1. ACCEPTANCE OF TERMS
By accessing or using MARKHRiS Cloud Payroll & HR System (“MARKHRiS” or the “Service”), you agree to be bound by these Terms and Conditions (“Agreement”).
If you do not agree, you must immediately cease using the Service.
The Service is owned and operated by Excel Systems Sdn. Bhd. [198901005501 (182806-W)] (“Company”).
2. DEFINITIONS
- “Service”: MARKHRiS software and related services
- “User” / “You”: the subscribing entity or individual
- “Data”: all data entered, uploaded, or generated within the Service
- “Subscription Period”: the active paid period of use
3. LICENSE & PERMITTED USE
The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during the Subscription Period.
You shall NOT:
- Reverse engineer, decompile, or copy the system
- Resell, lease, or commercially exploit the Service
- Use the Service for unlawful purposes
- Interfere with system security or performance
The Company reserves the right to monitor usage to ensure compliance.
4. FEES, PAYMENT & SUSPENSION
4.1. Fees
Fees are based on:
- Published pricing; or
- Official quotation
4.2. Payment Terms
- Payment must be made in advance
- All fees are non-refundable
- Late payment may result in suspension without liability
4.3. Price Revision
The Company may revise pricing with at least fourteen (14) days prior notice.
4.4. Suspension Rights
The Company may suspend access if:
- Payment is overdue
- There is suspected misuse or breach
- Required by law
5. ACCOUNT RESPONSIBILITY & SECURITY
You are responsible for:
- Maintaining account confidentiality
- All activities under your account
- Ensuring authorised access only
You must immediately notify the Company of:
- Unauthorized access
- Security breaches
The Company is not liable for losses caused by compromised credentials.
6. DATA PROTECTION & PRIVACY
6.1. Ownership
You retain ownership of all Data.
6.2. Processing
The Company processes Data solely to:
- Provide the Service
- Improve system performance
6.3. Legal Compliance
The Company shall comply with the Personal Data Protection Act 2010.
6.4. Data Retention
The Company processes Data solely to:
- Active data: up to 2 years
- Archived data: up to 5 years
- Deleted after 30 days post termination
6.5. Backup Disclaimer
While reasonable backups are performed:
- The Company does not guarantee data recovery
- You are responsible for your own backups
6.6. Anonymised Data Use
The Company may use aggregated, non-identifiable data for analytics and improvements.
7. CONFIDENTIALITY
Both parties agree to:
- Keep confidential all non-public information
- Use such information only for purposes of this Agreement
This obligation survives termination.
8. TERM & TERMINATION
8.1. Terms
This Agreement remains in effect during the Subscription Period and renews automatically unless terminated.
8.2. Termination by User
You may terminate by written notice.
No refunds will be given.
8.3. Termination by Company
The Company may terminate or suspend access if:
- You breach this Agreement
- You fail to make payment
- Your use poses risk to the system or others
8.4. Effect of Termination
Upon termination:
- Access is revoked immediately
- Data is retained for 30 days
- Data is permanently deleted thereafter
9. SERVICE AVAILABILITY & SUPPORT
The Company will use commercially reasonable efforts to:
- Maintain system availability
- Provide technical support
However:
- The Service is not guaranteed to be uninterrupted
- Maintenance may occur at any time
10. THIRD-PARTY SERVICES
The Service may integrate with third-party services.
The Company:
- Does not control such services
- Is not liable for their performance or availability
11. DISCLAIMER OF WARRANTIES
The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or reliability
12. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
12.1. The Company shall NOT be liable for:
- Loss of profits
- Loss of data
- Business interruption
- Indirect or consequential damages
12.2. The Company’s total liability shall NOT exceed:
- Total fees paid in the preceding three (3) months
This limitation applies regardless of legal theory.
13. INDEMNIFICATION
You agree to indemnify and hold harmless the Company from any claims arising from:
- Your use of the Service
- Breach of this Agreement
- Violation of applicable laws
14. FORCE MAJEURE
The Company shall not be liable for failure or delay due to events beyond its control, including:
- Natural disasters
- Power or network failures
- Government actions
15. MODIFICATIONS
The Company may update these Terms with at least fourteen (14) days notice.
Continued use constitutes acceptance.
16. GOVERNING LAW
This Agreement is governed by the laws of Malaysia.
Any disputes shall be subject to the jurisdiction of Malaysian courts.
17. ASSIGNMENT
You may not assign or transfer this Agreement without prior written consent.
The Company may assign this Agreement without restriction.
18. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement and supersedes all prior agreements.