BY LOGGING ON USING YOUR EMAIL AND PASSWORD, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF THE “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, 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, DO NOT LOGIN.
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/Solutions”:
e-Recruitment (including online Recruitment Portal and Jobs Board).
Employee Onboarding & Offboarding.
Employee Core-HR (Human Resource).
Employee Self-Service.
Team Dashboards.
Performance Management.
Payroll Partners.
Employee Surveys / Digital Forms.
HR Metrics & Reporting.
HR Push Notifications & Workflow.
Change Your System.
Integration - Payroll + ERP.
Build Your Own HR Tech.
***Please see our website for feature differences between the various solutions/modules.
Subscribe-HR's 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.
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:
A direct competitor of Subscribe-HR.
Have affiliations with a direct competitor, or
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.
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national, 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. You must use your best endeavours to inform Subscribe-HR of changes to key project personnel who are involved in the initial implementation and System Administrators (SA) post implementation for the purpose of Subscribe-HR providing a Transition Service to these new users, including mandatory training, to ensure continue best practice use of Subscribe-HR in-line with any customisations and configurations that are specific to your system. Delays may result in additional charges for training and project time. Putting the project on hold, either formally in writing or by not attending project meetings for more than 4 weeks will attract additional charges to restart the project. The charges will include project review time, meeting time, attending to correspondence and reconfiguration if required.
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. Charges may apply if extraction of the data is to be performed by us and requires backend access. 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.
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 are performed on a daily basis. Subscribe-HR performs 2 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-3 Data Facility.
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 recognise, 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. If Subscribe-HR provides a third party plugin into the Subscribe-HR, the third-party provider us responsible for the service and support of that product unless otherwise stated. Subscribe-HR may invoice for these services in some circumstances. Subscribe-HR may provide first level support for some of these third-party offerings.
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. All fees and charges are payable from the date the Order Form is signed, or you on the date agreed in writing by the parties to start your subscription. The Charges and Fees may include Subscription (For Active and Inactive Employees), Support, Set-up and Disk Space. The subscription fee paid is for you to access the system irrespective of usage. All fees and charges will start on the “contract signing date” this agreement was entered. Subscription and Support payments must be made Annually in advance unless otherwise mutually agreed upon in the Order Form. Implementation and Setup fees are also payable in advance. All subscriptions are annual subscriptions, irrespective of the billing cycle (annual, quarterly or monthly) agreed on the Order Form. The setup fees are an estimate only and are subject to variation. All payment obligations are non-cancellable and all amounts paid are non-refundable. You are responsible for paying for all “ User Licences” “Administrator User Licenses” and active and inactive employee record fees for the entire License Term, whether or not such User Licenses are actively used. Payment of the subscription fees entitles you to up to 5 Administrator licences. 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 pre-existing 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 e-mail. Any such proposed increases will be negotiated between the parties. Reasonable increases cannot be rejected. All pricing terms are confidential, and you agree not to disclose them to any third party. Charges are calculated based on employee numbers (Records) for both active and inactive employees. Price increases occur when employee bands are crossed if quoted on that basis. All subscription fees will be subject to annual ACPI (Australian Consumer Price Index) variations, as published by the Australian Bureau of Statistics, on the first anniversary of the subscription and on every anniversary thereafter. Subscribe-HR reserves the right to levy additional support fees (up to a maximum of $1.50/employee/month) if customisation requested leads to additional support being required. Equally, if Subscribe-HR determines from evidence contained in our support software that your usage of support is consistently above average for the size of your business and the applications you are using, we reserve the right to negotiate an additional fee component. A proposed increase based on evidence provided cannot be unreasonably rejected.
SMS Charges are 14c Per SMS. SMS Charges and Gap Invoices will need to be paid by Credit Card, or if the fee is too high, by Invoice. Any currency conversions are subject to change based on point in time conversion rates. Unused SMS cannot be refunded. There is a No Refund Policy on SMS's.
Customers that start with less than 50 employees, upon growing and crossing the 50 employee mark, will be charged for a minimum of 50 records from that point forward, even if the number of records drops below 50 thereafter.
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 of your system reaches approximately 85% of your free allocation; your free allocation has been quoted to you in your pricing document. 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 modify limits relating to storage of Customer Data. Additional Storage space can be purchased at the rate applicable at the time. In order to optimise data storage we will only keep emails generated by the system for up to 6 months. Emails older than 6 months will be archived. Retrieval of archived emails will attract fees. These will be determined on a case-by-case base to a maximum $ 2,000.00 per case. Data deleted by administrators or other users that require technical intervention to retrieve will attract a cost depending on the extent of the deletion(s). The cost will be determined and quoted for on a case-by-case basis. Data accidentally deleted by administrators, needs to be reported to our help desk straight away. Time is of the essence.
Subscribe-HR charges and collects fees 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 records in the system just prior to anniversary (contract signing date). 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. You will be invoiced for both active and non-active employees (records) at the rate defined in the Order Form signed by you or the current rate whichever is applicable. The information on active and non-active employees as well and disk space usage will be available in the billing area of the system. This will be the source of truth for that information and it will be used for invoice purposes. Dummy employees set up by our administrators for the purpose of testing some of the functionality of the system will be excluded from those numbers and not invoiced. If you set-up test records these will be charged at the same rate as an Active Employee Record. It is up to you to maintain these records.
If you subscribe to the recruitment module only you will need to provide active employee numbers on monthly or quarterly basis to Subscribe-HR. These numbers will be used for invoice purposes. The numbers must be correct and verifiable. Subscribe-HR reserves the right to request payroll reports to verify those numbers. Any fraudulent activity will be treated seriously.
You are the owner of the data in the system. It is your sole responsibility to manage the data in the system. Subscribe-HR will not delete any data under any circumstances except to purge the data if the agreement is terminated.
If data is deleted accidentally by you, Subscribe-HR must be informed in writing immediately the event has occurred. The retrieval of the data will require a signed service order. The cost of retrieval will range between 2 hours and 1 day at the hourly rate specified in the initial signed order form and/or defined in the pricing document.
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 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 NZ will be billed in NZ 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.
Subscribe-HR reserves the right to charge for hours that are gifted or offered free during the project implementation phase if the customer decides to terminate the project for any reason other than; negligence on the part of Subscribe-HR or their unwillingness to reasonably co-operate. Service order(s) marked as “Free” or emails identifying what was done and the time taken or estimate to complete free / gifted time, will be used to calculate the payment. Failure to pay the invoice will constitute a breach.
Delays to project delivery by either party will not constitute a material cause for the Licensor (Subscribe-HR) to seek additional payments from the Licensee (Customer). Equally such delays will not constitute a material cause for non-payment by the Licensee of outstanding invoices or to seek discount on fees agreed by the parties in the order form.
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 by more than 30 days after the payment due date). You will continue to be charged at the same rate 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 and/or your system automatically deactivated if your account is 30 days or more delinquent.
This Agreement commences on the “contract signing date” including the payment for the services you have agreed to proceed with in the order form. For all Modules you have subscribed to use, the Initial Term will be for 12 months minimum or as otherwise mutually agreed upon in the “Order Form”, commencing on the “contract signing date”. No refund is due to you if you terminate your Subscription or Subscribe-HR Terminates the subscription. There are no exceptions. Subscribe-HR will notify you via e-mail at least 90 days before the expiry of the initial terms. Upon the expiration of the Initial Term, this Agreement will automatically renew for another term equivalent to the initial term at the anniversary of signing the order form (contract signing date). Either party may terminate this Agreement effective only upon the expiration of the initial term, by notifying the other party in writing at least ninety (90) days prior to the Anniversary of the Contract Signing Date. Time is of the essence. Any variations to the 90-days termination notice must be agreed by both parties in writing. The termination Notice period applies to the anniversary date (contract signing date) not the billing cycle. If you fail to provide the 90-days termination notice prior to the anniversary date of the subscription (Contract) you will need to pay the equivalent of the initial term in full. If you have signed for an "Initial Term", of three years for example, you will need to pay out the entire term of the agreement if you decide to terminate at any time during that term. This applies equally when the "Initial Term" is renewed for the same period. The final invoice will be based on the records (Active and Inactive) shown in the billing module on the month prior to the date of termination or the number stated in the "Order Form", whichever is the highest. Wholesale deletion of employee records by you will have no bearing on the amount invoiced and may constitute a breach of security. If employee records are deleted by you, we reserve the right to seek your payroll record summaries to verify the number of active employees employed by you at any time for invoicing purposes.
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 90 days after termination. Charges may apply if data needs to be extracted from the system by us. 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 90-days of notice of such breach.
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.
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 Contract Signing 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).
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.
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.
NO REFUND IS DUE IF EITHER PARTY TERMINATES THIS AGREEMENT FOR WHATEVER REASON. THE LICENSOR WILL CONTINUE TO HAVE ACCESS TO THE SYSTEM FOR THE PERIOD FEES HAVE BEEN PAID UNLESS OTHERWISE AGREED IN WRITTING. 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.
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.
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.
System Administrators will receive an automated e-mail to your e-mail address 90-days before the expiry of the initial term. The Activation Hub in your system contains the anniversary date of the subscription and is accessible to all system administrators (SA). It is up to administrators to track the anniversary date to ensure all notice periods are complied with. 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 must give notice to Subscribe-HR to an email address with the following extension @subscribe-hr.com.au (such notice shall be deemed given when received by Subscribe-HR in their mail server inbox and the receipt is confirmed by Subscribe-HR in a return email to the sender).
Subscribe-HR reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service with 30-days notice.
Both parties agree that, should a dispute between the parties arise, the following procedures will be actioned before terminating the agreement:
Contact the other party to outline the issue and their concerns and provide a list of issues that need addressing in writing.
Set up a meeting with the other party to discuss the issue.
At the meeting both parties need to outline their position.
Each party will endeavour to work in a co-operative way to resolve the issue and be reasonable in their approach.
Should the parties fail to agree at the meeting about how to resolve the issue a 30-day cooling off period will apply. During that period the parties may still communicate with each other and continue to work with each other to complete projects started.
The parties may appoint a mediator acceptable to both parties to assist in resolving the dispute.
This agreement is governed by and will be construed in accordance with the laws of New South Wales and each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.
This Agreement may not be assigned by you without the prior written approval of Subscribe-HR but may be assigned by Subscribe-HR with a 90-day prior notice to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any such assignment will not be unreasonably withheld. 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.
No text or information set forth on any other purchase order, service level agreement, 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.
Subscribe-HR releases Applications (APPS) into the system. Each APP can be customised by each customer based on specific requirements. This customisation can be done by the customer or Subscribe-HR using the Subscribe-HR IDE tool (JavaScript). If any customisation is performed the APP will then not have any standard releases / updates overlaid within the APP. If you customise your APP it will be tagged as such, and thus will not receive new updates. If you require a new standard feature within the specific APP, it may conflict with your customisation. Subscribe-HR reserves the right to charge for the update to be performed to ensure conflicts are resolved. A quote will be provided for this work and will require a Service Order to be signed. If you choose to take the update and overlay it without performing the relevant testing, Subscribe-HR does not take any responsibility for the performance of the APP and its impact on the system. Please note: Standard Code is updated by Subscribe-HR and will not be affected by APP Releases. APPS may be charged at 50 cents per APP. Payroll connectors are APPS also. They will be charged per connector. Payroll connectors are charged as a one-off fee.
Subscribe-HR Security policy is available on request. The purpose of the policy is to ensure that your data is safe and secure. Subscribe-HR is insured in the event of a cyber security breach. A certificate of currency can be provided on request. We reserve the right to request documentation from you to verify that you have security policies and procedures in place to prevent data breaches and comply with Australian Legislation. We reserve the right to temporarily deactivate the system should we form the opinion that there is a potential risk of a breach irrespective of the source of that breach, internal or external. We will communicate our actions to you in writing and co-operate to reactivate the system once we form the view that it is safe to do so. It is a breach of security for any user to delete data wilfully and knowingly, in particular employee records- single or multiple, without informing Subscribe-HR in writing prior to the deletion, stating the purpose, timing and authoriser. We reserve the right to request this information for audit purposes and to invoice you for any data restauration. Should additional premiums be levied by our insurers if they form the view that the deletion constitutes a potential data-breach we reserve the right to recover those costs.
As used in this Agreement and in any Order Forms now or hereafter associated herewith:
“Customer(s)” means an entity who has agreed to pay for the subscription as per the terms outlined in this document. The use of “you” and/or “they” refers to the customer.
"Agreement" means these online terms of use, any Order Forms 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;
"Order Form(s)" means the New Sale Authorisation Form signed and dated by you 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 Users and employee records 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 becomes 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);
"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; All data is stored in Australia and subject to Australian Laws;
"Order Form" means the New Sale Authorisation Form signed by you that commits you to the terms of this agreement.
"Contract Signing Date" means the date the New Sale Authorisation Form (Order Form) is signed.
“Anniversary date” means the anniversary of the signing of the order form. The anniversary occurs on the “Contract Signing Date”
"Initial Term" means the term period stated in the signed order form which obligates you to pay for the Service. The minimum Initial Term is 12 months. If you are signing for a specified period over 12 months, as outlined in the Order Form signed by you, you agree that you are committed to pay the full amount invoiced to you for that period ( Signing for 3 years means you commit to pay for 3 years);
“ Subscription” means annual Subscription payable in advance at signing of the Order Form and at the anniversary of the subscription. All subscriptions are annual irrespective of payment arrangements and payment cycles.
"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/Solutions” means the Subscribe-HR Software is offered in different modules/solutions. Customers may subscribe to one or more module. Customers will only pay for the modules/solutions for which they subscribe and which appear on the invoice for payment. If modules/solutions are bundled in the pricing and a discount is offered on list price as published from time to time on our web site, unsubscribing to one module will revert to full price of the remaining modules or module;
"Authorisers" means those Users who are designated by you to have the authority to purchase Services or additional modules by executing written Order Forms and to create User accounts and otherwise administer your use of the Service; Anyone who signs an order form will be assumed by us to have the authority to do so. Once the order form is signed all users authorised by you to access the system are bound by the terms of the agreement irrespective of whether or not they have read it. It is your responsibility to ensure that these users are aware of the terms and they have read them. The terms are available on the system login page. https://www.subscribe-hr.com/cb/app/hr/
"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);
"Subscribe-HR" means collectively Subscribe-Software Pty Ltd ABN: 86 132 590 277 and its’ subsidiaries, having its principal place of business at “Suite 5G, Gallery Level, Springetts Arcade, 302-306, Bong Bong Street, Bowral, NSW, 2576, Australia;
"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);
“Usage” means having access to the system modules once the first invoice has been paid irrespective of the frequency of use or whether it is used by employees via self-service or if you have gone live or not with any of the module(s) covered by your subscription.
“System Administrator User(s) (SA)” means users who have the permissions to administer the system. Five (5) administrator Licenses are included as part of your subscription price. Each additional license will be charged at the rate outlined in the pricing document.
“Fee(s)” means dollar amounts paid by the customer for Subscription, Support and Setup in the order form or pricing provided in email correspondence with the heading “Subscribe-HR Pricing prepared for company name” or "Subscribe-HR Order Form for company name" which contains all the pricing information for each module and the set-up costs;
“Service Level Agreement” or “SLA” means the document that relates to how support will be provided. The SLA is a supplementary document and does not supersede the master subscription agreement in any of its content.
“General Service Provision Agreement” means the document that relates to how the services will be provided. This includes fees, charges and terms;
“Data Breach” means a security incident in which sensitive, protected or confidential data is copied, transmitted, viewed, stolen or used by an individual unauthorised to do so.
Support issues will be managed in accordance with the SLA.
