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The New Features Workshop highlights all the new and exciting enhancements to
the PaySpace system. Book your seat today!
Sales Enquiry: +27 87 210 3000 | sales@payspace.com
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TERMS AND CONDITIONS OF USE
Home » Terms and Conditions of Use
1 INTRODUCTION 1.1 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. 2 DEFINITIONS 2.1
“Agreement” means: 2.1.1 these Terms and Conditions of Use
(“Terms”); 2.1.2 Service Provider’s Data Processing and Privacy
Policy Agreement (“Privacy Policy”); 2.1.3 The proposal provided by
Services Provider and accepted by Customer; 2.2 The documents
comprising the Agreement shall be read in the order of precedence as per clauses
2.1.1 to 2.1.3 above. 2.3 “Business Day” means any day other than
a Saturday, Sunday or public holiday as gazetted by the government of the
Republic of South Africa from time to time. 2.4 “Business Hours”
means the hours of [Monday to Thursday 08:00 to 17:00 SAST and Friday 08:00 to
16:00 SAST] on a Business Day. 2.5 “Customer” means the company,
affiliates or legal entity of that company, employee or third party for which
Customer is accepting this Agreement. 2.6 “Enhancements or
Upgrades” means any changes to the PaySpace Application that enhances the
capabilities of the PaySpace Application. 2.7 “Service Provider”
means the company that Customer is contracting with, based on criteria as
defined below: 2.7.1 Where the Local Country of Residence is South
Africa the contracting entity with whom Customer shall be contracting is:
2.7.1.1 Insight IT Solutions Pty Ltd:
1st Floor
Block 1
299 Pendoring Road
Blackheath
Johannesburg
2195
2.7.2 Where the Local Country of Residence is anywhere outside
South Africa the contracting entity with whom Customer shall be contracting is:
2.7.2.1 PaySpace Global Ltd:
The Depot
Labourdonnais Village
Mapou
31803
Mauritius
2.8 “PaySpace Application” means the computer software and
related documentation comprising the private labelled payroll processing service
marketed by Service Provider as PaySpace, including but not limited to any
Enhancements or Upgrades provided by Service Provider during the term of this
Agreement and made available by Service Provider at www.payspace.com.
2.9 “PaySpace Service, Services or Service” means Service
Providers website, including related mobile apps, platforms, web services,
implementation services, outsource services, support services or any content or
information provided as part of these services. 2.10 “Proposal”
means the written cost proposal document, quote, order confirmation or email
provided by Service Provider to Customer, outlining the Services and costs of
the deliverables to be provided by Services Provider. 3 GOVERNING
LAW 3.1 “Governing Law” means the law, which is to apply to the
Agreement, and according to which the Agreement is to be interpreted, shall be
the law of the Republic of South Africa and the Parties submit to the
exclusivity of the courts of South Africa. 4 AGREEMENT
4.1 Customer agrees that by registering, accessing, logging in or
using Service Provider’s Services or similar, Customer is entering or has
entered into a legally binding agreement with Service Provider (even if Customer
is using Service Provider’s Services on behalf of a company).
4.2 If Customer does not agree to the Agreement, then Customer
should NOT enrol (or similar) and should not access or otherwise use any of the
Services of Service Provider. Service Provider reserves the right to change the
terms of this Agreement and will notify Customer if Services Provider does so.
The parties agree that changes cannot be retroactive. If Customer does not agree
to these changes, Customer must stop using the Services. 4.3
Registered users of the Services are “Members” and unregistered users are
“Visitors”. This Agreement applies to both. 5 CUSTOMER’S LICENSE
TO USE THE SERVICE 5.1 Customer’s information, or any derivatives
thereof, contained in any of Service Provider’s repositories shall be and remain
Customer’s sole and exclusive property. 5.2 Service Provider is
provided a license to Customer’s 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.
5.3 Customer’s license commences on the date, as per clause 4.1
and continues until termination (as per clause 6). Customer agrees that Service
Provider may access, store and use any information that Customer provides in
accordance with the terms of the Privacy Policy. 5.4 Customer is
responsible for all activities conducted under its user logins and for its
users’ compliance with this Agreement. Customer shall use the Service solely for
its internal business purposes, in compliance with applicable law, and shall
not: 5.4.1 resell, sublicense, lease, time-share or otherwise make
the Service available to any third party; 5.4.2 send or store
infringing or unlawful material; 5.4.3 send or store Malicious
Code; 5.4.4 attempt to gain unauthorized access to, or disrupt the
integrity or performance of the Service or the data contained therein;
5.4.5 modify, copy or create derivative works based on the Service;
5.4.6 reverse engineer the Service; 5.4.7 access the
Service for the purpose of building a competitive product or service or copying
its features or user interface; 5.4.8 send or store infringing or
unlawful material; 5.4.9 use the Service or permit it to be used,
for purposes of product evaluation, benchmarking or other comparative analysis
intended for publication without Service Provider’s prior written consent;
5.4.10 permit access to the Service by a direct competitor of Service
Provider. 6 TERM AND TERMINATION 6.1 Software as a
Service: 6.1.1 Service Provider may terminate this agreement at any
time by giving 3 (three) months prior written notice to Customer. Service
Provider also reserve the right to restrict, suspend, or terminate Customer’s
account, without notice, if Service Provider believes that Customer may be in
breach of this Agreement or law or are misusing the Services. 6.1.2
Customer may terminate this agreement at any time, provided that Customer’s
account is paid up to date, by giving 30 days prior written notice to Service
Provider. Notice of termination by Customer, needs to be sent to
cancellations@payspace.com. Such notice is the absolute responsibility of the
Customer and is required to ensure that Service Provider complies with the
applicable laws with regards to data protection and the protection of a data
subjects’ personal data. 6.2 Outsourcing Services:
6.2.1 Service Provider may terminate this agreement at any time by
giving 6 (six) months prior written notice to Customer. Service Provider also
reserve the right to restrict, suspend, or terminate Customer’s account, without
notice, if Service Provider believes that Customer may be in breach of this
Agreement or law or are misusing the Services. 6.2.2 Customer may
terminate this agreement at any time, provided that Customer’s account is paid
up to date, by giving 3 (three) months prior written notice to Service
Provider. Notice of termination by Customer, needs to be sent to
cancellations@payspace.com. Such notice is the absolute responsibility of the
Customer and is required to ensure that Service Provider complies with the
applicable laws with regards to data protection and the protection of a data
subjects’ personal data. 7 SERVICE INFORMATION AND CALCULATIONS
7.1 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, Service Provider’s Service
merely advises Customer on the correct legal course of action regarding aspects
of employee tax. It is, however, Customer’s responsibility to absorb, understand
and apply this advice as well as cross check that Customer is satisfied that the
figures are correct. 7.2 Service Provider’s 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. 7.3 Service Provider has invested a huge
amount of time and resources in testing the calculations being performed by
Service Provider’s Service and to the best of Service Provider’s knowledge and
ability. Service Provider is 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 Service Provider as being the cause of
such discrepancies, Service Provider will use all reasonable endeavours to
address these as soon as possible. With this in mind Service Provider uses its
best endeavours to ensure that all figures are available to Customer at all
times. Customer hereby indemnifies and holds Service Provider harmless against
all liability for any loss, damage or expense however caused due to incorrect
calculations of any kind. 7.4 Furthermore, Service Provider
provides Customer with a legislative tool set and provides Customer information
on how to implement and apply the law and in so doing trust that Customer will
not intentionally obstruct the law in using the Services in the incorrect
manner. 8 IMPLEMENTATION SERVICES 8.1
Implementation Services will be supplied strictly in accordance with the
Services specified and quoted for in the Proposal , which may be amended, in
writing, from time to time. 9 OUTSOURCING SERVICES
9.1 Outsourcing Services will be supplied strictly in accordance
with the Services specified and quoted for in the Proposal, which may be
amended, in writing, from time to time. 9.2 Service Provider and
Customer responsibilities are those specifically outlined in the Proposal.
10 SERVICE LEVELS 10.1 Incidents, when reported to
Service Provider’s service desk, will be responded to and be resolved in line
with Service Provider’s standard service levels including those that have been
specifically specified in the Proposal. 11 SUPPORT AND PROBLEM
RESOLUTION 11.1 Service Provider includes a baseline level of
Support as part of Customer’s monthly subscription. This basic Support includes:
11.1.1 Online help 24 hours 7 days a week (24/7): Around-the-clock
access to all online help resources; 11.1.2 Live telephonic & online
chat Support on Business Days during Business Hours; 11.1.3 There is
no limit to the number of Support requests (“Support Requests”) that can be
submitted by Customer to Service Provider; 11.1.4 Support will
include enhancements or updates required to the PaySpace Application and
Platform thus ensuring it is kept current and up to date with technological
advancements and improvements. 12 COMMERCIAL TERMS 12.1
Banking Details 12.1.1 Customer banking details will be captured as
part of the registration process on the PaySpace Application; 12.1.2
Service Provider is authorised to debit the Customer’s bank account with the
relevant implementation fees, training fees, consumption fees or any additional
fees that arise due to additional services or modules that the Customer may have
selected or may select from time to time. 12.2 Payment
12.2.1 Deposit and Advance Billing 12.2.1.1 On sign-off or
acceptance of the proposal, Service Provider will debit Customer’s bank account
with a deposit amount equal to 35% (thirty five percent) of the implementation
amount quoted. 12.2.1.2 Subscription-based Services will be invoiced
for a period of 3 months in advance, based on the number of employees as per the
Proposal. 12.2.2 Post Implementation Billing 12.2.2.1 All
non-subscription and subscription-based invoicing will be debited, against
Customer’s bank account, on the 1st day of every calendar month or alternatively
as per the payment terms specified in the Proposal. In the event that the 1st
falls on a public holiday or weekend, then the invoicing will be debited against
Customer’s bank account on the 1st business day thereafter; 12.2.2.2
Any additional pay-runs (commission, interim etc) that take place between or
after the initial monthly invoicing and bank account debiting process, will be
invoiced and debited against Customer’s bank account on the 8th day of every
calendar month. In the event that the 8th falls on a public holiday or
weekend, then the invoicing will be debited against Customer’s bank account on
the 1st business day thereafter; 12.2.3 Payment will be done without
setoff or deduction for whatsoever cause. 12.3 Disputes
12.3.1 It is Customer’s responsibility to, where applicable, dispute
any invoices 24 hours after invoices have been inserted on Customer’s profile;
12.3.2 Notification of the dispute together with documented proof need
to be forward via email to finance@payspace.com. 12.4 Refunds
12.4.1 Refunds will be done within 8 business days from the date that
Service Provider and Customer reached agreement on the dispute; 12.4.2
Customer’s account will be debited with new invoice amount within 8 business
days from dispute resolution date. 12.5 Training. Training shall be
charged at the then prevailing training rate.
12.6 Work Requests (Written request from Customer to Service
Provider). Work Requests will be charged as per the stipulations contained in
the signed Work Request document where applicable.
12.7 Change of Scope. Change of Scope will be charged as per the
stipulations contained in the signed Change of Scope document.`
12.8 Consumption Fees 12.8.1 Product Consumption fees
will be charged for per module based on the modules selected as per the original
and any other subsequent Pricing Proposal; 12.8.2 Pricing is based on
an employee, per payslip or user sliding scale and pricing can therefor vary /
change based on the number of payslips processed or users licenced;
12.8.3 Subject to clause 12.2.1.1.2 above, Payroll and Base HR will be
charged for from the first parallel run; 12.8.4 All other modules
will be charged from date and time of Payroll and base HR first live run.
12.8.5 Payroll and Base HR 12.8.5.1 Software as a Service
12.8.5.1.1 Charged per active payslip – An active payslip
is defined as having any component that has a value that is not zero, in any
run; 12.8.5.1.2 All per payslip costs are estimated
based on the assumption that one payslip will be processed per employee per
month, and it does not include any additional payslips per month. Each
additional payslip calculation, including parallel runs, weekly and / or
bi-weekly payslips as well as historical payslips (restricted to the current tax
year), will be billed at the per active payslip rate. 12.8.5.2
Outsourcing Services 12.8.5.2.1 All payslips and or
monthly processing is billed at per payslip rate or a minimum billing fee per
entity, whichever is more at the time of billing during each pay period. If the
consumption value for payslips produced within a given month, for a specific
entity is less than the minimum rate, the minimum rate will apply, however, if
the consumption value for payslips produced within a given month for a specific
legal entity exceeds the value of the minimum rate, the per payslip rate will
apply; 12.8.5.2.2 Monthly per payslip charges become
applicable from the first payroll take-on run of each respective payroll.
12.8.6 Performance Management 12.8.6.1 Charged monthly per
active employee, per employee bracket 12.8.7 Workforce Planning
12.8.7.1 Charged monthly per active employee, per employee bracket.
12.8.8 Additional Tax Module 12.8.8.1 Charged monthly per
active payslip, per country (excluding the base country), per employee bracket.
12.8.9 Multi-Currency Expat Module 12.8.9.1 Charged monthly
per active payslip per employee bracket. 12.8.10 OrgChart 12.8.10.1
Base Charge (Unlimited Users): monthly per employee bracket; 12.8.10.2
Planning Monthly (Unlimited Users): monthly per employee bracket; 12.8.10.3
Point in Time (Unlimited Users): monthly per employee bracket. 12.8.11
Cloud Analytics and Power BI 12.8.11.1 Initial Once Off Charge: per user,
per employee bracket; 12.8.11.2 Monthly Charge: per user, per employee
bracket. 12.8.12 Recruitment 12.8.12.1 Fixed Monthly fee charged
based on the Service Type selected. 12.8.13 Historical Data
12.8.13.1 Data take-on pricing excludes the take-on of historical data.
12.9 Additional Operational Support Services 12.9.1
Service Desk calls that exceed 15 minutes and, where the call is not related to
an issue attributable to the PaySpace Product, are chargeable at the then ruling
operational support services rates; 12.9.2 Service Desk Support calls
are chargeable per hour or part thereof; 12.9.3 Additional
Operational Support is charged at the then ruling rates or priority support
option selected; 12.9.4 Unless otherwise specified in a priority
support option, fees (service desk and additional operational support) are
invoiced monthly in arrears. 12.10 Overtime 12.10.1 Overtime
will be charged for at the then ruling rates; 12.10.2 Requests for
overtime needs to be authorised by Customer and Service Provider in writing and
must be requested well in advance; 12.10.3 Same day requests for
overtime assistance might not be approved by Service Provider and are subject to
operational availability. 12.11 Standby Support 12.11.1
Standby support, in essence, is a request for availability after hours;
12.11.2 Standby support will be charged for at the then ruling standby
support rate; 12.11.3 Standby support is payable even if no assistance
was required; 12.11.4 The duration of actual support during a standby
support period will be charged at the then ruling overtime rates, over and above
the standby fee; 12.11.5 Requests for standby needs to be authorised by
Customer and Service Provider in writing and must be requested well in advance;
12.11.6 Same day requests for standby support might not be approved by
Service Provider and are subject to operational availability. 12.12
Travel, Accommodation, Subsistence, and any other Disbursements. Any Travel,
Accommodation, Subsistence, and any other Disbursements should be pre-approved
by Customer.
12.13 Government Taxes. All invoicing will be inclusive of all taxes
and / or Government Taxes as applicable. 12.14 Exchange Rates. Service
and consumption charges may be subject to foreign exchange fees or variances in
exchange rates. 12.15 Extraordinary Expenses. Extraordinary Expenses
include (but are not limited to) expenses such as abnormal bank charges, VAT,
withholding taxes and any and all related expenses and are for the account of
Customer.
12.16 Annual Increases and Price Lists 12.16.1 All service and
consumption fees will be increased annually in October; 12.16.2 Such
increases will be based on the South African Consumer Price Index (“CPI”) plus 2
(two) percent; 12.16.3 Service Fees and Consumption Charge price lists
are available on request; 12.16.4 Pricing contained in price lists
exclude any form of Government levies, charges, and taxes; 12.16.5
Pricing contained in the price lists are charged per country in either South
African Rand (South Africa, Botswana, Namibia, eSwatini and Lesotho) or United
States Dollar (all other countries). 12.17 Invoicing 12.17.1
Customer invoices and receipts are available on the PaySpace Application under
Customers Configuration > Financial Menu > Invoices and Receipts sub-menu item.
12.17.2 Non-subscription-based invoices: 12.17.2.1 Invoices are
published as and when the services are performed. 12.17.3
Subscription-based invoices: 12.17.3.1 It is the Customer’s responsibility
to obtain the necessary invoices from the PaySpace Application. 13
NOTICES, SERVICE MESSAGES AND ADVERTS 13.1 Customer agrees that
Service Provider may provide notices to Customer in the following ways:
13.1.1 a banner notice on the Service. or; 13.1.2 an email
sent to an address provided by Customer. or; 13.1.3 through other
means including mobile number, telephone, or mail. Customer agrees to keep
Customer’s contact information up to date. Customer is able to indicate on
Customer’s profile that Customer do not wish to receive email notices
specifically. 13.2 Service Provider has the right, without
compensation to Customer or others, to serve advertisements on any of Service
Provider’s Services. 14 SERVICE AVAILABILITY 14.1
Service Provider may change, suspend or end any Service, or change and modify
prices prospectively at Service Provider’s discretion. 14.2 Service
Provider will use commercially reasonable efforts to make the online Services
available 24 hours a day, 7 days a week, except for: 14.2.1 planned
downtime (of which Service Provider shall give at least 8 hours electronic
notice and which Service Provider shall schedule to the extent practicable
during the weekend hours between 6:00 p.m. Friday and 3:00 a.m. Sunday SAST).
and; 14.2.2 any unavailability caused by circumstances beyond Service
Provider’s 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 Service Provider’s employees),
Epidemic, Pandemic, Internet service provider failure or delay, or denial of
service attack. 15 LIMITATION OF LIABILITY AND INDEMNITY
15.1 Customer will have no claim against Service Provider or any of
Service Provider’s employees, or contractors in the event of any loss or damage
sustained by Customer or any of Customer’s members, employees, sub-contractors
or agents and which results directly or indirectly from this agreement. Customer
hereby indemnifies Service Provider and holds Service Provider harmless against
any and all claims, liabilities, losses, fines, damages, expenses, and legal
fees on an attorney and own client scale, which Customer may sustain or incur by
reason of any act or omission of Service Provider or any of its members,
employees, sub-contractors or agents directly or indirectly in consequence of
the services provided in terms of this agreement. Service Provider make 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.
You can make contact with us directly using the details below.
299 Pendoring Road | Blackheath
Phone: +27 87 210 3000
Email: sales@payspace.com
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