Terms of Service
Last updated: 22rd March 2017
Please ensure that you take the time to read these terms of service carefully before you use this site.
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1. TERMS OF SERVICE
- 1.1. The terms of service (Terms of Service) set forth below, apply to all visitors to and users of our Employer Portal (whether you are a registered Salary Board account holder or not, and whether you pay for a subscription to any of our Services; or are using our Services as a non-paying user; or on a free trial basis). The Terms of Service govern your use and access to our services, including our website (Site), online and offline applications or application plug-ins running on any platform or device (Applications), application programming interfaces (APIs), and email notifications (collectively referred to as Services), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as Content).
- 1.2. By accessing and using the Service you accept these Terms of Service and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.
- 1.3. In these Terms of Service, the words “you” and “your” refer to each customer, Site visitor or Application user “we”, ”us”, “our” and “Salary Board” refer to Salary Board Pte Ltd, a limited liability company registered in Singapore, having its principal place of business at Blk. 79 Ayer Rajah Crescent #04-04, Singapore, 139955.
- 1.4. If you are entering into these Terms of Service on behalf of a company, partnership, sole proprietorship or other legal entity (Entity), you represent that you have the legal authority to bind such entity to these Terms of Service, in which case the terms “you” or “your” shall refer to such Entity. If you do not have such authority or you do not agree with these Terms of Service, you must not use this Site, our Applications or any of our Services. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we may, but are not obliged, to require additional authentication from you.
- 1.5. OUR SERVICES ARE NOT INTENDED FOR MINORS. YOU AGREE THAT BY USING THE SITE, APPLICATIONS AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
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2. CHANGES OF TERMS
- 2.1. We may amend the Terms of Service from time to time in our sole discretion without notice or liability to you. It is your responsibility to review these Terms of Service periodically. By continuing to use the Services following such amendments to the Terms of Service, you agree to be bound by such amendments. If you do not agree to the Terms of Service, now or at any time, please do not use the Site or any Applications.
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3. SERVICE DESCRIPTION
- 3.1. Salary Board provides access to software tools for businesses that choose to run the compensation management processes internally. Salary Board hosts these software tools in the cloud. The Site and Applications include market pay data and tools that support businesses in the preparation of their own pay policies.
- 3.2. Salary Board strives to keep the market pay data accurate, current and up-to-date. However, because the certain pay rates change rapidly, Salary Board cannot guarantee that all of the information on the Site or Applications is completely current. If you need business advice for a specific problem you should engage a HR Consultant.
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4. CHANGES TO OUR SERVICES
- 4.1. Because the Services that we provide are always evolving, their form and nature may change from time to time and we may not be able to give you prior notice. In addition, we may stop (permanently or temporarily) providing features within the Services, to you or to users generally. Wherever possible we will try to provide you with prior warning of a disruptive event.
- 4.2. We may offer certain Services as closed or open beta services (Beta Service or Beta Services) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Salary Board will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
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5. LICENSE AND SUBSCRIPTION FEE
- 5.1. Salary Board gives you a worldwide, royalty-free, non-assignable, non-exclusive and revocable license to use the software that is provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Salary Board, in the manner permitted by these Terms of Service.
- 5.2. You will be charged a monthly, bi-monthly (every two months), quarterly or annual Subscription Fee. The amount of this fee and its frequency is explained to you at the time that you register for a premium subscription (Payment Terms). The Subscription Fee will be billed automatically to your payment vehicle, which may include credit or debit card, PayPal account and/or debit account (each a Billing Device) during the initial subscription term and at each renewal term. Salary Board may from time to time change the Subscription Fee during any renewal term (but will not change the Subscription Fee in relation to the initial term). You will be notified fifteen (15) days in advance of any revised charge applying.
- 5.3. Payment of the Subscription Fee or acceptance or use of the Service will constitute your acceptance of all these Terms of Service.
- 5.4. Salary Board’s website uses SSL. Salary Board has put in place all reasonable measures to protect sensitive information supplied by you and due to this, Salary Board never has access to your credit card details. Only the credit card payment solution provider will have the confidential information (such as card number and validity dates) which is inaccessible by third parties.
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6. RENEWAL
- 6.1. Unless you notify us of your intention not to renew and/or to cancel as set forth in Section 9 the Subscription and these Terms of Service will be renewed automatically, effective the first day following the conclusion of the then-current term.
- 6.2. You authorize Salary Board to bill the Subscription Fee for each renewal term to the most current Billing Device which Salary Board has in its files for you.
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7. USE OF SERVICE
- 7.1. As a paying user or subscriber to any Subscription Plan, we authorize you to use our Content for which you agree to pay us in accordance with the relevant Subscription Fee and in accordance with our Payment Terms.
- 7.2. Each Subscription Plan can only be used by one business entity. Additional business entities can be added to your Subscription Plan for an additional fee.
- 7.3. Passwords
- 7.3.1. To access our Applications and use our Services, you must register for a Salary Board account. During account registration, you will be asked to provide details including your first name, last name, email address and a preferred password. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You must use "h4" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. Salary Board cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
- 7.3.2. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
- 7.3.3. If you know or suspect that anyone other than you knows your password, you must promptly notify us at [email protected].
- 7.4. You may:
- 7.4.1. View Job Insights, Workforce Metrics, generate Employee Insights, Price Candidates and print out Content for your own business purposes, subject to a fair usage limit to be imposed at our absolute discretion from time to time;
- 7.4.2. (in the case that you are a professional services firm, whose practice and business is advising clients on, amongst others, compensation management) View Job Insights, Workforce Metrics, generate Employee Insights, Price Candidates and customize Content for the purposes on which you are advising on a reasonable, non-systematic basis that is not commercially prejudicial to us and subject to a fair usage limit to be imposed at our absolute discretion from time to time;
- 7.4.3. re-use the documents for your personal use or for the purposes of your business.
- 7.5. You agree not to:
- 7.5.1. use the Site or Services for unauthorized or unlawful purposes (unauthorized use of the Site and any of our Services may be a criminal offence and/or give rise to a claim for damages);
- 7.5.2. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services;
- 7.5.3. modify, translate, or create derivative works based on the Services (except to the extent expressly permitted by Salary Board or authorized within the Services);
- 7.5.4. re-sell any information you have gained access to on this Site;
- 7.5.5. re-sell or attempt to benefit in a commercial fashion from any of the Content available on the Site;
- 7.5.6. collect information about others on the Site without their consent.
- 7.5.7. access, tamper with Salary Board’s computer systems, or the technical delivery systems of our providers;
- 7.5.8. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- 7.5.9. access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those Terms of Service);
- 7.5.10. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
- 7.5.11. interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail- bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
- 7.6. You are not permitted to copy, reproduce, transmit electronically or otherwise use the Content in whole or in part in order to re-sell them in any manner, whether in original form or amended in any way;
- 7.7. Scraping the Services without our prior consent is expressly prohibited.
- 7.8. Fair usage limit
- 7.8.1. You are authorized to create and download no more than 15 reports per 24 hour period. If you exceed this limit then Salary Board is entitled to suspend or terminate your account.
- 7.8.2. Additionally and notwithstanding (a) above, we reserve the right to suspend or terminate your account is we believe that you are not using our compensation management software in a way that is consistent with your own business use, and any such determination will be made by Salary Board in our absolute discretion.
- 7.8.3. We will be entitled to apply (b) above where we have any suspicion that the individual or business subscribing to our Service is in any way connected with a competitor or potential competitor of Salary Board wherever based, and regardless of whether or not Salary Board operates in the jurisdiction of the user.
- 7.9. Multiple logins
- 7.9.1. Salary Board allows businesses to enter into legally binding contracts, and such contracts should only be entered into by those with the authority to do so. Sharing your login details may enable another individual to enter into a contract on behalf of your business without the authority to do so, and therefore under no circumstances should login details be shared with others.
- 7.9.2. Where we detect that a login has been used by multiple users, we will treat this as a serious breach of security and reserve the right to suspend or terminate your account.
- 7.9.3. It is your obligation to ensure that you obtain sufficient separate logins for all users in your business, and that all users are made aware that they should not provide details of login details to any other person.
- 7.10. You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.
8.CUSTOMER SUPPORT
- 8.1. We will provide Customer Support to you via chat and electronic mail on weekdays during the hours of 9:30 am through 6:00 pm Singapore time, with the exclusion of Public Holidays (Support Hours). You may initiate a helpdesk ticket at any time by emailing [email protected].
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9. TERMINATION
- 9.1. The Terms of Service will continue to apply until terminated by either you or us as follows:
- 9.1.1. You may end your agreement with us at any time for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services. If you choose to deactivate your account, your account will be archived but open for reactivation at any time.
- 9.1.2. If you have paid for a quarterly subscription with us, and you request to cancel your subscription, then you have the option to request a pro-rata refund of the Subscription Fee paid for the then-current period only if: (i) you make your request in writing prior to the end of that subscription period (by writing us at [email protected]) and (ii) you have generated a maximum of 3 reports (Job Insights, Employee Report or Candidate Report) during the then-current period.
- 9.2. If you choose to downgrade your account from any Premium Subscription (Start-up, Small Company, Mid-size or any other paying subscription), then you are not entitled to a refund of the difference.
- 9.3. We may suspend or terminate your account or cease providing you with all or part of the Services if we reasonably believe: (i) you have violated these Terms of Service; or (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer possible; or (iv) you provided an invalid Billing Device. An invalid Billing Device may include a lost or stolen card; a card that is not billable (i.e. a closed account or an account over its spending limit); or an invalid account or credit card number. In all events, we will try to notify you by the email address associated with your account or the next time you attempt to access your account.
- 9.4. Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 4.
- 9.1. The Terms of Service will continue to apply until terminated by either you or us as follows:
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10. INTELLECTUAL PROPERTY RIGHTS
- 10.1. All intellectual property rights subsisting in respect of the Services belong to Salary Board Pte Ltd or have been lawfully licensed to Salary Board Pte Ltd for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as our Site is copyrighted under applicable laws.
- 10.2. You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (Feedback) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
- 10.3. You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, for example through submissions made in an Employee Report, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, process, adapt and modify such Content, except as otherwise provided in our Privacy Policy statement. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
- 10.4. For the avoidance of doubt, any Content you submit during the Add Employee, Add Candidate and Add Job process, will only be used by us for customer research, to improve our customer experience, and to provide you with services that are the most relevant to your business. We will never use the data collected in any other way without your specific consent (save in accordance with law or regulation).
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11. WARRANTY
- 11.1. Salary Board shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Salary Board or by third-party providers, or because of other causes beyond Salary Board’s reasonable control, but Salary Board shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, SALARY BOARD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND SALARY BOARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- 11.2. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software.
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12. INDEMNITY
- 12.1. You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the Site. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action.
13. LIMITATION OF LIABILITY
- 13.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY, SALARY BOARD AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY:
- 13.1.1. FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS;
- 13.1.2. FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES;
- 13.1.3. FOR ANY MATTER BEYOND SALARY BOARD’S REASONABLE CONTROL; OR
- 13.1.4. FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 13.2. The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.
- 13.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY, SALARY BOARD AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY:
14. USE OF INFORMATION
- 14.1. The information you supply is stored securely and used by us only to administer your account. Information may be disclosed to regulatory bodies and/or your bank or card issuer and/or our subcontractors for the purposes of providing the Service.
- 14.2. By accepting these Terms of Service, you give your consent to the transfer of data outside Singapore including to EEA and USA (including to a sister company of Salary Board Pte Ltd) for the purposes of data processing relating to the provision of the Service. WHERE WE HAVE YOUR CONSENT, your details may also be used by us or passed to carefully selected third parties.
- 14.3. Your data may also be disclosed to third parties where required by law or in the event that we merge with or are bought by another company, or otherwise undergo a corporate restructuring.
15. DATA SECURITY
- 15.1. We are committed to protecting the confidentiality and integrity of the information you submit. Our secure server encrypts all information so that it cannot be read as the information travels over the Internet.
- 15.2. Industry standard security measures are used which is made available through your browser called Secure Socket Layer (SSL). SSL protocol is used to safeguard your sensitive employee information. Using this widely accepted form of encryption, your information transfer is secured from your work computer to the computer processing your request. All employee information and any other information are encrypted as it travels over the Internet. All information is stored in encrypted form on our servers. The server is also not accessible through the Internet.
16. GOVERNING LAW
- 16.1. Any dispute between Salary Board and you arising out of or in connection with these Terms of Service, including any question regarding its existence, validity or termination, shall be first submitted to the Singapore Mediation Centre for resolution by mediation in accordance with the Mediation Procedure for the time being in force. The parties agree to participate in the mediation in good faith and undertake to abide by the terms of any settlement reached.
- 16.2. If the dispute cannot be resolved by mediation within 30 days of commencement of the mediation or within such further period as the parties may agree in writing, the dispute shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
17. PARTIAL INVALIDITY
- 17.1. The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
18. NO WAIVER
- 18.1. No waiver of any breach under these Terms of Service will amount to a waiver of any other breach. The headings in these Terms of Service are for convenience only and do not affect interpretation.