formulaHR is a web-based Human Resource Management Software platform delivered as Software-as-a-Service. It is owned and managed by Icomm Technologies Private Limited (Icomm).
The General Terms of Service governing availability and usage of formulaHR platform are in conjunction with the Subscription Agreement or Service Provider Agreement (“Agreement”) between your organization (“Client”) and Icomm.
Client may use the software platform for internal business purpose of the organization and may connect to the same using any Internet browser supported by the software platform.
By using formulaHR platform the General Terms of Service are deemed accepted by the Client organisation mentioned below.
The Subscription Agreement or the Service Provider Agreement has the modules required by the Client, and the commercial terms.
formulaHR may update the software periodically. Such updates may include enhancements in the software functionality, like the addition of features and/or modules and augmenting User Interfaces. formulaHR reserves the right to revise or redesign the User Experience and User Interface features and any other features of its software from time to time at its own discretion. Such update shall be undertaken without any material impact to the services committed to the Client.
During the term of service, any additional Module required by the Client, the commercial terms and amendment to the Agreement will be effected.
Definition of User
The term “users” shall mean primarily employees of the Client organization, and on occasion, other persons who are authorized by the Client to use the Software, but would not include any other corporation, other business entity or collective organization.
Rights and Usage
Ownership and Reservation of Rights: Icomm owns all rights to the formulaHR Software, and related Intellectual Property Rights. No rights are granted to the Client hereunder other than as expressly set forth herein.
Grant of usage to the Client: By subscribing to formulaHR the Client gets non-exclusive, non-transferable, right to use the Software, solely for the internal business purposes of the Client.
Usage Restrictions: The Client shall not (i) modify, copy or create any derivative works based on the Software Service or Documentation; (ii) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make the Service or Documentation available to any third party, other than to Authorized Parties as permitted herein; (iii) reverse engineer or decompile any portion of the Service or Documentation, including but not limited to, any software utilized by Icomm in the provision of the Service and Documentation, (iv) access the Service or Documentation in order to build any commercially available product or service; or (v) copy any features, functions, integrations, interfaces or graphics of the Service or Documentation.
Ownership of Client Data: The Client users shall use the Software to enter and process data and generate reports. The data entered / compiled / generated out of formulaHR shall be accessible to the Client directly during the tenure of the subscription and belongs exclusively to the Client.
Additionally, during the Term of the Agreement, the Client can extract data using Icomm’s standard web services.
If required, Client may take Icomm’s professional services pursuant to a separately executed Statement of Work for data integration with other systems.
Intellectual Property Rights (IPR)
The formulaHR platform, Business Processes, Technical architecture – IPR belongs to Icomm.
Data entered, stored, compiled using formulaHR - Ownership is with the Client.
Any information in the public domain is non IPR.
Subscription Fees for usage of formulaHR will be invoiced in accordance with the details shared in Agreement. All fees due (except fees subject to good faith dispute) shall be due and payable within Fifteen (15) days of invoice date. The Client shall provide Icomm with complete and accurate billing and contact information including a valid email address for the receipt of invoices. The Client will make payments via Online Bank Transfer. Icomm will not accept physical collection of bank cheques or other financial payment instruments.
Any tax such as GST which is chargeable in accordance with any local, state laws with respect to subscription to our Services ("Taxes"), Icomm will invoice Client for such Taxes. Client to pay Icomm such Taxes in addition to the subscription fees. Icomm shall provide Client with an invoice in the format prescribed by the applicable laws to help avail the applicable input tax credit for the Taxes so paid.
Non-Payment and Suspension of Service: If the Client’s account is more than Sixty (60) days past due (except with respect to charges subject to a reasonable and good faith dispute), in addition to any other rights or remedies it may have by law, Icomm reserves the right to suspend the Service upon thirty (30) days of written notice, without liability to the Client, until such amounts are paid.
Subscription requires a minimum of 1 year (12 months) commitment and the subscription will get automatically renewed every year until the subscription is cancelled.
The Commercials Terms and Support Plans as agreed in the Agreement will be accordingly applicable.
Icomm will use commercially reasonable efforts to make Services available 24*7 except in case of planned downtime and Force Majeure. Icomm may shut down the Services to perform planned maintenance of the system or to upgrade the system. To the extent possible and reasonable, the downtime would be planned and will be scheduled during non-business hours for majority of the Clients over weekend. Icomm will provide at least 8 hours of notice for such downtime.
Icomm commits Uptime of 99 % for Availability of formulaHR.
This policy applies to our Client (Organisations) who subscribe to formulaHR Software services, where the end users are the Organisation’s employees, consultants, or other users authorised by the Organisation to use our HRMS software, formulaHR.
The Organisation is the Data Controller of the data collected through our software formulaHR, and we (Icomm) are the Data Processor.
As a Data Processor of data collected in formulaHR, we are responsible for processing data on behalf of the Data Controller viz our Client Organisation. Our software processes data in accordance with the instructions provided by the Data Controller.
As a Data Processor, we have stringent industry standard controls covering people, processes and technology to ensure the security of the data managed by our software.
Client Data Protection and Security: During the term of the Agreement, Icomm shall maintain a formal security program materially in accordance with industry standards that is designed to: (i) ensure the security and integrity of the Client Data; (ii) protect against threats or hazards to the security or integrity of Client Data; and (iii) prevent unauthorized access to Client Data.
The Client understands that its use of formulaHR and compliance with any terms hereunder does not constitute compliance with any Law. The Client understands that it has an independent duty to comply with any and all Laws applicable to it. Icomm shall obligate its personnel(s) and any Affiliates entrusted with processing Client Data to data protection, confidentiality, and secrecy.
Client shall be responsible for maintaining confidentiality of their username, password, and other sensitive access credentials. Client is responsible for all activities that occur in their user account and agree to inform Icomm immediately of any unauthorized use of your user account by email to firstname.lastname@example.org or by calling us on any of the numbers listed on our website. Icomm will not be responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
The Client agrees to indemnify, defend and hold Icomm and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to violation of this Agreement or use of the Site.
Limitation of Liability
IN NO EVENT SHALL ICOMM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR BREACH OF SECURITY WITH RESPECT TO the CLIENT’s DATA, LOSS OF BUSINESS INFORMATION AND OTHER PECUNIARY LOSS AND COSTS OR LEGAL EXPENSES) INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY, ARISING FROM OR RELATED TO THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION THE SERVICE, OR USE THEREOF, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY, EVEN IF ICOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE TOTAL LIABILITY FOR ANY CLAIM OR DAMAGES UNDER THESE TERMS SHALL BE LIMITED TO THE AMOUNT SPECIFIED IN THE AGREEMENT.
Terms of Termination
The Client to provide a 90-days’ notice period to Icomm over a formal email communication to terminate the services. For reasons of non-performance for over 90 days, the Client organization can give a 30 days’ notice period for termination of services. Icomm reserves the right to discontinue services if payments not paid in 60 days. Client may not resell, assign, and transfer any of the rights hereunder, which might result in termination.
Retrieval of Client Data: Upon request by the Client made within thirty (30) days after any expiration or termination of this Agreement, Icomm will make the Client data available in the standard format to Client through the Software on a limited basis solely for purposes of Client retrieving its Data for a period of up to thirty (30) day after such request is received by Icomm. After such thirty (30) days period, Icomm will have no obligation to maintain Client Data and may thereafter, unless legally prohibited, purge all Client Data, pursuant to intimation to the Client.
Icomm shall not be liable for any failure or delay in performing its Services if such failure or delay is due to Force Majeure condition, either wholly or in part such as floods, earthquakes, fires, epidemics, war, riots, strikes or their labour troubles, accidents to machinery, direct or indirect acts, rules, regulations, laws or orders including restrictions on export/import and other licenses passed/imposed by the Government or any other causes beyond the control of Icomm
Icomm if affected by such Force Majeure condition shall forthwith notify the Client of the nature and extent thereof.
If the Force Majeure condition in question prevails for a continuous period in excess of fifteen (15) days, then Icomm and the Client shall enter into bona fide discussion with a view of alleviating its effect by such alternative as may be fair and reasonable.
If the Force Majeure condition in question prevails for a continuous period of one month either Party shall be entitled to terminate this agreement immediately by written notice.
Governing Law and Venue
Any controversy or claim arising out of or relating to the Terms shall be settled and adjudicated exclusively by the courts of Chennai in accordance with the laws of India.
For any questions or comments regarding these General Terms of Service, please contact us at:
Icomm Technologies Private Limited
"Nawazish" 3rd & 4th Floor,
17/30 Khader Nawaz Khan Road
Nungambakkam High Road
Chennai - 600 006
Tel: +91 44 42317118 / 42317119