Terms & Services

NTSSOFTPRO SOLUTIONS LLP is engaged in the business of development and implementation of human resource management solutions product named ‘NTS GENESIS’ (the “Software”, whose reference shall also include any related software provided by NTSSOFTPRO SOLUTIONS LLP). The following terms and conditions regulate the provision of Software Subscription Services for their Customers and are in addition to the terms of the relevant customer agreement (“Customer Agreement”). Any capitalised terms set out herein shall have their meaning as assigned to them in the Customer Agreement.

  1. LICENSE CONDITIONS
    1. The license granted by NTSSOFTPRO SOLUTIONS LLP to the Customer is subject to the following limitation and prohibitions:
      1. the Software Subscription Services may only be used and accessed by the employees and other authorised personnel of the Customer;
      2. the Software Subscription Services may only be used by the number of users purchased by the Customer 
      3. the Customer must not sub-license its right to access and use the Software Subscription Services;
      4. the Customer must not use the Software Subscription Services to provide services to third parties
  1. MAINTENANCE AND SUPPORT SERVICES
    1. The Maintenance Services and Support Services shall be provided by NTSSOFTPRO SOLUTIONS LLP to the Customer off-site, i.e., on call or remotely, in accordance with this clause and the terms set out in LICENSE CONDITIONS of these Terms & Conditions.
    2. NTSSOFTPRO SOLUTIONS LLP shall make available to the Customer a virtual/remote helpdesk in accordance with the provisions of this Agreement. The Customer may use the helpdesk for requesting and, where applicable, receiving the Maintenance Services and/or Support Services; the Customer must not use the helpdesk for any other purpose. NTSSOFTPRO SOLUTIONS LLP shall respond promptly to all requests for Maintenance Services and/or Support Services made by the Customer through the helpdesk. 
    3. In the event the Customer requires NTSSOFTPRO SOLUTIONS LLP to provide any Maintenance Services and/or Support Services (including training or re-training) on-site/offshore, i.e., at the premises of the Customer, the Customer shall be liable to pay Charges to NTSSOFTPRO SOLUTIONS LLP for the time spent by NTSSOFTPRO team’ personnel performing such Maintenance Services and/or and Support Services.
    4. NTSSOFTPRO SOLUTIONS LLP shall, where practicable, give to the Customer at least 3 (Three) Business Days’ prior written notice of scheduled Maintenance Services and/or Support Services that are likely to affect the availability of the Software Subscription Services or are likely to have a material negative impact upon the Software Subscription Services, without prejudice to NTSSOFTPRO SOLUTIONS LLP’ other notice obligations under this Agreement.
    5. NTSSOFTPRO SOLUTIONS LLP may suspend the provision of the Maintenance Services and/or Support Services if any amount due to be paid by the Customer to NTSSOFTPRO SOLUTIONS LLP under this Agreement is overdue by 30 days, and NTSSOFTPRO SOLUTIONS LLP has given to the Customer at least 30 (thirty) days written notice, following the amount becoming overdue, of its intention to suspend the Maintenance Services and/or Support Services on this basis.
  2. DATA PROTECTION
    1. The Customer warrants to NTSSOFTPRO SOLUTIONS LLP that it has the legal right to disclose all Customer Data that it does, in fact, disclose to NTSSOFTPRO SOLUTIONS LLP under or in connection with this Agreement and that the processing of that Customer Data by NTSSOFTPRO SOLUTIONS LLP for the permitted purpose in accordance with the Customer Agreement will not breach any Applicable Law including any applicable data protection or data privacy laws.
    2. To the extent that NTSSOFTPRO SOLUTIONS LLP processes Customer Data disclosed by the Customer, NTSSOFTPRO SOLUTIONS LLP warrants that: 
      1. it will act only on instructions from the Customer in relation to the processing of that Customer Data.
      2. it has in place appropriate security measures (both technical and organisational) against unlawful or unauthorised processing of that Customer Data and against loss or corruption of that Customer Data.
  3. ACKNOWLEDGEMENTS AND WARRANTY LIMITATION   
    1. The Customer acknowledges that complex software is never wholly free from defects, errors and bugs, and subject to the other provisions of this Agreement, NTSSOFTPRO SOLUTIONS LLP gives no warranty or representation that the Software or the Software Subscription Services will be wholly free from defects, errors and bugs. But NTSSOFTPRO SOLUTIONS LLP will always assist the Customer in resolving the identified problems.
    2. The Customer acknowledges that complex software is never entirely free from security vulnerabilities, and subject to the other provisions of this Agreement, NTSSOFTPRO SOLUTIONS LLP gives no warranty or representation that the Software or the Software Subscription Services will be entirely secure. But NTSSOFTPRO SOLUTIONS LLP will always assist the Customer in resolving the identified problems.
    3. The Customer acknowledges that the Software Subscription Services are designed to be compatible only with that software and those systems specified as compatible in the Software Subscription Services specification, and NTSSOFTPRO SOLUTIONS LLP does not warrant or represent that the Software or the Software Subscription Services will be compatible with any other software or systems.
    4. The Customer acknowledges that NTSSOFTPRO SOLUTIONS LLP will not provide any legal, financial, accountancy or taxation advice under this Agreement or in relation to the Software Subscription Services; and, except to the extent expressly provided otherwise in this Agreement, NTSSOFTPRO SOLUTIONS LLP does not warrant or represent that the Software or the Software Subscription Services or the use of the Software or the Software Subscription Services by the Customer will not give rise to any legal liability on the part of the Customer or any other person.

MAINTENANCE AND SUPPORT SLA

PART A

MAINTENANCE SLA

This Part A (Maintenance SLA) of  Service  (Maintenance and Support SLA) sets out the service levels applicable to the Maintenance Services.

  1. UPDATES

NTSSOFTPRO SOLUTIONS LLP may apply updates to the Software from time to time without any prior intimation to the Customer.

  1. UPGRADES
    1. NTSSOFTPRO SOLUTIONS LLP may upgrade the Software from time to time.
    2. NTSSOFTPRO SOLUTIONS LLP shall keep the Customer reasonably informed during the Term of its plans for the release of Upgrades; however, except to the extent that the Parties agree otherwise in writing, NTS shall have no obligation to release upgrades with features requested by the Customer or to take into account the opinions of the Customer in relation to plans for the release of upgrades.
    3. NTSSOFTPRO SOLUTIONS LLP shall produce upgrades at least once in each calendar year during the Term and shall make such upgrades available to the Customer in accordance with the provisions of this Part A (Maintenance SLA) of Service (Maintenance and Support SLA).

PART B

SUPPORT SLA

This Part B (Support SLA) of Service (Maintenance and Support SLA) sets out the service levels applicable to the Support Services.

  1. TOUCH POINTS 

Following will be the touch points between the Parties for logging issues, resolving them and any other communication required in this regard: 

  1. Access to My NTS GENESIS Support (24 x 7 web-based Customer support system), including the ability to log service requests online;
  2. Direct phone lines & cell-phone based support on Business Days during normal business hours;
  3. Program updates, fixes, security alerts, and critical patch updates;
  4. General maintenance releases, selected functionality releases, and updates; or
  5. Non-technical Customer service during normal business hours.
  1. Service requests  may be submitted online through the NTS GENESIS web-based Customer support systems or by email /telephone. 
  2. The service request severity level is selected by the Customer and NTSSOFTPRO and should be based on the following severity criteria:
    1. Severity – High (4 Hours)

The production use of the Software Subscription Services has stopped or so severely impacted that the Customer cannot reasonably continue work. The Customer experiences a complete loss of service. The operation is mission-critical to the business, and the situation is an emergency. A Severity P1 service request has one or more of the following characteristics:

  1. Data corrupted; 
  2. A critical documented function is not available;
  3. System hangs indefinitely, causing unacceptable or indefinite delays for resources or response; or
  4. System crashes and repeatedly crashes after restart attempts.
  1. Severity – Medium (24 Hours)

The Customer experiences a severe loss of service. Important features of the Software Subscription Services are unavailable with no acceptable workaround; however, operations can continue in a restricted fashion.

  1. Severity -Low (48 Hours)

The Customer experiences a minor loss of service. The impact is an inconvenience, which may require a workaround to restore functionality.