AEGIS

Terms & Condition

Welcome to WWW.AEGISHRMS.COM

These terms and conditions outline the rules and regulations for the use of Company Argan Technology Services Pvt Ltd, (including its subsidiaries or affiliated companies, henceforth also referred as ‘aegishrms’ )located at www.aegishrms.com here onwards and or named as AEGISHRMS.

By accessing this www.aegishrms.com website we assume you accept these terms and conditions.

This agreement is a binding contract and governs the use of and access to the services by you, agents and end-users whether in connection with a paid subscription or free trial for the services.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our”, “Us” and “aegishrms”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. 

Services offered by aehishrms are subject to the terms of our website/platform, policies (i.e. Terms of Use, Privacy Policy, Cancellation and Refund Policy etc.] (“Policies”), available at ‘https://www.aegishrms.com/’ (“Website”). By contacting aegishrms for the services or availing the services or by registering with us or by accepting this Agreement, now or in the future, you being the person or entity placing an order for or accessing the Service (“Subscriber” or “Customer” “you”, “your”, “yourself” or “user”) signify that you agree to these Terms of the Agreement (“Terms”) and the Policies.

  1. SERVICE/SERVICES

The purpose of this Agreement is to establish the terms and conditions under which Subscriber may purchase aegishrms Services and Professional Services as described in a Service Order, Statement of Work or other document signed or agreed to by the Subscriber.

In the event of any inconsistency or conflict between the terms of the Main Services Agreement and the terms of any Service Order or Statement of Work, the terms of the Service Order or Statement of Work shall control.

  1. Service. Argan Technology Services Pvt Ltd with Brand Name AEGISHRMS is in the business of software development and implementation of HRMS (Human Resource Management Services) product named ‘AEGISHRMS’. 
  2. The following terms and conditions regulate the provision of Software Subscription Services for their Customers 
  3. Aegishrms will use commercially reasonable efforts to make the Services available twenty-four (24) hours a day, seven (7) days a week, except during (a) Planned Downtime (of which aegishrms will give advance notice via the Site or to the Account owner); and (b) Force Majeure Events.
  4. Support. aegishrms will, at no additional charge, provide Subscriber standard customer support for the Services as detailed on the applicable Site and Documentation. If purchased by Subscriber, aegishrms will provide upgraded support or support that includes service level agreements.
  5. Professional Services. Upon Subscriber’s request, aegishrms may provide Professional Services subject to the terms and conditions.
  6. Modifications. Subscriber acknowledges that aegishrms may modify the features and functionality of the Services during the Subscription Term. Aegishrms shall provide Subscriber with thirty (30) days’ advance notice of any deprecation of any material feature or functionality. Agishrms will not materially decrease the overall functionality of the Services purchased by Subscriber during the Subscription Term.
  7. Additional Features. Aegishrms will notify Subscriber of applicable Supplemental Terms or alternate terms and conditions prior to Subscriber’s activation of any Additional Features. Subscriber’s activation of any Additional Features in Subscriber’s Account will be considered acceptance of the applicable Supplemental Terms or alternate terms and conditions where applicable.
  1. PAYMENT AND PLANS 
  1. All Subscription Charges are due in full upon commencement of the Subscription Term. Subscriber is responsible for providing valid and current payment information and Subscriber agrees to promptly update the Account information, including payment information, with any changes that may occur (for example, a change in Subscriber’s billing address or credit card expiration date). 
  2. If Subscriber fails to pay Subscription Charges or any other charges indicated on any Service Order or Statement of Work, or in any Supplemental Terms, within five (5) days of Aegishrms’s notice to Subscriber that payment is delinquent, or if Subscriber does not update payment information upon Aegishrms’s request, in addition to other remedies, Aegishrms may suspend access to and use of the Services by Subscriber, Agents and End-Users. 
  3. If Subscriber chooses to upgrade the Service Plan or increase the number of Agents authorized to access and use a Service during the Subscription Term, any incremental Subscription Charges associated with such upgrade will be charged in accordance with the remaining Subscription Term. In any subsequent Subscription Term, the Subscription Charges will reflect any such upgrades.
  4. Subscriber may not downgrade its Service Plan or reduce the number of Agents during any Subscription Term. Subscriber may only downgrade its Service Plan or reduce the number of Agents under any Service Plan for a subsequent Subscription Term at the end of the then-current Subscription Term by providing Aegishrms with thirty (30) days prior written notice indicating which instances will be affected and the details of the downgrade requested. In the event of a downgrade, Subscriber must demote any downgraded Agents prior to the beginning of the subsequent Subscription Term. Downgrading the Service Plan may generate additional costs (e.g., storage costs) and cause loss of content, features, or capacity of the Service as available to Subscriber under an Account, and Aegishrms is not responsible for such loss. 
  5. Aegishrms reserves the right to unilaterally determine and modify its pricing for the aegishrms pricing. Where an Invoice is in effect, the pricing for the Aegishrms shall remain as agreed for the term specified in such Invoice.
  6. Payment Portals. If Subscriber mandates Aegishrms to use a vendor payment portal or compliance portal that charges Aegishrms a subscription fee or a percentage of any uploaded invoice as a required cost of doing business, Subscriber shall be invoiced by Aegishrms for, and Subscriber is obligated to pay, the cost of this fee.
  7. Promotional Credits. Any promotional credits issued hereunder will be subject to the Aegishrms Promotional Credits Policy available on the Aegishrms Agreements and Terms Website.
  8. viii.If Subscriber registers for a free trial for any of the Services, Aegishrms will make such Services available to Subscriber pursuant to this Agreement as well as the terms and conditions.
  1. CANCELLATION & REFUND
  1. All payments are non-cancellable and all amounts paid are non-refundable whether or not the aegishrms is actively being used or not. In the event Subscriber terminates the Agreement Aegishrms is under no obligation to refund the fees paid by the Subscriber.
  2. All pricing terms provided for the Subscriber are confidential and Subscriber agrees not to disclose them to any third party without prior written authorization.
  3. In no event will Aegishrms’s termination for cause relieve Subscriber of its obligation to pay any fees payable to Aegishrms for the period prior to termination.
  4. No refunds or credits for Subscription Charges or other fees or payments will be provided if Subscriber terminates a subscription to a Service or cancels its Account prior to the end of a Subscription Term.
  1. TAXES
  1. Subscriber shall be responsible for paying the Taxes in addition to the fees applicable for the aegishrms Platform as specified in the Invoice. If the Subscriber is withholding Taxes, Subscriber shall pay the withholding Tax directly to the appropriate government entity and shall furnish a tax certificate to Argan Technology Services Pvt Ltd evidencing such payment within hundred (90) days of making such payments. 
  2. In the event of a failure to furnish the tax certificate within the timer period specified herein, the concerned tax amount shall be fortified by aegishrms.
  1. Use of Software.
  1. Subscriber may not use the Services in any manner where Subscriber acts as a service provides any outsourced business process services on behalf of more than one (1) third party (other than Affiliates) through a single Account. This provision is not intended to prevent or inhibit the use of the Services to provide business support to multiple End-Users; however, Subscriber agrees not to license, sublicense, sell, outsource, rent, lease, transfer, assign, distribute, time-share or otherwise commercially exploit or resell the Services to any third party, other than authorized Agents and End-Users in furtherance of Subscriber’s internal business purposes as expressly permitted by this Agreement, unless expressly agreed to otherwise in writing by Aegishrms. 
  2. Without limiting the foregoing, Subscriber’s right to access and use the API is also subject to the restrictions and policies implemented by Aegishrms from time to time with respect to the API as set forth in the Documentation or otherwise communicated to Subscriber in accordance with this Agreement.No Competitive Access. Subscriber may not access the Services for competitive purposes or if Subscriber is a competitor of the Aegishrms. It may subject to the following legal justifications: a. Section 52(1)(b) of the Copyright Act: This section explicitly permits users to “load, install, run, use, display, modify and adapt” computer programs for their intended purpose. b. Fair Dealing Provisions: The “fair dealing” exceptions outlined in Section 13 of the Copyright Act may also be applicable, depending on the specific circumstances of our Software use. c. IT Act Provisions: The intermediary liability protections under Section 39 of the IT, unless expressly agreed to otherwise in writing by Aegishrms.
  3. Subscriber agrees to comply with the Aegishrms User Content and Conduct Policy (as defined below) which is hereby incorporated into this Agreement. Further, in Subscriber’s use of the Services Subscriber agrees not to (a) modify, adapt, or hack the Services or otherwise attempt to gain unauthorized access to the Services or related systems or networks; (b) attempt to bypass or break any security or rate limiting mechanism on any of the Services or use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services and its components; (c) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any Software making up the Services; or (d) to the extent .
  4. As between Subscriber and Aegishrms, Subscriber is responsible for compliance with the provisions of this Agreement by Agents and End-Users and for any and all activities that occur under an Account, which Aegishrms may verify from time to time.
  5. System Requirements. A high-speed Internet connection is required for proper transmission of the Services. Subscriber is responsible for procuring and maintaining the network connections that connect Subscriber’s network to the Services including, but not limited to, browser software that supports protocols used by Aegishrms.
  6. Ownership of Service Data. Subscriber shall retain ownership rights, including all Intellectual Property Rights, to all Service Data processed under the terms of this Agreement.
  7. Aegishrms also reserves the right to immediately suspend Subscriber’s Account for Subscriber’s violation of the Aegishrms User Content and Conduct Policy. Unless legally prohibited from doing so or where Aegishrms is legally required to take immediate action, Aegishrms will use commercially reasonable efforts to notify Subscriber via email when taking any of the foregoing actions. Aegishrms shall not be liable to Subscriber, Agents, End-Users or any other third party for any modification, suspension or discontinuation of Subscriber’s rights to access and use the Services. Aegishrms may refer any suspected fraudulent, abusive, or illegal activity by Subscriber, Agents or End-Users to law enforcement authorities at Aegishrms’s sole discretion.
  8. Our team involving in development about the current trend on the particular domain and user expectation on the product. Thereafter we approve the concept and do the product development so our almost satisfy the buyers needs. Even though in any case if you would like to customize you can contact  support@aegishrms.com they will get back you with the costing.
  1. CANCELLATION AND TERMINATION
  1. Services Agreement begins on the Effective Date and will remain in effect as long as the Subscriber has a valid Service Order/Statement of Work or until this Main Services Agreement is otherwise terminated in accordance with the terms hereof, whichever occurs first. 
  2. The Subscription Term will be defined in each individual Service Order. Unless an Account and subscription to a Service are terminated in accordance with this Agreement or the applicable Service Order, or unless otherwise stated in the applicable Service Order, (a) Subscriber’s subscription to a Service (including any and all Deployed Associated Services) will renew for a Subscription Term equivalent in length to the then-expiring Subscription Term; and (b) the Subscription Charges applicable to any subsequent Subscription Term shall be Aegishrms’s Standard Subscription Charges for the applicable Service Plan and Deployed Associated Services at the time of such renewal.
  3. Either Party may elect to terminate an Account and subscription to a Service at the end of the then-current Subscription Term by providing notice to support@aegishrms.com no less than thirty (30) days prior to the end of such Subscription Term.
  1. Disclaimers. 
  1. Subscriber understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. Aegishrms expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. 
  2. Aegishrms makes no warranty that the services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from aegishrms, its employees or representatives shall create any warranty not expressly stated in the agreement.
  1. Limitation of Liability
  1. You agree that aegishrms shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if aegishrms has been advised of the possibility of such damage. In no event shall aegishrms’s entire liability to you in respect of any service, whether direct or indirect, exceed twenty thousand rupees (₹ 20,000) or the fees paid by you during the twelve (12) months prior to the first event giving rise to such liability, whichever is higher.
  1. Indemnification
  1. You agree to indemnify and hold harmless AEGISHRMS, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Agreement , or any other claim related to your use of the Services, except where such use is authorized by AEGISHRMS.
  1. Governing law and Jurisdiction
  1. Any controversy or claim arising out of or relating to the Terms shall be settled and adjudicated exclusively by the courts of Pune in accordance with the laws of India without regard to conflict of law principles.
  1. Modification of Terms of Service
  1. We may modify this Agreement upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing AEGISHRMS notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.
  1. End Of Terms Of Service

If you have any questions or concerns regarding this Agreement, please contact us at support@aegishrms.com.




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