We are ready to go on an amazing tour across the world as a group. It’s a complex legal and logistical journey. We at HrWex are devoted to making it as transparent and straightforward as possible. These Terms and Conditions (“Terms”) are non-negotiable road regulations. As a result, WE STRONGLY RECOMMEND THAT YOU BECOME FAMILIAR WITH THESE TERMS BECAUSE THEY FORM THE BASE OF OUR CONTRACTUAL RELATIONSHIP. Kindly notify Us if You believe that any of these conditions are manifestly unfair. We are always seeking to understand Your problems and to improve Our services, business strategy, and contracts.
If We make modifications to these Terms, We will post them here to ensure that everyone benefits. Additionally, we will email the address You supplied on the Platform detailing the changes. It is critical that You examine the Terms whenever they are updated, as Your continuing use of the Platform or Services for a period of 30 days after notice constitutes Your agreement to be bound by the new Terms. If You do not agree to be bound by the updated Terms, You must inform HrWex in writing of Your desire to terminate Our business agreement in accordance with the instructions below. We will not charge You any off-boarding costs, and we will do all we can to make a move as seamless as possible. Indeed, it is our responsibility to empower our customers’ businesses, contractors, and team members.
When you join us, you’ll find that the world is your HrWex.
The term “Contractor” refers to a company or person who enters into a contract with Customer Company to perform services and is compensated for those services through the Platform, as defined in these Terms.
The term “Contractor Contract” refers to a contract between the Customer Company and the Contractor.
The term “Customer Company” refers to a firm that enters into a contract with HrWex for the supply of Services.
The term “HrWex” refers to NIVAL CAPITAL SIA, a Latvian limited liability company with registration number 40203010662, as well as HrWex’s subsidiaries and affiliates, as well as their respective directors, officers, employees, licensees, contractors, lawyers, agents, successors, and assigns.
“HrWex Partner” refers to any individual, corporation, or company with whom HrWex enters into a contract or otherwise engages to help with or execute the Services, in whole or in part.
The term “Platform” refers to HrWex’s unique web-based software platform for providing Services.
“Team Member” refers to an exceptional person who is engaged by HrWex and performs Services to a Customer Company in accordance with the terms of a Service Agreement between HrWex and the Customer Company.
“Website” refers to www.hrwex.com and any other websites that HrWex owns or operates.
These Terms, in conjunction with the Service-specific scope of services, HrWex’s Privacy Policy, Website Terms of Use, Data Processing Addendum, and engagement-specific Service Agreement(s) (collectively, the “HrWex Terms”), constitute the entire agreement between You and HrWex (“Us”, “We”, “Our”). HrWex will provide You with worldwide consulting and workforce management, contractor management, and/or other relevant services in return for Your consent to the HrWex Terms and agreed payment (the “Services”). These Services will be given through the Website and Platform and will be backed up by the HrWex team. These Terms constitute a legally enforceable agreement between You and HrWex (either individually or together, the “Party”). By I clicking the appropriate button to indicate Your acceptance of the Terms, or (ii) accessing or using any Service, You indicate your acceptance of the Terms and agree to be bound by them as of the date of such action.
Each Party has the option of disclosing sensitive information to the other. This material may contain trade secrets, private information about Team Members, and price conditions. Unless otherwise agreed or required by law, both We and You shall maintain the confidentiality of such sensitive information and will not disclose it to anyone save Our and Your own employees, agents, contractors, or insurance organisations that have agreed to maintain the confidentiality.
What constitutes a confidential document? The term “Confidential Information” refers to any non-public documents or information that may have business worth or other use. Customer lists, pricing structures, intellectual property, Team Member information, company strategies, and/or innovative ideas and ways of conducting business are all examples. If information is publicly known, easily accessible to the public through no fault of the non-disclosing Party, or if You or HrWex expressly authorise its publication in a written release, it is not secret. However, keep in mind that if Confidential Information becomes public as a result of a Party’s breach of these Terms, it remains Confidential Information and is thus protected by this agreement.
What are my responsibilities? The Parties agree to maintain the confidentiality of Confidential Information. The Parties undertake to take reasonable measures to safeguard the Confidential Information’s confidentiality. Reasonable care is defined as the care that a Party would take to secure its own Confidential Information. The Parties undertake not to reveal the other Party’s Confidential Information to any third party, except as necessary to carry out Our engagement together, and then only under rules of secrecy at least as stringent as those established in these Terms. Each Party retains entirely liable for any unauthorised disclosure made by its agents.
The Parties agree not to compete on the basis of Confidential Information. The Parties undertake to refrain from using Confidential Information in any manner that would be detrimental to the other Party. Each Party undertakes not to discuss Confidential Information with rivals or to utilise Confidential Information in any way that would be detrimental to its company. Sensitive types of Confidential Information, such as trade secrets and certain personally identifying information, are legally protected. The legal obligation to maintain the confidentiality of the information exists independently of these Terms.
What if a revelation occurs? The Parties undertake to promptly inform one another of any unauthorised access, disclosure, loss, or misuse of Confidential Information, as well as any other breach. Additionally, the Parties shall utilise their best endeavours to contain and remediate any such unauthorised access, disclosure, loss, or misuse quickly. Finally, the Parties agree to assist fully in any endeavour to enforce any rights arising from such unlawful disclosure. A Party may be compelled to reveal Confidential Information by law, court order, regulatory investigation, or subpoena (we’ll refer to this as a “Compelled Disclosure”). If either You or HrWex receives a notice of Compelled Disclosure, the receiver will give immediate notification to the other Party, to the extent permitted by law, and appropriate assistance if the decision to fight the Compelled Disclosure is taken.
How long will this duty be in effect? These confidentiality and non-disclosure requirements will survive the termination of Our business partnership for a period of three years. However, within 60 business days of the termination of these Terms, each Party must return to the other Party any documents in their possession, custody, or control that include the other Party’s Confidential Information and/or certify that all copies (electronic or hardcopy) have been destroyed. Where documents or data are required to be retained for a longer period of time due to legal or compliance requirements, the Parties may retain the other Party’s Confidential Information, subject to these confidentiality and non-disclosure obligations, for as long as required by applicable law or retention policy, before returning or destroying it.
You are placing Your business and some personal information in Our hands. We value that confidence and strive diligently to adhere to the strictest data processing standards, norms, and regulations. Please refer to the HrWex Privacy Policy and Data Processing Addendum (DPA) for further information on Our Privacy Program. This section contains an overview of the programme. When these Terms and those documents contradict, the Privacy Policy and DPA take precedence.
Personal Data Control. To provide Our Services, We, You, and HrWex Partners may export, import, collect, and/or process personal data (“Personal Data”) pertaining to individuals who are protected under the EU’s General Data Protection Regulation (GDPR) EU 2016/679 (GDPR) and other applicable data protection and privacy laws. Our DPA goes into further depth on the Parties’ duties, rights, and obligations regarding Personal Data and assists Us and You in complying with the GDPR. Each Party is entirely responsible for adhering to relevant data protection laws and meeting all of its associated duties to third parties, including data subjects and supervisory agencies.
Third-Party Providers and Subprocessors. You permit HrWex to process Personal Data via the use of third parties indicated in Our subprocessor list (“Subprocessor List”), and you also authorise such third parties to employ subprocessors to process Personal Data. We shall notify You in writing in advance of any anticipated modifications to the Subprocessor List. HrWex’s use of any particular third party or subprocessor to handle Personal Data must comply with relevant data protection legislation and be controlled by a contract between HrWex and the third party (and their subprocessors) that imposes equivalent safeguards to those set out in these Terms. HrWex shall provide a copy of its agreements with third parties that handle Your Personal Data upon written request. Please note that when we provide Our third-party contracts, any terms not linked to the Standard Contractual Clauses will be omitted to maintain confidentiality. If You disagree to the appointment of a certain third party (or subprocessor) upon evaluation, You may cancel this agreement in line with the HrWex Terms.
Personal Data Transfers Across Borders Our data storage facility is located in the Republic of Ireland. However, as a result of the nature of Our Services and our internationally dispersed team, Personal Data may be processed outside the European Economic Area (EEA), including in the United States. If We or Our third parties are required to transfer Personal Data outside the EEA in order to provide Our Services, We ensure that it receives a comparable level of protection by either utilising specific contract clauses approved by the European Commission or requiring third parties to demonstrate similar protections to those provided to Personal Data within the EEA. By using Our Services, You consent to the transmission, storage, use, and onward transfer of Personal Data to the United States, where We are headquartered, and to other countries in which We and/or Our service providers operate.
Loss of data. Each Party shall inform the other as soon as feasible and no later than 72 hours after becoming aware of a reportable loss of Personal Data (“Incident”). Rapid notification enables each Party to evaluate the steps required to settle an Incident in line with relevant legislation. When an Incident happens, the Parties undertake to assist one another in a timely and lawful way.
Cooperation and Auditing Responsibilities. Both You and HrWex undertake to cooperate in a fair manner with respect to any demands from persons exercising their rights under relevant data protection legislation regarding Personal Data. HrWex will make all information required to show compliance with relevant data protection legislation accessible to You and Your regulators. If You agree to bear the expense (regardless of the outcome), HrWex will authorise and cooperate with You in initiating a data protection impact assessment and a third-party audit.
Contractual Standard Clauses. The Service Agreement, which contains these Terms and those of Our DPA by reference, shall be deemed to constitute a signing to the Standard Contractual Clauses. If You need a separately signed agreement for compliance reasons or to comply with the laws or regulatory processes of any country, HrWex’s signed DPA, which contains the Standard Contractual Clauses, is available for download here.
We like regulations and adhere to them. We demand compliance with all relevant anti-bribery, anti-money laundering, and anti-trafficking laws.
Anti-Corruption. Anti-corruption laws prohibit public officials and private individuals or businesses from creating, promising, authorising, or providing any benefit or anything of value to achieve an unfair advantage, to illegally acquire or maintain business, or to divert business to another person or company. The Parties undertake to comply with all relevant anti-corruption laws, including but not limited to the US Foreign Corrupt Practices Act (“FCPA”), the UK Bribery Act (the “UK Act”), the Singapore Prevention of Corruption Act (“PCA”), the Mexico General Law on the National Anti-Corruption System (“GLAR”), the Canadian Corruption of Foreign Officials Act (“CFPOA”), and any other applicable anti-corruption and anti-bribery legislation (collectively “Anti-Corruption Laws”).
Legislation That Is Applicable. HrWex is fully accountable for its acts and omissions in connection with the employment of Team Members and the supply of Services. However, we are all in this together, and you have an important part to play as well. You undertake to comply with all relevant rules and regulations while interacting or utilising Services via HrWex.
You and HrWex agree that neither Party will willfully take any conduct that would constitute a violation of any relevant law on the other Party’s part. Additionally, each Party shall quickly notify the other Party if it has knowledge or suspicion that any law, regulation, or work rule has been violated in connection with the execution of any activity under the HrWex Terms.
HrWex may give information regarding relevant legislation through the Platform and Website. We make every effort to ensure that Our information and templates are accurate, current, and up-to-date, but You acknowledge and agree that HrWex is not a law firm, attorney, or tax advisory firm and that the information provided is not a substitute for the advice or services of an attorney or tax professional. Before embarking on a new business connection or expanding into other nations, it is always prudent to contact a certified legal, tax, and accounting specialist.
Please contact us if you would like to view a demo of the HrWex platform.
NIVAL CAPITAL SIA
Company no.: 40203010662
VAT: LV40203010662
Dzirciema iela 56 – 11
1055 Rīga
Latvia
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