Terms of Service

Welcome to Paysense. These Terms of Service govern your use of the Paysense website and services operated by FW Digital Pty Ltd (trading as "Paysense Services"). By accessing or using our services, you agree to be bound by these terms.

1. Acceptance of Terms

By accessing or using the Paysense website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

2. Service Description

Paysense is an Australian payroll Software-as-a-Service (SaaS) platform designed to streamline payroll operations for businesses. Our services include:

• API-first payroll processing solutions
• Single Touch Payroll (STP) integration and reporting
• Australian Tax Office (ATO) compliance management
• Superannuation integration and processing
• White-label payroll solutions for partners and resellers
• Enterprise-grade security and data management

3. Confidentiality and Data Security

3.1 Confidentiality Obligations

Paysense Services is committed to maintaining the confidentiality of all client information. Both parties agree that:

• All information exchanged in connection with the use of Paysense services, including but not limited to employee data, payroll information, business operations, and financial details, shall be treated as confidential ("Confidential Information").
• Confidential Information shall not be disclosed to any third party without prior written consent, except as required by law or as necessary to fulfill service obligations (e.g., STP reporting to the ATO).
• Each party shall use the same degree of care to protect Confidential Information as it uses to protect its own confidential information, but no less than reasonable care.
• Confidential Information shall only be used for the purposes of providing or receiving data via Paysense services and shall not be used for any other purpose without express written consent.

3.2 Data Security Measures

Paysense Services implements industry-standard security measures to protect your data, including:

• End-to-end encryption of sensitive data in transit and at rest
• Regular security audits and vulnerability assessments
• Access controls and authentication mechanisms
• Compliance with ISO 27001 information security standards
• Secure data centers with redundancy and backup systems
• Employee training on data protection and confidentiality requirements

3.3 Data Breach Notification

In the unlikely event of a data breach that may compromise your Confidential Information, Paysense Services will notify affected parties within 72 hours of becoming aware of the breach and will take immediate steps to mitigate any harm.

3.4 Data Retention and Disposal

Your data will be retained for the duration necessary to provide services and meet legal obligations. Upon termination of services or at your request, data will be securely deleted in accordance with our data retention policy and applicable Australian privacy laws.

4. User Responsibilities

As a user of Paysense services, you agree to:

• Provide accurate and complete information when registering for or using our services
• Maintain the security of your account credentials and promptly notify us of any unauthorized access
• Ensure all employee data provided is accurate and you have the necessary consent to process such data
• Comply with all applicable Australian employment, taxation, and privacy laws
• Use the services only for lawful purposes and in accordance with these Terms
• Not attempt to gain unauthorized access to any portion of the service or any other systems or networks
• Maintain confidentiality of any information received through the Paysense platform

5. Copyright and Intellectual Property

All content, features, and functionality of the Paysense platform, including but not limited to text, graphics, logos, icons, images, audio clips, software, and data compilations, are the exclusive property of FW Digital Pty Ltd or its licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.

You may not:

• Reproduce, distribute, modify, or create derivative works from any content without express written permission
• Use Paysense trademarks, logos, or branding in any manner without prior written consent
• Reverse engineer, decompile, or disassemble any portion of the Paysense platform
• Use any automated systems or software to extract data from the platform for commercial purposes

6. Electronic Communications

By using Paysense services, you consent to receive electronic communications from us. These communications may include notices about your account, service updates, and promotional messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

7. Disclaimer of Warranties

Important: Nothing in these Terms excludes or limits our liability for matters that cannot be excluded or limited under the Australian Consumer Law or other applicable consumer protection laws.

Paysense Services shall not be liable for any direct, indirect, or consequential damages whatsoever arising from the use of our services. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

8. Limitation of Liability

To the maximum extent permitted by Australian law, and subject to any rights you have under the Australian Consumer Law:

Our total aggregate liability for all claims arising from Paysense services (however arising, whether in contract, tort (including negligence), under statute, or otherwise, and whether caused by an error, defect or omission in the Services, including calculation, tax table, or software errors, or by data provided by you) is limited to the Subscription Fees you paid in the 12 months prior to the claim.

You acknowledge that:

• Paysense is payroll software requiring professional oversight
• You are responsible for validating all calculations before submitting to ATO or paying employees
• You should engage qualified payroll professionals to review outputs
• Accurate payroll processing depends on accurate data input

We will use reasonable care and skill in providing Paysense services and maintaining calculation accuracy, but we cannot guarantee error-free operation.

8A. Pilot Program

During the period in which you participate in the Paysense pilot program (the "Pilot Period"), the Services are made available on a trial and evaluation basis. You acknowledge that the Services may not yet reflect the reliability, support levels, or feature completeness of Paysense's generally available product, and you agree to independently verify all pay run outputs before relying on them, in accordance with clause 12, before every pay run during the Pilot Period.

This clause 8A, and the Pilot Period liability position it describes, does not set a precedent for, and is not binding on, the liability position under Paysense's general terms of service once the Pilot Period ends.

9. Indemnification

You agree to indemnify, defend, and hold harmless FW Digital Pty Ltd, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Paysense services
• Your violation of these Terms of Service
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any breach of your confidentiality obligations
• Any inaccurate or unlawful data you provide to the platform

10. Links to Third-Party Sites, Integration Partners, and Force Majeure

The Paysense website may contain links to third-party websites, services, or integration partners that are not owned or controlled by FW Digital Pty Ltd. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites, services, or integration partners. You acknowledge and agree that Paysense Services shall not be responsible or liable for any damage or loss caused by your use of any third-party content, goods, services, or integration partner.

Force Majeure. Paysense is not liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from circumstances beyond its reasonable control, including outages of ATO or government systems, internet or telecommunications failures, superannuation clearing house or banking system failures, natural disasters, industrial action, or governmental action.

11. Prohibited Uses

You agree not to use the Paysense platform to:

• Engage in any unlawful or fraudulent activity
• Violate any applicable local, state, national, or international law
• Transmit any viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the platform or related systems
• Use any automated means (including bots, scrapers, or crawlers) to access the service
• Interfere with or disrupt the integrity or performance of the platform
• Impersonate any person or entity or falsely state or misrepresent your affiliation
• Collect or store personal data about other users without their consent
• Use the service for any commercial purpose not explicitly authorized by these Terms

12. Tax and Payroll Compliance Responsibility

While Paysense provides tools to assist with payroll compliance, you remain solely responsible for:

• Ensuring all payroll submissions are accurate and comply with applicable laws
• Maintaining adequate internal controls and validation procedures
• Reviewing and approving each pay run (including gross pay, tax withheld, net and superannuation) before finalisation; your approval or finalisation of a pay run is deemed confirmation that you have checked the outputs for accuracy
• Engaging appropriate professional advisors as needed

Paysense does not replace professional accounting or payroll advice.

13. Tax and Financial Advice Disclaimer

Important Notice: FW Digital Pty Ltd is not a registered tax agent or financial advisor. The Paysense platform provides payroll processing tools and compliance assistance but does not constitute professional tax, legal, or financial advice.

You should consult with qualified tax professionals, accountants, or legal advisors regarding:

• Complex tax situations or questions
• Interpretation of tax laws and regulations
• Business structure and financial planning decisions
• Specific compliance requirements for your business

Paysense Services shall not be held liable for any tax-related penalties, interest, or assessments arising from your use of the platform.

14. Service Modifications and Termination

14.1 Modifications: Paysense Services reserves the right to modify, suspend, or discontinue any aspect of the service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the service.

14.2 Termination: We reserve the right to terminate or suspend your access to the service immediately, without prior notice, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the service will immediately cease.

14.3 Effect of Termination: All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to confidentiality obligations, disclaimers, limitations of liability, and indemnification provisions.

15. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of New South Wales, Australia, and you consent to the personal jurisdiction of such courts.

If you access Paysense services from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

16. Changes to Terms

Subject to the notice requirements for materially adverse changes below, Paysense Services reserves the right to update or modify these Terms of Service at any time, for any reason, without prior notice. Changes will be effective immediately upon posting to the website. Your continued use of the service after any changes constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically. Where a change is materially adverse to you (for example, a fee increase or a material reduction in functionality you rely on), we will where reasonably practicable give you at least 14 days' notice via the platform or by email before the change takes effect.

17. Contact Information

If you have any questions about these Terms of Service or the Paysense platform, please contact us:

FW Digital Pty Ltd (trading as Paysense Services)
Email: support@paysense.com.au
Website: www.paysense.com.au

By using Paysense services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.