These terms and conditions (Terms) apply to the purchase by you of any benefits which we, Hi Bob (UK) Limited, have agreed to make available to you and your employees on the HiBob platform.
The Benefits are made available by Hi Bob (UK) Limited (HiBob, we, us and our). We are a limited company, registered in England. Our registered company number is 10568577, and our registered office is at Highlands House Basingstoke Road, Spencers Wood, Reading, RG7 1NT. Our VAT registration number is 261 4549 05.
Full details of these Benefits being made available to you have been provided to you prior to accepting these Terms.
Your right to access and use the HiBob platform and make the HiBob platform available to your employees are subject to separate terms and conditions which we have previously entered into with you. Nothing in these Terms amends or alters those terms and conditions and you remain bound by them.
By clicking on the "Accept" button you agree to be bound by these Terms in connection with the Benefits which we make available to you and your employees.If you do not agree with these Terms and/or do not wish to make the Benefits available to your employees you should not click on the "Accept" button.You should print a copy of these Terms for future reference.
These Terms were last updated on 26 September 2017.
Authority to enter into these Terms and Conditions
If you are accepting these Terms on behalf of your organisation you must have the necessary authority, power and right fully to bind the legal entity or organisation on whose behalf you wish to be granted access to the Service(s) ordered. If you are not authorised to bind that legal entity or organisation, you must not attempt to accept these Terms. By accepting these Terms, you represent and warrant to us that you are duly authorised.
Full details of the Benefits, including any fees payable, are set out on the HiBob platform.
All Benefits are provided by third party providers ("Benefits Provider").When your employee registers to receive a Benefit they will be registering directly with the relevant Benefits Provider and they will be providing their personal information (if applicable) directly to the relevant Benefits Provider.
If you chose to make childcare vouchers available to your employees via the HiBob platform, you will have to enter into a separate agreement with the relevant Benefits Provider who is to provide the childcare voucher.You will be responsible for reviewing and agreeing that agreement directly with the relevant Benefits Provider without the involvement or direction of HiBob.
HiBob allows your employees to access the Benefits you agree to make available on the HiBob platform and in no circumstance with HiBob provide the Benefits directly.HiBob shall have no liability for any liability which you or your employee may incur in connection with any of the Benefits. You or your employee should raise any concerns or liabilities suffered as a result of the provision of any of the Benefits directly with the relevant benefits Provider.
By accepting the Terms, you agree that you will, subject to the following paragraph, allow us to make the Benefits available to your employees for a period of 12 months from the date you accept these Terms (Initial Term). At the end of the Initial Term, these Terms will automatically continue for subsequent 12 month periods (Renewal Term) unless terminated by either party in accordance with the Termination section below.
Notwithstanding the previous paragraph, you may terminate your purchase of the Benefits if we give you notice, of not less than 60 days, that we intend to change the Benefits Provider for an alternative and you are not happy with this new Benefits Provider. In this instance you may give us notice, which shall take effect on the last day of the month in which you give notice, of your intention to cease receiving the relevant Benefit.Following receipt of your notice we will cease to make the Benefit available on the HiBob platform and no further Fees, other than those already accrued, will be payable by you for that Benefit.For the avoidance of doubt, all other Benefits which you have purchased and for which there is no change to the Benefits Provider will continue to be provided.
The fees (Fees) payable in return for HiBob making a Benefit available to you and your employees are as set out on the HiBob platform and throughout the registration process next to the details of the specific Benefit. We may change the Fees payable prior to the start of each Renewal Term and if we choose to do so we will give you 60 days notice in writing of these change in Fees. Unless you terminate these Terms in accordance with the procedure set out in the Termination section below, we will automatically apply the new Fees in next Renewal Term.
Fees are payable, in advance, on a monthly basis. All Fees are exclusive of value added tax (VAT) which, where chargeable by HiBob, shall be payable by you at the rate and in the manner prescribed by law.
HiBob will invoice you for the applicable Fees on a monthly basis.All invoices must be paid within 30 days of the date of the invoice.
You are responsible for all Fees payable. If you have questions regarding these Fees you should contact us to discuss.
If you do not pay us Fees you owe us on time, we may suspend or terminate your and your employees access to the Benefit (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, Fees will continue to be incurred until these Terms are terminated.
If you do not wish for us to make the Benefits available to your employees you must notify us in writing or by clicking on the cancellation link on the HiBob platform and completing the requested information, at least 30 days prior to the end of the Initial Term or relevant Renewal Term that you wish to terminate these Terms. Notice may be given at any time during the Initial Term or Renewal Term and up to 30 days before the end of the Initial Term or relevant renewal Term but the notice will only have effect at the end of the Initial Term and/or relevant Renewal Term.If you do not give us notice in accordance with this section you these Terms will automatically renew.
Notwithstanding the previous section, either party may terminate these Terms by giving the other written notice if:
- the other materially breaches any term of this agreement and it is possible to remedy that breach, but the other fails to do so within 30 days of being requested in writing to do so; or
- the other becomes insolvent, makes composition with its creditors, has a receiver or administrator of its undertaking or the whole or a substantial part of its assets appointed,or an order is made, or an effective resolution is passed, for its administration, receivership, liquidation, winding-up or other similar process, or has any distress, execution or other process levied or enforced against the whole or a substantial part of its assets (which is not discharged, paid out, withdrawn or removed within 28 days), or is subject to any proceedings which are equivalent or substantially similar to any of the foregoing under any applicable jurisdiction, or ceases to trade or threatens to do so.
HiBob may immediately, on written notice, terminate these Terms if the Benefits Provider ceases to provide the Benefits or the Benefits Provider terminates its agreement with HiBob.
Upon termination of these Terms, for any reason:
> All rights granted to you under these Terms will immediately cease;
> We will cease to make the Benefits available; and
> You must pay us all outstanding Fees that you owe.
Nothing in these terms shall limit or exclude our liability to you:
> for death or personal injury caused by our negligence;forfraudulent misrepresentation; and
> for any other liability that, by law, may not be limited or excluded.
Subject to the previous paragraph, we shall not be liable for any indirect, consequential or special loss (including any loss of profit, loss of business or contracts, lost production or operation time, loss of or corruption to data, loss of goodwill or anticipated savings, but only to the extent any such losses are indirect, consequential or special loss) however arising (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise), whether or not such loss was foreseeable or if the party which would otherwise be liable for such loss was advised of its possibility (and, for the purposes of this paragraph, the term "loss" includes a partial loss or reduction in value as well as a complete or total loss).
Subject to the previous two paragraphs, HiBob's party's total liability arising out of or relating to these Terms or its subject matter and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited, in aggregate for all claims arising, to 100% of the total of all amounts payable (whether or not yet paid) by the you under these Terms in the 12-month period in which the liability arose.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with our express written consent.
These Terms set out all of the terms that have been agreed between us in relation to the Benefits provided under it, and supersedes all previous agreements (if any) between us relating the Benefits.Provided always that nothing in this paragraph will operate to limit or exclude any liability for fraud or fraudulent misrepresentation, no other representations or terms shall apply or form part of this agreement.Each party acknowledges that it has not been influenced to enter this agreement by, and shall have no right or remedy (other than for breach of contract) in respect of, anything the other party has said or done or committed to do, except as expressly recorded in these Terms.
These terms shall be governed by English law. You agree that any dispute between you and us regarding these Terms will only be dealt with by the English courts.