Terms of Service

Intellectual Property Rights :

You hereby acknowledge that any and all intellectual property rights (including but not limited to all trademark (registered & unregistered, copyright, patent, service marks, etc.) and other proprietary rights in and in relation to the Site and any Contents and Materials including without limitation any derivatives, improvements or modifications which ownership is directly attributable to the Company ("Company IP") shall vest wholly, completely and fully with the Company throughout the territory of the world and You shall have no right or claim to the Company IP in any manner whatsoever. You acknowledge that You will abide by any and all additional copyright notices, information, or restrictions contained in the Website. Copying, downloading, storing or otherwise using the Company IP in any manner not expressly permitted vide these Terms is expressly prohibited unless prior written permission from the Company for such use has been obtained.

The rights granted to You to use the Site under these Terms do not convey any additional rights in the Site, or in any Intellectual Property Rights associated therewith. Mypayroll shall have a fully paid-up, royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit, and/or incorporate into the Site or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You or other third parties acting on Your behalf.

The contents of the Service are only for the purposes that you may be licensed for. It is further specifically stated that this Agreement does not specifically permit You to use the contents of the Service in any manner whatsoever.

Limited License; Permitted Uses:

You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with this Agreement.

Registration :

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information.

• We do not permit any other person using the registered sections under your name; or
• access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
• You are responsible for maintaining the confidentiality of Your User Account access information and passwords. You shall be responsible for all uses of this Website registrations and passwords created by you, whether or not authorized by You. You are not authorized to share your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling Your account. You agree to immediately notify the Company of any unauthorized use of your Account.

Restrictions and Prohibitions on Use :

Your license for access and use of the Service and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You agree that either you or a third party facilitated by you will not:

• copy, print (except for the express limited purpose mentioned in this agreement), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from;
• use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
• create compilations or derivative works of any Content and Materials from the Site; use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties.
• remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site;
• make any portion of the Site available through the Internet or any other technology existing now or developed in the future;
• remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;
• use any automatic or manual process to harvest information from the Site;
• use the Site for the purpose of gathering information for or transmitting unsolicited commercial email; email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; and unsolicited telephone calls or facsimile transmissions;
• use the Site in a manner that violates any state or national law regulating email, facsimile transmissions or telephone solicitations; and
• export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of India, take any action that imposes an unreasonable or disproportionately large load on any of this Website's infrastructure;
• Violate, or attempt to violate the security of the Website or gain un-authorized access to any information regarded as private by other users or persons, including but not limited to, accessing data and information not intended for You, or logging onto a server or account which You are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication;
• allow any person other than the authorized person(s) named in the Service or explicitly notified to the Company, to use the Service.

Linking to the Site

You may provide links to the Site, provided:

• that You do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site,
• Your site does not engage in illegal or pornographic activities, and
• You discontinue providing links to the Site immediately upon request by us.

Payments

The following terms apply for the Services that are accessed on a subscription fee model.

• Unless otherwise expressly stated on an Order Form, You will pay a one-time Sign-Up Fee plus Monthly Subscription Fees for the Service as shown in the Product ordering and subscription form. Prices are based on the Services subscribed by You.
• The first invoice will include the setup fee, the fees for the Services consumed and all applicable taxes. Regular billing is done monthly and invoices are generated on the beginning day of every month. This will include the fees for the Services and all applicable taxes.
• You can subscribe to additional Services at any point of time in a month. For every additional Service subscribed, the next invoice will contain the charges for the Services consumed along with the setup fee for the new service, if any. Billing is done based on the number of current (non-resigned) employees in the database. All generated invoices can be accessed within the Service and may also be emailed to the contact email address provided in your Profile.
• You can unsubscribe any of the Services by providing us thirty (30) days prior written notice. Stopping subscription to a Service will happen from the next month. If You wish to stop accessing the Service, You can send a mail to Us, and the account will be disabled from the next month.
• Irrespective of the date on which You serve the termination (for convenience) notice period or send a mail to Us to unsubscribe the Services, the subscription fees shall be invoiced for the month in its entirety and not on a prorated basis. For example, if you unsubscribe or terminate the subscription in the middle of month i.e., 18th of the month, You will be invoiced for that month and the following month in its entirety and not on a prorated basis. Upon the termination of subscription, the subscription fees paid in advance if any shall not be refunded.
• You need to pay amounts specified in the invoices within 7 calendar days of them being generated. If invoices are not paid past their due date, the Service may be automatically suspended. Resumption of Services will happen after all past dues including dues for the suspended period is paid in full.
• You must pay Us through one of the following:
  

  • A cheque issued on Us

  • A valid credit Card

  • A valid Debit Card

  • A NEFT / Bank Transfer to our Bank Account

  • Or any other payment option that we agree to in writing.

• Your services will automatically be renewed at the end of every subscription period, unless the Services are cancelled or this Agreement is terminated.
• You shall promptly deduct the applicable Tax Deduction at Source ("TDS") on the monthly/quarterly/half- yearly/annual subscription fees payable and remit the invoice value us. We shall not be held liable if there is any failure on your part to provide us with the Form 16A of the preceding financial year (for which you have paid the invoices, as applicable,) on or before 15th May of the subsequent financial year. You shall be responsible for your TDS related compliance as per the provisions of the Income Tax Act and other applicable laws if any.

Content:

You are solely responsible for your content. We are not responsible for the content submitted by you through the Service. Backup your content frequently and regularly. You are responsible for any unrecoverable or lost content. You agree that You shall not upload or permit any third party to, post or transmit to or distribute or otherwise publish through this Service, any materials which restrict or inhibit any other user from using and enjoying this Website, are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, contain a virus or other harmful component, contain any information, software or other material of a commercial nature, contain advertising of any kind, or constitute or contain false or misleading indications of origin or statements of fact; By posting any comments, feedback or any other information (except for Customer Data), on the Service, You automatically grant, represent and warrant that You have granted, to the Company, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information. We have the right but not the obligation to monitor Your use of the Service, and may freely use and disclose such information provided to the Company (excluding Customer Data) to meet our legal obligation or for operating our Service.

Changes :

We may change, suspend or discontinue any aspect of this Service in part or in whole at any time. We may revise the Subscription fees once a year with thirty (30) days prior notification triggered through the Site or email. We reserve the right to modify and to change these terms and conditions at any time. These become effective when we post them on the Services or when We notify You through other means. Continued use of the Service after such postings shall be deemed an acceptance by You to be bound by the terms of the modified Agreement. We reserve the right to moderate/ restrict/ ban the use of our Services and/or access to this Site, specifically to you or generally, in accordance with our policy/ policies from time to time, at our sole discretion and without any notices. We also reserve the right to cancel a user's access rights without prior notice and blocking access to that IP address in case of violation of terms and conditions mentioned herein or anywhere else.

Our other Products and Services

Mypayroll may inform you about Our other Products and / or services. You may be offered other services and/or products by Us. Additional terms and conditions and fees may apply for these. With some Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Us permission to use information about your business and experience to help us to provide the Services to you and to enhance the Services.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Indemnification

By accepting these Terms, You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, representatives and affiliates (collectively, "Affiliated Parties") harmless from and against any liability, loss, claim and expense, arising out of or in connection with:
• your violation or breach of these Terms or any applicable law or regulation;
• Your violation of any rights of any third party;
• Your use or misuse of the Site or Service;
• any and all third-party claims based upon the content of any communications transmitted by You.

Nontransferable

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

Disclaimer

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or guarantee or endorse the accuracy truthfulness, accuracy, or reliability of any information or content other information displayed or distributed through the Website in any manner whatsoever. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in sole discretion, to correct any errors or omissions in any portion of the Website.

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED 'AS IS' AND "AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, THE COMPANY AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

NOTWITHSTANDING ANYTHING CONTAINED ANYWHERE IN THS WEBSITE NOTHING SHALL BE CONSTRUED AS THE COMPANY COMMITMENT OR ASSURANCE TO PROVIDE FOR ANY SERVICES AND/OR PRODUCTS. USERS ARE SUGGESTED TO REVIEW THIS AGREEMENT AND THE DISCLAIMER POLICY BEFORE PERSUING FURTHER. THE COMPANY SHALL NOT BE HELD LIABLE IN ANY MANNER FOR ANY REASON WHATSOEVER INCLUDING THE INFORMATION PROVIDED, QUALITY, TIME LINE SPECIFICATIONS, THE KIND OF SERVICES OFFERED, ETC. FURTHER THE COMPANY WITHOUT NOTICE TO YOU RESERVES THE RIGHT TO WITHDRAW, AMEND, MODIFY, CANCEL ETC., OF ANY OF THE SERVICES RENDERED. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) AND NOT WITHSTANDING ANYTHING CONTAINED ANYWHERE IN THE SITE OR UNDER THE AGREEMENT OR ANY OTHER AGREEMENT ENTERED INTO (EXPRESS OR IMPLIED) OR UNDER ANY OF THE SERVICES OFFERED BY THE COMPANY, SHALL WE NOR OUR PARTNERS OR FRANCHISEES OR LICENSORS OR ASSOCIATES OR REPRESENTATIVES BE LIABLE (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY ACTION FOR NEGLIGENCE) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USAGE OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF, OR COULD HAVE FORESEEN, SUCH DAMAGES IN ANY MANNER, AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL THEIR ESSENTIAL PURPOSE. (b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED Rs. 10 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

Publicity and Marketing Clause

Company shall be entitled to advertise and represent that the Client is a customer of Company and the broad nature of work performed by Company for the Client. Client agrees that Company may use the Client's name and logo on its customer list, presentations and public website. Company's publicity shall not disclose any Confidential Information.

Advertisers

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials. In addition, Mypayroll reserves the right to refuse acceptance of any advertisement it considers inappropriate for whatever reason.

Third Party Content

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

Third Party Products and Services

We may tell you about third party products or services, including via the Service or through Unite marketplace. Mypayroll may offer products and services on behalf of third parties who are not affiliated with Us ("Third Party Products"). If you decide to use any Third Party Products, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. We are not affiliated with these Third Party Products and do not endorse or recommend Third Party Products even if such products are marketed or distributed via our products or website or Unite marketplace. You agree that the third parties, and not Mypayroll, are solely responsible for their Product's performance (including technical support), the content on their websites and their use or disclosure of your data. Mypayroll will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites. You agree that you will
• comply with all applicable laws, regulation and ordinances;
• not use the Third Party Products in any manner that would infringe or violate the rights of Mypayroll or any other party; and
• not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.

Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Links to other Web Sites

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You agree to the applicable Privacy Policy. You must review this Privacy Policy by clicking on the link provided in the site. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to support@stutitechnologiescom. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

Termination

We may, in our sole discretion and without notice terminate this Agreement or suspend the Services if You fail to comply with this Agreement. Upon termination you must immediately stop using the Services and clear all outstanding dues. Any termination of this Agreement shall not affect our rights to any payments due. We may terminate a free account at any time.

Information and Press Releases

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

Additional Terms

We do not provide professional advice. Unless specifically included with the Services, Mypayroll is not in the business of providing legal, accounting or other professional services or advice. Please consult a competent professional when you need this type of advice or help.

Severability

Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our rights under this Agreement shall survive any termination of this Agreement.

Assignment

You may not, directly or indirectly, by operation of law or otherwise, assign all or any part of these Terms or Your rights under these Terms or delegate performance of Your duties under these Terms without Our prior consent. We may, without Your consent, assign Our agreement with You to any member of the Mypayroll Group or in connection with any merger or change of control of the Mypayroll Group or the sale of all or substantially all of Our assets provided that any such successor agrees to fulfill its obligations pursuant to these Terms. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.

Governing Law

This Agreement shall be treated as though it were executed and performed in Bangalore, India and shall be governed by and construed in accordance with the laws of the Union of India. You hereby expressly agree to submit to the exclusive jurisdiction of the courts in Bangalore, India, for the purpose of resolving any dispute relating to this Agreement or access to or use of the Service by You.

Complaints

If we receive a complaint from any person with respect to your activities as part of use of the Services (other than where the grievance redressal mechanism provided under the head "Grievance Redressal" applies), we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Mypayroll in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant to enable further course of action as may be necessary. You understand that your failure to respond to the forwarded complaint within the 10 days' time limit will be construed as your consent to disclosure of your name and contact information by Mypayroll to the complainant.

Inactive User Accounts Policy

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We may provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Notice

All notices to be provided by Mypayroll to You under this Agreement may be delivered in writing
• by Courier, mail to the contact mailing address provided by You on any Form; or
• electronic mail to the electronic mail address provided You. You must give notice to Mypayroll in writing by Courier or Mail to the registered address available on the Contact Us section of our website www.mypayroll.in.
• All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.

Miscellaneous

We may need to send you communications about the Service. You agree that we may send you these communications by email or by posting them on the Service. All actions shall be subject to the limitations set forth in this agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.