These terms and conditions (the “Terms and Conditions”) are entered into by and between: – Enfaq, Inc. (“Enfaq”). – And the Client, who is a legal entity or an organizational unit of a legal entity that subscribes to Enfaq’s services under these Terms and Conditions (the “Client”), Individually “a Party”, together, “the Parties”. The Parties enter into this contract when the Client accepts these Terms & Conditions electronically while registering for Enfaq's services. This means that the Client represents and acknowledges having read, understood, and agreed to be bound by these Terms and Conditions. The person entering into the Contract on behalf of a company or another legal entity guarantees to have the authority to bind such entity (or company) and its representatives to the Contract.

DEFINITIONS

All terms defined below beginning with a capital letter are defined as follows:

• Contract: means these Terms and Conditions and its appendices (when applicable).
• Data: means any data from the Client database uploaded to the Enfaq platform that can be accessed by Users.
• Identifiers: means both the identifier specific to the user (“login”) and the login password (“password”) provided by Enfaq;
• Expense Solution: means the software solution in SaaS mode (including updates, upgrades, and corrections delivered by Enfaq as part of the Services) made available to the Client.
• Personal Data: means any information which directly or indirectly identifies any individual, including by reference to an identifier, such as, without limitation, the name, address, email address, phone number, identification number, or an identifier.
• Services: refers to the hosting, maintenance, and support services provided by Enfaq to the Client in relation to the Expense Solution.
• User: means a natural person authorized by the Client to use the Expense Solution and the Services.

PURPOSE

The purpose of this Contract is to define the conditions under which the Client is authorized to use the Expense Solution and the Services. These Terms and Conditions supersede any terms and conditions of purchase of the Client and any prior agreements between the Parties related to Enfaq’s services. In addition, any specific clauses in the Contract supersede its general provisions on the same subject.

FINANCIAL CONDITIONS

Enfaq authorizes the Client to access and use the Expense Solution and the Services conditioned on the payment of the fees mentioned on the invoice and the Billing Page. The total subscription price will depend on the billing period, selected plan type, extensions, and additional services chosen by the Client. If the Client’s payment method fails and the Client fails to edit its payment information on time, Enfaq may suspend the Client’s subscription. The Client will also have the opportunity to activate additional Users. The Client agrees that in case the number of Users exceeds its purchased subscription, Enfaq will charge the Client’s payment card for these users. The Client can verify, before purchase, the current plan in its subscription. The Client expressly waives any repayment of amounts prepaid in advance. All fees are exclusive of VAT (and other indirect taxes) and payable via payment card. Monthly Payment Users: The Client authorizes Enfaq to charge its payment method automatically every month until the end of the Contract. Enfaq may change its fees each monthly renewal term and will notify the Client of any rate changes. The Client will have the choice to cancel the Contract before such rates start to apply. Yearly Payment Users: The Client authorizes Enfaq to charge its payment method in one lump sum, the annual fee at the time of purchase. Every year upon renewal, Enfaq will charge the current fees in one lump sum until the Client cancels the contract. Enfaq may change its fees each annual renewal term and will notify the Client of any rate changes. The Client will have the choice to cancel the Contract before such rates start to apply.

DURATION – TERMINATION

This Contract comes into force on the date of acceptance of these Terms and Conditions by the Client, for an indefinite period. Monthly Payment Users: The subscription will renew each month until the Client cancels. The Client may configure, upgrade, and manage (also cancel) its subscription through the Billing page. The Client may choose to switch from a monthly payment subscription to a yearly one at any time, applicable from the end of the current monthly term. Yearly Users: The subscription will renew each year until the Client cancels. The Client may configure, upgrade, and manage (also cancel) its subscription through the Billing page. The Client may choose to switch from a yearly payment subscription to a monthly one at any time, applicable from the end of the current yearly term. Enfaq may terminate or suspend the contract immediately upon notice if the Client fails to pay its subscription, in the event of apparent insolvency, or if the Client violates the terms of the Contract. Upon termination of this Contract, for whatever reason, Enfaq may revoke any access to the Expense Solution, and the Client shall immediately cease any access and use of the Expense Solution and the Services. Enfaq will determine, at its sole discretion, the eligibility and access to any free trial offers to the Client. For example, Enfaq may refuse such a free trial if the accounts seem to be fraudulent or from a competitor.

ACCESS AND USE OF THE EXPENSE SOLUTION

The Client may access and use the Expense Solution 24 hours a day, 7 days a week, subject to maintenance periods. The Expense Solution will be accessible from the Client’s compatible devices (computers, mobiles, or tablets). To access the Expense Solution, the Client must use the Identifiers provided by Enfaq. The Identifiers are intended to restrict access to the Expense Solution by the Client and its Users, ensuring confidentiality of the Data and to protect the integrity and availability of the Expense Solution. Identifiers are personal and confidential. The Client agrees to take any necessary measures to keep its Identifiers confidential and not to disclose them in any form whatsoever. Enfaq shall not be held responsible for any damages resulting from any loss or data breach derived from the disclosure by the Client of the identifiers assigned to the Client and its Users.

INTELLECTUAL PROPERTY RIGHTS

The Expense Solution, as well as all its components (such as trademarks, logos, computer programs, graphics, images, texts) are the exclusive property of Enfaq or have been granted to it. This Contract does not imply any assignment of intellectual property rights of any kind on any elements belonging to Enfaq. Enfaq grants the Client a personal, non-exclusive, non-assignable, non-transferable right to use the Expense Solution for the duration of this Contract for its Users on a worldwide basis and for the sole purpose of the Client’s internal needs. The Client shall use the Expense Solution and shall authorize access to it by the Users in accordance with its requirements, any documentation provided, and these Terms and Conditions. The Client may not in any case transfer, delegate, or allow a third party to make use of its right to use the Expense Solution and is strictly prohibited from any other use. In particular, the Client is not permitted to make any copy, correction, adaptation, modification, translation, arrangement, distribution, decompilation, alteration, and more generally, any change to all or part of the Expense Solution. Nor may it permanently or temporarily reproduce all or part of the Expense Solution by any means and in any form.

SERVICES

The Client shall provide Enfaq with any information required for the performance of the Services. Enfaq provides the following Services to the Client:

1. Provision and Maintenance of the Expense Solution: Enfaq may implement upgrades, updates, and new versions of the Expense Solution. Any new versions might include modifications or deletions of existing features and/or new features or capacities.
2. Technical Support for the Expense Solution: Technical issues and requests can be reported via email: [email protected] and will be processed from Sunday to Thursday from 09:00 AM to 6:00 AM (excluding public holidays).
3. Additional Training and Configuration Services: At the Client’s request, Enfaq may provide additional services, which will be invoiced in accordance with the applicable pricing.

The Client acknowledges that the Expense Solution is an ancillary SaaS platform and Enfaq is not engaged in the provision of any accounting, tax, or consultancy services that may be enabled by and/or available to the Client through their own use of the Expense Solution.

PERSONAL DATA

Each Party shall comply with any applicable law related to Personal Data. Enfaq collects and processes Personal Data in accordance with its privacy policy. For the purpose of this Contract, Enfaq will access Users’ Personal Data and will process them on behalf of the Client, in its capacity as Data Processor. For more information on this subject, please review our Privacy Policy.

CONFIDENTIALITY

For the purposes of this Contract, “Confidential Information” means all confidential and proprietary information of a Party disclosed to the other Party, whether orally or in writing, that is clearly identified in writing or verbally at the time of disclosure as confidential. It includes Enfaq’s documentation, the Data, and information related to the Expense Solution, whether or not marked as confidential or proprietary. Each Party agrees not to use or reproduce the Confidential Information of the other Party for purposes other than for the requirements of the Contract and not to disclose or transfer the Confidential Information of the other Party to any third parties without its prior written consent. Confidential Information can be disclosed by the other Party to its employees, officers, and consultants as well as to employees, officers, and consultants of its subsidiaries or authorized subcontractors solely for the purposes of performance of the Contract, provided that such individuals are duly informed of the confidential nature of the information and are bound by obligations of confidentiality no less stringent than those contained in this Agreement.