Terms of Service
Last updated: 16/ 01/ 2019
Welcome to Adeptforms!
Adept Ventures Pte Ltd (“Adeptforms,” “our,” “we,” or “us”) provides some services for security industry and cleaning industry. Please read our Terms of Service so you understand the information with your use of Adeptforms. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).
Adeptforms Services!
Adeptforms provides various services such as form management, booking management, task management, sos, e-learning, and adeptdrive (“Service” or “Services”). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent
Adeptforms mobile version may required to update the software regarding improving the Services including add or remove important functionalities. Kindly update the software regularly to get the recent Services that we provide.
Probably you will use 4G/ LTE network provided by your carrier when using Adeptforms Service, please note that you may be charged additional data fees by your carrier. You have full responsibility for any additional data charges while using Adeptforms Services.
User Sign up Obligation
You need to sign up for a user account by providing all required information in order to access or use the Services. You will sign up represent an organization, we recommend that you, all other users from your organization by providing your corporate contact information. All users sign up will be under the organization domain, we recommend you to inform the person in charge of your organization regarding for signing up the user
Email and Third Parties Delivery
You may need a notification of submission. Adeptforms provides the notification by sending to email or third parties application. Adeptforms use your email and third parties integration account for sending submission. We do not guarantee the email or other message from third party can be sent exactly in time after submitting the form. Probably you will get the notification couple of minutes later once you submitting the form.
Adeptforms Protects your Personal Information
We recognise the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data. This Data Protection Policy is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us, as well as to assist you in making an informed decision before providing us with any of your personal data.
Adeptforms Protects the Copyright of the Contents
Adeptforms respects your intellectual property rights. You may submit various information such as data, text, software, music, sound, photographs, graphic, video, message, tags or other materials through Adeptforms Service (“Forms”). Adeptforms doesn’t claim the ownership of any information you submit.
You own all rights to your Forms, Submission, and Report. If you decide to make a Form “public”, you grant Adeptforms Pte Ltd fully sublicensable license to use, distribute, publish, translate, publicly perform, and publicly display your Forms (in whole or in part).
Some Services may offer ways to access and remove the content that you have provided to such Services. Also, for certain Services, there are settings that can limit the scope of Adeptforms’s use of the content submitted through such Services. You can find more information about how Adeptforms uses and stores your content in the Adeptforms Privacy Policy or you can contact the Q&A Center for each Service.
Fees and Payment
Adeptforms provides the Services available under subscription plans of various kind. The subscription based on the amount of location and which services you use. You may would like to add or change the location or services of the subscription, you can reach us by contacting our finance team accountservice@adepthq.com.
Governing Law
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of Singapore state. You may be subject to other local, province, or state or national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Singapore state for any dispute arising under or relating to this agreement and waive your right to institute legal proceedings in any other jurisdiction.
CONFIDENTIALITY AND SECURITY
The Vendor shall maintain the confidentiality and security of the customer’s confidential information. The Vendor shall use commercially reasonable security measures to protect the customer’s confidential information from unauthorized access, use, or disclosure. The Vendor shall not disclose the customer’s confidential information to any third party, except as required by law or as expressly permitted in writing by the customer. The Vendor shall promptly notify the customer in the event of any unauthorized access, use, or disclosure of the customer’s confidential information.
CONFIDENTIALITY AND SECURITY
The Vendor shall maintain the confidentiality and security of the customer’s confidential information. The Vendor shall use commercially reasonable security measures to protect the customer’s confidential information from unauthorized access, use, or disclosure. The Vendor shall not disclose the customer’s confidential information to any third party, except as required by law or as expressly permitted in writing by the customer. The Vendor shall promptly notify the customer in the event of any unauthorized access, use, or disclosure of the customer’s confidential information.
BACKUP CLAUSES
The vendor shall maintain and implement a comprehensive data backup and recovery plan for the Software and its related data. The vendor shall perform regular backups of the Software and its related data, and shall store such backups in a secure off-site location. In the event of a data loss or corruption, the vendor shall use commercially reasonable efforts to restore the lost or corrupted data from the latest available backup. The vendor shall also provide the customer with access to the backup data upon request.
UPTIME MONITORING
The Vendor shall be responsible for monitoring the solution’s availability utilizing up-time checking tools to ensure that the solution is operating at a rate of no less than 99%. In the event that the solution becomes unavailable, the Vendor shall be promptly notified and shall take all necessary measures to restore the solution to an operational state in a timely manner.
SUPPORT TIMING
The Vendor shall provide technical support for the solution through various accessible channels via its support team. The support team shall be available to assist the customer during the hours of 9:00 AM to 6:00 PM, Monday through Saturday, Singapore Standard Time (GMT+8).
Support Email: support@adeptforms.com
Online Support: WhatsApp
Case/Incident Management Software: Jira
Support desk/call center shiftwork scheduling:
Support hours are between 9 am to 6 pm from Monday to Saturday. Support hours in total 9 hours per day and 54 hours per week.
On Saturday shift 1 at 9 am to 1.30pm; shift 2 at 1.30 pm to 6 pm.
Service Level Agreement
Last updated: 16/ 01/ 2019
Service Provider and Client are each referred to herein as a “Party” and, collectively, as the “Parties.”
NOW, therefore, for and in consideration of the mutual promises and agreements contained herein, the Client hires the Service Provider to work under the terms and conditions hereby agreed upon by the Parties.
1. Term
1.1 The term of this Agreement shall commence on the agreed date.
2. The Service
2.1 The Service Provider agrees to provide the following:
2.2 The Service Provider shall provide Adept Solution, while performing the Service, in compliance with the policies, standards, and regulations of the Client, including local laws and to the best of their abilities.
3. Payment Amount
3.1 The Client agrees to pay the Service Provider the following compensation for the Service performed under this Agreement:
3.2 The Client shall pay the agreed Payment Amount yearly (7 working days after the invoice receipt).
3.3 The Service Agreement will continue automatically unless the Client provides written notice to the Service Provider 30 days prior to the expiry date of the Service Agreement.
4. Inspection of Services
4.1 Any compensation shall be subject to the Client inspecting the completed Services of the Service Provider.
4.2 If any of the Services performed by the Service Provider pursuant to this Agreement are defective, the Client shall have the right to notify the Service Provider, at which time the Service Provider shall promptly correct such work within a reasonable time.
5. Confidential Information
5.1 For the purposes of this Agreement, the term “Confidential Information” shall include, but not be limited to, documents, records, information and data (whether verbal, electronic, or written), drawings, models, apparatus, sketches, designs, schedules, product plans, marketing plans, technical procedures, manufacturing processes, analyses, compilations, studies, software, prototypes, samples, formulas, methodologies, formulations, product developments, patent applications, know-how, experimental results, specifications, and other business information, relating to the Party’s business, assets, operations, or contracts, furnished to the other Party and/or the other Party’s affiliates, employees, officers, owners, agents, consultants, or representatives, in the course of their work contemplated in this Agreement, regardless of whether such Confidential Information has been expressly designated as confidential or proprietary.
5.2 Confidential Information also includes any and all work products, studies, and other material prepared by or in the possession or control of the other Party, which contain, include, refer to, or otherwise reflect or are generated from any Confidential Information.
5.3 However, Confidential Information does not include:
– (a) Information generally available to the public;
– (b) Widely used programming practices or algorithms;
– (c) Information rightfully in possession of the Parties prior to signing this Agreement; and
– (d) Information independently developed without the use of any of the provided Confidential Information.
5.4 This legally binding agreement that places an obligation on one or both parties to keep specified information confidential will stand as long as both parties’ businesses exist.
6. Obligations
6.1 The obligations of the Service Provider shall be to always hold and maintain the Confidential Information in the strictest of confidence and to disclose such information only to their agents, employees, representatives, affiliates, and any other individual or entity that has a “need to know” basis.
6.2 If any such Confidential Information shall reach a third (3rd) party, or become public, all liability will be on the Service Provider. The Service Provider shall not, without the written approval of the Client, publish, copy, or use the Confidential Information for their sole benefit.
7. Support Timing
The Vendor shall provide technical support for the solution through various accessible channels via its support team. The support team shall be available to assist the customer during the hours of 9:00 AM to 6:00 PM, Monday through Saturday, Singapore Standard Time (GMT+8).
Support Email: support@adeptforms.com
Online Support: WhatsApp
Case/Incident Management Software: Jira
Support desk/call center shiftwork scheduling:
Support hours are between 9 am to 6 pm from Monday to Saturday. Support hours in total 9 hours per day and 54 hours per week.
On Saturday shift 1 at 9 am to 1.30pm; shift 2 at 1.30 pm to 6 pm.
8. Renewal Clause
8.1 This agreement starts on the Effective Date and lasts for the Initial Term Length, automatically renewing for Renewal Term Length periods unless either party provides written notice of non-renewal at least [Notice Period for Non-Renewal] days before the end of the current term.
8.2 Adept Solution will notify the Customer about renewals at least [Notice Period for Renewal] days in advance. Renewal fees will be based on current rates unless agreed otherwise, with any changes communicated [Notice Period for Fee Change] days in advance. Continuing to use the Service after renewal indicates acceptance of the new terms.
9. Termination Clause
9.1 Either party may terminate this agreement with [Notice Period for Termination] days’ written notice for any reason, with no refunds for the remaining period.
9.2 Immediate termination is allowed for breach (with [Cure Period] days to fix) or insolvency.
9.3 Adept Solution may also terminate for non-payment after [Payment Grace Period] days’ notice. Upon termination, all rights end, the Customer must stop using the Service, pay any due fees, and can access their data for [Data Access Period] days before deletion. Some terms, like confidentiality and liability, will continue to apply.
10. Taxes
10.1 The Service Provider shall pay all applicable sales taxes or otherwise required by law in connection with the Services performed.
11. Independent Contractor Status
11.1 The Service Provider acknowledges that he/she/they are an independent contractor and not an agent, partner, joint venture, or employee of the Client.
12. No Waiver
12.1 No waiver of any provision of this Agreement shall be deemed or shall constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the Party making the waiver.
13. Governing Law
13.1 This Agreement shall be governed by and construed in accordance with the laws of Singapore.
14. Severability
14.1 If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
15. Additional Terms & Conditions
15.1 In the event the performance of the service is disrupted or if it becomes impossible to continue the service, the Service Provider needs to provide the alternatives made available to the Client.
15.2 The Service Provider is to hand over all files and assets used and/or created by the Service Provider to the Client. This way, the Client will be able to have the work continued with an alternative solution mutually agreed upon by both parties.
16. Entire Agreement
16.1 This Agreement constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all Parties.
IN WITNESS WHEREOF, the Parties hereto agree to the above terms and have caused this Agreement to be executed in their names by their duly authorized officers.
PDPA / GDPR Policy
Last updated: 19/ 01/ 2019
Adeptforms Personal Data Protection Act
Adept Ventures Pte Ltd (“Adeptforms”, “we”, “us”) uses and provides the user’s personal information based on the user’s consent, and actively guarantee the user’s right(the right to control one’s own personal information). Adeptforms complies with applicable laws, personal information protection regulations and guidelines of the Singapore Personal Data Protection Act 2012, which must be obeyed by information communication service providers.
If you are Adeptforms customer or user established in the European Union (EU)/ European Economic Area (EEA), this Policy also accounts for our obligations under the EU General Data Protection Regulation (GDPR) and when we collect your information, we are acting as Data Controller as defined in the GDPR and as a Data Intermediary as defined by the PDPA.
This Personal Data Protection Act applies to all the products, services and websites offered by Adeptforms and their affiliates, except where otherwise noted. Products, services and websites are collectively referred to as the “services” in this policy. Some services have supplementary privacy statements that explain, in more detail, our specific privacy practices in relation to these services. Unless otherwise noted, all services are provided by Adeptforms, which is based in Singapore.
Collection of Personal Information
User and Business Account: You need to register the User Account and Business Account before you can use the Services on Adeptforms. When you register for an account, we collect your name, username, password, business and/ or personal email, and business name. Additional, we may collect the information such as business and/ or residential address, mobile and business telephone numbers, and pictures.
Device and Browser: We also collect device and browser information such as browser name, OS, IP Address, and date of visit.
Information from Third Parties: You may integrate the third parties for getting notification for our Service. We only collect the name.
Form and Submission: You may create some forms for various purpose. We store all of the form and submission information .
How we collected of Personal Information
AdeptForms is used by “Guest” and “User”. For the purpose of this PDPA Policy, Guests are any persons who hasn’t registered to AdeptForms but filling forms that AdeptForms provides, Users are any persons who registered to Adeptforms and have access for some Services.
Guests:
The guests submit the forms that published by users.
Users:
The users register to other users.
The users sign in through website.
The users submit a form from website or mobile.
The users request for technical support.
The users wish to demo a product or service.
Purposes for Collection, Use, Disclosure and Processing of Personal Data
We may collect and use your personal data for any or all of the following purposes:
- A. Verifying your identity;
- B. Identify and investigate security risks, errors, problems, and needed enhancements to our Services;
- C. Collect statistics about the use of our Services;
- D. Analyze how you use our Services and which of our Services are most relevant to you;
- E. For internal reporting and/or accounting purposes;
- F. To monitor, maintain, and improve our services and features;
- G. New service development, provision of various services, inquiry and complaint handling, delivery of notifications;
- H. To enforce our Terms of Use;
- I. To prevent potentially illegal activities;
- J. Contact for technical support purpose;
- K. If you decide to link your account with third parties for getting notification such as Telegram, Slack, or Line, we use the information you allowed AdeptForms to collect from those third parties to facilitate the sending notification.
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Withdrawing Your Consent
If you wish to withdraw your consent to any use or disclosure of your Personal Data as set out in this Personal Data Protection Policy, you may contact us via accountservice@adepthq.com.
Please note that if you withdraw your consent to any or all use or disclosure of your Personal Data, depending on the nature of your request, we may no longer be in a position to continue to provide membership benefits and services to you. Such a withdrawal may therefore result in the termination of any membership that you may have with us.
Protection Personal Data
To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption and the use of privacy filters to secure all storage and transmission of personal data by us, and disclosing personal data both internally and to our authorised third party service providers and agents only on a need-to-know basis.
You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
Accuracy of Personal Data
We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.
Retention of Personal Data
We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.
We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
Transfer of Personal Data Outside of Singapore
We generally do not transfer your personal data to countries outside of Singapore. However, if we do so, we will obtain your consent for the transfer to be made and we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.
Access and Correction of Your Personal Data
You may contact us if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, in the following manner:
Adept Ventures Pte Ltd
contact@adeptforms.com
There are 2 teams, each team of 2 members, each team would take turn for 1.5 hour lunch break from Monday to Friday.
On Saturday each team will rotate shift weekly and each shift would have 1 hour break time.
Subscription Period
Last updated: 16/ 01/ 2019
1. Subscription Term
1.1 Initial Subscription Term
The initial subscription term (the “Initial Term”) shall commence on the effective date specified in the Order Form or as otherwise agreed in writing by the Parties and shall continue for the period specified therein, unless earlier terminated in accordance with this Agreement.
1.2 Renewal Subscription Term
Upon expiration of the Initial Term, this Agreement shall automatically renew for successive terms equal in duration to the Initial Term (each a “Renewal Term”), unless either Party provides written notice of its intent not to renew at least 30 days prior to the end of the then-current term.
2. Payment Terms
2.1 Subscription Fees
The Customer shall pay AdeptForms the subscription fees specified in the Order Form or as otherwise agreed in writing. Fees are due and payable annually in advance, unless otherwise specified.
2.2 Fee Adjustments
AdeptForms reserves the right to adjust subscription fees for any Renewal Term by providing the Customer with at least 60 days’ prior written notice. Any fee adjustments shall become effective at the start of the Renewal Term.
3. Changes to Subscription
3.1 Upgrades and Downgrades
The Customer may upgrade or downgrade its subscription plan by providing AdeptForms with written notice. Any changes to the subscription plan will take effect at the start of the next billing cycle, unless otherwise agreed.
3.2 Prorated Fees
If the Customer upgrades its subscription plan, any additional fees will be prorated for the remainder of the current billing cycle. Downgrades will take effect at the end of the current billing cycle, with no prorated refunds provided.
4. Termination of Subscription
4.1 Termination by Customer
The Customer may terminate its subscription at any time by providing AdeptForms with at least 30 days’ written notice. No refunds will be provided for any remaining period of the then-current subscription term.
4.2 Termination by AdeptForms
AdeptForms may terminate the Customer’s subscription immediately upon written notice if the Customer:
– (a) Materially breaches any provision of this Agreement and fails to cure such breach within 30 days of receiving written notice of the breach;
– (b) Fails to pay any amounts due under this Agreement and such failure continues for 10 days after the Customer’s receipt of written notice of non-payment;
– (c) Becomes insolvent, files for bankruptcy, or has a receiver appointed for its assets.
5. Post-Termination Access
5.1 Data Retrieval
Upon termination of the subscription, the Customer will have access to its data for a period of 30 days to enable retrieval of such data. After this period, AdeptForms may delete the Customer’s data.
5.2 Assistance
Upon request, AdeptForms will provide reasonable assistance to the Customer in exporting its data, subject to the payment of applicable fees for such assistance.
6. No Refunds
6.1 Non-Refundable Fees
All subscription fees paid to AdeptForms are non-refundable, except as otherwise provided herein or agreed in writing by the Parties.
7. Governing Law
7.1 Applicable Law
This Agreement and the subscription terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law principles.
8. Notices
8.1 Notice Requirements
All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
Renewal and Termination
Last updated: 16/ 01/ 2019
1. Renewal
1.1 Automatic Renewal
Unless otherwise agreed in writing, this Agreement shall automatically renew for successive terms equal in duration to the initial term (the “Renewal Term”) unless either Party provides written notice of its intent not to renew at least 30 days prior to the end of the then-current term.
1.2 Renewal Notification
AdeptForms will notify the Customer at least 60 days prior to the expiration of the then-current term regarding the upcoming renewal and any changes in fees or terms and conditions.
1.3 Fee Adjustments
Renewal fees will be based on AdeptForms’ then-current rates unless otherwise agreed upon in writing between the Parties. AdeptForms will inform the Customer of any fee adjustments at least 60 days prior to the renewal date.
1.4 Acceptance of Terms
Continued use of the Service after the renewal date constitutes acceptance of the renewal terms, including any applicable fee adjustments.
2. Termination
2.1 Termination for Convenience
Either Party may terminate this Agreement for any reason by providing at least 30 days’ written notice to the other Party. In such cases, no refunds will be provided for any remaining period of the then-current term.
2.2 Termination for Cause
Either Party may terminate this Agreement immediately upon written notice if the other Party:
– (a) Materially breaches any provision of this Agreement and fails to cure such breach within 30 days of receiving written notice of the breach;
– (b) Becomes insolvent, files for bankruptcy, or has a receiver appointed for its assets.
2.3 Termination for Non-Payment
AdeptForms may terminate this Agreement upon 10 days’ written notice to the Customer if the Customer fails to pay any amounts due under this Agreement and such failure continues for 10 days after the Customer’s receipt of written notice of non-payment.
2.4 Effect of Termination
Upon termination of this Agreement for any reason:
– (a) All rights and licenses granted to the Customer under this Agreement shall immediately terminate;
– (b) The Customer shall cease all use of the Services;
– (c) The Customer shall pay AdeptForms any outstanding fees for Services provided up to the date of termination;
– (d) AdeptForms shall provide the Customer access to its data for a period of 30 days from the date of termination to enable the Customer to retrieve its data, after which AdeptForms may delete such data.
2.5 Survival
Provisions of this Agreement that by their nature should survive termination, including but not limited to confidentiality, limitation of liability, and indemnification, shall survive termination of this Agreement.
3. Post-Termination Assistance
3.1 Data Export
Upon request, AdeptForms will assist the Customer in exporting its data from the Services, provided that such request is made within 30 days following the termination date. AdeptForms may charge a reasonable fee for such assistance.
4. Notices
4.1 Notice Requirements
All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
5. Governing Law
5.1 Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law principles.
Data Ownership
Last updated: 16/ 01/ 2019
1.1 Ownership of Data All data submitted, entered, or uploaded to the AdeptForms platform by the Customer (including but not limited to forms, responses, user data, and any content created using the platform) remains the sole property of the Customer. AdeptForms acknowledges that it has no ownership rights to such data.
1.2 Use of Data AdeptForms may access and use Customer data solely for the purpose of providing, maintaining, and improving the services. Any other use of Customer data requires the Customer’s explicit written consent.
1.3 Data Security AdeptForms agrees to implement and maintain reasonable security measures to protect Customer data against unauthorized access, disclosure, alteration, or destruction. These measures shall be in accordance with industry standards and applicable laws and regulations, including the Personal Data Protection Act 2012 (PDPA) of Singapore.
1.4 Data Retention AdeptForms will retain Customer data for as long as the Customer maintains an active subscription to the AdeptForms service. Upon termination of the subscription, AdeptForms will retain Customer data for a period of 30 days to facilitate potential reactivation of the account. After this period, AdeptForms will securely delete all Customer data from its systems, except where retention is required by law or agreed upon in writing by both parties.
1.5 Data Portability Upon request, AdeptForms will provide the Customer with a copy of their data in a commonly used electronic format. This request can be made at any time while the Customer’s subscription is active or within the 30-day retention period following termination.
1.6 Compliance with Laws AdeptForms will comply with all applicable data protection and privacy laws in the handling and processing of Customer data. This includes but is not limited to the Personal Data Protection Act 2012 (PDPA) and any other relevant regulations.
1.7 Incident Notification In the event of a data breach or any security incident that affects Customer data, AdeptForms will promptly notify the Customer, no later than 24 hours after becoming aware of the incident, and will provide detailed information about the nature and scope of the breach as well as any measures taken to mitigate its effects.
1.8 Customer Responsibilities The Customer is responsible for ensuring that their use of AdeptForms and the submission of data complies with all applicable laws and regulations. The Customer must also ensure that any data provided to AdeptForms does not infringe on the rights of any third parties.
1.9 Indemnification The Customer agrees to indemnify and hold harmless AdeptForms from any claims, damages, liabilities, costs, and expenses arising out of or related to the Customer’s violation of this agreement, including the unauthorized use or processing of data.
1.10 Dispute Resolution Any disputes arising from this data ownership clause shall be resolved through binding arbitration in accordance with the rules of the Singapore International Arbitration Centre (SIAC) and governed by the laws of Singapore.
Confidentiality and Security
Last updated: 16/ 01/ 2019
1. Confidentiality
1.1 Definition of Confidential Information
For the purposes of this Agreement, “Confidential Information” includes all non-public information, whether in written, oral, electronic, or other form, disclosed by one Party (the “Disclosing Party”) to the other Party (the “Receiving Party”) that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, should reasonably be understood to be confidential. This includes, but is not limited to, business plans, technical data, product ideas, customer lists, financial data, and proprietary software.
1.2 Obligations of Confidentiality
The Receiving Party shall:
– (a) Use the Confidential Information solely for the purpose of performing its obligations under this Agreement;
– (b) Not disclose such Confidential Information to any third party without the prior written consent of the Disclosing Party, except as permitted herein;
– (c) Take all reasonable measures to protect the confidentiality of the Confidential Information, which measures shall be at least as protective as those taken to protect its own confidential information of like nature but in no event less than a reasonable standard of care.
1.3 Exceptions to Confidential Information
Confidential Information does not include information that:
– (a) Is or becomes generally known to the public through no breach of any obligation owed to the Disclosing Party;
– (b) Was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party;
– (c) Is received from a third party without breach of any obligation owed to the Disclosing Party; or
– (d) Was independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.
1.4 Compelled Disclosure
If the Receiving Party is compelled by law or legal process to disclose Confidential Information, it shall provide the Disclosing Party with prompt prior notice of such requirement, to the extent legally permitted, and shall assist the Disclosing Party in seeking a protective order or other appropriate remedy.
1.5 Return or Destruction of Confidential Information
Upon termination of this Agreement or at the request of the Disclosing Party, the Receiving Party shall promptly return or destroy all materials containing Confidential Information and certify in writing that it has done so, except to the extent that the Receiving Party is required to retain such information by applicable law.
2. Security
2.1 Data Protection Measures
AdeptForms shall implement and maintain reasonable administrative, physical, and technical safeguards designed to protect the confidentiality, integrity, and availability of Customer data. These measures shall be consistent with industry standards and comply with applicable laws and regulations, including the Personal Data Protection Act 2012 (PDPA) of Singapore.
2.2 Access Controls
AdeptForms shall ensure that access to Customer data is restricted to those employees, contractors, and agents who need such access to fulfill AdeptForms’ obligations under this Agreement. All such individuals shall be bound by confidentiality obligations.
2.3 Data Breach Notification
In the event of any unauthorized access to or disclosure of Customer data (a “Data Breach”), AdeptForms shall notify the Customer without undue delay and in any event within 24 hours of becoming aware of the Data Breach. Such notice shall include all relevant information relating to the nature of the breach, the data affected, and the steps AdeptForms is taking to mitigate the breach and prevent future occurrences.
2.4 Incident Response
AdeptForms shall maintain an incident response plan and take reasonable steps to immediately limit, contain, and investigate any suspected security incident or Data Breach. AdeptForms shall cooperate with the Customer in investigating and remedying any such incident.
2.5 Data Backup and Recovery
AdeptForms shall implement and maintain procedures for the regular backup of Customer data and shall ensure that such data can be recovered in the event of a failure or data loss incident.
2.6 Security Audits
AdeptForms shall conduct regular security audits and assessments to ensure compliance with this Agreement and applicable laws. Upon request, AdeptForms shall provide the Customer with a summary of the results of such audits and assessments.
3. Compliance with Laws
3.1 Regulatory Compliance
AdeptForms shall comply with all applicable data protection and privacy laws, including the PDPA, and any other relevant regulations, in the handling and processing of Customer data.
4. Term and Survival
4.1 Term
The obligations of confidentiality and security under this section shall commence on the Effective Date of this Agreement and continue for the duration of the Agreement and for a period of five (5) years thereafter, except for trade secrets, which shall be protected indefinitely.
Backup
Last updated: 16/ 01/ 2019
1. Backup Frequency
1.1 Regular Backups
AdeptForms shall perform regular backups of all Customer data stored on its servers. These backups shall be conducted at least once every 24 hours to ensure data integrity and availability.
2. Backup Storage and Retention
2.1 Storage Locations
All backups will be stored in secure, geographically diverse data centers to protect against data loss due to regional disasters or failures.
2.2 Retention Period
Backups will be retained for a minimum period of 30 days. After this period, backups may be overwritten or deleted, unless otherwise agreed upon in writing between AdeptForms and the Customer.
3. Data Restoration
3.1 Restoration Requests
In the event of data loss or corruption, the Customer may request restoration of data from the most recent backup. AdeptForms shall use reasonable efforts to restore the requested data within 24 hours of receiving the request.
3.2 Partial Restorations
The Customer may request partial restoration of specific data sets. AdeptForms will accommodate such requests to the extent practicable.
4. Data Integrity and Security
4.1 Encryption
All backups will be encrypted using industry-standard encryption methods to ensure the confidentiality and integrity of Customer data.
4.2 Access Controls
Access to backup data will be restricted to authorized personnel only. AdeptForms shall implement strict access controls and monitoring to prevent unauthorized access, alteration, or deletion of backup data.
5. Testing and Verification
5.1 Regular Testing
AdeptForms shall conduct regular tests of its backup and restoration procedures to ensure that backups are functioning correctly and that data can be successfully restored.
5.2 Customer Notification
AdeptForms will notify the Customer of any significant issues identified during backup testing and will take prompt corrective action to resolve such issues.
6. Compliance with Laws
6.1 Regulatory Compliance
AdeptForms shall ensure that its backup and data protection practices comply with all applicable laws and regulations, including the Personal Data Protection Act 2012 (PDPA) of Singapore.
7. Limitations and Exclusions
7.1 Limitations
AdeptForms shall not be responsible for data loss or corruption arising from factors beyond its reasonable control, including but not limited to, acts of God, cyber-attacks, and failures of third-party services.
7.2 Exclusions
The backup services provided by AdeptForms do not cover Customer’s data stored outside of AdeptForms’ managed environments. It is the Customer’s responsibility to ensure that such data is backed up appropriately.
8. Term and Survival
8.1 Term
The backup obligations set forth in this section shall commence on the Effective Date of this Agreement and continue for the duration of the Agreement. The obligations regarding the security and integrity of backup data shall survive the termination of this Agreement for as long as AdeptForms retains any Customer data.