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Terms of Service

Introduction

This Service agreement (“Agreement”) regulates the terms and conditions of using the Welstaff platform (“Service”) and is entered into by You (“User”) and Welstaff OÜ (“Service Provider”) located at Valge 13, 11415 Tallinn, Estonia (hereinafter jointly referred to as Parties). The Terms and Conditions also encompass the Privacy policy and the Data handling policy. By registering for or using the Service, the User agrees to having read and fully understood the Agreement. By registering for or using the Service, the User also agrees to having entered the Agreement and being bound by the terms in the Agreement and the Privacy Policy regardless of the form of registration or use of the Service. By entering the Agreement, the User states being at least 18 years of age and having adequate legal capacity to enter into the Agreement. The User will use the Service only for lawful purposes, in accordance with the Agreement and the instructions provided on the Welstaff website https://welstaff.eu (hereinafter jointly referred to as “Website”).

Your Account, Password and Security

In order to use the Service, the Service Provider may ask for some information from the User (company name, contact information, etc.). The User states that all the information provided to the Service Provider is current, complete, and accurate to the best of the User’s knowledge. The Service Provider reserves the right to suspend or stop any Users from using the Service in case the information provided by the User has not been current, complete, and accurate. In case the information provided to the Service Provider by the User should change, the User is obliged to immediately notify the Service Provider. The User does not circumvent or attempt to circumvent the user authentication systems used by the Service Provider. The User is entirely responsible for all activities which occur while or as a result of using the Service. The User is liable for any damages, losses, or costs that the Service Provider or any third party sustains as a result of the User using the Service. The User is also liable for any damages, losses, or costs that the Service Provider or any third party sustains as a result of a third party using the Service with the User’s password, account name, or account information. Therefore, the User is responsible for maintaining the confidentiality of passwords and any information regarding the Service or the User’s personal account. The User is to immediately notify the Service Provider (info@welstaff.eu) of any unauthorized use of the User’s password or account of which the User is aware.

Prohibited Use of Service

Under any circumstances the User shall not transmit any messages using the Service which: (a) are unsolicited. That is sending messages to recipients who have not explicitly requested to receive messages from the User. (b) contain content deemed illegal by the laws of Estonia and/or the laws of the recipient’s country. (c) are unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic, abusive, misleading, threatening, or otherwise intend to cause distress, annoyance, inconvenience, worry or upset to the recipient. (d) contain copyright trademarks or other intellectual property without the written permission of the holder of these rights. (e) may lead the Service Provider to a negative reputation.

The User is to immediately notify the Service Provider if any such prohibited messages have been sent using the Service.

As a result of prohibited messages being transmitted using the Service, the Service Provider may at its discretion temporarily suspend the account which has been used to send such messages until the matter is resolved to the satisfaction of the Service Provider. In extreme cases, the Service Provider can also terminate such account and the Agreement with the User related to the account. In the instance of any fines being levied against the Service Provider as a result of prohibited messages having been sent using the Service, the User responsible for sending such messages or owning the account used to send such messages is held liable to pay each fine in its entirety.

Service and Termination

The Service Provider makes no guarantees regarding the performance of the Service’s systems and those of the mobile operators. This Agreement may be terminated with or without cause at any time by sending a written notice to the Service Provider (info@welstaff.eu). The Service Provider may investigate any activity that may violate this Agreement and may at any time in its sole discretion terminate this Agreement.

Final Provisions

This Agreement is governed by the laws of Estonia. The User agrees that the English language version of the Agreement will govern the relationship between the User and the Service Provider. All translations from the English language Agreement to some other language are provided for convenience. In case of any contradictions between the English language version of the Agreement and any translations, the English language version shall take precedence. Parties shall not be responsible for total or partial default on their obligations hereunder where this occurs due to the impact of force majeure circumstances. The Parties shall construe force majeure circumstances as circumstances which a Party could not foresee at the time of concluding the contract and could not prevent or remove with any means whatsoever. Such circumstances shall be: natural calamities, strikes, fires, war, lawful or unlawful decisions of public authorities, etc.

Use and Storage of Customer Data

All customer data processed and stored including:

  • Contact information and contact information changes, including payments and payment history.
  • User interface interaction activity and activity logs, previous login time and login IP.
  • User uploaded data for message delivery and phonebook management.
  • Traffic routing information.

This data is handled as confidential and sensitive information and is only accessed by a limited number of people from the Welstaff team, as well as the rights retained by the client to limit content availability via hiding or hashing content.

The data is gathered, processed, and stored only in cases of:

  • Performing contractual obligations and in order to deliver the service described in the Terms and Conditions or as set forth in agreements between the client and Welstaff.
  • Customer support to the extent required to resolve the issue and prevent future issues from occurring.
  • To improve service quality to the necessary extent by processing and analyzing customer data or to alternate message routing channels.
  • To ensure compliance with applicable laws and regulations, including data storage demands as set forth by Estonian and EU regulations.
  • Accessed by third parties only as far as is needed to sustain service functionality and stored by third parties as demanded by law and the agreements between Welstaff and its partners.

Data Retention Periods: All personal data relating to the account are retained for the duration of the active use of the account or until the data subjects request for data deletion unless required otherwise by law. All user activity logs are kept for a reasonable time (no longer than six months) to provide service reports and service use history, or until the data subjects request for data deletion unless required otherwise by law. All consensual personal data are kept for a reasonable time (no longer than six months) or the duration of the active use of the account or until the data subjects request for data deletion unless required otherwise by law.