Terms & Conditions

Definitions

In these Terms and Conditions, unless the context indicates otherwise:

• “Finance & Payroll Executive”, “Company”, “we”, “us” or “our” means Finance & Payroll Executive (Pty) Ltd, a company incorporated in the Republic of South Africa, with its registered address at Blairgowrie, Randburg, Gauteng, South Africa, 2194.
• “Website” means the Finance & Payroll Executive website available at www.payrollexec.co.za, including any associated webpages, content, functionality and online services.
• “User”, “you” or “your” means any person who accesses, browses or uses the Website.
• “Services” means any payroll, human resources, accounting, compliance, advisory, consulting, software, training or related services offered by Finance & Payroll Executive.
• “Website Content” means all information, text, graphics, logos, images, documents, templates, calculators, training materials, reports, software, code and other content made available through the Website.

Acceptance of Terms

By accessing or using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.

If you do not agree to these Terms and Conditions, you must discontinue your use of the Website.

These Terms and Conditions apply to your use of the Website only. Where you engage Finance & Payroll Executive for Services, the Services will be governed by the applicable quotation, proposal, engagement letter, service agreement, Service Level Agreement or other written agreement entered into between you and Finance & Payroll Executive.

If there is any inconsistency between these Website Terms and a written agreement relating to specific Services, the written service agreement will take precedence in respect of those Services.

Permitted Use of the Website

You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of Finance & Payroll Executive or any third party.

You must not:

• Use the Website in breach of any applicable law or regulation;
• Introduce or transmit viruses, malware, ransomware, malicious code or other harmful technology;
• Attempt to obtain unauthorised access to the Website, its servers, systems, databases or networks;
• Interfere with or attempt to compromise the security, integrity or functionality of the Website;
• Use automated systems, bots or other means to access, copy, scrape or collect Website Content without our prior written consent;
• Copy, reproduce, modify, distribute, publish, transmit, sell or commercially exploit Website Content without our prior written consent; or
• Use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with another person’s use of it.

Finance & Payroll Executive reserves the right to restrict, suspend or terminate access to the Website where we reasonably believe that these Terms and Conditions have been breached or that unlawful, fraudulent, abusive or harmful conduct has occurred.

Information on the Website

The information provided on the Website is intended for general informational purposes only.

Finance & Payroll Executive makes reasonable efforts to ensure that Website Content is accurate and up to date. However, we do not warrant or guarantee that Website Content will always be:

• Accurate;
• Complete;
• Current;
• Reliable;
• Suitable for a particular purpose;
• Available; or
• Free from errors or omissions.

Information published on the Website does not constitute legal, tax, accounting, financial, labour, employment or other professional advice.

Legislation, regulations, tax rates, employment requirements and business circumstances may change. You should obtain appropriate professional advice before relying on information published on the Website or taking action based on it.

Services and Client Engagements

Finance & Payroll Executive may provide payroll administration, payroll processing, human resources support, compliance services, accounting support and other related business services.

The availability and provision of any Services are subject to:

• Finance & Payroll Executive accepting the proposed engagement;
• The terms of the applicable quotation, proposal, engagement letter, service agreement or other written agreement;
• The provision of information and documentation required by Finance & Payroll Executive; and
• Payment of the applicable fees.

Submitting an enquiry through the Website, completing an online form, sending an email or otherwise contacting Finance & Payroll Executive does not create a client relationship or constitute acceptance of an engagement.

A binding client relationship will arise only when Finance & Payroll Executive has formally accepted the engagement in accordance with the applicable agreement.

Client Responsibilities

Where Finance & Payroll Executive provides Services to you, you are responsible for providing complete, accurate and timely information and instructions required for Finance & Payroll Executive to perform the Services.

Depending on the Services provided, your responsibilities may include:

• Providing complete and accurate payroll and employee information;
• Providing payroll inputs and supporting documentation by agreed deadlines;
• Notifying Finance & Payroll Executive promptly of any changes to employee or payroll information;
• Reviewing payroll reports, calculations and other outputs supplied by Finance & Payroll Executive;
• Confirming that employee information is accurate and complete;
• Maintaining appropriate employment and payroll records;
• Providing required approvals within agreed timeframes; and
• Approving payroll before any payment or submission is processed, where applicable.

Finance & Payroll Executive will not be responsible for errors, delays, penalties, interest, fines, losses or other consequences to the extent that they result from inaccurate, incomplete, misleading or late information, instructions or approvals supplied or withheld by the client.

The specific allocation of responsibilities between Finance & Payroll Executive and a client will be determined by the applicable service agreement.

Privacy and POPIA

Finance & Payroll Executive respects the privacy of individuals and processes personal information in accordance with applicable South African data protection legislation, including the Protection of Personal Information Act 4 of 2013 (“POPIA”), where applicable.

Depending on how you interact with us and the Services provided, we may process personal information including:

• Names and surnames;
• Contact details;
• Company and business information;
• Employee information;
• Payroll information;
• Banking and payment information;
• Tax information;
• Identification information; and
• Information voluntarily submitted to Finance & Payroll Executive through the Website or other communication channels.

Personal information may be processed for lawful purposes, including:

• Providing and administering Services;
• Responding to enquiries and requests;
• Communicating with clients and prospective clients;
• Managing business and client relationships;
• Complying with legal and regulatory obligations;
• Protecting our legitimate business interests; and
• Maintaining and improving the Website and our services.

Further information regarding how Finance & Payroll Executive collects, uses, stores and protects personal information is contained in our Privacy Policy.

Where applicable, the processing of personal information on behalf of a client may also be governed by a separate Data Processing Agreement or other written agreement.

Employee and Third-Party Information

Where you provide Finance & Payroll Executive with personal information relating to employees, contractors, customers or other third parties, you are responsible for ensuring that you have a lawful basis and the necessary authority to provide that information to Finance & Payroll Executive for the relevant purpose.

You warrant that, to the extent required by applicable law:

• You are legally entitled to provide the information to Finance & Payroll Executive;
• Any required notices, consents, authorisations or other lawful grounds have been obtained or established;
• The information supplied is accurate and reasonably up to date; and
• The information is provided for a lawful purpose.

Finance & Payroll Executive will process such information in accordance with applicable data protection laws and the terms of the relevant client agreement.

Cookies

The Website may use cookies and similar technologies to improve Website functionality, security, performance and user experience.

The use of cookies is subject to our Cookie Policy, which explains the types of cookies used, their purposes and, where applicable, how you can manage your cookie preferences.

You may disable cookies through your browser settings. However, doing so may affect certain Website functionality.

Intellectual Property

Unless otherwise stated, all intellectual property rights in the Website and Website Content are owned by Finance & Payroll Executive or licensed to Finance & Payroll Executive.

This includes, without limitation:

• Text and written content;
• Graphics and designs;
• Logos and trademarks;
• Images;
• Branding;
• Documents and publications;
• Templates;
• Calculators;
• Training materials;
• Reports;
• Software; and
• Source code and other technology.

Nothing in these Terms and Conditions transfers ownership of any intellectual property to you.

Subject to these Terms and Conditions, you may access and use the Website for your own lawful, personal or internal business purposes. You may not reproduce, modify, distribute, publish, sell, license or commercially exploit Website Content without Finance & Payroll Executive’s prior written consent, except where expressly permitted by law.

No rights are granted to users except for personal, non-commercial use of the Website.

Third-Party Websites and Links

The Website may contain links to websites or services operated by third parties.

These links are provided for convenience only. Finance & Payroll Executive does not control and is not responsible for the content, availability, accuracy, security, privacy practices or terms of use of third-party websites.

Your use of any third-party website is subject to that third party’s applicable terms and policies and is undertaken at your own risk.

Website Disclaimer

To the fullest extent permitted by applicable law, the Website and Website Content are provided on an “as is” and “as available” basis.

Finance & Payroll Executive does not warrant that:

• The Website will always be available or uninterrupted;
• The Website will be free from errors or defects;
• Website Content will always be accurate, complete or current;
• The Website will be secure or free from viruses or other harmful components; or
• The Website will meet your particular requirements.

Nothing in these Terms and Conditions excludes or limits any warranty, right or remedy that cannot lawfully be excluded or limited under applicable law.

Limitation of Liability

To the fullest extent permitted by applicable law, Finance & Payroll Executive will not be liable for any indirect, consequential, incidental, special or punitive loss or damage arising from or relating to:

• Your use of, or inability to use, the Website;
• Your reliance on Website Content;
• Any errors or omissions in Website Content;
• Third-party websites or services accessed through the Website;
• Electronic communications;
• Website interruptions, outages or technical failures; or
• Events or circumstances beyond Finance & Payroll Executive’s reasonable control.

This may include, where legally permissible, loss of profits, revenue, business opportunities, business interruption, data or goodwill.

Nothing in these Terms and Conditions excludes or limits Finance & Payroll Executive’s liability where such exclusion or limitation is prohibited by applicable law, including liability that cannot lawfully be excluded or limited.

Any liability arising from the provision of specific Services will be governed by the applicable service agreement.

Indemnity

To the extent permitted by applicable law, you agree to indemnify and hold harmless Finance & Payroll Executive, its directors, officers, employees and contractors from claims, losses, damages, liabilities, costs and reasonable expenses arising from or relating to:

• Your breach of these Terms and Conditions;
• Your unlawful or unauthorised use of the Website;
• Your violation of applicable law; or
• Your infringement of the rights of Finance & Payroll Executive or any third party.

This indemnity will not apply to the extent that the relevant loss or liability is caused by Finance & Payroll Executive’s own unlawful conduct or any other circumstance that cannot lawfully be indemnified.

Fees and Payment

Fees for Services are governed by the applicable quotation, proposal, engagement letter, invoice, service agreement or other written agreement.

Unless otherwise agreed in writing:

• Fees are exclusive of VAT, where applicable;
• Finance & Payroll Executive may suspend Services where amounts due remain unpaid;
• Interest may be charged on overdue amounts to the extent permitted by applicable law and the relevant agreement; and
• Finance & Payroll Executive may recover reasonable costs incurred in recovering overdue amounts, to the extent permitted by law.

The specific payment terms applicable to a client will be set out in the relevant service agreement or other applicable documentation.

All invoices are payable on presentation unless otherwise agreed in writing.

Cancellation of Services

Cancellation of Services is governed primarily by the applicable service agreement, engagement letter, quotation or other written agreement between Finance & Payroll Executive and the client.

Where no specific cancellation terms have been agreed in writing, a minimum of one calendar months’ written notice will generally be required for the cancellation of recurring payroll or related Services.

Clients remain responsible for all fees and other amounts properly due up to the effective date of cancellation.

Nothing in this clause overrides any cancellation, termination or notice rights that may apply under applicable law.

The withdrawal provisions contained in these Website Terms apply only to website purchases and online contracts where applicable by law. Professional accounting, payroll, tax and advisory services are governed by a separate Letter of Engagement and Client Terms and Conditions.

Electronic Communications

Finance & Payroll Executive may communicate with you electronically, including by email and through electronic platforms used in connection with the Website or Services.

Where permitted by applicable law, electronic communications and records may be used to satisfy requirements that information or communications be provided in writing.

By submitting your contact details or communicating with Finance & Payroll Executive electronically, you agree that we may use those communication channels for purposes reasonably related to your enquiry, account, Services or relationship with Finance & Payroll Executive.

Where applicable, electronic marketing communications will be subject to the requirements of applicable law and your applicable communication preferences.

Availability of Website

Finance & Payroll Executive will use reasonable efforts to maintain Website availability but does not guarantee uninterrupted access.

We reserve the right to modify, suspend or discontinue any part of the Website at any time without notice.

Amendments

Finance & Payroll Executive may amend these Terms and Conditions from time to time.

Updated versions will be published on the Website and become effective upon publication.

Continued use of the Website constitutes acceptance of any amended Terms and Conditions.

Governing Law

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

Jurisdiction

Any dispute arising from or relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of South Africa.

Contact Information

Finance & Payroll Executive (Pty) Ltd
Physical Address: Blairgowrie, Randburg, Gauteng, South Africa, 2194
Email: info@payrollexec.co.za
Telephone: +27762731045
Website: www.payrollexec.co.za

General

If any provision of these Terms and Conditions is found to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

No waiver by Finance & Payroll Executive of any right shall constitute an ongoing waiver of that right.

These Terms and Conditions, together with our Privacy Policy and any applicable service agreement, constitute the entire agreement relating to your use of the Website.

Force Majeure

Finance & Payroll Executive shall not be liable for any delay, interruption or failure to perform obligations arising from events beyond its reasonable control, including but not limited to acts of God, natural disasters, power failures, telecommunications failures, cyber incidents, labour disputes, governmental actions or other force majeure events.