These Customer Terms of Service (the “Customer Terms”) describe the rights and responsibilities of Customer (hereafter, the “Customer”) and Shiftee Inc. (the “Provider”) for the use of Shiftee (the “Services”). If there is any difference between the English version and the Korean version of the Customer Terms of Service, the Korean version should take precedence over the English version.
The terms used in these Customer Terms are as follows.
① “Service” means the Shiftee Application provided by Provider
② “Provider” means the service provider providing the service.
③ “Customer” means an individual or a business entity such as corporation, proprietor, partnership who has entered into a free or paid contract with Provider to use the Services and that uses the Service.
④ “Paid service” means a service that can be used when a fee is paid for each period of use according to the size and functions of the Customer among the services provided by Provider.
⑤ “Regular payment” means a form of payment that automatically pays on a specific date with a pre-registered payment method to pay repeatedly for “Paid service” at a certain time and under certain conditions.
⑥ “Paid service by regular payment” means among “Paid service”, service in which paid by “Regular payment” and the period of use is automatically renewed.
⑦ “Contract” means the individual contract between the service Provider and the Customer with mutual consent for the use of the paid services.
⑧ Authorized User (the “User”) means a person who uses the services within the boundary of a company Customer has created.
⑨ “Customer Data” is the information that Customer or User save to Provider's database in the form of, but not limited to, submitting, recording, logging, uploading, transferring and is owned and managed by Customer.
⑩ “User Information” refers to the information of User which can be used to identify a specific individual in the form of name, email address, phone number, etc. such as personal information.
⑪ “Payment information” refers to the information related to the payment of service fees by Customer who uses paid services, such as payment methods, paid details, etc.
⑫ “Individual Terms” means the documents distributed or posted by Provider under the names of ‘Terms’, ‘Guidelines’, ‘Policies’ etc.
① This Agreement and the Individual Terms shall be posted at the appropriate place on the website operated by Provider including the information of Company’s name, CEO’s Name, Company Registration Number and Contact Information, etc.
② Provider shall provide appropriate procedures for Customer to inquire and respond to the contents of these Customer Terms.
① Customer must use this service in accordance with the individual terms of this agreement. You may use the Service only if you have an effective and irrevocable consent to Customer Terms and the Individual Terms.
② Customer shall be deemed to have given an effective and irrevocable consent to Customer Terms by actually using or allowing a User to actually use the Service.
③ Customer must use the Service in accordance with the Individual Terms in addition to these Customer Terms. In case of any conflict between the individual terms and the Customer Terms, the individual terms and conditions should take precedence over these Customer Terms. However, Customer terms should apply to the parts that are not governed by the individual terms and conditions.
① If Provider determines that it is necessary, Provider may change Customer Terms and Individual Terms at any time to the extent that it does not violate relevant laws.
② When the Provider revises Customer Terms, the effective date and the reason for the revision shall be specified and notified together with the current Customer terms before 7 days in accordance with the method of Paragraph ①. However, in the case of a revision of the Customer terms unfavorable to Customer, notice is given 30 days before the effective date, and the contents of the revision are notified individually through the registered email by Customer or throughout the service, separately.
③ If Customer does not clearly express intention of refusal within 30 days after the Provider announces or notifies the revised terms and conditions in accordance with the preceding paragraph, it is deemed that Customer has agreed on the amendments made to the Customer terms and the information on the revised terms. Provider is not responsible for any damage to Customer caused by not knowing about it.
Customer Terms and Individual Terms will be enforced to the fullest extent permitted under applicable law (“Law on Development of Cloud Computing and User Protection (클라우드컴퓨팅 발전 및 이용자 보호에 관한 법률)”, “Personal Information Protection Act (개인정보 보호법)”, “Law on Use and Protection of Credit Information (신용정보의 이용 및 보호에 관한 법률)”, “Act on Promotion of Information Network Usage and Information Protection, etc. (정보통신망 이용촉진 및 정보보호 등에 관한 법률)”). If any provision of the terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the terms will remain in effect.
② When applying for the application under paragraph ①, applicant must indicate his or her real name (in the case of a corporation, actual name. The same shall apply hereinafter) and actual information. If applicant steals the name of another person or writes false information, he/she can not claim the rights set forth in these terms and Provider may cancel or terminate the Contract for this reason.
③ Provider doesn't provide the Services for children under 14 years old. Anyone underage person who is 14 years and older must obtain an agreement from a legal representative e.g. a parent. Specific agreement process should be conducted by Customer who is responsible for granting authorization access to an underage person. Provider is not responsible for any problem that arises in regards to age.
④ An entity, not limited to, individual, corporation, proprietor, partnership, who applies for a contract to use the Paid Service (hereinafter referred to as the “Applicant”) may submit an application for the use of the Paid Service in accordance with procedures set by Provider.
① The Contract shall be established when applicant applies for use to Provider and the notification of the acceptance of Provider reaches applicant or when a separate written contract has been signed by each party's representative.
② Provider may not approve the application for use or cancel if confirmed after approval under any of the following clauses:
1. If applicant violated Article 7 (Application to Use Service) Paragraph ②
2. If applicant has not paid the Service charges
3. If applicant has violated the material content of the Contract with Provider
4. If anyone is identified as a child under 14 years old
5. If anyone underage person who is 14 years did not obtain the consent of the legal representative or cannot submit the proof of consent
6. Paying for service charges by unauthorized use or stealing of credit card, wire/wireless phone plan, bank account of others
7. Application for use for the purpose of illegal act prohibited by 「Information Communication Network Promotion and Information Protection Act」, 「Copyright Act」, 「Personal Information Protection Act」 and other related laws
8. If applicant has previously lost the entitlement of User to use under this Agreement
9. In addition, if it is deemed that it is considerably inappropriate to give consent for reasons falling under items 1 to 8
③ Provider may suspend the approval until the cause is resolved in any of the following cases.
1. If there is no room in Provider's facility or there is a technical obstacle
2. If there is a disruption in the payment method
3. In the case where it is difficult to accept the application due to the reasons similar to the first or second clause.
④ When the essential information given at the time of application is changed, Customer shall inform Provider without delay by email or Customer Service. If essential information falls under the personal information category, Customer should change the information by oneself in the Account Settings.
① Providers are required to comply with relevant laws and regulations such as the “Law on Development of Cloud Computing and User Protection” and have standards relevant for information protection to protect User's personal information.
② Provider shall be able to carry out regular inspection of the operation and performance in order to provide stable service and notify Customer in advance.
③ Provider shall promptly repair and recover in case of difficulty in maintaining the normal level of service. If it is difficult to handle the matter promptly, Provider should notify Customer of the reason and repair or recovery schedule.
④ Provider must provide an appropriate level of security, and is obliged to prevent leakage of personal information or infringement of rights from third parties.
⑤ Provider should take measures to ensure that Customer is able to easily check payment details and status.
① Customer shall not violate relevant individual terms, laws and regulations such as the Copyright Act (저작권법) in the course of using the service, and shall not engage in acts contrary to goodwill and other social order.
② Customer of Paid service shall pay the fee until the date set forth in the contract, and shall notify Provider promptly when the information necessary for the transaction such as contact, payment method, etc. is changed. Provider is not responsible for any disadvantages caused by Customer is not notifying the Provider of the changes in the above information unless there is intentional or gross negligence on the part of the Provider.
③ Customer is responsible for the management of own access information such as ID and password, and is responsible for any form of infringement or piracy of User Information caused by a violation of Customer's or User's obligation of care.
④ Customer shall confirm and comply with the matters notified by Provider in relation to the provisions of this contract, usage guide and service.
⑥ If the User raises an objection, raises a problem, or files a lawsuit against Provider due to a dispute with Customer, Customer directly resolves the problem at its own expense and responsibility, indemnifies Provider, and all damages of Provider must be compensated.
⑦ If Provider receives various objections, including claims for compensation for damages or lawsuits, from a third party other than Customer in question due to Customer that has committed illegal acts or acts that violate Provider’s individual terms while using the service, Customer must directly resolves the problem at its own expense and responsibility. And Customer indemnifies Provider, and all damages of Provider must be compensated.
① Provider shall provide the service to User according to the Contract, and the scope of service shall be in accordance with the service plan chosen at the time of application.
② Provider makes no representations or warranties of any kind, whether expressed or implied, to you relating to the Services, which are provided to you on an “as is” and “as available” basis.
③ The Provider may provide information about products, new features, and manuals to Customer through email, etc. for better use of the service.
④ Provider and Customer should provide the name and contact information of the department and the person in charge to handle the inquiry or request.
Shiftee Inc. Contact Person: Seung Won Shin, 02-6261-5318, email@example.com
① Provider shall impose a fee for each period of use in accordance with the service plan selected by Customer when applying to use the Service.
② The obligation to pay under the contract of Paid service is irrevocable, and the fees paid is non-refundable unless specified in a separate contract. Even if a Contract is terminated or the account is closed, the service will be provided until the end-date specified in the Contract.
③ Customer is responsible for all taxes related to service fee.
④ If the Customer pays the service fee in a lump sum, additional service fees due to a temporary service expansion or excess enrollment of Users License shall be aggregated, billed by Provider and Customer shall pay the service fees if there is no objection.
⑤ Provider may provide the service in accordance with a separate Contract agreed with Customer.
⑥ Unless otherwise specified in a separate service contract, any changes in pricing plan shall be reflected in the next billing period regardless of the termination date of the Contract.
① Provider shall claim the service fee expected to be incurred during the period of service based on the time of billing and send a invoice or electronic tax invoice.
② Customer is obliged to pay the invoiced amount until the due date specified and cannot revoke the payment obligation. However, if Customer fails to use the service for the reason for which Customer is not responsible, Customer shall not be obliged to pay the service fee during that period.
③ Customer may file an objection regarding the invoiced service fees within 4 days from the date of receipt of the invoice, and Provider shall notify the User about the processing result within 3 days from the date of objection.
④ Customer shall check whether the information entered by Customer relevant to the payment is correct, and Customer shall bear all responsibilities and disadvantages related to the input information.
⑤ Customer is responsible for all problems arising from non-payment of the invoiced fee, except in cases where Provider is found guilty of intentional misconduct, gross negligence and when reasons are admitted by Provider.
① Payment Methods that can be used for paid services are as follows.
1. Credit card
2. Account transfer
② Notwithstanding the Article 13-2 Paragraph ①, payment methods that Customer who use of paid service by regular payment are limited to payment using a credit card. Customer can enter and store a payment method (credit card) and payment information in the service for regular payment, and the stored payment method and payment information are used only for regular payment.
③ Customer cannot arbitrarily use another person’s payment method. Customer are fully responsible for any loss or damage caused by the arbitrary use of another person’s payment method.
④ Customer shall fully bear the responsibility and disadvantages for problems caused by incorrect payment information entered by the Customer for the use of paid services.
⑤ Customer must use a payment method that has legitimate and legal right to use when paying for the paid service. Provider can suspend the transaction process or cancel the transaction until Provider can confirm whether or not, and the confirmation of the legality of the payment method used by the Customer is completed.
① For using paid service by regular payment, customer must enter and store the payment method and payment information in the service in accordance with 13-2 Paragraph ②. Accordingly, the service fee will be paid by regular payment on the regular payment date. Regular payment date will be the first payment date of the paid service by regular payment, Or, it refers to a date arbitrarily designated by Customer. However, if there is no date corresponding to the regular payment date in a specific month, payment will be made on the last day of the month.
② In accordance with Provider policy, the free period of use for paid service by regular payments is provided only once per Customer. A free trial period will not be provided to Customer who withdraw from and re-register for paid service after using all free trial period.
③ When a regular payment is made, Provider notifies the Customer of the payment details in accordance with Article 13.
④ If the payment of the services fee is not normally made on the regular payment date for any reason, such as the expiration of the validity period of the registered payment method, the use of the “paid service by regular payment” may be suspended, and if this situation continues, Provider may terminate the “paid service”.
① Provider shall refund an overpaid service fee to Customer or settle the difference in the next billing period. For delinquency of payment by Customer, Provider shall charge additional fees set by 3/1000 of the delinquent amount multiplied by the number of days in delinquency from the day after the first payment date to the time of full payment.
② If Customer is unable to achieve the purpose of the Contract due to a serious obstacle to the Service for the reasons attributable to Provider, Customer may request Provider to refund the service fees for the period from the occurrence of the failure to the normal use of Service.
① Provider may limit or suspend the use of the Services if it falls under any of the following clauses, and shall resume provision without delay after the cause is resolved.
② Provider shall give 14-day prior notice Customer of restriction or suspension of the use of the Services pursuant to Paragraph ①, Clause 1, and give the opportunity to appeal. However, this shall not apply when it cannot be notified by a reason responsible by Customer.
③ Provider may proceed with the restriction or suspension of the use of the Services pursuant to Paragraph ①, Clauses 2, 3 and 4 without prior notice, and Provider shall notify Customer after proceeding without delay.
④ If Provider suspends the service pursuant to Paragraph ①, Customer shall pay the fee for the period unless there is any special reason.
Customer cannot request to postpone the use of the Services.
① Provider may stop provision of the Services under any case of the following clauses, and shall resume service provision without delay after the cause is resolved.
② Provider may suspend the service pursuant to Paragraph ①, but after the interruption, Provider shall notify the service provider without delay.
③ The notice referred to in paragraph ② shall include the period of interruption, and if Provider exceeds the period, the amount for the excess period shall be deducted from the service fee.
④ If Customer is not responsible for the occurrence of the reasons set forth in each clause of Paragraph ①, additional period may be granted for the period of interruption.
① Provider may provide a free use period of 30 days to Customer for the purpose of service experience, etc. However, the Customer under a certain size determined by the Provider may continue to use the free service.
② If the Customer wants to continue to use this service after the free use period expires, the Customer must select a paid service plan, payment method and then apply for the paid service.
③ If Customer does not apply for the use of the paid service, the service contract ends when the free use period expires. However, an exception is made in the case of Customer who can continue to use the free service in accordance with Paragraph ①.
④ The period of this service depends on the service plan and period of use selected by the user when applying for service or when signing an individual contract with the Provider.
① In the event that there is any reason falling under any of the following clauses, Customer may cancel this contract within three months from the date of receiving the service for the first time or within thirty days from the date of knowing each event.
② Customer may terminate the contract if it falls under any of the following clauses:
③ If Customer intends to terminate the Contract pursuant to Paragraph ① and ②, Customer shall notify Provider of the reason for the cancellation 30 days before the cancellation date, and give Provider the opportunity to appeal. However, when it cannot be notified by a reason responsible by Provider, Customer is not obligated to give a prior notice and an opportunity to appeal.
④ If Customer cancels or terminates the paid service contract pursuant to this Article, the Provider shall calculate and refund the service fee for the remaining period from the expected date of cancellation to Customer
① Provider may cancel the contract if it falls under any of the following clauses:
② Provider may terminate the contract if Customer has violated any obligations of Customer set out in Article 10 or in any of the following cases:
③ When Provider intends to terminate the contract pursuant to Paragraph ②, Customer shall be notified of the reason 30 days prior to termination and shall be given an opportunity to appeal. However, when it cannot be notified by a reason responsible by Customer, Provider is not obligated to give a prior notice and an opportunity to appeal.
④ Provider may terminate Contract without prior notice in the event that Customer causes damages Provider intentionally or by a significant cause responsible by Customer and Provider shall notify Customer of the fact after the termination without delay.
⑤ The termination of the contract pursuant to Paragraph ②, ③ and ④ does not affect claims for damages against the Customer.
⑥ If Provider terminates the contract, Provider shall notify the operator in writing, e-mail or in a similar manner to the following:
① Customer owns and manages the Customer data through input, transmission, creation, modification, deletion, processing and similar actions for the use of this service by Customer.
② Customer may receive the Customer data from partner of Provider or have it transmitted to the partner of Provider. Provider is not responsible for the accuracy of the Customer data transmitted from the partner of Provider and the handling of the transmitted Customer data by the partner of Provider.
③ Unless there is intentional or gross negligence on the part of Provider, all responsibility for problems arising from the management of the Customer data according to paragraphs ① and ②, disputes with User, and compensation for damages lies with the Customer.
① When a contract is cancelled, terminated, or expired, Customer has methods for deleting all Customer Data as below.
② Provider may consider that Company has requested deletion of the company in any of the following cases and provider can delete the company.
1. If Customer don’t use a paid service for 1 year after the free trial ends
2. If a company is created for the purpose of violating Provider’s individual terms or for the purpose of causing damage to the Provider
3. If a causing damage to Provider by violating Provider’s individual terms and related laws
③ In the event that Customer transfers the contract rights and obligations through a transaction transfer contract, the Customer must transfer Owner account directly to the Customer who will take over the company to transfer the company.
① The Provider provides this service “AS IS” and is not responsible for the failure or loss of the benefits expected using the service by Customer.
② Provider shall not bear any responsibility for damages defined in the following clauses unless there is no intentional or gross negligence of Provider.
③ To the maximum extent permitted by applicable law, Provider, affiliates, Provider's and affiliates' officers, directors, partners, employees, agents and advisers, even if advised before, will not be liable in any way for lost profits, lost earnings, lost deposits, or other indirect, punitive, or exceptional damages in connection with use of the Services.
All Users who are authorized to use the Services and the ‘Owner’ (access level) who represents Customer shall also comply with the User Terms of Services.
① In case of any event falling under any of the following items, Provider shall notify Customer by calling, sending sms or mail (including e-mail) whichever is pre-designated by Customer:
② Provider shall notify Customer without delay of any event falling under any of the items in Paragraph ① upon occurrence with the following exceptions:
③ Provider shall notify Customer of the following items without delay when all events under Items 1 to 3 of Paragraph ① occur. However, in cases where it is difficult to immediately know the cause of the item 2, the remaining matters should be notified first, and if the cause of occurrence is confirmed, it should be notified to Customer without delay.
Provider and Customer may not transfer or provide all or part of the rights and obligations under these Customer Terms or the Contract to a third party without prior consent of the other party. Transferring ‘Owner’ access level to another personnel in charge cannot be deemed to be a transfer of rights and obligations.
① Intellectual Property Rights such as Copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights for service belong Provider. Provider exclusively owns all worldwide rights, title, and interest in and to the service including in each case all associated intellectual property rights.
② Provider grants Customer only a license to use the service according to the conditions of use that Provider pre-determines and announces or notifies, including these terms. Customer can’t transfer it to a third party in accordance or dispose of such as selling or offering as collateral with Article 27.
① In case a lawsuit is filed due to a dispute between Provider and Customer, shall be the court under the Civil Procedure Act.
② If either party is a foreign entity, the court of the Republic of Korea shall have jurisdiction over the international trial.
The laws of the Republic of Korea shall apply to the establishment, validity, interpretation and fulfillment of these Customer Terms and Contract.