The terms of service as hereafter set forth (“Agreement”) sets out the basis which Reckon System (Asia) Limited (Hereafter known as “Reckon”, “We”, “Us” or “Our” as the context requires) makes our applications available at http://www.estaff.reckon.com.hk or through the app versions (collectively, the “Reckon Self Service”). A reference to the “Reckon Self Service” includes but is not limited to any functionalities, services or features offered via or in connection with the platform, including the software as a service model cloud HRMS solution software which is accessible at http://www.estaff.reckon.com.hk and any related software used in connection with the platform, including any reports, records and other deliverables generated through the platform.
By using the platform on your computer or mobile device and/or clicking a box indicating your acceptance, you agree to be bound by the terms of this agreement.
Certain functionalities, features or services on the platform will only be accessible on a subscription basis, and you may need to execute an official quotation and the terms and conditions of this agreement shall be incorporated into the quotation. In case of any inconsistency, discrepancy or omission between the terms and conditions of this agreement and any term and condition of the quotation, the terms and conditions of the quotation shall prevail.
We may change this agreement from time to time by posting amendments at the following url: http://reckon.com.hk/terms-and-conditions/ By you continuing to use the platform after any such amendment, you agree to be bound by the agreement as so amended.
1. YOUR USE OF THE RECKON HR ADMINISTRATION PORTAL
1.1 Subject always to your continuing compliance with the terms of this Agreement and payment of the relevant fees for the Reckon HR Administration Portal, Reckon agrees to grant you and your authorised users a non-exclusive, non-sublicensable and non-transferable licence to use the Reckon HR Administration Portal insofar as owned by or licensed through us on any compatible device owned by you during the term of this Agreement, and only for your internal business purposes, on and subject to the terms of this Agreement. All other rights not expressly granted to you are reserved by Reckon.
1.2 Use of the Reckon HR Administration Portal is subject to the usage limits as set out in the relevant quotation. If you exceed the usage limit, you shall promptly notify Reckon and work with Reckon to promptly change your usage to comply with the limit. You agree and acknowledge that Reckon is entitled to invoice you for any usage exceeding the usage limit.
1.3 Access to some software components used in our Reckon may be offered under third party licences as we may notify you of, in which case your use of those components is governed by such terms to the extent only of any inconsistency between this Agreement and those terms.
1.4 You undertake not to (and shall not, knowingly or otherwise, authorise, allow or assist any third party to):
• reproduce, transfer, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Reckon HR Administration Portal, use of the Reckon HR Administration Portal, or access to the Reckon HR Administration Portal;
• modify or adapt the whole or any part of the Reckon HR Administration Portal, or permit the Reckon HR Administration Portal or any part of it to be combined with, or become incorporated in, any other application, programs or other platforms created by you;
• decompile, reverse engineer or otherwise attempt to discover the source code of our Reckon HR Administration Portal or any components thereof, except under any specific circumstances expressly permitted by law or by us in writing;
• communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the Reckon HR Administration Portal;
• use the Reckon HR Administration Portal in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any applicable law, including infringement of our intellectual property rights or those of any third party in relation to the Reckon HR Administration Portal;
• use the Reckon HR Administration Portal in a way that could damage, disable, impair or compromise the Reckon HR Administration Portal (or the systems or security of the Reckon HR Administration Portal or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of Reckon;
• use any automated process or service to access and/or use the Reckon HR Administration Portal;
• provide, distribute or share, or enable the provision, distribution or sharing of, the Reckon HR Administration Portal (or any data associated therewith) with any third party;
• reproduce, adapt, republish, translate, publish, display, communicate, hyperlink, post, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit the whole or any part of the Reckon HR Administration Portal in any manner or by any means or stored in an information retrieval system except to the extent permitted and with our prior written permission and/or that of the relevant rights owner;
• reproduce, display or otherwise provide access to the Reckon HR Administration Portal on another website or server, for example through framing mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without our prior written permission; and
• transmit or introduce any viruses, corrupted files, harmful elements, or any materials during the course of your use of the Reckon HR Administration Portal that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) promotes unlawful violence; or (iv) is otherwise illegal or causes damage or injury to any person or property, and we reserve the right, without liability to or prejudice to our other rights against you, to disable your access to any material that breaches the provisions of this sub-Clause (k), or to terminate or suspend your access to the Reckon HR Administration Portal.
1.5 You further undertake to:
• at your sole responsibility and at your own cost:
o obtain all necessary hardware, software and communications services necessary for your use of the Reckon HR Administration Portal; and
o in the event where you subscribe to our on-premise software, install antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of such on-premise software;
• comply with all applicable laws;
• where applicable, be solely responsible for payment of all relevant Fees for the use of the Reckon HR Administration Portal, and abide by all applicable payment terms as we may make known to you from time to time on our Reckon Self Service; and
• procure that your authorised users use the Reckon HR Administration Portal in accordance with this Agreement. You shall be responsible to Reckon for any breach of this Agreement by any of your authorised users.
1.6 You acknowledge and agree that:
• when using our services, you shall be subjected to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Reckon also may offer other services from time to time, which are governed by different terms and conditions;
• Reckon may establish general practices and limits concerning use of the Reckon. You agree that Reckon has no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the Reckon. You acknowledge that Reckon reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Reckon reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice;
• Reckon shall have the right (but not the obligation) to remove or disable access to any content which we deem to be potentially defamatory of any person, unlawful, objectionable in any way, in violation of any third party rights, or for any reason whatsoever. Any editing or removal of any such content from the Reckon HR Administration Portal shall be without prejudice to our other rights and remedies available at law;
• the intellectual property rights in all materials published on the Reckon HR Administration Portal (including, but not limited to documents or data in any format, news articles, photographs, images, illustrations, audio clips and video clips) are owned by Reckon or the party credited as the provider of such materials. You shall at all times abide by all additional copyright notices, information, or restrictions contained in any materials accessed through the Reckon HR Administration Portal;
• the licences granted herein do not confer on you any rights to use any other intellectual property rights of Reckon, including the Reckon logo and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Reckon HR Administration Portal, all of which are and remain the property of Reckon;
• we shall have the right to at any time and from time to time:
o switch to another data centre hosting any of the underlying infrastructure, middleware, application software, and application data as determined by Reckon in its sole and absolute discretion, without ascribing any reasons whatsoever;
o automatically update the Reckon HR Administration Portal and its components, add or remove functionalities, features or services (collectively, “Staff Portal Functions”) and
o deny or restrict access to the Reckon HR Administration Portal or any Staff Portal Functions whether to any user or generally, or to block access from or to any resources, at any time, including in the event of a violation or alleged violation of this Agreement, your act or omission that causes harm to Reckon’s or its affiliates’ brand, reputation or business as determined by Reckon in its sole and absolute discretion, without ascribing any reasons whatsoever,
• and in any such event, you agree that no claims shall lie against us or our affiliates, employees, agents or our service providers (collectively, “Reckon Personnel”) in connection therewith; and
• unless explicitly stated otherwise, any new features that augment or enhance the Reckon HR Administration Portal, shall be subject to the terms of this Agreement
1.7 In the event where you subscribe for our subscription or maintenance services as set out in the quotation, such subscription or maintenance services shall include:
• the hosting of data and attachments, regular backup and disaster recovery at Amazon Web Services data centre;
• software updates in connection with government legislative changes, software patches and software enhancements; and
• telephone support from 10 a.m. to 6 p.m. (local time in HKG), Monday to Friday, excluding public holidays. Any and all software or technical enquiry shall be raised through Reckon’s ticketing system via the Reckon HR Administration Portal, unless otherwise agreed in writing between the parties.
1.8 Nothing herein prohibits your exercise of any express statutory rights you may have under applicable law in relation to the Reckon HR Administration Portal.
2. YOUR ACCOUNT
If in connection with your use of the Reckon HR Administration Portal, an account on the Reckon HR Administration Portal is created for you, the following terms shall apply:
• You shall provide true, accurate, current and complete information about yourself (“Personal Information”), and maintain and promptly update the Personal Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Reckon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Reckon has the right to suspend or terminate your account and refuse any and all current or future use of the Reckon HR Administration Portal (or any portion thereof).
• You will receive a password upon activation of your account for certain functionalities, features or services on the Reckon HR Administration Portal.
• You shall not provide, distribute or share, or enable the provision, distribution or sharing of, your log-in credentials (or any data from the Reckon HR Administration Portal associated therewith) with any third party.
• Reckon will treat all data and information provided by you as well as interactions with the Reckon HR Administration Portal to have been provided or carried out by you without further inquiry or investigation. We may also prescribe other security procedures applicable to the Reckon HR Administration Portal, which you must comply with.
• You shall, in your sole responsibility, maintain the confidentiality of your account information for the Reckon HR Administration Portal (including any usernames and passwords) and ensure that that you exit from your account at the end of each session. You shall not at any time disclose such account information to any other party. You will be fully responsible for any disclosure or unauthorised use thereof and for all activities that occur under your password or account.
• Reckon shall not be responsible or liable for any loss caused to or damage incurred or suffered by you or any person by reason of or arising from or as a consequence of any use of your account information, performing any transactions, and/or your failure to comply with this Clause 2. If you believe that the security of your account information has been compromised, you shall forthwith notify Reckon immediately.
• By using the Reckon HR Administration Portal, you represent and warrant that:
o you have the full right, power, and legal authority to enter into this Agreement;
o you will not authorise other persons to use your account nor transfer or assign it to any other person;
o you are not impersonating any other person, operating under an alias or otherwise concealing your identity; and
o you will not use the Reckon HR Administration Portal for unauthorised or unlawful purposes and impair the proper operation of the Reckon HR Administration Portal.
• Reckon shall be entitled, in the exercise of our sole discretion, to (A) refuse your application or to terminate the use of your account if you fail to fulfil any one of the eligibility criteria above; and/or (B) change the eligibility criteria for registration at any time.
• You may terminate your account at any time by giving Reckon one (1)months’ notice in writing.
3. SUBSCRIPTION AND TERMINATION TERMS
3.1 Annual contract, prepaid
3.1.1. Subscription Terms
Your subscription begins as soon as your initial payment is processed. You will be charged, in one lump sum, the annual rate stated at the time of purchase, plus applicable taxes. Your subscription will automatically renew on your annual renewal date until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every year until you cancel.
We will automatically charge you the then-current rate for your plan, every year upon renewal until you cancel. We may change your plan’s rate each annual renewal term, and we will notify you of any rate change with the option to cancel.
If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription. You can edit your payment information anytime in your Reckon HR Administration Portal page.
3.1.2. Termination Terms
You can terminate your subscription anytime via your Reckon HR Administration Portal Account page or by contacting Customer Support. However, unless otherwise specified, your purchases are non-refundable.
3.2. Annual contract, direct debit and bank transfer
3.2.1. Subscription Terms
Your subscription begins as soon as your initial order is processed (or after funds are received from your bank transfer or convenience store payment). Full payment of the stated annual rate, plus applicable taxes, is due within 30-days of placing your order.
3.2.2. Termination Terms
You can cancel your subscription anytime via your Reckon HR Administration Portal page or by contacting Customer Support. However, unless otherwise specified, your purchases are non-refundable.
3.3. We have the right to terminate and/or suspend your account and/or access to the Reckon HR Administration Portal, where applicable, if you breach this Agreement; or you make any voluntary arrangement with your creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or an encumbrancer takes possession, or a receiver is appointed, of any of your property or assets.
3.4. Upon suspension or termination of your use of the Reckon HR Administration Portal:
you shall immediately cease access to or use of the Reckon HR Administration Portal and Reckon is entitled to block or delete your accounts;
all rights and licenses granted hereunder immediately cease;
any accrued right or liability of either party shall not be prejudiced;
you remain liable for all payment transactions and/or any other obligations you may have incurred under this Agreement;
3.5. Data Management for Terminated Customer:
3.5.1. All data will be purged from production database within 1 week after termination date.
3.5.2. All data backup will be purged within 1 week after the termination date.
3.5.3. The data backup in Azure will have 2 weeks retention period. That means all data in production database within 1 week after termination date.
4. Services Details
|Employee Management||Detailed employee profile containing information such as payroll record, employment history, compensation & benefits, education & qualificationExport of employee data (in Excel format)Enhanced search function with multiple search keys, such as salary range, position etcFlexibility of creating multiple records for one particular employee under the same MPF pay centerReminder function for expiry of working visa, completion of probation period etcLeave management platform with the capability to automate calculation of payroll and MPF contributions|
|Leave Management||Leave management platform with the capability to automate calculation of payroll and MPF contributions|
|MPF management||Handling of back-payment for terminated staffHandling of wash-up bill for newly employed staffAdditional Voluntary Contribution (AVC) calculation logic (applying to both relevant income and payment type)AVC automation (with reference to pre-determined contribution scale)Generation of MPF RS by pay center level with the flexibility in export format to PDFReminder function for submission of MPF enrolments document before reaching the 60″ day of employment|
|Payroll Processing||Final payment calculation automation, Including 1.513/5P, annual leave deduction, last month salary etcAutomatic split of payroll files (if more than 1000 transactions) for import into Business Internet Banking (BIB)Pro-rata calculation of first-month salary for newly employed staffIncorporation of rules governing minimum statutory wage as part of calculation logic|
|Taxation Management||Handling of IR56B, 56E, 56F, 56G & 56M|
|Number of Company|
5. DATA PROTECTION POLICY
5.1 It is a continuing condition of your use of the Reckon HR Administration Portal that you agree and consent to Reckon, as well as our representatives and/or agents, collecting, using and disclosing and sharing amongst ourselves your personal data, and disclosing such personal data to our authorised service providers and relevant third parties in accordance with the terms of our data protection policy as amended from time to time, available at https://reckon.com.hk/privacy-policy/ (“Policy”), the terms of which are also incorporated into this Agreement by reference and apply to your use of the Reckon HR Administration Portal.
5.2 You hereby agree and acknowledge that where we process your personal data in connection with the provision of the Reckon HR Administration Portal.
5.3 If in connection with your use of the Reckon HR Administration Portal, you provide the personal data of any third parties (including any users of the Reckon HR Administration Portal), you warrant and represent that the said third parties have also consented to the terms of the Policy, and to the collection, use and disclosure of their personal data in accordance with the aforesaid.
5.4 You warrant and represent to us that all personal data which is submitted to us by you through your use of the Reckon HR Administration Portal is complete, accurate, true and correct.
5.5 Reckon shall in its collection, use, disclosure and/or processing of personal data, for any purposes in connection with this Agreement, adhere to all applicable data protection and privacy laws.
5.6 In the event of any actual or suspected unintended breach, Reckon will notify the customers without undue delay, within 24 hours after establishing that the data breach is likely to result in significant harm or impact to the individuals to whom the individual relates, or of a significant scale.
5.7 Reckon shall undertake to:
– process personal data only for purposes arising out of or in relation to this Agreement;
– protect personal data in its possession or under its control by making reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks; and
– cease to retain its documents containing personal data, or remove the means by which the personal data can be associated with particular individuals, as soon as it is reasonable to assume that:
the purpose for which that personal data was collected is no longer being served by retention of the personal data; and
retention is no longer necessary for legal or business purposes.
5.8 The Reckon HR Administration Portal may provide links to external sites whose data protection and privacy practices may differ from those set forth here. We are not responsible for the content and privacy practices of these other websites and you agree to review and abide by the data protection and privacy notices of those sites.
5.10 The Reckon HR Administration Portal may also use digital certificates. You are solely responsible for deciding whether or not to rely on such certificates and your reliance on any digital certificates is at your sole risk.
6. FORCE MAJEURE
Save as otherwise specifically provided in the Agreement, we shall not be liable for failures or delays in performing our obligations hereunder arising from any cause beyond Reckon’s reasonable control, including without limitation, any breakdown or malfunction of hardware, software, networks or systems used in connection with the Reckon HR Administration Portal, acts of God, outbreak of hostilities, civil disturbance, acts of civil or military authority, fires, strikes, lockouts or labour disputes or industrial action of any kind, epidemics, governmental restrictions, wars, terrorist acts, riots, explosions, fire, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems, and in the event of any such delay, the time for our performance shall be extended for a period equal to the time lost by reason of the delay and any additional recovery time required by us.
You shall not assign, transfer, sub-contract or in any other manner make over to any third party the rights, benefit and/or obligations under this Agreement without the prior written consent of Reckon.
You hereby grant to Reckon a non-exclusive, perpetual, sublicensable, royalty-free licence to Reckon to use, display and reproduce your trade name(s), corporate mark(s) and logo(s) to identify you as a customer of Reckon in connection with corporate publicity or marketing purposes.
9.1 Each of the terms and conditions in this Agreement is severable and distinct from one another and if at any time, any one or more of this Agreement and conditions or any part thereof is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will not thereby be affected or impaired in any way and will remain in force.
9.2 The rights and remedies provided in this Agreement are cumulative and not exclusive of any other right or remedies (whether provided by law or otherwise).
9.3 No failure on our part to exercise and no delay on our part in exercising any right or remedy under this Agreement will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right of remedy. Any waiver by us of our rights or remedies in respect of any terms under this Agreement or any breach of this Agreement on your part must be in writing and may be given subject to such terms and conditions as we may deem fit and is effective only in the instance and for the purpose for which it is given.
9.4 Unless the context otherwise requires, words importing the singular shall also include the plural and vice versa. Words denoting the masculine gender include the feminine gender and both shall include the neuter gender.
9.5 The headings in this Agreement are inserted for ease of references only and shall not affect the construction of this Agreement.
9.6 This Agreement, and the documents in it, constitutes the entire agreement between you and us with respect to your use of the Reckon HR Administration Portal and you have not entered into this Agreement in reliance upon any representation, warranty or undertaking of Reckon which is not set out in this Agreement. Nothing in this Clause 16.6 shall however operate to limit or exclude liability for fraud.
9.7 The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
9.8 The failure of Reckon to exercise and/or enforce, and no delay on its part in exercising and/or enforcing, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
9.9 The parties hereto are independent contractors and neither party is a partner or joint venturer or employee or agent of the other nor is either party entitled to act as the other party’s agent nor shall the latter be liable in respect of any representation act or omission of the former of whatever nature. For the avoidance of doubt, each party shall have no authority, express or implied, to assume or create any obligation or liability on behalf of the other party, and shall have no authority to represent the latter in any other capacity except as expressly provided in this Agreement.
9.10 Except for the Indemnitees referred to in Clause 8.1, a person who is not a party to this Agreement shall have no right to enforce or enjoy the benefit of any term of this Agreement. Notwithstanding any term of this Agreement, the consent of any person who is not a party to this Agreement is not required to rescind or vary this Agreement at any time.