Before engaging with www.hireplek.com website, please carefully review these Terms of Use ("Terms"). The Platform is owned and operated by Blue Code Solutions B.V. (collectively known as "BCS", "us", "we", or "our"). In this document, “you” and “your” refer to you as a user of the Services. We reserve the right to modify these Terms by updating them on our website (the “Site”) located here.

We understand you want to know what you can expect from us (and vice versa), and that is why we have drawn up these Terms of Use (Terms) for our Platform. We aim to be transparent, however if anything is unclear, please let us know.

These Terms are an agreement between Blue Code Solutions BV, a company located in the Netherlands, (BCS, Us, We, or Our) and You (User, You, or Your). This Agreement sets out the general Terms of Your use of the hireplek.com website (Platform) and any of our products or services (Services).

The three key services we offer are:

1. Payroll Services
2. Recruitment Services
3. Building and managing remote HUBs

Part of the Services may be carried out by our subsidiary in Spain, Blue Code Solutions SLU, located in Alicante (BCS).

Where You have agreed to other terms of services with Us, those terms will take precedence over these Terms, where they conflict.

www.hireplek.com is a service operated and powered by Blue Code Solutions BV

www.wearebluecode.com

Contact details: hello@hireplek.com

Chamber of Commerce Registered Number: 82955131

VAT Number: NL862669182B01

We don't lay claim to any data, information, or materials (collectively referred to as "Content") that you submit on the Platform while using our Services. You bear the sole responsibility for the precision, quality, legality, reliability, suitability, and rightful ownership or usage of all submitted Content.

Our team supervises the Content, user interactions, and behaviour on the Platform using several methods, including 'cookies.' We consider some 'cookies' to be vital for providing our Services. These include 'cookies' that aid us in product analytics, allowing us to evaluate feature usage consistently and swiftly for the benefit of customer success. Through these analytics, we can make informed decisions to continually enhance the Platform and Services, thereby increasing their value to users and customers over time.

Furthermore, analytics allow us to examine reported issues and proactively identify any misuse of our Platform. They also help us measure the impact of our product roadmap, our product development choices, and our integrations with third-party systems like our customer relationship management system, our customer support system, and other tools we use to assist Platform users. These 'cookies' are optional for general website visitors but are mandatory for all authenticated Platform users. Please refer to our "cookie policy" for further information.

We reserve the right, in our sole discretion, to refuse or remove any Content that, in our reasonable judgement, infringes any of our policies or is in any way detrimental or objectionable. However, please note that this is a right, not an obligation.

We do not own any data, information or material (Content) that You submit on the Platform in the course of using the Services. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We monitor Content and user interactions and behavior on the Platform by various means including through ‘cookies’. We consider the use of some ‘cookies’ as essential for the delivery of our Services. This includes ‘cookies’ that help us with product analytics so we can quickly and consistently analyze feature usage for customer success. Analytics allow Us to be informed in Our approach to continuously improve the Platform and Services and increase value to users and customers over time. Analytics allow us to investigate reported problems and proactively detect any bad actors using Our Platform in unintended ways. Analytics allow measurement of the impact of Our product roadmap, Our product development decisions and Our product integrations with third party systems (such as our customer relationship management system, our ticketing and customer support system and other tools we use to serve Platform users.). Such ‘cookies’ are optional for general website visitors but are mandatory for all authenticated Platform users. For more information, please visit our “cookie policy.”

We have the right, though not the obligation, to, in Our own sole discretion, refuse or remove any Content that, in Our reasonable opinion, violates any of Our policies or is in any way harmful or objectionable.

While engaging with our Platform, you are expected to conduct yourself responsibly, abide by all laws, and refrain from misusing the Platform in any way. More specifically, in the course of using our Platform and Services, you agree not:

1. Introduce, distribute, store, or transmit harmful technologies like viruses or malicious code.
2. Commit any act that infringes on a third party's intellectual property rights.
3. Create one or more accounts for commercial reasons that are not legitimate or for any unauthorised purposes.
4. Reverse engineer, duplicate, alter, scrape data from, automate, or sell the Platform in any way.
5. Engage in activities that are unlawful, fraudulent, damaging, threatening, defamatory, discriminatory, or offensive, and consequently tarnish your or our public image.

Should You have been invited to the Platform by a client of Ours, and wish to terminate your account at any time, including due to a disagreement with any updates to these Terms, please reach out to the client.

You shall pay all fees or charges to Your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services You have requested, You will be charged automatically in accordance with the terms You agreed to. If, in Our judgement, any of Your payments or transactions constitute a high-risk transaction, We will require You to provide us with a copy of Your valid government-issued photo identification, and any other additional documents required by Us, to verify compliance with applicable laws, policies and procedures. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse You Services.

We may require a deposit payment that we will hold on Our accounts on Your behalf as an additional security against any possible non-payment in the future. This deposit will be returned in full after any Agreements are finished. If any monies are owed upon contract termination the deposit can be used to part settle amounts owed.

We may, in our sole discretion, limit or cancel Services purchased per person or entity. These restrictions may include Services requested by or under the same customer account, the same credit card, and that uses the same billing and/or shipping address. In the event that We make a change to or cancel any Services, We will notify You by the e-mail and/or billing address/phone number listed on the Platform or provided at the time the Service was requested.

Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, cancel any Service if any information on the Platform or on any related Services are inaccurate at any time without prior notice (including after You have submitted Your request for a Service). We undertake no obligation to update, amend or clarify information on the Platform including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform should be taken to indicate that all information on the Website or on any related Services have been modified or updated.

Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, cancel any Service if any information on the Platform or on any related Services are inaccurate at any time without prior notice (including after You have submitted Your request for a Service). We undertake no obligation to update, amend or clarify information on the Platform including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform should be taken to indicate that all information on the Website or on any related Services have been modified or updated.

We perform regular backups of the Platform and Content and will do Our best to ensure completeness and accuracy of these backups. In the event of a hardware failure or data loss, We will restore backups automatically to minimise the impact and downtime.

In addition to other any other terms agreed to, You are prohibited from using the Platform, Content, or Services: (a) for any unlawful or illegal purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services and Platform or any related website, other websites, or the Internet. We reserve the right to terminate or suspend Your use of the Platform, the Services or any related website for violating any of the prohibited uses unconditionally.

You agree that Your use of our Platform and Services is solely at Your own risk. The Platform and information obtained through the Platform are provided on an “as is” and “as available” basis. We do not provide tax, legal, or accounting advice and are not permitted to engage in the practice of law. We do not act as your attorney, and information given by Us is made for informational purposes only and is not a substitute for the advice of an attorney if such is needed to make decisions about compliance with applicable laws. We take every reasonable effort to ensure our Services are provided to reflect our best understanding of compliance matters related to employment, the information on the platform is not legal advice and is not guaranteed to be correct, complete, or up-to- date.

We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services requested on the platform will meet Your requirements, or that the Services requested will be uninterrupted, timely, secure, or error-free; nor do We make any warranty as to the results that may be obtained from the use of the Platform and Services or as to the accuracy or reliability of any information obtained through the Platform and Services or that defects in the Platform and Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Platform and Services is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any Services requested or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by You from Us or through the Services shall create any warranty not expressly made herein. You are advised to consult with an attorney, tax advisor, or accountant before accepting these Terms.

The Platform, Services, Content (excluding User Content), and any APIs, interfaces, features, and functionalities are the exclusive property of BCS and its licensors. The Services are protected by copyright, trademark, and other laws in the United States and other jurisdictions where we provide the Services. You may not use our trademarks, trade dress, service marks, logo, or trade name without prior written consent from BCS. You must not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Platform and/or Services, if any. Except as expressly permitted, you may not copy, reproduce, modify, republish, download, post, broadcast, transmit, or use the Content of the Platform or Services for any purpose.

You retain all rights, title, and interest in the User Content you submit. By submitting User Content, you grant BCS and its successors and assignees a worldwide, non-exclusive, royalty-free, perpetual, sublicensable, and transferable licence to use, copy, distribute, transmit, modify, publicly display, and perform the User Content on or through the Platform and/or Services. This licence applies to any media formats and channels. Except as expressly stated, nothing grants BCS any right, title, or interest in your intellectual property rights. BCS will not use your name or logo in any marketing or advertising materials without your prior written consent.

Client’s Intellectual Property rights are covered and addressed by the Service contract and mirrored in the Employment contract.

Under this agreement, we will provide you with access to the Platform's features. We will make every commercially reasonable effort to keep the Platform running, except during: (i) Planned outages, which we'll try to schedule to minimize disruption for you, and (ii) As mentioned in these T&Cs.

We promise that the Platform will be operational at least 99% of the time each month (Service Availability), allowing for a maximum of 1% downtime monthly. If you believe there's been excessive downtime, please provide us with detailed information about it by emailing us at hello@hireplelk.com . Claims must be submitted by the end of the next month after the alleged downtime. If our investigation shows we didn't meet the uptime commitment, you might be eligible for a credit. Whether or not we grant a credit is up to us, and if given, it will be applied to any management fees for our Services.

We might set other performance goals for the Platform, which we will strive to achieve. However, we can change these targets whenever we see fit. If we don't meet these extra targets, it doesn't mean you're eligible for a refund for any fees or charges associated with BCS agreements or their supplements.

We shall make the functionality of the Platform available to You pursuant to this agreement, and shall use commercially reasonable efforts to always make the Platform available, except for: (i) Scheduled Downtime (of which We shall, to the extent practicable, schedule so as not to adversely affect You); and (ii) as set forth in these T&Cs. We warrant that the Platform shall have an uptime of not less than 99.5% per month (resulting in a downtime of not more than 0.5% per month) (Service Availability). You shall bring forth any claim of excessive downtime by submitting the details of such downtime for our reference. We must receive such claims by the end of the calendar month, following the month in which the alleged downtime occurred. After Our investigation of such claims, should We determine We have not met the uptime requirement set forth herein, You may, as the exclusive remedy, be entitled to credit of which the issuance shall remain at the discretion of Remote. Any credit shall only be reflected as part of any management fees paid for the Services. We may, at our own sole discretion, announce additional performance targets for the Platform, and shall use commercially reasonable efforts to meet those targets. It is agreed that the additional performance targets may be amended by Remote at any time and at its sole discretion and that a failure of Remote to meet those targets shall not entitle You to a refund of any fees paid under any agreement with Remote or any Addendum thereto.

To the extent allowed by law, neither we nor our associates, executives, staff, representatives, providers, or licensors will be held responsible for any indirect, accidental, unique, punitive, or consequential losses. This includes, but isn't limited to, lost profits, revenue, business impact, interruptions, expected savings, or business opportunities, regardless of how they occur or under what legal theory, whether it's contract, tort, fraud, negligence, or any other. This stands even if we were informed about or could have anticipated such damages. As permitted by law, our combined liability and that of our partners connected to the services offered on the platform is capped at the amount you've paid us in the month before the event that led to the claim. If this compensation doesn't cover your losses or the remedy fails its primary purpose, these limitations and exclusions still apply.

The rights and limitations outlined in these Terms are valid and binding only if they don't contradict any applicable European laws. They're designed to be as limited as necessary to keep the Terms legal and enforceable. If a competent court finds any part or section of these Terms to be illegal, invalid, or unenforceable, the parties intend for the rest of the Terms to remain in place and be fully effective.

The formation, interpretation, and performance of these Terms and any disputes arising out of it shall be governed by the laws of the Netherlands. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be subject to arbitration or mediation in England and Wales, and You shall submit to the arbitration rules of such jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

We reserve the right to modify these Terms and any policies relating to the Platform or Services at any time, without prior notice. Continued use of the Platform after any such changes shall constitute your consent to such changes.

You acknowledge that You have read these Terms and agree to all its terms and as set out. By using the Platform or Services requested on the Platform, You agree to be bound by the Terms. If You do not agree to abide by the terms, You are not authorized to use or access the Platform and its Services and we reserve the right to terminate your account.

For inquiries or requests, please contact us at hello@hireplek.com

Some of the activities We enable You to perform on the Platform can create a controller to processor relationship between us within the meaning of data protection law. This is especially the case where We process information about personnel You hire directly, and when we provide Global Payroll Services. This section will apply in any situation where We process personal data on Your behalf via the Platform as a processor. Any other personal data processing in connection with our Services is covered in our Privacy Policy and, where applicable, other services agreements between You and Us.

You and Us will comply with all requirements of all relevant data protection legislation, such as the General Data Protection Regulation (EU) 2016/679, as applicable to the provision and receipt of the Services. You may act as controller and We may act as processor. In such circumstances, We will process personal data only to the extent necessary to perform Our obligations pursuant to these Terms in accordance with Your instructions.

The subject matter of the processing is personal data processing necessary for the performance of these Terms (or any other services agreement between You and Us). The purpose of the processing is the delivery of Our Services. The duration of the processing is equal to the duration of these Terms (or any other services agreement between You and Us), unless otherwise required by law. The processing shall be carried out by both automated and non-automated means. The personal data relates to Your personnel and includes, but is not limited to (i) their names, social security numbers (or equivalent), passport copies, bank account numbers, salary and tax information, employment status, country of residence, join date; (ii) any other categories of personal data required by applicable law for Us to be able to deliver the Service; and (iii) any other categories of personal data You instruct us to collect on Your behalf via the Platform.

You hereby provide Us with a general authorisation to engage processors as necessary to deliver the Services and We commit to informing You of any intended changes concerning the addition or replacement of processors, thereby giving You an opportunity to object to such changes, by emailing to gdpr@hireplek.com. Where You have not objected to a processor appointment within 14 days following a change to the processor list, You shall be deemed to have authorized the change. We shall produce an up-to-date list of processors engaged by Us to deliver the Services to You without undue delay upon written request.

We warrant that the personnel We engage to process personal data on Your behalf in connection with the Services are informed of their obligations in relation to personal data, and that they will process personal data in confidence and in accordance with these Terms and all relevant data protection legislation.

We shall implement technical and organisational measures to keep personal data processed in connection with the Services secure against unauthorised or unlawful processing and against accidental loss, destruction or damage. We shall report any personal data breaches concerning such personal data without undue delay after becoming aware of such breaches. We shall use our best endeavours to maintain our current SOC2 Type 2 and ISO27001 certifications for the duration of these Terms.

We shall assist You in responding to any requests made by relevant data subjects which concern the exercise of their rights under data protection legislation. We will also assist You, to the extent necessary, in relation to the security of personal data processing, data breach notifications, data protection impact assessments and prior consultations with data protection authorities. We will make available to You all information necessary to demonstrate compliance with the obligations laid out in this section.

Upon termination of the commercial relationship between Us and You, We will, at Your choice, delete or return all the personal data processed on Your behalf in connection with the Services to You and delete existing copies unless otherwise required by applicable law.

To the extent data protection legislation, such as the General Data Protection Regulation (EU) 2016/679 (EU GDPR) or its implementation in the law of the United Kingdom (UK GDPR), applies to the disclosure of personal data between us, and where either We or You receive such personal data into a country other than a country recognised as ‘adequate’ by the European Commission or the UK Information Commissioner’s Office: (i) where the EU GDPR applies, then the standard contractual clauses in the Annex to Commission Implementing Decision (EU) 2021/914 of 4 June 2021 (EU SCCs) shall apply to all such transfers; and (ii) where the UK GDPR applies, then the EU SCCs shall apply and the International Data Transfer Addendum to the EU Commission standard contractual clauses issued by the Information Commissioner's Office under s.119A(1) of the Data Protection Act 2018 (UK Addendum) shall apply to all such transfers.

The EU SCCs (and UK Addendum, as applicable) are hereby fully incorporated and fully executed subject to the provisions of these Terms. When You disclose personal data subject to the data protection laws such as the EU or UK GDPR to Us and We receive such personal data outside an ‘adequate’ country, You shall act as the data exporter, We shall act as the data importer and Module Two of the standard contractual clauses shall apply. When We disclose personal data subject to the data protection laws such as the EU or UK GDPR to You and You receive such personal data outside an ‘adequate’ country, We shall act as the data exporter, You shall act as the data importer and Module Four of the standard contractual clauses shall apply.The optional elements in the standard contractual clauses apply as follows:

(i) Clause 7 (Docking Clause) shall not apply,

(ii) Option 2 (General Authorisation) of Clause 9 shall apply, and

(iii) the optional language in Clause 11 (Redress) shall not apply.

(iv) For Clause 13 (Supervision), the supervisory authority with responsibility for ensuring compliance by the data exporter with the GDPR with regard to restricted transfers shall be the Dutch supervisory authority;

(v) For Clause 17 (Governing Law), Option 2 shall apply and in the event that the law of the jurisdiction in which the data exporter is established does not allow for third-party beneficiary rights, the SCCs shall be governed by the laws of the Netherlands.

(vi)For Clause 18 (Choice of forum and jurisdiction), the Parties agree that the courts of the Netherlands shall resolve any disputes arising out of the SCCs.

(vii) The information required by Annex I and II of the standard contractual clauses is set out as follows: Our address is the address set out in these Terms; Your address is the address You specify on the Platform; we can contact each other via the Platform; the activities relevant to the data transferred all relate to the provision or receipt of Our Services; Your role is that of a controller and Our role is that of a processor; both We and You can are available to be contacted via the Platform; the transfer is described in these Terms; personal data shall be transferred on a continuous basis; it shall be retained by Us in line with the requirements of applicable law; the competent authority is the Dutch data protection authority; the technical and organisational measures to ensure the security of the data are those measures.

Where the UK GDPR applies, You and We agree that the EU SCCs shall apply completed as set out in this clause and be deemed amended as specified by Part 2 of the UK Addendum. In addition, tables 1 to 3 shall be deemed completed with the information set out in this section (as applicable) and table 4 shall be deemed completed by selecting "neither party".