PayrollHero Terms of Service
Effective 11 February 2015
THESE TERMS OF SERVICE ("TERMS") CONSTITUTE A CONTRACT BETWEEN YOU (“YOU”) AND PAYROLLHERO.COM PTE. LTD. (“PAYROLLHERO”) AND GOVERN USE OF AND ACCESS TO THE SERVICE (AS DEFINED BELOW) BY YOU, YOUR AGENTS (“AGENTS”) AND YOUR END USERS (“END USERS”), WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION TO THE SERVICE OR A FREE TRIAL OF THE SERVICE..
By accepting these Terms, or by accessing or using the Service and/or the Site, You are agreeing to be bound by these Terms. If you are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), you are agreeing to these Terms for that Entity and representing to PayrollHero that you have the authority to bind such Entity and its affiliates to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not use the Service.
When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:
Account: means all PayrollHero accounts or instances created by or on behalf of an Entity or its Agents within the Service.
User: means an individual authorized to use the service through Your Account as an agent, employee and/or administrator, as identified through a unique login.
API: means the application programming interfaces developed and enabled by PayrollHero that permits Users to access certain functionality provided by the Service.
Confidential Information: means all information disclosed by You to PayrollHero or by PayrollHero to You which is in tangible form and labeled confidential (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms, Your Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
Personal Data: means any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
Service: means the on-demand PayrollHero time, attendance, scheduling, HRIS, analytics and payroll solution and tools provided by PayrollHero, including but not limited to, individually and/or collectively, Software and the API.. Any new or modified features added to or augmenting or otherwise modifying the Service or other updates, modifications or enhancements to the Service (”Updates”) are also subject to these Terms and PayrollHero reserves the right to deploy Updates at any time.
Plan: means the service plan and the functionality and services associated therewith (as detailed on the Site) for which You subscribe with respect to each User.
Software: means software provided by PayrollHero (either by download or access through the internet) that allows an Agent or End User to use any functionality in connection with the Service.
Subscription Term: means the period during which You have agreed to subscribe to the Service with respect to any individual User.
Your Data: means all electronic data, text, messages or other materials submitted to the Service by You, Agents and End Users in connection with Your use of the Service, including, without limitation, Personal Data.
PayrollHero: means PayrollHero.com Pte. Ltd., a Singapore corporation or any of its successors or assignees. In these Terms, PayrollHero may also be referred to through the use of We or Our.
PayrollHero Group: means PayrollHero together with all other entities that control, are controlled by or under common control with PayrollHero.
Customer Service Hours of Operation
Our customer service representatives are available for technical support from Mondays to Fridays 8:00 am - 6:00 pm. (UTC/GMT +8 hours) to assist with any questions. You can also troubleshoot problems and find helpful resources at our PayrollHero Knowledge Base . The PayrollHero customer service representatives offer assistance on an “as is” basis, to the best of their knowledge at that time. PayrollHero are not responsible for the accuracy of Your Data, payroll data and employee information.
Accuracy of Data
You are responsible for the accuracy of all numbers, employee information and payroll data associated with Your client account. PayrollHero is not responsible for any liability for damages arising out of, or in connection with, Your use of the Site..
At any time, a User can export the employee information found on the multi insert function used to upload employee related information and data, time and attendance data as well as the payroll register within their PayrollHero account. Data can be exported into a .csv file.
Confidentiality and Data Protection
By using this service and accepting these Terms, You and PayrollHero will protect each other’s confidential information from unauthorized use, access or disclosure in the same manner as each protects its own confidential information, but with no less than reasonable care. Clients are requested to retain copies of any literature issued in relation to the provision of our services.
PayrollHero will indemnify and hold You harmless, from and against any claim against You by reason of Your use of the Service as permitted hereunder, brought by a third party validly alleging that the Service infringes or misappropriates a third party’s valid patent, copyright, trademark or trade secret (an “IP Claim”). PayrollHero shall, at its expense, defend such IP Claim and pay damages finally awarded against You in connection therewith, including the reasonable fees and expenses of the attorneys engaged by PayrollHero for such defence, provided that (a) You promptly notify PayrollHero of the threat or notice of such IP Claim, (b) PayrollHero will have the sole and exclusive control and authority to select defence attorneys, defend and/or settle any such IP Claim; and (c) You fully cooperate with PayrollHero in connection therewith. If use of the Service by You, Agents or End Users has become, or in PayrollHero’s opinion is likely to become, the subject of any such IP Claim, PayrollHero may at its option and expense (a) procure for You the right to continue using the Service as set forth hereunder; (b) replace or modify the Service to make it non-infringing; or (c) if options (a) or (b) are not commercially and reasonably practicable as determined by PayrollHero, terminate the Subscription Term and repay You, on a pro-rated basis, any charges for the Service previously paid to PayrollHero for the corresponding unused portion of Your Subscription Term. PayrollHero will have no liability or obligation under this clause with respect to any IP Claim if such claim is caused in whole or in part by (a) compliance with designs, data, instructions or specifications provided by You; (b) modification of the Service by anyone other than PayrollHero; or (c) the combination, operation or use of the Service with other hardware or software where the Service would not by itself be infringing. These provisions state the sole, exclusive and entire liability of PayrollHero to You and constitute Your sole remedy with respect to an IP Claim brought by reason of access to or use of the Service by You, Agents or End Users.
We follow industry standards and best practices for privilege separation of our data, and all communication made by our application, over the internet, is encrypted using industry standard SSL encryption. While we make every effort to keep Your Data secure, PayrollHero is not responsible for any liability for damages arising out of, or in connection with, Your use of this website. More information here - http://payrollhero.com/security
Cancellation and Termination
Either You or PayrollHero may elect to terminate Your Account and subscription to the Service as of the end of Your then current Subscription Term by providing notice, in accordance with these Terms, on or prior to the date thirty (30) days preceding the end of such Subscription Term. Unless Your Account and subscription to the Service is so terminated, Your subscription to the Service will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise advised by PayrollHero in advance, the charges for the Service applicable to Your subscription for any such subsequent Subscription Term shall be Our standard charges for the Plan to which You have subscribed as of the time such subsequent Subscription Term commences.
No refunds or credits for Service fees or other fees or payments will be provided to You if You elect to downgrade Your Plan. Downgrading Your Plan may cause loss of content, features, or capacity of the Service as available to You under Your Account, and PayrollHero does not accept any liability for such loss. PayrollHero shall not refund to You any fees or pre paid fees if You decide to cancel Your Account and Service mid Subscription Term.
Limitation of Liability
Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either party to these terms, or their affiliates, offices, directors, employees, agents, suppliers or licensors be liable to the other party or any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such party or third party in connection with these terms or the service, regardless of whether such party has been advised of the possibility of or could have foreseen such damages.
Service Level Agreement
PayrollHero will use commercially reasonable efforts to make the PayrollHero platform available with a monthly uptime percentage of at least 99%, in each case during any monthly billing cycle (the “Service Commitment”). In the event PayrollHero does not meet the Service Commitment, You will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a percentage of the total charges paid by You (excluding one-time payments such as upfront payments) for the monthly billing cycle in which the platform was unavailable.
- If the monthly uptime percentage drops below: 99%
- Service Credit Percentage: 20%
- Service Credits are applied to Your next months invoice.
- To receive a Service Credit, You must submit a claim by opening a support case (email@example.com).
To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
- the words “SLA Credit Request” in the subject line;
- the dates and times of each unavailability incident in respect of which You are claiming;
- the affected PayrollHero account;
- and your request logs that document the errors and corroborate Your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
Employee Financial Institution Enrolment Authentication Policy
PayrollHero’s platform enables clients to authenticate all employee’s bank accounts by doing two deposits of random amounts into each employees bank account. The employee then confirms the deposit amounts within PayrollHero to verify that their bank account is correct.
This process ensures that the right employee is paid the right amount into the right financial institution account.
If the client has completed this process and their is an issue with the bank deposits, PayrollHero will apply the following service credits to the clients PayrollHero account:
- 100% of their month’s fees will be credited on their next invoice
If the client has NOT completed this process and their is an issue related to bank accounts receiving an incorrect amount, the client is completely responsible.
These Terms are governed by the laws of the Republic of Singapore. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. The parties agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore. You may not assign Your rights hereunder to any third party without the prior written consent of PayrollHero. No joint venture, partnership, employment, or agency relationship exists between You and PayrollHero. A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore to enforce any term of this Agreement. If any provision of these Terms is found invalid or unenforceable by any Singapore court, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. These Terms constitute the entire understanding and agreement between PayrollHero and You and supersedes any and all prior understandings and/or agreements between the parties in relation to the Service. No purported waiver by PayrollHero of any of its rights hereunder or under any applicable law or regulation shall be valid unless made in writing by an authorized representative of PayrollHero.
We may, without Your consent, assign our agreement with You to any member of the PayrollHero Group or in connection with any merger or change of control of PayrollHero or the sale of all or substantially all of our assets provided that any such successor agrees to fulfill its obligations pursuant to these Terms. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.
We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify You not less than ten (10) days prior to the effective date of any such amendment and Your continued use of the Service following the effective date of any such amendment may be relied upon by PayrollHero as Your consent to any such amendment, provided that you may terminate the Service on the provision of seven (7) days’ notice to PayrollHero if, in your reasonable opinion, such amendments to the Terms will result in a direct, material and detrimental effect to Your business. PayrollHero’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.