SimpleX Payroll, Inc.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “Customer”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to SimpleX Payroll, Inc. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing U.S. Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
RIGHT OF USE AND RESTRICTIONS.
- Right to Access and Use Services. Subject to the terms of this Agreement, SimpleX Payroll, Inc. grants Customer a nonexclusive, nontransferable, limited term right to use the Services for the time paid for by the Customer, for up to the number of Users paid for, solely for Customer’s internal business use during the Term. Unless otherwise specified by SimpleX Payroll, Inc., no Software will be delivered to the Customer as part of the Services.
- Right to use Software. Subject to the terms of this Agreement, SimpleX Payroll, Inc. grants Customer a royalty-free, nonexclusive, nontransferable, limited term license to use Software on equipment owned or operated by or on behalf of Customer, as needed to deliver the Licensed Products, Services or functionality. If Customer enters into a contract in which a third party manages Customer’s information technology resources (“Managing Party”), Customer may transfer all its rights to use the Software to such Managing Party, provided that (a) the Managing Party only uses the Services for Customer’s internal operations; (b) the Managing Party agrees to comply with this Agreement, and (c) Customer provides SimpleX Payroll, Inc. with written notice that a Managing Party will be using the Software on Customer’s behalf.
- Updates and Upgrades. Customer must be current in the payment of and have an active subscription to the Services, as applicable, to receive Updates or Upgrades.
- Subsidiary Liability. Customer’s Subsidiaries may use the Services but Company remains directly and fully liable for each subsidiary’s compliance with and breach of this Agreement.
- Restrictions. Customer may not access the Software or Services if Customer is a direct competitor of SimpleX Payroll, Inc., or for monitoring the availability, security, performance, functionality, or for any other benchmarking or competitive purposes without SimpleX Payroll, Inc. express written permission. Customer will not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make the Software or Services available to any third party; (ii) use systems as an Open Proxy or Open Relay; (iii) modify, decompile, reverse engineer, or copy the Software or Services, or any of its components; (iv) use the Software or Services to conduct fraudulent activities; (v) attempt to gain unauthorized access to the Software or Services, engage in any denial of service attacks, or otherwise cause immediate, material or ongoing harm to SimpleX Payroll, Inc., its provision of the Software or Services, or others; (vi) average over 10MB of email traffic per second per user in a 24 hour period on SimpleX Payroll, Inc. infrastructure providing the Services, unless Customer has agreed to bandwidth overage charge rates as set forth in a Grant Letter; (vii) impersonate or misrepresent an affiliation with a person or entity; (viii) use the Software or Services to initiate or propagate Malware; (ix) use the Software or Services for any purpose that violates applicable law or regulation, infringes on the rights of any person or entity, or violates this Agreement; (each of (i) to (ix), a “Prohibited Use”). All rights not expressly granted to Customer are reserved by SimpleX Payroll, Inc. and its licensors.
- Right to Use Customer Data. Customer hereby grants SimpleX Payroll, Inc. a limited, non-exclusive, royalty-free, license to access and use the Customer Data solely as necessary for SimpleX Payroll, Inc. to (i) provide the Software, Services and technical support to Customer during the Term; and (ii) for aggregation purposes as set forth below.
We are committed to protecting your privacy. Authorized employees within the company or partner companies on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Congress has created specific offences for unauthorized actions against computer systems and data.
Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party unless deemed necessary to appropriately service our customers. We do reserve the right to use statistics and names of companies using our services in our marketing materials. Also if legally required to do so information may be given to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the provision that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, hand-outs or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. This Company acknowledges that the taxes are always changing and we will diligently work to keep our software as current and up to date as possible. Our Clients will take the final responsibility to ensure that they do not fall under special regulations and taxes due to their jurisdiction or business type. It is therefore recommended that our clients have a certified accountant that is familiar with their business and jurisdiction review the taxes prior to submission to the governing agencies. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
All major Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable methods of payment. Our Terms are payment in full upon receipt. All services remain the property of the Company until paid for in full. Monies that remain outstanding after 15 days of the due date will incur late payment fee of $50 on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court. Should payment not be made within 15 days a hold will be placed on the account and not removed until the payment has been made in full including any additional fees. In such circumstances, you shall be liable for any and all additional administrative and/or court costs as set forth in this agreement.
Returned payments will incur a $75 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future Debit transactions only. Consequently, all services and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Minimum 24 hours’ notice of cancellation required. Notification for instance, in person, via email, phone and/or fax, will be accepted subject to confirmation in writing. We will reimburse only the previous months’ payment should cancellation be requested within the first 30 days of service.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway except as provided for in this agreement concerning the first 30 days of service.
Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time. Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright & Intellectual Property Notice
Copyrights, Patents, Trademarks, Trade Dress and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website & processes. By using our services and our website you agree to not attempt to duplicate any aspect of our service. Should it be discovered that you are doing this, This company will attempt to prosecute and seek restitution for any damages and loss of business.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the United States and the State of Texas govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the U.S. courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Should a dispute arise with concerning the services rendered by SimpleX Payroll, Inc. the parties agree to have binding arbitration to resolve any disputes that is to be heard by a reasonably agreed upon arbitrator who is registered with American Arbitration Association or a similarly recognized organization. All fees concerning litigation shall be split by both parties and any attorney fees will be paid by the person or entity being represented.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© SimpleX Payroll, Inc., 2014 All Rights Reserved