2GrowHR – a product of SAN Media Pvt. Ltd. Online Subscription Agreement (hereinafter referred to as “Agreement”) is entered into between the entity you represent, or, if you do not designate an entity in connection with the Subscription purchase or renewal, you individually (“Customer,” “you,” or “your”), and SAN Media Pvt. Ltd., a business incorporated in India under the Companies Act 1956, having its principal place of business at 4, Pasumpon Muthuramalinga Thevar Rd, Nandanam Extension, Nandanam, Chennai – 600035, Tamil Nadu, hereinafter referred to as “2GrowHR”, “us,” “we,” or “our” (which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns).
In the following, each of 2GrowHR – product of SAN Media Pvt. Ltd. and the Customer will be referred to as a “Party” individually and as a group as the “Parties.”
Although this Agreement outlines the business relationship between 2GrowHR and the Customer and the division of obligations with regard to the Service that 2GrowHR offers as a subscription and that the Customer wishes to subscribe to.
Thus, the parties concur as follows:
Affiliates: This includes people, organisations, or entities connected to the relevant organisation (2GrowHR or the Customer) through a relationship of agency, consultant, parent entity, subsidiary, sister concern, partner, or any other type of formalised strategic business relationship.
Authorised Party (Parties): This refers to the individual(s) that the Customer has designated to manage, supervise, and administer personnel(s) utilising the 2GrowHR Service. Details about such people must be entered into 2GrowHR’s software.
Confidential Information: This includes any data identified as confidential and provided by the customer in written or intangible (reports) form, including Customer Data, Customer Transaction Data, and other data (verbally or visually).
Customer Data: This refers to all the data that the Customer has uploaded to the 2GrowHR Service.
Customer Success Team: This refers to the 2GrowHR team that oversees advising, guiding, and responding to any concerns customers may have while using the service.
Customer Transaction Data: This is regarding the transactions made by the customer using 2GrowHR.
Documentation: This refers to the documentation that 2GrowHR makes available with the express intention of helping users understand how to use its service.
Intellectual Property Rights: This includes aspects like trademarks, trade secrets, patents, and copyrights on things like code, logos, designs, ideas, and content, among other things.
Malicious Code: Any code that tries to or actually manages to have undesirable effects, compromise system security, or harm the service is referred to as this.
Service or 2GrowHR’s Service: This is a reference to the software as a service (SaaS) that 2GrowHR is providing to the customer in accordance with the Order Form and any further assistance given by 2GrowHR’s Customer Success Team.
Provision of the Service:
During the term of this agreement, 2GrowHR shall:
Provide the Service to the Customer in accordance with the Documentation and the Service Legal Agreement;
Not use Customer Data for any purpose other than to provide the Service, to prevent or address service or technical problems in accordance with this Agreement and the Documentation; or
Not disclose Customer Data to anyone other than Authorised Parties.
Customers can only allow authorised parties access to the service for internal business purposes, and not for any third party’s benefit. Customers must ensure that all customer data is accurate, of high quality, and legal. Customers must also prevent unauthorised access and use of the service and notify 2GrowHR promptly of any such unauthorised access. Customers must not use the service in a way that is against the law or violates privacy rights or send or store malicious code. To receive support services, customers must designate a maximum of named contacts who receive training on the 2GrowHR product(s) for which they submit support requests. Customers are responsible for the actions and inactions of all authorised parties and affiliates. By agreeing to this Agreement, customers allow 2GrowHR and its affiliates to handle and process customer data.
Ownership and Reservation of Rights to 2GrowHR Intellectual Property:
All legal ownership rights to the Service, Documentation, and other 2GrowHR intellectual property rights are held by 2GrowHR and its licensors. Other than what is specifically stated below, no rights are provided to the customer under this agreement.
2GrowHR hereby grants Customer a non-exclusive, non-transferable right to use the Service and Documentation only for internal business purposes of Customer and Affiliates and solely for the Term, subject to the terms and conditions of this Agreement and within the scope of usage stated in the relevant Order.
Merger, Demerger, Amalgamation and Acquisition:
According to the Companies Act of 2013, if the Customer is merged, amalgamated, or demerged, the licence must be transferred to the other companies in accordance with the National Company Law Tribunal or the appropriate court’s order. The cost may vary for any international licence or right transfer in accordance with 2GrowHR policies.
Customers cannot modify, copy, or create derivative works based on the service or documentation, or make it available to any third party through licensing, sublicensing, selling, renting, leasing, transferring, assigning, distributing, timesharing, offering in a service bureau, or otherwise. Customers cannot reverse engineer or decompile any portion of the service or documentation or use it to create any commercially available product or service. Customers cannot copy any software used by 2GrowHR in the provision of the service and documentation, except to the extent required by law.
Ownership of Customer Data:
Customer data is the sole property of the customer, and 2GrowHR does not claim any ownership rights. The customer has the right to access, modify, and delete their data at any time. 2GrowHR will protect customer data from unauthorized access or disclosure.
The statistical information generated by the Service, referred to as “Aggregated Data,” can only be used by 2GrowHR and cannot be used to reveal any individual’s identity or personal information they submitted. 2GrowHR can use the aggregated data for commercial operations, if it does not contain any corporate or personally identifiable information.
A party must not disclose or use any confidential information of the other party without receiving the other party’s prior written consent, except as reasonably required to carry out its obligations or exercise its rights under this Agreement.
Each party promises to keep the other party’s confidential information secure in the same way that it keeps its own similarly sensitive information secure, but never with less care than is reasonable.
Confidential Information of the other party disclosed as required by law by one party will not be considered a breach of this agreement so long as the party so compelled promptly notifies the other party of the required disclosure (to the extent permitted by law) and offers reasonable assistance, at the other party’s expense, if the other party wishes to contest the disclosure.
If a party reveals or uses (or threatens to disclose or use) any Confidential Information of the other party in violation of the confidentiality safeguards hereunder, the other party shall be entitled, in addition to any other remedies available, to injunctive relief to enjoin such activities. This is because the parties understand that any other existing remedies are insufficient.
is or becomes widely known to the public without breach of any obligation owed to the other party;
was known to a party prior to disclosure by the other party without breach of any obligation owed to the other party;
was independently developed by a party without breach of any obligation owed to the other party; or is acquired from a third party without breach of any obligation owed to the other party shall not be considered confidential information.
The exclusions listed in this Section do not apply to Customer Data.
Protection and Security:
To ensure the security and integrity of Customer Data, protect against threats or hazards, and prevent unauthorized access, 2GrowHR will maintain a formal security system that adheres to industry standards and its Security Policy, while also imposing data protection obligations on employees and affiliates. However, customer usage of the Service and adherence to these provisions do not imply compliance with any Law, and it is the customer’s responsibility to abide by relevant laws.
If a party suspects unauthorized disclosure of Customer Data, they must immediately notify the other party and assist in mitigating any harm or offering credit reporting services to affected individuals. Each party is responsible for paying remediation expenses if they contributed to the breach or security incident.
2GrowHR is only liable for damages resulting from unauthorized disclosure or breach of customer data caused by its acts or omissions. If the breach was caused by the customer’s personnel, affiliates, or other organizations, 2GrowHR is not liable for any consequences.
Invoices & Payments:
Payment for Service fees must be made within seven days of the invoice date, unless otherwise specified. Payment methods include online bank transfers, bank deposits, cheques, and the payment gateway URL in the invoice. Non-payment by the due date may result in the stoppage of services at 2GrowHR’s discretion. Customers can access the application by paying the subscription charge. In addition to any other rights or remedies it may have under this Agreement or by law, 2GrowHR reserves the right to suspend service without liability to the customer if the customer’s account is more than sixty (60) days past due.
Non-Cancelable & Non-Refundable:
All payment obligations under Order Forms are non-cancelable, and all payments made are non-refundable, unless expressly stated to the contrary under the SLA. During the Period, the licensing rights for the number of employees specified on any applicable Order Form cannot be reduced.
2GrowHR’s fees do not include any taxes, except for income tax, unless otherwise specified in an Order Form. The customer is responsible for paying all taxes related to their purchases and must provide a valid tax exemption certificate to receive any entitled exemptions. If required by law, the customer must withhold taxes within 30 days of being informed of their legal obligation.
Both parties must ensure that they have the legal right to enter into the Agreement and abide by all relevant laws. 2GrowHR guarantees that the Service will function substantially in accordance with the Documentation, will not violate any intellectual property rights, will be provided in compliance with applicable laws and regulations, and will be free from malware and other harmful software. In the event of technical issues or interruptions, 2GrowHR will use commercially reasonable efforts to resolve them promptly.
2GrowHR does not provide any warranties, whether express or implied, except for the limited warranties explicitly stated in the agreement. Specifically, 2GrowHR disclaims any implied warranties, including those of merchantability or fitness for a particular purpose.
The agreement begins on the Effective Date and continues until the end of the term specified in the Order Forms or until terminated with written consent from both parties. The start date and duration of subscriptions are mentioned in the Order Form. Customers can deactivate or cancel their account at any time using the “Account” page without any additional cost, but data will become inaccessible and permanently deleted. 2GrowHR can suspend or cancel accounts at any time and for any reason and has the right to reject anyone’s service. Inactive accounts for more than 90 days will be permanently deleted, and no refund will be given if the customer stops using the service before or after the end of the subscription term.
2GrowHR has the right to change or temporarily suspend the Service (or parts of it) without prior notice due to unforeseen software defects, security issues, or contractual obligations. Customers will be notified as soon as possible. Prices for the Service, including subscription costs, may be changed with 30 days’ notice, which may be given through a written notice or by posting the changes on the 2GrowHR website or Service. If the Service is changed, pricing is altered, or it is suspended or discontinued, 2GrowHR will not be held responsible.
If you have any questions or concerns regarding this agreement, please contact us at email@example.com