ТHESE Terms of use of the service via the application and the Website: “AbSent” within one Company, represent the entire agreement between Us, as a Service Provider and the Company.

It is IMPORTANT to read and understand the terms that follow hereafter,

Some of the terms used in this text have the following meaning:

“Service Provider” - the Company for engineering SENTICE TECH LLC Skopje which is the owner and the holder of the intellectual property rights of the mobile and web application AbSent, acting as the Service Provider.

“Company” – the legal entity and its authorized persons, manager, entrepreneur and similar, which is the User of the user account. When "You", "User" and / or "Manager" are used in the Content of the Terms, these terms exclusively refer to the Company.

“Licensor” – refers to the Provider

“Licensee” – refers to the Company

“Service” – refers to the electronic absence management of the employees through the mobile and web application AbSent.

INTRODUCTORY PROVISIONS:

WHEREAS, the Provider is the owner and holder of the intellectual property rights of the Mobile and web application AbSent (hereinafter: AbSent), and as a result has the right to grant rights for use of AbSent to third parties.

WHEREAS, AbSent is a mobile and web application which provides services for electronic absence management of employees.

WHEREAS, AbSent, as a mobile and web application, provides Services only to Companies, and this Agreement consisting of the Terms of Use cannot be concluded with a Consumer.

WHEREAS, the correspondence between the Company and The Provider shall be conducted by electronic means, irrespective of whether you use the Mobile and/or Web Application or send us e-mails, or by sending notifications on the Website/via the application or by communicating with you via e-mail.

For the purposes of the Agreement:

• (a) You give your consent to receive correspondence in electronic form from AbSent; and
• (b) You confirm that all terms and conditions, agreements, notifications, disclosures and other correspondence sent to you by electronic means by AbSent meet all the legal requirements which such correspondence would meet if conducted in writing in a printed form.

The foregoing shall not limit your non-transferable rights.

WHEREAS, the Provider and the User, willingly and with joint interest agree to conclude this agreement under the following terms and conditions:

1. SUBJECT
   1. The subject of this Agreement is providing a temporary, non-transferable and non-exclusive license granting the use of AbSent, by the Provider to the User.
   2. The scope of the license use refers to:
      • Access to AbSent,
      • Detailed rules regarding the operation of the mobile and web application, as well as the service available on the respective subpages or within the Application.
2. Description of the services
   1. AbSent which is designed to report and register the employees’ absence provides:
      • submission of absence requests for: annual holiday, sick leave, personal leave and other types of paid holiday,
      • automatic notification of the company’s management for the employee’s request,
      • automatic notification of the employee for the decision of the company’s management regarding the submitted request,
      • generating reports for the employee’s used days.
3. Obligations of the Provider
   1. We, as the Provider of the services shall not be responsible in regards to the accurate implementation of the law of the countries which are a subject of interest for the Company as a user, as well as the manner in which AbSent is used by the User..
   2. We shall make every effort to ensure the correct operation of the Mobile and web application and undertake to ensure the continuity of the operation of the Services.
      We, as the Provider shall not be responsible for events and their consequences which are connected with: the malfunction of the mobile and web application due to external reasons beyond our control, problems caused by loss of data attributable to You and the Company as an employer; unauthorised interference with the mobile and web application by the user or third persons; events of Force Majeure; technical breaks.
   3. The Licensor shall have no liability with respect to fixing software bugs.
   4. The Licensor shall have no liability to the Licensee.
4. Obligations of the Company - User
   1. By signing this agreement, the Company is obliged to:
   • allow the Provider to perform their obligations stated in these terms;
   • provide an operating infrastructure in the Company, such as a local network, an internet link, personal computers and mobile phones,
   • follow the instructions and the rules for the operation of the computer system and the mobile phone, and the software installed on it.
5. License fee
   1. The License fee and the service fee depend on the chosen package as well as on the number of users from one company. For further information or if you would like to request an offer, please contact the following email: [email protected]
6. Protection and exercise of ceded rights
   1. The Provider i.e. the Licensor is the owner of the intellectual property rights of AbSent, in terms of the rules and regulations that govern the intellectual property rights.
   2. The Licensor cedes a non-exclusive, temporary right to use AbSent. to the User.
   3. By acquiring the ceded right to use Absent, the User is not entitled to receive the source code, nor any other additional intellectual property right such as (trademark, diagrams, designs, and features used to mark AbSent).
   4. The User agrees not to try to gain unauthorized access to use Absent via other accounts, computer systems or networks, by hacking, obtaining passwords or other ways of abuse.
   5. The Provider retains the right to terminate the granted license to the User, in the event of any breach of the obligations by the User stated in article 4 of this Agreement.
   6. The User as a Licensee is familiar with and aware of the fact that the software with all proprietary and intellectual property rights belong exclusively to the Licensor and are considered as confidential information.
7. Information of trademark
   1. AbSent, the AbSent logo and other trademarks, service marks, graphics and logos of the mobile and web application, which are used with reference to the Service, are trademarks or registered trademarks exclusively of the Provider. By using the service, you are not granted any right or license to any of the abovementioned trademarks, and you agree not to remove, obscure or modify proprietary notices (including notices for trademark and copyright) that can be attached to or included in the Service.
8. Data protection
   1. The Provider is aware of the importance and the liability to protect the confidentiality of all data, and accordingly agrees with respect to AbSent to provide complete protection of the confidential data of the User complying with the standing rules and regulations governing the protection of user rights in the period during which this agreement is valid as well as after its termination. The Provider shall have no liability if, despite the measures taken, the data is subject to an attack by hackers or unauthorized data theft.
   2. The right to personal data confidentiality protection is warranted by the Law on personal data protection.
   3. The User is obliged to take all safety measures for data protection, as well as to provide all the previously necessary consent from the personal data Subject.
   4. For further information regarding the storage, and protection of personal data, please read our Privacy policy, as well as our Cookies policy carefully.
9. Validity of service
   1. The Agreement shall be automatically dissolved, if the user fails to continue to pay the subscription before the expiry date.
   2. The Provider may under certain circumstances and with prior notice terminate or suspend all or part of your Account and/or your access to the Service, especially due to:
      • violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted while using the Service;
      • cancellation or termination of your Account at your request;
      • a request and/or a warrant by the police authorities, the court , or other state authorities;
      • unexpected technical or security issues;
      • your participation in fraudulent or illegal activities;
   3. After the termination/cancellation of your account, you will have lost all access to the Service and to all of the parts of the Service, except the access to the public parts of the service.
10. FINAL PROVISIONS
    1. Notifications: The Provider may provide notifications regarding the Service and regarding the amendments of this Agreement, via the e-mail address associated with your user account (and/or/ to another e-mail address linked to your Account, if such address has been provided) or via notifications through our webpage about the Service.
    2. Governing Law: This Agreement and the relation between the User and the Provider shall be governed and construed in accordance with the laws of the Republic of North Macedonia.
       The User and the Provider agree to accept the personal and exclusive jurisdiction of the Courts in Skopje.
    3. Completion of the Agreement: This Agreement constitutes the legal terms and conditions between the User and the Provider, and regulates the joint behavior and the use of the Service. Regarding the use of the Services, additional conditions may apply depending on the type of your account as a user. If any provision of this Agreement is held null and void, it shall be construed in a manner reflecting the original intentions of the parties, without affecting the remaining provisions which shall remain in full force and effect.
    4. Severability: All of the provisions in this Agreement are independent, and the invalidity or unenforceability of any of the provisions shall not affect the validity or enforceability of the remaining provisions.

Last Updated on: 1/1/2020