This is your End User Licence Agreement for PixelsHR. Please read this carefully before using the PixelsHR service and you may want to retain a copy for your records. When you accept these terms, you confirm that you are duly authorised on behalf of the Client to place an order for PixelsHR subject to the terms and conditions set out below. You also warrant that the information submitted in signing up is correct and accurate to the best of your knowledge
The following terms as used in this Agreement have the following meanings:
“Agreement” means this End User Licence Agreement which may be amended by PIXELSHR Ltd from time to time in accordance with its terms;
“PixelsHR” means all the proprietary technology used in delivering the Service (including the software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to the Client by PIXELSHR Ltd in providing the Service;
“Client”, “you”, “yours” means you, the corporate entity or organisation ordering the Service(s);
“Client Data” means any data, information or material provided or submitted by or on behalf of the Client to PixelsHR and/or the Service or generated by the Service in the course of using the Service including but not limited to data held in the Service;
“Content” means the documents, software, materials, products and services contained or made available to the Client in the course of using the Service;
“Defect” means an error in the operation of the Service that causes the Service to fail to operate substantially as documented;
“Effective Date” means the date upon which this Agreement is accepted by the Client;
“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights (including rights in computer software), trade marks, service marks, trade names, domain name rights, database rights, design rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;
“Law” means any applicable law (statutory, common or otherwise), legislation (primary or secondary), statutory provision, statutory instrument, constitution, treaty, convention, ordinance, equitable principle, code, directive, edict, decree, rule, order, requirement, regulation, guidance, executive order, or other similar authority issued, enacted, adopted, promulgated, implemented, applied, or otherwise put into legal effect by or under the authority of any governmental entity in any relevant jurisdiction;
“Service(s)” means the online HR management software services developed, operated, and maintained by PIXELSHR Ltd (and its licensors, where applicable), or ancillary online or offline products and services provided to the Client by PIXELSHR Ltd, to which the Client is being granted access under this Agreement, including the PixelsHR Technology and the Content;
“User(s)” means the Client’s employees, representatives, consultants, contractors or agents who are authorised to use the Service and have been supplied user identifications and passwords by the Client (or by PIXELSHR Ltd at the Client’s request); and
“Website” means PixelsHR.COM
This Agreement commences on the Effective Date. You understand and agree that PIXELSHR Ltd may at any time, and without additional notice to you, terminate, modify, suspend, discontinue, or block access to some or all of the features of PixelsHR or the Service if:
PIXELSHR Ltd will use its reasonable commercial endeavours to keep all Client Data confidential, providing that Client Data may be disclosed to PIXELSHR Ltd’s employees, representatives, consultants, contractors or agents (who in turn will be legally bound to keep the Client Data confidential). The obligation to keep the Client Data confidential will not apply to any information that:
PIXELSHR Ltd’s Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. PIXELSHR Ltd is not responsible for any delays, delivery failures, or other damage resulting from such problems
In this Agreement, “force majeure” shall mean any cause preventing PIXELSHR Ltd from performing any or all of PIXELSHR Ltd’s obligations which arise from or are attributable to acts, events, omissions or accidents beyond PIXELSHR Ltd’s reasonable control including without limitation strikes, lock-outs or other industrial disputes, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, interruption or failure of utility service, including but not limited to electric power, gas or water or default of suppliers or sub-contractors. PIXELSHR Ltd shall not be in breach of this Agreement if it is subject to a force majeure event, provided that it uses reasonable endeavours to notify you in writing of the nature and extent of the force majeure event causing PIXELSHR Ltd’s failure or delay in performance. If the force majeure event prevails for a continuous period of more than 2 months, the Client may terminate this Agreement by giving 14 days’ written notice to PIXELSHR Ltd. On the expiry of this notice period, this Agreement will terminate. Such termination shall be without prejudice to PIXELSHR Ltd’s rights in respect of any breach of this agreement occurring prior to such termination
PIXELSHR Ltd may give notice by means of electronic mail to the Client’s e-mail address on record in PixelsHR’s account information. Such notice shall be deemed to have been given upon the expiration 12 hours after sending the email
PIXELSHR Ltd reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time. Such modified terms and conditions will be issued or made available to the Client electronically via email or the Website and shall be deemed effective 12 hours after electronic delivery or notification. Continued use of the Service after any such changes shall constitute the Client’s consent to such changes
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions
By ticking the acceptance field during the registration process, you confirm acceptance of this End User Licence Agreement, which shall constitute a binding contract between PIXELSHR Ltd and the Client, subject to the ability of PIXELSHR Ltd within 21 days to reject the Client
PIXELSHR Ltd is incorporated under the laws of England, with company number06610871. PIXELSHR Ltd’s registered address is: Suite 105-2 Fairbourne Drive, Atterbury, Milton Keynes, England, MK10 9RG