Effective: October 01, 2020

Introduction

By accessing and using PayrollPro.PH online app, mobile app, functions, including https://payrollpro.ph/ ("Website") and other services of Analytics and Data Integrity, Inc. (“Company”), you agree, without restriction, to be bound by the terms and conditions contained in this Terms of Service Agreement (“Agreement”). Please read the Agreement carefully. If you do not agree with the Agreement, you should not access, use, or download materials from the Company’s Website and Services.

The Company reserves its right to update or modify this Agreement at any time and without prior notice. Your use of the Website and Services following any change constitutes your agreement to follow and be bound by the Agreement as revised. For this reason, the Company encourages you to review the Agreement each time you access the Website and use the Services.

Use of the Company’s Website and Services

You must strictly follow and comply with the Agreement and other policies that the Company may have given you in relation to your access with the Website and use of the Services.

You may only use the Company’s Website and Services when permitted by the Company’s policies.

The Company has the sole discretion to suspend or terminate the Services being provided to you, if you do not comply with the Agreement and the Company’s policies, or if the Company is investigating suspected misconduct in the usage of its Services.

Cookies

The Website and Services use “cookies” to improve its features and provide its visitors and users with a tailored experience. Cookies are small data files that track, save, and store information when you visit the Website and use the Services. The Website and Services may use “session ID cookies” to enable certain features, to monitor your aggregate usage and web traffic routing, and for the Company to better understand how you interact with Website and Services. The Website and Services may also use “persistent cookies” to save your registration ID and log-in password that eliminate any need for you to remember and enter them more than once during a visit or for future log-in purposes.

If you wish to deny the use and saving of cookies from the Website and Services in your computers, you should take the necessary steps in the security settings of your web browser to block all cookies from the Website and Services or to prompt you before accepting cookies. If you do not accept cookies, however, you may not be able to use all aspects of the Website and Services.

Ownership, Copyright and Trademarks

The content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called "Content". Content provided by Users, whether they are Subscribers, employee (user), is called "User Content". User Content of the Subscriber and its employee, in relation to these services (such as timekeeping, payroll, reports, HR services) are subscriber’s property. PayrollPro.PH’ only right to that User Content is limited as granted under these Terms of Agreement.

Other than the User Content, the Services, all Content and all software available on the Services or used to create and operate the Services is the property of Analytics and Data Integrity, Inc. or its licensors. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PayrollPro.PH.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Though we do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future.

Privacy and Information Protection

The Company will take appropriate measures to protect your privacy as you use the Website and Services. The Company’s Privacy Policy sets forth its approach with respect to the Information that are collected from the visitors of the Website and users of the Services. By using the Website and Services, you also agree to be legally bound by the Company’s Privacy Policy.

Personal Information Processing Consent

By using our Website, our Products and Services, you agree and consent that the Company may collect, use, retain, disclose and process personal information set out in the enrollment form and/or otherwise provided by you, your company or possessed by the Company for one or more of the purposes stated below:

1. To provide and improve the Company’s products and services;

2. To facilitate transactions;

3. To avail of third-party products and services;

4. To communicate about relevant products, ads and/or advisories through whichever means are available to the Company;

5. To provide a better customer experience to Company’s clients and improve, develop, identify and release updates and new products and services;

6. To follow safety, security, public service or legal requirements and processes; and

7. To process information for statistical, analytical, and research purposes.

8. To identify and prevent errors and inefficiencies due to misuse of the platform.

You agree that you are responsible for obtaining direct consent from your employees and referrals before using our Website and Services.

Your personal information may be disclosed by the Company to its third party service providers for one or more of the purposes stated above, as such third party service providers, if engaged by the Company, will be processing your personal information on behalf of the Company.

You also have the right to request for your personal information to be corrected or removed should you find that your information is incorrect, incomplete or irrelevant.

Opt-Out or Correction of Data

You have the right to opt out of receiving product announcements. Kindly click the unsubscribe button on the email, notify the Company through SMS, or send a message to the email address below to exercise your right to opt out. Please note that if you do not exercise your right to opt out of receiving such product announcements or other marketing messages, you will be deemed to have consented; therefore, we will continue to send product announcements to you.

Your PayrollPro.PH Account

Some of the functions of the Website and Services may require the creation of an account with the Company. As part of the registration process, you will select a Username and Password, and provide Information, which must be accurate and updated. You may not select or use a Username of another person with the intent of impersonating him or use a Username of which another person has rights without such person’s authorization.

You agree to take reasonable measures to protect the security of the Password that you use to access the Website and Services and agree not to disclose the same to third parties. You are responsible for any activity in your account, whether or not you authorized the same. You shall immediately notify the Company of any known or suspected unauthorized use of your account, or any known suspected breach of security, including loss, theft, or unauthorized disclosure of your password or any other relevant registration details provided.

Failure to comply with the above shall constitute a breach of this Agreement, which may result in the immediate termination of your account.

Content You Provide

The Website and Services provide features that allow you to upload, store, and share your Files with certain individuals within your organization. You are responsible for maintaining and protecting all of your Files. You acknowledge your responsibility to provide accurate information including personal and sensitive personal information of your employees and referrals. The Company will not be liable for any loss or corruption of your Files, for any costs or expenses associated with backing-up or restoring any of them, or for any incorrect information that you provide to our Website. You acknowledge that it is your responsibility to use a secured encrypted connection to communicate with the Website and Services when transmitting your Files to the Company. You shall immediately notify the Company of any unauthorized use of your account, or any known suspected breach of security.

You can find more information on how the Company uses and stores its Files in its Privacy Policy.

Website and Service Modification

The Company is constantly changing and improving its Website and Services. As a result, it may be necessary that the Company add or remove certain functionalities or features in the Website and Services.

The Company acknowledges that you are the owner of the Information and Files that you input and transmit using the Website and Services. Moreover, the Company acknowledges the importance of preserving and accessing those Information and Files. Hence, if the Company discontinues a service, it will, whenever practically possible, send an advance notice and give you a reasonable opportunity to get all your Information and Files out of that service.

Integration with Other Sites

This Agreement applies only to PayrollPro.PH Website and Services. PayrollPro.PH may frame, contain reference, access links, or APIs, with other websites like Facebook, Google, Microsoft, Apple, other HR platforms which have their own Terms of Services and Privacy Policy. These integrations and/or access links are continuously developing to provide convenience, accessibility, smoother UI/UX, and better system performance. PayrollPro.PH do not imply any review or endorsement of the material on these websites or any association with their operators. The Company cannot and does not guarantee or verify the contents of said websites, which may contain information that is inaccurate, incomplete, or outdated. Your access and use of such websites (and the websites to which they are linked to) is solely at your own risk. The Company cannot be held liable for any damages or implications caused by visiting any external links mentioned.

Social Media Features

The Website and Services uses Social Media Features and widgets (e.g. “Facebook Messenger, Like Button, Share Button”), and other interactive mini-programs and special sharing buttons, which may help share web content directly from web pages to some social media platform. These features may collect your Internet Protocol address and the website pages you are visiting. These features may also set a cookie to enable them to function properly. Your interactions with these features are governed by the privacy policy and other policies of the third party providing them. You are advised that the usage of these features is solely at your own discretion and at your own risk. The Company cannot be held liable for any damages or implications caused by using these features.

Public Information

The Website may provide opportunities for you to post questions and information, or provide feedback and comments regarding the Company’s products and services.

Although the Company may, from time to time, monitor or review the information posted in the Website, the Company is under no obligation to do so, and assumes no responsibility or liability arising from the content of the Website in general or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in the same.

You are also prohibited from posting or transmitting any unlawful, libelous, defamatory, threatening, obscene, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. The Company will fully cooperate with any law enforcement authorities or comply with any court order requesting or directing the Company to disclose the identity of anyone posting such material.

Warranties

The Content, Add-ons and Services are provided to you on an "as is" basis without warranties from PayrollPro.PH of any kind, either express or implied. The Company does not make warranties of any kind regarding the Website and their contents. There may be delays, omissions, or inaccuracies in the Website and Services and their contents. The Company does not warrant the accuracy, completeness, timeliness, title, or fitness of a particular purpose of the Website and Services and their contents, and the Company hereby disclaims any such express or implied warranties. The Company does not also represent or warrant that the Website and Services are free from viruses, malware, or other codes that have contaminating or destroying properties.

Providing a Reliable and Secure Service

If you have spent any time reviewing the Services, you will hopefully have noticed that we take reliability and security seriously. We put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be "best-of-class" hosting services and security technologies and services that we believe provide you with a secure and safe environment.

However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use PayrollPro.PH, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. In particular, Subscribers who enable auto-billing and choose to store their credit card information accept these risks to the security of that credit card information. When storing credit card information using the PayrollPro.PH recurring billing module Subscribers acknowledge that they are aware of, and accept as satisfactory, PayrollPro.PH's credit card protection procedures. Ultimately, credit card data is provided by Subscribers, and they are responsible for its protection.

PayrollPro.PH provides technological to facilitate the use of our services. If any third party is authorized through your PayrollPro.PH account ( either by you or your Company) to have access to your User Content through our platform, we cannot control and are not responsible or liable for the third party’s use of your User Content.

Advertisements and Promotions

PayrollPro.PH may run advertisements and promotions for third parties’ services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than PayrollPro.PH, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. PayrollPro.PH is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.

Limitation of Liability

The use of the Website and Services is at your sole risk. Under no circumstance shall the Company or any of its directors, officers, employees, or agents be held liable for any direct or indirect losses or damages arising out of, or in connection with, your use of or inability to use the functionalities of our Website and Services.

Moreover, the Company shall not be responsible for your non-compliance with the labor code, rules and regulations relating to employment, and other pertinent laws, rules and regulations of the Philippines that you are required to comply with.

This Limitation of Liability applies to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, consequential, exemplary, incidental or otherwise, including, but not limited to, loss of profits, revenues, information, files, documents, or data. This Limitation of Liability applies whether the alleged liability is based on contract, negligence, tort, or any other basis and even if an authorized representative of the Company has been advised of or should have known the possibility of such damages. If any part of this Limitation of Liability is found to be invalid or unenforceable for any reason, the aggregate liability of the Company under such circumstances shall not exceed the amount you paid to the Company to use the Services.

Subscriber’s Inactive Accounts; Termination of Agreement

If your account is inactive for at least three months, we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at info@payrollpro.ph . If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.

Your PayrollPro.PH access maybe terminated services including your agreement to these Terms at any time. If you terminate your use of the Services you must pay the fees applicable for the balance up to current billing period, including for any Add-ons you may be using. When your PayrollPro.PH account is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to public areas of the Site such as the blog, forum, or product reviews, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination.

About the Agreement

This Agreement constitutes the entire agreement between you and the Company with respect to your access to and/or use of the Website and Services. Please note, however, that this Agreement is not intended to replace or modify those contained in your written agreement with the Company, if any. In case of an inconsistency, the terms and conditions of your written agreement will prevail over those contained herein.

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

The failure by the Company to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. All rights not expressly granted herein are hereby reserved.

Inquiries

If you have any questions about this Agreement, please feel free to contact:

Analytics and Data Integrity, Inc.

info@adiconsulting.ph