peopleHum - Terms of Service

Welcome to the Human Resources Management Service offered by peopleHum Technologies Inc., a Delaware corporation and will include its subsidiary companies (“peopleHum”, “we,” “our” or “us”). For the purpose of these Terms of Services (“Terms”), wherever the context so requires, “Customer”, “you” or “User” shall mean any natural or legal person using the Services through any computer systems or mobile based applications. “peopleHum” and “Customer” shall individually be referred to as a “Party” and together as “Parties”.

In consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, and intending to be legally bound, the Parties agree as follows:

1. Acceptance of terms

2. Free Trial, Subscription and Onboarding

3. Users

4. User Content

5. User Restrictions

6. Ownership

7. Disclaimer of Liability

8. Fees

9. Disclaimer of Warranties

10. Limitation of Liability

11. Indemnity

12. Term and Termination

13. Governing Law

14. Dispute Resolution

15. Miscellaneous

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In addition to the aforementioned Terms, any Customer that utilises Payroll Services further agrees and acknowledges the following additional terms will be legally binding:

1. Payroll Services. These payroll terms of service (“Payroll Terms”) govern the Customer’s access and use of the peopleHum Payroll Services available on peopleHum platform (“Payroll Website Services”) via the Customer Account and professional payroll services, if requested, (“Payroll Professional Services”) as may be mentioned in the applicable Proposal. For the purposes hereof, Payroll Website Services and Payroll Professional Services (if opted for) shall collectively be referred to as “Payroll Services”. In cases where the Customer has opted for Payroll Services the term “Services” for all purposes shall be deemed to include Payroll Services.

2. Payroll Obligations. A Customer opting for Payroll Services agrees to: (i) provide any information as may be required in order to perform the Payroll Services; (ii) comply with the payment terms agreed upon by the Parties; (iii) ensure input of the required information into the proper fields within Customer Account; (iv) not use the Payroll Services for any unlawful, defamatory, obscene, or threatening purpose; (v) not upload any information into the platform that the Customer is not authorised to possess and/or use for the particular purpose of processing payroll and (vi) procure required consent for collection and use of User Data in accordance with applicable data privacy law.

3. Electronic Communication. Customer agrees to the following for use and access of Payroll Services, Customer will provide peopleHum an email address where peopleHum can deliver electronic communications relating to the Payroll Services and accept as binding any electronic communication from peopleHum at such email address. Customer shall input, communicate, maintain, and verify the accuracy of any and all payroll information in the Customer Account and the Customer shall continually ensure that such information is kept complete, accurate, and up to date at all times. Customer acknowledges that peopleHum relies on the accuracy of the information provided by the Customer as it performs its requested functions. 

4. User Records. It is the Customer’s responsibility to substantiate and authorize all time and attendance records used in order to process payroll for its User’s (“User Records”). peopleHum will not audit, examine or review these time and attendance records. If any amount in such records appears unusual or out of the ordinary peopleHum is not obligated to bring it to the Customer’s attention. Customer agrees that peopleHum has no responsibility to discover any errors, irregularities, or fraud in the Customer’s records. peopleHum will not be responsible for determining if a User is an employee or an independent contractor of the Customer. Further, peopleHum will not be responsible for determining if any of the Users perform work in a state other than the state in which the Customer has its principal place of business.

5. Retention of copies. Customer shall be solely responsible for retaining copies of all information entered into or generated by Payroll Services and shall be solely responsible for maintaining such data, and all tax records, in accordance with any applicable legal obligations.

6. PeopleHum Policies. Customers will only use the Payroll Services in accordance with the policies and procedures communicated by peopleHum from time to time.

7. Disclaimer of Liability. Neither peopleHum nor its affiliates, officers, agents, employees, representatives, suppliers, licensors, and assigns will be liable for any loss that results directly or indirectly from the failure of the Customer to fulfill any its payroll obligations from any cause over which peopleHum does not have control. Such causes include, but are not limited to: (i) the failure of electronic or mechanical equipment or communication lines; (ii) any interconnection problems; (iii) bugs, errors, configuration problems, or the incompatibility of computer hardware or software; (iv) the failure or unavailability of internet access; (v) problems with internet service providers or other equipment or services relating to your computer or network; (vi) problems with the intermediate computer or communications networks or facilities; (vii) problems with data transmission facilities or your telephone, cable, or wireless service; and (viii) unauthorized access, theft, hackers, operator errors. Any service level commitments for the Services will not be applicable to Payroll Services.

In addition to the limitations outlined in the Terms, neither peopleHum nor its affiliates, officers, agents, employees, representatives, suppliers, licensors, and assigns will be liable under any circumstances or under any theory of recovery (whether in contract or tort or otherwise) for (i) any fees, costs, charges, or any damages caused by any processing, transmission of payments or any form of disbursement including, but not limited to, stop payment fees or retransmission costs, or consequential expenses and damage; (ii) any claims for losses or damages that may result from the use, inconvenience, delay of the Payroll Service, or for omission or inaccuracies in the Payroll Service; (iii) any charges, fees, or expenses incurred by you, your agents, or employees due to late payroll payments or default in any form of payroll or legal obligations, regardless of whether such payments are to be prepared by peopleHum or by you; and (iv) non‐performance of Payroll Services which have been suspended due to failure or delay in payment of the Fees owed by you.

8. No Legal and/or Tax Advice. Customer acknowledges that peopleHum does not give any form of legal or tax advice and that your use of the Payroll Service does not constitute, and is not a substitute for obtaining tax or legal advice. It is the Customer’s responsibility to comply with all updated and applicable laws, rules and regulations. Customer understands that the information provided by peopleHum does not apply to your specific circumstances or take into account your comprehensive tax or payroll planning situation and is information provided to all customers in generality and peopleHum is under no obligation to inform you of your tax and legal obligation. For any form of tax and legal assistance, the Customer undertakes to consult their own tax or legal advisor. Further, it shall be the sole responsibility of the Customer to ensure that the processing of the Customer’s payroll by the use of Payroll Services is in accordance with the applicable laws and regulations including applicable state tax and labour laws.

9. Termination of Payroll Services. The Customer shall have the right to terminate the use of Payroll Services provided by peopleHum without requiring to terminate other Services provided by peopleHum. In such a case the Customer will be required to enter into a revised Agreement.

10. Governing law and venue for Payroll Services. Notwithstanding anything to the contrary, for any disputes arising out of the Customer’s use of Payroll Services, the Parties shall endeavour to settle such disputes amicably. However, in the event an amicable resolution is not reached, any dispute arising in relation to this Agreement shall be finally determined by arbitration of a sole arbitrator jointly appointed by both Parties. The arbitration shall be in accordance with the (Indian) Arbitration and Conciliation Act, 1996. The seat and venue of the arbitration shall be Bangalore, India and the language of the arbitration shall be English. The arbitration award shall be final and binding on the Parties. All disputes pertaining to court will remain in the jurisdiction of Bangalore, India.

11. Data Migration. During the Term of Payroll Services, the Customer shall have access to the available data in peopleHum’s format for download. If the Customer requires data in a different format, the creation of the different format will carry additional charges that shall be provided by peopleHum upon the Customer’s request.

Last change on 11th April, 2024

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