1. Definitions
Company: Public limited company of Luxembourgish law IF Payroll & HR having its registered office in L-2529 Howald, 45, rue des Scillas.
Service « MyPay.lu »: A free User Account which is provided to the employees of the Client, which allows to have electronic access to the legal documents related to the User’s contract within the meaning of Luxembourgish Labour Law.
Client: Employer, natural person or corporate entity who subscribes to the Service « Mypay.lu ».
User: Employee, natural person who has a contract with the Client within the meaning of Luxemburgish Labour Law.
User Account: Electronic Account named Service « MyPay.lu » which allows the Company to provide to the User the legal documents related to his contract within the meaning of Luxembourgish Labour Law and allows the User to consult them via internet.
2. Scope
2.1. The present Terms and Conditions rule the conditions under which access is granted to the Service « MyPay.lu », as described in point 1, as well as the usage rules.
2.2. The access and/or the utilization of the Service supposes that the present Terms and Conditions have been expressly accepted and that they will not be violated. They are considered as a contract between the Company and the User.
3. Access to the User Account and identification of the User
3.1. The access to the Service is granted through identification via a username and a personal and secret password.
3.2. The User agrees to keep secret his username and password and not to disclose them to third parties. Any use of the username and password is the sole responsibility of the User.
Recommendation: The use of a private email address is highly recommended.
4. Transmission and utilization of the data available via the User account
4.1. By accepting the present Terms and Conditions, the User accepts expressly that the legal documents related to his contract within the meaning of Luxembourgish Labor Law are exclusively transmitted by electronic way via the User Account.
4.2. No paper version of the aforementioned documents will be sent via postal dispatches.
4.3. The User is sole responsible to save and to print the aforementioned legal documents.
4.4. The User expressly accepts that the use of these documents is at his own risks.
4.5. The Company does not guarantee the accuracy of the provided documents. The Company cannot be held liable for any mistake contained in the provided documents.
4.6. The Company cannot be held liable in case of none payment of the salary.
4.7. The User is liable for the use and the manipulation of any material and/or program and/or downloaded data which may interrupts, destroys or limits the functioning of the User Account.
5. Respect of personal data
5.1. The Company collects and handles the personal information relating to the User in compliance with the amended law of 2 August 2002 “relative à la protection des données personnelles”.
5.2. The Company does not disclose information relating to the User to any third party.
6. Responsibility of the Company
6.1. The Company does not guarantee that the User Account is continuously available.
6.2. The Company cannot be held liable for any damage resulting from failure or interruption in the event of maintenance or system overload for example.
6.3. The Company cannot be held liable for any failure of the User account due to a wrong manipulation of the User or due to the hardware the User uses to get access to the User Account.
6.4. The Company disclaims any responsibility in case of none-receipt of the legal documents related to the contract within the meaning of Luxembourgish Labour Law.
6.5. The Company cannot be held liable for any loss of electronic data.
7. Duration of conservation of the data
7.1 All legal documents related to the User’s contract within the meaning of Luxembourgish Labour Law will be kept in the User account during a period of five (5) years.
7.2 This period starts from the day on which the legal document related to the User’s contract within the meaning of Luxembourgish Labour Law is available to the User via the User Account.
8. Blocking access to the User Account
8.1. The clauses sub.7 lose their validity in case of breach of the existing contract within the meaning of Luxembourgish Labour Law between the User and the Client.
8.2. In this case, the access to the User Account is authorized only for a period of six (6) months from the end of the employment relationship.
8.3. After that period of six (6) months, the access to the User Account will be blocked.
8.4. In case of termination of the contract between the User and the Company and in case of use of the professional email address to access the User account, the User engages herself/himself to communicate a private email address to the Client’s HR responsible before final departure.
8.5. The Company reserves the right to block the access to the User Account in case of use of the account contrary to public order or to the present Terms and Conditions.
8.6. The User is not entitled to any compensation as a result thereof.
9. Modification of the Terms and Conditions
9.1. The Terms and Conditions can be modified at any moment.
9.2. The Company informs the User of the new Terms and Conditions.
9.3. Such modification may only take effect one (1) month following the notification.
9.4. The User may, by sending a registered letter with acknowledgement of receipt to the Company within thirty (30) days following the notification of the modifications, terminate with immediate effect and without costs the contract binding the Company and the User.
9.5. After expiry of the said thirty (30) days, the aforementioned modifications shall be considered as having been accepted by the User.
10. Severity clause
10.1. If one of the clauses of the present Terms and Conditions is declared void, for whatever reason, the validity of the remaining clauses of the present Terms and Conditions is not affected.
11. Applicable law and jurisdiction
11.1. The law of Luxembourg governs these Terms and Conditions
11.2. Any dispute arising from the present Terms and Conditions is for the exclusive jurisdiction of Luxembourg City Courts.
12. Acceptance of the Terms and Conditions
12.1. By clicking « I accept » at the first connection to the User Account, the User accepts expressly the present Terms and Conditions.
The present document is a free English translation of the French version of the “CONDITIONS GENERALES APPLICABLES AU COMPTE UTILISATEUR”.
In case of any discrepancies or contradictions between the English translation and the French version, the French version shall prevail.