Terms of Service

Software as a Service Agreement

Effective Date: 04/01/2024

Parties:

Supplier: NotchHR, whose office is located at 94, Norman Williams Street, Ikoyi, Nigeria 

Customer: All NotchHR clients.

Collectively referred to as the “Parties”.

Recitals

WHEREAS, NotchHR has developed specific human resources management software and web applications available for integration over the Internet;

WHEREAS, the Customer desires to use NotchHR’s applications in its company operations;

WHEREAS, NotchHR agrees to provide said applications to the Customer under the terms and conditions stated herein;

1. Definitions

Services: Subscription services provided by NotchHR to the Customer under this Agreement, accessible from https://notchhr.io.

Documentation: Documents made available by NotchHR to the Customer at https://notchhr.io, detailing the Services offered and usage instructions.

Support Services Policy: Support provided by NotchHR, detailed at https://notchhr.io.

Authorized Users: Individuals authorized by the Customer, including employees, agents, or contractors, to use the Services and Documentation.

User Subscriptions: Subscriptions purchased by the Customer under this Agreement, allowing Authorized Users to access the Services and Documentation.

Customer Data: Data inputted by the Customer, NotchHR, or Authorized Users for using the Services.

Normal Business Hours: 9:00 AM to 5:00 PM local time, Monday through Friday, excluding public holidays.

Software: Online software applications provided to the Customer by NotchHR as part of its Services.

Virus: Any software, file, code, or program that can impair, interfere with, or prevent the operations of Services or Documentation.

2. User Subscription Terms

NotchHR grants the Customer a non-transferable, non-exclusive right for Authorized Users to use the Services and Documentation solely for internal business operations.

The Customer agrees to:

  1. Not exceed the maximum number of Authorized Users per User Subscription.
  2. Not use more than one Authorized User per User Subscription.
  3. Not transmit or distribute any Viruses, or any content that is harmful, offensive, illegal, or encourages harm.

 

NotchHR reserves the right to disable the Customer’s access to any material that violates these terms

3. Additional User Subscriptions

During the Subscription Term, the Customer may purchase additional User Subscriptions by:

  1. Visiting the NotchHR website at https://notchhr.io to purchase the necessary licenses.
  2. Paying the additional fees as specified in the “Fees and Service Term” section.

4. Fees and Service Term

Subscription Fees: The subscription fees are based on the chosen package and the number of active employees. The pricing is as follows:

Additional User Subscription Fees: Based on the package selected, additional user subscription fees will follow the same pricing structure as outlined above.

Subscription Term: the payment period covered by the subscriptions selected and paid for by client.

5. Customer Data

The Customer affirms that Customer Data will not violate any intellectual property or legal rights. The Customer agrees to maintain daily backups of their data. NotchHR is not responsible for lost data due to misuse, blackouts, or Viruses.

6. Support Services

NotchHR will provide a help desk during Normal Business Hours. The Supplier shall respond promptly to support requests. Support Services shall be suspended if the Customer’s payment is due.

7. Charges and Payments

NotchHR will invoice the Customer periodically. Payments are due within 14 days of the invoice date. Accepted payment methods include Debit, Credit, Bank Transfer, and Check. Late payments may incur interest charges.

For existing users, it is recommended to renew your subscription 14 days before the expiration date to avoid data loss.

8. Limitation of Liability

This Agreement does not limit liability for:

  1. Personal injury or death from negligence.
  2. Loss of business, contracts, or opportunities.
  3. Fraudulent misrepresentation.
  4. Loss of savings or profits.
  5. Any liabilities not permissible under applicable law.

9. Proprietary Rights

No intellectual property rights are transferred between the Parties. NotchHR retains 100% ownership of the Services and Documentation.

10. Terms and Termination

Either Party may terminate this Agreement within 30 days’ written notice. The Agreement can be terminated immediately if a Party breaches the terms, or if a Party becomes insolvent or ceases business operations.

11. General Terms

No Waiver: A breach of the Agreement cannot be waived without written consent.

Severability: If any provision is deemed unlawful, all other provisions will remain in effect.

Entire Agreement: This Agreement constitutes the entire agreement and supersedes all prior agreements.

Contact Us

NotchHR formerly MyXalary 

Address: 94, Norman Williams Street, Ikoyi, Nigeria 

Email: [email protected] 

Phone number: 0913 717 3363

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