Customer Terms of Service User Terms of Service Privacy Policy Acceptable Use Terms of Location-Based Service

Customer Terms of Service

Effective: 2019-08-18

Chapter 1: General Provisions

Article 1 (Purpose)

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”).

Article 2 (Definitions)

The terms used in these Customer Terms are as follows.
① “Provider” means the service provider providing the service;
② “Customer” means an individual or a business entity such as corporation, proprietor, partnership who has entered into a contract with Provider to use the Services and that uses the Service.
③ “Contract” means the usage plan or the individual contract Customer agrees to use the Services.
④ Authorized User (the “User”) means an person who uses the services within the boundary of a company Customer has created.
⑤ “Customer Data” is information Customer or Users save to Provider's database in the form of, but not limited to, submitting, recording, logging, uploading and are owned and managed by Customer.
⑥ “User Information” is a credit information of a user or personal information which can identify a specific individual consisting of, but not limited to, credit card info, bank account info, name, email address, phone number, etc.
⑦ “Individual Terms” means the documents distributed or posted by Provider under the names of ‘Terms’, ‘Guidelines’, ‘Policies’, ‘Policies’, etc.

Article 3 (Posting of Terms)

① This Agreement and the Individual Terms shall be posted at the appropriate place on the website operated by Provider.
② Provider shall provide appropriate procedures for Customer to inquire and respond to the contents of these Customer Terms.

Article 4 (Agreement of Terms)

① Customer must use this service in accordance with the 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.

Article 5 (Modification)

① If Provider determines that it is necessary, Provider may change these Customer Terms and Individual Terms at any time without prior notice to Customer or users.
② After the change, these Terms and Conditions and the Individual Terms will be effective from the time they are posted in the appropriate place on the website operated by Provider. Customer shall be deemed to have given an effective and irrevocable consent to these Customer Terms and Individual Terms by actually using or allowing a user to actually use the Service after the change.
③ These changes can not be individually notified to Customer or Users, so when using this service, please refer to the latest Customer Terms and applicable Individual Terms from time to time.

Article 6 (Interpretation of Terms)

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.

Chapter 2 Contract and Agreement of Terms

Article 7 (Application to Use Service)

① An entity, not limited to, individual, corporation, proprietor, partnership, who applies for a contract to use the Service (hereinafter referred to as the “Applicant”) may submit an application for the use of the Service in accordance with procedures set by Provider.
② Applicant shall provide the essential information necessary for the provision of the Service, and Provider shall guide User the purpose of collecting information and the scope of the usage in the Privacy Policy.
③ 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.
④ When a minor applies for the use, he or she must obtain the consent of the legal representative, and the specific procedure is provided by Customer. Provider is not responsible for any problem that arise in regards to Applicant's age.

Article 8 (Approval and Limitation of Use Application)

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 under any of the following clauses:

  1. If applicant violated Article 7 (Application to Use Service) Paragraph ③
  2. If applicant has not paid the Service charges
  3. If applicant has violated the material content of the Contract with Provider
  4. If a minor did not obtain the consent of the legal representative or cannot submit the proof of consent
  5. Paying for service charges by unauthorized use or stealing of credit card, wire/wireless phone plan, bank account of others
  6. 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
  7. If applicant 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 7

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 information given at the time of application is changed, Customer shall inform Provider without delay.

Chapter 3 Obligations of Contracting Party

Article 9 (Obligations of Provider)

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 for information protection.
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.

Article 10 (Obligations of Customer)

① Customer shall not violate relevant 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 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.
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.

Chapter 4 Use of Services

Article 11 (Provision and Change of Service)

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 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, legal@shiftee.io

Article 12 (Service Plans and Charges)

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 - The service fee shall be paid in advance.
② The obligation to pay under the contract of use 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. However, in the case of Paragraphs 1 and 2 of Article 19 (Cancellation and Termination of Customer), Provider shall refund the paid service fee for the remaining period from the scheduled date of termination.
③ Customer is responsible for all taxes related to service fee.
④ Additional service fees due to a temporary service expansion or excess enrollment of Users 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.

Article 13 (Billing and Payment of Service Fees)

① Provider shall send an invoice to Customer each billing period.
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 15 days from the date of receipt of the invoice, and Provider shall notify the operator of the result of the processing within 15 days from the date of receipt of the objection.

Article 14 (Settlement and Refunds)

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.
② If Customer is unable to achieve the purpose of the Contract due to a serious obstacle to the Service, Customer may request Provider to refund the service fees for the period from the occurrence of the failure to the contract termination date.

Article 15 (Restriction and Suspension to Use 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.

 1. In the case that Customer does not pay the fee within fourteen (14) days after receiving the delinquency notice from Provider  2. When Customer or User arbitrarily provides the Services to the third party  3. When Customer or User makes an act that causes serious damage to the system operation or network security, or causes the data corruption or server suspension, etc., or such act may have violated or violate the provisions of this contract  4. In case of violating other related laws or obstructing Provider's business

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.

Article 16 (Postponement of Use of Service)

Customer cannot request to postpone the use of the Services.

Article 17 (Interruption of Service Provision)

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.

  1. Inability to provide services inevitably due to reasons such as improvement of system, expansion/maintenance/inspection of facilities, management and operation of facilities
  2. When it is needed to cope with unexpected unstableness of service caused by electronic intrusion and communication accident
  3. If normal service can not be provided due to natural disaster, power outage, service facility failure, etc.

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.

Chapter 5 Service Term and Termination

Article 18 (Automatic Renewal of Service Period)

① Contract to use our Services, unless otherwise specified in the separate agreement, shall be automatically renewed each billing period regardless of service plans.
② The fee shall be in accordance with the rate policy at the time of each renewal.

Article 19 (Cancelation and Termination by Customer)

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.

  1. If the services agreed to in this Agreement are not provided
  2. If the service provided is significantly different from the advertisement, etc.
  3. If the service is not available or significantly difficult to use due to a defect

② Customer may terminate the contract if it falls under any of the following clauses:

  1. If Provider fails to fulfill the contractual obligations due to bankruptcy or other reasons during the provision of the service, or if the fulfillment of the obligations becomes significantly difficult
  2. If Provider does not fulfill provisioning of service according to the specifications of Contract agreed to.

③ If Customer intends to terminate the Contract pursuant to Paragraph 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.

Article 20 (Cancelation and Termination by Provider)

① Provider may cancel the contract if it falls under any of the following clauses:

  1. If Customer is unable to achieve the purpose of the contract even after Provider has initiated the service
  2. If, before provision of the service and after the establishment of a Contract, Customer is unable to fulfill the obligations under the contract due to bankruptcy or other reasons, or the fulfillment of the obligations becomes significantly difficult

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:

  1. In the case where Customer violates the obligation as set forth in Article 10 (Obligations of Customer) and falls under any of the following items:
    I. After the service provider is suspended from using the service, and the payment of the service charge is overdue 3 months or more
    II. If Customer disposes of the contractual rights and obligations to a third party without the consent of Provider
  2. If Customer restricted to use the service in accordance with Article 15 (Restriction and Suspension to Use Service), does not resolve the cause for a considerable period of time.
  3. Termination of the service upon termination of the business

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 If Provider terminates the contract, Provider shall notify the operator in writing, e-mail or in a similar manner to the following:

  1. reasons for cancellation
  2. Termination date
  3. Refund Costs

Chapter 6 Protection of Customer and User Information

Article 21 (Protection and Management of Customer Data and User Information)

Provider shall protect Customer Data and User Information as stipulated by relevant laws and regulations. The protection and use of User Information shall be governed by the related laws and regulations and the Privacy Policy notified separately.

Article 22 (Processing of Customer Data after Termination)

① When a contract is cancelled, terminated, or expired, Customer is responsible for deleting all Customer Data and ask all Authorized Users to close account with Provider as below for we cannot delete accounts of individual Users.

  1. Customer is responsible for retrieving all Customer Data in the account before requesting to delete company.
  2. Customer is responsible for closing owner's User account.
  3. In the event that it is virtually impossible to return Customer data, it shall be destroyed.

② Provider shall completely destroy Customer Data in a way that cannot be recovered.
③ When Customer transfers Customer Data to another service provider, Provider should cooperate with the transfer.

Chapter 7 Indemnification of Provider

Article 23 (Indemnification by Provider)

① Provider disclaims all promises or warranties with respect to the Services and the specific function or utility of the Services and provides the Services “AS IS”.
② Provider shall not bear any responsibility for damages defined in the following clauses.

  1. Physical injury or damage to Customer or User due to access to and use of the Services
  2. Damages caused by an unauthorized access to Provider's server using accounts of Customer or Users
  3. Damages caused by interference or interruption of the Services by a third party
  4. Damage caused by transmission of bugs, viruses, Trojan horses, or other similar things by third parties.
  5. Damage caused by missing or damaged data
  6. Damages caused by Customer or Authorized Users to the third party Customer in the course of using the Service (including, without limitation, defamation)
  7. Damages caused by errors and mistakes in regards to calculation of work hours, remaining annual leaves, payroll and any reports generated by Shiftee.

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.

Article 24 (User Terms for All Users Including Owner)

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.

Article 25 (Notification to Customer)

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:

  1. Infringement
  2. Leakage of User Information
  3. Service interruption
  4. Termination of service
  5. Other matters that have a significant effect on the use of the services of 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:

  1. If Provider gives 14-day prior notice for service interruption
  2. If Provider notified of termination of the Services 30 days in advance
  3. If Provider closed or terminated its business and notified 30 days in advance

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.

  1. What happened
  2. Cause of occurrence
  3. Status of preventive measures against damage spread by Provider
  4. How Customer can prevent or prevent spread of damage
  5. Department in charge and contact

Article 26 (Restriction on Transfer, etc.)

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.

Article 27 (Competent Court)

① In case a lawsuit is filed due to a dispute between Provider and Customer, the Seoul Central District Court shall be the court of jurisdiction.
② If either party is a foreign entity, the court of the Republic of Korea shall have jurisdiction over the international trial.

Article 28 (Governing Law)

The laws of the Republic of Korea shall apply to the establishment, validity, interpretation and fulfillment of these Customer Terms and Contract.