Femas HR Femas HR Cloud Service Subscription Agreement

You shall (1) be responsible for ensuring that users abide by this Agreement, (2) be responsible for ensuring the accuracy, quality, and legality of Your data, and the legality of obtaining data, (3) adopt commercially reasonable efforts to prevent unauthorized access to or use of the services, and promptly notify us of such unauthorized access, and (iv) use the services in accordance with User Guide and applicable laws and government regulations. You may not (a) allow anyone other than the user to use the services, (b) sell, resell, rent or lease the services, (c) use the services to store or transmit infringing, libelous, or other illegal or infringing materials, or store or transmit materials that violates the privacy rights of any third parties, (d) use the services to store or transmit malicious codes, (e) interfere with or damage the integrity or performance of the services, or (f) attempt to gain unauthorized access to the services or related systems or networks.

You shall pay all fees set forth on all order forms. Except as otherwise provided herein or on the order form, and (1) the fee is based on the purchased services, not the actual usage volume, (2) the payment obligations cannot be waived and the payment is not refundable, and (3) the number subscription of users during the subscription period can be adjusted using online ordering function at the service website. Fees are calculated on a monthly, quarterly, or annual basis and based on the selected period starting from the order date. When subscribing on a monthly basis, additional subscriptions in the middle of the month shall be charged for an entire month, and the cycle of that month shall not be extended for the remaining period of the previous subscription. If there are any changes or additional instructions to the ordering cycle method, please refer to the instructions athttps://femashr.com.

You shall provide us with valid and updated credit card information, or payment information required by the online order function on the service website, or fill in a valid order form or other reasonably acceptable documents provided by us. If You provide us with credit card information, You shall authorize us to charge the credit card for the services and renewal actions specified on the order form. Payment shall be collected in advance and based on the payment cycle on the order form. If the payment specified in the order form is made by any methods other than credit card, we shall issue an invoice in advance, and unless otherwise stated in the order form, the payment shall be paid within 30 days of the invoice date. It is Your responsibility to provide us with complete and accurate payment and contact information, and to notify us of any of its changes.

If Your payment is not made by the deadline, at our discretion, (a) the fees may be charged with interests at the 1.5% utmost or the maximum interest rate stipulated by law per month, (b) decrease the payment period on future renewal terms to be shorter than that stated in Section 5.2.

If You owe any amount that which has not been paid for more than 30 days after the payment due date (or more than 10 days in the case of any credit card charge), we may suspend the provision of services and disable some or all functions of Your account until these amounts are paid in full. We shall notify You 7 days before disabling your account.

You shall be responsible for paying taxes associated with the services and our fees are exclusive of taxes unless otherwise stated. You are responsible for paying the taxes required by laws.

Unless otherwise stated in this Agreement, we retain all rights to the services, including all related intellectual property rights.

You shall not (1) allow any third party to use the services, unless permitted by this Agreement or specified in the order form; (2) create derivative works based on the services; (3) copy, reproduce or refer the content in the intranet for commercial purposes, (4) conduct reverse engineering to the services, or (5) use the services to (a) create competitive products or services, or (b) copy any features, functions, or graphics of the services. This Article shall survive after the expiry of the trial period, the expiry of the subscription period or the termination of this Agreement.

We own no rights in this Agreement to Your data, including any intellectual property rights therein.

If You or Your users provide us with written or oral suggestions for improving the services, You agree that we can use, utilize or refer to Your suggestions for free-of-charge. This Article shall survive after the expiry of the trial period, the expiry of the subscription period or the termination of this Agreement.

The “confidential information” referred to herein refers to all confidential information disclosed by the disclosing party to the other party (receiving party), whether orally or in written, and marked as confidential or in general and the disclosure can be reasonably regarded as confidential. Your confidential information shall include Your data, and our confidential information shall include our services.

The receiving party shall protect the received confidentiality in the same manner of effort as it protects its own confidential information, and ensure that (1) the confidential information shall not be used except within the scope of this Agreement; and (2) unless otherwise authorized by the disclosing party in writing, employees, contractors, agents, etc. of its own company and affiliates shall be restricted from using the confidential information obtained. Unless permitted by the other party, neither party shall disclose these terms or any order form to any third party other than its own employees, legal counsels, or accountants. This Article shall survive after the expiry of the trial period, the expiry of the subscription period or the termination of this Agreement.

If either party is required by law to disclose the confidential information, it shall notify the other party in advance in a manner consistent with industrial common practice.

Both parties warrant that they have full power and authority to sign this Agreement. Both parties warrant that they shall comply with all applicable laws and regulations governing the manner in which the services are provided or used.

Except as provided by laws, neither party makes any express, implied, statutory or other forms of warranties, including (but not limited to) warranties of commercial merchantability, fitness for a particular purpose and non-infringement. We do not assume any responsibilities for any content or information posted through the services.

The liabilities of either party for a single event arising from this Agreement shall not exceed the amount paid by You in the latest 12-month period.

The scope of application of the above limitation of liabilities for indemnification is limited to the maximum extent permitted by applicable laws, but it does not apply to violations of confidentiality obligations, violations of the intellectual property rights of the other party or any third party, or compensation obligations. If any of such situation occurs, the actual loss amount shall prevail and be indemnified against.

This Agreement is effective from the date You accept it until the end of the effective period of the subscription or termination of this Agreement. If You use the free trial services, this Agreement shall automatically expire when the trial period expires.

Unless otherwise stated on the order form or written rental agreement, all user subscriptions shall automatically renew for the original subscription period unless either party gives at least 30-day notice to the other party for not renewing it. If we intend to increase the price, we may notify you at least 30 days in advance by e-mails.

Either party may terminate this Agreement if the following circumstances occur: (1) The other party severely breaches the terms of the Agreement and fails to correct its breach within thirty days of receipt of written notice; (2) the other party suspends business or enters into a bankruptcy proceedings and the proceedings cannot be revoked within ninety days; or (3) the other party has severely breached this Agreement three or more times regardless of whether the other party has corrected its breach.

When You propose to terminate this Agreement due to any of the above reasons, within 30 days of the date of Your request, we shall give you the opportunity to download Your data into a single file in a comma-separated file format, and we have no further obligations to retain Your data beyond such 30-day period.