- All public domain information about your company is not under NDA.
- All domain & private HR/Employee information/data is the confidential property of your organization called “Your IPR “. ZingHR gets no rights on this data.
- 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 ZingHR HCM Platform & Services for the “Transactions” under “service” of contract. (B) ZingHR 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 a written agreement between both parties. (E) Jurisdiction Mumbai Courts.
Standard Non-Disclosure Terms
|Standard ZingHRCloud HCM Platforms Deliverables:||(1) Cloud infra (2) Cloud hardware (3) Cloud HCM software (4) Cloud application monitoring (5) Cloud patch statutory upgrades (6) Tele support (IT).|
|Prices for Standard Deliverables:||Online prices payable for standard deliverables with an annual 10% increase.|
|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) calender months.|
|Independent Contractor:||ZingHR 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 ZingHR 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 ZingHR by sending mail to email@example.com Sub: Termination; Cancellation. For any reason. (b)For non-performance reasons for over 90 days, your organization can give a 30 days notice period. (c)ZingHR 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. ZingHR may assign this agreement to any Affiliate Business Implementation Partner at any time without notice. Relationship with ZingHR and You is that of independent contractors.|
|Confidentiality, Intellectual Property (IPR):||HCM platform & Customer, Policies, Business Processes, Workflow are a ZingHR IPR. Data is a customer IPR. Public domain information is non IPR.|
|Guarantee:||99.95% SLA for Cloud HCM 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 ZingHR / Your organizations such as riots, strikes, fires, floods, explosions, war, governmental actions, labor conditions and other acts of nature, terrorism, etc.|
|Payments:||(1) Within 7 days of Invoice date or on last date of validity of service paid by credit card. 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 ZingHR to be used for payments. (2) Active period of “Provisioned Service”; (if you have discontinued ZingHR 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:||All Taxes and charges like Sales Tax, Service Tax, Payroll Taxes, etc without limitation is carried out by ZingHR.|
|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 ZingHR used, you agree to pay within 15 days of GO LIVE. Delays charged @ 15 % p.a.|
|Publicity:||ZingHR can use your “logo” as a business Customer in any media form. Vice versa possible with intimation to firstname.lastname@example.org|
|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 ZingHR and its Business Affiliate and applicable third parties harmless against any/ all third party claims.|
|Information Rights:||ZingHR may provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. ZingHR disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party. ZingHR may share non-personally-identifiable information about You, including Property URLs, Property-specific statistics and similar information collected by Cnergyis, with advertisers, business partners, sponsors, and other third parties. ZingHR 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.|