CONNECT HR Subscription Agreement (Terms and Conditions)
By subscribing to the CONNECT HR services (the “Services”) provided by CONNECT RESOURCES and its affiliates (collectively, “CONNECT HR “) in relation with CONNECT HR Software (the “Software”), hosted on CONNECT HR Cloud platforms (the “Cloud Platform”), you (the “Customer”) are agreeing to be bound by the following terms and conditions (the “Agreement”).
1. Term of the Agreement
The duration of this Agreement (the “Term”) shall be One year from the date of starting the subscription . It is automatically renewed for an equal term, unless either party provides a written notice of termination minimum 30 days before the end of the Term to the other party.
2. Definitions
User: Any active user account with access to the Software in creation / edit mode.
Deactivated user accounts and accounts used by external people who has limited access to the Software through the portal facilities (known as “portal Users”) are not counted as Users.
Customer: Shall mean both the business entity purchasing the software subscription and the individual end-users (also the “User”) within that businesses organisation. Individuals using the website who are Minors (under the age of 18) shall not register as the User of the website.
Bug: Shall mean a technical malfunction that causes failure of the Software and that results in a complete stop, error traceback or security breach, and is not directly caused by a defective installation or configuration.
3. Access to the Software
The Customer can use the Software hosted on the Cloud Platform fully managed by CONNECT HR can be accessed remotely by the Customer who has subscribed to our software.
CONNECT HR commits not to disclose individual or named figures to third parties without the consent of the Customer, and to deal with all collected data in compliance with its official Privacy Policy, published at https://connecthr.ae/privacy-policy/
Upon expiration or termination of this Agreement, subscription is cancelled immediately and the Customer agrees to stop using the CONNECT HR software and the Cloud Platform.
4. Delivery Policy
4.1 Software is on subscription basis and delivery is online
5. Services
5.1 Bug Fixing Service
For the duration of this Agreement, CONNECT HR commits to make all reasonable efforts to provide remedy to any Bug of the Software submitted/ reported by the Customer through the appropriate channel (typically, CONNECT HR email address or website form), and to start handling such Customer submissions/ report within 2 business days.
The Customer understands and agrees that Bugs caused by a modification or extension is not part of the official Software and will not be covered by this service.
An appropriate remedy will be communicated to the Customer as soon as the Bug is fixed
As specified in the license of the Software and in the 8.3 Limitation of Liability section of this Agreement, both parties (ConnectHR and Customer) acknowledge and the Customer / User agrees that CONNECT HR cannot be held liable for Bugs in the Software . This is specified in the license of the Software and in the section 8.3 Limitation of Liability of this Agreement.
5.2 Security Updates Service
Cloud Platform
CONNECT HR commits to apply the security remedies for any security Bug discovered in a version of the Software hosted on the Cloud Platform, on all systems under its control.
5.3 Cloud Hosting Services
For the duration of this Agreement, when the Customer chooses to use the Cloud Platform, CONNECT HR commits to provide at least the following services:
- Hosting in Tier-III data centers or equivalent with 99.9% network uptime
- Grade A SSL (HTTPS) Encryption
- Fully automated verified backups replicated in multiple regions
- Disaster Recovery Plan tested regularly
5.4 Support Services
Scope
For the duration of this Agreement, the Customer may open support tickets depending on the selected Support plan exclusively for questions regarding guidance with respect to the use of the standard features of the Software and Services (functionalities, intended use, configuration, troubleshooting).
Availability
Tickets can be submitted online at https://support.connecthr.ae
6. Charges and Fees
6.1 Standard Charges
The standard charges for the CONNECT HR subscription and the Services are based on the number of Users, and the Software version used by the Customer.
From time to time, we may change the price of any Service or charges for using the Services. Any increase in charges will not apply until the expiry of your current billing cycle. The fee and charges are non-refundable.
6.2 Visa and master card will be accepted for payment.
6.3 Cardholder must retain a copy of transaction records and CONNECT HR policies and rules.
6.4 Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a period of 60 days. In the event of such termination, all data associated with such user account will be deleted and we will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services.
6.5 Taxes
All fees and charges are exclusive of all applicable federal, provincial, state, local or other governmental taxes, fees or charges. The Customer is responsible for paying all taxes associated with purchases under this Agreement.
7. Conditions of Service
7.1 Customer Obligations
The Customer agrees to:
- Take all reasonable measures to keep their user accounts secure by choosing a strong password and not sharing it with anyone else;
- Make reasonable use of the Hosting Services avoiding illegal or abusive activities and strictly observe the rules outlined in the Acceptable Use Policy at https://connecthr.ae/terms-of-use/.
7.2 No Soliciting or Hiring
Except where both parties gives their consent in writing, each party and its representatives agree not to solicit or offer employment to any employee of the other party for the duration of the Agreement and for a period of 12 months from the date of termination or expiration of this Agreement.
7.3 Publicity
Except where notified in writing, each party grants the other a non-transferable, non-exclusive, royalty free, worldwide license to reproduce and display the other party’s name, logos and trademarks, solely for the purpose of referring to the other party on websites, press releases and other marketing materials as a customer or supplier.
7.4 Confidentiality
Definition of “Confidential Information”:
All information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing is designated as confidential. Any information related to but not limited to the business, affairs, products, developments, trade secrets, know-how, personnel, customers and suppliers of either party should be regarded as confidential.
The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the disclosing Party prior notice of the compelled disclosure to the extent permitted by law.
7.5 Termination
If either party fails to fulfil any of its obligations arising herein, and if such breach has not been remedied within 15 calendar days from the written notice of such breach, this Agreement may be terminated immediately by the non-breaching Party.
Further, CONNECT HR may terminate the Agreement immediately in the event the Customer fails to pay the applicable fees for the Services within the due date specified on the corresponding invoice.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity, any modification or tampering done with the software or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be notified to ConnectHR within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days of suspending or disabling the account.
Termination of user account will include denial of access to all Services, deletion of information of your user account such as your email address, password and deletion of all data in your user account.
8. Surviving Provisions:
The following sections mentioned below will survive any termination or expiration of this Agreement. :
8.1 Warranties
For the duration of this Agreement, CONNECT HR commits to use commercially reasonable efforts to execute the Services in accordance with the generally accepted industry standards provided that the following conditions are met:
- the Customer’s computing systems are in operational order
- the Customer provides adequate troubleshooting information
- all amounts due for CONNECT HR have been paid.
8.2 Disclaimers
Except as expressly provided herein, neither party makes any warranty of any kind, whether express, implied, statutory or otherwise and each party specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement to the maximum extent permitted by applicable law. CONNECT HR does not warrant that the Software complies with any local or international law or regulations.
8.3 Limitation of Liability
To the maximum extent permitted by law, the aggregate liability of each party together with its affiliates arising related to this Agreement will not exceed 50% of the total amount paid by the Customer under this Agreement during the previous 3 months’ subscription. And multiple claims shall not enlarge this limitation.
In no event will either party or its affiliates be liable for any indirect, special, exemplary, incidental or consequential damages of any kind, which are not limited to loss of revenue, profits, savings, loss of business or other financial loss, costs of standstill or delay, lost or corrupted data, arising out of or in connection with this Agreement regardless of the form of action, whether in contract, tort (including tort of negligence) or any other legal or equitable theory.
8.4 Force Majeure
Connect HR shall be liable to the customer/user for the delay in any performance or failure to render any performance under this Agreement when such failure or delay is caused by governmental regulations, fire, strike, war, flood, accident, epidemic, embargo, appropriation of plant or product in whole or in part by any government or public authority, or any other cause or causes etc.
9. General Provisions
9.1 Governing Law
Both parties agree that the laws of United Arab Emirates will apply, should any dispute arise out of or in connection with this Agreement, without regard to choice or conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereinabove, both parties agree to submit to the sole jurisdiction of the United Arab emirates court for the purpose of litigating all disputes.
10. Modification of Terms of Service
We may modify the Terms upon notice at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by notifying CONNECT HR by email within 30 days of being notified of the modification.
11. User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you and all other users from your organization sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to:
- a) provide true, accurate, current and complete information about yourself as prompted by the sign up process
- b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if CONNECT HR has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, CONNECT HR may terminate your user account and refuse current or future use of any or all of the Services and will be notified by email.
12. Complaints
If we receive complaint from any person against you related to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy CONNECT HR in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be treated as your consent to disclosure of your name and contact information by CONNECT HR to the complainant party.
13. Trademark
CONNECT HR, CONNECT HR logo, the names of individual Services and their logos are trademarks of CONNECT HR . You agree not to display or use, in any manner, the CONNECT HR trademarks, without CONNECT HR prior permission.
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