Last updated on 5 April 2022
1.Application - Object
They also apply to the access and use of a Demo Account as defined in Article 2.
2. Description of the Services and the User Accounts
The Services allows PayFit Customers to manage the payroll and/or the HRIS of their employees in accordance with the terms of the Service Agreements. In this context, PayFit provides User accounts (hereinafter "User Accounts") for its Customers (hereinafter "Admin User Accounts") and its Customers employees (hereinafter "Employees User Accounts") on the basis of the Service Agreement and on behalf of its Customers only.
The Admin User Accounts allow employees in charge of the HRIS management to manage the payroll and/or the HRIS of the company through a specific account which contains details about all the employees of the Customer company. Customer may offer, under their sole responsibility, dedicated access to an Admin User Account to third parties who are exclusively contracting partners of the Customer and who are authorized to consult/use its content (external accountant for example).
The Employees User Accounts allow employees and other staff member of a Customer company to have details about its payroll and/or HRIS personal information. The Users of Employees User Accounts have access to the Services under conditions defined between their employer (the Customer) and PayFit in the Service Agreement. The configuration of the Employees User Accounts is set by a User of an Admin User Account.
Besides, before entering into a Service Agreement, a potential customer can benefit from a demo account (hereinafter a "Demo Account") for a limited period. As soon as the trial period ends, the potential customer must enter into a Service Agreement in order to continue to use the Services.
The User acknowledges that the Services may be amended at any time at PayFit's sole discretion.
3. Conditions to access the User Accounts
3.1. Legal conditions
The Users (as partner or employee of a PayFit Customer) shall be authorized by a PayFit Customer to access and use a User account.
3.2. Technical conditions
The User Accounts are accessible through the Internet. The Users :
(a) must have a high-speed Internet connection and must use their User account with the Google Chrome browser (version 64.0.3282 and later versions) and with one of the following operating systems: Microsoft Windows (Windows 8 and later versions), Android (4.1 and its later versions), Mac OS (10.10 and its later versions), Apple iOS (9 and its later versions), and Linux, that are technical prerequisites; (b) must update their browser and their operating systems in order to be able to fully use the User account.
For the use of the Users accounts, PayFit may recommend technical requirements or other configurations. In such cases, the Users are responsible for following these recommendations.
Besides, in order to make sure that the User Accounts remained accessible, the Users have to remain their email address of accounts valid or to advise an admin user, in writing, before any change.
All costs necessary for the equipment and connection to the Internet are the sole responsibility of the Customer and/or the User.
3.3. Security conditions
The User will be required to take the following measures in order to ensure the security of the access to its Account.
Therefore, the User shall:
- use, as of the first connexion to its account, a unique, personal and strong password (in accordance with PayFit requirements) that shall be kept confidential;
- never share its password with anybody nor let its User account at the disposal of a third person;
- change its password regularly.
The User is responsible for the loss of its password.
The User acknowledges that PayFit cannot be held liable in case of fraudulent access to its Account due to a defect or security failure resulting from negligence, error or omission on the part of the Users or the Customer.
4. Obligations and liability
4.1. PayFit obligations and liability
PayFit shall perform its obligations with diligence in accordance with the best practices in its profession with a best efforts obligation.
In this context, PayFit will make its best efforts to provide the User Accounts through the Internet via a secure SSL connection (https) and a dedicated url on the basis of a permanent 24/7 access, except during a period of unavailability for maintenance purpose (as stated in the Service Agreement), suspension of the User Account (see below) or in case of unavailability caused by circumstances that are external to PayFit, mainly including the Cases of Force Majeure (see below) or failures or delays of the Internet service providers or due to Customers/Users Internet/IT equipment. As far as possible, the Users will be informed about the interruptions.
HOWEVER, THE USERS ACKNOWLEDGE THAT THE USERS ACCOUNTS AND THE SERVICES TO WHICH THEY HAVE ACCESS ARE PROVIDED AS THEY ARE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PAYFIT DOES NOT GIVE ANY GUARANTEE THAT THE USERS ACCOUNTS WILL FUNCTION WITHOUT ANY ERROR OR INTERRUPTION.
In the context of continuous improvement of its software and subject to prior notification to the Customers, PayFit is liable to install updates or new versions. No temporary interruption of the Services shall give rise to any compensation to the User.
PayFit undertakes to secure the access and the use of the User Accounts in accordance with the security measures detailed here: <https://payfit.com/en/security/>. These security measures have been implemented in order to secure the access and the use of the Application Solutions.
The User Accounts and the data they contain are hosted by PayFit on the Amazon Web Services server in France (European Union).
The User Acknowledges that its User Account may be removed, in respect of the applicable law and/or the Service Agreement, at the end of the employment contract between a User and the Customer or at the end of the Service Agreement, the Customers being responsible for advise its employees about the removal of their Employee User Account.
The User shall download the document and data of its account before the end of the accessibility of its User Account as PayFit does not store its data indefinitely.
PayFit undertakes to take the necessary measures to ensure the security and the confidentiality of the content of the User Account.
The User acknowledges that PayFit can only be responsible for direct and foreseeable damages exclusively caused by PayFit.
Therefore, PayFit will not be held liable for indirect damage or in the case of damage caused by the User itself, the Customer, a third party or in case of force majeure.
Particularly, PayFit cannot be held liable:
- for the consequences of the provision of inaccurate and/or incomplete content during the setup of the User Account and/or during its use;
- for difficulties or impossibilities in terms of access to the PayFit Account due to its IT or telecommunication equipment;
- for the accidental destruction of the data relating to the User by the User, the Customer (its employer) or a third-party having accessed the Services without any fault of PayFit.
4.2. Users obligations, liability
The User hereby declares that it:
- has the power and the capacity to enter into the present contract;
- hold all rights and all of the necessary authorizations to use the content used via the User Accounts;
- has backed the data up on one or more reliable mediums prior to any use before they activated the User Account and agrees to perform any periodic backup of its data during the use of its User Account.
The User undertakes to:
- comply with the laws and regulations in force and not to infringe the rights of third parties or public order;
- comply with the legal and regulatory provisions relating to the respect of personal data;
- give exact and updated information in the context of the set-up and the use of its account being understood that PayFit will not be held liable in case of errors or inexecution related to a default of filling its User Account with exact and updated information/data;
- not to access, in an unauthorised manner, its User account or the systems and networks associated to them;- not to make available its User account to third-parties;- not to upload or fulfil contents containing or likely to contain a virus or a program likely to destroy the Services in whole or in part;- not to use the User Account in order to promote its service or the services of a third party;- not to use the Services for sending and hosting content which is likely to disturb public or to be contrary to morality (violent, obscene, illegal, pornographic, defamatory, harmful or discriminating etc.). The Client acknowledges that the Content considered to be contravening the laws or regulations in force can be submitted by PayFit to the authorities in charge of ensuring the adherence to the law and/or can be immediately deleted by PayFit;
The User is the sole responsible for immaterial and indirect damages and, particularly, damages resulting from a loss of profits, a loss of opportunity, a loss of exploitation or revenue. In particular, the User is sole responsible for:
- damage resulting in full or in part from a misuse of its User Account (including negligence);
- damage resulting in full or in part from an intrusion or a fraudulent use or any use by a third party using its account ID and password;
- damage resulting in full or in part from the IT and telecommunications equipment used in order to access to the User Account
Besides, the User acknowledges that PayFit has no control over the transfer of its data through public telecommunications networks that it may use to access to its User Account. Therefore, PayFit may not be held liable in case of misappropriation, corruption, capture, loss or misuse the User data or any other event likely to concern the User that should occur during their transfer on public telecommunications networks by the User or the Customer (its employer).
5. Demo Accounts
Before entering into a Service Agreement, a potential Customer can benefit from a Demo Account for a limited period. As soon as the trial period ends, the potential Customer must enter into a Contract in order to continue using the Services in case it wants to use the Services.
A Demo Account aims to allow a potential Customer to discover all the features of the Services. During the use of a Trial offer, the potential Customer acknowledge that:
- all the data entered by the User or not in the Demo Account will be considered as fake data and information;
- as of the end of the trial period, it will no longer have access to the Demo Account, as well as its customization, its configurations, the data, contents and information entered into the Demo Account and that all these data and information will be lost;
- these data will not be processed by PayFit as personal in accordance with the Personal Data European Regulation 2016/679 of 27 April 2016 (GDPR);
The potential Customer also acknowledges that the sole purpose of the Demo Account is to showcase the interface and the features of the Services accessible through the User Accounts and undertakes not to use the Demo Account for its real payroll and/or HRIS management. Therefore, the potential
Customer acknowledges that any result, data or information content on a Demo Account cannot be considered as real nor exact.
6. Beta test
When PayFit makes features or any other component of its Services available in beta version, the following stipulations apply:
PayFit may, in all discretion, propose to voluntary User to test Beta versions free of charge.
The User accepts that beta versions may include known or unknown bugs and that the data synchronized by the User may be erased, reset at any time and that, depending on the case, beta versions may damage the User's equipment. The User acknowledges that it will alone bear the consequences and risks of any nature whatsoever related to the use of Beta versions.
7. Intellectual property
7.1. Intellectual property of PayFit
PayFit is and remains the owner of all the intellectual property rights relating to the Services accessible through the Users Accounts or declares having obtained all the intellectual property rights required to operate them.
The Users undertakes to use the Services only in the context of its professional activities. In this regard, they acknowledge not being authorised to:
- change, create derivative works, disassemble, decompile, reverse engineer, reproduce, republish, download or copy all or a part of the Services and their associated documentation (including the similar components or data structures);
- access or use the Services in order to build or provide support, directly or indirectly, for a PayFit's competitor;
- licence, sell, transfer, assign, distribute, outsource, allow use or make the Services available, for a third party, unless expressly authorised in pursuance of a contract with PayFit.
Any use of the User Account and the Service contrary to the intended purpose defined in the Service Agreement is prohibited.
7.2. Intellectual property of the User
The Content of a User Account belongs to this User.
The User remains the owner of intellectual property rights over the contents provided by it while using its User Account.
8. Personal Data
The parties acknowledges that:
- the Customer (the User employer) is acting as data controller and is entitled to process User data on the basis of the User consent or other legal basis as provided for in the Personal Data European Regulation 2016/679 of 27 April 2016 (GDPR).
Therefore, PayFit is entitled to have access and to process Users data in accordance with the data protection agreement or annex signed with the Customer in the context of the Service Agreement. PayFit undertakes to process the User personal data only in the context of the Service Agreement.
As a data processor, PayFit is limited to assisting the Customer in fulfilling its own obligations. Therefore, PayFit shall not answer to requests to exercise data privacy rights that are addressed to PayFit directly by a User. In such event, PayFit will sent this request to the Customer as soon as possible and could help it to answer to the User.
9. Suspension - Removal
PayFit has the right to suspend or remove the User Account without prior formal notification without any possibility for the User to claim indemnity in case of failure of the User to perform its obligations or in any other case as pursuance to the Service Agreement.
In case of suspension, if the User or the Customer resolves the reason of the suspension, the User Account may be accessible again within a reasonable time, being understood that a User Account suspension does not mean PayFit waives its account removal right.
10. Force Majeure
The parties will not be responsible for loss, damage, delay, non-execution or partial execution resulting directly or indirectly from a case of force majeure, as those retained by the usual case-law of the national courts (hereinafter a "Case of Force Majeure").
Each party will immediately notify the other party, in writing, about the occurrence of any Case of Force Majeure. The obligations of the party, which was the victim of the Case of Force Majeure, and especially the time-periods required for the execution of its obligations, will be suspended without it incurring any liability whatsoever. The parties will endeavour, insofar as possible, to reduce the effects of the Cases of Force Majeure.
12. Linking on the Services
The User Accounts may contain links to other websites and resources provided by third parties, these links are provided for the User information only. PayFit has no control over the contents of those websites or resources and therefore exclude any liability in this respect.
13. Relationship Between the Parties
14. Applicable Law
to the extent permitted by applicable law, any litigation with respect to its validity, interpretation or performance shall be subject to the exclusive jurisdiction of the courts of Paris.