Staffd Licence Agreement & Terms of Service
Welcome to Staffd! Staffd is a Web Based Applicant Management, Employee onboarding and eLearning system designed to streamline your hiring processes and add automation.
Staffd is provided and owned by Staffd Pty Ltd (Product Owner) and Staffd Australia Pty Ltd (The Licensee of Staffd) collectively known as “Staffd”.
- Except as otherwise permitted under this agreement, the Customer must, ensure that its Users do not: copy, reproduce, lease, sub-licence, rent, licence, sell or otherwise make available or transfer all or any part of Staffd to any other person; make available to any third party any analysis of the results of operation of Staffd, without the prior written consent of Staffd; grant any security interest over Staffd; attempt to disassemble, decompile or otherwise reverse engineer Staffd, alter, customise, modify or create derivative works of Staffd; remove, obliterate or alter any proprietary notice on Staffd; use Staffd to access any data other than the Customer Material; violate or attempt to violate the security of Staffd; disrupt or interfere with Staffd, or any services, system resources, accounts, servers or networks connected to or accessible through Staffd; disrupt or interfere with any other user’s enjoyment of Staffd; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Staffd; use any device, software or routine to interfere or attempt to interfere with the proper working of Staffd or any transaction or process being conducted on or through it; use Staffd to breach any laws, including any Privacy Laws, which are applicable to the Customer.
- Intellectual Property Rights.
- The Customer acknowledges that Staffd Pty Ltd owns all Intellectual Property Rights in and to Staffd.
- Subject to the payment of all outstanding Fees by the Customer, Staffd grants to the Customer a non-exclusive, personal, non-transferable, non-sublicensable, revocable and royalty free licence to use Staffd solely for the Subscription Term to the limited extent necessary for the Customer to enjoy the benefit of Staffd for the Customer’s internal business purposes.
- Each party agrees to keep confidential, and not to use or disclose, other than as permitted by this agreement, any Confidential Information of the other party.
- Licence Subscription.
- Free trial period. Your free trial period commences at the time of sign-up and remains in effect until the period has expired. You have the option to cancel at any time prior to the end of your trial period.
- Your Staffd Licence Subscription will continue until terminated. To use Staffd you must have Internet access, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time. Unless you cancel your subscription before your billing date, you authorise us to charge the subscription fee for the next billing period to your Payment Method.
- We may offer a number of subscription plans. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up.
- Payment and Cancellation.
- Billing Cycle. Your billing cycle is selected during the sign-up process.
- Term. Your term will be based on the billing cycle selected and will auto renew based on your previous selection for the same period.
- Subscription Fee. Your subscription fee is due and payable based on the billing cycle selected on the monthly/yearly anniversary of the initial signup date. The subscription fee will be auto debited from the payment method provided. Failure to make payment on the due date may be considered default and may result in suspension or termination of your subscription.
- Cancellation. You may cancel your subscription at any time, and you will continue to have access to Staffd through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial subscription periods.
- Limited Liabilities.
- Third Party Disputes. Staffd is not affiliated with any third-party service provider or any integration partner, and any dispute you have with any such third party, is directly between you and such third party, and you irrevocably release Staffd (and our directors, officers, subsidiaries, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- Indemnity. You agree to defend, indemnify, and hold Staffd, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of Staffd, or your violation of these Terms of Service, including without limitation any breach of any representations or warranties herein, any infringement by you of Staffd intellectual property rights, and any claim by a third. Staffd will defend, indemnify and hold you (your directors, officers, employees and affiliates) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees), resulting from any claim, suit, action or proceeding alleging that Staffd or any portion thereof infringes any patent, copyright or other intellectual property, proprietary, or other right of any third party.
- Limitation of Liability. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of Staffd remains with you. Except for the indemnity obligations set forth herein, under no circumstances, including, but not limited to, negligence, system failure or network outage, will either Staffd or any other person or entity involved in creating, producing, or delivering Staffd be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, Staffd service interruption, computer damage or system failure or from any communications, interactions with other users of Staffd or other persons with whom you communicate or interact as a result of your use of Staffd.
- Details and Information.
- You verify that any contact information provided to Staffd, including, but not limited to, your Company name, ABN, e-mail address, phone numbers and mailing address (if required) is true and accurate. By providing us with your email address, you agree to receive notices electronically, to that email address. You further verify that you are the email account and telephone subscriber and/or that you own any email account and telephone numbers that you provide to Staffd. You acknowledge that by voluntarily providing your telephone numbers and email addresses to Staffd, you expressly agree to be contacted at the telephone numbers or email addresses you provide relating to this Agreement, any transaction with Staffd, matters related to your account, updates and promotions from Staffd. These communications may be made by or on behalf of Staffd, even if your phone number is registered on any state or federal Do Not Call list. Staffd will use your primary contact details to send you operational communications concerning your Account, updates concerning new and existing features in Staffd, notifications about product updates and improvements, company and industry news and events.
- Staffd reserves the right, at its sole discretion, to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Service or on the Site or Application. By continuing to access or use Staffd after we have posted a modification on the Site or Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, you may contact us to discuss the related issue.
- Hosting Services.
- Hosting is provided by Staffd using the Azure secure cloud hosting platform. Staffd provides a managed hosting service which includes platform hosting, data storage, email service, security and server management.
- Data Security.
- Staffd has been designed and maintained to ensure that best practices for data security and system integrity are always at the forefront of our development strategy, utilising a variety of different up-to-date software frameworks, encryption methods, and digitally signed web security signatures. Being hosted within Microsoft Azure datacentres, we are able to benefit from their state-of-the-art physical security, security-hardened infrastructure and processes. All client data is internally backed up in both the local datacentre in Australia, and replicated via geo-redundant storage to another region within Australia.
- Entire agreement.
- This agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to Staffd.