1. Definitions
For the purposes of these Terms of Service:
- "Alex Global" or "the Company": refers to Alex Global and its operating subsidiaries in Argentina, Chile, Mexico, Ecuador, and Spain.
- "Client": the company that engages Alex Global's services to employ, manage, or pay workers in foreign jurisdictions.
- "Managed Employee": the individual formally employed by Alex Global on behalf of the Client under an Employer of Record arrangement.
- "Contractor": the independent professional managed through Alex Global's services.
- "Services": the Employer of Record, contractor management, global payroll, and compliance services offered by Alex Global.
2. Scope of Services
Alex Global provides Employer of Record (EOR) services whereby it acts as the legal employer of Managed Employees in the jurisdictions where it operates, while the Client retains functional and operational direction of the work.
Our services include, but are not limited to:
- Formal hiring and registration with labor and social security authorities
- Payroll preparation and processing in compliance with local legislation
- Management of tax withholdings, employer contributions, and mandatory benefits
- Administration of hiring, terminations, and contractual modifications
- Independent contractor management, including invoicing and compliance
- Advisory on labor and tax regulatory compliance
3. Alex Global's Obligations
3.1 As Employer of Record
- Act as the legal employer in full compliance with labor, tax, and social security regulations in each jurisdiction.
- Process payroll accurately and on time, including all legal withholdings and contributions.
- Manage registration and maintenance of Managed Employees with the relevant social security agencies.
- Provide employment contracts compliant with local labor law.
- Manage mandatory benefits as required by each country's legislation.
- Maintain confidentiality of all information shared by the Client and Managed Employees.
3.2 Contractor management
- Facilitate the engagement and administrative management of independent contractors.
- Advise on proper classification of the working relationship to avoid misclassification risks.
- Manage payments and tax documentation in compliance with local regulations.
4. Client's Obligations
- Provide complete, accurate, and up-to-date information about Managed Employees and employment conditions.
- Communicate any changes to employment terms (salary, position, schedule, etc.) with reasonable advance notice.
- Not establish a direct employment relationship with Managed Employees in jurisdictions where Alex Global acts as EOR.
- Pay invoices issued by Alex Global within agreed timeframes.
- Comply with applicable data protection laws regarding shared employee information.
- Not request or facilitate conduct that violates local labor or tax laws.
- Immediately notify Alex Global of any incidents or claims related to Managed Employees.
5. Pricing and Invoicing
Alex Global's fees consist of the employee's labor costs (gross salary, employer contributions, mandatory benefits) plus a management fee agreed upon in the service agreement.
- Invoices will be issued monthly with a breakdown of all items.
- Payment shall be made within 15 calendar days of invoice issuance, unless otherwise agreed.
- Late payments may incur interest as permitted by applicable law.
- Alex Global reserves the right to suspend services in case of non-payment exceeding 30 days.
6. Employment Relationship and Liability
Under the EOR model, Alex Global assumes the position of legal employer for all purposes, including labor, tax, and social security obligations. However:
- The Client retains functional direction of the Managed Employee's work.
- Alex Global shall not be liable for operational decisions made by the Client regarding the employee's day-to-day work.
- Alex Global's liability is limited to obligations arising from its status as legal employer and the contracted services.
- The Client shall indemnify Alex Global for any claims arising from instructions given to the Managed Employee that violate applicable law.
7. Termination of Employment
- Any termination of a Managed Employee's employment must be communicated at least 30 days in advance, except for justified cause under local law.
- Alex Global will manage the offboarding process in compliance with applicable labor law, including calculation and payment of severance.
- Severance, notice period, and final settlement costs shall be borne by the Client.
- Alex Global will advise the Client on legal risks associated with the proposed termination.
8. Compliance
Alex Global commits to complying with all applicable regulations in each jurisdiction, including but not limited to:
- Labor and employment law (contracts, working hours, holidays, leave)
- Social security and benefits regulations
- Tax and fiscal legislation
- Occupational health and safety regulations
- Data protection regulations (GDPR in Spain and the EU; local laws in Latin America)
- Anti-money laundering and counter-terrorism financing regulations
9. Confidentiality
Both parties commit to maintaining the strictest confidentiality regarding all information shared in connection with the provision of services, including financial, strategic, commercial, and employee data.
This confidentiality obligation shall remain in force during the term of the contract and for a period of 5 years after its termination.
10. Data Protection
The processing of personal data is governed by our Privacy Policy and by the provisions of the European Union's General Data Protection Regulation (GDPR), as well as applicable local data protection legislation in each jurisdiction.
Alex Global and the Client will execute a Data Processing Agreement (DPA) pursuant to Article 28 of the GDPR, governing the specific conditions for processing Managed Employees' personal data.
11. Intellectual Property
All work produced by Managed Employees in the course of their duties shall belong to the Client, unless otherwise agreed. Alex Global does not acquire any intellectual property rights over work performed by Managed Employees.
12. Limitation of Liability
- Alex Global's total liability under these Terms shall not exceed the total management fees invoiced in the 12 months preceding the event giving rise to the claim.
- Alex Global shall not be liable for indirect, consequential damages, loss of profits, or reputational damage.
- No limitation shall apply in cases of willful misconduct, gross negligence, or breach of mandatory legal obligations.
13. Dispute Resolution
The parties shall attempt to resolve any dispute amicably. Failing agreement, disputes shall be submitted to the courts of Wyoming, United States, unless mandatory law of the Managed Employee's country establishes a different jurisdiction for labor matters.
14. Duration and Termination of the Service Agreement
- The service agreement shall have the duration established in the commercial agreement signed between the parties.
- Either party may terminate the agreement with a minimum of 90 days' notice.
- Termination of the service agreement shall not affect ongoing labor obligations with Managed Employees until their proper conclusion.
- Alex Global will assist in the transition of Managed Employees to another employer or to the Client directly.
15. Governing Law
These Terms of Service are governed by the laws of the State of Wyoming, United States, without prejudice to the mandatory provisions of the labor law of the country where services are provided to the Managed Employee.
16. Amendments
Alex Global reserves the right to modify these Terms of Service. Changes will be notified at least 30 days in advance. Continued use of the services after notification shall constitute acceptance of the new terms.
17. Contact
For any questions about these Terms of Service:
Email: hola@alexglobal.io
Address: Wyoming, United States