THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
“Service” shall mean the use of the Info-tech applications, offered by Info-tech System Integrators Pte Ltd (hereafter known as “Info-tech”) at http://www.infotech-cloudhr.com.sg . Info-tech provides it’s Service to you, subject to the following Terms and Conditions (“TAC”), which may be updated by us from time to time without prior notice to you. You can review the most current version of the TAC at any time at: www.info-tech.com.sg/terms.htm In addition, when using Info-tech services, you and Info-tech shall be subjected to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TAC. Info-tech also may offer other services from time to time, which are governed by different Terms of Services.
Info-tech currently provides users with access to a rich collection of on-line applications (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subjected to the TAC. You understand and agree that the Service is provided “AS IT IS” and that Info-tech assumes no responsibility for the timeliness, deletion, miss delivery or failure to store any user communications or personalization settings. In order to use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
Info-tech provides SaaS (Software as a service) model Cloud HRMS solution software which can be accessible http://www.infotech-cloudhr.com.sg. Software as a service (SaaS) allows users to connect to and use cloud-based apps over the Internet. SaaS provides a complete software solution that you purchase on a pay-as-you-go basis. You rent the use of an app & softwares for your organization, and your users connect to it over the Internet, usually with a web browser. All of the underlying infrastructure, middleware, app software, and app data are located at the Microsoft Azure data center. Info-tech reserves the rights to switch to other the data center if required.
Info-tech owns the software (“Softwares”). Customer owns the materials and information imported into the software (Customer Data). Info-tech will only store and use customer data in order to perform its obligations under this agreement.
Info-tech will implement industry level of high standard and appropriate information security practices to protect Customer Data. Info-tech will ensure that there will be no unauthorized access or acquisition of Customer Data by a third party.
Info-tech grants Customer and its named affiliates a non-exclusive royalty free license to use and access the Software, including reproduce reports, records and other deliverables generated through the Software during the agreed Subscription / Maintenance contractual period.
Info-tech strongly advise the customer to renew their Subscription / Maintenance Contractual period before the expiry date. Upon expiration of the Subscription / Maintenance Contractual period, Info-tech reserves the rights to suspend the service / suspend accessing our cloud HR portal at http://www.infotech-cloudhr.com.sg
In case of Maintenance, our Maintenance price includes the items,
The Subscription / Maintenance contract pricing may vary depends on the customer’s special requirement & if there is any software customization involved. So please contact info-tech to find out more about Subscription / Maintenance Contract pricing.
In consideration of your use of the Service, you agree to:
Provide true, accurate, current and complete information about yourself (such information being the “Registration Data”) and Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Info-tech has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Info-tech has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive a password upon activation of service. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
Immediately notify Info-tech of any unauthorized use of your password or account or any other breach of security, and Ensure that you exit from your account at the end of each session. Info-tech cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Info-tech, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service.
Info-tech does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Info-tech be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree not to reproduce, transfer, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You acknowledge that Info-tech may establish general practices and limits concerning use of the Service. You acknowledge that Info-tech reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Info-tech reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Info-tech reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Info-tech shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Without prejudice to any provision herein, either party may terminate this Service Agreement by giving the other three (3) months prior written notice to that effect.
Upon termination or expiration of this agreement / Maintenance contractual period, Info-tech will at Customers option, return the Customer Data as a backup or delete all Customer Data within 30 days of termination / expiration of agreement.
In the event of termination by you before the expiry of the Subscription / Contract Period, you agree to pay Info-tech a sum equal to the total subscription fees as per the invoice issued minus all subscriptions fees that have already been paid to Info-tech prior to such termination. In case the contractual sum is already prepaid, info-tech will not return any balance sum at what so ever reason.
Info-tech may, without prejudice to any other rights or remedies of Info-tech and notwithstanding any waiver of any previous breach, suspend the Service in the event that any monies payable by you for the Service are in arrears or any amount shown in Info-tech’s bill is not settled in full for more than Seven days (7 days) from the invoice due date. You shall be liable for all charges and fees incurred up to and including the date of such suspension and where such suspension occurs before the end of the Contract Period, you shall be liable for the total subscription fees / agreed fees up to the end of the Contract Period. Notwithstanding the aforesaid, upon payment by you of all monies due and owing to Info-tech, Info-tech may at its sole discretion and subject to such terms as it deems proper, reconnect the Service.
You shall pay Info-tech in full all fees, costs and expenses accrued and owing to Info-tech prior to termination by or upon termination of this Service Agreement. The termination of this Service Agreement shall be without prejudice to your obligations which have accrued prior to such termination, including, without limitation, your obligation to pay all monies due and owing to Info-tech hereunder. Info-tech may summarily terminate this Service Agreement without any liability to you, directly or indirectly, in damages or otherwise if:
In the reasonable opinion of Info-tech, You has breached any of the terms and conditions herein contained; or you make any voluntary arrangement with your creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction ); or an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of Yours.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Info-tech or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INFO-TECH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INFO-TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SERVICE;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE.
Info-tech, the Info-tech logo, and other Info-tech logos and products and service names are trademarks of Info-tech. (the “Info-tech Marks”). Without Info-tech’s prior permission, you agree not to display or use in any manner, the Info-tech Marks.
You shall pay Info-tech the agreed upon fees and charges set out in this Service Agreement. All payments hereunder shall be made by way of cheque or bank drafts made in favor of Info-tech Systems Integrators Pte Ltd within seven (7) days from the date of Info-tech’s invoice as detailed therein except where specified otherwise.
You shall pay any good and services tax or any other tax levies or charges now or hereafter imposed by law.
For the purpose of calculating the subscription fee / agreed fee as per quotation per month for the current month, the total number of users shall be based on the total number of active users on the last day of the previous month, or the number of users stated in the Service Agreement during the contract period, whichever is higher.
If you fail to make payment when due, Info-tech may charge you interest at one and a half percent (1.5%) per month on the amounts outstanding, from the date such payment is due until the date payment is made in full OR Info-tech reserves the rights to suspend the service / suspend accessing our cloud HR portal at http://www.infotech-cloudhr.com.sg Billing will start from the commencement date regardless of whether you have started using the services or not.
You acknowledge that your use of the Service is at your sole risk. The Service is provided on an “As IT Is” basis, and Info-tech does not make any warranty, express or implied, with respect to the Service, including without limitation any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights.
Force Majeure means, in relation to Info-tech, any circumstance beyond the reasonable control of Info-tech (including, without limitation, any breakdown or malfunction of hardware, software, networks or systems used in connection with the Service).
Notwithstanding any other provision of this Service Agreement, Info-tech shall not be deemed to be in breach of this Service Agreement, or otherwise be liable to you, for any delay in performance or the non-performance of any of its obligations under this Service Agreement, to the extent that the delay or non-performance is due to any Force Majeure, and the time for performance of that obligation shall be extended accordingly.
You shall not assign, transfer, sub-contract or in any other manner make over to any third party the rights, benefit and/or obligations under this Service Agreement without the prior written consent of Info-tech.
The TAC constitute the entire agreement between you and Info-tech and govern your use of the Service, superseding any prior agreements between you and Info-tech. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TAC and the relationship between you and Info-tech shall be governed by the laws of Singapore without regard to its conflict of law provisions. You and Info-tech agree to submit to the personal and exclusive jurisdiction of the Singapore courts. The failure of Info-tech to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TAC are for convenience only and have no legal or contractual effect.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TAC or other matters by displaying notices or links to notices to you generally on the Service.
To ask any questions about this TAC, the practices of this website, or our Services, or make any suggestions or tell us about any other ideas concerning our site or our Services, please contact: