TLL CORPORATION® WORKCONTINUE
WORKCONTINUE SERVICE TERMS AND CONDITIONS
IMPORTANT – PLEASE READ THIS DOCUMENT CAREFULLY BEFORE JOINING WORKCONTINUE. BY USING THIS SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS.
PLEASE ALSO NOTE THAT THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING THE PROTECTION OF PERSONAL DATA. FOR FURTHER INFORMATION ON THIS POINT, PLEASE CONSULT THE PROVISIONS OF ARTICLE 10 AND IN PARTICULAR ARTICLE 10.3.
The WORKCONTINUE Service is a service delivered by TLL CORPORATION within a specific framework defined by this contract.
The Terms and Conditions of the WORKCONTINUE Service are applied between TLL CORPORATION, a company incorporated under Ivorian law registered in Abidjan RCCM. CI-ABJ-2019-B-20318 (collectively, “TLL CORPORATION”), and “you” (collectively, the “Parties”).
THIS AGREEMENT IS BINDING ON YOU AND ANY LEGAL ENTITY ON WHOSE NAME THE SERVICE IS USED, INCLUDING YOUR EMPLOYER.
You may enter into another written agreement directly with TLL CORPORATION which supplements or supersedes all or part of this Agreement.
"Contract" means these terms and conditions, including the scope of rights of use and the Charter for the processing of personal data by TLL CORPORATION, which can be consulted at https://www.workcontinue.com, or any site Internet which will succeed it.
"Application" means a private space within a shared instance of the WORKCONTINUE application, and made available to you by TLL CORPORATION in connection with the use of the WORKCONTINUE Service. The extent of this private space within the shared application is defined by your needs and your subscription so that you can use the features provided by the Service.
“Service” means the WORKCONTINUE service including, among other things, access to the Application delivered by TLL CORPORATION.
"Content" means any documents, images, logos, data or configuration elements provided by you or on your behalf in connection with the use of the Service.
"Information" means information allowing the identification of persons having access or not to the Service.
"Participant" means any user of the Service or the Application or any collaborator of the company - user or not - having information recorded in the Application or the Service.
"Extension of Service" means the terms set forth in a separate written document (such as an estimate or a signed written agreement between you and TLL CORPORATION) describing the specific extension of your right to access the Service.
“Personal Data Processing Charter” shall have the meaning given to it in Article 9.1 (Terms of Respect for Privacy).
“Service Term” means the length of time for which you have chosen to pay for and/or use the Service.
2 Brief description of the functions available
2.1 Activities of collaborators
The application allows you to manage employee timesheets, leave and training requests, and expense reports.
It is expressly specified that the Application provided as part of the Basic subscription does not allow multi-company management.
2.2 Project and business management in real time
The management of the missions is manageable on 4 levels: the Client, the Contract, the Project, the Business.
Projects and business can be carried out on a fixed price basis, on a cost basis, on a cost basis, on subscription or on sale.
The Application makes it possible to manage an invoicing schedule both at Project level and at Business level.
An accounting balance sheet is available at the mission level and makes it possible to compare the planned, the committed and the remainder to be done.
2.3 Invoicing of assignments
The Application identifies and proposes the invoices to be issued each month according to the due dates entered at the business level or due dates.
A follow-up of the invoices issued makes it possible to organize customer reminders.
The application allows mass saving in a single PDF file for printing all the monthly invoices at once. The application also allows PDF invoices to be sent by email as an attachment.
2.4 Purchasing management
The Purchases module provides a simplified solution for entering recurring purchases and one-time purchases. These purchases are included in the expense reports for the company's annual income statement.
2.5 Performance analysis
Reporting offers advanced performance analysis functions for employees, missions and the company.
3 Use of the Service
3.1 Authorization to use the Service
You warrant that you have all the rights, powers and authority necessary to perform this Agreement and perform the acts expected of you, and that you have the rights to the Content and Information in connection with the Service. In the case cOtherwise, you are not authorized to submit such Content or Information to TLL CORPORATION or to use the Application.
3.2 Access to the Service
You acknowledge that your right to access the Service may require the payment of charges to third parties - such as telephone communications, Internet connection charges, or network usage charges - and that you are responsible for the payment of these fees.
3.3 Login Information
To access and use the Service, you must have permission to create a login ID and password (“Login Information”). You are responsible for all activities performed with your Login Information and you must keep your Login Information confidential and not share your login with any third party.
TLL CORPORATION has no obligation or liability with respect to how you use, distribute, disclose or otherwise manage your Login Information. Notwithstanding the foregoing, TLL CORPORATION will require you to change your Login Information if such Login Information is inconsistent with the terms of this Agreement.
You may appoint individuals from your company or other third parties – “Designated Individuals” – to administer various functions of the Service (“Designated Individuals”), if applicable. Notwithstanding any stipulations to the contrary contained in Article 3.3 (Connection Information) of the Contract, you will provide, where applicable, Designated Persons with specific Connection Information for the sole purpose of enabling them to exercise the various functions of the Service in accordance with the terms of this Agreement. You are solely responsible for all acts or omissions of Designated Persons in connection with the Service.
Without limiting the foregoing, the Service is not designed or suitable for use in a production environment that requires security controls, including, but not limited to, backing up and restoring data. Without limiting the generality of the foregoing, TLL CORPORATION disclaims all express or implied warranties of fitness for such purposes.
3.6 Hardware, Network and Internet
The Service is designed exclusively for use in mode connected to the Internet network, connection secured by SSL / HTTPS protocol.
It is recalled that the Internet is an open and informal network of interconnection of computer networks and made up of independent portions under private or public management for which TLL CORPORATION cannot be held responsible.
For its part, TLL CORPORATION guarantees on its local area network (LAN) a network service of 99.99% and a minimum bandwidth of 150 Mbits/s.
To ensure the proper behavior of the Application, TLL CORPORATION Conseil recommends the use of a recent internet browser.
In addition to using a recent internet browser, TLL CORPORATION can only guarantee the proper functioning of its application on a recent terminal, equipped with at least a dual-core processor and 2 GB of RAM memory.
4.1 The Service
Subject to your compliance with the terms and conditions of this Agreement, TLL CORPORATION grants to you a non-exclusive, non-transferable, revocable right to access and use the Application in accordance with the terms and conditions of this Agreement and the Scope of the Service.
TLL CORPORATION will carry out constant automatic monitoring of the use made of your test environment.
5 Ownership of Service and Trademarks
You acknowledge that TLL CORPORATION owns all right, title and interest in:
(a) the WORKCONTINUE Service;
(b) the Application provided in connection with the Service;
(c) all graphics, logos, service marks and trade names, including third party names, product names and trademarks used by TLL CORPORATION in connection with the Service or the “Marks”.
Without limiting the foregoing, you warrant that you own all right, title and interest in and to any graphics, service marks and trade names used by you in connection with the Service. You are welcome to submit any suggestions for improving the Service, but by doing so, you accept and agree that such suggestions become the property of TLL CORPORATION, and TLL CORPORATION has no obligation to compensate you for such suggestions.
6.1 Your Content
You may upload Content to the Application in connection with your use of the Service. TLL CORPORATION does not verify, endorse or claim ownership of any Content, and you retain all right, title and interest in and to the Content. Your Content and the Content of any Participants linked to you may be backed up on TLL CORPORATION's servers as part of our service commitment and in accordance with TLL CORPORATION's backup policies.
in force. You are solely responsible for the Content. TLL CORPORATION will use reasonable efforts to block the download of Content that contains viruses detected using industry standard virus detection software. The management of authorizations and authorizations allows you to specify the level at which the Service restricts access to your Content. You are solely responsible for applying the appropriate level of access to your Content.
6.2 Your Content Representations and Warranties
You represent and warrant that:
(a) you are the owner, licensor, or Authorized Participant of all Content;
(b) you agree not to upload, save, post, display, link to, or otherwise transmit or distribute any Content that:
(i) advocates, promotes, induces, recommends, aids or in any way encourages any illegal activities;
(ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or TLL CORPORATION, or any publicity or privacy rights of any party;
(iii) attempts to mislead others as to your identity or the origin of any message or other communication, or misrepresents or otherwise misrepresents your connection to any other person or entity, or is in any way materially false, misleading or inaccurate;
(iv) promotes, solicits or contains inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic, objectionable, or unlawful content or activity;
(v) is harmful to minors;
(vi) contains any virus, Trojan horse, worm, time bomb, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any systems, data, Information or property of others; Where
(vii) violates any law, statute, ordinance, or regulation (including but not limited to export control, unfair competition, anti-discrimination, or false advertising laws and regulations).
6.3 TLL CORPORATION's Access to Your Content
You acknowledge that the Service is automated and that TLL CORPORATION personnel will not access any Content except as necessary to provide the Services, including, but not limited to, following:
(a) respond to requests for support;
(b) detect, prevent, or address fraud, security, or technical issues;
(c) as deemed necessary or recommended by TLL CORPORATION, in good faith, to satisfy legal requirements or to comply with any legal process; Where
(d) enforce this Agreement to verify that you have not sought to breach its terms.
7 Restrictions on use
In connection with your access to or use of the Service, you agree not to do the following:
(a) introduce a virus, worm, Trojan horse or other harmful software code or similar file that may damage the operation of any third party computer, property or information;
(b) use the Service in any way that may damage, disable, overburden or impair any TLL CORPORATION server, or any network(s) connected to any TLL CORPORATION server, or interfere with any other party's use and enjoyment of the Service;
(c) attempt to gain unauthorized access to the service, materials, other accounts, computer systems or networks, connected to any TLL CORPORATION server or the Services, by hacking, by searching for passwords (“password mining”), or by any other means;
(d) obtain or attempt to obtain any material or information by any means not intentionally made available through the Service;
(e) transfer to a third party including without limitation, on a timeshare or service bureau basis on a subscription basis or otherwise (sale, lease, …) the Service subject to this Agreement including any related application to enable it to use the Service or to create, transmit or protect any content.
(f) seek to collect, or collect, and disclose Personal Information, including e-mail addresses, or any private information about a third party without that party's express consent;
(h) transmit junk mail (“spam”), surveys, contests, pyramid schemes, chains, or any otherre unsolicited email or cascading message;
(i) fraud, defamation, insult, harassment, stalking, threat or violation of the rights of others (such as image or privacy rights); Where
(k) upload, or make available to others, files containing images, photos, software or other material protected by intellectual property rights, including, for example, but not limited to , copyright or trademark law (or right to privacy or publicity), unless you own or control the rights thereto or have received all necessary consents for this purpose .
TLL CORPORATION does not conduct general monitoring of user activity in connection with the Service. However, if TLL CORPORATION becomes aware of any possible breach by you of Sections 6.2 (Your Content Representations and Warranties), 7 (Restrictions on Use), or any other provision of this Agreement, TLL CORPORATION will reserves the right to investigate such violation, and TLL CORPORATION, in its sole discretion, will immediately terminate your Service agreement or change, modify or remove the Content, in whole or in part, without notice. If as a result of such an investigation, TLL CORPORATION considers that an illegal activity has been carried out, TLL CORPORATION reserves the right to transmit the file to – and to cooperate with – all the competent authorities responsible for enforcing the law. TLL CORPORATION has the right, except to the extent prohibited by applicable law, to disclose any information about you, including Information about you that is in the possession of TLL CORPORATION, in connection with your use of the Service, to the authorities maintaining of the order or to other national services, if TLL CORPORATION, in its sole discretion, considers it necessary or appropriate.
You agree to hold TLL CORPORATION harmless and harmless from any liability, cost or expense, including reasonable attorneys' fees, related to or resulting from your Content, Participant Content, and your use of the Service.
9.1 Privacy Terms
In the event of a conflict between the personal data processing charter and the terms of this Agreement, the terms of this Agreement will prevail.
Any Information you may have collected about Participants will be saved online on a TLL CORPORATION server, in accordance with TLL CORPORATION's backup policies in effect, but such collection is subject to our own personal data protection policy. TLL CORPORATION may make changes to its Personal Data Processing Charter from time to time, and it will notify you of such changes in the text of the Personal Data Processing Charter.
Please consult the Personal Data Processing Charter regularly to check whether it includes updates.
9.2 Types of Information Collected
In addition to the types of Information mentioned in the Personal Data Processing Charter, TLL CORPORATION will collect certain information as specified in this Article 9.2 (Types of Information collected).
9.2.1 Information on the Use of the Service
TLL CORPORATION may collect certain information about your use of the Service, such as the name of the Internet service provider and the address of the Internet Protocol through which you access the Internet; the time you access the Service; and the internet address of any website which refers to it, as well as the internet address of the website from which you entered a direct link to the TLL CORPORATION website. TLL CORPORATION uses this information to support the Services and, if you have opted in to receive communications from TLL CORPORATION, to send you communications about TLL CORPORATION, its products and services.
9.2.2 Collaborative content management with WORKCONTINUE
At your request or at the request of Designated Person(s), the Application makes it possible to collect certain information, including but not limited to: (a) leave requests from any employee user; (b) time sheets and expense reports; (c) the annual income of any Participant as well as the monthly payroll information report; and (d) any other information that you or your users are required to provide in the Application, whether voluntarily or at the request ofone or more Designated Person(s), such as your name, address, telephone number, e-mail address, or any other information allowing your identification. The Service will record this information. You and the Designated Person(s) may view this Information, and certain information may be shared and saved by other users of the Service at the request of you or a Designated Person(s). s) or as an automatic function of the Service in accordance with the principle of collaborative content management. Except for the cases mentioned in Article 8 (Investigations), TLL CORPORATION will not share your Information with third parties.
9.3 Registration and Privacy Notice
THE SERVICE MAY ALLOW YOU OR DESIGNATED PERSON(S) TO COLLECT AND USE IDENTIFYING INFORMATION ABOUT YOU AND PARTICIPANTS IN THE SERVICE, SUCH AS YOUR NAME, ADDRESS, PHONE NUMBER .
TLL CORPORATION declared the collection of personal data. You are responsible for ensuring the collection of consents and compliance with restrictions imposed by law, and you must therefore prevent TLL CORPORATION against any claim or lawsuit related to registrations made by you or by Designated Person(s). ) communications or appearance of Participants in the Service.
9.4 Storage and Use of Information
TLL CORPORATION backs up your Information and Participant Information in accordance with TLL CORPORATION's applicable backup policies, and as requested by you or the Person(s) you designate.
TLL CORPORATION will delete your Information and Service Participant Information upon termination of this Agreement and in accordance with TLL CORPORATION's then-current data safeguard policies.
9.6 Communications from TLL CORPORATION
TLL CORPORATION may send you emails about service maintenance events or changes to the functionality or provision of the Service.
9.7 Participant Information
With respect to the relationship between TLL CORPORATION and you, you shall have sole responsibility for all Participant Information in connection with the Service, and TLL CORPORATION shall have no liability in respect thereof. You must comply with all rules and laws relating to the protection of personal data and respect for privacy applicable to the Information of Users and Collaborating Users or not. You must notify TLL CORPORATION Conseil against any claim, lawsuit or proceeding brought against TLL CORPORATION by a Participant, in relation to any act or omission concerning their Information. E-mails relating to the Service may be sent to Participants by TLL CORPORATION Consequently, these Participants may receive certain e-mails related in particular to the availability of the Service or the management of their password.
10 Service Level Agreement
10.1 Service Availability Objective
TLL CORPORATION's objective is to use reasonable efforts to ensure Service Availability of 99.9%, calculated on a monthly basis. Service Availability is defined as the time during which the Service can receive, process and respond to requests, except with respect to:
(a) Periodic Maintenance,
(b) Incidents due to Customer Error, and
(c) cases of Force Majeure.
The Availability of the Service is calculated as a percentage, by dividing the number of minutes during which the Service is available during the month in force, by the number of total minutes during the month in force once deducting the Periodic Maintenance times, the Incidents relating to Customer Errors, and cases of Force Majeure.
10.2.1 Periodic Maintenance
Periodic Maintenance is defined as any maintenance performed during TLL C's standard maintenance window.ORPORATION (currently between Friday 5:00 p.m. and Monday 9:00 a.m. and other weekdays between 6:00 p.m. and 8:00 a.m.) and any other maintenance for which you will have received at least forty-eight (48) hours notice.
TLL CORPORATION may maintain part or all of the Service to update computer hardware or software that operates or supports the Service, to enforce security measures, or to deal with any other issues that TLL CORPORATION deems appropriate for the continued operation of the Service.
10.2.2 Incident due to Customer Error
A Customer Error Incident is defined as any Service unavailability resulting from your applications, Content or hardware, or the acts or omissions of any user of the Service.
10.2.3 Force Majeure
Force Majeure is defined as unforeseen events, terrorism, civil unrest, fires, floods, earthquakes, acts, decisions or restrictions imposed by governments, denial of service, attacks or any other conduct malicious intent, installation breakdowns, or any other cause of Service unavailability which, in accordance with Ivorian case law,
(i) is beyond the control of TLL CORPORATION,
(ii) is unpredictable and
(iii) cannot be avoided even if TLL CORPORATION would implement all due diligence.
11 Disclaimer of Warranty
With the exception of any legal guarantees of public order that would be recognized by you, the service and the application are provided "as is" and without any guarantee, "according to what is available" and "without guarantees of defect". to the fullest extent permitted by law. TLL CORPORATION, its affiliates, contractors, service providers, employees, agents, licensors and any other parties involved in creating, manufacturing or delivering the Service, disclaim all warranties and representations of any kind, whether they are express, implied or statutory, including and without limitation all warranties of fitness for sale, fitness for a certain purpose, integration into or compatibility with a system, absence of negligence, enjoyment peaceful and non-infringing. without limiting the foregoing, TLL CORPORATION does not warrant or represent that the service will be continuous, secure, reliable, accessible, uninterrupted, or error-free, or that TLL CORPORATION's servers and software are free of viruses or other harmful components, or that TLL CORPORATION's security procedures and mechanisms will protect against loss or alteration of personal information by a third party or improper access to it by a third party.
12 Limitation of Liability
12.1 Neither TLL CORPORATION nor its suppliers shall be liable to you or to any third party for any consequential, special or incidental damages (including, without limitation, damages relating to the impossibility of using the service or access to data, loss of business, loss of profits, interruption of business, and other similar events), due to the use or inability to use the service, regardless of responsibility ( including, without limitation, breach of contract or warranty, tort or negligence) and even if TLL CORPORATION or its suppliers have been advised of the possibility of such damages.
12.2 TLL CORPORATION's aggregate liability to you for actual harm suffered by you, howsoever caused, shall be limited to the amount paid by you for the service during the last twelve (12) months, if applicable. You agree that despite any regulation or law to the contrary, any claim or action based on or related to the use of the service must be registered within one (1) year after the occurrence of the said claim or cause of action, under penalty of definitive foreclosure. TLL CORPORATION's suppliers shall have no liability to you for any reason whatsoever.
12.3 The limitations of liability set out in this clause 12 (limitations of liability) relate to the warranties and disclaimers of warranties set out above and all other points of this contract. In accordance with the public order provisions of French law, the limitations or exclusions of liability set out above may not apply to you. In any event, nothing contained in this contract shall limit TLL CORPORATION's liability to you in the event of death or bodily injury resulting from gross negligence committed by TLL CORPORATION.
13 Applicable law
The Service is operated by TLL CORPORATION from its offices established in Côte d'Ivoire By accessing and using the Service, you and TLL CORPORATION agreez that, to the extent permitted by Ivorian law, all disputes relating to this Agreement and your access to the Service, or your use of it, be governed by, and interpreted in accordance with the laws in force in the Ivory Coast. This Agreement shall not be governed by the conflict of laws rules of any jurisdiction, nor by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
The parties involved expressly wish that the Contract and all documents related thereto be drawn up in French for the application of this Contract.
You are solely responsible for knowing and complying with any laws that may prohibit you from participating in or using any part of the Service. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be construed as faithfully as possible to reflect the intentions of the parties, and all other provisions thereof shall remain in full force and effect. Failure by TLL CORPORATION to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless TLL CORPORATION acknowledges and agrees in writing. Your rights hereunder shall not be assigned or transferred to any third party. Each party will give to the other any written notice under this Agreement according to the following procedure:
(a) to you, the notification will be sent to the email address associated with your account, and
(b) for TLL CORPORATION, the notification will be sent to TLL CORPORATION, Abidjan, Cocody, Riviera 3 – for the attention of the General Management. In the event of a conflict between the terms of this Agreement, the Personal Data Processing Charter, or the Scope of the License, the documents will have the following order of priority:
(i) the Service Extension,
(ii) this Agreement, and
(iii) the Personal Data Processing Charter.
This contract, including the Personal Data Processing Charter and the Service Extension, if applicable, constitutes the entire agreement between you and TLL CORPORATION, and supersedes all prior agreements, representations, and all agreements between the parties regarding the subject matter hereof.