Terms of Service
Welcome to HumanSoft, a provider of payroll and human resource management services designed for SME business operators. These Terms of Service are intended to inform you of the legal rights and obligations between "we," "HumanSoft Co., Ltd.," as the "Service Provider," and "you," as the "User." Please therefore read these Terms of Service carefully to understand your rights and obligations when using our services.
By subscribing to any type of HumanSoft service, the User is deemed to have read and thoroughly understood these Terms of Service, and to have accepted them in all respects. These Terms are legally binding on the User.
1. Definitions
"Agreement" means these Terms of Service and the contract.
"Parties" means HumanSoft Co., Ltd. and the User who subscribes to the service through humansoft.co.th
"Service Fee" means the monthly or annual fee that the User is obliged to pay on the billing cycle specified in the contract, at the rate shown on the website.
"Data" means any data provided to the website by the User, or by a person authorized by the User to act on their behalf.
"Confidential Information" means any information the Parties have provided to each other, whether orally, in writing, or in electronic form, but excluding any information that is already in the public domain.
"Intellectual Property Rights" means patents, trademarks, service marks, copyrights, moral rights, and design rights, whether registered or not.
"Service" means the provision of software for online payroll processing.
"System User" means any person or other company that is not the User contracting with HumanSoft, but who has been authorized by the User to access the service on the User's behalf.
"You" means the User contracting with HumanSoft, excluding System Users.
"We" means HumanSoft Co., Ltd.
"Website" means humansoft.co.th
"HumanSoft" means HumanSoft Co., Ltd.
"Force Majeure" means any event the occurrence or the injurious consequences of which could not be prevented, even though the person who suffers or is about to suffer it had exercised such care as might reasonably be expected of a person in that position and under those circumstances.
2. The Service
2.1 Service packages and service formats are as shown on the website.
2.2 HumanSoft's services may change at any time in order to align with users' needs and with changing circumstances, and HumanSoft reserves the right to change these Terms of Service at any time. Such changes are deemed effective immediately upon being published on the website.
2.3 HumanSoft grants you the right to use the software service through the website in accordance with the service package you have selected. Such right is non-exclusive and non-transferable.
2.4 You may authorize any person or company to act as a System User in order to manage online payroll, up to the number permitted by the service package you selected. You are responsible for any act carried out by a System User as if it were your own act.
2.5 You have the absolute right to change, restrict, or terminate the access of any System User as you see fit.
2.6 HumanSoft reserves the right not to comply with any request or instruction from a third party who is not a contracting party with the company, unless it appears that you have given HumanSoft express written consent.
3. Subscription, Renewal, and Termination
3.1 Subscription: You may subscribe by submitting a service request through the website. HumanSoft reserves the right to reject any service request that does not pass its assessment criteria.
3.2 Renewal: The initial term for HumanSoft's paid service packages is offered on both a monthly and an annual basis. If the User does not express an intention to terminate before the end of the term, the service period is automatically extended.
3.3 Termination
3.3.1 The User's right to terminate
3.3.1.1 Termination of a no-fee plan: You may terminate by sending a cancellation request to admin@humansoft.co.th
3.3.1.2 Termination of a monthly paid plan: You may terminate by sending a cancellation request to admin@humansoft.co.th. If you wish the termination to take effect immediately, HumanSoft will not refund any service fee you have already paid under any circumstances.
3.3.1.3 Termination of an annual paid plan: You may terminate by sending a cancellation request to admin@humansoft.co.th. If you wish the termination to take effect immediately, HumanSoft will not refund any service fee you have already paid under any circumstances.
3.3.2 HumanSoft's right to terminate
3.3.2.1 HumanSoft may terminate the contract at any time. Once HumanSoft has given notice of termination, the termination is deemed effective on the last day of the service period of the month or year in which notice was given.
3.3.2.2 The provision in 3.3.2.1 does not apply to termination in cases where the User breaches these Terms of Service; details are as set out in clause 4.4.9.
4. Obligations of the User
4.1 Payment of service fees: You are obliged to pay the service fee at the rate specified in your selected package. HumanSoft will issue a charge every monthly or annual cycle until the contract is terminated. If the User fails to pay the service fee or pays late, the company reserves the right to temporarily suspend your service until payment has been made in full.
4.2 Provision of information: You are obliged to provide HumanSoft with information that is accurate and truthful in all respects. In the event of any change to your name, company name, trade name, representative, address, or other contact information, you must immediately notify HumanSoft of such change in writing.
4.3 Prohibited uses of the service:
4.3.1 You may use HumanSoft's services only to manage online payroll in the ordinary course of your business, in good faith and lawfully. You must not use HumanSoft's services to support, or in any way in connection with, any act or business whose purpose is expressly prohibited under Thai law.
4.3.2 You must not submit into HumanSoft's system any data that constitutes an offence under Section 14 of the Computer Crime Act B.E. 2550 (2007).
4.4 General obligations when using the service
4.4.1 You must keep your Username and Password carefully and in confidence.
4.4.2 You must not attempt or carry out any act that endangers the security of HumanSoft's computer systems or network.
4.4.3 You must not attempt or carry out any act to access any part of the website without authority, unless you have been expressly permitted to do so.
4.4.4 You must not send or enter any data or documents into the website in a manner that may cause damage to HumanSoft's equipment, hardware, or software.
4.4.5 If any other person asserts a claim against you in connection with the use of HumanSoft's services, you will settle that claim at your own cost and responsibility.
4.4.6 If HumanSoft incurs any damages or expenses, whether directly or indirectly, in connection with or arising from your use of the service, you agree to indemnify HumanSoft for such damages or expenses in full.
4.4.7 If you appoint a third party to take part in managing your payroll, the company will treat the acts of that third party as your own acts.
4.4.8 If you encounter technical problems, please contact HumanSoft's support team via the contact channels shown on the website.
4.4.9 In the event of a breach of any obligation stated herein, HumanSoft has the absolute right to temporarily suspend the service, or to terminate the contract without prior notice and without refunding any service fee whatsoever.
5. Assignment
5.1 HumanSoft does not permit you to assign the rights and obligations arising under the contract to any other person without HumanSoft's written consent.
5.2 If HumanSoft wishes to transfer the service, in whole or in part, to another company, HumanSoft may transfer its contractual position after having notified you.
6. Confidentiality and Personal Data
Your confidential information and personal data are of the utmost importance. HumanSoft will not disclose your confidential information or personal data to any third party or other organization for any purpose whatsoever, except:
- where your consent has been obtained, or where it is done at your request
- where required by law, such as complying with a court order, writ, or summons
Please see further details in the Privacy Policy
7. Intellectual Property
7.1 HumanSoft owns the copyright and intellectual property in the information displayed, the images, and the presentation format appearing throughout the website, unless expressly stated otherwise. No person may copy, reproduce, possess copies of, or adapt them for distribution for any other purpose without HumanSoft's written consent.
7.2 The data or electronic documents in your Account are your property, and you are deemed to have granted HumanSoft permission to use, copy, transmit, store, or back up such data for the purpose of providing the service.
7.3 Backing up and preserving your data is an important policy of HumanSoft. However, HumanSoft cannot guarantee that your data will never be lost, which may occur as a result of force majeure. You therefore have a duty to back up your data yourself as an additional safeguard.
8. Acting Under Authority from Others, and Use of HumanSoft Services for the Benefit of Third Parties
8.1 If you subscribe to HumanSoft's services as the agent of another person, you are deemed to warrant that you have the right and express authority from the principal to agree to be bound by these Terms of Service.
8.2 If you use HumanSoft's services for the benefit of a third party, you are deemed to warrant that you have the legal right to do so. HumanSoft has no liability to third parties under any circumstances.
9. Suspension of Service
9.1 HumanSoft may temporarily suspend the service for certain necessary reasons. Where a paid service is suspended, HumanSoft reserves the right not to refund the service fee for the period of such suspension.
9.2 Grounds for suspension of the service may include, but are not limited to:
9.2.1 Maintenance of equipment necessary for providing the service
9.2.2 Equipment necessary for providing the service becoming unusable
9.2.3 Operational or technical incidents affecting the service
9.2.4 Failure of third-party systems that HumanSoft uses to provide the service
9.2.5 Events that obstruct the service, such as power outage, fire, flood, natural disaster, other catastrophes, civil unrest, strikes, or any other force majeure
10. Discontinuation of Service
HumanSoft reserves the right to discontinue the service in whole or in part without prior notice, and without any liability to the contracting party or to third parties.
11. Limitation of Liability
11.1 HumanSoft cannot warrant that your use of the service will be free from defects, including but not limited to stability, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security flaws, errors, computer bugs, or viruses.
11.2 HumanSoft is not liable for any damage arising from use of the service, except where the damage results from HumanSoft's willful misconduct or gross negligence. In any event, HumanSoft limits its liability for actual damages to an amount not exceeding the annual service fee that HumanSoft received from you in the year in which the incident occurred.
12. Severability of These Terms of Service
If any provision or statement in these Terms of Service is void or unenforceable under Thai law, such provision or statement shall be deemed not to affect the validity or enforceability of the remaining provisions.
13. Conflict of Terms
In the event of any discrepancy between the Thai-language version of the HumanSoft Terms of Service and any translated version, the Thai-language version of the HumanSoft Terms of Service shall prevail over versions in other languages.
14. Governing Law and Jurisdiction
These HumanSoft Terms of Service are governed by Thai law, without regard to any rule or provision on choice of law or conflict of laws. The courts of the Kingdom of Thailand shall have jurisdiction to adjudicate any dispute arising under these Terms of Service.
15. HumanSoft Reserves the Right
to change these Terms of Service at any time, with such changes deemed effective immediately upon being published on the website. HumanSoft will use its best efforts to notify all users of any changes via email or through the website.
Last updated: 1 November 2020
