This Terms of Service Agreement (the “Agreement”) is made and entered into by and between you and SweldoMo Softwares, Inc., a Philippine company doing business as SweldoMo ( “SweldoMo”). This Agreement contains the terms and conditions that govern the use of, and the terms and conditions upon which SweldoMo will provide certain payroll, human resources and other related services through our website (collectively, the “Service”).
You are required to indicate your acceptance of the terms and conditions below in order to access and use the Service. By accessing or using the Service, you are consenting to be bound by the terms of this Agreement.
This Agreement is applicable to all persons who use or access the Service, in their company’s capacity, or on an individual capacity, including authorized users representing the employer, its employees or other persons using or accessing the Service (collectively, “Users”). If you are agreeing to these terms on behalf of a business, you represent, and warrant that you have authority to bind that business to this Agreement, and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” refer to that business.
1. Use of Website
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we, nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains materials which are owned by or licensed to us. These materials include, but are not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to us, the operators are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of the Philippines.
SweldoMo will provide you the Service for the purpose of timekeeping, payroll preparation, and for human resource management for the period of your subscription.
You give SweldoMo permission to obtain, verify, and record information that identifies the individual who opens an account or accesses the Service. SweldoMo may ask for your name, address, date of birth, tax identification number and other information that will allow us to identify you.
You acknowledge that the operation and availability of the communications systems used for accessing and interacting with the Service can be unpredictable and may, from time to time, interfere with or prevent access to the Service or its operation. SweldoMo is not, in any way, responsible for any such interference with, or prevention of your use of, or access to the Service.
You agree not to: (i) use the Service other than as authorized in this Agreement; (ii) use any device, software, or routine that interferes with any application, function, or use of the Service, or is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication; (iii) resell, sublicense, time-share, or otherwise share the Service with any third party; (iv) frame or mirror the Service; (v) decompile, disassemble or reverse-engineer the underlying software or application that is part of the Service or otherwise attempt to derive its source code; (vi) use the Service either directly or indirectly to support any activity that is illegal; (vi) access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or (vii) authorize any third parties to do any of the above.
3. Payroll Account
You will designate and authorize either yourself and/or one or more individual users of the Service with authority to act on your behalf and to bind you and/or your business (each a “Payroll Officer”), who may access the Service by entering confidential account credentials created by following the instructions provided via the Service and which will entitle them, depending on their designation and permissions given, to have authority to access, review, modify and/or provide approvals on your behalf.
You or your authorized users must take reasonable steps to maintain confidentiality of account credentials. If you believe or suspects that any account credentials have been known or accessed by unauthorized persons, you will immediately inform SweldoMo. SweldoMo reserves the right to prevent access to the Service should SweldoMo have reason to believe the confidentiality of account credentials have been compromised.
You are responsible for any actions taken on the Service by your Payroll Officer and/or any other authorized users, and for any transactions resulting from your failure to maintain the confidentiality of your account.
4. Payroll Information
You shall review for completeness and accuracy, the Payroll Information. For purposes of this Agreement, “Payroll Information” shall mean all information you provide on the Service, which may include wages, adjustments, and DTR data. You must address and correct incorrect or missing Payroll Information. You are fully responsible for the accuracy of all information you provide, submit and/or approve.
You agree that by processing payroll with SweldoMo, you have waived and released any claim against SweldoMo arising out of any errors in the Payroll Information which you have not corrected yourself.
Final audit responsibility rests with you. SweldoMo will not have any responsibility for verifying the accuracy of any data you provide or directly input via the Service or any other method.
In order to use the Service, you must submit accurate wage and payroll information to SweldoMo during the enrollment process. SweldoMo will not be liable for any penalty, interest or other liability that results from inaccurate or incomplete information you supply. You shall, in a timely and accurately manner, update all wage and payroll information as necessary to reflect changes and respond with additional information requested from time to time by SweldoMo. It is your responsibility to submit complete and accurate information to SweldoMo in connection with the Service. Any penalty or interest incurred due to inaccurate information provided by you will be your sole responsibility. You further agree to hold SweldoMo harmless from such liability.
Your use of the Service is entirely at your own risk. SweldoMo is not in the business of providing legal, tax, financial, accounting, employment, or other professional services or advice. You should consult a professional trained in those areas if you need such assistance. The Service is provided “AS IS” and on an “AS AVAILABLE” basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWELDOMO DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, NON-INFRINGEMENT, OR THE ACCURACY, RELIABILITY, QUALITY OF ANY INFORMATION OR CONTENT IN OR LINKED TO THE SERVICE. SWELDOMO DOES NOT WARRANT THAT THE SERVICE WILL BE COMPLETELY SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. If the exclusions for any implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of delivery of the Service.
The Service will continue until such time your subscription has expired and opted not to renew. SweldoMo may terminate or temporarily suspend your access to the Service in the event that you breach any material provision to this Agreement.
8. Electronic Data Retention
Data provided by Users and information (payroll registers, employee records, reports) generated by the Service shall be available to the Users while the subscription is active. In the event that the subscription has expired, these information will be retained for ninety (90) days. After this period, the SweldoMo system will automatically archive these information. Should the User opt to reactivate an expired account with archived information, an archive retrieval fee shall apply.
Photos captured with the FaceDTR app and FaceDTR-Web will be retained in the system for sixty (60) days. After this period, the SweldoMo system will automatically delete these photos.
9. Changes to the Service
SweldoMo reserves the right to change the terms, conditions, and services at any time. In the event of such change, users will be provided with notices on the Service or by other means.
SweldoMo will try to, but is not obligated to, provide thirty (30) days prior notice of any such material change. Users may discontinue their use of SweldoMo’s service should they wish not to be bound by the changes provided. Termination of the Service Agreement must be done before the change becomes effective. Continued use of the SweldoMo system after changes become effective will indicate your agreement to the changes.