Terms of Service
ShandaHR (Private) Limited · Harare, Zimbabwe
Please read these Terms of Service carefully before using the ShandaHR platform. By creating an account or accessing our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Platform.
1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer”, “you”, or “your”) and ShandaHR (Private) Limited(“ShandaHR”, “we”, “our”, or “us”), a company incorporated under the laws of Zimbabwe.
By registering for an account, accessing the Platform via any device, or clicking “I Agree” on any ShandaHR interface, you confirm that:
- You have read, understood, and agree to these Terms in their entirety.
- Where you accept on behalf of an organisation, you have the authority to bind that organisation to these Terms.
- You are at least 18 years of age and legally capable of entering into this agreement.
2. Services Provided
ShandaHR provides a cloud-based Human Resources Information System (“HRIS”) delivered as a Software-as-a-Service (“Platform”). The Platform includes, but is not limited to:
- Employee profile management and digital records
- Payroll processing, payslip generation, and tax computation
- Leave tracking and approval workflows
- Onboarding automation and task management
- Performance reviews and goal tracking
- Recruitment pipeline and job-portal management
- HR document library (policies, contracts, guides)
- Employee self-service portal
- WhatsApp HR assistant integration
- Community forum and internal communications
- IT asset and equipment tracking
The features available to you depend on your selected subscription plan (Starter, Growth, or Pro). ShandaHR reserves the right to modify, add, or remove features at any time with reasonable notice.
3. Account Registration & Security
To access the Platform you must register and maintain a valid account. You agree to:
- Provide accurate, complete, and current registration information.
- Maintain the accuracy of that information throughout your subscription.
- Keep your login credentials strictly confidential and not share them with any third party.
- Notify us immediately at support@shandahr.com of any suspected unauthorised access or security breach.
- Accept responsibility for all activities conducted under your account.
Company Accounts
When you register on behalf of a company, you create a Company Account. You control access for your administrators and employees. You are solely responsible for managing roles and permissions within your account, and for ensuring that all users comply with these Terms.
Account Integrity
ShandaHR reserves the right to suspend accounts showing suspicious activity, brute-force attempts, or policy violations, pending investigation. We will make reasonable efforts to notify you before or promptly after suspension.
4. Subscription Plans & Billing
4.1 Plans
ShandaHR offers three subscription tiers — Starter, Growth, and Pro — each providing different feature sets and employee seat allowances. Current plan details are published at shandahr.com/pricing.
4.2 Pricing & Currency
Subscription fees are denominated in USD and are payable in advance on a monthly or annual basis. We reserve the right to revise pricing with a minimum of 30 days’ written notice to existing subscribers. Revised pricing applies to the next billing cycle after the notice period.
4.3 Payment & Overdue Accounts
Fees are due on the billing date associated with your account. Where payment is not received, we will issue a reminder. If the account remains unpaid for 7 days after the due date, we may suspend access to the Platform until payment is made.
4.4 Refund Policy
Subscription fees are non-refundable except as required by applicable law. If ShandaHR terminates your account without cause, we will pro-rate and refund any prepaid unused fees for the remaining term.
4.5 Taxes & Duties
All fees are exclusive of VAT, withholding taxes, and any other applicable taxes or levies. You are responsible for all such taxes applicable to your use of the Platform under the laws of your jurisdiction.
5. Data & Privacy
5.1 Ownership of Customer Data
You retain full ownership of all data you upload to, generate within, or export from the Platform (“Customer Data”), including all employee personal information. ShandaHR acquires no ownership rights in Customer Data.
5.2 Data Processing Roles
You are the Data Controller for all personal data of your employees and other individuals in your Customer Data. ShandaHR acts as a Data Processor, processing such data only on your documented instructions and for the purposes of delivering the Platform.
5.3 Data Processing Agreement
Our Data Processing Agreement (“DPA”), which forms part of these Terms, governs how we handle Customer Data in compliance with Zimbabwe’s Cyber and Data Protection Act [Chapter 12:07] (“CDPA”). You agree to the DPA terms by accepting these Terms.
5.4 Security Measures
We implement industry-standard technical and organisational security measures including AES-256 encryption at rest, TLS 1.3 in transit, role-based access controls, and regular independent security audits. See our Privacy Policy for full details.
5.5 Aggregated Data
We may compile and use anonymised, aggregated, de-identified data derived from Customer Data to improve our services, generate benchmarks, and conduct research. Such data will never identify you or your employees.
6. Acceptable Use Policy
You agree that you will not, and will not permit your users to:
- Use the Platform for any unlawful purpose or in violation of any applicable law or regulation.
- Upload, store, or transmit any content that is defamatory, discriminatory, harassing, or infringes any third-party rights.
- Reverse-engineer, decompile, disassemble, or attempt to extract the source code of the Platform.
- Use automated scripts, bots, scrapers, or crawlers to access the Platform in a way that overloads our infrastructure.
- Attempt to bypass or circumvent any security measure, access control, or authentication mechanism.
- Introduce malware, ransomware, viruses, or any malicious code into the Platform.
- Resell, sublicense, or otherwise provide access to the Platform to third parties without our express written consent.
- Use the Platform to process personal data beyond the scope described in your subscription.
- Impersonate ShandaHR, another customer, or any individual in a misleading manner.
- Remove, obscure, or alter any proprietary notices, logos, or trademarks displayed on the Platform.
Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account and may expose you to civil and criminal liability.
7. Intellectual Property
7.1 ShandaHR Intellectual Property
All rights, title, and interest in and to the Platform — including its software, source code, algorithms, database schemas, user interface designs, documentation, trademarks, trade names (“ShandaHR”), and the ShandaHR logo — are and remain the exclusive property of ShandaHR (Private) Limited. Nothing in these Terms transfers any ownership interest to you.
7.2 Licence to Use
Subject to your compliance with these Terms and timely payment of fees, ShandaHR grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for your internal HR management purposes during the term of your subscription.
7.3 Customer Content Licence
You grant ShandaHR a limited, non-exclusive, worldwide licence to host, copy, transmit, and display your Customer Data solely to the extent necessary to provide the Platform services to you. This licence terminates upon deletion of your data or termination of your account.
7.4 Feedback
Any feedback, suggestions, or ideas you provide about the Platform (“Feedback”) may be used by ShandaHR freely, without restriction or compensation to you. Feedback does not constitute Customer Data.
8. Service Availability & SLA
ShandaHR aims to maintain 99.5% monthly uptime for the core Platform infrastructure, excluding:
- Scheduled maintenance windows (notified at least 48 hours in advance)
- Emergency security patches (notified as soon as reasonably practicable)
- Downtime caused by third-party service providers (e.g. hosting, CDN, database)
- Force majeure events including natural disasters, government actions, or network outages beyond our control
- Customer-caused downtime resulting from misuse or incorrect configuration
We will communicate service status and incidents through our status page and, where impactful, by direct email notification to account administrators.
9. Confidentiality
Each party (“Receiving Party”) agrees to keep confidential all non-public information disclosed by the other party (“Disclosing Party”) that is designated as confidential or that reasonably should be understood to be confidential given its nature (“Confidential Information”).
Customer Data is deemed Confidential Information of the Customer. ShandaHR’s pricing, unreleased features, and security configurations are deemed Confidential Information of ShandaHR.
Confidential Information does not include information that:
- Is or becomes publicly available through no fault of the Receiving Party
- Was rightfully known to the Receiving Party prior to disclosure
- Is independently developed by the Receiving Party without use of Confidential Information
- Is required to be disclosed by law, court order, or regulatory authority (with prompt prior notice where permitted)
Each party will use Confidential Information solely to exercise its rights and fulfil its obligations under these Terms, using at least the same degree of care it applies to its own similar information (and no less than reasonable care).
10. Warranties & Disclaimers
10.1 ShandaHR Warranty
ShandaHR warrants that the Platform will perform materially in accordance with its published documentation under normal use conditions during your subscription term.
10.2 Customer Warranties
You warrant that (a) you have all rights necessary to provide Customer Data to the Platform, (b) Customer Data does not violate applicable law or third-party rights, and (c) you will use the Platform in compliance with these Terms.
10.3 Disclaimer
Except as expressly stated in section 10.1, the Platform is provided “as is” and “as available”. To the fullest extent permitted by Zimbabwe law, ShandaHR disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
ShandaHR does not warrant that the Platform will be error-free, uninterrupted, or that all defects will be corrected. We are not responsible for the content, accuracy, or legality of materials you store in the Platform.
11. Limitation of Liability
To the maximum extent permitted by Zimbabwe law, ShandaHR’s total cumulative liability arising out of or related to these Terms — whether in contract, tort (including negligence), or otherwise — shall not exceed the total fees paid by you in the twelve (12) months immediately preceding the event giving rise to the claim.
In no event shall ShandaHR be liable for any: (i) indirect, incidental, or consequential damages; (ii) loss of profits, revenue, or business; (iii) loss or corruption of data; (iv) punitive or exemplary damages; (v) loss of goodwill; — even if advised of the possibility of such damages.
Nothing in this clause limits liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability that cannot be excluded by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless ShandaHR (Private) Limited and its directors, officers, employees, agents, and licensors from and against all claims, actions, proceedings, damages, losses, penalties, fines, and reasonable legal fees arising from:
- Your use of the Platform in violation of these Terms or applicable law
- Any false or misleading information you provide to ShandaHR
- Your infringement or alleged infringement of any third-party intellectual property rights
- Customer Data that violates applicable law or third-party rights
- Your failure to obtain proper consent to collect and process employee personal data
ShandaHR will notify you of any such claim and cooperate reasonably in the defence at your expense. ShandaHR reserves the right, at its own cost, to assume exclusive control of the defence of any matter otherwise subject to indemnification.
13. Termination
13.1 Termination by You
You may cancel your subscription at any time from within your account settings. Cancellation takes effect at the end of the current billing period. You will retain access until that date.
13.2 Termination by ShandaHR
ShandaHR may suspend or terminate your account with immediate effect if you: (a) commit a material breach of these Terms and fail to cure it within 14 days of written notice; (b) fail to pay fees after the grace period; (c) engage in activities that endanger Platform security or other customers; or (d) as required by applicable law or regulatory order.
13.3 Effect of Termination
- Your access to the Platform and all related services ceases immediately upon termination.
- We will retain your Customer Data for 90 days following the termination date, during which you may export it using the Platform's export tools.
- After 90 days, your Customer Data will be permanently and irreversibly deleted from our systems.
- Termination does not relieve you of any obligation to pay fees accrued up to the termination date.
- Provisions that by their nature should survive (Confidentiality, IP, Liability, Indemnification, Governing Law) will survive termination.
14. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Republic of Zimbabwe, without regard to its conflict-of-law provisions.
14.1 Negotiation
Before initiating any formal proceeding, each party agrees to attempt to resolve the dispute through good-faith negotiation for a period of 30 days from the date of written notice of the dispute.
14.2 Arbitration
If negotiation fails, the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration Act [Chapter 7:15] of Zimbabwe. The seat of arbitration shall be Harare, Zimbabwe. The arbitration shall be conducted in English by a single arbitrator agreed upon by the parties, or, failing agreement, appointed by the Arbitration Foundation of Southern Africa (AFSA).
14.3 Injunctive Relief
Nothing in this clause prevents either party from seeking urgent interim relief from a competent court where necessary to protect intellectual property rights or prevent irreparable harm.
15. General Provisions
- Entire Agreement — These Terms, our Privacy Policy, and any applicable Order Form or DPA constitute the entire agreement between the parties and supersede all prior understandings.
- Amendments — We may update these Terms from time to time. Material changes will be communicated by email and via an in-platform notice at least 14 days before taking effect. Continued use after that date constitutes acceptance.
- Severability — If any provision is found unenforceable by a court of competent jurisdiction, that provision is severed and the remaining Terms continue in full force.
- No Waiver — Failure by either party to enforce any right or provision does not constitute a waiver of future enforcement.
- Assignment — You may not assign or transfer these Terms or any rights herein without ShandaHR's prior written consent. ShandaHR may assign these Terms in connection with a merger, acquisition, or sale of assets with notice to you.
- Force Majeure — Neither party is liable for any failure or delay in performance due to circumstances beyond its reasonable control.
- Relationship — The parties are independent contractors. Nothing creates a partnership, joint venture, agency, franchise, or employment relationship.
- Notices — Legal notices to ShandaHR must be sent in writing to legal@shandahr.com. ShandaHR may send notices to the email address on file for your account.
16. Contact Information
For questions or concerns about these Terms, please contact us:
ShandaHR (Private) Limited
Harare, Zimbabwe
General enquiries: hello@shandahr.com
Legal matters: legal@shandahr.com
Technical support: support@shandahr.com
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