TERMS OF SERVICE



IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE OR THE BRAINPAYROLL SOFTWARE.

Here, we are using certain words, which have explicit meanings:

“Account”: If the application is accepted for the creation of a Brain Payroll account,, we will confirm this by email, and a legal agreement will come into limelight between the Account Holder and us. If you apply for the making of a Brain Payroll account , you give guarantee that you are empowered to enter into this Agreement. The Agreement will be subject to UK law and the outline of these Terms of Service takes control of our alliance with you.

“Account Holder” means a sole trader or company which has a Brain Payroll account (generally this will be your business or if you are a handler, the business which you are advising).”

“The Service” means our Brain Payroll software which is accessed and used via our password protected websites.

“us” “we” and “our” refers to Brain Payroll online payroll software.

“You” means you, the person who accesses and uses this website and/or the Service.

“Your Data” means any data entered or uploaded by you while using the Service.


Creating and accessing a Brain Payroll account

In order to access and use the Service, a Brain Payroll account must first be created. You can apply for an account to be created by submitting your details on our “sign up” page.


Formation of a contract

If we accept an application for the creation of a Brain Payroll account, we will confirm this by email and at that occasion; a legal contract will come into limelight between the Account Holder and us. If you apply for the creation of a Brain Payroll account, you must therefore ensure that you are authorized to come into this agreement on the side of the Account Holder. The contract will be concluded in the English language and the outline of these Terms of Service takes control of our alliance with the Account Holder and you.


Errors in information you gave us

If you made any mistakes in the details you gave to us when applying for a Brain Payroll account, these errors can be corrected by accessing the Service and using the “edit” function on the “Your Company” page.


Refusal to create an account

We reserve the right, at our discretion, not to accept an application to create a Brain Payroll account. This may be due to technical constraints, because you, your occupation has been officially forbidden by us from using The Service or for any other cause. No fee will be taken by us for disapproved applications.


Accessing the account

You will not be able to access and exercise The Online Payroll Service without a User ID and password for a Brain Payroll account.

By two ways, you can access the payroll service:

Once a Brain Payroll account has been created, we will create the initial user (whose details were provided to us when the account was applied for) with a username and password.

Additional users can obtain their own usernames and passwords if the initial user accesses the Service and add the “New User” under the “User” page.

Your rights: If the business you represent, (or which you are advising) is an Account Holder and you are authorized by it to use The Service, we grant you a non-transferable, non-exclusive license to use the Service in accordance with these Terms of Service.

Conditions: The above license is strictly subject to compliance with these Terms of Service by you (and by the Account Holder whose Brain Payroll account you are accessing and by all other users of that Brain Payroll account.)


Your obligations

You must only access an Account Holder’s Brain Payroll account by using a password and username which that Account Holder authorizes you to use; and you can only use the Service on behalf of the Account Holder whose Brain Payroll account you are accessing and solely for accounting purposes. You must not do anything which could reasonably be expected to damage, disable, overburden, or materially impair the Service of our website generally or which is likely to interfere with any other party’s use or enjoyment of the Service.


Security

The Account Holder is ultimately responsible for administering and safeguarding any passwords created to control access to its Brain Payroll account: kindly protect any password issued to you from any misuse. Data transmitted to and from Brain Payroll is encrypted for the user's protection. However, the security of information transmitted through the Internet can never be guaranteed. Brain Payroll is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. In order to protect you and your data, Brain Payroll may suspend your use of The Service, without notice, pending an investigation, if any breach of security is suspected.


Closing a Brain Payroll account

Suspension and closure by us: If you (or any other user of the Account Holder’s Brain Payroll account) fail to abide by these Terms of Service, or if payment of the subscription fees is not paid on timely basis, we reserve the right to suspend your access to The Service or permanently cancel the Account Holder’s Brain Payroll account. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any Brain Payroll account (including during any ‘free trial’ or ‘beta trial’ period) for any reason, on immediate basis.


Intellectual Property Rights

Copyright and other Intellectual property rights in the pages and the screen displaying the pages, and in the information, software, website and the material therein and in their arrangement, is owned by Brain Payroll Limited.

You may use the Service and the information, software and material therein, and extract your data from Brain Payroll, for your personal reference or use. You may not alter, modify, recompile, electronically reproduce, distribute or publicly display any such software or materials (whether in whole or in part) and you must not use any Logos, Trademarks, Videos, Audios from the website and the software.

We grant you a license to use the software application included in the Website, as part of the Website and for the purposes made available on the Website only. You must not translate, adapt, alter, modify, distribute, recompile or reverse engineer that software for any purpose, create any derivative works based on it, permit it to be combined with any other software, provide access to it or use it to provide services to third parties or, except to the extent that we are required to permit this by applicable law. You may not use the software other than as specified in these terms without our prior written consent.

Your use of software may be subject to additional terms and conditions which Brain Payroll will notify to you at the time of downloading or access. Your download or use of such services will indicate your acceptance of those additional terms.

IF YOU DO NOT AGREE WITH THESE ADDITIONAL TERMS AND CONDITIONS, PLEASE DO NOT DOWNLOAD OR USE THE SERVICES, WEBSITE, SOFTWARE, INFORMATION OR MATERIALS.


Disclaimer

IMPORTANT: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of The Service. It also requires the Account Holder to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Service.


No Warranty

The services, including software, text, graphics, links or other items are provided “as is”, without warranty of any kind and to the exclusion of all conditions, and other terms, which might otherwise be implied by statute, common law or the law of equity. Brain Payroll does not warrant the accuracy, adequacy or completeness of the service offered thereon.

In relation to Brain Payroll available to use free of charge, we do not warrant or represent that (i) the functionality of the software or your use of it will meet your requirements; (ii) your use of the software will be uninterrupted, timely, secure or free from error; (iii) any information obtained by you as a result of your use of the software will be accurate or reliable or (iv) that defects in the operation or functionality of the software will be corrected.

To the maximum extent permitted by law, Brain Payroll hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.


Exclusion of our liability

You use The Service entirely at your own risk. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with the Service (even if we have been advised of their possibility).


Limitation of our liability

Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service (or to our website generally) shall not exceed an amount equal to the subscription fees which the Account Holder has paid to us in the previous month. Liability to us: If you access The Service using a password created to control access to the Account Holder’s Brain Payroll account, then the Account Holder shall be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you. Otherwise, you shall be personally held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.


Submission

Should you send any information, images, comment or data of any nature to the Website by email or otherwise, you must ensure that such material is not defamatory or offensive, untrue, racially offensive or an incitement to racial hatred or otherwise in breach of an individual’s right to privacy or human rights or actionable in law in any jurisdiction.

All information submitted via the Websites including any questions you may submit to Brain Payroll whether via the support pages, emails to the editor, any live chat service or otherwise shall be deemed and remain the property of Brain Payroll which shall be free to use, alter, modify, recompile, electronically reproduce, distribute or publicly perform or display this information for any purpose, any ideas, concepts or know-how contained in such information. Brain Payroll shall not be subject to any obligations of confidentiality regarding submitted information except as outlined in the Privacy Policy or as otherwise specifically agreed or required by law.


Privacy

This Privacy Statement describes how we collect and use any information that you provide on our website, while doing business with Brain Payroll. Your personal and financial information privacy is among our core principles. Since you entrust us with sensitive financial data, we take that responsibility seriously.


You own & control the access of Your Data

Brain Payroll stores financial information about a company or a sole trader as entered by that company or sole trader. We will store information that is entered by you. The data entered or upload into our web site (http://app.brainpayroll.co.uk) remains your property and have ultimate control over who has access to it. You can create a user account, for Client and Employee Portal as well. It’s your responsibility to keep your password safe. We do not have access to your user passwords and are therefore unable to access your account without your permission.


Exporting your Data

You can export a complete copy of your data, as a csv/xml file, whenever you like.


Personal Information that may be collected

When you register for services through the Website, you consent to the transfer and storage of your personal information on our servers. We store complete information which is entered by you during registration form filling. You must complete a registration form and provide personally identifiable information. We need this to:

  • Understand your needs and provide you with a better service,
  • Maintain our own accounts, and for billing,
  • Enable us to answer your queries,
  • Verify your identity for security purposes,
  • Internal record keeping,
  • Send you our newsletter, if you have asked us to.

  • Variation

    These terms of Service are subject to change. Any changes we may make to these terms of Service will be posted on this page. You are bound by such changes and should therefore visit these Terms of Service each time you visit the Website. Your continued use of the services following the posting of changes will mean you accept those changes. These Terms of Service may not otherwise be changed without our written consent.


    Governing Law and Jurisdiction

    Brain Payroll is controlled and operated by Brain Payroll Limited in UK. Those who use the service from other locations do so of their own initiative and are responsible for compliance with all the applicable UK Laws. All access to and use of these Services will be governed by the laws of UK. You are responsible for compliance with any applicable local laws of the country from which you use or otherwise access The Service. By subscribing to Brain Payroll, you agree to accept and be bound by these terms and conditions.


    GENERAL LEGAL MATTERS


    Entire agreement

    These Terms of Service and our Privacy Policy describe the entire agreement between you, the Account Holder and us regarding the Service, and supersede any prior understandings or agreements. The headings are for convenience only and shall not affect the construction or interpretation of these Terms of Service.


    Transfer of rights & obligations

    We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. Neither you nor the Account Holder may transfer any of your rights or obligations under these Terms of Service without our written consent.


    Waiver and severability

    If either you or we ignore any breach of these Terms of Service, it does not mean that any further breach cannot be enforced. Similarly, if any part of these Terms turns out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.

    Use of the Brain Payroll software will be subject to the Terms of Service displayed on the Brain Payroll website.

    The Brain Payroll account will be provided in accordance with the Terms of Service displayed on the Brain Payroll website from time to time. By submitting information to us you authorize us to process your information for the purpose of running your Brain Payroll account. These terms and conditions shall be governed by UK law and all parties submit to the jurisdiction of the UK courts.