Terms of Service - QuickHR

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Terms Of Service

Effective Date: 15 May 2023

QuickHR terms of service

Please carefully read the following Terms of Service Agreement ("Agreement") before accessing or using the QuickHR website and related applications ("Services") provided by QuickHR at quickhr.my. By accessing or using our Services, you agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, you may not access or use our Services.

1. ACCOUNT CREATION

To access and use our Services, Enable Business Sdn Bhd/QuickHR is responsible for creating the first super admin account upon the client's request. However, the client is responsible for creating any additional user accounts. The client must maintain the confidentiality of their account credentials and ensure the accuracy and currency of the provided information. The client also remains responsible for the security of their credentials, including regular password rotation and not sharing passwords.

2. ACCEPTABLE USE

You agree to use our Services in compliance with all applicable laws and regulations. You will not engage in any illegal, fraudulent, or unauthorised activities while using our Services. You agree not to use any exploits, penetration testing, or any actions that potentially try to harm our system. Any violation of this provision may result in the termination of your account, and we reserve the right to report such activities to the Polis Diraja Malaysia (PDRM) and the National Cyber Security Agency Malaysia (NACSA).

  • (a) You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Enable Business Sdn Bhd/QuickHR of any unauthorised use of Your passwords or any other breach of security and QuickHR will reset Your password and You must take all other actions that Enable Business Sdn Bhd/QuickHR reasonably deems necessary to maintain or enhance the security of QuickHR's computing systems and networks and Your access to the Services.
  • (b) As a condition of these Terms, when accessing and using the Services, You must: not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted; not transmit, or input into the Website Enable Business Sdn Bhd/QuickHR, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
  • (c) not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
    • (i) not attempt to undermine the security or integrity of Enable Business Sdn Bhd/QuickHR's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
    • (ii) Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against Enable Business Sdn Bhd/QuickHR's application programming interface. Any such limitations will be advised.
    • (iii) You must maintain copies of all Data inputted into the Service. Enable Business Sdn Bhd/QuickHR adheres to its best practice policies and procedures to prevent data loss, including a weekly system data back-up regime, but does not make any guarantees that there will be no loss of Data. Enable Business Sdn Bhd/QuickHR expressly excludes liability for any loss of Data no matter how caused.

3. USER CONTENT

Our Services may allow you to upload, submit, store, send, or receive content ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content. By uploading, submitting, storing, sending, or receiving User Content through our Services, you grant Enable Business Sdn Bhd/QuickHR a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly display, and publicly perform your User Content solely for the purpose of providing and improving our Services.

4. PAYMENT AND FEES

Some features of our Services may require payment of fees. By subscribing to or using these features, you agree to pay all applicable fees and charges. All fees and charges are non-refundable, except as expressly provided otherwise. Enable Business Sdn Bhd/QuickHR reserves the right to change the fees and charges for our Services or introduce new fees or charges at any time, upon notice to you.

5. PAYMENT TERMS

You agree to provide accurate and complete payment information when subscribing to or using our paid features. By providing such information, you authorise Enable Business Sdn Bhd/QuickHR to charge the applicable fees to your chosen payment method. If your payment method fails or your account is past due, Enable Business Sdn Bhd/QuickHR may suspend or terminate your access to the paid features.

6. INTELLECTUAL PROPERTY RIGHTS

Our Services and all materials contained therein, including but not limited to software, designs, logos, trademarks, and other intellectual property rights, are owned or licensed by Enable Business Sdn Bhd/QuickHR. You may not copy, modify, reproduce, distribute, or create derivative works based on our Services without our prior written consent.

7. CONFIDENTIALITY

You agree to keep confidential any non-public information that you may access through the use of our Services. You shall not disclose or use any such confidential information for any purpose other than as necessary to use the Services.

8. INDEMNIFICATION

You agree to indemnify and hold harmless Enable Business Sdn Bhd/QuickHR and its affiliates, officers, directors, employees, agents, and partners from any and all claims, liabilities, damages, losses, costs, and expenses, including legal fees, arising out of or in connection with your use of our Services, your User Content, or your violation of any term of this Agreement.

9. THIRD-PARTY SERVICES

Our Services may integrate or provide links to third-party services or websites. Enable Business Sdn Bhd/QuickHR does not endorse or assume any responsibility for any third-party services or websites. Your use of any third-party services or websites is at your own risk, and you agree that Enable Business Sdn Bhd/QuickHR shall not be liable for any loss or damage arising from your use of any third-party services or websites.

10. WAIVER

The failure of Enable Business Sdn Bhd/QuickHR to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. The waiver of any breach of this Agreement will not constitute a waiver of any subsequent breach.

11. SEVERABILITY

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

12. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Enable Business Sdn Bhd/QuickHR regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, or representations, whether oral or written, regarding such subject matter.

13. GOVERNING LAW AND JURISDICTION

  • (a) No Assignment:

    You may not assign or transfer any rights to any other person without Enable Business Sdn Bhd/QuickHR's prior written consent.

  • (b) Applicable Law and Dispute Resolution:

    If the information or Data You are accessing using the Services and the Website is solely that of a person who is a tax resident in Singapore at the time that You accept these terms, then Singapore law governs this Agreement. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be settled through friendly negotiation. In case no settlement can be reached within 30 days of such negotiation, the dispute shall be referred to and finally resolved by the competent courts of Singapore, which shall have jurisdiction over both Parties.

  • (c) Governing Law and Jurisdiction:

    These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Singapore.

14. SHARED RESPONSIBILITY MODEL

Enable Business Sdn Bhd/QuickHR and the client shall follow a shared responsibility model for the use and security of the Services.

  • (a) Enable Business Sdn Bhd/QuickHR shall be responsible for:
    • (i)Providing the client with access to the QuickHR platform and related services.
    • (ii) Protecting the infrastructure, servers, and underlying technology that support the QuickHR platform.
    • (iii) Ensuring the availability, reliability, and performance of the QuickHR platform.
    • (iv) Implementing appropriate security measures to safeguard the client's data and protect against unauthorised access, use, or disclosure.
    • (v) Regularly updating and maintaining the QuickHR platform to ensure its functionality and security.
  • (b) The client shall be responsible for:
    • (i)Creating and managing user accounts within the QuickHR platform.
    • (ii) Assigning appropriate access rights and permissions to users.
    • (iii) Ensuring the accuracy and integrity of the data entered into the QuickHR platform.
    • (iv) Complying with all applicable laws and regulations when using the QuickHR platform.
    • (v) Maintaining the confidentiality of user credentials and preventing unauthorised access to their accounts.
    • (vi)Promptly notifying Enable Business Sdn Bhd/QuickHR of any suspected security breaches or unauthorised access to their account.

Both Enable Business Sdn Bhd/QuickHR and the client acknowledge and agree that their respective responsibilities are essential for the proper functioning and security of the Services. Any failure to fulfill these responsibilities may impact the overall performance, security, and availability of the Services.

Enable Business Sdn Bhd/QuickHR does not provide Human Resource advice or act as your HR professional. The use of our Services does not constitute the receipt of HR advice. If you have any HR-related questions or require professional advice, it is recommended that you consult a qualified HR professional. It is your sole responsibility to assess whether the Services meet the specific needs of your business, are suitable for the intended purposes, and comply with all relevant HR, accounting, tax, and other applicable laws. You are solely responsible for ensuring that the storage and access to your data through the Software and the Website comply with all applicable legal requirements, including any laws pertaining to data retention.

15. INTEGRATIONS

  • (a) Integration with Third-Party Services:

    The Enable Business Sdn Bhd/QuickHR platform may offer integration capabilities with third-party services, including QuickBooks, Xero accounting software, banks in Singapore, and government agencies such as the CPF Board, Ministry of Manpower (MOM), and Inland Revenue Authority of Singapore (IRAS). The following provisions shall apply to such integrations:

  • (b) Third-Party Service Integration:
    • (i)Enable Business Sdn Bhd/QuickHR may provide functionality or features that allow you to connect and integrate your Enable Business Sdn Bhd/QuickHR account with third-party services, including QuickBooks, Xero accounting software, banks in Singapore, and government agencies.
    • (ii) The availability and functionality of these third-party integrations may vary and are subject to the terms and conditions of the respective third-party service providers.
    • (iii) Any use of third-party services or reliance on their integrations is solely at your own risk, and Enable Business Sdn Bhd/QuickHR shall not be responsible for the performance, functionality, or security of these third-party services.
  • (c) User Responsibilities:
    • (i)You acknowledge and agree that any integration with QuickBooks, Xero accounting software, banks in Singapore, or government agencies is optional and may require you to grant certain permissions or access rights to facilitate the integration.
    • (ii) You are solely responsible for ensuring the compatibility of your Enable Business Sdn Bhd/QuickHR account with the selected third-party services, banks, and government agencies and for complying with any terms and conditions imposed by these entities.
    • (iii) Enable Business Sdn Bhd/QuickHR does not endorse, warrant, or guarantee the availability, reliability, or suitability of any third-party services, including QuickBooks, Xero accounting software, banks in Singapore, and government agencies, and any use of these services is subject to your separate agreement with them.
  • (d) Limitation of Liability:
    • (i)To the fullest extent permitted by applicable law, Enable Business Sdn Bhd/QuickHR shall not be liable for any damages, losses, or expenses arising out of or in connection with the use of third-party services or any integration thereof, including but not limited to data breaches, data loss, or unauthorised access to your information.
    • (ii) Enable Business Sdn Bhd/QuickHR shall not be responsible for any disruptions, errors, or malfunctions caused by these third-party services or their integrations.

16. HARDWARE WARRANTY

  • (a)If Enable Business Sdn Bhd/QuickHR sells any hardware as part of its services, such hardware will be covered by a warranty for a period of 12 months from the date of purchase.
  • (b)The warranty will only apply if the hardware is used and maintained in accordance with the manufacturer's instructions.
  • (c)Enable Business Sdn Bhd/QuickHR reserves the right to determine whether a warranty claim is valid based on its reasonable assessment of the defect and the user's compliance with the warranty terms.
  • (d)In the event of a valid warranty claim, Enable Business Sdn Bhd/QuickHR may, at its sole discretion:
    • (i)Repair the defective hardware.
    • (ii)Replace the defective hardware with a new or refurbished unit of equal or greater value.
    • (iii)Provide a credit or refund for the original purchase price of the hardware.
  • Enable Business Sdn Bhd/QuickHR shall not be responsible for any damages or losses incurred as a result of using the hardware, including but not limited to data loss, business interruption, or any consequential or incidental damages.

17. CUSTOM DEVELOPMENT

  • (a)The Customer may request Enable Business Sdn Bhd/QuickHR to perform custom development services to develop or improve functionality, interoperability, and/or performance of the Software, application program interfaces, or new software programs (collectively referred to as "Developed Software").
  • (b)All custom development services for the Developed Software shall be undertaken pursuant to a mutually agreed Statement of Work (SOW) in compliance with this Agreement. The SOW shall clearly delineate the expected timeline for development and the cost of such Developed Software at a rate of Three Hundred and Eighty-Eight Singapore Dollars (SGD $388), excluding GST, per Man-Day.
  • (c)Unless specifically stated in writing by the Customer within fourteen (14) days of delivery, all custom projects delivered to the Customer shall be deemed completed and delivered. The Customer's failure to object or request changes within this timeframe shall indicate acceptance and satisfaction with the delivered custom projects.

18. DISCLAIMER OF WARRANTIES

The services provided by Enable Business Sdn Bhd/QuickHR are provided on an "as is" and "as available" basis, without any warranties or representations, express or implied. Enable Business Sdn Bhd/QuickHR does not warrant that the services will be uninterrupted, error-free, or free from viruses or other harmful components. Your use of the services is at your own risk.

19. HELP DESK

  • (a)Technical Problems:
    • (i)In the case of technical problems, You must make all reasonable efforts to investigate and diagnose problems before contacting Enable Business Sdn Bhd/QuickHR. Please refer to the FAQ page on the Website, which provides detailed answers to commonly asked questions and technical issues. The FAQ page is designed to assist You in resolving any technical problems independently.
    • (ii)If You require further assistance, please email our support team at support@quickhr.co. Our dedicated support staff will respond to your inquiry as soon as possible.
    • (iii)If, after following the FAQ page and contacting our support team via email, You still require additional support, You may contact our office main line at +65 69088158 for further assistance from our help desk.
  • (b) Service Availability:
    • (i)Whilst Enable Business Sdn Bhd/QuickHR aims to ensure that the Services are available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
    • (ii)Enable Business Sdn Bhd/QuickHR strives to maintain a service availability level of at least 95% of the time. However, there may be instances where service interruptions occur due to unforeseen circumstances or events beyond Enable Business Sdn Bhd/QuickHR's control.
    • (iii)If, for any reason, Enable Business Sdn Bhd/QuickHR has to interrupt the Services for longer periods than normally expected, Enable Business Sdn Bhd/QuickHR will use reasonable endeavours to publish in advance details of such activity on the Website.

20. FRAUDULENT ACCESS AND PROSECUTION

QuickHR takes data security and the protection of our platform and services very seriously. We have implemented rigorous measures to safeguard our system from unauthorised access and fraudulent activities. Any attempt to fraudulently access or use our HRMS Platform, QuickHR, will not be tolerated.

We reserve the right to investigate and pursue legal action against any individual or entity involved in fraudulent activities, including but not limited to:

  • (a) Providing false information during the registration or account creation process.
  • (b) Impersonating another individual, company, or entity to gain access to QuickHR.
  • (c)Attempting to deceive, manipulate, or exploit QuickHR's services or users for personal or unauthorised purposes.

In the event of suspected fraudulent activity, we will cooperate fully with law enforcement agencies and provide them with any necessary information to aid in their investigations.

By accessing or using QuickHR, you acknowledge and agree that:

  • (a) Providing false information during the registration or account creation process.
  • (b) Impersonating another individual, company, or entity to gain access to QuickHR.
  • (c)Attempting to deceive, manipulate, or exploit QuickHR's services or users for personal or unauthorised purposes.

If you suspect or become aware of any fraudulent activity related to QuickHR, please report it immediately to our support team at support@quickhr.co.

21. MODIFICATIONS TO THE TERMS

Enable Business Sdn Bhd/QuickHR reserves the right to modify these Terms at any time, without prior notice. The updated Terms will be posted on the QuickHR website, and your continued use of the services after the posting of the updated Terms constitutes your acceptance of the modified Terms.

Enable Business Sdn Bhd/QuickHR reserves the right to terminate any user account at our sole discretion, without providing any reason or prior notice. This termination may occur for any reason or no reason at all. In such cases, you agree that we shall not be liable to you or any third party for any termination of your account.

  • (a) Termination:
    • (i)If You choose not to continue using the Services, please provide advance written notice by sending an email to Enable Business Sdn Bhd/QuickHR's support email (support@QuickHR.co).
  • (b) Prepaid Subscriptions:
    • (i)Enable Business Sdn Bhd/QuickHR will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.
  • (c) No-fault termination:
    • (i)These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each billing period, these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period.
    • (ii)If You terminate these Terms, You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then-current period up to and including the day of termination of these Terms.
  • (d) Breach:
    • (i)If you breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied.
    • (ii)If you breach any of these Terms and the breach is not capable of being remedied (which includes, without limitation, any breach of clause 3.4 or any payment of Access Fees that are more than 30 days overdue), or if you or your business become insolvent, go into liquidation, have a receiver or manager appointed of any of its assets, make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction, Enable Business Sdn Bhd/QuickHR may take any or all of the following actions, at its sole discretion:
      • Terminate this Agreement and Your use of the Services and the Website.
      • Suspend, for any definite or indefinite period of time, Your use of the Services and the Website.
      • Suspend or terminate access to all or any Data.
      • Take any of the actions mentioned in sub-clauses (a), (b), and (c) of this clause 12.4 in respect of any or all other persons whom You have authorised to have access to Your information or Data.

For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of Your Billing Contacts, Billing Plans, or any of Your Organisations (as defined at clause 3) is not made in full by the relevant due date, Enable Business Sdn Bhd/QuickHR may suspend or terminate Your use of the Service, the authority for all or any of Your Organisations to use the Service, or Your rights of access to all or any Data.

  • (e) Accrued Rights:

    Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement, You will remain liable for any accrued charges and amounts that become due for payment before or after termination and must immediately cease to use the Services and the Website.

22. CONTACT INFORMATION

If you have any questions or concerns about these Terms of Service, please contact us at business@quickhr.co or contact us at +65 69088158