GENERAL TERMS OF AGREEMENT FOR EMPLOYERS
Version 20th April 2018
Eazybreak is a digital service which employer companies (‘you’) may use to offer benefits to your employees. We have compiled some essential matters below in order to have our cooperation run as smoothly as possible. After you have registered as a customer of Eazybreak Oy (‘Eazybreak’ or ‘us’), we both commit to operating in accordance with these terms of agreement.
In addition to these terms, you may have a signed agreement about the execution of the services with us. The stipulations of such a valid agreement take priority over these terms. An agreement on processing personal data is included as an integral part of these terms. The agreement on processing personal data also takes priority over these terms, and it is accepted in connection with acceptance of these terms and any changes to them.
1. Service description
With the Eazybreak service, you can offer your employees electronic lunch, sports, culture, or commuting benefits. Benefits are utilised by using a mobile voucher on a smart phone or the contactless payment method, which we refer to collectively as the payment method.
Your employees may use their benefits with those merchants which are registered in our service. We have drawn up agreements with them on accepting the payment method. An up-to-date list of merchants and their locations can be found on our website.
Starting the use of the service
Your employees may use Eazybreak lunch vouchers to pay for meals in all Eazybreak network restaurants during their working day.
Eazybreak Agreement Lunch
Your employees may use Eazybreak Agreement Lunch vouchers to pay for meals during their working day in all Eazybreak network restaurants with whom you have drawn up price contracts as part of our service. The price contract covers the cost of the services being offered and the payment period, which we afterwards use to invoice you for those lunches which have been paid by your employees.
The price contract is between you and the merchant. In this agreement relationship, we operate as the provider of the targeted payment method and we invoice you for services on behalf of the merchant.
Your employees can use Eazybreak Sports vouchers to pay for personal one-time, serial, or fixed term tickets for the use of exercise-related services.
Eazybreak Sports and Culture
Your employees can use Eazybreak Sports and Culture vouchers to pay for personal one-time, serial, or fixed term tickets for the use of exercise and cultural services.
Your employees can use Eazybreak Commuting vouchers to pay for personal value-based and time-based travel tickets for use in ordinary passenger-related commuting.
Your employees can use Eazybreak Combo vouchers to pay for personal one-time, serial, or fixed term tickets for the use of exercise and cultural services, as well as personal value-based and time-based travel tickets for use in ordinary passenger-related commuting.
Your employees can use Eazybreak Private vouchers to pay for benefits which have not necessarily been determined as benefits by the Tax Administration with merchants which whom you have drawn up a contract.
Using the benefits and paying for them
Your employees can use their benefits by making payments with the Eazybreak application, via text message, or using online or contactless payment. The Eazybreak mobile voucher is only valid for one day.
The employee’s contribution
You have the option of charging your employees for a contribution. This can be done in one of two ways:
a) You can deduct the amount afterwards from their salary based on the benefits that they have used.
b) Employees may make advance payments via our online service or app (‘Eazyshare’). The Eazyshare model is subject to an additional cost in accordance with our service price list.
Customer service and instructions
We are here to help you and your employees with any questions you may have.
Our service instructions and customer service department provide assistance with any questions about implementation, usage, and reporting. In addition, you may also use our service to determine contact details for your company, which your employees may use to seek assistance in terms of our benefit practices.
2. Charging for benefits and service fees
We primarily use electronic invoices. In addition, we also offer alternative invoicing methods in accordance with our price list.
We can invoice you for the benefits being offered to your employees by using the innovative Eazybalance advance invoicing model. The service monitors the use of benefits by your employees, and automatically generate invoices for further advance payments, if necessary. Our aim is to minimise the amount of your capital that is tied to our service.
Please pay your invoices on time because your employees will not be able to use the services if insufficient advance payments are made.
We charge monthly service fees in accordance with the price list for your Eazybalance advance payments.
The Eazybreak contract lunch and Eazybreak Private vouchers are invoiced on a subsequent usage-based compilation invoice which is sent twice (2 times) a month in accordance with price contracts which have been drawn up between you and the merchant, the contract pricing terms that have been agreed between us, and also our price list. Your payment period is determined based on the payment period listed in the price contracts.
We shall monitor payments that are received by merchants on their behalf and manage any collection, if necessary. The costs that are incurred through these operations may be charged to you. Eazybreak may transfer outstanding late payments to the affected merchant. Any dispute between you and the merchant are not justified grounds for a refusal to settle our invoice. You must handle any claims you may have with the merchants directly with them, and you have no right to deduct any amounts from our invoices which may be in question with those merchants.
The merchant may terminate their price agreement with you, effective immediately, and cease to provide any services to your employees if your payments are delayed.
3. The use of personal information
We respect the privacy of you and your employees. We utilise best practice in the field to protect the personal data that is entrusted to us.
We always process personal data in accordance with valid data protection legislation, such as the EU general data protection regulation. Naturally, you must also comply with this legislation in order to ensure that the rights of all parties are protected.
You are the data controller referred to in the regulation and we operate as the data processor. We collect personal data from your employees on your behalf in connection with registering with and using the service.
The data protection statement of our service depicts our personal data processes and can be viewed by you and your employees in connection with the registration process and on our website .
We have also drawn up an agreement on processing personal data which is required by data protection legislation and we have attached it as an essential part of this agreement. Please remember that, as a data controller as specified in data protection legislation, you must draft your own privacy statement and acquire any required consent for the processing of personal data that may be required.
According to instructions issued by the Tax Administration,the merchant must be able to verify the identity of the user of the payment method. This is why we must provide the merchant with the personal data of those employees who have been using the payment method for processing, which means that the merchant can view the name of the payer via our online service. We have drawn up a separate agreement with the merchant, specifying the merchant’s commitment to comply with data protection legislation when it comes to processing personal data.
We will remove any personal data on user accounts in February of the following year where such data has already been removed from our service during the year by you in order to comply with the requirements of the EU general data protection regulation. After this period of time, we will no longer be able to view personal data, payment history, or the Eazyshare balance.
4. Service availability
We will be developing and carrying out maintenance on our service on a continuous basis, and we aim to keep the service available at all times. We cannot, however, guarantee uninterrupted or faultless operation. We strive to carry out any service updates and maintenance work without causing any interruptions to the service. Any updates and maintenance work that require service interruptions are scheduled for times at which the interruption is likely to cause minimal inconvenience to you and your employees.
We are proud to be able to deliver a service with high levels of availability. We strive to repair any issues as soon as possible which relate to the availability of the service. During such problem situations, our goal is to ensure that your employees can still use their benefits, which is why we have prepared instructions for problematic situations that we hope that you and your employees will follow.
5. Tax Administration ground rules
In Finland you can offer benefits to your employees, creating tax benefits to you and your employees. In order to realise the tax benefits, the Finnish Tax Administration has determined certain ground rules that are specified in more detail in the decision by the Finnish Tax Administration on the purchasing of in-kind benefits using targeted payment methods (in Finnish). You must comply with these instructions as well as other instructions which are issued by the Tax Administration. In order to make this easier, we have compiled some key details from the current instructions:
Only services determined by the Tax Administration are available
The payment method can only be used for services determined by the Tax Administration. No money can be given in return for vouchers and they cannot be exchanged for any other goods.
For example, Eazybreak Lunch vouchers and Agreement Lunchvouchers cannot be used to purchase alcohol, tobacco, groceries, or other goods. Nor can they be exchanged for meal vouchers which are provided by the merchant.
Current information on restrictions on the use of the vouchers is available via the Tax Administration website.
Responsibilities in terms of targeted payments
The Tax Administration has allocated responsibilities to us, the merchant, and you concerning targeted payments. It is our duty to implement our service in such a way that the principles of targeted payments are followed. This means that in-kind benefits are restricted to certain locations and merchants, and that the suitability of the services is assessed and sufficient instructions on using the payment method provided to you and the merchant. We shall comply with these and any other requirements issued by the Tax Administration to the best of our ability.
The responsibilities of the employer company
You must ensure that your employees are instructed in the use of the payment method. You must, for example, inform your employees of what kind of services are eligible for the payments. We will help you with this by providing you with a comprehensive user manual and customer support for the use of you and your employees.
In-kind benefits offered by you to your employees are always personal. This means that a benefit may only be utilised by the employee to whom it is awarded. This is why the merchant has the right and a duty to check the identity of the employee when the payment method is used, if they see fit. By checking the identity of the employee, the merchant ensures that the user is entitled to use the benefit in question.
The employee must ensure that they comply with the instructions given by you and us on the use of the payment method.
We take any suspicions of an abuse of our service very seriously and investigate each instance carefully. If you or one of your employees are found to be in breach of any of these terms, the service instructions, or legal acts, we reserve the right to remove you from our service. We shall report any actions by your employees which are found to be in breach of these rules after we have verified the events ourselves.
6. Property rights
Any data which you record in the Eazybreak service is your property, and the immaterial and other rights of the service we have developed are ours. This means that this agreement does not transfer any rights of property between us.
7. Liability limitation
The liability of each party for any damages which are related to this agreement and these terms is limited to an amount which corresponds to a maximum of six (6) previous months’ worth of service fees. Service fees do not include any prices paid to the merchant for services and products purchased. The parties are not responsible for reimbursing indirect damages.
However, liability limitations do not apply to damages that are caused wilfully or through gross negligence.
However, non-disclosure does not apply to material or information that a) is generally and publicly available; b) is provided to you or us by a third party with no non-disclosure obligation being in place; c) was already in the possession of the receiving party before it was provided to them; or d) is developed by you or us ourselves without utilising any material or information provided by the other party.
9. Changes to the agreement
We reserve the right to change these terms of agreement and our service fees. We shall inform you of any changes via email no later than thirty (30) days in advance of the changes taking effect. If you do not accept the changes, you have the right to terminate the use of the service and your agreement with us.
Please enter your updated contact details into the service.
We have the right to transfer this agreement to a third party in connection with a business acquisition. Otherwise, transfers require the consent of the other party, which must be given if there are no grounds for refusal.
10. Ending the agreement
We do not believe in tying customers to our service with fixed-term contracts or long periods of notice. We want to keep your custom by offering you the best service in the business. If your company’s needs change, you can cancel the agreement, effective immediately.
If you choose to cancel the agreement, we shall return any payments you (Eazybalance) and your employees (Eazyshare) which have made into the service. Bank details for returns must be provided to us within one (1) month of ending the agreement. We shall return the money within one (1) month of receiving the bank details after deducting any service fees in accordance with our price list.
If your employee’s contract of employment comes to an end and you remove their user account, we shall return any advance payments made by the employee (Eazyshare). Bank details for the returns must be provided to us within one (1) month of removing the account. We shall return the money within one (1) month of receiving the bank details after deducting any service fees in accordance with our price list.
11. Applicable law and the settlement of disputes
This agreement is governed by Finnish law, and any disputes arising from the agreement shall be resolved primarily through mutual negotiations between the parties. If the negotiations do not yield a result, any dispute, controversy, or claim which arises from or which relates to this contract shall be unarguably settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce, and the number of arbitrators shall be one.