By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to SmartOffice payroll & Biometrics solutions Private Limited.
SmartOffice payroll & Biometrics solutions Private Limited, hence forth referred to as “SmartOffice” is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The Smartoffice 365 app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the SmartOffice 365 app won’t work properly or at all.
The app does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the app
You should be aware that there are certain things that SmartOffice will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but SmartOffice cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
We are using GeoLocation to fetch the current location for attendance marking purpose if you want to access the location all the time like for Geo-Fencing or GeoTracking then you need to provide the location permission as Allow all the time We are using Physical Activity permission to check how much duration the user has travelled to pay the allowance
Along the same lines, SmartOffice cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, SmartOffice cannot accept responsibility.
With respect to SmartOffice’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. SmartOffice accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android – the requirements for system(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. SmartOffice does not promise that it will always update the app so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time. A notice about any such amendment might be sent to you, either via email, our website, our blog or through any other public medium. In any case you are expected to go through these terms of service, once in a year whenever you are renewing any agreement with us. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. You expressly understand and agree that SmartOffice shall not be liable for any direct, 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 SmartOffice has been advised of the possibility of such damages), resulting from your usage of the Service.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. By using the Site you agree to our use, collection, and disclosure of personally identifiable information in accordance with the Privacy Policy.
If you register for an account on the Site, you agree to:
Provide accurate, current, and complete information as may be prompted by any registration/signup forms on the Site (“Registration Data”)
Maintain the security of your password
Maintain and promptly update the Registration Data, and any other information you provide to SmartOffice and to keep it accurate, current, and complete
Accept all risks of unauthorized access to the Registration Data and any other information you provide to SmartOffice. You are responsible for all activity on your SmartOffice account, and for all charges incurred by your SmartOffice account
We represent and warrant that:
Our website’s (www.Smartofficepayroll.com, www.so365.in, www.sohcm.com) shall run with an up-time of [97]% (“Service Level”); and
From time to time, we may temporarily suspend access to the website for routine maintenance and software upgrade tasks. This temporary suspension for maintenance and software upgrade may be carried out without prior notice, but such cases would be of a very short duration. In case of longer durations, we will try to keep you informed.
We will only be answerable to customers who have purchased software & services directly from us.
There might also be unforeseen/unexpected urgent maintenance/software upgrades required which be carried out ad hoc with or without prior notice (although we expect this to happen rarely).
We do not warrant that:The service will always meet your requirements or expectations.
The service will always be uninterrupted, timely, secure, bug or error-free.
The services purchased from channel partners will be our responsibility.
The calculations performed by the service are always 100% accurate.
Any errors or bugs in the service will always be corrected immediately or as soon as possible.
You expressly understand and agree that SmartOffice shall not be liable for any direct, 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 SmartOffice has been advised of the possibility of such damages), resulting from your usage of the Service.
We do not represent or warrant that the Site will be error-free, free of viruses, or other harmful components. We will make all possible efforts to correct any errors/defects that are brought to our notice. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the Site at any time without notice. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Your license for access and use of the Site and any information, materials, or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not:
1. Copy, print (except for the express limited purpose mentioned in this agreement), republish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from there
2. Use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism
3. Create compilations or derivative works of any Content and Materials from the Site
4. Use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties
5. Remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site
6. Make any portion of the Site available through the Internet or any other technology existing now or developed in the future
7. Remove, decompile, disassemble, or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture
8. Use any automatic or manual process to harvest information from the Site
9. Use the Site for the purpose of gathering information for or transmitting: unsolicited commercial email, email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing, unsolicited telephone calls or facsimile transmissions.
10. Use the Site in a manner that violates any state or national law regulating email, facsimile transmissions or telephone solicitations
11. Export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of India
You represent and warrant that:
Any payment information you supply is true and complete
Charges incurred by you will be honoured by you, your bank, your debit card, or your credit card company
You will pay the charges incurred by you at the agreed upon prices, including any applicable taxes
Payments for your use of the Service are calculated on a per employee/user basis, within your company’s SmartOffice account. Each account registered by you that utilizes a paid (not free) plan, will incur periodic charges. These periodic charges can be billed to the credit card, debit card, or your bank account (via an online or offline mode). In either case, you understand and agree that you, as the SmartOffice account holder, are ultimately responsible for payment for every user/employee under your account.
1. Our service is offered as a periodic subscription, calculated on monthly pricing basis and offered through an annual / half yearly / quarterly payment plan, as agreed between us.
2. Your subscription plan pricing will be determined based on the number of employees and combination of product modules you’ve chosen.
3. The service is billed in advance for the subscribed period.
4. For any upgrade or downgrade in plan level, depending on the method of Payment you have chosen, you will be charged accordingly. If you have used your credit card or debit card, our system will automatically charge the new rate on your next billing cycle.
5. Downgrading your Service may cause the loss of content, features, or capacity of your Account. SmartOffice does not accept any liability for such loss.
6. All prices listed on the website may be displayed in INR (Indian Rupees) or USD (US Dollars).
7. In order to treat everyone equally, no exceptions will be made for any payment terms listed in this agreement.
1. There is no separate deactivation/cancellation fee, over and above the subscription fee you may have paid for using your account (if any).
2. All the data present in your account will be immediately inaccessible, and it will be deleted from our servers after specific time when the system sees there is no activity in an account. Once your account is deleted, your data cannot be recovered.
3. Once your account is deleted, there will be no charge/fee billed after the end of any already paid subscription of the account.
4. SmartOffice may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In such case, SmartOffice will give you temporary access or option to download all your account data as-is, before or after termination of service.
5. SmartOffice reserves the right to refuse service to anyone for any reason at any time.
6. Accounts that are inactive (not logged-in)/idle/deactivated/cancelled for more than 3 months (90 days) will be removed permanently from our servers. In data loss caused due to this deletion is not our responsibility.
7. No refund will be provided if the customer decides to discontinue services during or after the end of his on-going subscription tenure.
1. SmartOffice reserves the right at any time and from time to time to modify or temporarily discontinue, the Service (or any part thereof) with or without notice. Temporary discontinuation will only occur in case of special circumstances such as unexpected or unavoidable software errors, security issues or legal obligations. In such circumstances, it may or may not be possible to give prior notice.
2. Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon 30 days prior notice from us.
3. Such notice may be provided to you at any time by giving a prior written notice of 30 days in addition to posting the changes to the SmartOffice Web Site Smartofficepayroll.com, over the email or in the Service itself.
4. SmartOffice shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site, except as allowed in this Agreement, is strictly prohibited. Some of the content on the site is the copyrighted work of third parties.
You are granted a non-exclusive, non-transferable, revocable license.
1. To access and use the Site strictly in accordance with this Agreement
2. To use the Site solely for internal, personal, non-commercial purposes
3. To print out discrete information from the Site solely for internal, personal, and non-commercial purposes, and provided that you maintain all copyright and other policies contained therein.
The services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
A. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from
1. Any errors in or omissions from the Site or any services or products obtainable there from
2. The unavailability or interruption of the Site or any features thereof
3. Your use of the Site
4. The content contained on the Site
5. Any delay or failure in performance beyond the control of a Covered Party.
B. THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR UNDER THIS AGREEMENT (INCLUDING IN RELATION TO THE INDEMNIFICATION CLAUSE ABOVE) SHALL NOT EXCEED THE TOTAL AMOUNT OF PAYMENTS MADE DURING THE TERM OF THIS AGREEMENT AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2021-10-27
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at software@smartofficepayroll.com.