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You may not provide any Content or use the Site in any way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any Site feature. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any Site Content or any portion of the Site Content in any electronic medium or in hard copy, or create any derivative work based on such Site Content, without our express written permission. The Site and Site Content are for informational purposes only and we do not make any recommendations on or via the Site; accordingly, you should not rely upon the Site or Site Content as the sole basis for any decision or action.
All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of third parties. You are not permitted to use these Marks without the Marks’ owner’s prior written permission.
achievePayroll reserves the right to (i) modify the Site Content or to (ii) modify, suspend, or discontinue the Site or any part of the Site (including, for example, any Demo) at any time with or without notice to you. You agree that achievePayroll will not be liable to you or to any third party for any modification of the Site Content or any modification, suspension, or discontinuance of the Site.
All Information, ideas, suggestions or other communications you submit or provide to us will be non-confidential and non-proprietary (“Feedback”). Accordingly, do not submit or provide achievePayroll with any information you consider confidential or proprietary. Unless you and achievePayroll agree otherwise in a written agreement, achievePayroll will be entitled to use, disclose or distribute any Feedback for any purpose whatsoever (including commercial purposes) without any obligation to you (monetary or otherwise).
The Site may contain links to websites that are owned and/or operated by third parties. Such websites are not under our control. We provide these links only as a convenience, and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. We are not responsible for such websites’ content or for any link(s) they may contain.
achievePayroll does not make any warranties or promises about the site or site content. For example, Information on this Site may not be current or complete when you visit the Site, and it may contain errors and inaccuracies. Additionally, we do not make any commitments of the Site’s functionality, availability, reliability, or ability to meet your needs. achievePayroll provides the site and site content “as is” and for your use at your own risk. Some jurisdictions provide certain warranties, such as non-infringement, merchantability, and fitness for a particular purpose. To the extent we are permitted by law, achievePayroll disclaims all warranties, whether express implied, or statutory, including all warranties listed above and any warranties of title, accuracy, and quiet enjoyment.
You agree to indemnify and hold achievePayroll, its parent, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the “achievePayroll Parties”) harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your content or (b) your violation of any applicable laws, rules or regulations. achievePayroll reserves the right, at its own cost, to assume the exclusive defense and control of any matter requiring indemnification by you, in which event you will fully cooperate with achievePayroll in asserting any available defenses. You agree that the provisions in this section will survive your access or use of the Site.
achievePayroll is not responsible or liable for (i) User Content or anyone’s reliance on User Content; (ii) Resulting Errors or any consequences or Claims directly or indirectly arising from Resulting Errors; (iii) any consequences or Claims directly or indirectly resulting from your delay in providing, or your failure to provide, achievePayroll with Information necessary for its provision of Services; (iv) unauthorized third-party actions taken in your Account and any transactions, consequences, or Claims arising therefrom; (v) Your negligence or any negligence of your Account Administrator or Authorized Representative; (vi) any Claims, or portions of any Claims, that could have reasonably been avoided or mitigated by you through reasonable efforts; (vii) any circumstances or Claims arising out of or related to a Partner’s use of your Shared Information; (viii) any Requested Actions, or any consequences or Claims directly or indirectly resulting therefrom; or (ix) Your failure, or the failure of any Account Administrators or Authorized Representatives, to properly follow achievePayroll’s instructions with respect to the Services.
The Site can be accessed worldwide and may contain references to products and services that may not available in your country. These references do not imply that achievePayroll intends to provide any product or service offerings in your country. We control and operate the Site, the site content, and our offerings from our country of origin in Ghana. achievePayroll makes no representations that the Site, the Site Content, and any of our offerings will be appropriate or available for use in foreign countries. Those who access or use the Site or the Site Content from other jurisdictions do so of their own volition and are responsible for compliance with all applicable laws.
The Services and this Agreement will continue until either party terminates them. You may terminate the Services and this Agreement through your Account. achievePayroll may terminate the Services and this Agreement by giving you at least thirty (30) days’ prior written notice. In addition to achievePayroll’s foregoing termination right, achievePayroll may immediately suspend or restrict your Account; suspend or limit your access to the Platform or any Services; block your ability to use any particular feature of a Service; or immediately terminate the Services and this Agreement, in each case with or without notice to you, in the event that: (i) achievePayroll has any reason to suspect or believe that you may be in violation of this Agreement; (ii) achievePayroll determines that your actions are likely to cause legal liability for or material negative impact to achievePayroll; (iii) achievePayroll believes that you have misrepresented any data or Information or that you have engaged in fraudulent or deceptive practices or illegal activities; (iv) achievePayroll has determined that you are behind in payment of fees for the Services and you have not cured such non-payment within five (5) days of achievePayroll providing you with notice of the non-payment; or (v) You file a petition under the CORPORATE INSOLVENCY AND RESTRUCTURING ACT, 2020 (ACT 1015). Furthermore, while achievePayroll strives to support a multitude of business and organization types, in certain unique situations, if achievePayroll cannot support the payroll-related filings for your business or organization type, achievePayroll may immediately terminate the Services and this Agreement upon written notice to you.
The termination of any of the Services or this Agreement will not affect your or achievePayroll’s rights with respect to transactions which occurred before termination. achievePayroll will have no liability for any costs, losses, damages, penalties, fines, expenses, or liabilities arising out of or related to achievePayroll’s termination of this Agreement. Upon termination of any of the Service(s) and/or termination of this Agreement, your right to access and use such terminated Services(s) will automatically terminate; provided, however, that achievePayroll will generally continue to provide you with the ability to access your Account in a limited capacity with respect to such terminated Service(s) to view and download Information that was available in your Account at the time of termination of such Service(s) (the “Limited Access Rights”). While you have Limited Access Rights, you must use reasonable efforts to adequately secure, and keep confidential, any passwords or credentials for your Account, and any information accessible via your Account. achievePayroll may deny the Limited Access Rights to you, or achievePayroll may revoke the Limited Access Rights at any time, in its sole discretion, if it has any reason to believe that you may have at any time breached Section 23 of this Agreement.
To use the Platform, you must have an account with achievePayroll (an “Account”). You hereby authorize achievePayroll to obtain and store your Account Information as necessary to make the Platform available to you. You may use the Platform only if you are fifteen (15) years of age or older and is not barred from using the Services under applicable law.
You give achievePayroll permission to obtain, verify, and record information that identifies you when you create an Account, as the intended user of an Account, or accesses the Services. achievePayroll may ask for your name, address, date of birth, social security number, and other information to allow achievePayroll to identify you. achievePayroll may also ask to see your driver’s license or other identifying documents. You consent to and authorize achievePayroll to obtain credit reports about your business, and to report adverse credit information about your business to others, including but not limited to the Internal Revenue Service and any applicable state taxing authorities. achievePayroll may, at its discretion, decline to offer the Services for any reason, including if the Services enrollment process is not satisfactorily completed, achievePayroll is unable to verify satisfactory credit of your business, and/or for other lawful business reasons.
The Platform and the Services may contain links to third-party websites or resources. achievePayroll provides these links not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge its sole responsibility and assume all risk arising from your use of any third-party websites or resources.
You may generally remove User Content from the Platform, provided that certain types of User Content may not be removed from the Platform, as further specified in particular Service Terms. Moreover, in certain instances, some User Content may not be completely removed and copies of User Content may continue to exist on the platform. achievePayroll is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Content.
By providing your mobile phone number to achievePayroll, you agree that achievePayroll may send autodialed Short Message Service (“SMS”) or Emails about activity in your account and service updates, as well as SMS or Emails soliciting your feedback about the Services and your experience interacting with achievePayroll’s Customer Care team. Standard message and data rates may apply. You should note that achievePayroll is a subsidiary of the Petra Group of Companies. achievePayroll and any of the subsidiaries of the Petra Group of Companies may send direct marketing and promotional content through SMS and Emails. If you do not want to receive any direct marketing or promotional content in future, you can unsubscribe at any timeorcontact [email protected]
You agree not to take any of the following actions:
achievePayroll may provide an electronic signature service (the “E-Sign Service”) which allows parties to sign documents electronically. Each time that you use the E-Sign Service, you are expressly (i) affirming that you are able to access and view the document (the “Document”) you are electronically signing via the E-Sign Service; (ii) consenting to conduct business electronically with respect to the transaction contemplated by the Document; and (iii) agreeing to the use of electronic signatures for the Document.
While many Users prefer the convenience of electronic signatures, using the E-Sign Service to electronically sign Documents is optional, and you can choose to manually sign Documents if you prefer. If you would like to manually sign a Document, you should (i) inform the party that sent you the Document of your decision to manually sign such Document; (ii) make sure that you do not electronically sign the Document via the E-Sign Service; and (iii) obtain a physical copy of the Document for you to sign. Obtaining a physical, non-electronic copy of the Document is your sole responsibility, and achievePayroll has no responsibility or liability with respect to such matter.
achievePayroll has no responsibility or liability with respect to the content, validity, or enforceability of any Document, or is it responsible or liable for any matters or disputes arising from the Documents. achievePayroll makes no representations or warranties regarding the validity or enforceability of electronic documents or electronic signatures.
achievePayroll makes no representations or warranties about the Platform’s uptime, availability, or permissibility in any particular geographical location. From time to time, scheduled system maintenance or emergency maintenance may occur, and during such maintenance periods, the Platform may be inaccessible and unavailable, with or without notice to you.
The Platform’s performance of actions initiated by you may irrevocably modify and/or delete User Content. YOU ACKNOWLEDGE AND AGREE THAT achievePayroll IS NOT RESPONSIBLE FOR THE LOSS OR MODIFICATION OF ANY USER CONTENT AND THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.
achievePayroll is not responsible or liable for any delays or failures in performance from any cause beyond achievePayroll’s control, including, but not limited to, acts of God, changes to laws or regulations, embargoes, wars, terrorist acts, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power outages, strikes, weather conditions, acts of hackers, acts of internet service providers, acts of any other third party, or acts or omissions by you.
Without limiting the generality of the foregoing or Section 8, the Platform and the Services rely on third-party technology and services, such as application programming interfaces, for Third-Party Services and web hosting services. Any change to the products or services offered by any of these third-party providers may materially and adversely affect, or entirely disable, your use of or access to the Platform and the Services. Likewise, achievePayroll cannot guarantee that any User Content hosted on a third-party server will remain secure.
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PLEASE READ THIS ACHIEVEPAYROLL AFFILIATE PROGRAM AGREEMENT CAREFULLY
THIS AFFILIATE PROGRAM AGREEMENT (“this Agreement”) is
SPRY LIMITED, a limited liability company incorporated and existing under the laws of the Republic of Ghana and having its registered office at 47 Osu Badu Crescent, Airport West, Accra, in the Greater Accra Region of the Republic of Ghana (hereinafter referred to as “Spry”) of the one part;
YOU (an independent contractor) who agrees to introduce achievePayroll to your network of friends on the various campuses in exchange for commission (hereinafter referred to as “Affiliate”).
By signing up for the achievePayroll affiliate program, you are agreeing to this agreement.
In consideration of the mutual covenants and promises stated herein, the Parties hereby agree as follows:
“Affiliate Code” means the unique alphanumeric key Spry shall provide to the Affiliate to be used by an Affiliate Lead to request for a demo or prior to onboarding.
“Affiliate Lead” means a prospective client who expresses interest in using achievePayroll and requires to see a demo.
“achievePayroll” mean the cloud-based payroll and human resource management software for payroll processing developed and maintained by Spry limited.
”Client” means an organization that agrees and gets onboarded and uses the achievePayroll application for its payroll needs through the efforts of the affiliate.
“Day” unless indicated otherwise, all references to “days” shall mean calendar days.
“Employee” means a worker for a Client on the achievePayroll software
Other capitalized terms shall have the meanings ascribed to them in the body of this Agreement.
a. Spry shall provide the Affiliate with all information needed to market achievePayroll; question and answer documents, and marketing collateral documents.
b. Spry shall provide weekly updates of the number of Clients and Employees, who have been onboarded via the Affiliate’s unique Affiliate code and the total commission earned.
c. Spry shall make a payment of GHC500 in respect of a Client with an Employee strength of 35-99; GHC700 in respect of a Client with an Employee strength of 100-150, and GHC1,000 in respect of a Client with an Employee strength of 150 and above to the Affiliate if he/she refers a client to achievePayroll and that Client performs ALL the under listed activities:
1. Signs up/onboards to achievePayroll using the Affiliate’s code;
2. Signs up at least thirty-five (35) of its employees for the ESS mobile app; and
3. Processes at least one payroll on the achievePayroll application.
Spry shall make payments of the commissions earned by the Affiliate within 35 days as follows:
1. 40% when the Client signs up or onboards and
2. 60% when Employees sign up for the ESS mobile app and processes at least one payroll on the achievePayroll application
a. The Ambassador agrees to promote, and market achievePayroll; to his/her network of friends/followers.
b. The Ambassador shall promote, and market achievePayroll using only information approved by achievePayroll. Any marketing material or advertising relating directly to the achievePayroll app and prepared by the ambassador shall be submitted to Spry (AchievePayroll) for approval before use.
c. The Ambassadors shall highlight the benefits, features, and share examples of use of the achievePayroll App to his/her friends/followers and encourage them to download, sign up and use the app.
d. The Ambassador shall share his affiliate code with his/her audience to cite during the demo or onboarding.
DURATION AND TERMINATION
This Agreement shall be effective as of March 1, 2022 and shall continue for 6 months.
This Agreement can be terminated by either party giving a one-week notice to the other Party
This Agreement shall be governed and construed in accordance with the laws of Ghana.
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