Please carefully read the following Terms of Service Agreement ("Agreement") before accessing or using the QuickHR website and related applications ("Services") provided by Enable Business Sdn Bhd ("QuickHR", "we", "us", "our").
By accessing or using our Services, you ("Customer", "you") agree to be bound by this Agreement.
1. Definitions & Order of Precedence
1.1 Definitions
- "Customer Data" means all data and information submitted to or stored in the Services by or on behalf of Customer, including User Content and Personal Data.
- "User Content" means the specific content uploaded or created by Customer's users within the Services.
- "Personal Data" has the meaning under Malaysia’s Personal Data Protection Act 2010 (“PDPA”).
- "Incident" means a confirmed unauthorised access, use, disclosure, alteration, or destruction of Customer Data within QuickHR’s production environment, excluding any event resulting from:
- (a) Customer systems, networks, devices, or credentials;
- (b) third-party integrations enabled by Customer;
- (c) Customer misconfiguration; or
- (d) acts or omissions of Customer or its Users.
- "Subscription Term" means the initial and any renewal term(s) specified in the applicable order or SOW.
- "Confidential Information" means non-public business, technical, pricing, or security information disclosed by a party that is marked confidential or should reasonably be understood as confidential.
- "Force Majeure" means events beyond a party’s reasonable control, including acts of God, war, labour disputes, governmental action, sub-provider failures, cloud outages, backbone failures, and widespread cyber-attacks beyond reasonable control.
- "DPA" means the Data Processing Addendum governing the processing of Personal Data.
- "SOW" means a Statement of Work for custom development or professional services.
1.2 Order of Precedence
In the event of conflict, the order of precedence shall be:
(1) the DPA, (2) any applicable SOW, (3) these Terms.
2.1 Service Availability (SLA)
QuickHR targets 99.0% monthly Service Availability. This SLA excludes downtime resulting from:
- (a) scheduled maintenance;
- (b) Force Majeure events;
- (c) Customer’s equipment or third-party technology; or
- (d) Customer breach of this Agreement.
Service credits are capped at one (1) month of subscription fees for that period and are Customer’s sole and exclusive remedy for service availability issues.
Customer waives any and all other rights or remedies, whether in contract, tort, statute, negligence or otherwise, including any claim for damages, refunds, service termination, specific performance, or service-level penalties arising from or relating to any failure to meet the Service Availability target. For the avoidance of doubt, failure to meet the Service Availability target shall not constitute a material breach.
2.2 Third-Party Integrations
- Customer may integrate third-party applications with the Services. Customer is solely responsible for ensuring compliance with third-party vendor terms.
- Customer assumes all risk for data flows to and from third-party services.
- QuickHR disclaims all liability for security, compliance, or data protection failures arising from such integrations.
- Customer shall indemnify and hold harmless QuickHR against any third-party claims, regulatory complaints, losses, damages, or liabilities arising from Customer’s use of third-party integrations, except where a court of competent jurisdiction determines the claim was solely and directly caused by QuickHR’s wilful misconduct.
2.3 Beta Features & Customisations
Beta/preview features and custom development are provided "AS IS" and are excluded from all SLA, support, warranty, security assurances, and compliance commitments.
3. Customer & QuickHR Responsibilities
3.1 Shared Responsibility Model
- QuickHR (Security OF the Cloud): Responsible for protecting the infrastructure running the Services.
- Customer (Security IN the Cloud): Solely responsible for role design, permissions, access controls, configuration, credential security, and data classification.
QuickHR is not liable for loss or damage arising from Customer failure to comply with these responsibilities.
Customer is solely responsible for compliance with all employment, payroll, tax, EPF/SOCSO/statutory filing, and labour law obligations. QuickHR provides the Services strictly as an administrative platform.
3.2 Account Security & Acceptable Use
- Customer is responsible for all activities under its accounts.
- Credentials may not be shared and each account must belong to one individual.
- Fraudulent access or material breach may result in immediate suspension or termination.
- QuickHR may provide written notice and a reasonable opportunity to cure where practicable, except in cases of fraud or security risk.
3.3 Employee Data Consent & Responsibility
- Customer warrants its processing of Customer Data is lawful and complies with applicable laws.
- Customer shall indemnify QuickHR, to the maximum extent permitted under applicable law, against any claims, regulatory action, fines, or penalties arising from Customer’s failure to obtain valid authorisation or lawful basis.
3.4 No HR/Legal Advice
QuickHR does not provide legal, tax, payroll, statutory, or human resource advice. Customer remains solely responsible for all filings, statutory contributions, and compliance decisions made using the Services.
3.5 Suspension for Security Risk
QuickHR may immediately suspend access (in whole or part) where QuickHR reasonably determines that Customer’s use, integrations, credentials, or activity poses a security risk to the Services or other customers. QuickHR will restore access once the risk is mitigated.
4. Data, Security & Privacy
4.2 Security Framework (Transparency Only)
- QuickHR maintains an ISMS and DPMS aligned with recognised standards.
- QuickHR’s internal security policies and compliance frameworks are provided for transparency only and do not create contractual obligations unless expressly incorporated into a signed agreement.
4.4 Data Ownership & Deletion
- Customer retains ownership of all Customer Data.
- Following termination, QuickHR will make Customer Data available for export for up to thirty (30) days, subject to Customer’s continued compliance with payment and access obligations.
- QuickHR will delete Customer Data from active systems in accordance with standard retention and backup cycles.
- Residual encrypted copies may persist temporarily or as required by law. QuickHR shall not be liable for such residual retention provided that such residual copies remain encrypted, access-controlled, and are overwritten in the ordinary course of operations.
QuickHR may withhold export access if Customer has overdue invoices.
5.1 Fees, Payment & Taxes
- Fees are non-cancellable and non-refundable.
- Customer may not set-off or withhold payment.
- QuickHR may suspend Services for overdue amounts after 14 days’ notice.
- Late payments accrue interest at 2% per month.
- All fees are payable in Malaysian Ringgit (RM) unless otherwise stated in the applicable Order Form.
6.1 Intellectual Property & Publicity
- Services remain exclusive property of QuickHR.
- QuickHR may identify Customer by name/logo unless Customer opts out.
6.6 Indemnification
- Customer indemnifies QuickHR for misuse or legal breach.
- QuickHR indemnifies Customer only for third-party IP infringement by QuickHR code or breach of the DPA.
- No settlement may impose liability or obligations on the indemnified party without its prior written consent, not to be unreasonably withheld.
- (a) Indemnified party must notify promptly
- (b) Indemnifying party controls defence
- (c) Indemnified party must reasonably cooperate
6.8 Modifications to the Terms
- QuickHR may modify Terms with 30 days’ notice via website posting and/or email or platform alerts.
- If Customer does not agree, its sole remedy is to decline renewal at end of Subscription Term.
6.9 Governing Law & Jurisdiction
- This Agreement is governed by the laws of Malaysia.
- The parties submit to the exclusive jurisdiction of the courts of Kuala Lumpur.
6.10 Survival
Sections relating to payment, confidentiality, liability, indemnities, and data protection survive termination.
7. Support and Custom Development
- Support is provided during business hours, excluding public holidays.
- Custom work governed by SOW.