Terms and Conditions
1. All public domain information about your company is not under the NDA.
2. All domain & private HR/Employee information/data is confidential property of your organization called “Your IPR “. Emportant.com gets no rights on this data.
3. All analysis, compilations, studies and other material built on this data is” Your IPR “.
(A) All the above confidential information will be solely used by Emportant HRMS & Payroll Services for the “Transactions” under “service” of contract.
(B) Emportant.com will NOT DISCLOSE any confidential information w.r.t ” Your IPR ” except to:
(1) specific servicing employee at Cnergyis.
(2) Legal & professional advisors w.r.t the transaction contracts.
(3) Statutory procedures where required under law of the land with prior intimation to your company (for item 3).
(C) NDA valid for 1 year, auto renewed.
(D) No amendment possible without written agreement between both parties.
(E) Jurisdiction Mumbai Courts.
Standard Non-Disclosure Terms
Prices for Standard Deliverables: Online prices payable for standard deliverables with an annual 10% increase.
Standard Emportant.com Platforms Deliverables: 1)Cloud HRMS software
(2)Cloud Payroll application
(3)Cloud patch statutory upgrades
(4)Tele support (IT).
Responsibility: Your Organization takes responsibility of correct and certified data entered by your department for which you are responsible. All data corrections and validations are your responsibility.
Tenure: Commences w.e.f today (date extracted online auto) for a minimum of three (3) calendar months.
Independent Contractor: Emportant.com is an independent contractor and controls and direct performance of services to your organization, subject to rights of “Your Company”.
Prohibitions: You are unauthorized to use, edit, modify, filter, truncate, reverse-engineer, redirect end-users, engage in any action that reflects poorly on Emportant.com by your organization or by any third party formally or informally by you, Of our platform and for services by your organization, which can lead to immediate termination of Standard NDA Agreement Terms.
Termination; Cancellation: (a) Provide a 90 day notice period to Emportant.com by sending mail to info@Emportant.com.com Sub: Termination; Cancellation. For any reason.
(b)For non-performance reasons for over 90 days, your organization can give a 90 days’ notice period.
(c)Emportant.com reserves the right to discontinue services if payments not paid in 60 days. You may not resell, assign, and transfer any of Your rights hereunder, which might result in termination of standard agreement. Emportant.com may assign this agreement to any Affiliate Business Implementation Partner at any time without notice. Relationship with Emportant.com and You is that of independent contractors.
Confidentiality, Intellectual Property (IPR): HRMS platform & Customer, Policies, Business Processes, Workflow are an Emportant.com IPR. Data is a customer IPR. Public domain information is non IPR.
Guarantee: 99.95% SLA for Cloud HRMS services is provided as a Standard. A higher level requirement possible at custom commercials. However outages caused due to
(1) Public backbone shutdown/slowdown
(2) Your local access system failure/slowdown
(3) Events beyond control of Emportant.com / Your organizations such as riots, strikes, fires, floods, explosions, war, governmental actions, labor conditions and other acts of nature, terrorism, etc.
Payments: (1) Within 60 days of Invoice date or on last date of validity of service
(2) Dispute to be raise in within 7 days after invoice/payment else it results in waiver of your right to this claim. Reference records of only Emportant.com to be used for payments.
(3) Active period of “Provisioned Service”; (if you have discontinued Emportant.com service during that period) When/if service were continued, will have to be paid for reactivation if you organization re-engages within 1 year.
Governing Law: Between Parties is subject to jurisdiction of Court of Mumbai, India.
Government Tax Compliances: As per government norms, GST without limitation is carried out by Emportant.com
Arbitration & Waiver: Indian Arbitration & Conciliation Act 1996 is used with venue Mumbai and English is the medium of language.
Written Notice: Are used for each other. No other form recognized.
Campaign Payments Liability: If any campaign service of Emportant.com used, you agree to pay within 15 days of GO LIVE. Delays charged @ 15 % p.a.
Publicity: Emportant.com can use your “logo” as a business Customer in any media form. Vice versa possible with intimation to info@emportant.com
Representation & Warranties: All information provided by both parties is correct, compliant with statutory laws of the land and without breach of conduct and that you are authorized by your company to agree to these Standard NDA Terms legally.
Your obligation to indemnify: You agree to indemnify Emportant.com and its Business Affiliate and applicable third parties harmless against any/ all third party claims.
Information Rights: Emportant.com may provide information in response to valid legal process, to establish or exercise its legal rights or defend against legal claims. Emportant.com disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party. Emportant.com may share non-personally-identifiable information about You, including Property URLs, Property-specific statistics and similar information with advertisers, business partners, sponsors, and other third parties. Emportant.com has the right to access, index and cache the Property (ies), or any portion thereof, including by automated means including Web spiders or crawlers to enhance cloud efficiency in delivering services.