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Our HRM and other services software policy
TERMS AND CONDITIONS APPLY
These Terms of Service (the "Agreement") are an agreement between HRM Technologies, ("HRM Technologies" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by HRM Technologies and of the www.hrmafrica.co.ke or www.hrmkenya.co.ke or www.webhostingkenya.com website (collectively, the "Services"). By buying and using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. HRM Technologies has the right to add, edit, modify this this agreement anytime without giving any notice.
1. Acceptable Use Policy
This Acceptable Use Policy ("AUP") governs your use of the Services and is incorporated by reference into HRM Technologies Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. HRM Technologies reserves the right may modify this AUP at any time without notice. The Services provided by HRM Technologies may only be used for lawful purposes. By purchasing and using any of our services as displayed in our website www.hrmkenya.co.ke | www.hrmafrica.co.ke , you agree to be bound by our acceptable user policy and also to comply with all applicable laws, rules and regulations in connection with your use of the Services. HRM Technologies reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our support department within the specified time period in our email to you may result in the suspension or termination of the Services.
2. Prohibited Uses
a). Infringement of Intellectual Property Rights. Use of the Services to infringe upon another party's intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
b). Zero Tolerance Spam. We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists," purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice. Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated. HRM Technologies reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion. HRM Technologies reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.
Pornography Prohibited. Content that is potentially harmful to minors, pornographic in nature as determined in our sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host pornography or sending pornographic spam emails will be suspended immediately without notice.
3. Account Security.
It is your responsibility to ensure that scripts/programs installed under your account are secure, updated and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password.
4. Non-refundable Products and Services
There are no refunds on web hosting, webdesign and development, domain renewal, and HRM system software, Mobile app development services, and software development services .
5. Indemnification
You agree to indemnify, defend and hold harmless HRM Technologies, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. In no event will HRM Technologies and its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites or other materials accessed or downloaded through the services, even if HRM Technologies is aware or has been advised of the possibility of such damages.
6. Disclaimer
HRM Technologies shall not be responsible for any damages your business may suffer. HRM Technologies makes no warranties of any kind, expressed or implied for the Services. HRM Technologies disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by HRM Technologies or our employees.
7. Backups and Data Loss
Your use of the Services is at your sole risk. You must keep a backup of your hosted data and files. HRM Technologies is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on HRM Technologies servers.
8. Entire Agreement
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
9. Severability
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
10. Force Majeure
HRM Technologies is not liable for any default or delay in the performance of any of its obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
11. License Grant
We grant you a non-exclusive, non-transferable license to use the Software for your internal business purposes, subject to the terms and conditions set forth herein.
12. Intellectual Property
All intellectual property rights in the Software and associated documentation are owned by HRM Technologies. You are granted no rights in or to the Software other than those expressly granted under this agreement.
13. Confidentiality
Both parties agree to keep confidential all information, whether written or oral, that is marked or designated as confidential or that, by the nature of the circumstances surrounding the disclosure, ought to be treated as confidential.
14. Support and Maintenance
We will provide support and maintenance services for the Software/softwares as described in our support policy...in which charges my be incurred for additional upgrades
15. Fees and Payment
Fees: You agree to pay the license fees or any other service fee as specified in the order form or invoice.
16. Term and Termination
Term: This agreement is effective from the date you accept it and will continue until terminated as set forth herein
Termination: Either party may terminate this agreement with 30 days' written notice. We may terminate this agreement immediately if you breach any of the terms and conditions.
Effect of Termination: Upon termination, you must cease all use of the Software and destroy all copies in your possession.
17. Warranties and Disclaimers
Warranty: We warrant that the Software will perform substantially in accordance with the documentation.
Disclaimer: Except as expressly provided in this agreement, the Software is provided "as is" without warranty of any kind, either express or implied.
18. Limitation of Liability
To the maximum extent permitted by law, in no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your use of the Software.
19. Governing Law
This agreement shall be governed by and construed in accordance with the laws of [Jurisdiction].
20. Entire Agreement
This agreement shall be governed by and construed in accordance with the laws of [Jurisdiction].
21. Amendments
We may amend these terms and conditions from time to time. The latest version will always be available at the company and shall be communicated to all clients via email address. Continued use of the Software following any changes constitutes acceptance of those changes.
22. User Obligations
Compliance: You agree to use the Software in compliance with all applicable laws and regulations.
Restrictions: You shall not:
- Copy, modify, or create derivative works based on the Software.
- Reverse engineer, decompile, or disassemble the Software.
- Rent, lease, or sublicense the Software to third parties.
23. Data Protection and Privacy Laws
The client agrees to comply with the Kenya Data Protection Act, 2019, and shall be solely responsible for obtaining the necessary consents from its employees before processing any personal data through the HR software. HRM Technologies as a provider shall not be liable for any data breaches or violations of the Act resulting from improper use of the software by the client.
24. Employment and Labor Laws
The HR software is designed to facilitate compliance with the Employment Act, 2007. However, the client is responsible for ensuring the accuracy and legality of all employment records and payroll calculations generated through the software.
25. Intellectual Property Laws
The HR software, including its source code, user interface, and associated documentation, is protected under the Kenya Copyright Act, 2001. The client agrees not to copy, reverse engineer, or distribute the software without prior written consent from the software provider.
26. Software Licensing and Terms of Use
This HR software is licensed, not sold, to the client. The client is granted a non-exclusive, non-transferable license to use the software only for its internal HR management purposes. Any unauthorized use, including the sharing of login credentials or distribution of the software, is prohibited.
27. Cybersecurity and IT Laws
The HR software incorporates industry-standard security protocols to safeguard against unauthorized access. However, the client is responsible for securing its own access credentials and ensuring that its employees use the software in compliance with the Computer Misuse and Cybercrimes Act, 2018.
28. Contractual Liability and Indemnification
The provider’s liability for any damages arising from the use of the HR software is limited to the fees paid by the client in the preceding six months. The provider shall not be liable for indirect, incidental, or consequential damages, including loss of profits or data.
The client agrees to indemnify and hold the software provider harmless against any third-party claims, damages, or liabilities arising from the client’s use of the HR software, including but not limited to violations of the Kenya Data Protection Act, 2019, or the Employment Act, 2007.
29. Non-Disclosure Agreements (NDAs)
Both parties agree not to disclose or use any confidential information, including proprietary software algorithms, business processes, or employee data, obtained during the course of this agreement for any purpose other than fulfilling their obligations under this contract.
30. Anti-Discrimination Laws
The client is responsible for ensuring that their use of the HR software complies with the anti-discrimination provisions outlined in the Constitution of Kenya, 2010, and the Employment Act, 2007. The provider is not liable for any discriminatory practices arising from the client’s use of the software.
31. Tax Compliance
The HR software provides tools for calculating tax deductions in line with the Kenya Income Tax Act. However, the client is solely responsible for ensuring that all tax filings and payments are accurate and compliant with the law.