Terms of Service Agreement ("TOS")
PSIberWORKS (Pty) Ltd (”We/Us/Ours”)
is the registered owner of this website (www.psiber.co.za)
as well as all the products and services available on this website unless
otherwise specifically stated. The editorial content, the business documents,
the services and the products available on this website are for your personal
use only and are not to be used for commercial purposes unless you have
specific written permission from PSIberWORKS (Pty) Ltd. These facilities are
provided to business entities and their employees as well as to the general
public on a “pay as you use” basis.
The republication or reuse of the
content contained on this website without the prior written permission of
PSIberWORKS (PTY) Ltd and /or our partners is strictly prohibited. We, and / or
our partners, shall bear no responsibility and also disclaim all liability for
any loss, damage or liability either directly or indirectly, attributable to
the use of or reliance upon information provided through the facilities
available on this website.
The section titles contained in this
Terms of Service Agreement (“TOS”) are solely used for convenience and have no
legal or contractual significance.
INTORODUCTION
WELCOME to the PSIber website and the
PSIberWORKS product suite, an
innovative Web-based Human Resources Administration, Payroll Management and
Package Structuring solution! By joining our rapidly expanding user community
you will be able to access your employees personal and payroll related records
from anywhere and at anytime (as long as you have all the necessary equipment
and services required for Internet access).
The PSIberWORKS
Suite consists of:
PSIberTAX - A Package Structuring
Tool;
PSIberPAY - A comprehensive Payroll
Management solution;
PSIberSTAFF - A powerful HR
Administration tool;
PSIberHRM - An integrated suite of
HR Management functions;
PSIberASSESS - A ”DO IT YOURSELF” tax
assessment facility;
PSIberASSIST – A library of useful tax
and HR related documentation, various everyday tax calculators and an Expense
Logging facility.
The website itself also offers you a
wide variety of other useful news items, links and information services.
Listed below are the terms and
conditions applicable when using this website and / or PSIberWORKS, either as individual products /
modules or the suite as a whole. Please read them carefully before you proceed.
BY CLICKING THE “I AGREE” BUTTON
DISPLAYED WHEN LOGGING IN TO THE PSIBERWORKS PRODUCT AND / OR BY COMPLETING THE
REGISTRATION PROCESS, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THE
TERMS AND CONDITIONS CONTAINED IN THIS “TERMS OF SERVICE AGREEMENT” (“TOS”).
USER ID, PASSWORD AND SECURITY
To open a PSIberWORKS
USER ID and PASSWORD, you must complete the on-screen registration procedure
and relevant forms and provide us with current, complete and accurate
information as requested on the Registration Forms. You are solely responsible
for maintaining the confidentiality of your PASSWORD. Furthermore, you are
entirely responsible for any and all activities that occur under your USER ID.
You also agree to notify us immediately of any unauthorized use of your USER ID
or any other breach of security.
PRIVACY
It is our policy to respect the
privacy of all our users. We will therefore not delete, edit, modify,
change or disclose any information about your PSIberWORKS
USER ID, including its contents, without your prior permission unless we have a
good faith belief that such action is necessary to:
(1) conform to legal
requirements or comply with a legal process;
(2) protect and defend our
rights or intellectual property;
(3) enforce any clause of this
Terms of Service Agreement (TOS);
(4) act to protect the
interests of other users and / or our partners.
You hereby agree that we may access
your user details, including its contents, as stated above or to respond to
service, maintenance or any other technical issues as and when required.
INFORMATION STORAGE AND OTHER LIMITATIONS
There is currently no limit to the
amount of space needed by each user ID. A typical company will however require
about 500KB of space per employee per 5 year period. You agree that we are not
responsible or liable for the deletion or failure to store information due to
technical failures outside the control of either ourselves or our partners.
YOUR CONDUCT
You agree to abide by all applicable
local, state, national and international laws and regulations and are solely
responsible for all acts or omissions that occur under your USER ID or
PASSWORD, including the content of your USER ID as used through the facilities
provided by this website and the PSIberWORKS
suite.
By way of example, and not as a
limitation, you agree not to:
-
interfere
in any way whatsoever with or disrupt networks connected to the website and /
or the PSIberWORKS suite or violate
the regulations, policies or procedures of such networks;
-
attempt
to gain unauthorized access to the website and / or PSIberWORKS
product suite, other USER IDs and PASSWORDS, computer systems or networks
connected to the product suite, through PASSWORD mining or any other means;
-
interfere
with another users use of the website and / or PSIberWORKS
product suite.
CHARGES
You
agree to the charges imposed by us for the use of the various products and
services available on this website. These charges are detailed in the FAQ
section of this website. The charges are reviewed annually and adjusted by CPI
or 10% whichever is the higher. We reserve our rights to amend these charges at
our sole discretion, which amendments shall not be unreasonable.
You agree that we will collect
the fees due to us by you via Debit Order, EFT, Cheque or any other legal means
as determined by us from time to time. You accept that we reserve the right to
suspend your usage of the website and / or the services available should you
fail to pay us the fees due to us by you in the time periods as specified by us.
DISCLAIMER OF WARRANTIES
We provide an internet based Payroll,
Human Resource Administration, Package Structuring and Tax Assessment solution,
including supporting documentation and links to content from third parties. We
do not control in any respect any information, products or services offered by
these third parties. The materials available through this website and / or the PSIberWORKS product suite and any third party
are provided “as is” and “as available” and without warranties or conditions of
any kind either express or implied. To the fullest extent permitted by
applicable law, we expressly disclaim all warranties and conditions, express or
implied, including, but not limited to, implied warranties and conditions of
merchantability, merchantable quality, correspondence to description and
fitness for a particular purpose. We do not represent or warrant that the
website and / or the PSIberWORKS
product suite will be uninterrupted or error-free, or that this website or the
server that makes it available, are free of viruses or other harmful
components. We do not warrant or represent that the use or the results of the
use of the products and services available through this website or the products
available from third parties through this website will be correct, accurate,
timely, reliable or otherwise.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no
circumstances, including, but not limited to, negligence, shall we be liable
for any direct, indirect, incidental, special or consequential damages that may
result from the use of or the inability to use the website and / or PSIberWORKS product, any changes to the
website and / or PSIberWORKS
products, any unauthorized access to or alteration of your transmissions or
data, any material or data sent or received or not sent or received, or any
transactions entered into through the PSIberWORKS
products. You specifically agree that we are not responsible or liable for any
threatening, defamatory, offensive or illegal content or conduct of any other
party or any infringement of another's rights, including intellectual property
rights. If you are dissatisfied with the website and / or the PSIberWORKS product, the supporting materials
available on or through the PSIberWORKS
product suite, or with any of theses terms and conditions, your sole and
exclusive remedy is to notify us of such dissatisfaction and / or to
discontinue using the website and / or the PSIberWORKS
suite.
LIMITATION OR EXCLUSION OF
WARRANTIES CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES MAY NOT BE
PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE SOME OR ALL OF SECTIONS
PERTAINING TO DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY MAY NOT
APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify and hold us,
our parents, our subsidiaries, our affiliates, our suppliers, our officers, our
partners and our employees, harmless from any claim, demand, or damage,
asserted by any third party due to or arising out of your use of this website
and / or the PSIberWORKS suite.
TERMINATION
We at our sole discretion, may
terminate your USER ID for violation of the letter or spirit of this Terms of
Service Agreement. In addition, we may terminate your USER ID for inactivity,
which is defined as failing to log into the PSIberWORKS
product for an extended period of time, as determined by ourselves. The amount
of time that we currently view as an “extended” period of time is a first
log-on 45 days after registration of the USER ID and PASSWORD and thereafter,
400 days since your last log-on to the PSIberWORKS
product. Upon termination of the USER ID, your right to use the product suite
immediately ceases. We shall have no obligation to maintain any content held
under your USER ID after termination.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings with Advertisers on this
website or participation in promotions, including the delivery of and the
payment for goods and services, and any other terms, conditions, warranties or
representations associated with such dealings or promotions, are solely between
you and the advertiser or other third party. And we shall not be responsible or
liable for any part of any such dealings or promotions.
PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content,
including but not limited to text, software, sound, photographs, graphics or
other material contained in either sponsor advertisements or email-distributed,
commercially produced information presented to you by us, our advertisers or
other content providers, is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. You may make a copy of this
content for your personal, non-commercial use only, provided that you keep all
copyright and other proprietary notices intact. You may not modify, copy,
reproduce, republish, upload, post, transmit, or distribute in any way content
available through the product suite, including code and software.
MODIFICATIONS TO THIS TERMS OF SERVICE AGREEMENT (TOS)
We reserve the right to change this
Terms of Service Agreement or any of the policies regarding the use of this
website or product suite at any time and to notify you by displaying an updated
version of this Terms Of Service Agreement on this website.
LAWS
This Terms of Service Agreement shall
be governed by and construed in accordance with the laws of South Africa,
excluding their conflict of law provisions. You agree to submit to the
exclusive jurisdiction of the courts located in the county of South Africa.
If any provision(s) of this Terms of Service Agreement is held by a court of
competent jurisdiction to be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the parties with
the other provisions remaining in full force and effect. Our failure to
exercise or enforce any right or provision of this Terms of Service Agreement
shall not constitute a waiver of such right or provision unless acknowledged
and agreed to by us in writing. You agree that any cause of action arising out
of or related to this facility must commence within one (1) year after the
cause of action arose; otherwise, such cause of action is permanently barred.
LIMITATION OF EMPLOYMENT
We will not appoint, employ or in any way whatsoever obtain
or attempt to obtain the services of your own personnel, unless
specifically so agreed to in writing between us. If we fail to honor this
it may be viewed as a breach of this contract.
Likewise, you can not appoint, employ
or in any way whatsoever obtain or attempt to obtain the services of any of our
personnel other than in terms of this “TOS”, unless specifically so agreed to
in writing by ourselves. If you fail to honor this it will, however, not
be viewed as a material breach of this “TOS”, but you will be liable, and you
agree to pay to us, the equivalent of two times the then current placement fee
charged by reputable personnel agencies for the position in which our personnel
member was employed by us, or any lesser fee agreed to by us, such fee
constituting the pre-determined damages sustained by ourselves arising out of
the breach by you.
This clause will remain in force throughout the
duration of this “TOS” and for a period of twelve (12) months after we have
stopped rendering services to you in terms of this “TOS”.
LANGUAGE
It is the express will of the
parties that this agreement and all related documents have been drawn up in
English.
ADDRESS AND CONTACT DETAILS
Our physical address for all legal
notices is:
PSIber House
15 7th Avenue
Edenvale
South Africa
Att: The
Managing Director
Fax: 011
454 1073
Our postal address for all other
correspondence is:
P.O. Box 16473
Dowerglen
1609
South Africa