Terms of Use

This document sets out the Terms and Conditions ("Terms") on which AMAZE ONE INC. of 2F Bldg. C, Metrowalk Commercial Complex, Meralco Ave., Brgy. Ugong, Pasig City 1604("Amaze") provides customers with access to the human resources platform through the www.digiofficeapp.com website ("digiOffice Lite Web App")

Please read these Terms very carefully before using the digiOffice Lite Web App and the Services. You acknowledge and agree that by clicking on "I accept", or by executing an Order Form ("Quotation") with Amaze that references these Terms on behalf of a nominated company or organization (the "Customer"), you agree that the company or organization will be bound by these terms as a Customer. You warrant and represent that you have full capacity and authority to enter into these Terms on behalf of the Customer company or organization

If you do not accept these Terms, you will not be able to use the digiOffice Lite Web App and the Services. You are advised to print and retain a copy of these Terms for future reference. These Terms may be subject to change from time to time and accordingly you are advised to refer back to these Terms from time to time and before making use of the digiOffice Lite Web App and Services.

The digiOffice Lite Web App & the Services
1. The digiOffice Lite Web App is owned and managed by Amaze One Pte Ltd. a company incorporated in the Philippines and whose registered office address is 2F Bldg. C, Metrowalk Commercial Complex, Meralco Ave., Brgy. Ugong, Pasig City 1604. In consideration for the payment of the Fees, Amaze shall provide the Customer with the Services as described on the digiOffice Lite Web App, which allow the Customer to browse, screen, track and collaboratively manage its HR process, as well as to be used for employee onboarding, leaves management, attendance, overtime management and payroll ("Services") and provide the facility of storing the Customer’s employment data ("Storage Service"). The Services typically include the following:
  1. the facility to add accounts for "Users", meaning the Customer’s employees and nominated representatives on their hiring team, by nominating such individuals to create individual user accounts which permit them to access and use the Services on behalf of the Customer;
  2. the facility to upload "Customer Information", meaning information about the Customer’s organization or employee data;
  3. the ability to request certain implementation services from Amaze to allow a Customer or User the ability to access and use the digiOffice Lite Web App and Services on their systems, including through the use of a Amaze API (“Implementation Services”). Such Implementation Services will incur charges in addition to the Fees, such additional charges will be as agreed between Amaze and Customer and will be invoiced to the Customer and payable on or before commencement of applicable services;
  4. the ability to use Amaze’s human resources management services (“Employee Management”). The Employee Management functionality includes activities for the onboarding and management of Customer’s employees (including creating employee profiles, storing employee documents, assigning shift, maintaining leave balances, among other features);
  5. the facility to upload "Customer Information", meaning information about the Customer’s organization or employee data;
2. For the avoidance of doubt, Amaze’s obligations shall be limited only to the provision of the Services and do not in any way include acting on the Customer’s behalf. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the Customer and Amaze, appoint either party as the agent of the other, nor authorize either party to make or enter into any commitments for or on behalf of the other party.
3. Amaze may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Services upon notice to the Customer.
4. Amaze agrees to use commercially reasonable efforts to make the Services available on a seven (7) day per week, twenty four (24) hour per day basis excluding (a) scheduled maintenance time, (b) any unavailability caused by circumstances beyond Amaze's reasonable control and (c) any suspensions permitted under these Terms. In the event of a planned service downtime in respect of the Services, Amaze shall use reasonable efforts to notify the Customer thereof at least 24 hours in advance (which notice may be provided electronically, including via the Services).
5. Access to the digiOffice Lite Web App and the Services may be granted to the Customer on a trial or ‘free’ basis ("Free Use") for up to ten (10) logins/users per company and maximum of twelve (12) months from the registration date. The Customer acknowledges and agrees that during the Free Use the following specific terms shall apply in addition to all other Terms:
  1. access to the Services during the Free Use will be provided at no cost to the Customer as long as the number of employees or users does not exceed ten (10) and does not exceed twelve (12) months of free use;
  2. such access is solely for the purpose of offering the Customer a preview demonstration of the functionality and features of the Services;
  3. the functionality of the Services during a Free Use may be limited or restricted; Any Services provided by Amaze during a Free Use shall be considered “as- is” and Amaze has no liability of any type, nor any indemnification obligations, for any harm or damage arising out of or in connection with any Free Services.
  4. Amaze may withdraw or suspend the Customer’s access to the Services at any time during the Free Use, and at the completion of the Free Use continued access to the digiOffice Lite Web App and/or Services will be subject to payment of Fees or charges.
  5. Customer shall be fully liable under those terms to Amaze for any harm or damages arising from the use of the Services during a Free Use by Customer.
  6. Customer can continue using the digiOffice Lite Web App after the Free Use period or if they exceed the allowable number of users by paying for the subscription fees indicated in the digiOffice website. Customer will be notified at least thirty (30) days before the end of Free Use period and will be given the option to continue by paying the Fees.
Registration & users
1. In order to use the Services, the Customer shall first be required to register with Amaze by completing the online registration form on the digiOffice Lite Web App.
2. Amaze shall send the Customer a confirmation email ("Confirmation Email") once it has accepted and confirmed the Customer’s registration. The Customer’s contract to use the Services on these Terms ("Contract") commences on the date of the Confirmation Email.
3. Amaze reserves the right to conduct verification and security procedures in respect of all information provided by the Customer to Amaze. If Amaze has reason to believe that the information provided by the Customer to register and use any of the Services, including the Customer’s employee count, is inaccurate, breaches or is likely to breach any of the provision in these Terms, Amaze at its sole discretion may take any action that it deems appropriate including without limitation, to terminate the Customer’s Contract.
4. These Terms shall apply to any and all Users who access and use the digiOffice Lite Web App and the Customer Services through the Customer’s account. The Customer acknowledges and agrees:
  1. all Users must use the corporate email address allocated to them by the Customer when creating a User profile;
  2. Amaze may allocate the Customer "Admin" or "Member" accounts with varying levels of access, and the Customer shall comply (and ensure each User complies) with any directions of Amaze relating to the establishment and use of such User accounts;
  3. only one person may log-in to the digiOffice Lite Web App and/or access the Services using any one User account at any one time; and
  4. the Customer is directly liable to Amaze at all times for the acts or omissions of its Users.
5. The Customer shall, and shall ensure its Users, keep any Customer and User usernames and passwords/pins ("Logins") safe and secure to ensure that they are not used without the Customer’s permission. The Customer must immediately notify Amaze if it has reason to believe that there has been unauthorized use or access to the Customer’s Logins and/or the Customer’s profile on the digiOffice Lite Web App. The Customer shall be solely responsible and liable for any breaches of these Terms arising out of or resulting from use of the Customer’s Logins to access the Services and/or the digiOffice Lite Web App, whether such use is authorized by the Customer or not.
6. At any time upon notice to the Customer, Amaze may require the Customer to execute any further documents to confirm the Customer’s acceptance of, or give full effect to, these Terms.
Customer obligations
1. The Customer:
  1. shall, and shall ensure that its Users also, at all times use the Services and the digiOffice Lite Web App in accordance with these Terms.
  2. if it is a U.S. Customer, shall not (and shall ensure that its Users do not) upload, provide or submit to Amaze any patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”) or any similar foreign, U.S. federal or state laws, rules or regulations; Amaze shall have no liability to Customer, its Users or any other party under this Agreement for the foregoing.
2. The Customer shall ensure that its use of the Services and/or the digiOffice Lite Web App, including the submission of any information, data, images, videos, audio, files, links to external digiOffice Lite Web Apps, communication between Users, and all other material of any format ("Submissions"):
  1. comply with all applicable laws and legislations, including, but not limited to any data privacy, consumer protection and anti-spam laws and regulations applicable in Customer’s jurisdiction.
  2. do not infringe any intellectual property rights or other proprietary rights of any third party;
    1. be offensive, illegal, inappropriate or in any way:
      1. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
      2. harass or advocate harassment of another person;
      3. display pornographic or sexually explicit material;
      4. promote any conduct that is abusive, threatening, obscene, defamatory or libelous;
      5. promote any illegal activities;
      6. provide instructional information about illegal activities, including violating someone else’s privacy;
      7. create computer viruses or implement any form of software or scripts onto the digiOffice Lite Web App that have the appearance of coming from a user (for the avoidance of doubt, this shall not apply to API use);
      8. promote or contain information that you know or believe to be inaccurate, false or misleading;
      9. engage in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent;
      10. exploit people in a sexual or violent manner; or
      11. invade or violate any third party’s right to privacy;
    2. register the same Customer more than once for the purpose of circumventing Customer limitations which have been created by the digiOffice Lite Web App such as the number of users the Customer is permitted to create;
    3. request payments from Users or Candidates; and
    4. transmit "junk mail", or "chain letters", or unsolicited mass mailing, messaging or "spamming"; and the Customer hereby indemnifies Amaze for all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by Amaze which arise directly or indirectly from a breach by the Customer of this clause 3.b.
  3. Unless otherwise explicitly stated by Amaze, Amaze does not vet, verify the accuracy, correctness and completeness of, edit or modify any Submissions or any other information, data and materials created, used, stored in the platform including in the Employee Management functionality (if the Customer utilizes this service) and/or published by the Customer on the digiOffice Lite Web App to determine whether they may result in any liability to any third party. The Customer hereby warrants that the Customer has the right to use, collect and store any and all such information and material.
  4. Subject to clause 3.c, Amaze may enhance the Profile by using data related to the User, obtained from third parties. Such additional information may include links to any social media digiOffice Lite Web Apps used by Amaze in enhancing the Profile. In such circumstances, Amaze does not vet, verify the accuracy, correctness and completeness of such data used to enhance the Profile and no guarantee is given that any enhancements to the Profile will be error free or ultimately achieve any enhancement to the Profile and it is the responsibility of the Customer to verify the accuracy of such information before making any HR decisions.
  5. Notwithstanding clause 3.c, Amaze reserves the right to refuse to publish any Submissions, or to at any time remove or edit a Submission (in whole or in part), if Amaze has reason to believe that the Customer’s use of the Services and/or the digiOffice Lite Web App breaches these Terms.
  6. The Customer shall not:
    1. at any time use the Services and/or the digiOffice Lite Web App with the purpose of impersonating another user or person;
    2. use the information made available to the Customer through its use of the Services and/or the digiOffice Lite Web App for any purpose other than in connection with HR-related matters, employee data management and payroll;
    3. do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any person or all or any part of any computer, computer network, telecommunications service or infrastructure.
  7. Amaze takes breaches of the Terms, and in particular, this clause 3, very seriously and therefore reserves the right to take any action that Amaze deems necessary. This can include, without limitation, suspension or termination of the Customer’s use of the Services and/or access to the digiOffice Lite Web App. In certain circumstances Amaze may choose to instigate legal proceedings as appropriate if there is any illegal use of the Services and/or the digiOffice Lite Web App, or disclose information to any third party who is claiming that any material posted or uploaded onto the digiOffice Lite Web App constitutes a violation of their intellectual property rights or of their right to privacy or if the material is posted without that third party’s prior consent. The Customer shall promptly notify Amaze if it is aware of any or any suspected breaches of this clause 3 by its Users.
Marketplace Partners
1. Amaze may offer Customers the option to purchase additional products and services that provide functionality that compliments the Services and are supplied by third parties (each such third party being a “Marketplace Partner”).
2. Amaze does not itself provide the products or services provided by the Marketplace Partners and the contract for the sale of such products and services is concluded directly between the Customer and the applicable Marketplace Partner and are subject to their individual terms of use which the Customer acknowledges and agrees to. Amaze is not the agent, joint venture or partner of either the Marketplace Partner or the Customer.
Fees
1. The fees to access the digiOffice Lite Web App and Services are as set out on the digiOffice Lite Web App or the Amaze Quote you received, as applicable ("Fees").
2. Unless stated otherwise on the digiOffice Lite Web App or the Amaze Quote, Fees shall be payable by the Customer at the beginning of each subscription term, or in the manner as set out on the digiOffice Lite Web App or the Amaze Quote and in the currency identified on the digiOffice Lite Web App or the Amaze Quote, as applicable.
3. All Fees are exclusive of VAT and all other taxes or duties and are non-refundable and non-cancelable for any reason, except as expressly provided otherwise in these Terms.
4. You agree to keep your personal information, such as contact information, billing information up to date.
5. If you pay by credit or debit card:
  1. You authorize us to charge your credit card or bank account for all Fees payable for your Subscription Term and for any renewal Term, until you decide to terminate your Subscription.
  2. In addition, you authorize us in order to process payments to use third party providers, and you provide your consent to disclose your payment information to any such third party as required.
  3. You are solely responsible for any bank fees, charged by your bank, including recurring payment fees associated with your payments to Amaze.
  4. If you pay by direct debit, where this payment option is supported, You authorize Amaze and its Affiliates to debit your bank account, for all Fees payable for your Subscription Term and for any renewal Term and to collect any amounts due according to your subscription plan. In case an Affiliate of Amaze debits your account, it will do so acting in its capacity as a collection agent of Amaze, whereas Amaze remains your contracting entity at all times.
  5. For payments via direct debit, you should make sure you have sufficient clear funds in your nominated account for your upcoming payment. Any amounts not collected due to lack of adequate funds, are collected in priority against any new charges as soon as your account has available funds.
6. For Customers on an annual plan only, upon renewal, Amaze reserves the right to increase the Fees up to an amount of 5 to 10% from the effective rates in the preceding term for the same plan and pricing tier (e.g to cover product improvements, new features, inflation etc.) Renewal price is also subject to change if your company’s size changes substantially, by applying the then current pricing tier based upon the company’s size at the time of renewal. Amaze will provide you with notice via email at least 30 days in advance for your upcoming renewal and any change in the Fees applicable.
Termination
1. The Customer may terminate the Contract at any time on the provision of written notice to Amaze. Customers that have not received a Amaze Quote (“Self Service Customers”) may terminate the Provision of the Services at any time by cancelling their subscription on the digiOffice Lite Web App.
  1. In case of an early termination in accordance with clause 6.a (i) Customer will not be entitled to a refund of any pre-paid Fees and (ii) if the Customer has not already paid the full amount of the Fees for the agreed Subscription Term, any such amount is non-cancelable, and outstanding Fees will become immediately due and payable.
2. The Storage Service shall continue after the date of termination of the Services until the Customer notifies Amaze in writing that all data of the Customer is to be erased. Amaze may terminate the Storage Services at any time after the termination of the Contract, but not earlier than 30 days after the termination of Services, and as required for compliance with applicable law.
3. Amaze shall be entitled to suspend and/or terminate the Customer’s access and use of the digiOffice Lite Web App and/or all or part of the Services or the Storage Service:
  1. if Amaze’s network providers and suppliers cease providing Amaze with their services;
  2. if Amaze believes that any applicable law has rendered any part of the Services unlawful; or
  3. if Amaze has reason to believe that the Customer has breached any of the provisions of these Terms.
4. Upon termination of the Customer’s Contract in accordance with this clause 6:
  1. the Customer may no longer access or use the Services and the digiOffice Lite Web App;
  2. in the event of termination by Amaze that is not due to any breach by the Customer, Amaze shall not refund to the Customer any prepaid Fees paid in advance for Services not provided by Amaze;
  3. save as set out in the preceding sub-clause, Fees paid in advance by the Customer are non-refundable.
Warranties
1. The Customer hereby warrants that (a) the Customer has the right and capacity to enter into and be bound by these Terms; and (b) the Customer shall comply with all applicable laws regarding the Customer’s use of the Services and the digiOffice Lite Web App; and (c) and the Customer agrees to abide by the rules and reasonable directions of Amaze relating to the digiOffice Lite Web App as may be provided by Amaze from time-to- time.
2. Amaze warrants that the Services shall be provided with reasonable care and skill in the manner which would reasonably be expected from an experienced provider of similar services.
3. Amaze relies on other service providers (such as network provider, data centres, telecommunication providers) to make the Services and the digiOffice Lite Web App available to the Customer. Whilst Amaze takes all reasonable steps available to it to provide the Customer with a good level of service, Amaze does not guarantee that such service shall be fault free or uninterrupted at all times. Amaze therefore shall not be liable in any way for any losses the Customer may suffer as a result of delays or failures of the Services and digiOffice Lite Web App as a result of Amaze’s service providers.
4. Except as expressly set out herein, to the maximum extent permitted by law, Amaze expressly excludes all representations, warranties, obligations and liabilities in connection with the Services and the digiOffice Lite Web App, including but not limited to the warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed.
5. Amaze may display or provide links or other interaction with third party digiOffice Lite Web Apps and third party advertising banners on the digiOffice Lite Web App ("Third Party digiOffice Lite Web Apps"). Use of any such Third Party digiOffice Lite Web Apps and services shall be at the risk of the Customer and are not the responsibility of Amaze. Amaze accepts no liability for the availability, suitability, reliability or content of such third party digiOffice Lite Web Apps and does not endorse the views expressed within them. All use of the Third Party digiOffice Lite Web Apps is subject to the terms and conditions of the Third Party digiOffice Lite Web App provider.
Limitation of liability
1. Subject to clauses 8.b and 8.c, the maximum aggregate liability of Amaze (including its respective agents, sub-contractors or representatives) under, arising from or in connection with the provision of the Services and/or these Terms, whether arising in contract, tort (including negligence) or otherwise (including for contractual liability under any indemnity provided by Amaze), shall not exceed a sum equivalent to the total Fees received by Amaze for a period of three (3) months preceding the event giving rise to liability.
2. To the extent permitted by law, Amaze expressly excludes:
  1. all conditions, warranties and other terms whether expressed or which might otherwise be implied by statute or common law;
  2. any liability for indirect or consequential loss which are losses incurred as a side effect of the main loss or damage;
  3. loss of profit;
  4. loss of income or revenue;
  5. loss of business or contracts;
  6. loss of goodwill and reputation;
  7. loss of expectation;
  8. loss of opportunity;
  9. loss arising out of or in connection with wasted management or office time; or
  10. arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to the Customer’s tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
3. Nothing in these Terms shall serve to limit or exclude Amaze’s liability for death or personal injury resulting from Amaze’s negligence or any liability for fraudulent misrepresentation.
Intellectual property rights
1. Amaze and its licensors own all intellectual property rights relating to the Services and the digiOffice Lite Web App, including but not limited to all software forming part of the digiOffice Lite Web App ("Software"). Those works are protected by copyright laws and treaties around the world. Nothing in these Terms will serve to transfer from Amaze to the Customer any of the Software or digiOffice Lite Web App, and all right, title and interest in and to the Software and the digiOffice Lite Web App will remain exclusively with Amaze and/or Amaze’s licensors. All rights in and to the Software and the digiOffice Lite Web App not expressly granted to the Customer are reserved by Amaze and the relevant third party licensors.
2. The Customer may print off one copy and may download extracts of any pages from the digiOffice Lite Web App solely for use by the Customer and the Customer may draw the attention of other users to Submissions or materials posted on the digiOffice Lite Web App. The Customer must not use any part of the submissions of other users and all materials on the digiOffice Lite Web App for any purpose other than accessing the digiOffice Lite Web App or obtaining a benefit from the Services in accordance with these Terms.
3. The Customer shall not, and shall procure that Users shall not: (i) modify, translate, create or attempt to create derivative copies of or copy the Software or the digiOffice Lite Web App in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Software or the digiOffice Lite Web App to source code form; (iii) distribute, sub-license, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Software or the digiOffice Lite Web App or the Customer’s right to use the Software or the digiOffice Lite Web App.
4. The Customer warrants that the Customer owns or has the right or licence to use the intellectual property rights in the Customer Information, the Openings and all information and materials provided by the Customer to Amaze.
5. The Customer hereby grants Amaze, a perpetual, sub-licensable, worldwide, royalty- free licence to publish and make available on the digiOffice Lite Web App the Customer Information, Openings and all other information and material provided by the Customer to Amaze in respect of the Services, for the purpose of providing the Services to the Customer.
6. The Customer hereby indemnifies Amaze against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of the Customer Information, Openings, and all other information and material provided by the Customer to Amaze.
7. Amaze shall indemnify Customer against any third party claim that the Software or the use thereof in accordance with these Terms and the Contract infringes or misappropriates a third party patent, trademark, copyright or trade secret under the laws of a country in which the Services are actually accessed by Customer , and shall pay any resulting damages awarded to such claimant or any settlement agreed to by Amaze and any related costs and expenses reasonably incurred by Customer; provided, that Customer notifies Amaze promptly in writing of such claim and uses commercially reasonable efforts to mitigate the damages which may be payable by Amaze hereunder. Amaze shall have sole control over the defense and settlement of such claim. Customer shall provide all information and assistance reasonably requested by Amaze, at Amaze's expense. Amaze and its affiliates, licensors and other providers shall have no liability to the extent any infringement arises out of or relates to any: (i) use or combination of Services or the Software with any third party software, hardware, application, content or service; (ii) use of the Services or the Software in a manner that does not comply with these Terms; (iii) any modification not made by Amaze or its representatives; or (iv) any matter for which Customer is obligated to indemnify Amaze pursuant to these Terms. THIS CLAUSE 10.7 STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND WORKABLE'S AND ITS AFFILIATES’ SOLE AND EXCLUSIVE LIABILITY, REGARDING INFRINGEMENT OR MISAPPROPRIATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Data processing, privacy and confidentiality
1. The Customer and Amaze shall comply with all applicable data protection and privacy laws and regulations in the performance of its obligations set out under these Terms, including the EU General Data Protection Regulation 2016/679 (“GDPR”), the UK General Data Protection Regulation (“UK GDPR”) and the UK Data Protection Act 2018, the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”), the revised Swiss Federal Act on Data Protection (“FDAP”) (collectively, “Data Protection Laws”), in each case including all other successor legislation and regulation thereto.
2. Amaze processes personal data (as such term is defined in the Data Protection Laws) which it collects as a data controller (as the term is defined in the Data Protection Laws) in the course of providing the Services. Where data is processed by Amaze as a data controller, such processing is carried out in accordance with Amaze’s Privacy and Cookies Policy.
3. For personal data which is processed by Amaze as a data processor (as the term is defined in Data Protection Laws) on the Customer’s behalf as part of the Services, Amaze will:
  1. act strictly in accordance with the Customer’s lawful and reasonable instructions (which are received via the Customer’s use of the Services) unless applicable law requires otherwise, in which case Amaze shall inform the Customer of that legal requirement before processing (unless that law prohibits such information on important grounds of public interest). Amaze shall inform the Customer if it becomes aware of an instruction by the Customer that, in Amaze’s opinion, infringes the Data Protection Laws.
  2. ensure that its personnel that are authorized to process the personal data in connection with the provision of the Services, have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
  3. implement appropriate technical and organizational security measures to protect the personal data in accordance with Data Protection Laws;
  4. enable the Customer to access, rectify, erase, restrict and transmit the personal data processed by Amaze;
  5. if a data subject (as the term is defined in Data Protection Laws) requests information from Amaze concerning the processing of personal data by the Customer or a User, promptly forward the request to the Customer;
  6. provide reasonable assistance to enable the Customer to comply with the Customer’s obligations under Data Protection Law, including using appropriate technical and organizational measures to assist the Customer in responding to data subject access requests or assist the Customer in any contacts with the supervisory authorities;
  7. make available to the Customer all information necessary to demonstrate compliance with the obligations set out in this clause 10, and allow for and contribute to audits, including inspections, conducted by or on behalf of the Customer or ensure that Amaze and/or any sub-processor will conduct audits using external auditors at least once per year.
  8. Amaze, to the extent permitted and required by applicable law, shall notify the Customer in writing, after it has become aware of any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data.
    1. The subject matter of the processing by Amaze is the provision of the services to the Customer and the nature and scope of processing by Amaze is to enable the Customer to manage its recruitment process through the use of the Services.
    2. Categories of data subjects include natural persons who submit their personal data via the Services and type of personal data is any data the Customer collects via the use of the Services including without limitation name, email, address etc.
  9. Following termination of the Services, at Customer’s choice and upon Customer’s written request and full payment of all outstanding dues, Amaze shall return or delete Customer’s Personal Data, unless further storage of such Personal Data is required or authorized by applicable law.
  10. Customer shall ensure that its collection and use of any personal data, accessed through the digiOffice Lite Web App or the Services, complies with the Data Protection Laws. The Customer hereby indemnifies Amaze against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of the Customer’s failure to comply with this clause 11.
  11. Customer hereby gives Amaze a general written authorisation to engage sub-processors and its Affiliates to process the personal data of the Customer. Amaze shall make details of its sub-processors available to the Customer on the digiOffice Lite Web App, or via notification to the Customer provided the Customer has subscribed to receive updates. Where Amaze intends to add a new sub-processor it shall make details of such new sub-processor available on the digiOffice Lite Web App at least 30 days (“Sub-processor Notice Period”) before transferring any personal data to a new sub-processor. Customer shall notify Amaze during the Sub-processor Notice Period if it objects to the new sub-processor. If the Customer does not object to the sub-processor during the Sub-processor Notice Period, the Customer shall be deemed to have accepted the sub-processor. If the Customer has raised a reasonable objection to the new sub-processor, and the parties have failed to agree on a solution within the Sub-Processor Notice Period time, the Customer shall have the right to terminate the Contract (including the Services and all Storage Services). During the Sub-Processor Notice Period, Amaze shall not transfer any personal data to the sub-processor.
  12. If Amaze transfers Personal Data protected under Data Protection Laws to a jurisdiction for which i) the European Commission or ii) the UK competent government authority or iii) the Swiss Federal Data Protection and Information Commissioner, where the FDAP applies, has not issued an adequacy decision, including the transfer of Personal Data to its subprocessors, Amaze will ensure that appropriate safeguards have been implemented for the transfer of Personal Data in accordance with Data Protection Laws, and shall rely on a valid data Transfer Mechanism, as permitted under Data Protection Laws, including the execution of the applicable Standard Contractual Clauses between Amaze and its Subprocessors. Additionally:
    1. If the processing carried out by Amaze, includes the transfer of Personal Data, which is processed under the GDPR, to a country outside of the EEA which is not recognised by the European Commission to have an adequate level of protection in accordance with Data Protection Laws, Customer and Amaze agree that such transfer is made pursuant to Module Two of the EU Standard Contractual Clauses (approved by the European Commission in decision 2021/914), which are deemed entered into (and incorporated here by this reference). This clause will not apply if all such transfers are made by Amaze to Sub-processors in line with clause 11.10.
    2. If the processing carried out by Amaze, includes the transfer of Personal Data, which is processed under the UK GDPR, outside the United Kingdom (the “UK”), and such transfer is not governed by an adequacy decision made by the UK Government in accordance with the relevant provisions of the UK GDPR and the Data Protection Act 2018, such transfers are made pursuant to Module Two of the EU Standard Contractual Clauses, as amended by the UK International Data Transfer Addendum (the “UK Addendum”) available here which is deemed entered into (and incorporated here by reference). This clause will not apply if all such transfers are made by Amaze to Sub-processors in line with clause 11.10.
  13. To the extent Amaze processes personal information of California residents on behalf of the Customer, subject to the CCPA and CPRA, in order to provide the Services, the terms of the Amaze CCPA/ CPRA Data Processing Addendum, and which is hereby incorporated by reference, shall apply and the parties agree to comply with such terms.
  14. Where the Customer elects to engage one or more of the Marketplace Partners, the parties agree that such Marketplace Partner is data processor of the Customer, supplying its products and services directly to the Customer. Marketplace Partners are not sub-processors of Amaze.
  15. Where the Customer uses a Marketplace Partner’s services the Customer hereby acknowledges and agrees that personal data may be passed between Amaze and the Marketplace Partner. It is the Customer’s express instruction that Amaze provides such personal data to the Marketplace Partner.
  16. Where Amaze receives personal data from one or more Marketplace Partners in respect of which Amaze reasonably believes that the Customer is the data controller, the Customer hereby instructs Amaze to process such personal data on the Customer’s behalf.
  17. As used under these Terms “Confidential Information” is all information pertaining to business, technology, affairs, customer, clients or suppliers, marketing plans etc. that is designated as confidential or that reasonably should be understood to be confidential, as disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”). Without limitation Amaze’s Confidential information shall include among the others, the Services, pricing, and Quote details. The Receiving party shall hold in trust and maintain as strictly Confidential all Confidential information disclosed to the other. The Receiving party agrees to use the same degree of care to prevent the unauthorized disclosure of Confidential information as the Receiving party uses to prevent disclosure of its own Confidential information, but in any event with no less care than a reasonable party in a similar line of business would apply to the protection of similar information. Notwithstanding the foregoing, the term Confidential Information shall not include, information which has been published other than through a breach of these Terms; information lawfully in the possession of the receiving party without an obligation of confidentiality before its disclosure hereunder took place; information obtained from a third party who is free to disclose it; and information proved to be independently developed by a party.
    1. Confidential information shall only be used by the Receiving party for the purposes of, and to the extent necessary for, performing the obligations of the Receiving party under these Terms, and the Receiving party shall not disclose Confidential information to any third party unless otherwise authorised by the Disclosing party in writing, or except to its Affiliates, employees, subcontractors (collectively, “Representatives”) who need to know such Confidential information for the purpose of exercising the Receiving party’s rights and performing the Receiving party’s obligations under these Terms, provided those Representatives commit themselves to similar confidentiality obligations.
    2. The Receiving Party shall be entitled to make any disclosure of the Disclosing Party's Confidential Information as may be required by or essential to comply with any law or the requirements of any government or regulatory authority acting within the scope of its powers, provided that (where legally permitted) it gives the Disclosing Party as much notice as is reasonably practicable prior to such disclosure. In addition, the Receiving Party shall take into account the reasonable requests of the Disclosing Party in relation to the content of this disclosure.
General
1. If Amaze fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve the Customer from compliance with such obligations. No waiver by Amaze of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing.
2. All notification and communication to Amaze should be sent to the contact details made available to the Customer on the digiOffice Lite Web App.
3. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
4. The Customer acknowledges that in entering into these Terms, the Customer has not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the digiOffice Lite Web App, the Internet or in negotiation between the parties except as expressly set out in these Terms.
5. The Customer agrees that Amaze may identify the Customer as a user of the Software and use Customer's trademark and/or logo (i) in sales presentations, promotional/marketing materials and communications, and press releases, and (ii) in order to develop a brief customer profile for use by Amaze on Amaze's digiOffice Lite Web App for promotional purpose.
6. Amaze reserves the right to modify these Terms at any time, by revising them on the digiOffice Lite Web App, provided that any such modifications do not materially change the overall functionality of the Services or substantially diminish Customer’s rights and create substantial Customer obligations. Any changes Amaze may make to this document in the future will be notified and made available to the Customers that have subscribed to be notified by using the form at the bottom of this page.
7. This Contract shall commence on the Effective Date as specified in the digiOffice Lite Web App or the Amaze Quote, as applicable, and continue for the duration of your subscription length. The term of this Contract shall thereafter renew on each anniversary of the Effective Date for successive terms of one (1) year, unless the Customer notifies Amaze in writing at least 30 days prior to the anniversary of its intention to not renew the Services, or for Self Service Customers unless they cancel their subscription on the digiOffice Lite Web App. This statement applies to subscriptions with a subscription length of a year or more.
8. These Terms shall be governed by and construed in accordance with the Philippine law of the Customer and shall be subject to the exclusive jurisdiction of Philippine courts.