Picasso HR - HR Information System

This Agreement was last updated on 9th December 2007

1 Object of the Agreement

1. This Agreement covers the registration and Picasso HR Human Resource Information System (HRIS). Buying and registration for the use of the Picasso HR HRIS service gives certain rights and obligations to the buyer and to Picasso HR Ltd .
2. The following conditions apply to registration for use of the Picasso HR HRIS; no subsidiary verbal Agreements shall be recognized.

2 Definitions of the Agreement

1. Customer: The customer is the organisation buying the Picasso HR HRIS service.
2. User(s): User and users are the employees of the customer who have been signed up to use the the Picasso HR HRIS service.

3 Acceptance of Terms

1. In order for you to make use of the Picasso HR HRIS, it is required that you agree to all of the terms and conditions of this Agreement.
2. This Agreement states the terms and conditions under which the Picasso HR HRIS is provided. In addition to these terms and conditions, you shall be bound by any additional terms, guidelines or rules that may appear throughout the Picasso HR website, which are incorporated herein by reference.
3. Any modifications or enhancements to the the Picasso HR HRIS shall be governed by the terms and conditions of this Agreement. Your use of the Picasso HR HRIS constitutes your binding acceptance of these Terms, including any modifications that we may make.

4 Registration

1. You agree to provide accurate, current and complete information about yourself or your company as requested on the Picasso HR HRIS registration form and to maintain and promptly update the information (including, in particular, your e-mail address) you provide from time to time as necessary to keep the information true, accurate, current and complete.
2. By accepting the terms and conditions of this Agreement, you also represent and warrant that you are 18 years of age or older and that if you have accepted the terms and conditions of this Agreement on behalf of any organisation (such as a corporation, partnership, limited liability company or other not for profit organisation) or other entity, you represent and warrant that you have legal authority to do so.
3. If you provide information that is untrue, inaccurate, not current or incomplete, Picasso HR may suspend or terminate your account, and refuse any and all current or future use of the the Picasso HR HRIS service.

5 Customer's obligations

1. After you register on the Picasso HR website or by another method acceptable to Picasso HR, you will receive login names and passwords for your use of the Picasso HR HRIS service.
2. You are responsible for keeping your login names and passwords confidential.
3. You will be responsible for all uses of your password and account. You will immediately notify Picasso HR of any unauthorized use of your password.
4. You agree to pay the charges via a Direct Debit arrangement to Picasso HR..
5. Picasso HR cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

6 User's obligations

The user shall:

1. Only use the Picasso HR HRIS for legitimate personal or business use;
2. Not the Picasso HR HRIS to commit or encourage a criminal offence;
3. Not use the Picasso HR HRIS to send proactively, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, harmful to minors or in breach of confidence, copyright, privacy or any other rights;
4. Not use the Picasso HR HRIS to do anything which is contrary to the acceptable use policies of any connected networks and Internet standards;
5. Not use the Picasso HR HRIS to insert or knowingly or recklessly transmit or distribute a virus;
6. Not seek unauthorised entry into the Picasso HR HRIS;
7. Not hack into any part of the Picasso HR HRIS;
8. Not knowingly corrupt data;
9. Not circumvent, or attempt to seek to circumvent, any of the security safeguards of the Picasso HR HRIS or any of its service partners;
10. Not use any domain name or mailbox name within the Picasso HR HRIS so as to infringe upon the rights of any other person whether in statute or common law, in a corresponding trade mark or name;
11. Not use the Picasso HR HRIS to send or provide any unsolicited advertising or other promotional material, commonly referred to as "spam" by email or by any other electronic means;
12. Not use the Picasso HR HRIS to send email or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities; or
13. Not use the Picasso HR HRIS in a way that does not comply with the terms of any legislation or any licence applicable to you or that is in any way unlawful.

7 Indemnity

1. You will indemnify and hold harmless Picasso HR and its service partners from and against any and all losses, liabilities, damages, costs, expenses, actions and claims of whatever nature or kind arising out of or in connection with your access to and use of the Service.

8 Picasso HR's obligations

Picasso HR will:

1. Provide you with login details that are specific to your use of the Picasso HR HRIS;
2. Provide you with access to the the Picasso HR HRIS via a website address and login details that are specific to your use of the service;
3. Provide a service as defined in the Picasso HR product description which is published separately on the Picasso HR website;
4. Invoice you for the Charges incurred through the use of the Picasso HR HRIS by your Users and collect or require payment for the charges within thirty days of the invoice date;
5. Regularly update the the Picasso HR HRIS Service, including, but not limited to, updating the application designs and features; and
6. Handle any personal information you might supply to us when you use the Picasso HR HRIS in accordance with the Picasso HR Privacy Policy and UK Data Protection Legislation, which can be found on the Picasso HR website.

9 Changes to this Agreement

1. Picasso HR has the right to change this Agreement at any time. The customer shall be informed 30 days prior before the change gets into effect.
2. The customer may object to the change within 30 days after being notified. If no objection is received at Picasso HR before this deadline, the changes shall be deemed to have been accepted by the customer and shall become part of the contract.
3. This shall not affect the customer's right to terminate the contract according to the standard procedure as a result of changes, with a notice period of 1 month.

10 Charges

1. The charges for the the Picasso HR HRIS service can be found separately on the Picasso HR website.

11 Customer support

1. Customer support will be provided to the customer by Picasso HR in accordance to the service Agreement stated on the Picasso HR website.

12 Duration of the contract and termination

1. The initial term is agreed upon during registration.
2. This Agreement will run from the effective date stated in the registration process and will continue for the selected period unless terminated by either of us as set out in this Clause.
3. We may also terminate the Agreement or suspend the performance of the service to you, at our sole discretion, immediately and without notice if:
   1. you breach this Agreement; or
   2. bankruptcy or other insolvency proceedings are brought against you; or
   3. you are no longer able lawfully to receive the Service; or
   4. we do not receive payment of the Charges due within 30 days of the due date.
4. The customer may also terminate this Agreement upon material breach of Picasso HR, if such material breach remains uncured for thirty (30) days following written notice to Picasso HR. This cure period shall be extended by delay caused by events beyond the control of Picasso HR including, but not limited to, natural disasters, governmental prohibitions or regulations, viruses that did not result from the acts or omissions of Picasso HR, or technical faults of Picasso HR's service providers or vendors. The customer may terminate this Agreement upon thirty (30) days written notice to Picasso HR

13 General provision

1. Governing Law . The Contract will be governed by and construed in accordance with the laws of England and the parties will submit to the exclusive jurisdiction of the appropriate court geographically closest to our registered office.
2. Severability and Waiver . If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
3. Relationship of Parties . No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party.
4. Legal Fees and Costs . In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, parties agree to bear their respective legal costs, in addition to court costs, to such reasonable legal fees, expert witness fees and legal expenses as may be fixed by a court of competent jurisdiction.
5. Picasso HRs General Terms and Conditions also apply.

Related Pages

HRIS - Overview  Overview of the HR Information System which provides on-line management of employee information.

 

HRIS Security  Overview of the security of the Picasso HR HR Information System (HRIS).

 

 

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