only for Employes.
We recommend downloading and storing your data periodically, as we do not provide standard backups. Deleted data cannot be recovered.
By using Employes, you submit employee data into our system. These are considered ‘personal data’ under the General Data Protection Regulation (GDPR). Therefore, you must sign a data processing agreement with us, which applies to our service.
It is not allowed to upload illegal content to Employes, including materials that infringe on intellectual property rights, violate laws, public order, or morality. It is also prohibited to create an Employes account with the intent of copying the platform in whole or in part.
You confirm that you are authorized to file tax declarations on behalf of your company.
If you violate these terms and we are held liable for damages by third parties, you indemnify us against such claims. Additionally, we may terminate your account immediately for violations. We are not liable for data loss or any inability to access or retrieve permanently deleted data.
We recommend processing payroll on time in Employes to ensure timely payroll tax filings with the tax authorities or pension funds. Payroll filings are submitted via an external API over which we have no control. If the API experiences issues, a filing may not be received on time, and we are not liable for any resulting fines. It remains your responsibility to verify timely submission.
10. What can you expect from us regarding payroll administration?
We aim to make Employes as simple as possible so you can manage payroll administration yourself. Our website and knowledge base provide various blogs with payroll administration tips. Our support team can also provide general guidance on setting up payroll administration.
These resources are created with care but do not replace personalized advice from a payroll administration expert. The best way to structure your payroll depends on individual circumstances, such as mandatory participation in a collective labor agreement (CAO) or pension scheme. If you choose to manage payroll administration without professional advice, you do so at your own risk, and we are not liable for any resulting damages.
11. What can you expect from our transition and customer service?
When using our transition service, we rely on the information you provide. We do our best to transfer your payroll data accurately, but we cannot guarantee error-free results. You are responsible for verifying the data we enter. If the information is incorrect, we are not liable for any damages resulting from the errors.
Support inquiries are handled on weekdays between 9:00 AM and 5:00 PM. We strive to respond as quickly as possible but do not guarantee specific response times.
12. What can you expect technically from our system?
Employes is provided as-is, with functionalities available at the time of offering. Features may change, and certain components may be discontinued.
Employes functions best on the latest versions of web browsers such as Google Chrome. We recommend using the most up-to-date browser version and updating it regularly, as we cannot guarantee full functionality on outdated browsers.
We strive for optimal availability and reliability of Employes but cannot guarantee uninterrupted access. Temporary unavailability may occur due to maintenance, bug fixes, or updates. Maintenance is scheduled to minimize user disruption.
We work diligently to keep Employes error-free and address issues promptly but do not guarantee that all errors will be fixed. We reserve the right to discontinue Employes permanently, providing at least six months’ notice.
13. How do we handle disputes and liability?
If an issue arises, we encourage you to contact us so we can find a solution together. If a dispute cannot be resolved, it will be submitted to the court in Amsterdam under Dutch law.
To hold us liable, you must first send a formal notice outlining the reason for liability and allowing us time to rectify any issues. If we are liable, our total liability is limited to direct damages, up to the amount you have paid us in one year for using Employes. If covered by insurance, liability is capped at the amount our insurer pays.
We are never liable for indirect damages, including consequential loss, lost profits, missed savings, and business interruption.
This limitation does not apply if the damage was caused by intent or gross negligence on our part.
Any claim for liability automatically expires 24 months after the claim arose.
14. What happens in the event of force majeure?
If force majeure occurs, we are not required to fulfill our obligations under the agreement. Force majeure includes the lack of or stagnation in service provision caused by third parties engaged by us, external APIs that do not function or do not function fully, or the inability to supply power and/or telecommunications services.
If the force majeure situation lasts longer than 60 days, you have the right to terminate your subscription early. In such a case, we are not liable for any resulting damages. However, you will receive a refund for any subscription fees paid, proportionate to the unused months.
15. When can we amend these terms?
We may update these general terms and conditions at any time. If we do, we will notify you two months before the changes take effect.
By continuing to use Employes after changes, you accept the new terms.
Version: June 1, 2020
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