PEOPLEPLUS TERMS OF USE

AGREEMENT BETWEEN USER AND PEOPLEPLUS (a Talenger Holdings (Pty) Limited solution)

Peopleplus (A Talenger Holdings (Pty) Limited Solution) provides you the subscriber with a 14 (fourteen) day free trial period upon registration. After expiry of the 14 (fourteen) day trial you have the option to become a monthly subscriber to utilize the HR and Payroll software functionality subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using our software solution, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.
Acceptance of the "TOS" is absolute and applies to you as an account owner regardless of the whether you are utilizing the free 14-day trial and/or monthly subscription service contained within your account. You, as the account owner, are solely responsible for your account and for adherence to these Terms of Service.
If you are signing up for the Service on behalf of an entity, then you represent that you are duly authorized to represent the entity and accept the Terms of Service on behalf of such entity, and any references to "you" in this Agreement refer to such entity and all of its employees, consultants and agents.

  1. ACCOUNT TERMS
    1. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
    2. Your login may only be used by one person. A single login is provided in the free trial version of the software and sharing by multiple people is not permitted.
    3. You are responsible for all activity that occurs under your account.
    4. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws including but not limited to copyright laws.


  2. BILLING
    Payments relating to use of the software, payroll outsourcing, consulting services and telephonic support are calculated on a monthly basis and are payable by way of a direct debit from your account which will be debited from your account within 7 (seven) working days of commencement of the new month. You understand and agree that you, as the Peopleplus account holder, are ultimately responsible for payment of your account.
    1. If you register for the 14 (fourteen) day free trial, you will not be invoiced and your account will not be debited.
    2. If you activate the software for continuous use after the 14 (fourteen) day trial period as set out under "My Services" then your account will be debited by the amount as set out in the Total Subscription Cost which appears as the last line item at the bottom of the "My Services page".
    3. If your payroll is outsourced to Peopleplus then the outsourcing price for the month will also reflect as part of the fee due by you and as shown as the last line item at the bottom of the "My Services page".
    4. Should you require any consulting and or telephonic support services then the cost will be displayed under the consulting fees due by you under the consulting tab.
    5. All fees due by you which includes software activation, consulting and/or payroll outsourcing services and telephonic support will be consolidated under your monthly invoice which is made available to you on the first day of the new month and can be viewed and printed by clicking on the invoice tab.
    6. By accepting these "TOS" you agree that all withdrawals from your account shall be treated as though the account holder has approved them. Accounts that are not honoured due to insufficient funds will be de-activated and will only be re-activated on payment of the outstanding amount as well as a re-activation fee of R175.00 per occurrence.
    7. Activation of the software during the month, regardless of the date of activation will be invoiced as if the software had been activated for the whole month.
    8. All fees are exclusive of all Value Added Tax (VAT).
    9. De-activating the software may cause the loss of content, features, or capacity of your Account. Peopleplus does not accept any liability for such a loss.
    10. Your monthly account statement can be printed by clicking on the "statement button" at the bottom of the page on the "My Services screen.
    11. Where a clients Debit Order fails for whatever reason then the client’s system will be automatically deactivated. The client will be required to pay an activation fee and bounced Debit Order fee in addition to the failed Debit Order amount prior to the system being activated. Clients whose Debit Order fails on two separate occasions will be deactivated and Peopleplus will no longer provide access to the software. Should the client require any information or data from the deactivated software then this will be charged on a time and material basis. Payment to be made upfront.

      Rates Table
      System Telephonic Support R55.00 (per support call up to a maximum of 10 minutes. Support calls more than 10 minutes will be invoiced at R45.00 for each additional 10 minutes)
      HR/Payroll Consulting R 1050.00 per hour (includes off site system configuration)
      Travel Time R 200.00 per hour or part thereof
      Travel (per km) R 5.95


  3. CANCELLATION AND TERMINATION
    1. You are solely responsible for properly de-activating the software from your account. A phone request to cancel your account is not considered cancellation. You can cancel your account at any time by de-activating the software using the "My Services" tool from within the software.
    2. Any software de-activation prior to the month end will be debited for at the full monthly fee. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
    3. Peopleplus, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Peopleplus service, for any reason at any time. Such termination of the Service will result in the de-activation or deletion of your Account or your access to your Account. Peopleplus reserves the right to refuse service to anyone for any reason at any time.
    4. If, at any time, the billing obligations of any Peopleplus service are not met, Peopleplus will have the right to disable your activation in its entirety.


  4. MODIFICATIONS TO THE SERVICE AND PRICES
    1. Peopleplus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any modules and/or functionality by providing you with 30 (thirty) days notice. Notices will be posted under "News Articles" on the Peopleplus web page www.peopleplus.co.za.
    2. The listed software price will be increased by "CPI" plus 3 (three) percentiles on the 01 March of each year for all subscribers regardless of the date of activation prior to the increase date.
    3. Peopleplus shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.


  5. MEMBER ACCOUNT AND PASSWORD SECURITY
    You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Peopleplus of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Peopleplus cannot and will not be liable for any loss or damage arising from your failure to comply with this section.


  6. USE OF INFORMATION
    You understand that we use non-identifying and aggregate information to better design our services and to share with channel partners. For example, we may advise a channel partner that X number of individuals used certain area of our website, or that we support X number of companies with over Y to Z numbers of employees. Peopleplus will not disclose any information that could be used to identify those companies or individuals. We use this non-identifying and aggregate information to analyze the effectiveness of our system, to improve our services, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics concerning users of our software and may share non-identifying and aggregate information with third parties.


  7. LIMITATION OF LIABILITY
    Under no circumstances will Peopleplus be liable for loss of profits or for incidental, special, consequential, business interruption, punitive damages or any other commercial damages or losses arising out of or in connection with the software or the delivery, installation, implementation, modification, servicing, execution, performance or use of the software in combination with any other computer software, or arising out of or in connection with the provision of other support services by Peopleplus to the Subscriber.


  8. INDEMNIFICATION
    You agree to indemnify and hold the Service Provider, its subsidiaries, affiliates, suppliers, officers, and employees harmless from any claim due to or arising out of your use of the software and/or supporting services.


  9. PROPRIETARY RIGHTS TO CONTENT
    You acknowledge that content, including but not limited to, text, software, training materials (text and video) , photographs, graphics, Advertisers or other content providers, or any other material contained in either Peopleplus website and/or Peopleplus HR and Payroll 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.


  10. GOVERNING LAW
    This Agreement will be governed, construed, and take effect in all respects in accordance with the laws of the Republic of South Africa- Gauteng
    1. GENERAL CONDITIONS
      1. Your use of the Service is at your sole risk. The service is provided on an 'as is' and 'as available' basis.
      2. Software support is provided at the rates set out above and applies to both telephonic and/or email support to clients.
      3. You understand that Peopleplus uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
      4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with Peopleplus, or any other Peopleplus service.
      5. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Peopleplus.
      6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Peopleplus employee, member, or officer will result in immediate account termination.
      7. You understand that the technical processing and transmission of the Service may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
      8. Peopleplus does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
      9. You expressly understand and agree that Peopleplus shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.
      10. The failure of Peopleplus to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Peopleplus and governs your use of the Service, superseding any prior agreements between you and Peopleplus. (Including, but not limited to, any prior versions of the Terms of Service).
      11. Questions about the Terms of Service should be sent to [email protected].