Terms of Service - Paybook App
Last Updated: April 15, 2015
Scudetto Software & Design Company. (“Paybook”, “we”, “us” and terms of similar meaning) provides this web site and the services provided by or through this web site to you subject to these terms and conditions of use (these “Terms”).
In these terms we call this web site, paybookapp.com, any successor web sites (together, the “Site”) and the software we provide the “Application”. The Application includes (i) your use of the Paybook’s functionality authorized through your Paybook account to use your User Content (as defined below) through the Site. We refer to the services provided by the Application as the “Services”.
Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.
The Services are not intended to be used by children. You must be at least of the age of majority to use the Services.
In these Terms, our customers and any additional users to whom they give login access to their Paybook account are called “Subscribers”, and our customers’ users who use the Site are called “Subscriber’s Users”. In these Terms users of the Services, whether they are Subscribers or Subscribers Users of the Paybook, are called “Users”.
Paybook reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any, or we will post a notice in the Application visible to you the next time you access the Application. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at [email protected]
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application.
2. Registration Data; Account Security
If you register for an account on the Services, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Paybook, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Paybook. You are responsible for all activity on your Paybook account.
3. Fees; Charges; Taxes
Fees and any other charges for the use of the Application are described through quotes provided to you. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Application, as the case may be, after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.
4. Ownership, Copyright and Trademarks
In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, other files, and their selection and arrangement, is called “Content”. Content provided by Users, whether they are Subscribers or Subscribers Users, is called “User Content”. For example, payroll data about its Employees that a Subscriber provides to the Services is User Content of that Subscriber.
User Content is that the property of that Subscriber and all (if any) of their Subscriber Users. Paybook’s only right to that User Content is the limited access to resolve service and billing disputes; and troubleshoot problems. For example, we can view total amounts of user(s), company(s) and employee(s) in use by the Subscriber in order to determine accurate pricing.
Other than the User Content, the Services, all Content and all software available on the Services or used to create and operate the Services is the property of Paybook and is protected by Trinidad & Tobago and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage to your User Content may cause to you or other people. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorize additional Users, (Subscriber’s Users) to access your User Content through the Services, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.
5. Our Limited License of Content to You
Paybook grants you a limited, revocable, non-exclusive license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page cacheing) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Paybook at any time.
6. Providing a Reliable and Secure Service
If you have spent any time reviewing the Services, you will hopefully have noticed that we take reliability and security seriously. We put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment.
For example, to safeguard your User Content information, Paybook encrypts all stored passwords, uses restrictive firewalls to protect stored data and uses 256 bit SSL certificates to encrypt data transferred between you and the Services.
However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use Paybook, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
Our online payment option is handled exclusively by PayPal Inc which payee is redirected to via a link on our invoice. Hereafter, all payment information including credit card information is in the hands on PayPal Inc. We do not store or are not responsible for credit card information.
Finally, Paybook does not grant any access whatsoever to any Third Parties to your User Content.
7. Warranty Disclaimer
The Site, the Content, and the Services are provided to you on an “as is” basis without warranties from Paybook of any kind, either express or implied. Paybook expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Paybook does not represent or warrant that Site, the Content or the Services are accurate, complete, reliable, current or error-free.
While Paybook attempts to make your access to and use of the Services safe, Paybook does not represent or warrant that the Site, the Content or the Services are free of viruses or other harmful components.
8. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against Paybook arising out of or in any way relating to your use of the Site, the Content or the Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights. You use the Site, the Content, the Add-ons and the Services at your own risk.
Without limitation of the foregoing, Paybook shall not be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, the Content or the Services, including without limitation any damages caused by or resulting from your reliance on the Site, the Content or the Services or other information obtained from Paybook, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Paybook or our Host or Security Partners records, programs or services.
You shall defend, indemnify and hold harmless Paybook and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, the Content, the Add-ons and the Services, and if you are a Subscriber, from your Customers’ use of the Services and from the use of the Site, the Content, the Add-ons and the Services by any person to whom you give access to your account (including staff or advisors), including any claims made by any person that any of your, and if you are a Subscriber, your Customers’, User Content infringes the rights, including the intellectual property rights, of any third party.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data. Or we may post a notice to Subscribers and Customers in the dashboard area of your account on the Site, or post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
10. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, Paybook reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services (b) block or prevent your future access to and use of all or any portion of the Services or Content (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
11. Inactive Accounts; Termination of Agreement
If your account is inactive for at least six months or you have not fulfill your Subscriber Fees, we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at [email protected] . If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.
You and Paybook may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
12. Questions and Comments
If you have any questions regarding these Terms or your use of the Services, please contact us here:
Scudetto Software & Design Company. 83 New Haven Avenue Marabella, Trinidad. (868) 467 4063 (phone) [email protected]