By clicking the ‘Free Trial’, or by clicking the ‘Subscribe’ Button, you agree to the following terms and conditions (the “Agreement”) governing your use of Kallos Solutions Pvt. Ltd (herein after known as Kallos) Online Service and Offline components, if any (collectively termed as, the “Service”). In case you are entering into this agreement on behalf of a company or an organization, then you represent that you have the authority to make purchase decisions for the company or the organization and all references to you shall refer to your company or organization.
As a subscriber to KServeHRMS, Kallos will provide hosting, KServeHRMS application hosting, data encryption, access and storage related services. If you are registering a free trial, then neither you nor Kallos Solutions will have obligations to one another beyond the original trial period, unless you convert to a paid subscription following the end of the free trial period.
1.0 Subscription Grant and Restrictions
Kallos grants you global rights to use of the KServeHRMS service for the number of users or employees for which you are
Subscribed to. The term "license" will be synonymous with "subscription" used throug the rest of this Agreement.
This license is non-exclusive and non-transferable. The rights are for your own internal use only. The user license is good for one user only, and may not be shared by multiple users. However, an account may be adopted by a new staff member upon the departure of a previous member. You may not access the Service if you are a direct competitor of KServeHRMS, except with Kallos’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. You shall not (i) license, sublicense, sell, resell, 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.
You are prohibited from using the KServeHRMS service to violate applicable laws. You cannot impersonate another user; send Spam or other unsolicited commercial messages; store or send obscene, threatening, libelous, or other material that is unlawful or in violation of privacy rights; send or store harmful computer code such as viruses or Trojan horses or files that contain them; interfere with the performance of KServeHRMS or attempt to gain unauthorized access to KServeHRMS or related networks. Any rights not specifically granted in this agreement are reserved by Kallos.
2.0 Upgrades and Updates in the Service
As part of your service agreement, Kallos Solutions reserves the right to periodically update your subscription service. You may experience brief interruptions in service while updates are being implemented throughout the system. Kallos reserves the right to increase your subscription service dues and fees in line with regular subscription service upgrades and price increases throughout the system. This increase would be made applicable for the following period that has not previously been pre-paid (monthly, quarterly or annually).
3.0 Privacy and Security
Kallos believes that you should have full access to, and control over, your sensitive data, and that your data must be kept secure at all times. For more information, see the KServeHRMS Privacy Statement and Security Statement that are publicly available at www.KServeHRMS.com. Kallos reserves the right to update the KServeHRMS.com privacy and disclosure agreements without prior notice. You will be given the opportunity to register for KServeHRMS marketing updates and information, but you may opt-out of such emails at any time. You also hereby grant to Kallos the right to disclose that you are a KServeHRMS.com subscriber.
You agree to provide accurate billing and account data with your subscription. You are responsible to abide by local and international laws in the use of the KServeHRMS service. Should you be aware of data or password(s) that have been compromised, you are forbidden from distributing that information and are responsible to notify Kallos immediately at subscriptions@KServeHRMS.com
You are responsible for all activity occurring under your subscribed user or employee accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Kallos immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Kallos 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 KServeHRMS user or provide false identity information to gain access to or use the Service.
5.0 Account Information and Data Ownership
Kallos Solutions 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 Kallos, 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 Kallos 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), Kallos 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. Alternatively, you have the facility to export out data based on available in KServeHRMS.com if you so request at the time of termination. Kallos reserves the right to withhold, remove and/or discard Customer Data without 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 Kallos shall have no obligation to maintain or forward any Customer Data.
6.0 Intellectual Property of the Service
The KServeHRMS service, images, and application are the sole property of Kallos Solutions and its licensors, if applicable. Kallos owns all right, title and interest, including Intellectual Property Rights, in and to the KServeHRMS technology, the Content and the Service and any suggestions, ideas, enhancements, requests, Testimonials, recommendations or other information provided by you or anyone else relating to this Service. This agreement is not a sale and does not give you any rights of ownership related to the Service, the KServeHRMS or Kallos’s technology, or the Intellectual Property Rights owned by Kallos. Contributions made through the Kallos Channel Partner Network are the property of Kallos.
7.0 Third Party Activities
Kallos may allow third parties to offer related products or services that are of value to our subscribers. Any interaction between yourself and a third party is solely between you and the third party and not Kallos or the KServeHRMS service.
You shall pay all fees and 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 payment obligations are non-cancelable and all amounts paid are non-refundable. Licenses in the middle of a billing cycle will be prorated. The details of the pricing policy are defined accurately in the public website www.KServeHRMS.com. Kallos Solutions reserves the right to modify its rates as needed. You will receive 30 or more days advance notice of any such changes by e-mail or within your account. Your account terms are confidential and you agree not to disclose them to third parties. Renewals will be the current charge for the billing term, multiplied by the number of KServeHRMS subscription seats. If there is a problem with your bill, contact subscriptions@KServeHRMS.com within 30 days of the bill in question.
9.0 Storage Fees
Each organization will have storage space as defined by your edition to use to store all attachments, documents, email, pictures, and any other items included for use throughout the system. Additional storage can be purchased per user at the then current Storage fees. We reserve the right to modify additional excess storage fees in the future should it become necessary. Kallos will make all reasonable efforts to inform you when the average storage used reaches approximately 90% of the maximum; however, any failure on Kallos’s to notify you, shall not affect your responsibility for such additional storage charges.
10.0 Billing, Renewal and Taxes.
Kallos charges and collects in advance for use of the Service. Kallos will automatically renew and bill your credit card or issue an invoice to you each billing term. The renewal charge will be equal to the then current number of total User licenses multiplied by the license fee in effect during the prior term, unless Kallos has given you 30 day prior notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged as quoted. Kallos’s fees are exclusive of taxes, levies or duties imposed by taxing authorities. You will be responsible for payment of all such taxes, levies or duties, excluding only Indian income taxes based solely on Kallos’s income. You agree to provide Kallos with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized 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, Kallos reserves the right to terminate your access to the Service in addition to any other legal remedies.
11.0 Non-payment and Suspension
You agree that Kallos reserves the right to suspend or terminate this Agreement and your access to the Service if your account falls into arrears. Kallos reserves the right to charge you a reconnection fee in the event that your account is suspended and you thereafter request access to the Service. Non-paid invoices will attract a finance charge of 5% percent per month which will be accrued until payment in full has been received. You will also be charged for all expenses of collection. If your account is cancelled by Kallos for activities in violation of this agreement, you will be required to pay the remaining balance due, be subject to credit reporting, or both. If you or Kallos initiate termination of this Agreement, you are obligated to pay the balance due on your account. You agree that Kallos Solutions may charge your credit card for any unpaid balances or bill you by other means. You agree and acknowledge that Kallos has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is in arrears for more than 30 days.
12.0 Termination upon Expiration / Reduction in number of licenses
This Agreement commences on the Effective Date. The Initial Term will be as you chose during the online subscription process or as agreed by you in a Purchase Order form. Upon expiration of the Initial term, this Agreement will renew for successive renewal terms equal in duration to the Initial Term at Kallos’s then current fees, unless the period of term is specifically modified during the renewal process. Either party may terminate this Agreement or reduce the number of licenses, effective only upon the expiration of the then current License Term, by notifying the other party in writing, at least ten (10) business days prior to the date of the invoice for the following term. In the case of free trials, notifications provided through the Service indicating the number of days remaining in the free trial shall constitute notice of termination. In the event that this Agreement is terminated (other than by reason of your breach), Kallos 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 Kallos has no obligation to retain the Customer Data and may delete such Customer Data, more than 30 days after termination.
13.0 Termination for Cause
Any breach of your payment obligations or unauthorized use of the KServeHRMS technology or Service will be deemed a material breach of this Agreement. Kallos, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, Kallos may terminate a free account at any time in its sole discretion. You agree and acknowledge that Kallos has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such a breach.
14.0 Representations and Warranties
Each Party represents and warrants that it has the legal power and authority to enter into this Agreement. Kallos warrants that it will provide this Service in a manner comparable with the general industry standards and that the Service will perform substantially in accordance with the features specified online www.KServeHRMS.com 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 agree to hold Kallos staff, licensors, affiliates, partners, employees, agents, and officers harmless against all claims, damages, losses, and fees, including legal or attorneys fees arising from any claim of damages or infringement arising from the use of KServeHRMS.com or other Kallos sites. Kallos agrees to indemnify you and your organization, staff, licensors, affiliates, partners, employees, agents, and officers harmless against all claims, damages, losses, and fees, including legal or attorneys fees arising from any claim of damages or infringement arising from the use of KServeHRMS or other Kallos sites, so long as that use does not violate the terms of this agreement. In no case shall either party's total liability exceed the amount paid for the service.
15.0 Disclaimer of Warranties
Although the staff of Kallos is dedicated to providing high-quality HRMS services, Kallos, and its licensors make no guarantee of the suitability of the KServeHRMS for any particular usage. This includes the following: While history has shown 99.5 percent up-time, past up-time is no guarantee of future performance. While the staff of Kallos has done its utmost to guarantee the accuracy of all statements on the KServeHRMS site, Kallos Solutions does not warrant or make any guaranty of the accuracy, reliability, timeliness, or completeness of the service or its content. The KServeHRMS service is provided on an "as is" basis, and any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights are herby disclaimed to the full extent permitted by applicable law by Kallos Solutions and its licensors. In some jurisdictions, the exclusion of implied warranties is prohibited, and these disclaimers may not apply to you.
16.0 Internet Delays
Kallos’s service may be subject to limitations, delays and other problems inherent in the use of the Internet and other electronic communications. Kallos is not responsible for any delays, delay failures, or other damage resulting from such problems.
17.0 Limitation of Liability
In no event shall either party's aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. in no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party's licensors have been previously advised of the
possibility of such damages.
18.0 Export Control
Some features of the KServeHRMS service may be subject to export control. When using the service beyond the borders of the Republic of India, it is your responsibility to conform to all applicable laws. By using the KServeHRMS service you represent the following: You are not located in an embargoed country. You will comply with the export Laws of India.
None of the content or information acquired through the use of KServeHRMS is used in activities associated with missiles or weapons that are nuclear, biological, or chemical.
The laws of the Republic of India, shall govern this agreement. Any disputes arising out of this agreement shall be subject to the jurisdiction of the courts located in or near Chennai, Tamil Nadu, INDIA.
Kallos may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Kallos’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Kallos’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered post) or 12 hours after sending (if sent by email). You may give notice to Kallos (such notice shall be deemed given when received by Kallos) at any time by any of the following: letter delivered by nationally recognized overnight delivery service registered mail to Kallos at the following: Kallos Solutions Pvt. Ltd. S Block No.8 (New), No.59 (Old), 20th Street, 6th Avenue, Annanagar, Chennai 600040 addressed to the attention of: Managing Director
21.0 Additional Information
If you have further questions about the KServeHRMS terms of service, please send an e-mail to Support@KServeHRMS.com
For Kallos Solutions Pvt. Ltd.
Authorized Signatory Designation: