SUBSCRIBE-SOFTWARE PTY LTD (ABN:
86132590277) TERMS OF USE:
BY CLICKING START SUBSCRIPTION AND AGREEING
WITH THIS MASTER SUBSCRIPTION AGREEMENT, YOU
AUTHORISE THE FOLLOWING TERMS AND CONDITIONS
(THE "AGREEMENT") GOVERNING YOUR USE OF
“SUBSCRIBE-HR” ONLINE SERVICE, INCLUDING
OFFLINE COMPONENTS (COLLECTIVELY, THE
"SERVICE"). 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 TO THESE
TERMS AND CONDITIONS, IN WHICH CASE THE
TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH
ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY,
OR IF YOU DO NOT AGREE WITH THESE TERMS AND
CONDITIONS, YOU MUST SELECT THE "I DECLINE"
BUTTON AND MAY NOT USE THE SERVICE.
As part of the Service, Subscribe-HR will
provide you with use of the Service,
including a browser interface and data
encryption, transmission, access and
storage. Your registration for, or use of,
the Service shall be deemed to be your
agreement to abide by this Agreement
including any materials available on the
Subscribe-HR website incorporated by
reference herein, including but not limited
to Subscribe-HR privacy and security
policies.
The Service is offered in “Modules”:
Core Human Resource
Self Service
Recruitment
On-line Recruitment Portal
Developer
Integration
Workflow
Reporting
360 Degree and Employee Satisfaction
Surveys
Please see our website for feature
differences between the various modules. The modules for which you have subscribed
are outlined in the quotation you accepted.
Privacy & Security Subscribe-HRs' privacy and security
policies may be viewed at
www.subscribe-hr.com.au. Subscribe-HR
reserves the right to modify its privacy
and security policies in its reasonable
discretion from time to time. Note that
because the Service is a hosted, online
application, Subscribe-HR occasionally
may need to notify all users of the
Service (whether or not they have opted
out as described above) of important
announcements regarding the operation of
the Service.
License Grant & Restrictions Subscribe-HR hereby grants you a
non-exclusive, non-transferable,
worldwide right to use the Service,
solely for your own internal business
purposes, subject to the terms and
conditions of this Agreement. All rights
not expressly granted to you are
reserved by Subscribe-HR and its
licensors.
You may not access the Service if you
are 1. a direct competitor of Subscribe-HR
2. have affiliations with a direct
competitor or 3. have a financial interest with a
direct competitor except with Subscribe-HR's prior written
consent. In addition, you may not access
the Service for purposes of monitoring
its availability, performance or
functionality, or for any other
benchmarking or competitive purposes. Direct competitors include but are not
limited to: • Companies offering payroll services. • Companies offering HR and Time and
Attendance modules. You shall not (i) License, sub-license,
sell, resell (unless authorised),
transfer, assign, distribute or
otherwise commercially exploit or make
available to any third party the Service
or the Content in any way; (ii) modify
or make derivative works based upon the
Service or the Content; (iii) create
Internet "links" to the Service or
"frame" or "mirror" any Content on any
other server or wireless or
Internet-based device; or (iv) reverse
engineer or access the Service in order
to (a) build a competitive product or
service, (b) build a product using
similar ideas, features, functions or
graphics of the Service, or (c) copy any
ideas, features, functions or graphics
of the Service. User Licenses cannot be
shared or used by more than one
individual User but may be reassigned
from time to time to new Users who are
replacing former Users who have
terminated employment or otherwise
changed job status or function and no
longer use the Service. You may use the Service only for your
internal business purposes and shall
not: (i) send spam or otherwise
duplicative or unsolicited messages in
violation of applicable laws; (ii) send
or store infringing, obscene,
threatening, libellous, or otherwise
unlawful or tortious material, including
material harmful to children or
violative of third party privacy rights;
(iii) send or store material containing
software viruses, worms, Trojan horses
or other harmful computer code, files,
scripts, agents or programs; (iv)
interfere with or disrupt the integrity
or performance of the Service or the
data contained therein; or (v) attempt
to gain unauthorised access to the
Service or its related systems or
networks. Subscribe-HR reserves the
right to limit the number of API calls
made per user per day to prevent abuse
of service.
Your Responsibilities You are responsible for all activity
occurring under your User accounts and
shall abide by all applicable local,
state, national and foreign laws,
treaties and regulations in connection
with your use of the Service, including
those related to data privacy,
international communications and the
transmission of technical or personal
data. You shall: (i) notify Subscribe-HR
immediately of any unauthorised use of
any password or account or any other
known or suspected breach of security;
(ii) report to Subscribe-HR immediately
and use reasonable efforts to stop
immediately any copying or distribution
of Content that is known or suspected by
you or your Users; and (iii) not
impersonate another Subscribe-HR user or
provide false identity information to
gain access to or use the Service.
Account and Information Subscribe-HR does not own any data,
information or material that you submit
to the Service in the course of using
the Service ("Customer Data"). You, not
Subscribe-HR, shall have sole
responsibility for the accuracy,
quality, integrity, legality,
reliability, appropriateness, and
intellectual property ownership or right
to use of all Customer Data, and
Subscribe-HR shall not be responsible or
liable for the deletion, correction,
destruction, damage, loss or failure to
store any Customer Data. In the event
this Agreement is terminated (other than
by reason of your breach), Subscribe-HR
will make available to you a file of the
Customer Data within 30 days of
termination if you so request at the
time of termination. Subscribe-HR
reserves the right to withhold, remove
and/or discard Customer Data with 30 days
notice for any breach, including,
without limitation, your non-payment.
Upon termination for cause, your right
to access or use Customer Data
immediately ceases, and Subscribe-HR
shall have no obligation to maintain or
forward any Customer Data unless it is specifically requested by you in writing.
Intellectual Property Ownership Subscribe-HR alone (and its licensors,
where applicable) shall own all right,
title and interest, including all
related Intellectual Property Rights, in
and to the “Subscribe-HR Technology”,
the Content and the Service and any
suggestions, ideas, enhancement
requests, feedback, recommendations or
other information provided by you or any
other party relating to the Service.
This Agreement is not a sale and does
not convey to you any rights of
ownership in or related to the Service,
the Subscribe-HR Technology or the
Intellectual Property Rights owned by
Subscribe-HR. The Subscribe-HR name, the Subscribe-HR
logo, and the product names associated
with the Service are trademarks of
Subscribe-HR or third parties, and no
right or License is granted to use them.
Backups Backups are performed on a daily basis.
Subscribe-HR performs 3 Back-up
processes each day. Data is backed up
and stored off-site in a specialised
secure, data warehouse facility. Data is
also backed up onsite in our Tier-1 Data
Facility. Data is also securely backed
up onsite at the Subscribe-HR Head
office.
Third
Party Interactions During use of the Service, you may enter
into correspondence with, purchase goods
and/or services from, or participate in
promotions of advertisers or sponsors
showing their goods and/or services
through the Service. Any such activity,
and any terms, conditions, warranties or
representations associated with such
activity, is solely between you and the
applicable third-party. Subscribe-HR and
its licensors shall have no liability,
obligation or responsibility for any
such correspondence, purchase or
promotion between you and any such
third-party. Subscribe-HR does not
endorse any sites on the Internet that
are linked through the Service.
Subscribe-HR provides these links to you
only as a matter of convenience, and in
no event shall Subscribe-HR or its
licensors be responsible for any
content, products, or other materials on
or available from such sites.
Subscribe-HR provides the Service to you
pursuant to the terms and conditions of
this Agreement. You recognize, however,
that certain third-party providers of
ancillary software, hardware or services
may require your agreement to additional
or different License or other terms
prior to your use of or access to such
software, hardware or services.
Charges and Payment of Fees You shall pay all fees or charges to your account in accordance with the fees,
charges, and billing terms in effect at the time a fee or charge is due and payable.
Payments must be made Monthly, Quarterly or Annually in advance unless otherwise
mutually agreed upon in an Order Form. Tailored
subscriptions can also be requested. All payment obligations are non-cancellable and
all amounts paid are non-refundable. You are responsible for paying for all “User
Licenses” and employee record fees and ordered for the entire License Term,
whether or not such User Licenses are actively used. You must provide Subscribe-
HR with valid credit card or approved purchase order information as a condition to
signing up for the Service. An authorised License Administrator may add Licenses by
executing an additional written Order Form. Added Licenses
will be subject to the following: (i) added Licenses will be coterminous with the preexisting
License Term (either Initial Term or renewal term); (ii) the License fee for the
added Licenses will then be concurrent, to the applicable License fee; and (iii)
Licenses added in the middle of a billing month will be charged in full for that billing
month. Subscribe-HR reserves the right to modify its fees and charges over and
above ACPI (Australian Consumer Price Index) and to introduce new charges at any
time, upon at least 30 days prior notice to you, which notice may be provided by email.
All pricing terms are confidential, and you agree not to disclose them to any
third party. Charges are calculated based on employee numbers. Price increases
occur when employee bands are crossed. All subscription fees will be subject to
annual ACPI (Australian Consumer Price Index) variations, as published by the
Australian Bureau of Statistics, on the anniversary of your initial subscription.
Excess Data Storage Fees The maximum disk storage space provided
to you at no additional charge is 1 GB.
If the amount of disk storage required
exceeds these limits, you will be
charged the then-current storage fees.
Subscribe-HR will use reasonable efforts
to notify you when the average storage
per system reaches approximately 85% of
the maximum; however, any failure by
Subscribe-HR to notify you shall not
affect your responsibility for such
additional storage charges. Subscribe-HR
reserves the right to establish or
modify its general practices and limits
relating to storage of Customer Data.
Additional Storage space can be
purchased at a rate of 1GB = $5.00 AUD
per month. Minimum Purchase = 2GB.
Billing and Renewal Subscribe-HR charges and collects in
advance for use of the Service.
Subscribe-HR will automatically renew
and bill your credit card or issue an
invoice to you each year on the
subsequent anniversary or as otherwise
mutually agreed upon. The renewal charge
will be equal to the then-current number
of total User Licenses times the License
fee in effect during the prior term,
unless Subscribe-HR has given you at
least 30 days prior written notice of a
fee increase, which shall be effective
upon renewal and thereafter. Fees for
other services will be charged on an
as-quoted basis. Subscribe-HR's fees are
exclusive of all taxes, levies, or
duties imposed by taxing authorities,
and you shall be responsible for payment
of all such taxes, levies, or duties.
(All prices are exclusive of GST). You agree to provide Subscribe-HR with
complete and accurate billing and
contact information. This information
includes your legal company name, ABN
for “Australian Customers”, street
address, e-mail address, and name and
telephone number of an authorised
billing contact and License
Administrator. You agree to update this
information within 30 days of any change
to it.
If the contact information you have
provided is false or fraudulent,
Subscribe-HR reserves the right to
terminate your access to the Service in
addition to any other legal remedies.
Unless Subscribe-HR in its discretion
determines otherwise: (i) entities with
headquarters and a majority of users
resident in the Australia will be billed
in Australian dollars and subject to
Australian payment terms and pricing
schemes ("Australian Customers"); (ii)
entities with headquarters and a
majority of users resident in the US
will be billed in US Dollars and (iii)
all other entities will be billed in
Euros or local currency and be subject
to either Australian or non-Australian
payment terms and pricing schemes at the
discretion of Subscribe-HR. If you believe your bill is incorrect,
you must contact us in writing within 15
days of the invoice date of the invoice
containing the amount in question to be
eligible to receive an adjustment or
credit.
Non-Payment and Suspension In addition to any other rights granted
to Subscribe-HR herein, Subscribe-HR
reserves the right to suspend or
terminate this Agreement and your access
to the Service if your account becomes
delinquent (falls into arrears). You
will continue to be charged for User
Licenses during any period of
suspension. If you or Subscribe-HR
initiates termination of this Agreement,
you will be obligated to pay the balance
due on your account. Subscribe-HR
reserves the right to impose a
reconnection fee in the event you are
suspended and thereafter request access
to the Service. You agree and
acknowledge that Subscribe-HR has no
obligation to retain Customer Data and
that such “Customer Data” may be
irretrievably deleted if your account is
14 days or more delinquent.
Termination upon Expiration/Reduction in
Number of Licenses This Agreement commences on the
“Effective Date”. For all other Modules,
the Initial Term will be as you elect
during the online subscription process
or as otherwise mutually agreed upon in
an “Order Form”, commencing on the date
you agree to pay for the Service by
completing the online subscription form,
or on the start date of the Order Form.
Upon the expiration of the Initial Term,
this Agreement will automatically renew
for successive renewal terms equal in
duration to the Initial Term (or one
year, if the Initial Term is greater
than one year) at Subscribe-HRs then
current fees. Either party may terminate
this Agreement or reduce the number of
Licenses, effective only upon the
expiration of the then current License
Term, by notifying the other party in
writing at least five (30) business days
prior to the date of the invoice for the
following term. In the case of free
trials, notifications provided through
the Service indicating the remaining
number of days in the free trial shall
constitute notice of termination. In the
event this Agreement is terminated
(other than by reason of your breach),
Subscribe-HR will make available to you
a file of the “Customer Data” within 30
days of termination if you so request at
the time of termination. You agree and
acknowledge that Subscribe-HR has no
obligation to retain the “Customer
Data”, and may delete such “Customer
Data”, more than 30 days after
termination. You agree and acknowledge
that Subscribe-HR has no obligation to
retain the Customer Data, and may delete
such Customer Data, if you have
materially breached this Agreement,
including but not limited to failure to
pay outstanding fees, and such breach
has not been cured within 30 days of
notice of such breach.
Representations & Warranties Each party represents and warrants that
it has the legal power and authority to
enter into this Agreement. Subscribe-HR
represents and warrants that it will
provide the Service in a manner
consistent with general industry
standards reasonably applicable to the
provision thereof and that the Service
will perform substantially in accordance
with the online Subscribe-HR help
documentation under normal use and
circumstances. You represent and warrant
that you have not falsely identified
yourself nor provided any false
information to gain access to the
Service and that your billing
information is correct.
Mutual Indemnification You shall indemnify and hold
Subscribe-HR, its licensors and each
such party's parent organisations,
subsidiaries, affiliates, officers,
directors, employees, lawyers and agents
harmless from and against any and all
claims, costs, damages, losses,
liabilities and expenses (including
legal fees and costs) arising out of or
in connection with: (i) a claim alleging
that use of the Customer Data infringes
the rights of, or has caused harm to, a
third party; (ii) a claim, which if
true, would constitute a violation by
you of your representations and
warranties; or (iii) a claim arising
from the breach by you or your Users of
this Agreement, provided in any such
case that Subscribe-HR (a) gives written notice of the claim
promptly to you; (b) gives you sole
control of the defence and settlement of
the claim (provided that you may not
settle or defend any claim unless you
unconditionally release Subscribe-HR of
all liability and such settlement does
not affect Subscribe-HR business or
Service); (c) provides to you all
available information and assistance;
and (d) has not compromised or settled
such claim. Subscribe-HR shall indemnify
and hold you and your parent
organisations, subsidiaries, affiliates,
officers, directors, employees,
attorneys and agents harmless from and
against any and all claims, costs,
damages, losses, liabilities and
expenses (including legal' fees and costs)
arising out of or in connection with: (i)
a claim alleging that the Service
directly infringes a copyright, an
Australian patent issued as of the
Effective Date, or a trademark of a
third party; (ii) a claim, which if
true, would constitute a violation by
Subscribe-HR of its representations or
warranties; or (iii) a claim arising
from breach of this Agreement by
Subscribe-HR; provided that you (a)
promptly give written notice of the
claim to Subscribe-HR; (b) give
Subscribe-HR sole control of the defence
and settlement of the claim (provided
that Subscribe-HR may not settle or
defend any claim unless it
unconditionally releases you of all
liability); (c) provide to Subscribe-HR
all available information and
assistance; and (d) have not compromised or settled such claim.
Subscribe-HR shall have no
indemnification obligation, and you
shall indemnify Subscribe-HR pursuant to
this Agreement, for claims arising from
any infringement arising from the
combination of the Service with any of
your products, service, hardware or
business process(s).
Disclaimer of Warranties SUBSCRIBE-HR AND ITS LICENSORS MAKE NO
REPRESENTATION, WARRANTY, OR GUARANTY AS
TO THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY, TRUTH, AVAILABILITY,
ACCURACY OR COMPLETENESS OF THE SERVICE
OR ANY CONTENT. SUBSCRIBE-HR AND ITS
LICENSORS DO NOT REPRESENT OR WARRANT
THAT (A) THE USE OF THE SERVICE WILL BE
SECURE, TIMELY, UNINTERRUPTED OR
ERROR-FREE OR OPERATE IN COMBINATION
WITH ANY OTHER HARDWARE, SOFTWARE,
SYSTEM OR DATA, (B) THE SERVICE WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(C) ANY STORED DATA WILL BE ACCURATE OR
RELIABLE, (D) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, (E) ERRORS
OR DEFECTS WILL BE CORRECTED, OR (F) THE
SERVICE OR THE SERVER(S) THAT MAKE THE
SERVICE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THE SERVICE
AND ALL CONTENT IS PROVIDED TO YOU
STRICTLY ON AN "AS IS" BASIS. ALL
CONDITIONS, REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, ARE HEREBY
DISCLAIMED TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW BY
SUBSCRIBE-HR AND ITS LICENSORS.
Internet Delays SUBSCRIBE-HR'S SERVICES MAY BE SUBJECT
TO LIMITATIONS, DELAYS, AND OTHER
PROBLEMS INHERENT IN THE USE OF THE
INTERNET AND ELECTRONIC COMMUNICATIONS.
SUBSCRIBE-HR IS NOT RESPONSIBLE FOR ANY
DELAYS, DELIVERY FAILURES, OR OTHER
DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability IN NO EVENT SHALL EITHER PARTY'S
AGGREGATE LIABILITY EXCEED THE AMOUNTS
ACTUALLY PAID BY AND/OR DUE FROM YOU IN
THE TWELVE (12) MONTH PERIOD IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO SUCH
CLAIM. IN NO EVENT SHALL EITHER PARTY
AND/OR ITS LICENSORS BE LIABLE TO ANYONE
FOR ANY INDIRECT, PUNITIVE, SPECIAL,
EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR
OTHER DAMAGES OF ANY TYPE OR KIND
(INCLUDING LOSS OF DATA, REVENUE,
PROFITS, USE OR OTHER ECONOMIC
ADVANTAGE) ARISING OUT OF, OR IN ANY WAY
CONNECTED WITH THIS SERVICE, INCLUDING
BUT NOT LIMITED TO THE USE OR INABILITY
TO USE THE SERVICE, OR FOR ANY CONTENT
OBTAINED FROM OR THROUGH THE SERVICE,
ANY INTERRUPTION, INACCURACY, ERROR OR
OMISSION, REGARDLESS OF CAUSE IN THE
CONTENT, EVEN IF THE PARTY FROM WHICH
DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S
LICENSORS HAVE BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Additional Rights Certain states and/or jurisdictions do
not allow the exclusion of implied
warranties or limitation of liability
for incidental, consequential or certain
other types of damages, so the
exclusions set forth above may not apply
to you.
Local Laws and Export Control Subscribe-HR and its licensors make no
representation that the Service is
appropriate or available for use in
other locations. If you use the Service
from outside Australia, you are solely
responsible for compliance with all
applicable laws, including without
limitation export and import regulations
of other countries. Any diversion of the
Content contrary to Australian law is
prohibited. None of the Content, nor any
information acquired through the use of
the Service, is or will be used for
nuclear activities, chemical or
biological weapons, or missile projects,
unless specifically authorised by the
Australian, United States government or
appropriate European body for such
purposes.
Notice Subscribe-HR may give notice by means of
a general notice on the Service,
electronic mail to your e-mail address
on record in Subscribe-HR account
information, or by written communication
sent by first class mail or pre-paid
post to your address on record in
Subscribe-HR account information. Such
notice shall be deemed to have been
given upon the expiration of 48 hours
after mailing or posting (if sent by
first class mail or pre-paid post) or 12
hours after sending (if sent by email).
You may give notice to Subscribe-HR
(such notice shall be deemed given when
received by Subscribe-HR) at any time by
any of the following: letter sent by
confirmed facsimile to Subscribe-HR at
the following fax numbers (whichever is
appropriate): 1300 543 544 for customers
in Australia or info@subscribe-hr.com.au
for those outside Australia.
Modification of Terms Subscribe-HR reserves the right to seek to modify the terms and conditions of this agreement or its policies relating to the Service with 30 Days prior notice and in consultation with you.
Assignment; Change in Control This Agreement may not be assigned by
you without the prior written approval
of Subscribe-HR but may be assigned
without your consent by Subscribe-HR to
(i) a parent or subsidiary, (ii) an
acquirer of assets, or (iii) a successor
by merger. Any purported assignment in
violation of this section shall be void.
Any actual or proposed change in control
of you that results or would result in a
direct competitor of Subscribe-HR
directly or indirectly owning or
controlling 50% or more of you shall
entitle Subscribe-HR to terminate this
Agreement for cause immediately upon
written notice.
General No text or information set forth on any
other purchase order, pre-printed form
or document (other than an Order Form,
if applicable) shall add to or vary the
terms and conditions of this Agreement.
If any provision of this Agreement is
held by a court of competent
jurisdiction to be invalid or
unenforceable, then such provision(s)
shall be construed, as nearly as
possible, to reflect the intentions of
the invalid or unenforceable provision(s),
with all other provisions remaining in
full force and effect. No joint venture,
partnership, employment, or agency
relationship exists between you and
Subscribe-HR as a result of this
agreement or use of the Service. The
failure of Subscribe-HR to enforce any
right or provision in this Agreement
shall not constitute a waiver of such
right or provision unless acknowledged
and agreed to by Subscribe-HR in
writing. This Agreement, together with
any applicable Order Form, comprises the
entire agreement between you and
Subscribe-HR and supersedes all prior or
contemporaneous negotiations,
discussions or agreements, whether
written or oral, between the parties
regarding the subject matter contained
herein.
Definitions As used in this Agreement and in any
Order Forms now or hereafter associated
herewith: "Agreement" means these online terms of
use, any Order Forms, whether written,
and any materials available on the
Subscribe-HR website specifically
incorporated by reference herein, as
such materials, including the terms of
this Agreement, may be updated by
Subscribe-HR from time to time in its
sole discretion; "Content" means the audio and visual
information, documents, software,
products and services contained or made
available to you in the course of using
the Service; "Customer Data" means any
data (including Applicant Resumes),
information or material provided or
submitted by you to the Service in the
course of using the Service; "Effective Date" means the earlier of the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date you begin using the Service or the date you confirm verbally or in writing that you want to proceed with the subscription;
"Initial Term" means the initial period
during which you are obligated to pay
for the Service equal to the billing
frequency selected by you during the
subscription process (e.g., if the
billing frequency is quarterly, the
Initial Term is the first quarter); "Intellectual Property Rights" means
unpatented inventions, patent
applications, patents, design rights,
copyrights, trademarks, service marks,
trade names, domain name rights, mask
work rights, know-how and other trade
secret rights, and all other
intellectual property rights,
derivatives thereof, and forms of
protection of a similar nature anywhere
in the world; “Modules” The Subscribe-HR Software is
offered in different modules. Customers
may subscribe to one or more module.
Customers will only pay for the modules
for which they subscribe and which
appear on the invoice for payment. "Super User(s)" means those Users
designated by you who are authorised to
purchase Licenses or additional modules
by executing written Order Forms and to
create User accounts and otherwise
administer your use of the Service; "License Term(s)" means the period(s)
during which a specified number of Users
are Licensed to use the Service pursuant
to the Order Form(s); "Order Form(s)" means the form
evidencing the initial subscription for
the Service and any subsequent order
forms submitted online or in written
form, specifying, among other things,
the number of Licenses and other
services contracted for, the applicable
fees, the billing period, and other
charges as agreed to between the
parties, each such Order Form to be
incorporated into and to become a part
of this Agreement (in the event of any conflict
between the terms of this Agreement and
the terms of any such Order Form, the
terms of this Agreement shall prevail);
" Subscribe-HR " means collectively
Subscribe-Software Pty Ltd ABN: 86 132
590 277 and its’ subsidiaries, having
its principal place of business at “Gold
Fields House. Level 5, 1 Alfred Street,
Sydney NSW 2000; " Subscribe-HR Technology" means all of
Subscribe-HR proprietary technology
(including software, hardware, products,
processes, algorithms, user interfaces,
know-how, techniques, designs and other
tangible or intangible technical
material or information) made available
to you by Subscribe-HR in providing the
Service; "Service(s)" means the specific edition
of Subscribe-HR services identified
during the ordering process, developed,
operated, and maintained by
Subscribe-HR, accessible via
www.subscribe-hr.com.au or
www.subscribe-hr.com or another
designated web site or IP address, or
ancillary online or offline products and
services provided to you by
Subscribe-HR, to which you are being
granted access under this Agreement,
including the Subscribe-HR Technology
and the Content; "User(s)" means your employees,
representatives, consultants,
contractors or agents who are authorised
to use the Service and have been
supplied user identifications and
passwords by you (or by
www.subscribe-hr.com.au or
www.subscribe-hr.com at your request)
Support Support issues (How to) will be
responded to based on the Level of
Support that has been Subscribed to
(Gold or Gold+). We keep benchmark data
to ensure we adhere to our support
responsibilities. If down
time occurs, our Hosting Partners will
endeavour to rectify the issue as
quickly as possible. Our Apps reside in
a Tier-1 data facility which has 99.99%
uptime guarantee.
