Terms and Conditions

PAXSAL PAYROLL OUTSOURCING (PROPRIETARY) LIMITED: STANDARD TERMS AND CONDITIONS 1 By accessing or using any functionality of the website, including the services, you enter into an agreement with Paxal Payroll Outsourcing (Proprietary) Limited (Registration number 1995/006921/07), trading as Payzone ("Payzone") on the terms and conditions set out herein and as may be referenced herein (the "terms"). For the purposes of these terms “services” means the online payroll service selected by you during the registration process in terms of which - 1.1 Payzone will, based on the information submitted by you, the employer (“you”, “your” or “the employer”) calculate the salary and other remuneration payable to your employees and any tax, UIF and other amounts payable to regulatory authorities and prepare and deliver by email the pay slips of each employee (“payslip”) to the employer; and/or 1.2 in addition to the pay slip service contemplated in 1.1 (“pay slip service”), the employer will appoint Payzone as its agent, to pay to each of the employer’s employees’ the salary due to them in terms of the pay slip into a bank account nominated for that purpose by the employee (“payment service”) and pay the UIF to the relevant recipients, and which amounts plus the fees will be deposited by the employer into the nominated Payzone bank account within such time so as to enable Payzone to pay salaries and UIF payments timeously. Website terms of use 2 Acceptance: Payzone may at any time modify any of the terms and the amended terms will be made available on the website. Each time you access the website, you agree to be bound by the terms, as may be modified from time to time. 3 User Name and PIN: Each time you use the services, you will be obliged to enter a User Name ("User Name") and Password ("Password") chosen by you. You undertake to ensure that your User Name and Password is not disclosed to any third party and to immediately report any actual or potential unauthorised access to or use of your User Name and Password. On receipt of such report, Payzone reserves the right to reject any communication received from you, suspend the processing of any communications and requests not yet executed by Payzone and immediately deactivate your Password and User Name. You shall thereafter be obliged to refrain from using the service until such time as a new Password and/or User Name, as the case may be, has been authorised by Payzone. Payzone may from time to time require you to change your password and/or User Name, as the case may be, and you undertake to comply with such instruction immediately. 4 Verification: All instructions, consents, orders and any other communications which purport to originate from you or a person who had authority to act on your behalf in respect of such communication or an information system programmed by or on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to Payzone electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by Payzone and you will be bound by such instruction with no liability of whatever nature attaching to Payzone in regard thereto. 5 Subscription for the Service: The advertising of the services via the website merely constitutes an invitation by Payzone for you to make an offer to subscribe for the services. Once you have submitted the required information to Payzone, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. Payzone reserves the right to cancel a request to register for any reason on notice to you. An email confirmation will be sent to you once Payzone receives your registration details. A transaction to use the service will only be deemed to have been concluded once the email confirmation as aforesaid is sent to you. 6 Compliance with Section 43(1) of the Electronic Communications and Transactions Act of 2002 ("ECT Act"). 6.1 Payzone is a member of the South African Payroll Association (Association Incorporated under Section 21) (“SAPA”), Telephone (011) 433 2977, Fax (011) 433 8717. 6.2 Payzone subscribes to the SAPA code of ethics, which code is available on the SAPA website at www.sapayroll.co.za. 6.3 The directors of Payzone are: A Warwick, LJ Mashini, MN Sekhitla, ME Monage, GJ Wilson. 6.4 The physical address for receipt of service is: 6 Protea Place, cnr Fredman Drive, Sandton, South Africa, Private Bag X44 Benmore 2010 South Africa; Fax: +27 (0)11 722 8167. 7 Cooling off period and right of withdrawal: if you qualify as a consumer as defined in the ECT Act, you may cancel the transaction at any time within 7 days of date of acceptance by Payzone of you as a subscriber and receive a refund of the fee paid for the service. Such notice of cancellation must be in writing. You will, however, not be entitled to exercise the above right of cancellation for the provision of services if performance has begun, with your consent, before the end of the seven day period referred to above. 8 Right to Terminate: You may at any time terminate the terms on the giving of 20 days prior written notice to Payzone. 9 Privacy. The manner in which we treat personal information obtained by Payzone by virtue of your use of this website is protected and used as set out in our privacy policy. Click here to see our privacy policy 10 Security Policy - While we employ security features, processes and procedures on the site which are in accordance with or higher than accepted industry standard and use 128 bit encryption technology, we cannot guarantee the security of the information you transmit to us or of any information we transmit to you. Notwithstanding precautions taken by us, you accept that transmitting information over the Internet may be subject to unlawful access or monitoring. To enjoy full functionality and all the security features available on the site you require the browser and version thereof as specified on the site from time to time. If you do not have the specified browser you may not have the benefit of the security features made available on the site and you accept all risks related to this. 11 Copyright and Intellectual Property Rights. Copyright and all intellectual property rights in all materials, texts, drawings, data made available on this website (collectively "the materials") are owned by Payzone alternatively, Payzone is the lawful user thereof and are protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of Payzone. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of Payzone. 12 External links. External links may be provided for your convenience, but they are beyond the control of Payzone and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of Payzone. 13 Unlawful use. You shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law. 14 Warranties: The website and the services are provided “as is” and Payzone makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) with regard thereto. Without limiting the generality of the foregoing, we disclaim all implied warranties in respect of merchantability or fitness for a particular purpose. Payzone does not warrant that the site or the information on the site: (a) will be error free; (b) will meet any particular criteria of accuracy, completeness or reliability, performance or quality; or (c) will be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network. You warrant and represent that you are legally entitled to access the website and use the services. 15 Limitation of Liability: Neither Payzone or its directors shall be liable for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to (a) your access and use of the website and/or the services (b) the unavailability of the website or the service for any reason whatever (b) your use of or reliance of any information offered on or via the website and/or your use of the services; (d) your acts or omissions; .(e) a breach by you of the terms; (f) the fact that Payzone acts on your instructions/orders or instructions/orders purported to emanate from you (g) any unlawful access or monitoring of information transmitted to us. Specific Terms for Use of the Services 16 Agency: The employer appoints Payzone who accepts such appointment as its agent to pay the remuneration to the employees and the regulatory payments to the applicable regulatory authorities. 17 Employers obligations: The Employer shall (a) supply Payzone with all information which Payzone may require in order to enable it to render the services and to be able to properly, effectively and efficiently perform its obligations in terms of the terms (b) by no later than the applicable payday, have deposited the all the fees due and owing to Payzone, the correct remuneration and regulatory payments into the nominated Payzone bank account. The employer acknowledges that insofar as insufficient funds are deposited into the bank account nominated by Payzone so as to settle all fees due and owing to Payzone, the employee’s remuneration and regulatory payments, Payzone shall be entitled to first deduct its fee from such amount. 18 Warranties: the employer warrants that (a) it has and will continue to have for the duration of the agreement, all necessary consents to use the services including consent from the employee that the employer may disclose the personal information of the employee to Payzone for use by Payzone to render the services (b) all information given to Payzone is accurate, up-to-date and complete. 19 Exclusion of liability: Neither party shall be liable to the other for any indirect, incidental, special, punitive, consequential or exemplary damages whether in contract or delict or for restitution. Neither Payzone or its directors shall be liable for any loss, liability, damage or expense of whatever nature and which is caused by or attributable to (a) a claim by an employee of a contravention of the Basic Conditions of Employment Act 75 of 1997 or the Labour Relations Act 75 of 1997 or any other rights of the employee in law, including the employee’s right to privacy and protection of its personal data; (b) any failure or delay by the employee to receive his/her remuneration or the regulatory authorities not receiving the regulatory payments (c); the employee receiving incorrect remuneration or the regulatory authorities receiving incorrect regulatory payments; (d) a breach by the employer of the terms; (e) any error or omission in respect of information submitted to Payzone by you. General 20 Address for Service. The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, the serving of any process, is the address set out in 6.4. Payzone shall be shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number. 21 Sole record: The terms constitute the sole record of the agreement between you and Payzone in relation to the subject matter hereof. Neither you nor Payzone shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Payzone in respect of the subject matter hereof. No indulgence or extension of time which either you or Payzone may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights. 22 Assignment: Payzone shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms. 23 Severability: All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect. 24 Force majeure: Should Payzone be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Payzone is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has fist occurred then Payzone shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities. 25 Complaints: Any complaints and queries which you may have should be directed to our help desk on the number specified on the website from time to time. 26 Law and Jurisdiction: These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith. This document was last updated on 19 September 2007. Copyright © 2007 Paxsal Payroll Outsourcing (Proprietary) Limited All Rights Reserved.