Terms & Conditions

Effective Date: March 1, 2018

ARK Information Technologies ( "iPAY", "iATTENDANCE", "Cloudpayroll.in", "we", "us" and terms of similar meaning) owns and operate www.cloudpayroll.in and other sub/micro sites with cloudpayroll.in suffix. By accessing the above websites and related pages, you are agreeing to accept and comply with the terms and conditions of use as stated below. If you do not agree with these Terms in their entirety, you may not use the Site. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on our website www.cloudpayroll.in and you should review this Agreement prior to using the Site. Your use of the site shall be deemed to be your agreement to abide by each of the terms set forth below, including any modifications that we may make.

By subscribing for Cloudpayroll.in services on the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement and the other Terms of Service electronically, effective on the date you register your Account or click to accept the Terms of Service. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, the other Terms of Service, and any amendments.

CONSENT TO USE ELECTRONIC RECORDS

In connection with the Terms of Service, you may be entitled to receive certain records from Cloudpayroll.in or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give us permission to provide these records to you electronically instead of in paper form.

Grant of Rights, Limited License, Permitted Uses

Cloudpayroll.in offers the user a non-exclusive, non-transferable, revocable license to use the payroll processing Software as a Service.

REGISTRATION

Upon registration with us, you agree to

PAYMENT TERMS

GST, Govt. levies and taxes will be charged extra as applicable at the time of billing.

One time setup charges as per selected package apply. Please see pricing page for complete details.

Plan can only be changed after completion of current month. You can upgrade or downgrade your plan as per changes in your employee strength before starting next month's payroll processing.

Payment is to be made in advance quarterly. Payment quarters are fixed fixed as Apr-Jun, Jul-Sep, Oct-Dec and Jan-Mar. The first advance payment amount will vary depending on your billing start month as relation to quarted start.

If advance payment is not cleared by the 10th of quarter start, the account will be suspended and ₹ 500 will be charged for restoring the account access.

We will keep data of suspended account for 30 days and after it will be deleted from our server and we will not be liable for any damages due to loss of data.

You will be intimated 30 days prior to any changes in charges.

Any billing disputes must be reported to Cloudpayroll.in in writing within 30 days of the date of the invoice. All Subscription Fees are non-refundable once paid.

Terms, conditions, pricing, special features, and service and support options subject to change without notice.

HARDWARE & SOFTWARE REQUIREMENTS TO USE OUR SERVICES

To access,use,operate and/or retain the services and notices we provide to you electronically, you will need: (1) a valid email address; (2) a computer system that operates on a platform like Windows or Mac; (3) a connection to the Internet; (4) Current Versions of the software, browsers, plug-ins, or other computer applications and programs identified on the Site (Users utilizing other browsers may experience compatibility difficulties); (5) a Current Version of a program that accurately reads and displays PDF files, such as the Current Version of Adobe Acrobat Reader; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and retain records and notices in paper form or electronic storage to retain records and notices in an electronic form. By “Current Version”, we mean a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this Agreement accordingly. It is your responsibility to retain a copy of all of the records, reports and notices we send or Cloudpayroll.in generates to you electronically.

By accepting and agreeing to this Agreement and the other Terms of Service electronically, you represent that (a) you have read and understand the above consent to receive records and notices electronically; (b) you satisfy the minimum hardware and software requirements specified above; and (c) your consent will remain in effect until you withdraw your consent as specified above.

USERNAMES & PASSWORDS

When you register for an Account, you will be provided a username and password for the Account. You should change your initial password to a password of your choice during the first seven days of start of your services. You can change the password for the Account afterwards at any time.

You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You authorize Cloudpayroll.in to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password or the password of any User of your Account. You further agree not to use any username, or password of another User of the Site that you are not authorized to use, and not to allow others who are not authorized to do so to use your Account or Agency Account at any time.

WARRANTY DISCLAIMER

YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. Cloudpayroll.in MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE OTHE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Cloudpayroll.in DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 20 (TERM AND TERMINATION) STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST Cloudpayroll.in WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.

LIMITATION OF LIABILITY

Cloudpayroll.in is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:

• your use of or your inability to use our Site or Site Services.
• delays or disruptions in our Site or Site Services.
• viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services.
• glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services.
• damage to your hardware device from the use of the Site or Site Services.
• the content, actions, or inactions of third parties’ use of the Site or Site Services.
• a suspension or other action taken with respect to your account.
• your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.

ADDITIONALLY, IN NO EVENT WILL Cloudpayroll.in, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF Cloudpayroll.in, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) 5,000 OR (B) ANY FEES RETAINED BY Cloudpayroll.in WITH RESPECT TO SERVICE CONTRACTS ON WHICH USER WAS INVOLVED AS CLIENT. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

INDEMNIFICATION

You will indemnify, defend, and hold harmless Cloudpayroll.in, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an "Indemnified Party") from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to: (a) use of the Site and the Site Services by you or your authorized persons, including any payment obligations incurred through use of the Site Services; (b) failure to comply with the Terms of Service by you or your authorized persons; (c) failure to comply with applicable law by you or your authorized persons; (d) negligence, willful misconduct, or fraud by you or your authorized persons; and (e) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your authorized persons.

AGREEMENT TERM AND TERMINATION

The Terms of Service as amended from time to time, will become effective on the later of the Effective Date or your first visit to the Site and will remain in effect for the duration of your use of the Site or Site Services. Unless both you and Cloudpayroll.in expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to legalnotices@Cloudpayroll.in.com. If you are using Cloudpayroll.in Payroll, you must legally terminate your relationship with Client or Freelancer, as applicable, before terminating this Agreement. In the event you properly terminate this Agreement, your right to use the Site is automatically revoked, and your Account will be closed; however, (a) if you have any open Engagements when you terminate this Agreement, you will continue to be bound by this Agreement and the other Terms of Service until all such Engagements have closed on the Site; (b) Cloudpayroll.in will continue to perform those Site Services necessary to complete any open Engagement or related transaction between you and another User; and (c) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open Engagements, whichever is later, to Cloudpayroll.in for any Site Services and to any Freelancers for any Freelancer Services. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you, any User with whom you have entered into a Service Contract, or Cloudpayroll.in from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason.

Without limiting Cloudpayroll.in’s other rights or remedies, we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or other parts of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Cloudpayroll.in or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit activity. If your Account is suspended or closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without Cloudpayroll.in’s prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law.

Without limiting Cloudpayroll.in’s other rights or remedies, if you engage in actions or activities that circumvent the Site or otherwise reduce fees owed Cloudpayroll.in or our Affiliates under the Terms of Service, you must pay Cloudpayroll.in, and you authorize Cloudpayroll.in or its Affiliate to charge you, for all fees owed to Cloudpayroll.in and our Affiliates and reimburse Cloudpayroll.in for the Opt-Out Fee, if applicable, all losses and costs (including any and all time of Cloudpayroll.in’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.

If your Account is closed for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site. If practicable or required by law, Cloudpayroll.in will retain this information along with all your previous posts and proposals for a period of up to five years from the date of closure. However, you understand that any closure of your Account may involve deletion of any content stored in your Account for which Cloudpayroll.in will have no liability whatsoever.

ENFORCEMENT OF AGREEMENT

Cloudpayroll.in has the right, but not the obligation, to suspend or revoke your access to the Site and Site Services if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the Terms of Service or violated our rights or those of another party. Without limiting Cloudpayroll.in’s other rights or remedies, we may suspend or close your Account, use self-help in connection with our rights to reclaim funds, and refuse to provide any further access to the Site or the Services to you if (a) you breach any terms and conditions of this Agreement or other Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, other Users, or Cloudpayroll.in.