Introduction

PaySpace is a scalable, agile, multi-country, 100% cloud based human capital management application that provides services related to payroll and HR services. PaySpace enables businesses of all sizes to run a compliant best in class people management operation cost effectively. 

Definitions 

“You” or “Your” means the company, employee or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity. 

“We,” “Us” or “Our” means our company you are contracting with based on criteria as defined in the chart at the bottom of this agreement.

Agreement 

You agree that by, registering, accessing, logging in, using our services (our website, including related mobile apps, web services, outsource services, or any content or information provided as part of these services, together, the “PaySpace Service”, “Service” or “Services”) or similar, you agree and are entering into a legally binding agreement (even if you are using our Services on behalf of a company) with our company. Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy (“Agreements”).

 If you do not agree to this Agreement, do NOT enrol (or similar) and do not access or otherwise use any of our Services. We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using the Services. 

Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both. 

Your License to PaySpace 

Your information, or any derivatives thereof, contained in any of our repositories shall be and remain your sole and exclusive property. We are provided a license to your data for the sole and exclusive purpose of providing the Services including a worldwide, transferable and sub-licensable right to use, store, record, transmit, maintain, modify, process and display data only to the extent necessary in the provisioning of the Services. 

Your license commences on the date that you first accept this agreement and continues until termination. You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy. Legal jurisdictions will dictate how long your data is retained within each respective country, if there is no standard, a default period of 5 (five) years will be used to determine whether data should be destroyed.

You are responsible for all activities conducted under your user logins and for your users’ compliance with this Agreement. You shall use our Service solely for its internal business purposes, in compliance with applicable law, and shall not:

  • resell, sublicense, lease, time-share or otherwise make the Service available to any third party;
  • send or store infringing or unlawful material;
  • send or store Malicious Code;
  • attempt to gain unauthorized access to, or disrupt the integrity or performance of the Service or the data contained therein;
  • modify, copy or create derivative works based on the Service;
  • reverse engineer the Service;
  • access the Service for the purpose of building a competitive product or service or copying its features or user interface;
  • use the Service or permit it to be used, for purposes of product evaluation, benchmarking or other comparative analysis intended for publication without our prior written consent;
  • permit access to the Service by a direct competitor of ours.

You or we may terminate this agreement at any time with notice to the other in writing. We also reserve the right to restrict, suspend, or terminate your account, without notice, if we believe that you may be in breach of this Agreement or law or are misusing the Services. On notice of termination you will have 30 days to download or export your data using one of many mechanisms such as reports, web services and business intelligence tools. After that 30-day period, we will have no obligation to maintain or provide your data, and will thereafter delete or destroy all copies of your data in our systems or otherwise in our possession or control, unless legally prohibited.

We have the right, without compensation to you or others, to serve ads on any of our Services. 

Service Information and Calculations 

The legislative information contained on this website is meant to provide general information and guidance regarding the adherence to tax guidelines for employers. Although the advisory information will be updated periodically when such information becomes available, our Service merely advises you on the correct legal course of action regarding aspects of employee tax. It is however, your responsibility to absorb, understand and apply this advice as well as cross check that you are satisfied the figures are correct.

Our Service does not address, and is not meant to address, the entire body of local law and regulation governing the payroll process, or employment law. Such laws and regulations change frequently and their effects can vary widely based upon interpretation, the number of employees, labour regulations, and other specific facts and circumstances.

We have invested a huge amount of time and resources in testing the calculations being performed by our Service and to the best of our knowledge and ability we are confident that the figures being calculated are accurate. In the event that any discrepancies arise due to unforeseen technical reasons which have been recognized by us as being the cause of such discrepancies, we will use all reasonable endeavours to address these as soon as possible. With this in mind we use our best endeavours to ensure that all figures are available to you at all times. You hereby indemnify and holds us harmless against all liability for any loss, damage or expense however caused due to incorrect calculations of any kind.

Furthermore, we provide you with a legislative tool set and provide you information on how to implement and apply the law and in so doing trust that you will not intentionally obstruct the law in using the Services in the incorrect manner.

Payment 

You agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Service and to facilitate easy payment for new Services.
  • Should you select to have us debit your account, by entering your banking details on our website you thereby give us permission to debit your bank account with the relevant subscription fee and/or any additional fees that arise due to additional Services or modules that you may have selected or may select from time to time.
  • Taxes are calculated based on the billing information that you provide us at the time of enrolment.
  • You can get a copy of your invoices through your our website under “Invoices and Receipts”
  • We utilise EFT Services provided by SagePay (www.sagepay.co.za) to facilitate all of our 3rd party transfers. Should you opt to utilise our 3rd party payments Service, the service fee along with any additional fees will be made by direct deposit into the relevant SagePay bank account along with the 3rd Party payment. We will only transfer 3rd Party payments once we have confirmation that the funds reflect in the relevant SagePay bank account. This EFT service option is only available for South African entities.

Notices and Service Messages 

You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date. You are able to indicate on your profile that you do not wish to receive email notices specifically.

Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. We use commercially reasonable efforts to make the online Services available 24 hours a day, 7 days a week, except for: (1) planned downtime (of which we shall give at least 8 hours electronic notice and which we shall schedule to the extent practicable during the weekend hours between 6:00 p.m. Friday and 3:00 a.m. GMT +2 time), and (2) any unavailability caused by circumstances beyond our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labour problem (other than one involving our employees), Internet service provider failure or delay, or denial of service attack.

As part of our commitment to deliver a high level of service, we provide a public web page that shows our historical record of system uptime. The web page also serves as a resource for you in the rare event of a Service disruption. Anyone can see real time information about any disruption, its cause, and the expected resolution time.

Limitation of Liability and Indemnity

You will have no claim against us or any of our employees, or contractors in the event of any loss or damage sustained by you or any of you members, employees, sub-contractors or agents and which results directly or indirectly from this agreement. You hereby indemnify us, and hold us harmless against any and all claims, liabilities, losses, fines, damages, expenses, and legal fees on an attorney and own client scale, which you may sustain or incur by reason of any act or omission of us or any of its members, employees, sub-contractors or agents directly or indirectly in consequence of the services provided in terms of this agreement. We makes no representation or warranty, either express or implied, in connection with the Service or the Services that may be provided by third party participants as part of, or otherwise in connection with, the Service. 

Our Contracting Entity 

This chart details the entity with which you are contracting by accepting this Agreement: 

Local Country of Residence Our Entity Address
South Africa Insight IT Solutions Pty Ltd 1st Floor, Block 7
299 Pendoring Street
Blackheath
2195
Johanesburg
South Africa
Anywhere outside South Africa PaySpace Global Ltd Suite 3
Grand Baie Business Park
Grand Baie
Mauritius