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Last edit : 25 May 2009
Changes : new terms

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I-PAY Management Limited Terms of Service

1. Acceptance of Terms
These Terms of Service ("Terms") apply to and govern your use of our I-PAY Management Limited website, its facilities and services (the "Website"). By accepting these Terms of Service you are entering a contractual agreement solely between I-PAY Management Limited and yourself. Please do read through and understand our Terms carefully.

References to 'you', 'your', 'yours' and 'yourself' are references to either the administrator(s) of the service, the person in charge of the payroll, and/or the organisation that you represent, and/or any user who represents your organisation, and/or any additional user your organisation appoints, the employees of your organisation, and/or any person accessing the Website.

The Website provides various services applicable to an employer user or an appointed additional user but the provisions set below are applicable to all users regardless of which class of user you belong to and which service you use.

References to 'we', 'us' and 'our' are references to I-PAY Management Limited, the service provider of this website. By accessing, browsing or using our Website and any of its facilities, content or information, you unreservedly accept that you will be bound by our Terms of Service. If you do not agree with our Terms of Service as set out below please do not use our Website and its services. If you wish to make a serious complaint to us regarding our Terms of Service and Privacy Policy, and/or anything relating to our services, or to remove yourself from the services, you agree that you will notify us in writing and communicate the writing to us only by registered post to our given address as stated in the Website. We do not accept e-mailed or faxed communications on serious matters.

I-PAY Management Limited may decide from time to time to waive any of the Terms of Service governing the Website and its facilities. If we do so, we will not be deemed to have waived those Terms of Service on any other occasion.

2. Right to Change
I-PAY Management Limited reserves the right to change the content of the Website and its facilities, the fees we charge, if any, and the Terms of Service and Privacy Policy or any part thereof, at any time without notice. Any changes to the services on our Website and/or our Terms and Privacy Policy will be notified to you when you next log in, posted on our Website and/or on this page and will be available for you to view at any time. It is your responsibility to check the Website and these Terms of Service and Privacy Policy in case there are any changes each time before you use the Website and its facilities. If you access and use the Website after we have made a change you shall be treated as having accepted the change. If at any time you disagree with any changes, you must not use the Website and its facilities and should write to us, using registered post, to our given address as stated in the Website, to inform us that you wish to terminate your usage of the Website services.

3. Privacy
Please refer to our separate Privacy Policy, which also applies to and governs your use of our I-PAY Website to understand our practices.

4. Description of Services
Our Website acts as a venue to facilitate you in submitting and updating your employee data, viewing and printing reports and payslip data relating to your pay run, and other related services such as support tickets and billing, on an "as is" and "as available" basis. By registering and using our Website you undertake to use these provided facilities solely for the above mentioned purposes.

5. Limit on data checking
You acknowledge that we do not monitor, edit or review whether the data entered by you into our facilities is correct. We have no control over the authority, the quality or safety of the data input and the data updates regardless of whether you are an employer user, a client user, an appointed user, etc. You and you alone are responsible for the accuracy and completeness of your input. All liabilities howsoever arising as a result of errors, inaccuracies, omissions, or a lack of clarity in your data records, in so far as they attach to us, are excluded.

6. Sign up/Log in details
You undertake to keep your security Log in Password, Secret Question and Answer and any other sign up and log in details secret. You further undertake to change your Password regularly. You must not tell anyone these details or write them down in a manner that would allow someone else to use them and access your data. Never include your Password or Secret Answer in an E-Mail or a letter. You understand that I-PAY Management Limited will never ask you to enter your Password or Secret Answer on any other Website or letter or E-Mail. You will not tell anyone, including I-PAY Management Limited staff, your Password or Pattern Word, or any sign up and log in details over the phone, or by any other correspondence or E-Mail. Do not enter your Password and Secret Answer while someone else is watching. You must write to us immediately if you suspect that someone knows your sign in details and/or has accessed your data.

7. User Undertaking and Responsibility
Like any other Internet based operation, this Website is exposed to the usual risks associated with using the Internet and we cannot absolutely guarantee the privacy of your company, or employee details or data. As an employer or as an additional user you agree that given the risks mentioned above you must consult and explain the risks to your company before you use this website. When you use this website we will assume that you have already gone through a thorough consultation process with all persons concerned and have gained their consent before entering any of their data on the Website. You agree to indemnify I-PAY Management Limited for the consequences of any authorised and unauthorised entry of or changes made to employee or client data.

If you have been appointed as an additional user or any other user, you undertake that you will never disclose any details you have seen or come across relating to the employee's or client's personal details or pay details, or any details of the employer who appointed you, either by intention or by mistake. As an additional user or other user you agree that you will compensate the employee, the employer, as well as the service provider of this website, for any consequential losses without limit if you are found to be in breach of the confidentiality and non disclosure undertaking.

8. Support Request
You understand that when you enable the Support Request function in our system you are inviting our Support Staff to access your account. They will have the same access rights and functions as you have in every aspect, such as viewing and amending your employees' data, from any Internet point be it in the UK or abroad, over the Internet. This is because Support Requests from different users can be asking for support at any time and under any circumstances.

9. Appointing Additional Users
If you appoint an internal or external additional user for employee administration or report and payslip viewing or for auditing or any other purpose, then that additional user will have the access rights granted to them by the Master User. If they are granted reports access they will be capable of viewing and amending all employee details in all aspects from any Internet point be it in the office, at home, an Internet café, or from abroad.

Given the above facts there could be a risk entailed by appointing an Additional User. It is entirely your responsibility to draw your own final conclusion as to whether you want to use this function. You undertake to take all the necessary precautions and get the consent from all the payroll parties concerned before you implement the Additional User function.

You accept sole responsibility for whoever you appoint as an additional user and you also accept that you will not hold us responsible in any way whatsoever for providing the facility which allows you to appoint an additional user.

10. Correspondence
I-PAY Management Limited may from time to time send you important notifications to your registered E-Mail address regarding important data updates or security alerts. You undertake to check your E-Mail account for these notifications on a regular basis.

11. Internet Communications
Internet communications, including E-Mail, SMS and fax go through various ISP and various Internet hubs before they reach you and therefore cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. You acknowledge that if you send personal data, payslips, time sheets or any other data to us, your employees, your clients, or to anyone else via the Internet you are exposing this data to these security risks. I-PAY Management Limited has no control over the security of data once it leaves our server and for this reason you accept that I-PAY Management Limited does not accept legal responsibility for any data transmitted over the Internet.

12. Fees
Fees for the use of the website services have been communicated to and agreed by the employer before access to the website services is granted. I-PAY Management Limited may in its absolute discretion waive any charges and allow any free usage at any time, however if we do so, we will not be deemed to have waived the charges or fees on any other occasion. We reserve the right to change the published fees and charges and impose new charges, if any, at any time with 30 days notice.

13. Termination of Service
You agree that I-PAY Management Limited in its sole discretion may terminate your password, your account (or any part thereof), or use of the Website and its facilities, and remove and discard any content within the Website and its facilities, for any reason, including without limitation, a lack of use, or if I-PAY Management Limited believes that you have violated or acted inconsistently within the letter or spirit of the Terms of Service. You agree that if I-PAY Management Limited exercises its right to terminate its facilities to you, its decision is final and you have no right to appeal. You also agree that there will be no compensation of any kind for losses or inconvenience arising out of the termination of the use of the I-PAY Management Limited Website or its facilities. I-PAY Management Limited also reserves the right to withdraw either the whole or part of the Website service and its facilities at any time, with or without notice or reason to any of its users.

14. Security
You understand that you should never leave your computer whilst you are signed in to the I-PAY service. Always sign out from our Website and its facilities whenever you are not using them. If using a public or shared computer, for example at an Internet cafe, you must undertake to sign out and close down any browser windows when you have finished using our Website and its facilities.

You expressly acknowledge and agree that any material and/or information downloaded or otherwise obtained through the use of our Website and its facilities is done at your own discretion and risk and that you shall be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

15. Exclusion of Liability
Whilst I-PAY Management Limited has taken reasonable steps to ensure the accuracy, timeliness, availability, correctness, fitness for purpose and completeness of the information contained on the Website and its facilities, information is provided on an "as is" and "as available" basis without any warranty of any kind, whether express or implied. I-PAY Management Limited shall not be liable for any indirect, consequential, incidental damage or loss of any kind including loss of business, profits, chargeable time, anticipated savings, goodwill, any business interruption or loss of or corruption of data, however caused and whether arising under contract or tort, including negligence, statute or otherwise. The use of the Website and its facilities is at your sole risk. In all events, no liability will be held even if I-PAY Management Limited had been advised of the possibility of damages. We do not represent or warrant that the Website and its facilities will be available and will meet your requirements. We do not represent or warrant that the Website and its facilities shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this Website and its facilities by unauthorised third parties. We do not represent or warrant that access to the Website and its facilities will be free from delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for ensuring you have adequate protection and to undertake reasonable and appropriate precautions to scan for computer viruses or any other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Website and its facilities.

We shall not be liable to you in respect of any circumstances arising outside of our reasonable control.

If any exclusion, disclaimer or other provision contained in this Terms of Service is held to be invalid for any reason by a court of competent jurisdiction and we become liable for loss or damage that could otherwise be limited, such liability whether in contract, tort or otherwise, will not exceed the fee actually paid by you for the website facilities.

You accept that should there ever be any compensation paid to you for any reason, the total accumulated amount of all the compensation paid will never be more than the total amount you or your organisation have paid to I-PAY Management Limited for the website facilities. The issue of compensation cannot be subject to any arbitration or jurisdiction. It is solely at the discretion of I-PAY Management Limited and the decision of I-PAY Management Limited is final. The payment of one compensation for whatever reason, at the sole discretion of I-PAY Management Limited, is paid on a one off basis, and this cannot be construed as a precedent for any other payment.

16. Third Party Sites
The Website and its facilities may contain links to other sites not maintained by I-PAY Management Limited. We are not responsible for the content of these third party sites. By accessing other websites through links provided by I-PAY Management Limited, you agree to the following: -

Independent providers have produced the material available on these sites. Any opinions or recommendations are solely those of the independent providers and are not the opinions or recommendations of I-PAY Management Limited. I-PAY Management Limited cannot guarantee the timeliness, accuracy, adequacy, or completeness of any such information. The materials and information you may find on these third party sites are provided on an "as is" basis without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or products provided through or in connection with the I-PAY Management Limited Website and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy or non-infringement. I-PAY Management Limited will not be held liable for any damages or injury resulting from the use of linked sites.

17. Third Party Rights
In the event that you have any right, claim or action against any other user arising from that user's use of the Website and its facilities, you agree to pursue such right, claim or action independently of and without recourse to us, and you release I-PAY Management Limited from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

A person who is not a party to this Terms of Service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Terms of Service but this does not affect any right or remedy of a third party specified in this Terms of Service or which exists or is available apart from that Act.

18. Governing Law
This Terms of Service shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.

19. Copyright
Copyright 2009 I-PAY Management Limited. All rights reserved. Reproduction, copying, usage, modifying, hiring, renting, public performance, transmission and/or broadcasting in whole or in part of the various web pages is prohibited without the written consent of I-PAY Management Limited. You may not reverse engineer, decompile, or disassemble the website pages or scripts, except and only to the extent that such opportunity is expressly permitted by applicable law notwithstanding this limitation.

20. Other
The names and logos of other companies and products mentioned on the Website may be the trade marks of third parties, including our business partners and are used by us with the permission of their respective owner(s). All trade names and trademarks are the property of their respective companies.

This Terms of Service constitutes the entire agreement between you and us in relation to the Website and its facilities and supersedes any other oral or written communications with respect to the Website and its facilities.

Copyright© I-PAY Management Limited 2009 All rights reserved


Privacy Policy of I-PAY Management Limited

A. Introduction - What this Privacy Policy covers
This document sets out how we handle your data. You should read it in conjunction with our Terms of Service, of which this Privacy Policy forms part. At I-PAY Management Limited, we are committed to protecting your privacy. We recognise that your data is of a highly sensitive nature and should be kept confidential at all times. Please read on for more details on our Privacy Policy. This will explain our obligations to you and your obligations to us in relation to security and privacy issues on the I-PAY Management Limited Website and its facilities. Please note that this policy does not apply to any company or person outside I-PAY Management Limited.

B. Acceptance of our Privacy Policy
This Privacy Policy applies to and governs your use of our I-PAY Management Limited website and its facilities and services (the "Website").

Please do read through and understand our Privacy Policy carefully. By accessing, browsing or using our Website and any of its facilities, content or information, you unreservedly indicate your agreement to be bound by our Privacy Policy. If you do not agree with our Privacy Policy as set out below, please do not use our Website and its services. If you wish to write to us regarding our Privacy Policy, or to remove yourself from the services, you agree that you will notify us in writing using registered post to our given address as stated in the Website.

C. Data Collection and Use
I-PAY Management Limited collects personally identifying information when you complete the Quote form or Contact form on the website. You understand that any data you enter on our Website and its facilities is collected for the purposes of providing you with a tailored quote or to reply to your enquiry.

I-PAY Management Limited collects personally identifying information when you sign up with us. We will ask for your full name, address, E-Mail address, and other information necessary to comply with Money Laundering Regulations and other regulations from time to time. Once you sign up with I-PAY Management Limited and subscribe to our services, you are not anonymous to us.

Our Website acts as a venue to facilitate you in submitting and updating your employee data, viewing and printing reports and payslip data relating to your pay run, and other related services such as support tickets and billing. At the same time, you may make use of the Website to store, to view and to print out the documents relating to the pay calculation and carry out other payroll related activities that may be added from time to time as we think suitable.

You understand that any data you enter on our Website and its facilities is collected for the purposes mainly of payroll calculating, E-Filing and downloading activities and other associated activities, paid or unpaid. This data will include but is not restricted to your employees personal data such as, name, address, date of birth, National Insurance number, tax code and pay history, etc.

You also understand that we may use the data given by you for some general purposes such as to fulfil your requests for certain products and services, and to contact you about new products, promotions and for customer feedback.

We undertake to design our system in such a way to minimise the use of personal data. You acknowledge that I-PAY Management Limited has the right to scan the user database when required for administrative, advice and invoicing purposes whenever I-PAY Management Limited deems it necessary.

D. Consent for Data Collection and Use
You undertake to seek the consent of your employees before entering any of their personal data on the I-PAY Management Limited Website facilities. You will also undertake to inform all those employees who consent to having their personal data stored on the I-PAY Management Limited facilities, exactly what data will be stored, and for what purposes it is stored.

E. Disclosure and sharing of your Data
We undertake not to sell, trade, rent or share any personally identifiable information to others. We will send your personally identifiable information to others only if;

- We have obtained your express consent to share the information. - We need to share your information to provide the service or product you have requested, paid or unpaid. - We need to send the information to others who work on behalf of I-PAY Management Limited to provide a service or product to you. - We find that your actions violate the terms of our Terms of Service or any of our usage guidelines. - We must respond to court orders and any other legitimate request by authorities with which we must comply.

F. Reviewing your Data
You acknowledge that apart from data format validation checks, I-PAY Management Limited does not monitor, edit or review whether the data provided by you is correct. We have no control over the authority, the quality or safety of the data input. You and you alone are responsible for the accuracy and completeness of your records.

You can request to view your stored data at any time by writing by registered post to the address given on our Website . You can also request the deletion of your account by contacting I-PAY Management Limited in writing by registered post to the address given on our Website. We undertake to stop processing your data upon receiving notification in writing and sent to us by registered post of your objection. We reserve the right to regularly delete any data that we deem is out of date or no longer required.

G. Confidentiality and Protecting your Data
We are fully committed to taking reasonable steps in the circumstances applicable to us to protect the security and privacy of any information or data submitted to our Website and its facilities. We undertake to adopt appropriate physical, electronic and procedural measures to protect personal data collected or stored on our Website and its facilities. We also use the appropriate Internet security protocol that we deem suitable to create a protected connection between you and our servers so that your data can be confidentially sent and retrieved.

Whilst we undertake to maintain the highest possible levels of security practicable to protect data it should be realized that no data transmission over the Internet or information storage technology can be guaranteed to be 100% secure, and there is always some risk of unauthorised access. I-PAY Management Limited cannot be held liable for any breach of security. Any information submitted to us is done so at your own risk.

We limit access to personal information about you to those I-PAY Management Limited employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

Whilst we have security measures in place to protect your data, it remains your responsibility to keep your sign in details secret and to sign off from the I-PAY Website when you are not using it.

H. Use of Cookies
Cookies are small text files that we can transfer to your computer through your Web browser to enable our systems to 'remember' who you are and to provide personalised features. I-PAY Management Limited may set and access cookies on your computer. For example, a cookie would be used if you wish your computer to recall your sign in ID each time you visit our Website. You may at any time turn off cookies in your browser.

I. Links to third party sites
Our site contains links to other web sites. I-PAY Management Limited is not responsible for the privacy practices, or the content, of these web sites. We recommend that you examine the privacy policies of these third party web sites to understand their procedures for collecting, using, and disclosing your information.

J. Changes to our Privacy Policy
I-PAY Management Limited reserves the right to change the content of this Privacy Policy at any time without prior notice. If we decide to change our Privacy Policy, we undertake to post any changes on this page so you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Therefore, you should check the Privacy Policy each and every time to decide whether you want to continue your account and your access to the Website and its facilities.

K. Questions, Suggestions and Communications.
If you wish to make a serious complaint to us regarding our Terms of Service and/or Privacy Policy, and/or anything relating to our services, or to remove yourself from the services, you agree that you will notify us in writing and communicate the writing to us only by registered post to our given address as stated in the Website. We do not accept E-Mailed or faxed communications on serious matters.

I-PAY Management Limited 5 Thirlestane Court Tilford Road Hindhead Surrey GU26 6SH United Kingdom