HRSimplified is an online Product, also referred to as a SaaS (Software as a service) that is owned by DataSimplified PTY (Ltd) . DataSimplified is the legal entity and registered company (In the borders of South Africa) with the Company Registration number of 2016/476148/07. DataSimplified PTY )Ltd) is a VAT registered company with SARS.
HRSimplified is an Online hosted HR Solution and is open to use to registered and paid for subscribed users.
YOUR USE OF THE PROPRIETARY HRSimplified SERVICE OFFERED AT HRSIMPLIFIED.ORG (THE “SERVICE”), IS SUBJECT TO THESE TERMS OF SERVICE. IN ORDER TO USE THE SERVICE, YOU MUST AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“AGREEMENT”) WITH DATASIMPLIFIED PTY LTD (Operating as HRSimplified) (COLLECTIVELY, “HRSimplified,” “WE”, “US”, AND “OUR”). IF YOU DO NOT AGREE TO ALL TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICE.
The HRSimplified Privacy Notice (available here) is included herein by reference. This Agreement governs your use of the Service however accessed, including via an internet browser, smartphone, tablet, or other internet connected device.
By signing up for the Service on behalf of a client of HRSimplified, you confirm that (a) you are duly authorized to represent the legal entity under which the client operates and any affiliates of the client who will be using the Service under the client, (b) you accept the terms of this Agreement on behalf of such legal entity and affiliates, and (c) any references to “you” in this Agreement refer to such legal entity, affiliates and all of the employees, consultants and agents of those respective parties. You are responsible for all activity on the Service that occurs under your account.
1.1 The HRSimplified® Service may include additional services that you subscribe to receive directly from or through HRSimplified (“Additional Services”). Some of these Additional Services have specific additional terms that apply to your use of those Additional Services (the “Additional Terms”), and those Additional Terms become part of this Agreement. In the event an Additional Term directly conflicts with any term in this Agreement, the Additional Term will apply to your use of the Additional Services instead of the term contained in this Agreement. For the avoidance of doubt, any reference to the Service in this Agreement will include the Additional Services.
Term and Termination
2.1 Term. This Agreement will remain in effect (a) for as long as you have an active subscription for the Service or (b) if you elect to use the Service for a free trial period, and do not purchase a subscription before the end of such period, until the end of the free trial period (the “Term”).
2.2 Start Date and Renewal. Subscriptions purchased by you commence on the start date specified when you complete the initial payment process and continue for the subscription term selected at the time of payment. If you add an additional subscription for a new HRSimplified® service or module later, the new service will commence on the start date specified at the time you added the new service and continue for the subscription term selected at that time. Subscriptions do not automatically renew, as described in Section 5.1. If you would like a separate instance of the Service for an affiliate, that affiliate must purchase its own subscription to the Service and separately accept these Terms of Service.
2.3 Cancellation. You are solely responsible for the proper cancellation of your subscription. Since HRSimplified is a month-to-month service that is renewable every 30 days, if you want to cancel can simply not renew your subscription. The data on your account will be stored for 5 (five) years before being discarded. There is a option for a annual subscription that is paid for upfront, if this account needs to be cancelled than please email Support@hrsimplified.org to request them to close the account. No refunds of payments will be made.
2.4 Suspension and Termination of Service. HRSimplified may suspend your access to the Service and terminate this Agreement and your use of the Service at any time in the event you materially breach this Agreement (including failure to pay) and you do not cure such breach within 30 days of HRSimplified providing you with written notice of such breach (including notice by email), or earlier if a specific subscription or Additional Terms provides otherwise. Notwithstanding the foregoing, HRSimplified may immediately suspend or terminate your access to the Service without liability if you are in violation of Sections 4.1, 4.5, or 13 of this Agreement, as determined by HRSimplified in its sole discretion. HRSimplified may also downgrade, suspend or terminate your access to the Service without liability, after providing you with 30 days’ advance written notice, if (a) you fail to affirmatively agree to material modifications of this Agreement pursuant to Section 3.1 below, or (b) you do not log in to or otherwise use the Service for a period of 180 days or more if you have a paid account and for a period of 60 days or more if you have a free account. Notice via email from HRSimplified will be sent to you at the email address you have provided to us. HRSimplified reserves the right to manage its client profile, the risks it will assume, the industries it will serve, and the locations where it will do business, including choosing to not provide services to certain groups, parties, industries, companies, or in certain countries, in its sole discretion.
2.5 Data Downloads and Deletion. In the event your subscription is terminated, other than in instances where it is terminated by HRSimplified for your non-payment or violation of Sections 4.1 or 13, you will continue to have the ability to download the information provided, inputted, or uploaded to your databases in the HRSimplified® Service on your behalf (“Data”) for 30 days after the effective date of expiration or termination of your subscription Contact the Support team for assistance with this. After such 30-day period or if your subscription is terminated due to your non-payment or violation of Sections 4.1 or 13, HRSimplified shall have no obligation to maintain any Data and shall thereafter, unless legally prohibited to do so, or required pursuant to Additional Terms, delete all your Data contained in the HRSimplified® Service.
2.6 Beta Service. You may be provided an opportunity to participate in beta or early access programs that are integrated into or are separate from the Service (“Beta Service”). By opting-in to a Beta Service, HRSimplified grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to use the Beta Service. You agree that (a) Beta Services are made available to you on an “as is” and “as available” basis and may contain errors, omissions, bugs, and similar inconsistencies and (b) HRSimplified has no obligation to correct any such errors. HRSimplified reserves the right to modify or terminate your use of any Beta Service in our sole discretion. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF A BETA SERVICE. Additionally, by opting-in to use a Beta Service, you agree to provide feedback regarding your experience with the Beta Service, upon our reasonable request. If, at any time and for any reason, you choose to opt-out of our communications regarding a Beta Service, you acknowledge and agree that we may terminate your use of the Beta Service.
Modification of Service or this Agreement
3.1 Levels of Service. The Service may be made available in free or paid versions at various levels. Not all features and functionality of the Service may be available in each version or level. HRSimplified reserves the right, in its sole discretion, to modify, add, or remove portions and/or functionality of the Service on a temporary or permanent basis, without liability to you or any third party.
3.2 Modification of Agreement. HRSimplified may modify or update this Agreement at any time. In the event HRSimplified determines it is necessary to make a material modification to this Agreement, you will be notified of such change and asked to affirmatively agree to such modified version of the Agreement. Note, however, that your use of the Service after modifications to the Agreement become effective constitutes your binding acceptance of such changes. You may review the most current version of this Agreement at: https://hrsimplified.org/usage-terms-and-conditions/
3.3 Exclusive Remedy. If you are dissatisfied with the terms of this Agreement or any modifications to this Agreement or the Service, you agree that your sole and exclusive remedy is to terminate your subscription and discontinue use of the Service.
Usage Rights; Restrictions; Support
4.1 Usage Rights. During the Term, HRSimplified grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access and use the hosted software products and related documentation included in the Service and all modifications and/or enhancements to any of the foregoing (collectively, the “Software”) via a web browser or other device owned or controlled by you for your internal business use. Nothing in this Agreement obligates HRSimplified to deliver or make available any copies of computer programs or code from the Software to you, whether in object code or source code form. You agree to use the Service, including the Beta Service, only in compliance with all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”). You shall not, and shall not agree to, and shall not authorize, encourage, or permit any third party to use the Service, including the Beta Service:
- 1) to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, fraudulent, obscene, threatening, abusive, hateful, contains viruses, or is otherwise objectionable as reasonably determined by HRSimplified.
- 2) for any fraudulent or inappropriate purpose, or in a manner for which it is not intended to be used (as determined by HRSimplified in its sole discretion).
- 3) to attempt to decipher, decompile, delete, alter, or reverse engineer any of the Software.
- 4) to duplicate, make derivative works of, reproduce, or exploit any part of the Service without the express written permission of HRSimplified.
- 5) with any robot, spider, other automated device, or manual process to monitor or copy any content from the Service other than copying or exporting of the Data as contemplated in the documentation; or
- 6) to rent, lease, distribute, or resell the Software, or access or use the Software or Services for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Software or displayed in connection with the Service.
4.2 Support. HRSimplified shall: (a) provide you with basic support in connection with your use of the Service at no additional charge, and with upgraded support if purchased separately, (b) use commercially reasonable efforts to make the Service available 8 hours a day, 5 days a week, except for: (i) planned downtime (which HRSimplified shall schedule to the extent practicable after business hours South African Standard Time), (ii) any unavailability caused by circumstances beyond HRSimplified’ s reasonable control, including, but not limited to, acts of God, acts of government, floods, fires, earthquakes, pandemics, civil unrest, acts of terror, strikes or other labour problems (other than those involving our employees), internet service provider failures or delays, or denial of service attacks, or (iii) as necessary to update the Service to ensure its security and integrity, and (c) provide the Service only in accordance with Applicable Law. HRSimplified’ s hours for basic support are 8:00 a.m. to 6:00 p.m., South African time, on weekdays, in the English language via, email and Help Widget.
4.3 Security Safeguards. HRSimplified shall maintain commercially reasonable administrative, physical, and technical safeguards for protection of the Service, and the security of your Data. HRSimplified shall not (a) disclose your Data except as compelled by Applicable Law or as you expressly authorize in writing, or (b) access your Data except to provide the Service and prevent or address service or technical problems, or at your express request in connection with customer support matters. In the event HRSimplified is compelled by Applicable Law to disclose your Data, we will provide you with notice thereof, (in advance, if possible) if permitted by Applicable Law.
4.4 Your Responsibility. You are solely responsible for your Data, and all uses of your Data that occur through your account.
4.5 IF YOU CHOOSE TO USE AND/OR PAY FOR A TRIAL OR TEST ACCOUNT (A LIMITED TIME AND USAGE HRSIMPLIFIED ACCOUNT USED FOR TESTING THE SERVICE), YOU AGREE AND ACKNOWLEDGE THAT (A) YOUR TEST ACCOUNT WILL NOT BE USED WITH LIVE OR REAL DATA AND (B) HRSIMPLIFIED MAKES NO WARRANTIES OR GUARANTEES REGARDING THE TEST ACCOUNT.
4.6 API Integration. If you integrate with HRSimplified using our API, you must use efficient programming, which will not cause an excessive number of requests to be made in too short a period, as-determined solely by HRSimplified. If this occurs, HRSimplified reserves the right to throttle your API connections or suspend or terminate your HRSimplified account.
Payment Terms; Automatic Renewal
5.1 YOUR SUBSCRIPTION TO THE SERVICE DOES NOT RENEWS AUTOMATICALLY ON A MONTH-TO-MONTH BASIS. YOUR SERVICE WILL BE SUSPENDED UNTIL YOU RENEW YOUR SUBSCRIPTION AND MAKE PAYMENT. The payment gateway will email you a receipt when you complete the payment. Invoices can be found inside the HRSimplified system. If your card cannot be charged, HRSimplified will notify you immediately and you will need to try the transaction again. There will be no refunds or credits for partial months of service.
5.2 Pricing Adjustments. When you upgrade during a billing period a prorate calculation will be done and the prorate value will be deducted off your upgrade cost. You will only be charged for the difference in the new subscription cost. The Downgrading of packages are not possible during an active subscription, once subscription has been completed a downgraded package can be selected and paid for.
5.3 Fees and Taxes. All fees are exclusive of all taxes or duties imposed by governing authorities. Other than sales taxes which HRSimplified may be required to collect from you and remit to appropriate taxing authorities, you are solely responsible for payment of all such taxes or duties. VAT will only be charged for businesses in South Africa.
5.4 Subscription Charge Adjustments. HRSimplified may at any time, upon notice of at least 90 days, or a longer period if required by Applicable Law, change the price of your subscription or any part thereof, or institute new charges or fees. If you have a month-to-month subscription service, price changes and institution of added charges implemented after your prepayment will go into effect for your next monthly subscription term after the 90 days’ notice and the updated fees will be subtracted from your prepayment. If you do not agree to any such price changes, then you must nor renew your subscription and stop using the Service prior to the commencement of the renewal subscription period for which the price change applies.
Intellectual Property Rights
6.1 HRSimplified Rights. As between the parties, HRSimplified owns and shall retain all right, title and interest in and to (a) the Software, Service, and Beta Service including all intellectual property rights therein, and (b) all operational and performance data related to your use of the Service and Beta Service, including, without limitation, which features are used, time spent using the Service and Beta Service, and similar data and metadata created in connection with the Service and Beta Service, together with analysis of such operational and performance data and derived findings, correlations, discoveries, and other insights or learnings derived by HRSimplified from such analysis (collectively, “Performance Data”). HRSimplified may collect, use, and disclose all such Performance Data for its business purposes (such as software use optimization and product marketing), including by combining and analysing Performance Data with other data. HRSimplified shall not disclose Performance Data to any non-affiliated third party unless such Performance Data has been anonymized or de-identified, or is disclosed in aggregated form, in all cases such that Performance Data does not reveal your identity, any of your confidential information, or any personally identifiable information that belongs to you or your employees.
6.2 Your Rights. You retain all right, title, and ownership interest in and to your Data. HRSimplified has no right, title or interest in any personally identifiable information contained in or related to your Data. If you are a consultant to the client of HRSimplified and provide services to such client that include or involve accessing and/or using the Data, you acknowledge that you do not own or have any rights or interests in the Data except as authorized by the client of HRSimplified and that such client is the owner of the Data in the HRSimplified Service. You further acknowledge and agree that HRSimplified may follow the instructions of the client regarding the Data including removing your access to the Data and/or reassigning your roles and permissions related to the Data.
6.3 Feedback. To the extent you provide any suggestions, enhancement requests, recommendations, comments, or other feedback (“Feedback”) about the Service, including the Beta Service, to HRSimplified, the Feedback will not be considered confidential or proprietary, and HRSimplified may use and include any such Feedback to improve the Service and/or the Beta Service, or for any other purpose. Accordingly, if you provide Feedback, you agree that HRSimplified shall own all such Feedback, and HRSimplified and its affiliates, licensees, clients, partners, third-party providers and other authorized entities may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in the Service or other related technologies, and you hereby assign all rights in such Feedback to HRSimplified.
6.4 Deliverables. From time to time during the Term, HRSimplified may develop, author, or prepare custom documents, designs, computer programs, computer documentation and other tangible materials (“Deliverables”) for you pursuant to agreement between you and HRSimplified. HRSimplified shall own and retain all right, title, and interest in and to such Deliverables and hereby grants to you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license for you to use such Deliverables for your internal use only during the Term. HRSimplified may reuse any Deliverables, provided that such use does not reveal your identity, your confidential information or any personally identifiable information that belongs to you or your employees.
7.1 Unless otherwise agreed to by you and HRSimplified, during the Term, HRSimplified may disclose your name as a customer of HRSimplified and/or subscriber to the Service, and you hereby grant HRSimplified the right to display your name, company, and logo in HRSimplified’ s marketing materials and on HRSimplified’ s public website, in each case in accordance with any branding guidelines you may provide to HRSimplified.
8.1 Certain features of the website may enable users to submit, upload, post, share, or display (hereinafter, “post”) comments or content, as well as to interact with others through user comment areas, message boards, direct messages, HRSimplified’ s blog, and similar user-to-user areas, as applicable (such comments and content shall be collectively referred to as “User Content”). User Content includes any comments or reviews you provide to HRSimplified, whether through customer support or otherwise, about the Service and/or Beta Service, but excludes all Data.
8.2 You hereby grant to HRSimplified an irrevocable, perpetual, non-exclusive, transferable, sublicensable, assignable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on our website or about the Service, including the Beta Service, for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to any moral rights and all rights of “droit moral” in your User Content. If you post User Content, you represent and warrant to HRSimplified that you own or control all rights in and to such User Content and have the right to grant the rights above to HRSimplified.
Warranties and Limitation of Liability
9.1 Limited Warranty. HRSimplified represents, warrants, and covenants as follows: (a) the Service will perform substantially in accordance with the specifications generally provided by HRSimplified in connection with the Service (“Documentation”); (b) the provision of the Service will comply with all privacy and data protection laws applicable to our business; (c) we will not sell personal information provided by you, and we will retain, disclose, or use personal information provided by you only for purposes of providing the Service; and (d) any professional services performed for you by HRSimplified will be performed in a professional and workmanlike manner, with the degree of skill and care that is required by sound professional procedures and practices.
9.2 2 DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE LIMITED WARRANTIES PROVIDED ABOVE, HRSIMPLIFIED HEREBY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE, BETA SERVICE, SOFTWARE, DOCUMENTATION, DELIVERABLES AND OTHER MATERIALS AND/OR SERVICES. HRSIMPLIFIED DOES NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.
9.3 LIMITATION OF LIABILITY. EXCEPT FOR (I) A PARTY’S VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, (II) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, OR (III) EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (A) IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, AND (B) THE AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER WITH RESPECT TO THIS AGREEMENT IS LIMITED, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TO THE FEES COLLECTED BY HRSIMPLIFIED FROM YOU PURSUANT TO THIS AGREEMENT IN THE TWELVE MONTHS PRECEDING THE EVENT FROM WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATIONS APPLY EVEN IF SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
10.1 External Breach. In the event of an accidental, unauthorized or unlawful destruction, loss, alteration, disclosure of, or access to, personal data (a “Security Breach”), that impacts the personal data you maintain through the HRSimplified® Service, and which is perpetrated by anyone other than your employees, contractors or agents, upon discovery of such Security Breach, HRSimplified will: (a) initiate remedial actions that are in compliance with Applicable Law and consistent with industry standards; and (b) as required by Applicable Law, notify you of the Security Breach, its nature and scope, the remedial actions HRSimplified will undertake, and the timeline within which HRSimplified expects to remedy the Security Breach. You will be responsible for fulfilling your obligations under Applicable Law.
10.2 Internal Breach. In the event of a Security Breach, as defined by Applicable Law, which is perpetrated by your affiliate, employee, contractor or agent, or due to your failure to maintain your systems, network or Data in a secure manner, you shall have sole responsibility for initiating remedial actions and you shall notify HRSimplified immediately of the Security Breach and steps you will take to remedy such breach. In our sole discretion, we may take any action, including suspension of your access to the Service, to prevent harm to you, us, the Service, or other third parties. You waive any right to make a claim against us for losses you incur that may result from our actions.
11.1 You agree to indemnify, defend and hold harmless HRSimplified, and its subsidiaries, affiliates, officers, directors, agents, and employees from and against any costs, damages, expenses (including reasonable attorneys’ fees), judgments, losses and other liabilities (including amounts paid in settlement) (“Liabilities”) incurred as a result of any third-party action, claim, demand, proceeding or suit (“Claim”) to the extent arising from or in connection with (a) your access or use of the Software, Beta Service and/or Service in violation of this Agreement, (b) any employment decision or action you take due to information available through or your use of the Service, (c) User Content or Data provided by you, your end users, or other third parties, (d) your violation or alleged violation of any third party right, including without limitation any right of privacy or any right provided by labour or employment law, and (e) your violation or alleged violation of this Agreement.
11.2 HRSimplified agrees to indemnify, defend and hold harmless you, and your affiliates, officers, agents, and employees from and against any Liabilities incurred as a result of any third-party Claim to the extent arising from or in connection with an allegation that your use of the Software, Beta Service, and/or Service in accordance with this Agreement infringes the intellectual property rights of a third party. Notwithstanding the foregoing, in no event shall HRSimplified have any obligations or liability arising from: (a) use of the Software, Beta Service, and/or Service in a modified form or in combination with materials or software not furnished by HRSimplified, and (b) any User Content, information or Data provided by you, your end users, or other third parties.
11.3 A party seeking indemnification hereunder shall (a) promptly notify the other party in writing of the Claim, (b) give the indemnifying party sole control of the defence of such Claim and all negotiations for the compromise or settlement thereof (provided that if any settlement requires any action or admission by the indemnified party, then the settlement will require the indemnified party’s prior consent), and (c) provide the indemnifying party with all reasonable cooperation, information and assistance in connection with such Claim; provided, however, that failure by the indemnified party to provide prompt notice of a Claim, grant such sole control, and/or provide such cooperation, information and assistance, shall not relieve the indemnifying party of its obligations under this Article 11, except to the extent that the indemnifying party is materially prejudiced by such failure. The indemnified party may be represented by its own counsel, at its own expense.
Governing Law; Jurisdiction
12.1 This Agreement shall be governed by and construed in accordance with the substantive laws of South Africa, without reference to conflict of laws principles.
12.2 Any legal action or proceeding with respect to this Agreement must be brought in the courts of South Africa. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
Compliance with Laws; Disclaimers
13.1 Each Party shall comply with all Applicable Laws in connection with its own activities under this Agreement. The Service can be configured and used in ways that do not comply with Applicable Laws and it is your sole responsibility to ensure that your employees’ use and your use of the Service, including the Beta Service, complies with and is in accordance with Applicable Law. In no event shall HRSimplified be responsible or liable for your failure to comply with Applicable Law in connection with your use of the Service or a Beta Service.
13.2 HRSimplified does not provide its customers with legal advice regarding compliance, data privacy or other relevant Applicable Laws in the jurisdictions in which you use the Service, and any statements made by HRSimplified to you shall not constitute legal advice.
13.3 You acknowledge that HRSimplified exercises no control over your specific human resource practices implemented using the Service or your decisions as to employment, promotion, advancement, termination, notification, or compensation of any employee or authorized user of the Service. You further agree and acknowledge that HRSimplified does not have a direct relationship with your employees and that you are responsible for all contact, questions, Data updates and collection, with and from your employees. In addition, you are responsible for the privacy (including adopting and posting your own privacy policies governing your treatment of your employees’ Data), collection, use, retention, and processing of your employees’ Data, and providing all notices and information to your employees regarding the foregoing, in compliance with all Applicable Laws. HRSimplified hereby denies all liability arising from your decisions and from harmful data or code uploaded to the Service, including a Beta Service, by you and/or your employees, contractors, or agents.
13.4 You agree that you will not, directly or indirectly, ship, transfer, transmit, export or re-export, or knowingly permit any of the foregoing with respect to the Service, Beta Service, or Software, or any technical information about the Service, Beta Service, or Software, to any country for which the South African Import and Export Act (ITAC), any regulation thereunder, or any similar South African law or regulation, requires an export license or other approval, unless the appropriate export license or approval has been obtained.
16.1 The “eSignature” used in HRSimplified consists of a Digital image drawn by the user(Signature) that is stored with User details (The user that has logged in and authenticated with their username and password), the time of the signature and the IP address (location) where it was signed, this combination of data creates a unique combination that allows a normal person to accept the validity of the signature. The Signature is not a Digitally signed certificate service.
16.2 PLEASE NOTE THAT HRSIMPLIFIED’S STATEMENTS CONTAINED HEREIN OR ELSEWHERE CONCERNING THE VALIDITY OF ELECTRONIC DOCUMENTS AND/OR THE SIGNATURE LINES OF DOCUMENTS THAT ARE ELECTRONICALLY SIGNED ARE FOR INFORMATIONAL PURPOSES ONLY; THEY ARE GENERAL IN NATURE AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD CONSULT WITH LEGAL COUNSEL CONCERNING THE VALIDITY OR ENFORCEABILITY OF ANY DOCUMENT YOU MAY SIGN ELECTRONICALLY USING THE HRSIMPLIFIED® ESIGNATURE SERVICE.
17.1 Entire Agreement. This Agreement encompasses the entire agreement between you and HRSimplified with respect to the subject matter hereof and supersedes all prior representations, agreements, and understandings, written or oral. No purchase order or other form submitted by you will modify, supersede, add to or in any way vary the terms of this Agreement.
17.2 No Waiver. The failure of HRSimplified to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
17.3 Severability. If any part of this Agreement is found invalid or unenforceable by a court of competent authority, the remainder of the Agreement shall be interpreted to effectuate the intention of the parties and shall not affect the validity and enforceability of any remaining provisions.
17.4 Survival. The provisions of this Agreement that should, by their nature survive termination and/or expiration, shall and do survive such termination and/or expiration.
17.5 Assignment. You may not assign or otherwise transfer any of your rights or obligations under this Agreement without HRSimplified’ s prior written consent, which consent shall not be unreasonably withheld. This Agreement shall be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns. Any assignment in violation of the foregoing will be invalid.
17.6 No Legal Advice; Reliance. No part of this Agreement is intended or shall be construed as legal advice. HRSimplified shall not be liable for any errors or omissions in the content of this Agreement or for any actions taken in reliance thereon.
17.7 No Third-Party Beneficiaries. Subject to Section 14.1, nothing in this Agreement, express or implied, is intended to or shall confer upon any person other than the parties hereto, any legal or equitable right, benefit, or remedy of any nature under or by reason of this Agreement.
18.1 If you have any questions about the Service or this Agreement, you may call us at +27 87 378 1154, email us at support@HRSimplified.com, or write to us at:
DataSimplified PTY (Ltd)
44 Fuchsia Street, Durbanville
Western Cape, South Africa, 7550
HRSimplified belongs to DataSimplified: All rights reserved.