Terms of Service

1. Acceptance of Terms

By accessing or using Nettly ("Service", "Platform", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you (the "User", "Customer", or "you") and Nettly.

2. Description of Service

Nettly is a cloud-based payroll management platform designed for South African businesses. The Service includes:

• Employee management and record-keeping
• Payroll processing (PAYE, UIF, SDL calculations)
• Payslip generation and distribution
• Tax reporting (EMP201, IRP5)
• Leave management
• Reporting and analytics

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal authority to enter into contracts
• Provide accurate and complete registration information
• Maintain the security of your account credentials

4. Account Registration and Security

4.1 Account Creation

You must create an account to use the Service. You agree to:

• Provide accurate, current, and complete information
• Update your information to keep it accurate
• Maintain the confidentiality of your password
• Notify us immediately of any unauthorized use

4.2 Account Responsibility

You are responsible for all activities that occur under your account. You agree to notify us immediately of any security breach or unauthorized use.

5. Subscription Plans and Pricing

5.1 Subscription Tiers

We offer the following subscription plans:

• Starter: R199/employee/month (max 5 employees)
• Growth: R149/employee/month (max 20 employees)
• Accountant: R99/employee/month (unlimited employees)

5.2 Free Trial

New customers receive a 14-day free trial. Your payment method will not be charged until the trial period ends. You may cancel at any time during the trial without charge.

5.3 Billing

• Subscriptions are billed monthly in advance
• Pricing is based on the number of active employees
• All prices are in South African Rand (ZAR) and exclude VAT
• We reserve the right to change pricing with 30 days' notice

5.4 Payment

Payment is processed through PayFast. By providing payment information, you authorize us to charge your payment method on a recurring basis. Failed payments may result in suspension of your account.

6. Cancellation and Refunds

6.1 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until that date.

6.2 Refunds

Subscription fees are non-refundable except as required by law. We do not provide refunds or credits for partial months of service or unused features.

7. Data and Privacy

7.1 Your Data

You retain ownership of all data you enter into the Service ("Customer Data"). You grant us a license to use Customer Data solely to provide the Service.

7.2 Data Protection

We process personal information in accordance with our Privacy Policy and comply with POPIA (Protection of Personal Information Act) and GDPR requirements.

7.3 Data Retention

Payroll data is retained for 7 years as required by South African tax law. Upon account cancellation, we will retain your data for 90 days, after which it will be permanently deleted (subject to legal retention requirements).

8. Acceptable Use Policy

You agree NOT to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Upload malicious code or viruses
• Attempt to gain unauthorized access to the Service
• Interfere with or disrupt the Service
• Use the Service for any unlawful purpose
• Harass, abuse, or harm others
• Impersonate any person or entity
• Share your account credentials with others

9. Intellectual Property

9.1 Our IP

The Service, including all software, content, trademarks, and logos, is owned by Nettly and protected by copyright, trademark, and other intellectual property laws.

9.2 License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes during the subscription term.

10. Service Availability and Support

10.1 Uptime

We strive for 99.9% uptime but do not guarantee uninterrupted service. We may perform maintenance with reasonable notice.

10.2 Support

We provide email support at support@nettlyhr.co.za. Response times vary by subscription plan and issue severity.

11. Warranties and Disclaimers

11.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 Tax Calculations

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETTLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless Nettly from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your Customer Data

14. Termination

14.1 By You

You may terminate your account at any time by canceling your subscription.

14.2 By Us

We may suspend or terminate your account immediately if:

• You violate these Terms
• Your payment fails
• We are required to do so by law
• We discontinue the Service (with 30 days' notice)

14.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will retain your data as described in our Privacy Policy.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use after changes constitutes acceptance of the new Terms.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of South Africa, without regard to conflict of law principles.

16.2 Dispute Resolution

Any disputes shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to arbitration in accordance with the Arbitration Act of South Africa.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nettly.

17.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in effect.

17.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of that right.

17.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

18. Contact Information

19. Related Policies