Terms and Conditions

Please read the following agreement carefully. Acceptance of this document is required before you can sign up with eNETEmployer.

eNETEmployer Internet Service Agreement

READ THIS INTERNET SERVICE AGREEMENT CAREFULLY BEFORE USING OUR INTERNET SERVICES.

1. INTRODUCTION.

CanPay Software Inc. ("CanPay") provides its Internet services, as they may exist from time to time, to registered users ("Members") who pay a service fee for per-employee payroll processing ("Services"). Members must subscribe to the Services by establishing an account and agreeing to the terms and conditions outlined in this document. By establishing an account, Members agree to be bound by this Agreement and to use the Services in compliance with this Agreement.

If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10.

2. SUBSCRIPTION REQUIREMENTS.

The use of eNETEmployer ("the software") requires Internet access and the latest version of an Internet browser with Java capabilities. It is the member's responsibility to meet these requirements. CanPay Services are charged on a fee for service basis. Current prices for CanPay's Services are posted on our website at http://www.enetemployer.com. CanPay reserves the right to change prices and institute new fees at any

3. PAYMENT OBLIGATIONS OF A MEMBER.

(a) Members must (i) provide CanPay with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to CanPay all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.

(b) Members having questions regarding charges to an account should contact CanPay's Customer Service Department at: admin@enetemployer.com. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that exceed 60 days.

(c) Charges are billed to Members' credit cards or debit cards, as applicable, as they occur. Billing costs are applied for only those cheques issued to employees, not for each employee in an existing payroll (i.e. if your company has 50 employees and you issue cheques to only 25 on a given payroll cycle, your cost = 25 cheques). CanPay is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by CanPay. CanPay will provide to the primary account contact, an e-mail of the total billing charges.

(d) CanPay accepts payment only by credit cards or direct debit authorization. CanPay does not accept any other form of payment (e.g. cheque, prepayment plan, automatic billing, third party payment plan, etc.).

(g) Delinquent accounts may be suspended or cancelled at CanPay's sole discretion. CanPay may bill an additional charge to reinstate a suspended account. If a Member fails to pay CanPay any amounts due, whether deliberate or accidental, the Member's account will be subject to suspension or cancellation until the Member has paid all amounts due.

4. MEMBER'S ACCOUNT, PASSWORD AND SECURITY.

Upon registration, Members receive a user name, password and account designation. You and members of your business, are the only authorized users of your CanPay account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify CanPay immediately upon discovering any unauthorized use of your account.

CanPay may, at its discretion and from time to time, transfer client data to a compressed temporary file or storage for maintenance and backup purposes. Such transfers will not effect Services and Members involved in such transfers will not be notified. CanPay will delete such temporary files once the maintenance and/or backup operations are complete.

To optimize program performance, CanPay will perform annual purges of payroll data that exceeds 3 years. Annual notices will be provided in advance of each purge, including instructions on how to archive the data outside of the program.

CanPay reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and account designations are CanPay's property and CanPay may alter or replace them at any time.

5. MONITORING THE SERVICES.

CanPay has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if CanPay, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. CanPay may immediately remove your material or information from CanPay's servers, in whole or in part, which CanPay, in its sole and absolute discretion, determines to violate this agreement.

6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY CANPAY, CANPAY DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALTHOUGH CANPAY TAKES NECESSARY PRECAUTIONS TO ENSURE ONGOING, RELIABLE SERVICES, CANPAY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS.

CANPAY MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES. NO ADVICE OR INFORMATION GIVEN BY CANPAY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. CANPAY AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, CANPAY'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

7. SOFTWARE LICENSE.

CanPay grants to each Member a non-transferable and non-assignable account to access and use the software (including software from third-party vendors that CanPay software requires). Each Member agrees to use the software solely in conjunction with the Services and for no other purpose. CanPay may modify the software at any time, for any reason, and without providing notice of such modification to a Member.

The software constitutes confidential and proprietary information of CanPay and CanPay's licensors and embody trade secrets and intellectual property protected under Canadian copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the software, including associated intellectual property rights, are and shall remain with CanPay and CanPay's licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket or otherwise dispose of the software or any part thereof.

You may not download, use or otherwise export or re-export the software or any underlying information or technology except by written consent from CanPay.

8. WEBSITE USAGE.

Our site on the World Wide Web with its home pages in the domain "enetemployer.com" or any other site operated by CanPay (the "Website") is a complimentary information service offered by CanPay at no charge to users.

We may provide links on the Website to other websites which are not under our control. In general, any website which has an address (or URL) which does not contain "enetemployer.com" is such a website. These links are provided for convenience only and are not intended as an endorsement by CanPay of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

You may provide a hypertext link to our Website on another website, provided that: (a) the link must be clearly marked "CanPay" or "eNETEmployer", (b) the link must "point" to the URL "http://www.enetemployer.com" or "www.enetemployer.com" and not to any other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by CanPay, (e) the link, when activated by a user, must display the eNETEmployer website page in a full-screen, and not within a "frame" on the linked website, and (f) CanPay may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Website must be approved in writing by CanPay.

Some portions of the Website are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by CanPay. CanPay assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold CanPay harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify CanPay from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Website is posted at your own risk. CanPay will have no liability arising from use of that information . You shall not use the Website to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Website.

Your posting of material on the Website or providing material to CanPay to use on the Website will be deemed to be a grant by you to CanPay of a license to the material to include the material on the Website and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.

9. TERM OF AGREEMENT.

Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.

10. TERMINATION.

You may terminate your account at any time and for any reason by providing notice of intent to terminate to CanPay by:

  • e-mail to admin@enetemployer.com; or
  • registered or certified mail, return receipt requested addressed to Canadian Payroll Systems Inc., Customer Service, 411 Goulet Street, Winnipeg, MB, R2H 3C7.

Your termination will be complete upon your receipt and confirmation of a Termination e-mail from CanPay. If your account includes data on CanPay's servers, anything stored on this space will be deleted upon termination.

Without prior notice, CanPay may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if CanPay, in its sole discretion, believes you have violated this Agreement, or if you fail to pay any charges when due. CanPay may provide termination notice to you by: e-mail addressed to your e-mail account or by regular mail to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of regular mailing.

11. MISCELLANEOUS.

This Agreement and CanPay's other user policies posted on CanPay's website constitute the entire agreement between you and CanPay with respect to your use of the Services.

CanPay may revise, amend, or modify this Agreement and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on CanPay's web site (http://www.enetemployer.com) and/or by e-mail and/or in our various publications and mailings to Members.

Revised, Jan. 5, 2018

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