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 System Sdn. Bhd. [1989010055001 (182806W)] (“Company”).
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:
The Company reserves the right to monitor usage to ensure compliance.
4.1. Fees
Fees are based on:
4.2. Payment Terms
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:
You are responsible for:
You must immediately notify the Company of:
The Company is not liable for losses caused by compromised credentials.
6.1. Ownership
You retain ownership of all Data.
6.2. Processing
The Company processes Data solely to:
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:
6.5. Backup Disclaimer
While reasonable backups are performed:
6.6. Anonymised Data Use
The Company may use aggregated, non-identifiable data for analytics and improvements.
Both parties agree to:
This obligation survives 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:
8.3. Effect of Termination
Upon termination:
The Company will use commercially reasonable efforts to:
However:
The Service may integrate with third-party services.
The Company:
The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including:
To the maximum extent permitted by law:
12.1. The Company shall NOT be liable for:
12.2. The Company’s total liability shall NOT exceed:
This limitation applies regardless of legal theory.
You agree to indemnify and hold harmless the Company from any claims arising from:
The Company shall not be liable for failure or delay due to events beyond its control, including:
The Company may update these Terms with at least fourteen (14) days notice.
Continued use constitutes acceptance.
This Agreement is governed by the laws of Malaysia.
Any disputes shall be subject to the jurisdiction of Malaysian courts.
You may not assign or transfer this Agreement without prior written consent.
The Company may assign this Agreement without restriction.
This Agreement constitutes the entire agreement and supersedes all prior agreements.