Terms of Use

Welcome to BizHRS.com. BizHRS is a cloud based payroll, expense claim and human resource related needs management platform owned and managed by AK Finserv LLP.

By signing up for a BizHRS Account and by accessing and using BizHRS services (the “Service”), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”). Our Privacy Policy, as it may change from time to time, is a part of this Agreement. By using the Site you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

The “Terms of Service “are applicable to all persons who use or access the Service, either in their official capacity or in their individual capacity, including authorized users representing an employer, its employees or other persons using or accessing the Service (collectively, the “Users”). By using the Service on behalf of a business, you represent and warrant that you have authority to bind that business to the Terms of Service, and the said business shall equally be bound to the Terms of Service.

Terms of Service

As long as you meet your payment obligations and comply with the Terms of Service, AK Finserv LLP will provide you the Service for the purpose of calculating payroll, expense claims, managing employee information and other HR related services for your business for the period of time specified in the order and invoice documents. You may not use the Service on a professional basis for anyone other than you without the consent of AK Finserv LLP.

You give AK Finserv LLP permission to obtain, verify, and record information for the purposes of identifying you for the purposes of opening an account or you accessing the Service. AK Finserv LLP may ask for your name, address, and date of birth, PAN, Aadhaar and other information that will allow us to identify you.

The Service does not include obtaining access to the Internet for connecting to the Service. You acknowledge that the operation and availability of the communications systems (such as your internet connection, computer device) used for accessing and interacting with the Service or to transmit information to the taxing authorities can be unpredictable and may, from time to time, interfere with or prevent access to the Service or its operation. AK Finserv LLP is not in any way responsible for any such interference with or prevention of your use of or access to the Service. In such cases, you must contact customer support by other means for instructions on computing/processing payroll, expense claims and associated taxes. You will, at your own cost and expense, obtain, install and, at all times during its utilization of the Service, maintain in good working order all software, hardware and other equipment necessary for you to access AK Finserv LLP services in accordance with the Terms of Service. In the event of any failure of such software, hardware or other equipment, you will deliver to AK Finserv LLP all data which you would otherwise have provided that is necessary for AK Finserv LLP to perform Its obligations in connection with the Service.

You agree not to: (i) use the Service other than as authorized in the Terms of Service; (ii) use any device, software, or routine that interferes with any application, function, or use of the Service, or is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication; (iii) resell, sublicense, time-share, or otherwise share the Service with any third party; (iv) frame or mirror the Service; (v) decompile, disassemble or reverse-engineer the underlying software or application that is part of the Service or otherwise attempt to derive its source code; (vi) use the Service either directly or indirectly to support any activity that is illegal; (vi) access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or (vii) authorize any third parties to do any of the above.

BizHRS Services Account

You will designate and authorize either yourself and/or one or more individual users of the Service with authority to act on your behalf and to bind you and/or your business in various roles such as ‘Global Administrator, Payroll Administrator etc.” (each termed as an “Administrator”), who may access the Service by entering a confidential user ID and password created by following the instructions provided via the Service and which will entitle them, depending on their designation and permissions given, to have authority to access, review, modify and/or provide approvals on your behalf. The Administrator will approve and submit the Payroll Information thereby enabling you to process your payroll, expense claims and tax calculations.

You will cause your authorized users to, take reasonable steps to maintain the confidentiality of the authorization procedures and the user IDs and passwords and related instructions provided by AK Finserv LLP. If you believe or suspect that any such user IDs and passwords or related instructions have been known or accessed by unauthorized persons, you will immediately notify AK Finserv LLP in a manner affording AK Finserv LLP a reasonable opportunity to act on the information, and you acknowledge that failure to immediately notify AK Finserv LLP could result in unauthorized access to confidential information concerning you and your employees. AK Finserv LLP reserves the right to prevent access to the Service should AK Finserv LLP have reason to believe the confidentiality of the security procedure or the confidentiality of the user IDs and passwords have been compromised. You are responsible for any actions taken on the Service by your Administrator and/or any other authorized users, and for any transactions resulting from your failure to maintain the confidentiality of your account. You agree that the provision of a user ID and password by you, your Administrator and/or any other authorized users, will have the same effect as providing a written signature authorizing any actions on the Service.

Employee Information

AK Finserv LLP will notify you via electronic communication or by other means when all data necessary to begin the Service has been received and the enrollment process has been completed. You shall then, prior to submitting your first payroll, review for completeness and accuracy the Payroll Information. For purposes of the Terms of Service, “Employee Information” shall mean all information posted for your review on the Service such as, the information used to calculate and pay employee payroll, track leave, attendance and other employee information, produce payroll tax return reports. You must correct incorrect or missing Account Information, either by yourself or by notifying AK Finserv LLP in the manner specified in the electronic communication and within the time period specified therein. You are fully responsible for the accuracy of all information you provide, submit and/or approve, including, without limitation any Income Tax Department or other penalties and/or interest arising therefrom.

You agree that by submitting each payroll (including the first payroll):

you have approved all Employee Information,
you have waived and released any claim against AK Finserv LLP arising out of any errors in the Employee Information which you have not yourself corrected or have not requested AK Finserv LLP to correct, and
any subsequent request for corrections will be considered special handling and additional fees may be charged. Final audit responsibility rests with you. AK Finserv LLP will not have any responsibility for verifying the accuracy of any data you provide or directly input via the Service or any other method.

AK Finserv LLP may permit, but shall not be obligated to permit your Administrator or other a designated representative to communicate with AK Finserv LLP by electronic mail or other means about the Service. You acknowledge that any such electronic mail communication or other means of communication will be made available for your benefit and convenience, that any Payroll Information, Entries or other instructions communicated to AK Finserv LLP will be deemed to have been fully authorized by you and you shall be fully responsible for the accuracy of such information including, without limitation, any Income Tax Department or other penalties and/or interest arising therefrom; and that, notwithstanding such deemed authorization, AK Finserv LLP may in its sole discretion refuse to accept or act upon any such instructions

AK Finserv LLP, its employees and agents will hold in strict confidence all data furnished by you or produced by AK Finserv LLP under the Terms of Service; provided, however, that such parties will not be held liable if such data is released through other sources, or if AK Finserv LLP, its employees and agents release the data because of a reasonable belief that you have consented to such disclosure.

Service Fees and Charges

You agree to pay the fees for the Service in accordance with applicable fee schedule. You agree to reimburse AK Finserv LLP for any sales, use and similar taxes arising from the provision of the Service that any central, state or local governments may impose. AK Finserv LLP may charge additional fees for exceptions processing, setup and other special services. AK Finserv LLP reserves the right to change the schedule of fees from time to time. You will be notified of any change in fees at least 30 days in advance of the effective date. If a fee increase or change to the Terms of Services not acceptable, you may cancel the Service as provided herein prior to the time when it takes effect. Your continued use of the Service constitutes your agreement to those changes. If AK Finserv LLP is unable to collect fees due, AK Finserv LLP may suspend the Service.

AK Finserv reserves the right to terminate the Service in the event you default in paying the applicable Service Fee and Charges.

Limitation of Liability

The user to the software is presumed to be well conversant with payroll processing and all applicable legal compliances. It shall be the user’s responsibility to cross check and confirm the accuracy of the reports, forms and data. The software platform is provided on a “AS-IS,” “AS AVAILABLE,” with “ALL FAULTS”, and all WARRANTIES, EXPRESS or IMPLIED basis. BizHRS expressly disclaims all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, freedom from viruses or other harmful components, fitness for a particular purpose and non-infringement. BizHRS makes no warranty that: (a) the platform/service/software will meet your requirements; (b) the site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the site or any services offered through the site will be accurate or reliable.

In no event shall BizHRS be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use or inability to use, incurred by you whether in an action in contract or tort, arising from your access to, or use of, the site, whether or not BizHRS has been advised of the possibility.

No advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in the Terms of Service. The aggregate liability in connection with any claim arising out of or relating to the site and/or the products, information, documents and services provided herein or hereby shall not exceed Rs. 1,000/- and that amount shall be in lieu of all other remedies which you may have against us.

Customizations:

You agree that the Service is part and parcel of a cloud based software and the same is used by various parties. You agree that customizations in the Service shall be done at the discretion of AK Finserv LLP and you cannot bind AK Finserv LLP to customize the Service.

Updates:

You agree that the Service is part and parcel of a cloud based software. AK Finserv LLP reserves the right to release updates as and when required at its sole discretion for the “services” used by you or for other services provided by AK Finserv LLP.

Support

Your BizHRS license entitles you to Support on all matters of usage. The website shall be updated with Help documentation/slide shows/short videos detailing various Support and Help files. BizHRS shall offer only remote support and not onsite support. Onsite support, if offered shall be chargeable at Rs 14, 000/- per man/per day or as agreed otherwise and for this purpose part of a day shall be construed to be a full day.

BizHRS may access your account and data as necessary to identify or resolve technical problems and tickets or respond to complaints about the Services. If you desire not to allow access to your account for the support team, please send a mail of the instruction to support@bizhrs.com and in all such cases, the tickets would be responded to only by way of a screen share / remote desktop option.

Ticket Resolution:

Information tickets: All tickets which seek clarifications on usage of BizHRS, features or steps to perform certain tasks in BizHRS, or seeking information on the payroll/related activities shall be addressed within a maximum of 8 working hours.

Trouble tickets: All tickets in the nature of seeking help with getting certain activities done in BizHRS through support of BizHRS technical support team shall be addressed within a maximum of 24 working hours

Any other tickets shall be addressed within 3 working days.

The working hours of BizHRS are between 10.30 AM and 6.30 PM IST Monday thru Sunday except on Public Holidays..

Termination and effects of termination

You may terminate the usage of Service at any time. For all top up customers the option to unsubscribe is within the application. This Unsubscribe option will be enabled only after you have downloaded the backup data. All other customers can terminate the service contract with prior written notice of 30 days. Without limiting any other remedies available to it, BizHRS/AK Finserv may immediately suspend access to the Services if: (a) you breach any material provision of the Terms of Service that, (if it is capable of being cured) is not cured within thirty (30) days from written notice to you (and sixty (60) days in the case of non-payment); or (b) BizHRS/Finserv determines that your actions are likely to cause legal liability for BizHRS/AK Finserv or its suppliers and other customers.

Upon expiration of the Subscription Term if you do not renew in accordance with a Renewal Notice, the rights and licenses granted hereunder will automatically terminate, and you may not continue to use the Service. Bizhrs/AK Finserv will have no liability for any costs, losses, damages, or liabilities arising out of or related to BizHRS/AK Finserv’s termination of Service. Upon expiration or termination of Service, BizHRS/AK Finserv will provide a backup file of Customer Data if requested within 30 days of such termination or expiration, and BizHRS/AK Finserv will have no other further obligation to maintain or provide access to your Customer Data.

Proprietary Rights

AK Finserv LLP owns all worldwide right, title and interest in and to the Service and the website, applications and software platform that AK Finserv LLP uses to provide the Service under the name and style of “BizHRS”. The Terms of Serviced not convey any proprietary interest in or to any BizHRS IP or rights of entitlement to the use thereof except as expressly set forth herein. You acknowledge and agree that the fees paid pursuant to the Terms of Service apply only to the use of the Service by you. Any feedback, comments and suggestions you may provide for improvements to the Service (“Feedback”) is given entirely voluntary and AK Finserv LLP will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as it sees fit, entirely without obligation or restriction of any kind.

Disclaimer

Your use of the Service is entirely at your own risk. AK Finserv LLP is not in the business of providing legal, tax, financial, accounting, employment, or other professional services or advice. You should consult a professional trained in those areas if you need such assistance. The Service is provided “AS IS” and on an “AS AVAILABLE” basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AK Finserv LLP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, NON-INFRINGEMENT, OR THE ACCURACY, RELIABILITY, QUALITY OF ANY INFORMATION OR CONTENT IN OR LINKED TO THE SERVICE. AK Finserv LLP DOES NOT WARRANT THAT THE SERVICE WILL BE COMPLETELY SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. If the exclusions for any implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of delivery of the Service.

The product being a cloud based software, all of your data is saved on a shared database and there is no dedicated database for your data.

Indemnity; Limitation of Liability

You agree to indemnify, defend and hold AK Finserv LLP and its agents, contractors, services providers and affiliates (each, an “Indemnified Party”), harmless against all liabilities, claims, demands, damages, losses, fines, judgments, disputes, costs, charges and expenses (including, without limitation, attorneys’ fees incurred in connection with such claims) resulting from, arising out of or related to:

any acts or omissions by you, your Payroll Administrator and/or any other authorized users, or
AK Finserv LLP’s or any other Indemnified Party’s use of or reliance on information and data furnished by you or resulting from activities that AK Finserv LLP or any other Indemnified Party undertakes at your request, or at the request of anyone AK Finserv LLP or any other Indemnified Party believes in good faith to be your authorized agent, in providing the Service or otherwise in connection with the Terms of Service.

Governing Law/Dispute Resolution/Aggregate Liability of AK Finserv

The Terms of Service shall be shall be governed by and construed in accordance with the Indian laws. AK Finserv/BizHRS’ aggregate liability in connection with any claim arising out of or relating to Service, the site and/or the products, information, documents and services provided herein or hereby shall not exceed Rs. 1,000/- and that amount shall be in lieu of all other remedies which you may have against us.

Arbitration

Notwithstanding any other provision in this Agreement, if either you or AK Finserv LLP have any irresolvable dispute, controversy or claim, whether founded in contract, tort, statutory or common law, concerning, arising out of or relating to this Agreement or the Service, including any claim regarding the applicability, interpretation, scope or validity of this arbitration clause and/or this Agreement (a “Claim”) and upon the demand of either party, the Claim shall be referred to a sole Arbitrator to be mutually appointed by the Parties and the award made in pursuance thereof shall be final and binding on the Parties. The arbitration proceedings shall be governed in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The arbitration shall be conducted in English language and the venue of such Arbitration shall be held in the city of Pune, India.

Changes to Terms or Services

We may modify the Terms of Service at any time, in our sole discretion. If we do so, we’ll let you know either by posting the Terms of Service so modified (the ‘modified Terms of Service’), on the Site or through other communications. AK Finserv LLP will try to, but is not obligated to, provide thirty (30) days prior notice of any such material change. It’s important that you review the modified Terms of Service whenever we modify it because if you continue to use the Service after we have posted the modified Terms of Service on the Site, you are indicating to us that you agree to be bound by the modified Terms of Service. If you don’t agree to be bound by the modified Terms of Service, then you may not use the Service anymore. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.

General

The Terms of Service constitute the entire agreement between AK Finserv LLP and you regarding the Service and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. The Terms of Service may be modified only by a written amendment signed by the parties or as otherwise provided herein. If any court of law, having the jurisdiction, rules that any part of the Terms of Service is invalid, that section will be removed without affecting the remainder of the Terms of Service The remaining terms will be valid and enforceable. You may not assign the Terms of Service without the prior written consent of AK Finserv LLP. The provisions of the Terms of Service shall inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns.

Electronic Transmission

The Terms of Service and any amendments hereto, by whatever means accepted, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effect as if it were an original signed version thereof delivered in person. Neither party hereto shall argue that a contract was not formed hereunder based on either:

the use of electronic means to deliver a signature or to indicate acceptance of the Terms of Service or;
the fact that any signature or acceptance of this Agreement was transmitted or communicated through electronic means; and each party forever waives any related defense.

Other Terms and Conditions

the use of electronic means to deliver a signature or to indicate acceptance of the Terms of Service or;
the fact that any signature or acceptance of this Agreement was transmitted or communicated through electronic means; and each party forever waives any related defense.