Vardify Order Terms

These terms explain how an order for Vardify works when the buying business is established in the European Union or the European Economic Area: who sells, what is sold, how it is paid for and delivered, and how it can be cancelled. How the Service is used is governed by the Vardify Terms of Use; these terms do not replace them.

The short version. You buy Vardify from Paddle, our online reseller. Paddle takes the payment, issues the invoice, charges the VAT and handles refunds. Nivorbit provides the Service itself. Vardify is sold to businesses, so in the usual case there is no statutory right of withdrawal; clause 6 explains when there is one.

1. Who is who

• Seller of record: Paddle.com Market Ltd ("Paddle"), our online reseller and the Merchant of Record for your order. The purchase contract is concluded with Paddle, and Paddle's buyer terms apply to it. Paddle handles payment, invoicing, VAT, customer service for the order and refunds.
• Service provider: Nivorbit Teknoloji Limited Şirketi, Sarıcaeli Köyü, Sarıcaeli Küme Evleri No: 29 İç Kapı No: 109, 17100 Merkez / Çanakkale, Türkiye · MERSİS: 0631151313600001 · Trade registry: Çanakkale Ticaret Sicili Müdürlüğü, 9575 · Tax office and no.: Çanakkale Vergi Dairesi, 6311513136 · Phone: +90 533 399 64 86 ("Nivorbit"). Email: hello@vardify.com. Nivorbit provides the Service under the Terms of Use.
• Buyer: The business that enters its name, address and billing details (including a VAT identification number, where it has one) at checkout ("Buyer"). The Buyer is the Subscriber under the Terms of Use.

2. What is ordered

1. Vardify subscription. Vardify is a software service for shift scheduling, clock-in/out (time and attendance) records, timesheets, leave management and payroll input preparation. Clocking in and out can be done on a kiosk, with QR/NFC tags mounted on the wall, or from a phone with an optional geofence. The Service is provided through the web panel (platform.vardify.com), the iOS and Android mobile app and the kiosk app. The subscription is sold only on the web; there are no purchases in the mobile app.
2. Tag Kit. Where it is offered in the Buyer's market, an optional physical product: two NFC/QR wall plaques engraved with the branch's codes and one QR card per kit, up to 5 kits per order. The kit's codes are created at the time of the order for the branch the Buyer selects. A kit is shipped only when the Buyer requests one, never automatically with a subscription. Vardify works fully without a kit: QR tags and tags written with a phone work without it.
3. Order summary. The chosen plan, number of branches, billing period, trial period if any, number of Tag Kits, shipping cost, VAT and the total are shown in the order summary at checkout. The main characteristics, price and terms of the order are also set out in the Pre-Contract Information.

3. Price and payment

1. Pricing. The subscription is priced as shown on the pricing page and in the panel. The Free plan is free for ever (1 branch, up to 5 employees, 1 manager, limited features). Paid plans are priced per business: the plan's fee includes the first branch and a number of employees for the whole business, and each further branch is charged separately at the plan's extra-branch price shown. Plans are billed monthly or yearly; yearly billing gives two months free and is charged upfront for the whole year. Each employee beyond the number the plan includes is billed as an extra seat at the per-seat price shown. Where the Buyer was given a written quote for a plan, that plan's fee and terms are the quote's; the quote is accepted by paying for the plan.
2. VAT. Prices are shown as Paddle's checkout shows them for the Buyer's country. Paddle calculates the VAT that applies to the order and the order summary shows the total including it. Where the Buyer gives a valid VAT identification number and the reverse-charge mechanism applies, no VAT is charged and the invoice says so.
3. Payment. Paddle charges the Buyer using the payment method chosen at checkout. Card details never reach Nivorbit; Nivorbit neither sees nor stores them.
4. Automatic renewal. The subscription renews automatically at the end of each period until the Buyer cancels. For yearly subscriptions, a reminder email is sent 7 days before renewal.
5. Free trial. A new business gets a 30-day trial with all features, with no card required. If the subscription is started during the trial, the first charge is made on the last day of the trial. Cancelling before that date costs nothing. If the trial ends without a plan being chosen, the business moves to the Free plan and no data is deleted; if it is above the Free plan's limits, the account becomes read-only until a plan is chosen or the employees are reduced to the limit.
6. Price changes. Price changes are announced at least 30 days in advance and apply from the first renewal after the announcement. A price lock promised in a written offer (for example to founding customers) is honoured for the term stated in that offer. The price of a period already paid does not change during that period.
7. Tag Kit price. The Tag Kit is sold for the one-off price shown in the order summary, with the shipping cost shown separately. In a given market, the first kit in a business's first order may be given free of charge while stocks last; the order summary then says so.
8. Invoice. Paddle issues the invoice for every amount charged and sends it to the Buyer by email.

4. Delivery

1. Digital service. The subscription is opened in the Buyer's account immediately when the payment is confirmed or the trial is started.
2. Tag Kit. The Tag Kit is shipped by carrier to the branch address the Buyer gave in the order, no later than 30 days after order confirmation. The kit counts as delivered when one of its tags is scanned for the first time or when the carrier delivers it, whichever comes first.
3. Delay. If delivery is delayed, the Buyer is informed. If an order cannot be fulfilled, the Buyer is told without undue delay and the amount paid for the part not fulfilled is refunded.

5. Cancellation

1. The Buyer may cancel the subscription at any time from the Billing page of the web panel.
2. Cancellation takes effect at the end of the paid period. The Buyer keeps using the Service until then.
3. No refund is made for the unused part of a period, except where the law grants a right of withdrawal (clause 6) or requires a refund for another reason.
4. Cancelling during the trial costs nothing.
5. Refunds are processed by Paddle. The details are in the Refund Policy.

6. Right of withdrawal

1. Business buyers. The statutory right of withdrawal under Directive 2011/83/EU on consumer rights, and the national laws implementing it, protects consumers only. A Buyer acting for purposes relating to its trade, business, craft or profession has no such right. Because Vardify is sold to businesses, this is the usual case.
2. Consumer buyers. If the Buyer is a consumer (a natural person acting for purposes outside any trade, business, craft or profession), the Buyer may withdraw within 14 days without giving any reason: for the subscription, from the day the contract is concluded; for the Tag Kit, from the day it is delivered.
3. Service started during the withdrawal period. A consumer who expressly asks at checkout for the Service to start before the withdrawal period ends may still withdraw within the 14 days, but pays an amount in proportion to the Service provided until the withdrawal was communicated (Article 14(3) of the Directive). Once the Service has been fully performed with that express request, the right of withdrawal no longer exists (Article 16(a)).
4. Tag Kit. The Tag Kit is made to the Buyer's specification, engraved with codes created for the Buyer's branch, and is therefore excluded from the right of withdrawal (Article 16(c)).
5. Defective or wrong delivery. A Tag Kit that is defective or delivered wrongly is replaced free of charge. The statutory rights of a consumer regarding goods that do not conform to the contract are not affected.
6. How to withdraw. A consumer withdraws by a clear statement to Paddle, as described in Paddle's buyer terms, or to hello@vardify.com, from where it is passed on to Paddle. The model withdrawal form may be used but is not required. Paddle refunds the amount due within 14 days of receiving the statement, using the same means of payment, at no cost to the consumer.

7. Failed payment

If a renewal cannot be charged, the charge is retried several times and the Buyer is informed by email. If payment still cannot be taken, the account is first closed to write operations and suspended after 14 days. Suspension does not delete data; the account is reopened once payment is made.

8. Personal data

1. For the Buyer's account and billing data, Nivorbit is the controller; that data is processed under the Vardify Privacy Policy.
2. Paddle processes the payment and billing data it needs to act as seller of record as a controller in its own right, under its own privacy notice.
3. For data about the Buyer's employees, the Buyer is the controller and Nivorbit the processor; that data is processed under the Data Processing Agreement.

9. Complaints and disputes

1. Order questions. Questions about a payment, an invoice, VAT or a refund go to Paddle, which handles customer service for the order.
2. Service questions. Complaints about the Service go to hello@vardify.com and are answered within 15 days at the latest.
3. The purchase. The purchase contract with Paddle is governed by Paddle's buyer terms, including their law and jurisdiction clause.
4. The Service. The contract with Nivorbit for the Service is governed by the law and jurisdiction clause of the Terms of Use (Turkish law, the courts of İstanbul Anadolu).
5. Consumers. Nothing in these terms deprives a consumer of the protection of the mandatory provisions of the law of the country where the consumer habitually resides, or of the right to bring proceedings in the courts of that country.

10. Formation and record

1. The order is concluded when the Buyer accepts these terms and the Terms of Use at checkout and the payment (or the trial) is completed.
2. The acceptance is recorded with the date, time, IP address, and the accepted document and its version. The record is kept for the duration of the subscription and the general limitation period of the applicable law after it (10 years at most), matching the Privacy Policy.
3. The accepted versions of these terms and the order confirmation are sent to the Buyer by email.
4. The Terms of Use, the Privacy Policy, the Data Processing Agreement and the Refund Policy complement these terms. If the Buyer is a consumer, the provision more favourable to the consumer applies in case of conflict.

11. Language

The English version of these terms is binding. Versions in other languages, where provided, are for information; if translations conflict, the English text governs.