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Terms and
Conditions
Please read the following
agreement carefully. Acceptance of this document is required before you
can sign up with eNETPayroll.
eNETPayroll
Internet Service Agreement
READ THIS INTERNET
SERVICE AGREEMENT CAREFULLY BEFORE USING OUR INTERNET SERVICES.
1.
INTRODUCTION.
Canadian Payroll Systems
Inc. ("CPS") provides its Internet services, as they may exist
from time to time, to registered users ("Members") who pay a
service fee for per-employee payroll processing ("Services").
Members must subscribe to the Services by establishing an account and
agreeing to the terms and conditions outlined in this document. By establishing
an account, Members agree to be bound by this Agreement and to use the
Services in compliance with this Agreement.
If you do not agree
to the terms and conditions of this Agreement, including any future revisions,
you may not use the Services and if you are a current Member, you must
terminate your use of the Services under Section 10.
2.
SUBSCRIPTION REQUIREMENTS.
The use of eNETPayroll
requires Internet access and the latest version of an Internet browser
with Java capabilities. It is the member's responsibility to meet these
requirements. CPS service are charged on a fee for service basis. Current
prices for CPS's Services are posted on our website at http://www.enetpayroll.com.
CPS reserves the right to change prices and institute new fees at any
time upon 30 days prior notice.
3.
PAYMENT OBLIGATIONS OF A MEMBER.
(a) Members must (i)
provide CPS with accurate and complete billing information including legal
name, address, telephone number, and credit card/billing information,
and (ii) report to CPS all changes to this information within thirty (30)
days of the change. Members are responsible for any charges to their account.
(b) Members having
questions regarding charges to an account should contact CPS's Customer
Service Department at: accounts@enetpayroll.com. All charges are considered
valid unless disputed in writing within sixty (60) days of the billing
date. Adjustments will not be made for charges that exceed 60 days.
(c) Charges are billed
to Members' credit cards or debit cards, as applicable, as they occur.
Billing costs are applied for only those cheques issued to employees,
not for each employee in an existing payroll (i.e. if your company has
50 employees and you issue cheques to only 25 on a given payroll cycle,
your cost = 25 cheques). CPS is not responsible for any charges or expenses
(e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting
from charges billed by CPS. CPS will provide to the primary account contact,
an e-mail of the total billing charges.
(d) CPS accepts payment
only by credit cards or direct debit authorization. CPS does not accept
any other form of payment (e.g. cheque, prepayment plan, automatic billing,
third party payment plan, etc.).
(g) Delinquent accounts
may be suspended or cancelled at CPS's sole discretion. CPS may bill an
additional charge to reinstate a suspended account. If a Member fails
to pay CPS any amounts due, whether deliberate or accidental, the Member's
account will be subject to suspension or cancellation until the Member
has paid all amounts due.
4.
MEMBER'S ACCOUNT, PASSWORD AND SECURITY.
Upon registration,
Members receive a user name, password and account designation. You and
members of your business, are the only authorized users of your CPS account
and must comply with this Agreement. You must keep your password confidential
so that no one else may access the Services through your account. You
must notify CPS immediately upon discovering any unauthorized use of your
account.
CPS may, at its discretion
and from time to time, transfer client data to a compressed temporary
file or storage for maintenance and backup purposes. Such transfers will
not effect Services and Members involved in such transfers will not be
notified. CPS will delete such temporary files once the maintenance and/or
backup operations are complete.
CPS reserves the right
to direct Members to use certain numbers to access the Service or to restrict
use of specific access numbers. Usernames, passwords and account designations
are CPS's property and CPS may alter or replace them at any time.
5.
MONITORING THE SERVICES.
CPS has no obligation
to monitor the Services, but may do so and disclose information regarding
use of the Services for any reason if CPS, in its sole discretion, believes
that it is reasonable to do so, including to: satisfy laws, regulations,
or governmental or legal requests; operate the Services properly; or protect
itself and its Members. CPS may immediately remove your material or information
from CPS's servers, in whole or in part, which CPS, in its sole and absolute
discretion, determines to violate this agreement.
6.
DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN
PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY CPS,
CPS DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES
ON THE INTERNET.
THE SERVICES ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALTHOUGH CPS
TAKES NECESSARY PRECAUTIONS TO ENSURE ONGOING, RELIABLE SERVICES, CPS
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR
FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS.
CPS MAKES NO EXPRESS
WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES. NO ADVICE OR INFORMATION
GIVEN BY CPS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. CPS AND IT
EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR
INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY
INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES. IN ANY EVENT, CPS'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY
AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE
TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
7.
SOFTWARE LICENSE.
CPS grants to each
Member a non-transferable and non-assignable account to access and use
the CPS software (including software from third-party vendors that CPS
software requires). Each Member agrees to use the Licensed Programs solely
in conjunction with the Services and for no other purpose. CPS may modify
the Licensed Programs at any time, for any reason, and without providing
notice of such modification to a Member.
The Licensed Programs
constitute confidential and proprietary information of CPS and CPS's licensors
and embody trade secrets and intellectual property protected under Canadian
copyright laws, other laws, and international treaty provisions. All right,
title, and interest in and to the Licensed Program, including associated
intellectual property rights, are and shall remain with CPS and CPS's
licensors. Member shall not translate, decompile, reverse engineer, distribute,
remarket or otherwise dispose of the Licensed Program or any part thereof.
You may not download,
use or otherwise export or re-export the Licensed Programs or any underlying
information or technology except by written consent from CPS.
8.
WEBSITE USAGE.
Our site on the World
Wide Web with its home pages in the domain "enetpayroll.com"
or any other site operated by CPS (the "Website") is a complimentary
information service offered by CPS at no charge to users.
We may provide links
on the Website to other websites which are not under our control. In general,
any website which has an address (or URL) which does not contain "enetpayroll.com"
is such a website. These links are provided for convenience only and are
not intended as an endorsement by CPS of the organization or individual
operating the website or a warranty of any type regarding the website
or the information on the website.
You may provide a
hypertext link to our Website on another website, provided that: (a) the
link must be clearly marked "CPS" or "eNETPayroll",
(b) the link must "point" to the URL "http://www.enetpayroll.com"
or "www.enetpayroll.com" and not to any other pages within the
Website, (c) the appearance, position and other aspects of the link may
not be such as to damage or dilute the goodwill associated with our name
and trademark(s), (d) the appearance, position and other aspects of the
link may not create the false appearance that an entity is associated
with or sponsored by CPS , (e) the link, when activated by a user, must
display this Website full-screen and not within a "frame" on
the linked website, and (f) CPS may, in its sole discretion, revoke consent
to link to our website at any time. All other hypertext links to the Website
must be approved in writing by CPS.
Some portions of the
Website are made available for the free exchange of ideas by participants
and are not regularly monitored nor moderated by CPS. CPS assumes no responsibility
and makes no warranty that it will undertake to screen or remove such
material. You agree to hold CPS harmless from all claims based upon the
materials posted by others. Also, in exchange for availing yourself of
the opportunity to upload or provide information to this site and any
associated chat rooms or discussion areas, you will indemnify CPS from
any claims made by third parties regarding the material that you provide.
Personal information posted by you to the Website is posted at your own
risk. CPS will have no liability arising from use of that information
. You shall not use the Website to distribute or publish any advertising
of goods or services, solicitations for funds, or other commercial messages.
You agree that you will not post, upload or otherwise introduce a virus
or other harmful code onto the Website.
Your posting of material
on the Website or providing material to CPS to use on the Website will
be deemed to be a grant by you to CPS of a license to the material to
include the material on the Website and to reproduce, publish, distribute,
perform, display, and transmit the material and to prepare derivative
works as may be reasonably necessary to do so, and you waive all rights
of attribution and integrity with respect to the material.
9.
TERM OF AGREEMENT.
Continued use of the
Services constitutes acceptance of this Agreement and any future versions.
If you are dissatisfied with the Services or any related terms, conditions,
rules, policies, guidelines, or practices, your sole and exclusive remedy
is to discontinue using the Services and, if you are a Member, to terminate
your account.
10.
TERMINATION.
You may terminate
your account at any time and for any reason by providing notice of intent
to terminate to CPS by:
• email to accounts@enetpayroll.com;
or
• registered or certified mail, return receipt requested addressed
to Canadian Payroll Systems Inc., Customer Service, 411 Goulet Street,
Winnipeg, MB, R2H 3C7.
Your termination will
be complete upon your receipt and confirmation of a Termination email
from CPS. If your account includes data on CPS's servers, anything stored
on this space will be deleted upon termination.
Without prior notice,
CPS may terminate this Agreement, your password, your account, or your
use of the Services, for any reason, including, without limitation, if
CPS, in its sole discretion, believes you have violated this Agreement,
or if you fail to pay any charges when due. CPS may provide termination
notice to you by: email addressed to your email account or by regular
mail to the address you provided for the Services. All notices to you
shall be deemed effective on the first (1st) calendar day following the
date of electronic mailing or on the fourth (4th) calendar day following
the date of regular mailing.
11.
MISCELLANEOUS.
This Agreement and
CPS's other user policies posted on CPS's website constitute the entire
agreement between you and CPS with respect to your use of the Services.
CPS may revise, amend,
or modify this Agreement and any other user policies and agreements, at
any time and in any manner. Notice of any revision, amendment, or modification
will be posted on CPS's web site (http://www.enetpayroll.com) and/or by
email and/or in our various publications and mailings to Members.
Revised, 11/30/00
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