In these Terms of Service (“TOS”), the following words and expressions shall have the following meanings:
Opus Software Solutions Pte. Ltd. is the company providing the PayAdvisorMobile® Service. Clause 3 defines the description of the PayAdvisorMobile® Service.
Customer means any authorized person who applies or subscribes for or utilizes the PayAdvisorMobile® Service.
Customer Registration Web Form means the form prescribed by Opus Software Solutions Pte. Ltd. and used by the Customer to subscribe for the PayAdvisorMobile® Service.
Content means all the types of data registered and/or input by the Customer, User and any person not employed officially in Opus Software Solutions Pte. Ltd. in the PayAdvisorMobile® Service.
Users means any person(s) authorized by the Customer to utilize SaaS available on the PayAdvisorMobile® Service.
Order means the purchase order made online for the PayAdvisorMobile® Service.
SaaS means Software as a Service, a software application delivery model where a software vendor develops a web-native software application and hosts and operates (either independently or through a third-party) the application for use by end Customers over the Internet.
2) Acceptance of Terms
Opus Software Solutions Pte. Ltd. provides the PayAdvisorMobile® Service (defined in Clause 3) to you subject to the following TOS. By accessing and using the PayAdvisorMobile® Service, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using PayAdvisorMobile® Service, you and Opus Software Solutions Pte. Ltd. shall be subject to any posted guidelines or rules applicable to such PayAdvisorMobile® Service, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
3) Description of PayAdvisorMobile® Service
PayAdvisorMobile® Service provides the platform, URL: http://mobileattendance.com.sg to purchase online licenses for each User to use mobile devices and its own Android and iOS applications to punch in and out remotely, use of GPS to determine the location of punching, salary calculation and generation of payslip and other reports. You also understand and agree that the PayAdvisorMobile® Service may include certain communications from the URL: http://mobileattendance.com.sg, such as PayAdvisorMobile® Service announcements, administrative messages and these communications are considered part of PayAdvisorMobile® Service membership and you will not be able to opt out of receiving them. You also agree to accept any new features which augment or enhance the current PayAdvisorMobile® Service, including the release of new PayAdvisorMobile® properties, which are binding to the TOS. You are responsible for obtaining access to the PayAdvisorMobile® Service, and that access may involve third-party fees (such as Internet PayAdvisorMobile® Service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the PayAdvisorMobile® Service.
4) Fees and Charges
Fees and Charges shall be applicable should the Customer purchase the PayAdvisorMobile® Service. This shall equally apply to any person(s), namely administrators, who granted rights to purchase PayAdvisorMobile® Service on behalf of the Customer.
Purchase of PayAdvisorMobile® Service is only available to Customers who has a Opus Software Solutions Pte. Ltd. billing account and a Singapore registered business entity.
For avoidance of doubt, Users are not allocated rights to purchase any licences for the PayAdvisorMobile® Service.
5) PayAdvisorMobile® Service Requirements and Limitations
5.1) The Customer acknowledges that PayAdvisorMobile® Service availability is subject to the following conditions:
(a) technical capability of the Opus Software Solutions Pte. Ltd. network and delivery systems at the time at which the PayAdvisorMobile® Service is requested or delivered; and provisioning time that is required by Opus Software Solutions Pte. Ltd. to provide the PayAdvisorMobile® Service; and
(b) the Customer shall ensure that all Customer-provided equipment on its premises that connects to the PayAdvisorMobile® Service will perform according to published technical specifications for such equipment and PayAdvisorMobile® Service’s interface and its other specifications.
5.2) The Customer acknowledges:
(a) it must procure and maintain at its own expense any equipment, software, operating conditions and/or specifications needed to implement, receive and/or use the PayAdvisorMobile® Service, unless Opus Software Solutions Pte. Ltd. expressly agrees otherwise in writing; and
(b) the technical means by which Opus Software Solutions Pte. Ltd. supplies the PayAdvisorMobile® Service is at Opus Software Solutions Pte. Ltd.’s sole discretion.
5.3) The Customer shall not:
(a) through the use of the PayAdvisorMobile® Service infringes Opus Software Solutions Pte. Ltd. or any third party’s copyright or other intellectual property rights pertaining to the information or resources available nor shall the Customer retain such information or resources for re-use in any computer system or otherwise; and/or
(b) use the PayAdvisorMobile® Service to access information or resources which are private to individuals and/or organisations unless permission to do so has been granted by the owners or holders of the rights to such resources and information
5.4) If the Customer reports a fault and, following investigation by Opus Software Solutions Pte. Ltd., either no fault is found or Opus Software Solutions Pte. Ltd. determines that the fault is not with the Opus Software Solutions Pte. Ltd. network or Opus Software Solutions Pte. Ltd. Equipment, then Opus Software Solutions Pte. Ltd. may charge the Customer a fee for the fault report at Opus Software Solutions Pte. Ltd.’s then prevailing rate.
5.5) The Customer shall ensure that the PayAdvisorMobile® Service supplied under this Agreement is only used for Customer’s own consumption within its own organisation and that it will not re-supply the PayAdvisorMobile® Service to its own Customers or any third parties, unless stated otherwise by Opus Software Solutions Pte. Ltd.. In the event that the Customer breaches this clause, Opus Software Solutions Pte. Ltd. may terminate the PayAdvisorMobile® Service and all SaaS associated with the Customer’s account, immediately without any liability to Opus Software Solutions Pte. Ltd. whatsoever, including in damages or otherwise. Opus Software Solutions Pte. Ltd. reserves the right to also seek compensation from the Customer in respect of any loss and damage incurred.
5.6) The Customer shall be solely responsible for the use and consequences of the PayAdvisorMobile® Service and for any content, information, data or the like stored by the Customer, in or disseminated through any Customer account(s). For avoidance of doubt, Customer account(s) includes any and all accounts assigned by the Customer. In no event will Opus Software Solutions Pte. Ltd. be responsible to the Customer or any other parties for any loss, corruption, destruction or alteration of any content, data, information or the like stored by the Customer via the PayAdvisorMobile® Service.
5.7) Opus Software Solutions Pte. Ltd. may, at any time and with notice, temporarily suspend the PayAdvisorMobile® Service for operational reasons such as repair, maintenance, upgrade or improvement of the PayAdvisorMobile® Service or because of an emergency. Opus Software Solutions Pte. Ltd. will restore the PayAdvisorMobile® Service as soon as reasonably practicable. Opus Software Solutions Pte. Ltd. may also modify the PayAdvisorMobile® Service in order to keep pace with the prevailing demands and technological developments, at its discretion and without any notice to Customer. The use of the PayAdvisorMobile® Service is subject to any instructions, notices and directions of Opus Software Solutions Pte. Ltd. as may be given from time to time.
5.8) It is the responsibility of the Customer to ensure that the Central Provident Fund (“CPF”) and Bank GIRO export files generated by PayAdvisorMobile® are duly checked and reviewed prior to submission via CPF and the bank’s website respectively. Opus Software Solutions Pte. Ltd. shall not be held responsible for any failure or negligence on the part of the Customer in ensuring that the CPF and Bank GIRO export files data is correct, thereby resulting in incorrect CPF and Bank GIRO payments to the affected Customer employees.
6) Service Provision
Opus Software Solutions Pte. Ltd. shall charge for all Work at Opus Software Solutions Pte. Ltd.’s then prevailing rate, where applicable.
Opus Software Solutions Pte. Ltd. reserves the right not to accept or not to proceed with any application for Work if:
(a) the Customer Registration Web Form submitted by the Customer and received by Opus Software Solutions Pte. Ltd. is not duly completed, signed; and/or
(b) the Customer is not of legal age to form a binding contract and are not a person barred from receiving the PayAdvisorMobile® Services under the laws of the Singapore or other applicable jurisdiction.
(c) Opus Software Solutions Pte. Ltd. considers it is unable to perform the Order due to non-availability of resources.
Customer has to: (i) provide true, accurate, current and complete information as prompted by the PayAdvisorMobile® Service’s Customer Registration Web Form (the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Opus Software Solutions Pte. Ltd. has reasonable grounds to suspect the reliability of the information and has the right to suspend or terminate your account and refuse any and all current or future use of the PayAdvisorMobile® Service (or any portion thereof).
7) Customer Account, Password and Security
The Customer will receive a password, mobile installation code and account designation upon completing the PayAdvisorMobile® Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Opus Software Solutions Pte. Ltd. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Opus Software Solutions Pte. Ltd. cannot and will not be liable for any loss or damage arising from your failure to comply with aforementioned.
8) Customer Conduct
The Customer understands that all information, data, text or other materials (“Content”) are the sole responsibility of the person from whom such Content originated. This means that you, and not Opus Software Solutions Pte. Ltd., are entirely responsible for all Content that you and your appointed Users to transmit or otherwise make available via the PayAdvisorMobile® Service. Opus Software Solutions Pte. Ltd. does not control the Content posted via the PayAdvisorMobile® Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will PayAdvisorMobile® be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via PayAdvisorMobile® Service.
You acknowledge, consent and agree that PayAdvisorMobile® Service may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for Customer service; or (v) protect the rights, property or personal safety of Opus Software Solutions Pte. Ltd., its employees and the public.
You understand that the PayAdvisorMobile® Service and software embodied within the PayAdvisorMobile® Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by COpus Software Solutions Pte. Ltd. and/or content providers who provide content to the PayAdvisorMobile® Services. You may not attempt to override or circumvent any of the usage rules embedded into the PayAdvisorMobile® Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the PayAdvisorMobile® Services, in whole or in part, is strictly prohibited.
9) Payment Options
Opus Software Solutions Pte. Ltd. accepts payments in advance by cashier’s cheque, money order, or by company cheque mailed to address at 8 Burn Road #06-09 Trivex Singapore 369977. Payments made in advance by company cheque may take up to 3 working days for the cheque to be cleared by bank before access to PayAdvisorMobile® Service will be available. Call or email us for more information.
10) Contributions to PayAdvisorMobile® Service
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to PayAdvisorMobile® Service through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Opus Software Solutions Pte. Ltd. is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Opus Software Solutions Pte. Ltd. shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Opus Software Solutions Pte. Ltd. may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Opus Software Solutions Pte. Ltd. without any obligation of Opus Software Solutions Pte. Ltd. to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Opus Software Solutions Pte. Ltd. under any circumstances.
You agree to indemnify and hold Opus Software Solutions Pte. Ltd. and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through PayAdvisorMobile® Services, your use of PayAdvisorMobile® Services, your connection to PayAdvisorMobile® Services, your violation of the TOS, or your violation of any rights of another.
12) General Practices regarding Use and Storage
The Customer acknowledges that Opus Software Solutions Pte. Ltd. reserves the right to log off inactive accounts after expiry of all licenses for 12 months. You further acknowledge that Opus Software Solutions Pte. Ltd. reserves the right to modify these general practices and limits from time to time.
The Customer may terminate your PayAdvisorMobile® Service account, PayAdvisorMobile® Service by submitting such termination request to Opus Software Solutions Pte. Ltd. without any refund of unused license(s) or before the expiry date(s) of license(s).
You agree that Opus Software Solutions Pte. Ltd. may, without prior notice, immediately terminate, limit your access to or suspend your PayAdvisorMobile® Service account, and access to the PayAdvisorMobile® Service. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the PayAdvisorMobile® Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the PayAdvisorMobile® Service. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Opus Software Solutions Pte. Ltd.’s sole discretion and that Opus Software Solutions Pte. Ltd. shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the PayAdvisorMobile® Service.
Termination of your PayAdvisorMobile® Service account includes any or all of the following: (a) removal of access to all or part of the offerings within the PayAdvisorMobile® Service and (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof).
14) PayAdvisorMobile®’s Proprietary Rights
The Customer acknowledges and agrees that the PayAdvisorMobile® Service and any necessary software used in connection with the PayAdvisorMobile® Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Opus Software Solutions Pte. Ltd. grants you a personal, non-transferable and non-exclusive right and license to use the Software on your designated computers or mobile devices; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to access the Software by any means other than through the interface that is provided by Opus Software Solutions Pte. Ltd. for use in accessing the Software.
15) Disclaimer of Warranties
The Customer expressly understands and agrees that:
Your use of PayAdvisorMobile® Service and software are at your sole risk. PayAdvisorMobile® Service and software are provided on an “as is” and “as available” basis. Opus Software Solutions Pte. Ltd. and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Opus Software Solutions Pte. Ltd. and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the PayAdvisorMobile® Service or software will meet your requirements; (ii) the PayAdvisorMobile® Service or software will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the PayAdvisorMobile® Service or software will be accurate or reliable; (v) the quality of any products, services, information or other material purchased or obtained by you through the PayAdvisorMobile® Service or software will meet your expectations; and (v) any errors in the PayAdvisorMobile® Service will be corrected.
16) Limitation of Liability
The Customer expressly understands and agrees that Opus Software Solutions Pte. Ltd. and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Opus Software Solutions Pte. Ltd. has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the PayAdvisorMobile® service; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the PayAdvisorMobile® Service; or (e) any other matter relating to the PayAdvisorMobile® Service.
PayAdvisorMobile® Service may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the PayAdvisorMobile® Service, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the PayAdvisorMobile® Service in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the PayAdvisorMobile® Service in an authorized manner.
18) Trademark Information
The Customer agrees that all of Opus Software Solutions Pte. Ltd.’s trademarks, trade names, service marks and other PayAdvisorMobile® Service logos and brand features, and product and service names are trademarks and the property of Opus Software Solutions Pte. Ltd.. Without Opus Software Solutions Pte. Ltd.’s prior permission, you agree not to display or use in any manner the PayAdvisorMobile® Service Marks
19) Notice and Procedure for making Claims of Copyright or Intellectual Property Infringement
Opus Software Solutions Pte. Ltd. respects the intellectual property of others, and we ask our Customers and Users to do the same. Opus Software Solutions Pte. Ltd. may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of the Customers and Users who may be repeat infringers.
20) Data Privacy
Opus Software Solutions Pte. Ltd. respects the data privacy of our clients. Opus Software Solutions Pte. Ltd. do not intentionally use our clients’ data for any purpose other than it being in PayAdvisorMobile® for our clients’ usage.
21) General Information
20.1) Entire Agreement. The TOS constitutes the entire agreement between you and Opus Software Solutions Pte. Ltd. and governs your use of the PayAdvisorMobile® Service, superseding any prior version of this TOS between you and Opus Software Solutions Pte. Ltd. with respect to the PayAdvisorMobile® Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other PayAdvisorMobile® Service, affiliate services or third-party software.
20.2) Waiver and Severability of Terms. The failure of Opus Software Solutions Pte. Ltd. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
20.3) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the PayAdvisorMobile® Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOS to Opus Software Solutions Pte. Ltd.