Software as a Service Terms of Service
This document forms an integral part of the agreement governing the Client’s access to and use of MyWorkplaceCloud.
The Client accepts these general terms and conditions set forth in this document by either of the following actions:
(a) by clicking “I accept” or a similar button or checkbox during registration for MyWorkplaceCloud; or
(b) by sending a purchase order.
(a) This clause applies if the Client participates in a free trial offer when registering for MyWorkplaceCloud.
(b) For the purposes of this clause, “Free Trial Period” means the longer of the following dates:
(i) the free trial period as displayed on the Website when the Client registers for MyWorkplaceCloud;
(ii) a period of 30 days after the Client’s registration for MyWorkplaceCloud.
(c) Each Client may only benefit from one Free Trial Period during their lifetime.
(d) Subject to other provisions of this clause 2, no fees will be charged to the Client for access to and use of MyWorkplaceCloud.
(e) If the Client wishes to continue accessing or using MyWorkplaceCloud after the expiration of the Free Trial Period, they must complete and submit a Purchase Order to Vittoria.io before the expiration of the Free Trial Period.
(f) The Client acknowledges and agrees that during the Free Trial Period, the MyWorkplaceCloud Application is made available to the Client to allow them to evaluate the MyWorkplaceCloud Application and for no other purpose.
(g) The Client may terminate this Agreement at any time before the end of the Free Trial Period by using the cancellation link on the Website or by making a written request to support.
(h) Upon expiration of the Free Trial Period, Vittoria.io may cancel and delete the client’s account and all client data without prior notice to the client.
(a) If no Purchase Order is completed and submitted by the Client and accepted by Vittoria.io, this Agreement will terminate upon expiration of the Free Trial Period.
(b) If a Purchase Order is completed and submitted by the Client and accepted by Vittoria.io, this Agreement will take effect on the Effective Date and will continue for the Initial Term.
(c) Subject to paragraph (d), this Agreement will be renewed for subsequent periods of 12 months each, unless the Client provides at least 30 days’ prior written notice before the expiration of the initial term or any subsequent term if they do not wish to renew the Agreement in accordance with this sub-clause.
(d) The Client agrees that Vittoria.io may review and adjust rates at or before the time of renewal of this Agreement by publishing the new rates on the Website or by notifying the Client in writing before the renewal of the Agreement.
(a) Subject to this Agreement, Vittoria.io will grant the Client and Users the right to access and use MyWorkplaceCloud during the term of this Agreement. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
(b) The Client acknowledges and agrees that:
(i) they may acquire and use the Services solely for the purpose of meeting the internal business needs of their company;
(ii) the Client is solely responsible for determining who is a User;
(iii) the Client is responsible for the use of the Services by all Users;
(iv) the Client must ensure that all Users comply with the terms of the Agreement;
(v) the Client must prevent unauthorized access to the Services, and Users must not disclose their security credentials, including their passwords.
(c) Except for Vittoria.io’s obligation to provide the Client with access to MyWorkplaceCloud as part of the Services, if consents (which may
include, without limitation, consents for Vittoria.io to access, use, store, and disclose Client Data) are required for Vittoria.io to provide the Services, the Client must obtain these consents for Vittoria.io. Vittoria.io’s obligation to provide the Services is contingent upon obtaining these consents. The Client must comply with Vittoria.io’s reasonable requests for confirmation.
(d) Vittoria.io may configure its system and determine the nature and manner of its internal technical support at its discretion. The Client agrees to comply with the
access and use procedures (including communications and security) as Vittoria.io informs the Client from time to time.
(e) Except as expressly authorized by this Agreement, the Client shall not do or permit anything to be done with respect to MyWorkplaceCloud or the Services. Without limiting the scope of the preceding sentence, the Client shall not:
(i) remove or modify any MyWorkplaceCloud marking or any indication regarding Vittoria.io’s rights;
(ii) make available to a third party any programs or materials resulting from the Services, unless that third party is a User;
(iii) commercially exploit the Services or MyWorkplaceCloud (including by making them available to a third party who is not a User); and
(iv) distribute or transmit any part of the Services by any means whatsoever.
(f) The Client will use reasonable efforts to prevent unauthorized third parties from accessing MyWorkplaceCloud and the Services.
(g) The Client agrees that the access rights of any individual User (other than the Client) authorized to use the Services (for example, based on a name or password) may not be shared or used by more than one person, unless the right is reassigned in its entirety to another individual authorized user, in which case the first user will no longer have any access rights to all or part of the Services.
(h) The Client agrees not to make or permit any use of the Services in an unacceptable manner, including, but not limited to:
(i) that which may harm the functionality of the Services or other systems used to provide the Services or harm the ability of any other user to use the Services;
(ii) anything that is false, defamatory, harassing, or obscene;
(iii) unsolicited electronic messages;
(iv) that which would constitute a violation of a person’s rights (including intellectual property rights);
(v) that which may violate any law; or
(vi) that which may otherwise be considered by Vittoria.io, on reasonable grounds, as unacceptable (Vittoria.io may, from time to time, inform the Client of circumstances that Vittoria.io considers unacceptable).
(i) The Client agrees that Vittoria.io may immediately suspend all or part of the Services and remove or disable access to anything that contravenes these restrictions or violates this Agreement.
(j) The Client may request Vittoria.io to add additional Users during the Initial Term (“Additional Users”), and if additional Users
are added, the Client agrees that:
(i) the Client must pay the additional cost for these Additional Users at the Standard rate in accordance with the Payment Terms;
(ii) Additional Users are added under the same terms applicable to existing Users for the remainder of the Initial Term;
(iii) the Client may not reduce the number of Users, including Additional Users, during the Initial Term.
(a) Subject to this Agreement, Vittoria.io will grant the Client and Users the right to access and use MyWorkplaceCloud during the term of this Agreement. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
(b) The Client acknowledges and agrees that:
(i) they may acquire and use the Services solely for the purpose of meeting the internal business needs of their company;
(ii) the Client is solely responsible for determining who is a User;
(iii) the Client is responsible for the use of the Services by all Users;
(iv) the Client must ensure that all Users comply with the terms of the Agreement;
(v) the Client must prevent unauthorized access to the Services, and Users must not disclose their security credentials, including their passwords.
(c) Except for Vittoria.io’s obligation to provide the Client with access to MyWorkplaceCloud as part of the Services, if consents (which may include, without limitation, consents for Vittoria.io to access, use, store, and disclose Client Data) are required for Vittoria.io to provide the Services, the Client must obtain these consents for Vittoria.io. Vittoria.io’s obligation to provide the Services is contingent upon obtaining these consents. The Client must comply with Vittoria.io’s reasonable requests for confirmation.
(d) Vittoria.io may configure its system and determine the nature and manner of its internal technical support at its discretion. The Client agrees to comply with the
access and use procedures (including communications and security) as Vittoria.io informs the Client from time to time.
(e) Except as expressly authorized by this Agreement, the Client shall not do or permit anything to be done with respect to MyWorkplaceCloud or the Services. Without limiting the scope of the preceding sentence, the Client shall not:
(i) remove or modify any MyWorkplaceCloud marking or any indication regarding Vittoria.io’s rights;
(ii) make available to a third party any programs or materials resulting from the Services, unless that third party is a User;
(iii) commercially exploit the Services or MyWorkplaceCloud (including by making them available to a third party who is not a User); and
(iv) distribute or transmit any part of the Services by any means whatsoever.
(f) The Client will use reasonable efforts to prevent unauthorized third parties from accessing MyWorkplaceCloud and the Services.
(g) The Client agrees that the access rights of any individual User (other than the Client) authorized to use the Services (for example, based on a name or password) may not be shared or used by more than one person, unless the right is reassigned in its entirety to another individual authorized user, in which case the first user will no longer have any access rights to all or part of the Services.
(h) The Client agrees not to make or permit any use of the Services in an unacceptable manner, including, but not limited to:
(i) that which may harm the functionality of the Services or other systems used to provide the Services or harm the ability of any other user to use the Services;
(ii) anything that is false, defamatory, harassing, or obscene;
(iii) unsolicited electronic messages;
(iv) that which would constitute a violation of a person’s rights (including intellectual property rights);
(v) that which may violate any law; or
(vi) that which may otherwise be considered by Vittoria.io, on reasonable grounds, as unacceptable (Vittoria.io may, from time to time, inform the Client of the
circumstances that Vittoria.io considers unacceptable).
(i) The Client agrees that Vittoria.io may immediately suspend all or part of the Services and remove or disable access to anything that contravenes these restrictions or violates this Agreement.
(j) The Client may request Vittoria.io to add additional Users during the Initial Term (“Additional Users”), and if additional Users
are added, the Client agrees that:
(i) the Client must pay the additional cost for these Additional Users at the Standard rate in accordance with the Payment Terms;
(ii) Additional Users are added under the same terms applicable to existing Users for the remainder of the Initial Term;
(iii) the Client may not reduce the number of Users, including Additional Users, during the Initial Term.
(a) Users acknowledge that Vittoria.io provides the Services through its cloud computing service provider, OVHCloud, and agree that Vittoria.io shall not be liable for any unauthorized use, disclosure, access, damage, or destruction of any client data or client confidential information caused by an action, negligence, or omission on the part of Vittoria.io’s cloud computing service provider, or as a result of cyberattacks.
(b) In addition to the Users’ obligations as set forth in this Agreement, Users acknowledge and agree that the User must also comply with OVHCloud’s terms and conditions regarding its cloud service. A copy of the terms can be viewed at https://www.ovhcloud.com/en/
(c) The Client agrees to indemnify Vittoria.io against all Losses that Vittoria.io suffers directly or indirectly, including any claims from OVHCloud or other clients of Vittoria.io arising out of or in connection with any breach of OVHCloud’s terms and conditions regarding the cloud service caused by the Users’ conduct, omission, or negligence.
(d) Vittoria.io may at any time, by written notice to the Client, change cloud service providers, and Users agree to comply with the terms of the new provider.
(a) The Client acknowledges and agrees that:
(i) the Client is solely responsible for reviewing and adjusting the default settings of MyWorkplaceCloud; and
(ii) the formula, methodology, and other contents of MyWorkplaceCloud for the purposes of creation, publication, and dissemination with or without the use of a
validation processing or content management tool are intended for use by the Client for guidance purposes only. MyWorkplaceCloud provides the
framework for centralizing and organizing the Client’s company information without being able to do so automatically if the methodology is not implemented
by the Client.
(b) The Client is solely responsible for ensuring that its employees, including but not limited to Users, can properly access the information provided by the Client or shared between employees and relevant to the organization desired by
each of them.
(c) In no event shall Vittoria.io be liable to the client for poor organization in terms of information, documentation, or various processes relating to the use of MyWorkplaceCloud.
(a) In connection with the performance of this Agreement, Vittoria.io will comply with its privacy policy in effect. Vittoria.io’s privacy policy, as of the date of this agreement, is available at the following address: https://vittoria.io/en/privacy-policy/
(b) Vittoria.io’s privacy policy is subject to change from time to time, provided that such change does not materially reduce the level of privacy protection for client data during the period for which fees
have been paid.
(c) Vittoria.io may provide the Services from any location and/or through subcontractors worldwide. The Client undertakes to provide all information and obtain all relevant consents relating to its use of the Services and the Application, including those relating to the collection,
use, disclosure and storage of personal information of any person whose personal information may be included in the Customer
Data.
(a) The Client must pay the Fees at the rate specified in the Order Form or, if there is no Order Form, at the rate displayed on the Website.
(b) The Client must pay, or arrange payment of, all amounts specified in any invoice issued by Vittoria.io, in accordance with the payment terms. If the Client disputes all or part of an invoice submitted by Vittoria.io, the Client must pay the portion of the amount shown on the invoice that is not disputed and must notify Vittoria.io in writing (within seven (7) days of receipt of the invoice) of the reasons why it disputes the remainder of the invoice. If it is determined that some or all of the disputed amount should properly have been paid at the time of the initial invoicing, the Client will pay the finally determined amount together with interest on that amount in accordance with the payment terms set out in this contract at a rate of 10% per annum.
(c) The Client will pay Vittoria.io interest on any amount due and unpaid by the Client within the time required under this Agreement at a rate of 10% per annum.
(d) In addition to paying the Fees and any other amounts payable under or in connection with this Agreement (which exclude GST), the Client must:
(i) pay Vittoria.io an amount equal to the GST payable for any supply made by Vittoria.io under this Agreement; and
(ii) make that payment either on the date on which the Fees or other amounts to which they relate are due, within seven (7) days of the issue of a
tax invoice by the Client, or within seven (7) days of Vittoria.io’s request, whichever is later.
(a) The Client must pay the Fees at the rate specified in the Order Form or, if there is no Order Form, at the rate displayed on the Website.
(b) The Client must pay, or arrange payment of, all amounts specified in any invoice issued by Vittoria.io, in accordance with the payment terms. If the Client disputes all or part of an invoice submitted by Vittoria.io, the Client must pay
the portion of the amount shown on the invoice that is not disputed and must notify
Vittoria.io in writing (within seven (7) days of receipt of the invoice) of the reasons why it disputes the remainder of the invoice. If it is determined that some or all of the disputed amount should properly have been paid at the time of the initial invoicing, the Client will pay the finally determined amount together with interest on that amount in accordance with the payment terms set out in this Agreement at a rate of 10% per annum.
(c) The Client will pay Vittoria.io interest on any amount due and unpaid by the Client within the time required under this Agreement at a rate of 10% per annum.
(d) In addition to paying the fees and any other amount payable under or in connection with this Agreement (which exclude GST), the Client must:
(i) pay Vittoria.io an amount equal to the GST payable for any supply made by Vittoria.io under this Agreement; and
(ii) make that payment either on the date on which the Fees or other amounts to which they relate are due, within seven (7) days of the issue of a tax invoice by the Client, or within seven (7) days of Vittoria.io’s request, whichever is later.
(a) Title to, and all intellectual property rights in, the Services, and any documentation relating to the Services, remain the property of Vittoria.io (or its licensors).
(b) Title to, and all intellectual property rights in, the Client Data remain the property of the Client. However, Users’ access to the Data is conditional upon full payment of the Fees when due. The Client grants Vittoria.io a licence to use, copy, transmit, store and back up the Client’s information and Data for the purpose of enabling Users to access and use the Services and for any other purpose related to providing services to Users.
(c) The Client must retain copies of all Customer Data uploaded in any way to the Services. Vittoria.io follows its best-practice policies and procedures to prevent data loss, including a daily system data backup regime, but does not guarantee that there will be no loss of Customer Data. Vittoria.io expressly excludes all liability for any loss of Customer Data, however caused.
(d) If Users enable third-party applications for use in conjunction with the Services, Users acknowledge that Vittoria.io may allow the providers of those third-party applications to access Customer Data as required for the interoperability of those third-party applications with the Services. Vittoria.io will not be responsible for any disclosure, modification or deletion of Customer Data resulting from such access by third-party application providers.
(e) No data retention
(i) The Client must extract the Customer Data from Users’
accounts as soon as possible before the expiry or termination of this Agreement, as Users’ accounts may be permanently deactivated upon expiry or termination.
(ii) Subject to clause 2(h), the Client agrees that 3 months after the expiry or termination of this Agreement, Vittoria.io may deactivate and permanently deactivate Users’ accounts and delete the Customer Data from those accounts.
(iii) The Client agrees that, except as described above, Vittoria.io has no obligation to continue to hold, export or return the Client’s
Data. The Client agrees that Vittoria.io assumes no liability for the deletion of the Client’s Data in accordance with the above terms.
(a) A Party must not, without the other Party’s prior written consent, disclose the other Party’s Confidential Information.
(b) A Party will not breach clause (a) for any use or disclosure of confidential information that:
(i) is required by law;
(ii) is to related companies, advisers, contractors, auditors or insurers; or
(iii) has become public knowledge other than through its wrongful act or omission.
(c) This clause will survive termination of this Agreement.
(a) Nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or liability implied into this Agreement or protected by law to the extent that such exclusion, restriction or modification would render this
Agreement or any provision of this Agreement void, illegal or unenforceable. Subject to the foregoing, any condition, warranty, right or liability that would otherwise be implied into this Agreement or protected by law is excluded.
(b) The Client acknowledges and agrees that:
(i) before entering into this Agreement, it was given a reasonable opportunity to examine and satisfy itself as to all goods and services that are the subject of this
Agreement and that, before entering into this Agreement, it availed itself of that opportunity;
(ii) at no time before entering into this Agreement did it rely on the skill or judgment of Vittoria.io and that it would be unreasonable for the Client to rely on such skill or judgment.
(c) The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to this Agreement (under any law applicable to this Agreement) is excluded.
(a) Without limiting the scope of the following sentence, the Client warrants that it has not relied on any representation made by Vittoria.io that is not expressly set out in this Agreement, nor on any description, illustration or specification relating in any way to the Services, including catalogues, the Website or advertising material produced by Vittoria.io. The Client acknowledges that, to the extent Vittoria.io has made any representation that is not expressly set out in this Agreement, the Client has had the opportunity to independently verify the accuracy of that representation.
(b) Pursuant to the consumer law in New Caledonia:
(i) this subclause applies in respect of any goods or services supplied under this Agreement that are not of a
kind ordinarily acquired for personal, domestic or household use or consumption, provided that this subclause will not apply if the Client establishes that it would not be fair and reasonable to rely on it;
(ii) liability for breach of a guarantee conferred by the consumer law in New Caledonia is limited to one of the following, as
determined by Vittoria.io:
(A) the re-supply of the relevant services; or
(B) payment of the cost of having the relevant services re-supplied.
(c) Subject to clause 14(a) and Error! Reference source not found., if a User suffers a loss due to Vittoria.io’s negligence or failure to comply with this Agreement, any claim by Users against Vittoria.io will be limited, in respect of an incident or a series of related incidents, to the amount of the Fees received by Vittoria.io under this Agreement during the 12-month period preceding the first incident of the alleged breach.
(d) Vittoria.io is not liable to Users in respect of any loss of profit, loss of goodwill, loss of data, and any special, indirect or consequential loss or damage that may be suffered or incurred, or that may arise directly or indirectly in connection with this Agreement.
(e) The Client undertakes at all times to indemnify and hold harmless
(i) Vittoria.io;
(ii) Vittoria.io’s parent company;
(iii) its licensors and, in respect of each of them, their officers, employees, subcontractors, agents, parent company (“Indemnified Parties”) against any loss (including legal costs and expenses and liability) incurred or suffered by any of the Indemnified Parties arising out of any claim against the Indemnified Parties where that loss or liability was caused by the Client’s breach of its obligations under this Agreement or by any wilful act, unlawful act or negligent act or omission of the Client.
(f) In respect of any claim between the Parties under or in connection with this Agreement, the Parties agree that, to the fullest extent permitted by law, this Agreement excludes the application of any law that would apportion any liability to Vittoria.io that would not have been so apportioned without those laws.
(a) At the end of the Initial Term, Vittoria.io or the Client may terminate this Agreement by giving the other Party at least one (1) month’s notice.
(b) Without limiting the generality of any other clause of this Agreement, Vittoria.io may terminate this Agreement or suspend performance of its obligations under this Agreement (for the period specified by Vittoria.io) immediately by written notice if:
(i) the Client is in breach of any term of this Agreement and that breach is not remedied within seven (7) days of Vittoria.io notifying it;
(ii) the Client becomes, threatens or resolves to become, or is at risk of becoming, subject to any form of insolvency;
(iii) the Client, being a partnership, dissolves, threatens or resolves to dissolve, or is in danger of dissolution;
(iv) the Client, being an individual, dies; or
(v) the Client ceases, or threatens to cease, to carry on business in the normal manner.
(c) If the Client terminates this Agreement, it will be required to pay all relevant Fees for the billing period ending after the termination date.
(d) The Client agrees that upon expiry or termination of this Agreement for any reason, all of its rights relating to the Services (including its right of access to MyWorkplaceCloud or the Services) will cease. The Client agrees and acknowledges that Vittoria.io has no obligation to retain information relating to the Client (including the Client Data) and that all such information may be irretrievably deleted by Vittoria.io after three (3)
months, without notice, from the date of any suspension, termination or expiry of this Agreement. The Client is solely responsible for retrieving its data; if the Client wishes to retrieve data within three (3) months, Vittoria.io will charge an additional fee for this service.
(a) Vittoria.io will not be liable for any delay or failure to perform its obligations under this Agreement if that delay is due to a force majeure event. If a delay or failure is caused or anticipated due to a force majeure event, Vittoria.io’s obligations will be suspended. If a delay or failure by Vittoria.io to perform its obligations due to a force majeure event exceeds sixty (60) days, Vittoria.io may immediately terminate the Agreement by providing written notice to the Client.
(b) If this Agreement is terminated in accordance with the previous subclause, Vittoria.io is not required to refund any amounts paid by the Client under this Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior representations, agreements, statements and understandings, whether oral or written.
The benefit of this Agreement may not be assigned by the Client without Vittoria.io’s written consent.
(a) No right under this Agreement will be deemed to have been waived except by written notice signed by each Party. A waiver by Vittoria.io will not prejudice its rights in the event of any subsequent breach of this Agreement by the Client. Any failure by Vittoria.io to enforce a clause of this Agreement, or any forbearance, delay or indulgence granted by Vittoria.io to the Client, will not be construed as a waiver of Vittoria.io’s rights under this Agreement.
(b) The provisions of this Agreement will not be amended except by written agreement signed by the Parties.
If any provision of this Agreement is held to be invalid, unenforceable or illegal for any reason, the Agreement will otherwise remain in full force and effect, except that the provisions will be deemed to be construed to the extent reasonably necessary to remove the invalidity, unenforceability or illegality.
French law governs this Agreement, and the Client submits to the exclusive jurisdiction of the courts of New Caledonia for all disputes arising out of or in connection with this Agreement.
(a) Notices under this Agreement may be delivered by hand, by post or by email to the addresses specified in the Order Form, or provided by the Customer upon registration.
(b) A notice will be deemed given:
(i) in the case of delivery by hand, upon written acknowledgement of receipt by a director or other duly authorised employee, agent or representative of the receiving Party;
(ii) in the case of posting, three days after dispatch;
(iii) in the case of a facsimile, upon receipt of the transmission if received on a Business Day, or otherwise at the start of the first Business Day following transmission;
(iv) in the case of email, at the time the email is received, namely when the email enters the receiving Party’s information system (if received on a Business Day, or otherwise at the start of the first Business Day following that receipt)
(a) In this Agreement, unless the contrary intention appears:
Agreement means this document and the related Order Form.
Fees means the fees for the Services as calculated in accordance with clauses 9(a) and 4(j)(i).
Effective Date means the date specified as such in the Order Form.
Confidential Information means, in the case of the Customer, the Customer
Data and, in the case of Vittoria.io, includes:
(i) information relating to MyWorkplaceCloud;
(ii) information relating to Vittoria.io’s personnel, policies, activities, systems and data and those of the group to which Vittoria.io belongs; and
(iii) information relating to the terms on which the Services are to be provided to the Customer under this Agreement.
Customer means:
(i) the person, whether an individual or a legal entity, identified as the customer in the
Order Form; or
(ii) if there is no Order Form, the individual or legal entity registered on MyWorkplaceCloud.
User Access Point means the telecommunications, networks, systems and any other facilities used or required by or on behalf of the Customer to access and use the Services, other than the facilities actually provided by Vittoria.io from time to time under this Agreement.
Customer Data means the data to which the Customer has access on MyWorkplaceCloud for the purposes of performing the Services.
Force Majeure means a circumstance beyond Vittoria.io’s reasonable control that prevents Vittoria.io from complying with or performing an obligation under this Agreement on time. Such circumstances include, without limitation, acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster, acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, strikes and pandemics.
GST means:
(i) the same as in the GST Act;
(ii) any other goods and services tax, or any tax applying to this transaction in a similar manner; and
(iii) any additional tax, penalty tax, fine, interest or other charge under a law relating to such a tax;
Initial Term means the initial term as specified in the Order Form and, if no initial term is specified in the Order Form, means 12 months.
Losses means any loss (including costs, expenses, damages and liability, whether actual or future) incurred or likely to be incurred by Vittoria.io under this Agreement.
Order Form means the order form to which this document is attached, if applicable. Payment Terms means the payment terms set out in the Order Form and, in the absence of an Order Form, the payment terms as set out on the Website.
Services means the services that Vittoria.io agrees to provide under this Agreement, namely access to and use of MyWorkplaceCloud, as further described in the Order Form, if applicable.
Standard User Rate means the standard user rate as stated in the Order Form and, if no standard user rate is specified in the Order Form, the standard user rate as published on the Website from time to time.
MyWorkplaceCloud means the software and mobile application called “MyWorkplace” offered by Vittoria.io to create a digital workspace
for the Customer and provide the Customer with a tool capable of bringing different applications together in one place on the customer’s desktop, and integrating with office suites such as Microsoft 365 or Google Workspace. User means the Customer, and any other person who uses the Services with the Customer’s authorisation, including any additional User. Vittoria.io is VITTORIA. IO NC (RIDET 1 574 565).
Website means the MyWorkplaceCloud website, namely: myworkplacecloud.com.
(b) In this Agreement, unless the contrary intention appears:
(i) clause headings are for convenience only and are not relevant to interpretation;
(ii) a reference to a clause number is a reference to its sub-clauses;
(iii) words in the singular include the plural and vice versa;
(iv) words importing one gender include every other gender;
(v) a reference to a person includes bodies corporate, associations and unincorporated partnerships;
(vi) a reference to a clause is a reference to a clause or sub-clause of this Agreement;
(vii) a reference to a paragraph is a reference to a paragraph of the clause in which that reference is made;
(viii) where a word or phrase has a particular meaning, other parts of speech and grammatical forms of that word or phrase have
corresponding meanings;
(ix) a reference to an Order Form includes a reference to any part of that Order Form that is incorporated by reference;
(x) the recitals to this Agreement do not form part of the Agreement;
(xi) monetary references are references to the New Caledonian currency.
On ………………………………….
At ………………………………….
Company name ………………………………….
Signatory name ………………………………….
Company stamp and signature