Welcome to Personelle.com! We are an online service providing our members access to online HR software.
These Terms and Conditions are also a resource for you to get a deeper understanding of how our service works, including the way we bill, how we interact with you, and other useful details about our services.
1. SERVICE PLANS
Personelle offers Subscriptions for you to choose. Details of the plan(s) offered can be found on our "Subscriptions" section of the website. We reserve the right to modify, terminate, or otherwise amend our offered subscription plans at any time.
The Personelle Services are normally available 24 hours a day. We reserve the right to take measures that affect the aforementioned accessibility when deemed necessary for technical, maintenance, operational, or security reasons.
2. PAYMENT TERMS
By starting your paid subscription, you are expressly agreeing that we are authorized to charge you a monthly or annual membership fee, as selected by you during the registration process, at the then current rate, and any other charges you may incur in connection with your use of the Personelle Services, for the billing term you selected, to the valid accepted payment method ("Payment Method") you provided during the registration process (or different Payment Method if you change your account information). Please note that prices and charges are subject to change upon our notice to you. Prices shown on the website for first time purchases may be promotional prices and may not be the same prices for renewal orders. As used in these Terms and Conditions, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of the paying portion of your subscription and each renewal date thereafter unless and until you cancel your paid subscription. Visit our website and go to the applicable Subscriptions pages to see your account information, including the commencement date for your next renewal period, or make any changes. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying subscription, as selected during the upgrade process. In the event you're paying subscription began on a date not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you started your Personelle subscription or became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month or year may vary from month to month or year to year for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts.
We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email or by posting them on the website. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information in your Billing page online or by submitting a support ticket. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or terminate your account (see, "Termination" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts or to terminate your account, as determined by us in our sole discretion.
Your subscription will continue month to month or year to year unless and until you cancel your membership or we terminate it, as described in the termination section. Cancellation or termination will be effective the first day of the next billing cycle following the date we receive your cancellation notice or we provide notice to you. You must cancel your subscriptions before it renews each month to avoid billing of the next billing term membership fees to your Payment Method.
You will be responsible for paying all sales, use, transfer, privilege, excise and all other taxes or duties levied or imposed by reason of the performance by Personelle under this agreement, excluding income taxes on profits, which may be levied against Personelle.
Note: Credits have no currency or exchange value, are non-transferable and non-refundable and will expire following the termination of your paid subscription.
3. SECURITY AND PASSWORDS
The member who created the Personelle account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. The Account Owner represents that all information he/she provides in connection with his/her registration is correct and legitimate.
You acknowledge that we shall not be responsible for loss or distortion of information provided through the Personelle Services ("Content")
The Account Owner will ensure that identities, passwords, and equivalent obtained by the Account Holder are stored and used in a secure manner and cannot be accessed and thereby used by third parties. The Account Owner will be liable for any unauthorized use of the Personelle Services.
We reserve the right to terminate your use of the Personelle Services at any time upon notice to you.
You may terminate your account at any time by clicking "Cancel" in the Subscriptions page of the website. Your account will be terminated at the end of the billing cycle.
Upon termination, you acknowledge and agree that we shall not be responsible for the content generated within the scope of the Personelle Services. We may delete and destroy any such content within thirty (30) calendar days following termination, or upon our receipt of your written request to delete such Content. It shall be your responsibility to take steps to back-up such content.
5. REVERSE ENGINEERING
You may not rename files of, modify, translate, localize, decompile, disassemble, decrypt, reverse engineer, attempt to derive source code from, remove any proprietary notices from, or create derivative works based upon the Personelle Services, in whole or in part. You may not duplicate or copy any portion of the Personelle Services, unless otherwise set forth herein. You may not remove any proprietary notices or labels, including, but not limited to, the Personelle product names wherever they may appear. All rights not expressly set forth hereunder are reserved by Personelle. Personelle reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this agreement.
6. WARRANTY DISCLAIMER
The Personelle Service is being delivered "AS IS" and Personelle makes no warranty as to its use or performance. Client will assume all responsibility for the selection of the Personelle Service as appropriate to achieve the results you intend and for the installation of, use of, and results obtained from the Personelle Service. PERSONELLE DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PERSONELLE SERVICE. PERSONELLE MAKES NO WARRANTY THAT THE PERSONELLE SERVICES WILL BE ERROR-FREE, VIRUS FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PERSONELLE SERVICES WILL MEET YOUR REQUIREMENTS. PERSONELLE MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. COMPLIANCE WITH APPLICABLE LAWS
You represent and warrant to Personelle that you will use the Personelle Services provided by Personelle only in accordance with all applicable laws, rules and regulations of any governmental authority having jurisdiction regarding such use and in accordance with the terms of these Terms and Conditions, and you will indemnify, defend and hold Personelle harmless from any claim, suit or cause of action and any damages and costs (including attorney fees) incurred by Personelle related to any breach of the foregoing representation and warranty or this agreement.
The Personelle service is designed to provide accurate and authoritative information. However, it is not a substitute for legal advice and does not provide legal opinions on any specific facts or circumstances. Laws may vary by industry, state, or locality. Additional requirements may apply based on your industry, government funding terms, contract status, the application of city/county laws, or other directives specific to your business. You are urged to consult an attorney concerning your particular situation and any specific questions or issues you may have.
8. LIMITATION OF LIABILITY
IN NO EVENT, CIRCUMSTANCES, OR UNDER NO LEGAL THEORY SHALL PERSONELLE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES) ARISING OUT OF USE OF OR INABILITY TO USE THE PERSONELLE SERVICES, EVEN IF PERSONELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PERSONELLE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID TO PERSONELLE FOR THE PRODUCT.
9. FORCE MAJEURE
This agreement shall not terminate and Personelle shall not be liable for any disruption or failure to provide the services, software, or other items herein contemplated if caused by a force majeure event, act of God, war, declaration of government, cyber HR and/or hostile network attacks, or other natural event beyond the control of Personelle.
This agreement shall be deemed to have been negotiated, made and entered into in the state of Minnesota and any and all performance hereunder, or breach thereof, shall be interpreted, governed and construed pursuant to the laws of the state of Minnesota without reference to its choice of law provisions. The parties hereto hereby acknowledge and consent to personal jurisdiction and venue exclusively in Nicollet County, Minnesota (in a federal or state court of competent jurisdiction) with respect to any action or proceeding brought in connection with these Terms and Conditions. These Terms and Conditions shall be binding upon the parties, their representatives, successors, administrators and assigns. These Terms and Conditions and the Personelle Services, rights and obligations herein may not be assigned or delegated in whole or part by either of the parties to any third party without the prior written consent of both of the parties. The parties are independent contractor and are not an employee, agent or representative of the other party and this agreement does not constitute a partnership, joint venture, agency, employee/employer, or any other similar relationship between the parties. These Terms and Conditions constitutes and contains the entire agreement between the parties with respect to the subject matter herein, supersedes all prior written or oral understandings and agreements relating thereto, and may not be changed, modified, amended or supplemented, except on written consent of both parties. All terms and conditions of this agreement that would, by their nature, survive the expiration or termination of this agreement, shall so survive.