TERMS OF SERVICE

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Terms Of Service

Synergita is owned and operated by Asteor Software Private Limited. Synergita is a web based HR performance management software and delivered as Software-as-a-Service. By using Synergita system located at https://growth.synergita.com/ (the service), you accept the Terms & Conditions provided in this document.

You (Customer) may access the Service as either an individual or on behalf of a company. If you are signing up for the Service on behalf of a company, you represent and warrant that you are duly authorized to represent the company and that you accept the terms of services on behalf of the company.

The latest version of terms & conditions can be viewed at www.synergita.com/termsofservice.html

Services Provided by Synergita

Synergita provides following products/services:

  HR Performance Management Software in “Software as a service” business model

  Synergita implementation and customization services

   Synergita training services

Customer’s purchase order will capture the services required by the customer and pricing details.

Synergita may update the software periodically. This update may be towards enhancing the software functionality, additional features and modules, etc. Nothing in this agreement prevents Synergita from updating the software unless such change materially impacts the services committed to the customer for the term and under purchase order. Customers may purchase these new features at additional price. Purchasing services once does not entitle customers to get access to new features and services without additional payment.

By entering into this Agreement, you confirm that your purchase decision is not dependent on any oral or written public comments made by Synergita regarding future functionality or features.

Synergita Web API

Upon purchasing Gold Edition, Synergita hereby grants you a non-exclusive, non-sub licensable, non-transferable, limited use license to Web Service APIs. This license is not linked with any particular version of API and this API should be used for exchanging data with other systems. You assume all liability as a result of any use of the APIs.

Data Security

Synergita shall implement physical and technical safety measures for the protection of data, maintaining confidentially of data. The data will not be disclosed to any external parties unless compelled by law. Synergita has also implemented industry standard measures for taking customer data backup and maintain it securely in an offsite location.

You shall not use any device, software or routine to undermine the usability or interfere or attempt to interfere with the proper working of the Website or our application.

Service Availability

Synergita will use commercially reasonable effort to make Services available 24×7 except in case of planned downtime and Force Majeure. Synergita may shut down the Services to perform planned maintenance of the system or to upgrade the system. To the extent possible and reasonable, we will schedule such downtime in non-business hours for majority of our Customers over weekend. We will provide at least 8 hours of notice for such downtime.

Response time for issues

Synergita shall maintain necessary support infrastructure to adequately support the customers. Following are the response times that Synergita will meet:

Major / Critical Incidents: 8 business hours; Minor incidents : 24 business hours

For critical incidents, Synergita will publish and share a contact number and email address which can be used for any business critical / emergency issues.

License & Restrictions

For the term set forth below and subject to these TOS, we grant you a limited, non-transferable, non-exclusive right to access and use our proprietary software products and related documentation (“Software”) found on the service for your internal business use only (collectively referred to as the “Service”).

Nothing contained in these TOS shall transfer or be deemed to transfer to you any rights in or to the Service other than those specifically stated herein. Nothing in these TOS obligates us to deliver or make available any copies of computer programs or code from the software to you, whether in object code or source code form.

The license granted to you includes basic support. Basic support refers the commercially reasonable efforts required to make the services available all the time except for

(a) planned downtime (downtime will be communicated to the customers prior to 8 hours)

(b) any unavailability caused by circumstances beyond our control including acts of government, natural calamities, internet service provider failures/delays, denial of service attacks, etc.,

(c) email support for “how to” problems,

(d) access to Synergita’s knowledgebase and manuals.

Intellectual Property

All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the website and application (including but not limited to, related software and including but not limited to any images, graphic, photographs, text and “applets,” incorporated into the software, and any copies of the software), are owned by Asteor Software Private Limited and its affiliates. The service marks and trademarks of Synergita, including without limitation the Synergita word and logo are service marks owned by Asteor Software Private Limited.

Payment Terms

Quarterly Terms: The terms subscription will get renewed automatically until the subscription is called. The invoice will be emailed to the customer contact every quarter (3 months) prior to the usage. The payments have to be made within 14 days from the date of invoice and in case of non-payment, service will be suspended. Payments shall be made in one of the modes given in the invoice. There will be no refunds if subscription is cancelled in the quarterly subscription.

Annual Terms: Annual subscription requires a minimum of 1 year commitment and the subscription will get renewed automatically every year until the subscription is cancelled. You can cancel the subscription by giving 60 days notice period. If service is cancelled in between a year, the annual rates will no longer apply and the difference between the annual and monthly subscription will be charged. Monthly subscription cost is 30% higher than annual subscription cost. The invoices have to be paid in 14 days from the date of invoice on failure of payment, the service will be suspended.

If the subscription is based on the count of employees, the invoice amount will be calculated by count of the maximum active users in the system at any point of time during a month. For example, if an employee account is deactivated in the middle of a month, the account will be charged for that month. In-case of annual terms, the additional cost due to increase in the count of employees during the course of year, will be included in the next invoice. If the increase in employee count is more than 10%, intermediate invoices will be raised.

All the charges mentioned are exclusive of taxes and any local taxes will have to be borne by customers.

Limitation of Liability

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR BREACH OF SECURITY WITH RESPECT TO YOUR DATA, LOSS OF BUSINESS INFORMATION AND OTHER PECUNIARY LOSS AND COSTS OR LEGAL EXPENSES) INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY, ARISING FROM OR RELATED TO THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION THE SERVICE, OR USE THEREOF, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S TOTAL LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY CLAIM OR DAMAGES UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH CLAIM OR DAMAGES. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING IS A REASONABLE ALLOCATION OF RISK.

Terms of Termination

Terms & conditions are effective from the data of subscription and until the date of cancellation. For quarterly subscription, you may cancel your subscription by providing a notice period of 30 days subscription at any time by emailing to support@synergita.com. For annual subscription, 60 days notice period is required for termination.

Upon termination, Synergita will retain your data to a maximum of 60 days for your backup purposes. Later to that, Synergita will remove the data from the server and destroy the data.

Other than the above procedure, these Terms and Conditions may be terminated immediately at any time with or without notice by Synergita in case of any material breach of any of the provisions of this Terms and Conditions by you. Synergita may terminate or suspend your right to use its web service and reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Disclaimer

Synergita doesn’t exercise any control over your internal processes in running your business and decisions related to employee management, termination, promotions, etc. You assume full responsibility for all the decisions with respect to your usage of services and at your own risk.

You understand that all information provided by you the use of our website and our application, are the sole responsibility of the person from whom such Content originated. Furthermore, the website may contain links to other websites, which are completely independent of SYNERGITA. SYNERGITA makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any Content on our website and our applications, that you may not rely on said Content, and that under no circumstances will SYNERGITA be liable in any way for 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 made available via our website.

You further understand and agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information that you transmit over the Internet. Synergita is not responsible for invalid destinations, transmission errors, or corruption, interception or security of user data. Synergita has no control over third party networks or sites that you may access in the course of use of the Website, and that delays and disruptions of other network transmissions are completely beyond the control of Synergita.

User information on the Website:

(a) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

(b) shall not be fraudulent or involve the sale of counterfeit or stolen items;

(c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

(d) shall not be false, inaccurate, incomplete or misleading;

(e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others;

(f) shall not be obscene, contain child pornography or other pornographic or indecent material; shall not impersonate another person or allow any other person or entity to use your identification to post or view comments;

(g) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service and

(h) shall not create liability for Synergita or cause Synergita to lose (in whole or in part) the services of its ISPs or other partners.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE, PERFORMANCE AND RESULTS OF THE SERVICE RESIDES WITH YOU AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY HARMFUL DATA OR CODE UPLOADED TO THE SERVICE BY YOU, YOUR EMPLOYEES OR CONTRACTORS. WE DO NOT WARRANT THAT OPERATION OF THE SERVICE IS ERROR-FREE OR THAT IT WILL BE UNINTERRUPTED.

Notices

All notices and other communications under this Terms and Conditions must be in writing, and must be mailed by registered or certified mail or any other form of communication [fax/email] to Asteor Software Private Limited at the address provided on the Website. Notice will be deemed to be served 24 hours after dispatch in case of a fax or an email and 4 days after dispatch in case of registered or certified mail.

Governing Laws and Disputes

The User and Synergita agree that the substantive laws of the Republic of India, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Terms and Conditions. The User and Synergita consent to the exclusive personal jurisdiction of and venue in a court located in Chennai, State of Tamil Nadu, India, for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of this Terms and Conditions or to the Site.

Miscellaneous Provisions

Severability – If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Confidential Information – Users agree to keep confidential any and all, business and technical information furnished by Synergita to them in the Site, to prevent disclosure, publication or dissemination and shall not use it for any purpose other than for the working of the Site.

Entire Agreement – This Terms and Conditions, including all Attachments hereto constitutes the entire agreement between the User and COMPANY with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.

Assignment – Neither of the Parties hereto shall be entitled to assign any of their rights, powers, obligations and/or duties hereunder without the prior written consent of the other Party.

No Agency – No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Terms and Conditions.

Language – All notices given under this Terms and Conditions shall be in English. If there is any inconsistency between any document and any version of the same document, the English version shall be deemed as definitive and authoritative.

Survival – The Clauses of this Terms and Conditions, which by nature are intended to survive termination of this Terms and Conditions shall remain in effect after such termination.

For any questions or comments regarding these Terms and Conditions, please contact us at support@synergita.com Last updated on June 30, 2016.