Terms and Conditions

Effective Date: November 29, 2024

Welcome to Clave HR. By accessing or using our website www.clavehr.in and services, you agree to comply with and be bound by the following Terms and Conditions. Please read them carefully before using our services.

1. Introduction

Clave HR offers a comprehensive suite of HR consultancy services meticulously designed to cater to the unique needs of startups and established businesses alike. Our services encompass a wide spectrum of HR functions, including but not limited to, the design and implementation of effective onboarding processes that ensure a smooth transition for new hires, the development of robust performance management frameworks that drive employee growth and organizational success, the creation of innovative employee engagement solutions that foster a positive and productive work environment, and the provision of expert compliance guidance that ensures adherence to all applicable labor laws and regulations. By accessing and utilizing our website, currently located at www.clavehr.in, and the various services offered therein, you, the user, acknowledge and expressly agree to be bound by these Terms and Conditions. This agreement constitutes a legally binding contract between you and Clave HR, establishing the rights, obligations, and responsibilities of both parties. These terms are designed to provide a clear and unambiguous understanding of the parameters governing your use of our services. It is incumbent upon you to review these terms periodically, as they may be subject to updates or modifications at any time without prior notice. Your continued use of our services following any such modifications shall constitute your acceptance of the revised terms. If, at any time, you do not agree with any part of these terms, you must immediately discontinue your use of our services.

2. Services Offered

2.1 HR Advisory and Consulting: Clave HR provides expert guidance and strategic advice on a comprehensive range of HR-related matters, tailored to meet the specific and evolving needs of your business. Our consulting services encompass various critical areas, including organizational structure design, which ensures that your company is structured in a way that maximizes efficiency and effectiveness; policy formulation, which involves the creation of clear, concise, and legally compliant HR policies that protect your company and your employees; and HR process optimization, which focuses on streamlining your HR processes to improve efficiency and reduce costs. We are committed to ensuring that our advice aligns with current legal standards and best practices, providing a solid foundation for your HR initiatives and helping you to avoid potential legal pitfalls. Our team of experienced HR professionals stays abreast of the latest legal and regulatory developments, ensuring that our advice is always accurate and up-to-date.

2.2 Onboarding and Employee Engagement Solutions: We specialize in assisting startups and established businesses in streamlining their onboarding processes to create a positive first impression for new hires and to ensure their effective integration into the company culture. Our onboarding solutions are designed to be efficient, engaging, and compliant with all applicable laws and regulations. In addition, we design and implement customized employee engagement initiatives that foster a motivated and productive workforce. These initiatives may include team-building activities, employee recognition programs, and opportunities for professional development. Our solutions are carefully crafted to improve employee retention and satisfaction, while also ensuring compliance with relevant employment laws. We understand that a happy and engaged workforce is essential for the success of any business, and we are committed to helping our clients create a work environment that attracts and retains top talent.

2.3 Performance Management Frameworks: Clave HR designs and implements effective performance review processes and KPI tracking systems that are specifically tailored to drive employee development and organizational success. Our frameworks are built to provide clear, measurable goals and constructive feedback, ensuring alignment with overall business objectives. We work closely with our clients to understand their specific needs and goals, and we develop performance management systems that are both effective and fair. We also ensure that these frameworks comply with all legal requirements related to performance management and documentation, protecting our clients from potential legal challenges. Our performance management solutions are designed to be transparent, objective, and focused on helping employees reach their full potential.

2.4 Compliance Guidance: We provide comprehensive support and guidance on labor law compliance, ensuring that businesses operate within the legal frameworks of their respective jurisdictions. Our services include advising on employment contracts, workplace policies, and compliance audits to mitigate legal risks. We stay updated with the latest regulatory changes to provide accurate and timely advice, helping you avoid potential legal issues.

Clave HR reserves the right to modify, update, or discontinue any service at its sole discretion, with prior notice to existing clients where applicable. Any such modification or discontinuation shall not affect the client's obligation to pay for services already rendered.

3. User Responsibilities

3.1 Accuracy of Information: As a user of Clave HR's services, you are solely responsible for providing accurate, current, and complete information when utilizing our services. This includes, but is not limited to, personal data, business details, and any other information necessary for Clave HR to deliver effective and tailored HR solutions. Providing false or misleading information may impact the quality of our services and could potentially lead to non-compliance with legal requirements.

3.1.1 Information Updates: It is your responsibility to regularly update your information to reflect any changes.

3.1.2 Prohibition of Inaccurate Information: You are prohibited from providing inaccurate or outdated information.

3.2 Compliance with Laws: Clients are solely responsible for ensuring that their HR practices, policies, and decisions comply with all applicable labor laws, regulations, and standards in their respective jurisdictions. Clave HR provides guidance and support but does not assume liability for clients' non-compliance. It is essential to consult with legal counsel to ensure full adherence to local, state, and federal laws.

3.2.1 Legal Consultation: It is your responsibility to consult with legal experts to ensure compliance.

3.2.2 Non-Reliance on Clave HR for Legal Compliance: You should not rely solely on Clave HR for legal compliance advice.

3.3 Prohibited Activities: Users are prohibited from misusing the website, engaging in fraudulent activities, or attempting unauthorized access to our systems or data. This includes, but is not limited to, hacking, data scraping, distributing malware, or any activity that disrupts or interferes with the proper functioning of our services. Any such activities will be subject to legal action and immediate termination of services.

3.3.1 Lawful Use: You must use the website and services for lawful purposes only.

3.3.2 Prohibition of Harmful Activities: You are prohibited from engaging in any activity that could harm the website, its users, or Clave HR.

4. Payment & Refund Policy

4.1 Fees & Invoicing: Payment for services rendered by Clave HR will be based on the agreed-upon contract or pricing model specified at the time of engagement. Clients will receive invoices detailing the services provided and the corresponding fees. All fees are exclusive of applicable taxes, which shall be borne by the client.

4.2 Payment Terms: Payments must be made within the stipulated time frame as clearly mentioned in the invoice. Late payments may incur interest charges at a rate of 1.5% per month, or the highest rate permitted by law, whichever is lower, until the balance is paid in full. Clave HR reserves the right to suspend services for accounts with overdue payments. In the event of a dispute regarding an invoice, the client must notify Clave HR in writing within 10 days of the invoice date.

4.3 Credits: As part of our service offerings, clients may purchase or receive credits that can be used to access specific HR solutions or consulting services. The usage and applicability of credits will be governed by the terms outlined at the time of purchase or allocation.

4.4 Non-Transferability and Non-Refundability of Credits: All credits issued by Clave HR are non-transferable and non-refundable, except as expressly provided in a written agreement between Clave HR and the client. Once purchased or allocated, credits cannot be exchanged for cash or transferred to another account or user. Any unused credits will expire as per the terms specified at the time of issuance.

4.5 Refund Policy: Refunds, if applicable, will be processed strictly based on the conditions outlined in the respective service agreement or contract. Refund requests must be submitted in writing to contact@clavehr.in, clearly stating the reasons for the request and including any supporting documentation. All refund requests are subject to review and approval by Clave HR management, and any approved refunds will be issued in accordance with applicable laws and regulations. Clave HR reserves the right to deny a refund if the services were performed as agreed or if the request does not comply with the terms of the service agreement.

5. Privacy Policy

Clave HR is committed to protecting the privacy of its users. This Privacy Policy outlines our practices regarding the collection, use, and disclosure of your information when you use our website and services. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy.

5.1 Data Collection: We collect both Personal Identifiable Information (PII) and non-PII data. PII includes information that can identify you, such as your name, email address, phone number, and company details. Non-PII includes aggregated or anonymized data that cannot be directly linked to you.

5.2 Use of Data: Your data is used to provide, maintain, and improve our services, to communicate with you, and to personalize your experience. We may also use your data for analytics, research, and to comply with legal obligations.

5.3 Data Security: We implement industry-standard security measures to protect your data from unauthorized access, use, or disclosure. These measures include encryption, firewalls, and regular security audits. However, no method of transmission over the Internet or method of electronic storage is completely secure, so we cannot guarantee absolute security. In the event of a data breach, Clave HR will comply with all applicable legal requirements, including notification obligations.

5.4 PII Data Tagging and Accessibility: We employ data tagging mechanisms to identify and categorize PII, ensuring that it is handled with the utmost care. Access to PII is restricted to authorized personnel only, and we maintain strict access controls to prevent unauthorized access.

5.5 AI Models: As part of our service offerings, we may utilize AI models to enhance and personalize your experience. These models are designed to process data in a secure and privacy-preserving manner. By using our services, you consent to the processing of your data by these AI models. We ensure that these models comply with all applicable data protection laws and regulations.

5.6 Mutual Responsibility: Clave HR and its clients share a mutual responsibility to ensure the highest standards of data privacy and security. We are committed to complying with all applicable data protection laws and regulations, and we expect our clients to do the same.

5.7 Data Retention: We retain your data for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

5.8 Your Rights: You have the right to access, correct, or delete your personal data. You may also have the right to object to or restrict certain processing of your data. To exercise these rights, please contact us at contact@clavehr.in. We will respond to your request within the time frame specified by applicable law.

5.9 Third-Party Services: Our services may contain links to third-party websites or services. We are not responsible for the privacy practices of these third parties, and we encourage you to review their privacy policies before providing any personal information.

5.10 Updates to this Privacy Policy: We may update this Privacy Policy from time to time. We will notify you of any significant changes by posting the new Privacy Policy on our website or by sending you a direct notification. Your continued use of our services after the effective date of the revised Privacy Policy constitutes your acceptance of the changes.

6. Limitation of Liability

6.1 Exclusion of Consequential Damages: To the fullest extent permitted by applicable law, neither Clave HR nor its affiliates, officers, directors, employees, agents, suppliers, or licensors shall be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, damages for loss of profits, revenue, data, use, goodwill, or other intangible losses, arising out of or in connection with (i) your access to or use of, or inability to access or use, the services; (ii) any conduct or content of any third party on the services, including, without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not Clave HR has been advised of the possibility of such damages.

6.2 Cap on Liability: In no event shall the aggregate liability of Clave HR, its affiliates, officers, directors, employees, agents, suppliers, or licensors, exceed the amount actually paid by you to Clave HR for the services giving rise to the claim during the three (3) months immediately preceding the event giving rise to such liability. This limitation of liability is a fundamental element of the basis of the bargain between Clave HR and you.

6.3 Disclaimer of Reliance: Clave HR provides its services on an "as is" and "as available" basis. Clave HR makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content, materials, or products included on this website. You expressly agree that your use of these services is at your sole risk.

6.4 Force Majeure: Clave HR shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Clave HR's reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

7. Intellectual Property Rights

7.1 Ownership: All content, materials, and intellectual property on this website, including but not limited to logos, graphics, text, images, software, databases, and service descriptions, are the exclusive property of Clave HR or its licensors and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws. This includes the compilation, design, arrangement, and assembly of the content of this website.

7.2 Restrictions on Use: Except as expressly authorized by Clave HR, users are strictly prohibited from copying, reproducing, modifying, distributing, displaying, performing, or creating derivative works of any content without the prior express written consent of Clave HR. This prohibition includes, but is not limited to, the use of any content for commercial purposes, advertising, or any other form of solicitation, unless explicitly authorized in writing by Clave HR.

7.3 Enforcement: Clave HR actively and aggressively enforces its intellectual property rights to the fullest extent of the law. Unauthorized use, reproduction, or distribution of any intellectual property belonging to Clave HR may result in legal action, including, without limitation, claims for copyright infringement, trademark infringement, patent infringement, trade secret misappropriation, and other violations of intellectual property rights. Clave HR reserves the right to seek injunctive relief, monetary damages, statutory damages, attorneys' fees, and any other remedies available under applicable law to protect its intellectual property rights.

8. Governing Law & Dispute Resolution

8.1 Governing Law: These Terms and Conditions and any disputes arising out of or in connection with these Terms and Conditions or your use of our services shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law principles.

8.2 Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Bangalore, India.

8.3 Arbitration Process: The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement between the parties. If the parties fail to agree on an arbitrator within thirty (30) days, the arbitrator shall be appointed by the High Court of Karnataka. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on both parties.

8.4 Jurisdiction: Subject to the arbitration clause above, in the event that a dispute is not subject to arbitration or the arbitration process fails for any reason, the parties submit to the exclusive jurisdiction of the courts located in Bangalore, India, for the resolution of any such dispute.

8.5 Injunctive Relief: Notwithstanding the foregoing, Clave HR reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

9. Modifications to Terms and Conditions

9.1 Right to Amend: Clave HR reserves the right, at its sole discretion, to amend, modify, or replace these Terms and Conditions, in whole or in part, at any time without prior notice to the fullest extent permitted by applicable law. Such modifications shall become effective immediately upon posting the revised Terms and Conditions on our website, unless otherwise specified.

9.2 Notification of Changes: While Clave HR is not obligated to provide prior notice of all modifications, for any material changes to these Terms and Conditions that may significantly affect your rights or obligations, we will endeavor to provide advance notice via email or by posting a prominent notice on our website. The determination of what constitutes a material change shall be made at our sole discretion, exercised in good faith and using reasonable judgment. However, it remains your responsibility to periodically review these Terms and Conditions for any updates or changes.

9.3 Acceptance of Revised Terms: By continuing to access or use our website and services after any revisions to these Terms and Conditions become effective, you acknowledge and agree to be bound by the revised terms. Your continued use constitutes your express and unequivocal acceptance of the modified Terms and Conditions. If you do not agree to the new or revised terms, in whole or in part, your sole recourse is to discontinue using the website and the services immediately.

9.4 Continued Use as Acceptance: Your continued use of the website or services following the posting of any changes to these Terms and Conditions constitutes conclusive evidence of your acceptance of those changes. It is your responsibility to remain informed of any updates, and Clave HR shall not be liable for any consequences resulting from your failure to review and understand the revised Terms and Conditions.

10. Contact Information

If you have any inquiries, concerns, or require clarification regarding these Terms and Conditions, or if you wish to report a potential violation of these terms, we encourage you to contact us through the following channels:

10.1. Email Communication: For electronic correspondence, please direct your communications to contact@clavehr.in. We endeavor to acknowledge receipt of your email within one business day and provide a substantive response within two business days. Please ensure that your email includes sufficient detail to allow us to address your inquiry effectively.

10.2. Telephonic Communication: You may contact us via telephone at 9884058529 during our business hours, which are Monday to Friday, 9:00 AM to 6:00 PM Indian Standard Time (IST). Please note that while we strive to answer all calls promptly, there may be instances where immediate assistance is not possible. In such cases, we recommend sending an email to ensure a timely response.

10.3. Formal Legal Notices: For formal legal notices, demands, and other official correspondence requiring a written record, please send a physical communication to our registered office address, as duly listed and maintained on our official website. Please ensure that all such communications are sent via certified mail with return receipt requested to confirm delivery.

10.4. Acknowledgment and Acceptance: By accessing or utilizing our website and services, you hereby acknowledge that you have carefully read, fully understood, and voluntarily agree to be unconditionally bound by these Terms and Conditions, which constitute a legally binding agreement between you, the user, and Clave HR. Your continued use of our website and services signifies your unequivocal and express acceptance of these terms, as they may be lawfully amended, modified, or supplemented by us from time to time. If you do not agree with any provision or aspect of these terms, you must immediately discontinue any and all use of our services.