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EffiHR

Terms & Conditions​

EffiHR is engaged in the business of developing and implementing a human resource management solution product named ‘EffiHR’ (the “Software”, which also includes any related software provided by EffiHR). The following terms and conditions regulate the provision of Software Subscription Services for our Customers and are in addition to the terms of the relevant customer agreement (“Customer Agreement”). Any capitalized terms set out herein shall have the meanings assigned to them in the Customer Agreement.

LICENSE CONDITIONS

The license granted by EffiHR to the Customer is subject to the following limitations and prohibitions:

  • The Software Subscription Services may only be used and accessed by the employees and other authorized personnel of the Customer.
  • The Software Subscription Services may only be used by the number of users purchased by the Customer.
  • The Customer must not sub-license its right to access and use the Software Subscription Services.
  • The Customer must not use the Software Subscription Services to provide services to third parties.

MAINTENANCE AND SUPPORT SERVICES

  • EffiHR shall provide Maintenance Services and Support Services to the Customer remotely, in accordance with this clause and the terms set out in Schedule 1 of these Terms & Conditions.
  • EffiHR shall make available to the Customer a virtual/remote helpdesk. The Customer may use the helpdesk for requesting and receiving Maintenance Services and/or Support Services; the Customer must not use the helpdesk for any other purpose.
  • EffiHR shall respond promptly to all requests for Maintenance Services and/or Support Services made by the Customer through the helpdesk.
  • If the Customer requires EffiHR to provide any Maintenance Services and/or Support Services (including training or re-training) on-site at the Customer’s premises, the Customer shall be liable to pay Charges to EffiHR for the time spent by EffiHR’s personnel performing such services.
  • EffiHR shall, where practicable, provide the Customer with at least 10 (ten) Business Days’ prior written notice of scheduled Maintenance Services and/or Support Services that are likely to affect the availability of the Software Subscription Services or have a material negative impact upon the Software Subscription Services.
  • EffiHR may suspend the provision of Maintenance Services and/or Support Services if any amount due to be paid by the Customer to EffiHR under this Agreement is overdue by 45 days, and EffiHR has given the Customer at least 30 (thirty) days’ written notice, following the amount becoming overdue, of its intention to suspend the Maintenance Services and/or Support Services on this basis.

DATA PROTECTION​​​

  • The Customer warrants to EffiHR that it has the legal right to disclose all Customer Data that it does, in fact, disclose to EffiHR under or in connection with this Agreement and that the processing of that Customer Data by EffiHR for the permitted purpose in accordance with the Customer Agreement will not breach any Applicable Law, including any applicable data protection or data privacy laws.
  • To the extent that EffiHR processes Customer Data disclosed by the Customer, EffiHR warrants that:
    • It will act only on instructions from the Customer in relation to the processing of that Customer Data.
    • It has in place appropriate security measures (both technical and organizational) against unlawful or unauthorized processing of that Customer Data and against loss or corruption of that Customer Data.
  • The data protection addendum (“DPA”), as may be updated by EffiHR from time to time if required by applicable law. For the Standard Contractual Clauses (as defined in the DPA) which form part of the DPA, the below Data Processing Addendum (DPA) constitutes an integral part of the customer “Subscription” Agreement and is hereby incorporated into it by reference unless a customer has signed a separate written data processing agreement with EffiHR.

ACKNOWLEDGEMENTS AND WARRANTY LIMITATION​​

  • The Customer acknowledges that complex software is never wholly free from defects, errors, and bugs, and subject to the other provisions of this Agreement, EffiHR gives no warranty or representation that the Software or the Software Subscription Services will be wholly free from defects, errors, and bugs. However, EffiHR will always assist the Customer in resolving identified problems.
  • The Customer acknowledges that complex software is never entirely free from security vulnerabilities, and subject to the other provisions of this Agreement, EffiHR gives no warranty or representation that the Software or the Software Subscription Services will be entirely secure. However, EffiHR will always assist the Customer in resolving identified problems.
  • The Customer acknowledges that the Software Subscription Services are designed to be compatible only with that software and those systems specified as compatible in the Software Subscription Services specification, and EffiHR does not warrant or represent that the Software or the Software Subscription Services will be compatible with any other software or systems.
  • The Customer acknowledges that EffiHR will not provide any legal, financial, accountancy, or taxation advice under this Agreement or in relation to the Software Subscription Services; and, except to the extent expressly provided otherwise in this Agreement, EffiHR does not warrant or represent that the Software or the Software Subscription Services or the use of the Software or the Software Subscription Services by the Customer will not give rise to any legal liability on the part of the Customer or any other person.

REFUND & CANCELLATION POLICY

We strive to offer flexible solutions for your HR needs. We do not have a refund policy. If you need to cancel your EffiHR subscription, you may do so at any time by providing us with one month’s advance notice. This notice period helps us ensure a smooth transition and closure of your account.

MAINTENANCE AND SUPPORT SLAPART A: MAINTENANCE SLA​​​

This Part A (Maintenance SLA) of Schedule 1 (Maintenance and Support SLA) sets out the service levels applicable to the Maintenance Services.

UPDATES​​

EffiHR may apply updates to the Software from time to time without any prior intimation to the Customer.

UPGRADES​​

  • EffiHR may upgrade the Software from time to time.
  • EffiHR shall keep the Customer reasonably informed during the Term of its plans for the release of Upgrades; however, except to the extent that the Parties agree otherwise in writing, EffiHR shall have no obligation to release upgrades with features requested by the Customer or to take into account the opinions of the Customer in relation to plans for the release of upgrades.
  • EffiHR shall produce upgrades at least once in each calendar year during the Term and shall make such upgrades available to the Customer in accordance with the provisions of this Part A (Maintenance SLA) of Schedule 1 (Maintenance and Support SLA).

PART B: SUPPORT SLA​

This Part B (Support SLA) of Schedule 1 (Maintenance and Support SLA) sets out the service levels applicable to the Support Services.

TOUCHPOINTS

The following will be the touch points between the Parties for logging issues, resolving them, and any other communication required in this regard:

  • Access to My EffiHR Support (24 x 7 web-based Customer support system), including the ability to log service requests online.
  • Direct phone lines & cell-phone based support on Business Days during normal business hours.
  • Program updates, fixes, security alerts, and critical patch updates.
  • General maintenance releases, selected functionality releases, and updates.
  • Non-technical Customer service during normal business hours.
  • Service requests may be submitted online through the EffiHR web-based Customer support systems or by email/telephone.

The service request severity level is selected by the Customer and EffiHR and should be based on the following severity criteria:

  • Severity – High: The production use of the Software Subscription Services has stopped or is so severely impacted that the Customer cannot reasonably continue work. The Customer experiences a complete loss of service. The operation is mission-critical to the business, and the situation is an emergency. A Severity P1 service request has one or more of the following characteristics:

    • Data corrupted.

    • A critical documented function is not available.

    • System hangs indefinitely, causing unacceptable or indefinite delays for resources or response.

    • System crashes and repeatedly crashes after restart attempts.

  • Severity – Medium: The Customer experiences a severe loss of service. Important features of the Software Subscription Services are unavailable with no acceptable workaround; however, operations can continue in a restricted fashion.

  • Severity – Low: The Customer experiences a minor loss of service. The impact is an inconvenience, which may require a workaround to restore functionality.