- NON-DISCLOSURE AGREEMENT
- All domain & private HR/Employee information/data is confidential property of your organization called “Your IPR “. Cnergyis 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 Cnergyis HCM Platform & Services for the “Transactions” under “service” of contract.
(B) Cnergyis 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 consent between both parties.
(E) Jurisdiction Mumbai Courts.
- All public domain information about your company, is not under the NDA.
- Standard Terms & Conditions
|Standard Cnergyis Cloud HCM Platforms Deliverables:||(1) Cloud Infrastructure
(2) Cloud Hardware
(3) Cloud HCM software
(4) Cloud application monitoring
(5) Cloud patch statutory upgrades
(6) Tele support (IT).
(7) Maintenance – Administration / Configuration Management to be done by Customer
|Standard Cnergyis Payroll Outsourcing Services Deliverables (if opted for)||(1) Salary register for Management and Staff
(2) Salary processing & audits
(3) ESS payslip management
(4) Investment verification by 10th February
(5) Tax calculations online by 28th February
(6) Form 16 issued
(7) Employee Help Desk support service
|Prices for Standard Deliverables:||Online prices payable for standard deliverables with an annual 10% increase.|
|Prices for Non Standard Deliverables:||Additional commercials, based on effort agreement and cost of service payable additional.|
|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 3(Three) years, extendible subsequently mutually.|
|Independent Contractor:||Cnergyis 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 Cnergyis 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 Cnergyis by sending mail to firstname.lastname@example.org 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)Cnergyis 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. Cnergyis may assign this agreement to any Affiliate Business Implementation Partner at any time without notice. Relationship with Cnergyis and You is that of independent contractors.
|Confidentiality, Intellectual Property (IPR):||HCM platform & Customer, Policies, Business Processes, Workflow are a Cnergyis IPR. Data is a customer IPR. Public domain information is non IPR.|
|Guarantee:||(1) Within 7 days of Invoice date. Dispute to be raise in within 7 days after invoice else it results in waiver of your right to this claim. Reference records of only Cnergyis to be used for payments.
(2) Active period of “Provisioned Service”; (if you have discontinued Cnergyis 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, VAT, Service Tax etc… levied by Government bodies will be applicable and executed by both parties as per law|
|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 marketing / promotion campaign service of Cnergyis is used, you agree to pay within 15 days of Cnergyis HCM Infrastructure Provisioning. Delays charged @ 15 % p.a.|
|Publicity:||Cnergyis can use your “logo” as a business Customer in any media form. Vice versa possible with intimation to email@example.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 Cnergyis and its Business Affiliate and applicable third parties harmless against any/ all third party claims.|
|Information Rights:||Cnergyis 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. Cnergyis disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party. Cnergyis 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. Cnergyis 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.|