Terms and Conditions

1) ELIGIBILITY FOR BEING PART OF THE PROGRAMME

As a current Factorial client, You (Factorial Client, Customer) can refer to an unlimited number of companies each month.

You only need to keep one active Factorial account, which must be in good standing with all Factorial’s rules and obligations, with no violations or non-compliance. 

2) FRIEND REFERRAL

We define as 'referred Friends' the companies referred by you, a Factorial Client, under the following conditions. To qualify as a referred Friend the friend has to comply with:

• The referred company has to be a New Client ('New Client'), meaning they have never used any of Factorial's services, placed an order, or been present in our database.
• Former clients may also qualify if their account was closed at least 2 years ago. It's important to note that the account closure must not have been due to a failure to fulfill their obligations within Factorial.

Upsells and/or new modules/features contracted by the referred Friend are not eligible  under the Programme.

Please note that  if you refer to a corporate group (as defined in Article 42 of the Spanish Commercial Code and those considered "affiliates or subsidiaries") it will be considered as a single referral in our referral programme. Also, be aware that self-referrals or referrals of any other company within your own corporate group are not eligible.

Your referred Friends can start referring to their own Friends as soon as they have a Factorial account.

Also, referred Friends may get a percentage discount off in their subscriptions!

How can a Friend be referred to Factorial?

Find your unique referral code by going to ‘Settings’ > ‘Factorial Referral Program’ > ‘Refer Factorial’ > Send out the link to your referral for them to fill out the form.

Please make sure your referred Friend (as defined in this document) is happy to hear about this offer from Factorial before you refer them. Please note that you are confirming to Factorial that you are authorized to share your Friend company's contact data as required by relevant data protection laws for the purpose of contacting them to receive our commercial information.

3) REWARD

About the Reward

When referring to Friends, you (as a Company) can earn as reward a Credit (“Credit”) that can be applied towards paying for your company Factorial subscription and also a personal Amazon Gift Card (“Gift Card”), which in conjunction will be referred to as “Incentives”. Please note that Factorial reserves the right to change the type of reward or incentive offered at any time, as well as to completely discontinue this program or change its conditions.

Some of the Incentives rely on third parties or third-party providers, so as a participant in the program, you agree to accept the conditions set by those third-party providers, including but not limited to expiration conditions, terms of use, etc. Factorial has no responsibility for the conditions set by these third parties. 

The Gift Cards will be issued to the email in which you made your Referral, and by participating in this program, you confirm that your Company is in agreement with you receiving a personal and non-transferable reward in the amount and conditions displayed in this Term.

Please note that the Credit will be credited to your Factorial account once your referred Friend becomes 'committed'. In this context, 'committed' means that the referred Friend (as defined above) has paid the onboarding fee (if applicable) and:

(a) three invoices of a Factorial subscription fee in case of monthly plans; or

(b) an invoice of a Factorial subscription fee for annual plans (or other kinds of plans). 

The Credits are valid for a 12-month period since the accrual date and Gift Cards follow the Third-party Provider’s terms; 

Any Factorial Incentive is non-transferable and non-redeemable for cash  under any circumstance.

How will Factorial calculate your Incentive?

Your Incentive amount will be calculated based on the number of seats contracted by your referred Friend at the time of their commercial proposal subscription signing.

The Incentive amount will be determined according to the parameters in the following table:

• If you refer a Friend with 15 (minimum limit) to 30 employees (both numbers included), you will earn a 300€ Credit and an Amazon gift card
• If you refer a Friend with 31 to 50 employees (both numbers included), you will earn a  600€ Credit and an Amazon gift card. 
• If you refer a Friend with 51 to 150 employees (both numbers included), you will earn a  1000€ Credit and an Amazon gift card. 
• If you refer a Friend with more than 151 employees (number included), you will earn a 3000€ Credit and an Amazon gift card.

In any case, the value of the Amazon Gift Card will be of 200€ (two hundred euro) and will be issued in the currency chosen by Factorial. If the currency is not in Euros, the amount in the chosen currency will correspond to the aforementioned amount in Euros. Factorial however will not be liable for any fluctuations in the exchange rates and, therefore, the correspondent total amount in the chosen currency, that might differ depending on the issuing date.

Please note that, the "number of seats" shall be deemed to be the number of employees (“seats”) stated in the Commercial Proposal signed by the referred Friend and paid.

Notwithstanding the table above, it is important to note that, although you are able to make as many referrals as you wish, the total amount you can accumulate in Credit is the equivalent to a full year of your current Factorial’s subscription value. The calculation of the annual subscription value is based on two scenarios: (a) for annual plans, annual value is the subscription value indicated in the signed commercial proposal, and (b) for monthly plans, annual subscription value is the indicated in the signed commercial proposal and multiplied by 12 months.

How will Factorial pay your Incentive?

How Factorial will pay out the Credit part of the Incentive depends on the client's subscription plan and their ongoing engagement with the platform. 

Here is how the Credit will be paid out in different situations, and :

• If you have a monthly Plan: If you have a monthly subscription plan and have accumulated a credit, your accumulated Credit will be applied to future monthly invoices until fully used. After the Friend is committed, the Credit will be gradually deducted as a discount on your monthly invoices  until it has been fully utilized.
• If you have an annual Plan (or other kind of plan): If you have an annual subscription plan (or other kind of plan) and have accumulated a Credit, Factorial will apply the accumulated Credit as a discount on your next annual invoice, reducing your subscription renewal cost for the following year.

It is important to note that this Credit will only be valid as long as you remain as an active Factorial customer and do not fail to meet any of your contractual obligations to Factorial. 

In relation to the Gift Card, Factorial will send out this part of the Incentive to the email address that was used by you to generate the referral link. It is your responsibility to check that you receive this email and the terms of the incentive.

How can I activate the process for the Friend Referral?

To make a Friend referral, you must follow these steps:

• Access the ‘Refer Factorial’ site within the ‘Settings’ section.
• Send the unique URL over to your referral so that they can fill out the form. 
• We take care of the rest!

You are required to follow this automated process; otherwise, we are unable to grant any Incentive.

Any doubt? Don’t forget to check this important information: 

• Is there a case in which a refund, cash payment or bank transfer payment of the Incentive (Credit or Gift Card) amount is made? No, Factorial will not issue any refunds or payments to the Customer under any circumstances or exceptions, including if you deactivate your account with unused credits.
• Will I still get Credit if my Friend cancels their order? No, your Credit is only applied after the point that your Friend can no longer cancel their order so it is considered “committed” (3 months in case of monthly subscription and 1 year if yearly).
• What happens if I close my Factorial account? Any leftover Credit will be and will not be recoverable, even if you reactivate your Factorial account.
• What if I do not use my Gift Card and it expires? It's your responsibility to ensure the incentive doesn't expire, especially if it is subject to conditions set by a third-party provider. 
• Factorial decides to give a discount or make an exception to these Terms and Conditions? This is rare but referral rewards are variable at our discretion. In such instances the Terms and Conditions remain unchanged for all other instances.
• Referral program may change or end? It’s not often, but this can happen. Factorial reserves the right to modify/terminate the program at any time and If it does, Factorial will reflect the changes here. Accrued credits will remain in your account until the end of the credit or the expiration date . We reserve the right to offer different discounts to customers at any one time from time to time.  
• A referred friend or referring account holder has questions? Factorial will reply and any decisions made will be at Factorial’s sole discretion.
• Privacy or Conditions is a concern? Our Refer a Friend programme operates in accordance with our website Privacy Policy and Terms & Conditions.

Factorial’s Limitation of Liability: EXCEPT AS REQUIRED BY APPLICABLE LAW, FACTORIAL SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THIS PROGRAMME, AND YOU AGREE TO INDEMNIFY AND HOLD FACTORIAL HARMLESS IN THIS REGARD. IN ANY EVENT, FACTORIAL'S LIABILITY SHALL BE LIMITED TO AN AMOUNT NOT EXCEEDING THE TOTAL FEES PAID BY THE YOU (CUSTOMER) TO FACTORIAL IN THE TWELVE (12) MONTHS PRECEDING THE OCCURRENCE OF THE HARMFUL EVENT. IF LESS THAN TWELVE (12) MONTHS HAVE PASSED SINCE THE EFFECTIVE DATE OF THESE TERMS AND CONDITIONS, FACTORIAL'S LIABILITY SHALL NOT EXCEED TWELVE (12) TIMES THE CUSTOMER'S LAST MONTHLY PAYMENT TO FACTORIAL FOR THE USE OF THE PLATFORM. THIS LIMITATION OF LIABILITY, IN ACCORDANCE WITH ARTICLE 1,152 OF THE SPANISH CIVIL CODE, SUPERSEDES ANY OTHER COMPENSATION FOR DAMAGES AND LOSSES, PROVIDED THAT IT IS EXPLICITLY AGREED TO BY THE USER. THE CUSTOMER IS RESPONSIBLE FOR PROCURING SUITABLE INSURANCE POLICIES TO COVER DAMAGES THAT MAY EXCEED THE AFOREMENTIONED MAXIMUM LIABILITY LIMIT.

Modification: Factorial reserves the right to modify these Terms and Conditions to adapt them to any change or new regulation, for technical reasons, for changes in the Services or in the Programme offered by Factorial or for strategic decisions of the company. IT IS YOUR RESPONSIBILITY TO PERIODICALLY REVIEW THESE TERMS AND CONDITIONS. IF YOU IF YOU CONTINUE TO USE THE “REFER A FRIEND PROGRAMME” AFTER MODIFICATION OF THESE TERMS AND CONDITIONS, YOU WILL BE DEEMED TO HAVE EXPRESSLY AND RESERVEDLY ACCEPTED SUCH MODIFICATION. 

Jurisdiction and Governing Law: These Terms and Conditions shall be governed and interpreted in accordance with the rules of common law of the Spanish legislation.

For any questions that may arise from the interpretation, compliance and execution of these Terms and Conditions, the User and Factorial submit to the jurisdiction and competence of the Courts and Tribunals of the city of Barcelona, expressly waiving any other jurisdiction that may correspond to them by law, unless the applicable legislation does not provide otherwise. Notwithstanding the foregoing, prior to any legal action being brought before the Courts and Tribunals, both parties shall make their best efforts within a maximum period of 15 working days to reach an amicable solution to the dispute.

THE CUSTOMER WARRANTS THAT THE PERSON WHO ENTERS INTO THESE TERMS AND CONDITIONS ON BEHALF OF THE CUSTOMER DOES SO AS A DULY AUTHORIZED LEGAL REPRESENTATIVE AND HAS SUFFICIENT LEGAL CAPACITY TO ENTER INTO THE CONTRACT.

Date of last review/version: 11th of October 2024.