TERMS AND CONDITIONS

Any person accessing this website (the client) is subject to, and agrees to, the terms and conditions set out herein. If the client does not wish to be bound by these terms and conditions, the client may not access, display, use, download and/or otherwise copy or distribute content obtained on this website and must immediately provide notice of termination of the engagement as provided for herein.

SERVICES

1. SCOPE OF ENGAGEMENT

• As per our website, we offer the following services:

• UIF registrations;

• COIDA registrations;

• Domestic worker employment contracts;

• Employment payslips.

• Any additional payroll services, as advertised on our website, must be specifically requested, whereafter a formal quotation shall be provided.

• Our engagement cannot be relied upon to disclose errors, fraud, or illegal acts that may exist.

• Our work must not be expected to disclose defalcations or other irregularities – should you at any time, require a specific investigation for this purpose, this should be referred to your accounting officer.

• Any product of the services released to you in any form or medium shall be supplied by us on the basis that it is for your benefit and information only and that it shall not be copied, referred to or disclosed, in whole (save for your own internal purposes) or in part, without our prior written consent. The services shall be delivered on the basis that you shall not quote our name or reproduce our logo in any form or medium without our prior written consent.

• However, you may disclose in whole any product of the services to your bankers and legal and other professional advisers for the purposes of your seeking advice in relation to the services, provided that when doing so you inform them that:

1.6.1     disclosure by them (save for their own internal purposes) is not permitted without our prior written consent, and

1.6.2     that we accept no responsibility or liability whatsoever and neither do we owe any duty of care to them in connection with the services.

• Any advice, opinion, statement of expectation, forecast or recommendation supplied by us as part of the services shall not amount to any form of guarantee that we have determined or predicted future events or circumstances.

• By accepting these Terms and Conditions, you authorize us to share your business details and related financial information with these authorities for the purposes as set out herein.

2. CLIENT’S RESPONSIBILITIES

You are responsible for:

• Maintaining proper records.

• Ensuring that all arrangements are made for access, security procedures, virus checks, facilities, licences and/or consents (without any cost to us), where you require us, or the nature of the services is such that it is likely to be more efficient for us, to perform work at your premises or use your computer systems or telephone networks;

• The payment of any and all employment tax due to the relevant authorities and the submission of your tax returns;

• Accepting responsibility for the results of the services;

• Establishing and maintaining internal controls, including monitoring ongoing activities;

• Providing the necessary information and documentation timeously and to ensure the accuracy of such information and documentation, in order to enable us to render the agreed upon services;

3. AUTHORISATION

• In order to fulfil our duties, we will be required to submit documents to and correspond with authorities, such as UIF and Workmens Compensation, from time to time and request that they send all correspondence directly to us.

• By accepting these Terms and Conditions you confirm that we and/or our affiliated companies are fully authorised to act on your behalf, to share your and your employees’ personal information with the relevant statutory authorities, sign documents and forms on your behalf and to submit same to the relevant authorities as if such documents and forms were signed by you, for the purposes as set out herein.

4. USE AND DISTRIBUTION

• Any document produced, altered or originated by us remains our property and will not be shared with any party. You may on request obtain access to our documents on our premises. Any costs will be for your own account and access is determined in terms of the Promotion of Access to Information Act, 2000.

• Should you need to distribute or share any document produced, altered or originated by us, you will first request and obtain our written authorisation to do so, which will not be unreasonably withheld.

5. DISPUTE RESOLUTION

Any dispute that may arise between our firm or any staff member and you, must be referred to our firm to be resolved.

6. INDEMNITY AND LIMITATION OF LIABILITY

• You hereby agree to indemnify, defend and hold harmless our firm and its partners, agents, or employees, from and against any and all losses, costs (including legal fees), damages, expenses, claims, demands, or liabilities arising out of or in consequence of:

6.1.1     The breach by you and / or your business, or its directors, members, officers, agents, or employees, of any of the covenants made by you and / or your business herein;

6.1.2     The services performed by our firm pursuant to this engagement, unless, and to the extent that, such losses, costs, damages, and expenses are found by a court of competent jurisdiction to have been due to the gross negligence of our firm.

6.1.3     Our failure to timeously perform the services due to your failure and/refusal to timeously provide us with the required and requested documentation and/or information;

6.1.4     We will not be liable for any delays resulting from circumstances or causes beyond our reasonable control, including without limitation, fire or other casualty, strike or labour dispute, war or other violence or cause through any law, order or requirement of any governmental agency or authority, third party servers and/or systems being offline, or the relevant authorities being inaccessible. 

• In further consideration of our agreement to provide these services, you agree to indemnify us and hold us harmless against all and any claims made against us by any party whatsoever in respect of any loss, damages, costs or expenses referred to above and against the actual costs incurred by us in defending such claims.

• We take every reasonable precaution while handling the documents submitted to our offices, however, we shall not be responsible in any manner whatsoever for any documents which are lost in transit by accident, theft, natural calamities (act of God) or any other reason outside the control of, or not arising out of a wilful default. Hence, we will not be liable or responsible in any manner whatsoever for the loss or damage of documents without a detailed confirmation of receipt by our offices, indicating that we did indeed receive the documents in question. Without confirmation of receipt, it shall be assumed that our office did not receive the documents in question.

7. OWNERSHIP

• We shall retain copyright and all other intellectual property rights in the product of the services, whether oral or tangible as well as ownership of same. For the purpose of delivering services to you or other clients, we shall be entitled to use or develop knowledge, experience and skills of general application gained through performing the services. You agree to keep confidential any methodologies and technology used by us to carry out our services.

• We have the right to use your name as a reference in proposals or other similar submissions to other prospective clients, unless you specifically forbid such disclosure.

8. FEES

• The registration fee is R 285.00 per employee. You will be required to either:

• attend to immediate payment of our registration fee as per the prompts supplied on our website; or

• you may elect to first be provided with a formal invoice, in which event the invoice will be due and payable within 14 (fourteen) calendar days of receipt of same, regardless of whether we have commenced with the services.

• Where additional employees are added at a later date, a further registration fee of R 285.00 per employee will be payable, within 14 (fourteen) calendar days of receipt of the applicable invoice.

• You may elect to pay the subscription fee on a monthly basis, or once-off, in full, on an annual basis. The monthly fee shall be the amount of R 65.00 per month and shall calculated from date of registration on our website and shall be due and payable within 7 (seven) calendar days of same, and thereafter, on/before the 1^st day of each succeeding month, in advance. Alternatively, the annual subscription fee is the amount of R 702.00 and shall be payable in full within 7 (seven) calendar days of date of registration.

• Should the number of employees or hours worked fluctuate during any given month, you shall be required to provide us with advanced notice, failing which we shall remain entitled to bill the monthly fee based on the most recent information at our disposal in accordance with clause 8.2 above.

• In return for the delivery of services by us, you shall pay our fees timeously, without any right of set-off. If you are not in agreement with any invoice, you are required to notify us in writing of your objection within 5 business days of the date reflected on the invoice. Failure to do so will constitute your acknowledgement that our invoice is prima facie correct and due and payable.

• In the event of your appointing another adviser in our stead, or otherwise terminating our mandate, we will be entitled to issue an invoice upon receipt of such notification for an administration fee, as well as for all work done to date and not yet billed, at our standard charge-out rates, including disbursements incurred. In such event, you undertake to settle our account in full prior to us handing over books and records to you or to your appointee.

• We shall be entitled to charge interest on any overdue amounts, which are outstanding for more than thirty days from the date reflected on our invoice, at the rate of 12% per annum. Such interest will be calculated on a monthly basis. All payments will be allocated first to interest, then to disbursements and then to the oldest outstanding fee. Accounts outstanding for longer than 120 days will be handed over for debt collection and an administration levy of 30% of the outstanding account will be added.

• Our Terms and Conditions, features, support, pricing and service options are subject to change.

9. ADDITIONAL COSTS

• You will be held liable for the preparation and appearance costs should you frivolously report us or any of our affiliated companies to any professional body or authority.

• In such event, you shall also be liable for all charges and expenses of whatsoever nature, including, but without derogating from the generality of the foregoing, attorney and own client cost incurred in relation to the defence of the charges.

10. INFORMATION

• To enable us to perform the services, you shall use your best endeavors to procure and promptly to supply all information and assistance, and access to all documentation in your possession or custody, or under your control, where required by us. Where such information and/or documentation is not in your possession or custody or under your control, you shall use your best endeavors to procure the supply of the information and assistance and/or access to all the documentation.

• You shall inform us of any information or developments which may come to your attention during the duration of the services contract, which might have a bearing on or be relevant to the services we have agreed to provide.

• We may rely on any instructions or requests made or notices given, or information supplied, whether orally or in writing, by any person whom we know to be or reasonably believe to be authorised by you to communicate with us for such purposes.
• We may choose to communicate with you by electronic mail, on the basis that in consenting to this method of communication, you accept the inherent risks of such communications (including the security risks of interception of or unauthorised access to such communications, the risks of corruption of such communications and the risks of viruses or other harmful devices) and that you shall perform virus checks at your own peril. As you are however aware, the electronic transmission of information cannot be guaranteed to be secure or error free and such information could be intercepted, corrupted, lost, destroyed or incomplete, or arrive late or otherwise be adversely affected or unsafe to use. Accordingly, whilst we will use commercially reasonable procedures to check for the most commonly known viruses before sending information electronically and not withstanding any collateral contract, warranty or representation, neitherPayroll SA nor its directors, employees, agents or servants shall have any liability to you on any basis, whether in contract, neglect (including negligence) or otherwise, in respect of any error or omission arising from or in connection with the electronic communication of information to you.

• If the communication on which you wish to rely relates to a significant matter and you are concerned about the possible effects of electronic transmission, you may request a hard copy of such communication from us. If you wish us to password-protect all or certain documents transmitted electronically, you should discuss this with us, and we will endeavor to make appropriate arrangements.

• Should you provide us with hard copies of documentation and information, it remains your duty to obtain written proof / confirmation stating which documents, in hard copy format, have been provided to us, on what date was same delivered to our offices, as well as to whom such documents were given (specific person must be named).

• Should you request that the aforementioned documentation be returned to you, you will have to provide us with written instructions, without which we cannot return the documentation.

• We may receive information form you or from other sources in the course of delivering the services and:

10.8.1   we shall consider the consistency and quality of information received by us;

10.8.2   we shall not seek to establish the reliability of information received from you or any other information source.

10.8.3   accordingly, we assume no responsibility and make no representation with respect to the accuracy, reliability or completeness of any information provided to us; and

10.8.4   we shall not be liable to you for any loss or damage suffered by you arising from fraud, misrepresentation, withholding of information material to the services or other default relating to such material information whether on your part or that of the other information sources.

• You undertake to supply information in response to our enquiries to enable us to comply with our statutory obligations in terms of the Financial Intelligence Centre Act 3 of 200 and the Prevention of Organized Crime Act 2 of 99.

11. RELIANCE ON CLIENT INFORMATION AND INDEMNITY

• The services provided by us are wholly dependent on information supplied by you.

• We shall be entitled to assume that all the data and information provided by you is accurate, reliable and complete.

• We will not be liable to you or to any third party for any damages suffered as a result of you providing any information that is incorrect or incomplete or where you fail to disclose any relevant information to us.

• We will also not be liable in the instance where you fail to provide us with the required information or documentation, even in the event where you have paid for the services.

• Payment(s) will not be refunded in any of the aforementioned events.

• You hereby indemnify us against any claims or expenses relating thereto.

12. WORK FOR OTHER CLIENTS AND CONFIDENTIALITY

• Our relationship with the client will not prohibit or restrict us in any way from rendering services to any other client.

• Standard internal procedures are in place to ensure that confidential information that is supplied to us as a result of our appointment shall be treated as confidential.

• We may acquire sensitive information concerning your business or affairs in the course of delivering the services, which constitutes personal, trade, business or industrial information not generally known (‘confidential information’). In relation to confidential information we shall comply with the confidentiality standards prescribed in terms of relevant legislation. This restriction shall not apply where confidential information enters the public domain or where we may be required to disclose it to our insurers, legal advisers or under legal compulsion.

13. TERMINATION

• The contract period is for a minimum period of 12 (twelve) months. Should you wish to cancel the mandate and services, you will be required to give written notice of cancellation at least 30 (thirty) days prior to the 12-month termination date, failing which the contract period will automatically renew.

• Should the contract period be automatically renewed, the provisions of clause 13.1 shall apply mutatis mutandis.

• We reserve the right to terminate or suspend our services at any given time, by providing you with 30 (thirty) days’ written notice.

• Termination or suspension of the services shall be without prejudice to any rights that may have accrued to us before termination or suspension and all sums due to us shall become payable in full when termination or suspension takes effect.

• On termination each of us on request will return any property belonging to the other that it has in its possession. We may retain one copy of any documentation upon which the services are based to enable us to maintain a professional record of our involvement.

14. PROTECTION OF PERSONAL INFORMATION ACT

14.1      The Personal Protection of Information Act deals with the collection and processing of personal information. We require your consent to obtain, collect, process and otherwise deal with your personal information as envisaged in the Act, for the following purposes:

• To provide the services to you
• For recordkeeping purposes
• In connection with legal proceedings
• Providing communications to clients in respect of the services rendered
• In connection with and to comply with legal and regulatory requirements or when it is otherwise allowed by law
• For marketing purposes in order to ensure that our products and services remain relevant to our clients and potential clients
• For all such other purposes in order to protect our rights

14.2      By accessing the website and signing up for the Services, you confirm your consent. You also warrant that you have all necessary rights to provide the Personal Information to us for the processing to be performed in relation to the Services, and that one or more justification grounds set forth in POPIA support the lawfulness of the processing.

14.3      We shall treat all Personal Information as confidential and shall inform all our employees, agents and/ or approved sub-contractors engaged in processing the Personal Information of the confidential nature of the Personal Information. We shall ensure that all such persons or parties have signed an appropriate confidentiality agreement, are otherwise bound to a duty of confidentiality, or are under an appropriate statutory obligation of confidentiality.

14.4      We confirm that our firm has complied internally with all the provisions of the POPI Act that relates to us, with specific reference to the processing, security and backup of your data safely. Our information officer has signed off on all the requirements.

14.5      Kindly note that, in order to provide the services, we may be required to share your personal information with our affiliated companies and with third parties, as may be applicable to the services, including but not limited to:

• SARS
• South African Banks
• Department of Labour
• Compensation Commissioner
• Credit Bureaus (in the instance where accounts are in arrears)

14.6      By accessing the website and signing up for the Services, indicates that we have your permission to do so.

14.7      Please note that in the event that we are asked to resign from doing your work for any reason whatsoever it will be necessary for us to retain your records including your private information so that we can deal with any queries that may arise following termination of the engagement. These records will be destroyed after the prescribed period for retention has expired. The signing of this engagement indicates that we have your permission to do so.

15. CAPACITY

You agree to and accept the provisions of the services contract on your own behalf and as the agent for other entities.

16. STAFF

Our staff undergo periodic training and this, together with the taking of leave, may lead to staff turnover and lack of continuity. We will use our best endeavours to avoid any disruption to the services, though we cannot guarantee same.

17. NON-SOLICITATION

17.1     You confirm that, due to the nature of the Services, you may come to possess certain information about our employees relating to their education, experience, skills, and abilities. You further confirm that the aforesaid information is not necessarily generally known but is of substantial value to our offices and our subsidiaries and/or affiliates in developing our business and in securing and retaining clients.

17.2     You further confirm and recognize the substantial expenditure of time and effort which we devote to the recruitment, hiring, orientation, training and retention of our employees. Accordingly, you agree that, for a period beginning on the Effective Date hereof and ending thirty-six (36) months after termination of this engagement, regardless of the reason for such termination, you shall not directly or indirectly, for yourself or on behalf of any other person or entity, solicit, offer employment to, recruit, hire or otherwise retain the services of any employee employed by our offices or any of our subsidiaries or affiliates, as at and from Signature Date. This restriction also applies to former employees (former meaning an employee whose employment with our offices or any of our subsidiaries and/or affiliates is terminated, for whatsoever reason, after the Effective Date).

17.3     You confirm, agree and undertake that, should you breach these non-solicitation provisions, you shall pay damages to our offices, being the higher of the following amounts:

17.3.1   the amount equal to our fee calculated for a 12-month period; or

17.3.2   the gross remuneration offered to the employee(s) in question calculated for a 12-month period (thus the offered monthly gross remuneration x 12); or

17.3.3   in the event that Services have been rendered to you by more than one of our divisions / affiliated businesses, the higher of such various divisions / business’ annual fee ((thus the monthly Fee x 12).

17.4     The aforesaid damages shall be paid by you within fourteen (14) calendar days of receipt of a notice in which such payment is demanded. For sake of clarification, should you continue to utilise the Services following the aforesaid breach, you shall be required to pay the damages in addition to the normal Fee.

18. THESE TERMS AND CONDITIONS

17.1     The terms and conditions contained herein, together with any quotations and/or invoices rendered to you, constitute the service contract.

20.2.     These terms and conditions will remain in effect for perpetuity unless it is terminated, amended or suspended.

20.3.     Should the content not correspond with your view of our terms of engagement, we will gladly discuss this matter further with you.

20.4.     We reserve the right to amend these terms and conditions from time to time, as may be required.

20.5.     We wish you successful trading and request that you communicate with us should you have any queries regarding the above.

TERMS AND CONDITIONS

WEBSITE

1. USE AND COPYRIGHT

1.1.      The user may view, copy, download to a local drive, and print the content of the website, or any part thereof, provided that:

1.1.1.    such content is used for non-commercial purposes only;

1.1.2.    may not infringe on the PAYROLL SA’s intellectual property rights or the intellectual property rights of third parties, or the rights of other users relating to the protection of their personal information and all copies must include the following copyright notice: © PAYROLL SA. ALL RIGHTS RESERVED and

1.1.3.    the use of the content is in accordance with these Terms.

1.2.      The user may not, directly or indirectly, do any of the following:

1.2.1.    perform any action that violates these Terms or any guidelines or policies posted by the PAYROLL SA;

1.2.2.    use the website for hacking, spoofing, cracking, phishing or spamming or any other activity aimed at achieving similar purposes;

1.2.3.    perform any action which is illegal, fraudulent or violates or infringes any of the PAYROLL SA’s rights or the rights of third parties, including intellectual property rights;

1.2.4.    copy, upload, download or share material unless he/she has the lawful right to do so;

1.2.5.    use any technology or other means to access, index, frame or link to the services (including the content) in a way that is not expressly authorized by the PAYROLL SA;

1.2.6.    impersonate or misrepresent his/her affiliation with any person (any reference to person herein shall include both natural and juristic or legal persons);

1.2.7.    send unsolicited communications, promotions, advertisements or spam;

1.2.8.    collect or process information in violation of the Privacy Policy set out herein; or

1.2.9.    interfere with any other person’s use and enjoyment of the services, the website, or the content.

1.3.      Any restrictions on the use of the website or the content shall also apply to any part of the website or the content which may be cached when using the website or the content.

2. INTELLECTUAL PROPERTY RIGHTS

2.1.      The content made available through the website is owned by, or licensed to the PAYROLL SA, and as such, is protected from infringement by domestic and international law, including intellectual property law. Subject to the rights afforded to the user herein, all the PAYROLL SA’s rights, including intellectual property rights, in content displayed on the website, are expressly reserved.

2.2.      The user must not use the website or the content in any way that constitutes a violation of any law (including intellectual property law), or an infringement of the PAYROLL SA’s rights (including the intellectual property rights), the rights of its licensors, users or any third party.

2.3.      All intellectual property rights, including all rights, title and interest in and to the website and content, of whatsoever nature existing now and, in the future, remain the PAYROLL SA’s absolute property and that of its licensors.

2.4.      The user will not, at any time, acquire any rights, title, ownership or interest, including any intellectual property rights, in or to the website or the content other than those rights expressly granted to the user in these Terms.

2.5.      Where any of the content has been licensed to the PAYROLL SA’s or belongs to any third party, the user’s rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and the user hereby agrees to comply with such third party terms and conditions.

3. DISCLAIMER

3.1       The information on this website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).

3.2       It is the sole responsibility of the user to satisfy him/herself prior to accessing this website that the website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of the PAYROLL SA or any legal entity in respect of which information, ideas and opinions are expressed on this website. Users are encouraged to obtain professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

3.3       The PAYROLL SA makes no representations or warranties, implied or otherwise, that, among others, the content and technology available from this site are accurate, complete, free from errors or omissions, that the service will be 100% uninterrupted and error-free or will meet any particular criteria of performance or quality. The PAYROLL SA may make changes to the material on the website at any time without notice. The material on the website may be out of date, and in this regard, The PAYROLL SA makes no commitment to update such material. This site is provided ‘as is’. Accordingly, to the maximum extent permitted by law, the website is provided on the basis that the PAYROLL SA expressly excludes all representations, warranties, conditions and other terms whatsoever, including (without limitation) any representations, warranties or conditions as to the operation, integrity, compatibility, accuracy, availability or functionality of the website or content.

3.4       The provisions of Part 2 of Chapter III of the Electronic Communications and Transactions, 2002 is hereby excluded from applying to any electronic communications and data messages that a user sends to the PAYROLL SA via this website. Any communications or data message that a user sends to the PAYROLL SA will be regarded as having been received by the PAYROLL SA when receipt is acknowledged in writing. If the user does not receive a response within a reasonable period of time, the user should follow it up with the PAYROLL SA. The PAYROLL SA shall not be liable for any failure to respond.

4. SECURITY

4.1       The PAYROLL SA has in place reasonable commercial standards of technology and operational security to protect all information provided by users from loss, misuse, alteration or destruction. All reasonable steps will be taken to secure a user’s information.

4.2       Authorised employees, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data.

4.3       It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. If a person delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website, a criminal charge will be laid against that person, and, if the PAYROLL SA should suffer any damage or loss, civil damages will be claimed.

4.4       The user remains responsible for ensuring that he/she maintains the confidentiality and/or protection from compromise (e.g. lost, stolen, used wrongfully, or used by any other person) of any personal identification number (PIN) and/or digital identity (e.g. digital certificate) that may be issued to him/her and used, amongst other things, to log on to or to identify him/her to the website and that he/she shall be fully responsible for all activities that occur when the PIN code or digital identity, as the case may be, is used, with or without his/her knowledge.

4.5       Under no circumstances may the user permit or otherwise allow any other person to use the user’s pin code and/or digital identity. Only the user is authorised to use the pin code and/or digital identity issued to him/her. The use of the user’s pin code and/or digital identity by any other person compromises the integrity thereof and requires such pin code and/or digital identity to be revoked. further use by the user of a compromised pin code and/or digital identity is not permitted, and the user is required to apply to be re-issued with a new PIN code and/or digital identity.

5. ACCESS TO AND AVAILABILITY OF WEBSITE

5.1.      Whilst the PAYROLL SA will endeavour to ensure that the website is normally available 24 hours a day, it shall not be liable if the website is unavailable for any reason.

5.2.      Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the PAYROLL SA’s control.

5.3.      The PAYROLL SA will not be responsible for the user’s inability to access the website, services and content due to limitations specific to the user’s personal computers, mobile phones, and other similar devices (“Access Device”). To access the content, the user must have an Access Device, which is able to connect to the Internet and to receive content.

5.4.      The user, at his/her own cost, is responsible for obtaining and maintaining the Access Device, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, hardware, software, systems, and the like, needed to access the Internet or to use the service.

5.5.      The PAYROLL SA is not responsible for any Internet access charges, service provider charges and data usage charges. These charges must be paid by the user or the owner of the Access Device.

6. LINKS TO AND FROM THIRD-PARTY WEBSITES

6.1.      The website and content available on or through the website may contain links to other third-party websites, which are completely unrelated to the PAYROLL SA or its website. The inclusion of any link does not imply the PAYROLL SA’s endorsement of such sites. Should the user link to third-party websites, the user may be subject to those third-party websites’ terms and conditions and other policies. The PAYROLL SA does not control, and is not responsible for, these websites or their content or availability. It therefore does not endorse nor makes any representations about them, or any material found there, or any results that may be obtained from using them.

6.2.      Should the user decide to access any of the third-party websites linked to the website, the user does so entirely at his/her own risk.

6.3.      The PAYROLL SA is not responsible or liable, directly or indirectly, in any way for the content, use, or inability to use or access any linked websites or any links contained in a linked website.

6.4.      Any third-party website may link to the website provided that such a link is directed at the home page of the website. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of the website, without the PAYROLL SA’s prior written approval.

6.5.      It is expressly prohibited for any person, business, entity, or website to frame any page on the website, including the home page, in any way whatsoever, without the PAYROLL SA’s prior written approval.

7. DATA PROTECTION

7.1.      The PAYROLL SA will collect personal information from the user and the user may submit personal information to the PAYROLL SA, which will handle the collection, processing and storage of the user’s personal information in accordance with the Privacy Policy set out herein.

7.2.      By disclosing or submitting personal information to the PAYROLL SA, the user consents to the PAYROLL SA collecting, processing and storing such personal information for the purposes described in the Privacy Policy.

8. LIABILITY

8.1.      Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, and to the extent allowed by law, the PAYROLL SA shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the website or the services or content provided from and through the website.

8.2.      Neither the PAYROLL SA nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the purchase of any third-party products or services, or from the use of or inability to use any third-party products or services linked to from, or advertised on the PAYROLL SA’s website.

8.3.      The PAYROLL SA shall not be held liable for any comments or postings made by the user on any of its social media platforms. The PAYROLL SA does not editorially control such comments or posting and therefore cannot be held liable for illegal or unconstitutional content (including, but not limited to defamatory, threatening, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, or blasphemous, comments or postings).

8.4.      The use of the content of this website is at the user’s own risk. The user assumes full responsibility and risk of loss resulting from the use of the content of this site. Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, 2002 (Act 25 of 2002), the PAYROLL SA or any of the legal entities in respect of which information are contained on this site, or employees of the PAYROLL SA or such entity, will not be liable for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to or arising from the use or inability to use this website or the services or content provided from and through this website.

8.5.      When using the services, the user is and shall at all times remain, solely responsible for:

8.5.1.    the user’s conduct;

8.5.2.    the content of the information and material provided by the user;

8.5.3.    maintaining and backing up of the user’s information and material;

8.5.4.    loss or corruption of the user’s information and material;

8.5.5.    the user’s electronic communications;

8.5.6.    what the user copies, shares, uploads, downloads or otherwise use or share with others;

and the user agrees to indemnify, defend and hold the PAYROLL SA harmless against all legal costs, charges, loss or damage which the PAYROLL SA may sustain as a result of any of the aforesaid for which the user is responsible whilst using the services.

9. INDEMNITY

9.1.      As far as the law allows, the user hereby indemnifies the PAYROLL SA and agrees to hold it, its affiliates and suppliers harmless against any loss, liability, costs, and damages which the PAYROLL SA or its suppliers and/or affiliates may suffer, where the claim results from:

9.1.1.    the user’s use and access to the website, content and/or the services;

9.1.2.    the user infringing or misusing any rights of any persons, including intellectual property rights in relation to the website or content;

9.1.3.    the user’s violation of these Terms; or any comments or postings the user may make on any of the PAYROLL SA’s social media platforms.

9.2.      In certain instances the PAYROLL SA or other persons or entities may have claims for damage caused by the user, for example, where the user infringes upon the intellectual property rights of others, makes defamatory, threatening, or discriminatory comments of social media, or violates any of these Terms. The user hereby agrees to take on responsibility and liability for such losses and damages that the PAYROLL SA or other persons or entities may suffer. The user will not be able to take action against the PAYROLL SA if he/she should suffer losses or damages in these circumstances.

TERMS AND CONDITIONS

GENERAL PROVISIONS

1. SEVERABILITY

These terms and conditions of use constitute the entire professional or other relationship between the PAYROLL SA and the user of this website. If any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

2. UPDATING THESE TERMS AND CONDITIONS

PAYROLL SA reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions of use from time to time. Changes to these terms and conditions of use will take effect upon such changes being posted to this website. It is the user’s obligation to periodically check these terms and conditions of use at this website for changes or updates. The user’s continued use of this website following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by these terms and conditions of use, including such changes or updates.

3. ACCEPTANCE

3.1.      When using, accessing, browsing, referring to, viewing, and/or downloading content, the user is agreeing and accepting to be bound to these Terms and the Privacy Policy which is accessible below. The Privacy Policy is hereby incorporated into these Terms and forms part of these Terms.

3.2.      These Terms and the Privacy Policy apply to the entire contents of the website and to any correspondence between the PAYROLL SA and the user. Using, accessing, browsing, referring to, viewing, uploading and/or downloading the content displayed on the website for any purpose indicates that the user has read, understood and accepted these Terms and the Privacy Policy and agree to be bound by same. Should the user not agree to these Terms and the Privacy Policy, the user shall immediately refrain from using, accessing, browsing, referring to, viewing, uploading and/or downloading the content displayed on the website.

4. WAIVER

Any failure by the PAYROLL SA to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.

5. APPLICABLE AND GOVERNING LAW

The website is hosted, controlled and operated from the Republic of South Africa, and thus South African Law governs the use of the website, as well as the provisions of these Terms.