This Agreement governs your use of the Service however accessed, including via an Internet browser, smartphone, tablet, or other mobile device.
By signing up for the ATTendeeHRM Service (the "Service") on behalf of a Client, you confirm that (a) you are duly authorized to represent the entity, (b) you accept the terms of this Agreement on behalf of such entity, and (c) any references to "you" in this Agreement refer to such entity and all of its employees, consultants and agents. You are responsible for all activity on the Service that occurs under your account.
1.1 The ATTendeeHRM Service may include additional services that you subscribe to receive specifically from or through Kcysoft. Some of these services have specific additional terms that apply to your use of those additional services (the "Additional Terms"), and those Additional Terms become part of this Agreement. In the event an Additional Term directly conflicts with any term in this Agreement, the Additional Term will apply to your use of the additional service instead of the term contained in this Agreement.
2.1 This Agreement will remain in effect as long as you have an active subscription for the Service (the "Term"). If you elect to use the Service free trial, and do not purchase a subscription , this Agreement does not valid.
2.2 Subscriptions purchased by you commence on the start date specified when you complete the initial payment process and continue for the subscription term selected at the time of payment. If you add an additional subscription for a new ATTendeeHRM service or module at a later date, the new service will commence on the start date specified at the time you added the new service and continue for the subscription term selected at that time.
2.3 You are solely responsible for the proper cancellation of your subscription. You may cancel your subscription at any time by emailing email@example.com or calling 07039787233.
2.4 Kcysoft may suspend access to your active subscription Service and terminate this Agreement and your use of the Service at any time in the event you materially breach this Agreement (including failure to pay) and do not cure such breach within 14 days of Kcysoft providing you with written notice (including notice by email), or earlier if a specific subscription provides otherwise. Kcysoft may also downgrade your access to the Service without liability, after providing you with 14 days’ advance written notice, if (a) you fail to affirmatively agree to material modifications of this Agreement, or (b) you do not log in to or otherwise use the Service for a period of 180 days or more if you have a paid account and for a period of 60 days or more if you have a free account. For instances other than non-payment, in the event you cancel one or more of your subscriptions or this Agreement is terminated by Kcysoft or you, Kcysoft will refund to you any prepaid fees covering any period of the Term remaining after the date of termination for all such subscriptions, except that no refunds will be granted for the then-current month. Notice via email from Kcysoft will be sent to you at the email address you have provided to us. Kcysoft reserves the right to manage its client profile, the risks it will assume, the industries it will serve, and the locations where it will do business, including choosing to not provide services to certain groups, parties, industries, or companies in certain countries, in its sole discretion.
2.5 In the event your subscription is terminated, other than in instances where it is terminated by Kcysoft for your nonpayment, you will continue to have the ability to download the information provided, inputted or uploaded to your databases in the ATTendeeHRM Service by you or on your behalf ("Data") for 30 days after the effective date of expiration or termination of your subscription. After such 30-day period or if your subscription is terminated due to your nonpayment or violation, Kcysoft shall have no obligation to maintain any Data and shall thereafter, unless legally prohibited to do so, delete all of your Data contained in the ATTendeeHRM Service.
3.1 The Service may be made available in free or paid versions at different levels. Not all features and functionality of the Service may be available in each version or level. Kcysoft reserves the right, in its sole discretion, to modify, add, or remove portions and/or functionality of the Service on a temporary or permanent basis, without liability to you or any third party.
3.2 Kcysoft may modify or update this Agreement at any time. In the event Kcysoft determines it is necessary to make a material modification to this Agreement, you will be notified of such change and asked to affirmatively agree to such modified version of the Agreement. Note, however, that your use of the Service after modifications to the Agreement become effective constitutes your binding acceptance of such changes. You may review the most current version of this Agreement at: https://attendee.co.za/terms.php.
4.1 During the Term, ATTENDEEHRM grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access and use the hosted software products and related documentation included in the Service and all modifications and/or enhancements to any of the foregoing (collectively, the "Software") via a web browser or other device owned or controlled by you for your internal business use. Nothing in this Agreement obligates ATTENDEEHRM 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. You agree to use the Service only in compliance with all applicable local, state, national, and international laws, rules and regulations ("Applicable Law"). You shall not, and shall not agree to, and shall not authorize, encourage or permit any third party to:
use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, fraudulent, obscene, threatening, abusive, hateful, contains viruses, or is otherwise objectionable as reasonably determined by ATTENDEEHRM; use the Service for any fraudulent or inappropriate purpose, or in a manner for which it is not intended to be used (as determined by ATTENDEEHRM in its sole discretion); attempt to decipher, decompile, delete, alter or reverse engineer any of the Software; duplicate, make derivative works of, reproduce or exploit any part of the Service without the express written permission of ATTENDEEHRM; use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service other than copying or exporting of the Data as contemplated in the documentation; or rent, lease, distribute, or resell the Software, or access or use the Software or Services for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Software or displayed in connection with the Service.
4.2 ATTENDEEHRM shall: (i) provide you with basic support in connection with your use of the Service at no additional charge, and with upgraded support, (ii) use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for: (a) planned downtime (which ATTENDEEHRM shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Friday to 3:00 a.m. Monday Pacific Time), or (b) any unavailability caused by circumstances beyond ATTENDEEHRM’s reasonable control, including acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), Internet service provider failures or delays, or denial of service attacks, and (iii) provide the Service only in accordance with Applicable Law.
4.3 Kcysoft shall maintain commercially reasonable administrative, physical, and technical safeguards for protection of the Service, and the security of your Data. Kcysoft shall not (a) disclose your Data except as compelled by Applicable Law or as you expressly authorize in writing, or (b) access your Data except to provide the Service and prevent or address service or technical problems, or at your express request in connection with customer support matters. In the event we are compelled by Applicable Law to disclose your Data, we will provide you with notice thereof, (in advance, if possible) if permitted by Applicable Law.
4.4 You are solely responsible for your Data, and all uses of your Data that occur through your account.
5.1 Your subscription to the Service renews automatically for the same term selected upon initial payment (e.g., month-to-month, annual, etc.). You may change your subscription term at any time by contacting Kcysoft using one of the methods set forth in the Contact Information section below. If you are paying by credit card, your credit card will be charged once a month for monthly subscriptions and at the time your annual subscription payment has been depleted based on your number of employees and subscription to the Service. Kcysoft will email you a receipt when your card has been charged. If your card cannot be charged, Kcysoft will notify you and you will need to update your payment information. In the event you do not update your payment information within 22 days of Kcysoft’s notice, your access to the Service may be suspended and you will need to update your card information in order to resume use of the Service. There will be no refunds or credits for partial months of service.
5.2 Annual subscription pricing requires a one-year minimum commitment. If you cancel your full subscription, or your subscription is suspended for nonpayment, before the end of the one-year commitment period, you will no longer qualify for annual subscription pricing and you will be charged the difference between the monthly and annual commitment pricing for the number of months your subscription was active. If you cancel only a portion of your subscription, you may still qualify for annual pricing and the prepaid amounts attributed to that portion will be used against other services to which you have subscribed.
5.3 All fees are exclusive of all taxes or duties imposed by governing authorities. Other than sales taxes which Kcysoft may be required to collect from you and remit to appropriate taxing authorities, you alone are responsible for payment of all such taxes or duties.
5.4 Kcysoft may at any time, upon notice of at least 90 days, or a longer period if required by Applicable Law, change the price of your subscription or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your annual subscription period will come into effect for any subsequent annual subscription periods and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your subscription and stop using the Service prior to the commencement of the renewal subscription period for which the price change applies.
6.1 As between the parties, Kcysoft owns and shall retain all right, title and interest in and to (a) the Software and the Service, including all intellectual property rights, and (b) transactional and performance data related to your use of the Service. Kcysoft may collect, use and disclose all such transactional and performance data for its business purposes (including software use optimization and product marketing) provided that such use does not reveal your identity, any of your confidential information or any personally identifiable information that belongs to you or your employees.
6.2 You retain all right, title and ownership interest in and to your Data. Kcysoft has no right, title or interest in any personally identifiable information contained in or related to your Data.
6.3 You have no obligation to give Kcysoft any suggestions, enhancement requests, recommendations, comments or other feedback ("Feedback") relating to the Service. To the extent you provide any Feedback to Kcysoft, Kcysoft may use and include any such Feedback to improve the Service or for any other purpose. Accordingly, if you provide Feedback, you agree that Kcysoft shall own all such Feedback and Kcysoft and its affiliates, licensees, clients, partners, third-party providers and other authorized entities may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in the Service or other related technologies, and you hereby assign all rights in such Feedback to Kcysoft.
6.4 From time to time during the Term, Kcysoft may develop, author or prepare custom documents, designs, computer programs, computer documentation and other tangible materials ("Deliverables") for you per agreement between you and Kcysoft. Kcysoft shall own and retain all right, title and interest in and to such Deliverables and hereby grants to you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license for you to use such Deliverables for your internal use only during the Term. Kcysoft may reuse any Deliverables, provided that such use does not reveal your identity or your confidential information.
7.1 Unless otherwise agreed to by you and Kcysoft, during the Term, Kcysoft may disclose your name as a customer of Kcysoft and/or subscriber to the ATTendeeHRM Service, and you hereby grant Kcysoft the right to display your name, company, and logo in Kcysoft’s marketing materials and on Kcysoft’s public website, in each case in accordance with any branding guidelines you may provide to Kcysoft.
8.1 Certain features of the Site may enable users to submit, upload, post, share, or display (hereinafter, "post") content, as well as to interact with others through user comment areas, message boards, direct messages, and similar user-to-user areas, as applicable (such content shall be collectively referred to as "User Content"). User Content includes any contents or reviews you provide to Kcysoft about the ATTendeeHRM Service but excludes all Data.
8.2 You hereby grant to Kcysoft an irrevocable, perpetual, non-exclusive, transferable, sublicensable, assignable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the ATTendeeHRM Service for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to any moral rights and all rights of "droit moral" in your User Content. If you post User Content, you represent and warrant to Kcysoft that you own or control all rights in and to such User Content and have the right to grant the rights above to Kcysoft.
10.1 External Breach: In the event of a security breach, by anyone other than your employee, contractor or agent, upon discovery of such breach, Kcysoft will: (a) initiate remedial actions that are consistent with industry standards; and (b) notify you of the security breach, its nature and scope, the remedial actions Kcysoft will undertake, and the timeline within which Kcysoft expects to remedy the breach.
10.2 Internal Breach: In the event of a security breach by your employee, contractor or agent, you shall have sole responsibility for initiating remedial actions and you shall notify Kcysoft immediately of the breach and steps you will take to remedy the breach. In our sole discretion, we may take any action, including suspension of your access to the Service, to prevent harm to you, us, the Service, or other third parties. You waive any right to make a claim against us for losses you incur that may result from our actions.
11.1 You agree to indemnify, defend and hold harmless Kcysoft, and its subsidiaries, affiliates, officers, directors, agents, and employees from and against any costs, damages, expenses (including reasonable attorneys’ fees), judgments, losses and other liabilities (including amounts paid in settlement) ("Liabilities") incurred as a result of any third-party action, claim, demand, proceeding or suit ("Claim") to the extent arising from or in connection with (a) your use of the Software and/or Service in violation of this Agreement, or (b) any employment decision or action you take due to information available through or your use of the Service.
11.2 Kcysoft agrees to indemnify, defend and hold harmless you, and your affiliates, officers, agents, and employees from and against any Liabilities incurred as a result of any third-party Claim to the extent arising from or in connection with an allegation that your use of the Software and/or Service in accordance with this Agreement infringes the intellectual property rights of a third party. Notwithstanding the foregoing, in no event shall Kcysoft have any obligations or liability arising from: (a) use of the Software and/or Service in a modified form or in combination with materials or software not furnished by Kcysoft, and (b) any User Content, information or Data provided by you, your end users, or other third parties.
11.3 A party seeking indemnification hereunder shall (a) promptly notify the other party in writing of the Claim, (b) give the indemnifying party sole control of the defense of such Claim and all negotiations for the compromise or settlement thereof (provided that if any settlement requires any action or admission by the indemnified party, then the settlement will require the indemnified party’s prior consent), and (c) provide the indemnifying party with all reasonable cooperation, information and assistance in connection with such Claim; provided, however, that failure by the indemnified party to provide prompt notice of a Claim, grant such sole control, and/or provide such cooperation, information and assistance, shall not relieve the indemnifying party of its obligations under this Article 11, except to the extent that the indemnifying party is materially prejudiced by such failure. The indemnified party may be represented by its own counsel, at its own expense.
12.1 Each Party shall comply with all Applicable Laws in connection with its own activities under this Agreement. The Service can be configured and used in ways that do not comply with Applicable Laws and it is your sole responsibility to monitor your employees’ use and your use of the Service to ensure that such use complies with and is in accordance with Applicable Law. In no event shall Kcysoft be responsible or liable for your failure to comply with Applicable Law in connection with your use of the Service.
12.2 Kcysoft does not provide its customers with legal advice regarding compliance, data privacy or other relevant Applicable Laws in the jurisdictions in which you use the Service, and any statements made by Kcysoft to you shall not constitute legal advice.
12.3 You acknowledge that Kcysoft exercises no control over your specific human resource practices implemented using the Service or your decisions as to employment, promotion, advancement, termination, notification, or compensation of any employee or authorized user of the Service. You further agree and acknowledge that Kcysoft does not have a direct relationship with your employees and that you are responsible for all contact, questions, Data updates and collection, with your employees. In addition, you are responsible for the privacy (including adopting and posting your own privacy policies governing your treatment of your employees’ Data), collection, use, retention and processing of your employees’ Data, and providing any and all notices and information to your employees regarding the foregoing, in compliance with all Applicable Laws. Kcysoft hereby disclaims all liability arising from your decisions and from harmful data or code uploaded to the Service by you and/or your employees, contractors or agents.
13.1 Kcysoft uses theories, methods and tools associated with the Google Form in offering its Employee Satisfaction survey service. There are no additional fees associated with this service.
14.1 If you have any questions about the Service or this Agreement, you may call us at 07039787233, email us at firstname.lastname@example.org