Fingpay Employer Terms and Conditions
Tapits Technologies Private Limited (“Company” or “We” or “Us” or “Our”), having its office at 20 Dhenu Market, Indore – 452003, Madhya Pradesh, India owns and operates a web/mobile application “Fingpay Neo” for attendance and payroll management, available as android based applications (“App”) and the website: https://neobank.tapits.in// and/or https://fingpayneo.tapits.in (“Website”). The App and Website shall hereinafter together be referred to as the “Site”.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
1. REGISTRATION OF USERS
You will need to sign-up with Us by filling the sign-up form by providing your registered mobile number and other requisite information about yourself or your organisation and opening a Fingpay Neo account (“Account”).
As a registered user, you further agree to update your Personal Information, by submitting the required KYC documents as required by the Application and to be solely and entirely responsible for maintaining the confidentiality of your user account, login and password and any activity that may occur through your Account.
Upon submission of the KYC documents, we shall assess the same and on satisfactory receipt of documents, we shall proceed further for onboarding the said user.
User shall be allowed to further onboard his employees on our portal only after payment of subscription and employee’s insurance amount through a virtual account provided by Us, once the KYC is approved. User shall be responsible for all the activities of their employees on the site.
Once the User onboards his/her employees, the registration and the insurance amount cannot be refunded under any circumstances.
You must ensure that the information provided by You is correct, complete and not misleading.
You should also inform Us promptly of any changes to the information that You have provided, by updating Your details, so we can communicate with You effectively.
In the event, the information supplied by You is incorrect, incomplete and misleading, your registration may be cancelled and Your Account may be deactivated.
2. SUBSCRIPTION OF SERVICES
- Payment of Fees
Fingpay provides paid services. You will be required to make payment of subscription fees by adding a virtual account for onboarding your employees over the Site. Under no circumstances shall the fees paid by You be refunded. The said virtual account need to be added as a beneficiary in User’s existing bank account and User can transfer the funds via NEFT/IMPS/RTGS in the said virtual account.
To successfully subscribe to the services, the User is required to complete the transaction by making the payment for the services opted for.
Online transactions and Payment Rules
Users should ensure that the instrument used to make the payment is his/her own. Users further understand and acknowledge the fact that Fingpay is not a bank, a financial institution, or a non-banking financial corporation. We maintain a current bank account/pool account/nodal account for the services offered on the Site. All payment instructions made by Users are submitted to the Fingpay’s current account/pool account/nodal account in order to effect the payment of salary/wages of the employees. Thereafter, onboarded employees would be paid the amount of salary/wages so transferred in the registered bank account of employees from Fingpay’s (Tapits Technologies Private Limited) current account/pool account/nodal account.
It is the sole responsibility of the Users to administer and manage the online banking and financial transactions and payments made through the Site. Fingpay, shall not at any point, be held liable for any transaction undertaken by Users. Users are solely responsible for acquainting themselves with, and complying with, all applicable laws of India, including those pertaining to online payments and transfer of funds through online and offline methods. Users have to be sure that they are complying with the requirements and regulations as framed by Reserve Bank of India (RBI) from time to time and any online monetary transaction in violation of the rules and regulations prescribed by the RBI and other applicable laws of India shall be solely attributable to the concerned User and We shall not be held liable in this regard.
You can check the payment details and its status on the portal under the head “Salary Status” of the employee(s). We assume no responsibility in relation to failed transactions on the Site.
- KYC Verification
The Site may require Users to upload certain information and documents that may be necessary to ascertain their eligibility to use certain features of the Services including but not limited to their identification documents (“KYC Documents”) The User hereby authorizes Fingpay and any third-party service provider it may engage with or interact with in connection with using the Site to process KYC Documents and ascertain the User’s eligibility. The User agrees and warrants to provide valid, true, complete, and up-to-date KYC Documents. The User further acknowledges that any incorrect or misleading information provided shall constitute a material breach of these Terms, and the User’s access to certain features of the Services may be limited or denied in such event.
Incorrect/ Misleading Information
You must ensure that the information/ documents provided by You on registration is correct, complete and not misleading. In case of any change in the information provided by You, You must promptly inform Us of such changes by updating Your details, so that We may communicate with You effectively.
3. VIRTUAL ACCOUNT
All the transactions on the portal will be done using the virtual account/pool account/nodal account provided by Fingpay.
The virtual account can be loaded only through User’s bank account details provided during the KYC and User will not be allowed to load the virtual account using any other bank account.
User should not hold any excess amount in the virtual account/pool account/nodal account other than deemed necessary to onboard the employee or disbursing the employee(s) salary.
4. REFUND POLICY
Refund of Subscription fee:
The subscription fees paid for use of the Site are non-refundable irrespective of whether the Services have been availed/ and or consumed. Your subscription plan will continue to remain active till the end of the subscription term and cancellation of subscription will not be allowed during the subscription term. Only in cases of any fraudulent transactions and/or error in transaction such as duplicity in payment and/or incorrect amount charged, we may refund the subscription fee at our sole discretion post successful verification.
Refund pertaining to transactions on the Site:
We assume no responsibility and shall incur no liability in case of incorrect transactions and/or if Fingpay is unable to process the payment instructions issued by You owing to one or more of the following reasons:
If Your virtual account has insufficient funds/limits to cover the amount mentioned in the payment instructions.
If the funds available in your virtual account are under any encumbrance or charge.
If your bank or our bank refuses or delays honouring the payment instructions.
Occurrence of a Force Majeure Event.
Failure in the applicable bank or its system or network.
5. DESCRIPTION OF SERVICES OFFERED
We provide a solution for employee(s) payroll and attendance management for businesses. By using Our Site, users can avail staff payroll processing services, manage staff attendance, and attendance reports.
We will be providing a web portal to view the attendance of the user’s onboarded employee(s), create a salary structure for them and calculate the salary based on attendance and allotted salary structure to any employee. User will also be provided with a virtual account from where he/she can disburse the salary and pay the subscription fees to onboard the employee(s). User’s employee(s) will be provided with an android application using which they can mark the attendance.
Our Responsibilities towards the Users
We will exercise reasonable skill and care with respect to the access of the Site by the Users. Although We have asked all Users to use the Site responsibly, We cannot guarantee the accuracy, integrity or quality of any information. You acknowledge and agree that We do not check or verify the details of any service bookings and do not guarantee the accuracy, integrity or quality of any information which is posted by third parties. It is hereby clarified that Fingpay shall incur no liability in cases of non-compliance of applicable state and central labour laws with respect to payroll processing and other services availed on the Site. Fingpay will not be held liable for any delay in payment, short payment or discrepancies in payment to Your employee(s). Fingpay will not be responsible for any issues in Insurance and /or other services provided on the Site.
Responsibilities of Users
You will be responsible to on-board employee(s) who are responsible citizens with no criminal track record and have not committed any unlawful activities. You shall be responsible for complying with all applicable laws including labour laws, local state and municipality laws and taxation regulations in Your dealings with other Users and for the performance and quality of any support which You agree to provide to/ receive from a User.
You agree not to impersonate any person or entity, falsely claim, or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, misrepresent the source, identity, perform any similar fraudulent activity or otherwise avail Services with what that we reasonably believe to be potentially fraudulent funds.
By registering as a User and by using the Site, You agree to indemnify and hold Us harmless from all costs, losses or claims which may result from any information You submit or transmit via the Site or from any support which You agree to provide to/ receive from any User.
You agree that any statutory variations in applicable taxes on fees during the subsistence of these Terms shall be borne by You
7. IMPERSONATION AND UNAUTHORISED DEALINGS PROHIBITED
The Site does not tolerate any illegal and unauthorized activities on or against the Site by either Users or any unrelated third parties. All Users are absolutely prohibited from impersonating another person/User or deal in any other manner that is prohibited by the Laws of India and other Jurisdictions. If We have reasonable grounds to believe that a User has indulged in any prohibited activities or has committed any Crime or Cyber Crime, Fingpay may in its sole discretion, but without any legal obligation to do so, initiate appropriate legal proceedings against the offender as well as notify the same to any regulatory or law enforcement agency of India or Foreign Jurisdiction. Fingpay may also suspend or terminate User’s account and other privileges for the use of the Site.
8. CRIME AND CYBER CRIME REPORTING BY USERS
In case of any Cyber Crime and Cyber Contravention involving their accounts, Users alone are responsible to investigate, prosecute and file necessary legal actions and proceedings against the Cyber Criminals and other Offenders and Fingpay shall in no case be responsible to share the financial and investigation burdens of the User. We will, however, endeavor to support Users in investigating such instances of Cyber Crime, if any, to the best of its ability.
10. USE OF SITE
The Site allows the registered users to create, edit and submit necessary information including creating User profile, posting details pertaining to the employee(s). We do not seek to monitor or control the submission of information. However, We do reserve the right to delete, move and edit any material submitted where We consider it necessary to do so. You agree to comply with all applicable laws and regulations when using the Site and are solely responsible for all the information You submit for inclusion or transmission. You must not post or transmit any material that (i) is fraudulent, dishonest or misleading; (ii) is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any law; (iii) encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice; (iv) infringes the copyright or other rights of any third party; (v) is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data). You grant Us a royalty-free, non-exclusive license to use, reproduce, modify, translate, make available and distribute the material for the purpose of operating the Site.
We may from time to time provide automatic alerts/notifications and payment related alerts linked with Your Account on Site. Further, automatic alerts may be sent to you following certain changes to Your Account or information, such as changes in your registration information. By accepting the terms and conditions and/or using the Services, you accept that we may send the alerts to your registered mobile phone number, WhatsApp and through push notifications.
Electronic alerts will be sent to the mobile number provided by you via SMS, push notifications or WhatsApp for the Services. If your mobile number changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to mobile number will apply to all of your alerts. However we shall not be responsible for delivery of any alerts/notifications.
We will make best efforts to provide the Service and it shall be deemed that you shall have received the information sent from us as an alert on your registered mobile phone number and we shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold us liable for non-availability of the service in any manner whatsoever.
You further acknowledge that You shall have the obligation to inform us about any change in your mobile phone number or e-mail address. Alerts /notification will be sent to your new mobile number or e-mail address after registering and linking it with your Account. You acknowledge that the WhatsApp service or push notification or SMS provided by us is an additional facility provided for your convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event you observe any error in the information provided in the alert, you shall immediately inform us about the same. We will make best possible efforts to rectify the error as soon as possible.
12. GENERAL TERMS AND CONDITIONS
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
To keep the Site up to date, You agree that We may automatically provide You with such updates without Your further consent or notice to You. Please note that if the updates are not installed or such installation is stopped by You, Our Site may not operate properly or may not operate at all. We do not guarantee that We will make any updates available for Our Site, or that such updates will continue to support Your device or system.
You shall comply with any codes of conduct, policies or other notices that We provide to You or publish in connection with the use of the Site from time to time, and You shall promptly notify Us if You learn of a security breach related to the use of the Site. Additionally, You shall be responsible for complying with any laws, rules and regulations for the use of Our Site in Your jurisdiction.
13. MODIFICATIONS TO THE SITE
- We reserve the right to add, change, modify, discontinue or remove features from Our Site, at any time without cause, temporarily or permanently with or without any notice to You. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of Our Site.
You shall not modify, adapt or hack the Site, or otherwise attempt to, gain unauthorized access to the Site or their related systems or networks.
14. TERMINATION OF SERVICES
15. INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise stated, the intellectual property rights in the Site (including without limitation all content, materials and technology used or appearing or transmitted through it) belongs to Us or Our licensors.
- We reserve the right to disclose any information/ documents pertaining to the User and/ or any transaction on the Site, in the event such information/ documents:
- have ceased to be confidential without default on Our part.
- have been received from a third party who did not receive it in confidence.
- We are required by any court, government or other regulatory body to disclose, but only to the extent required by law
- We endeavor to ensure that the information available on or through the use of the Site is correct, up to date and accurate. We are mere service providers, You use the services at Your own risk. However, we do not warrant the accuracy and completeness of such information. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your property or loss of data that results from such download. No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty not expressly stated herein.
- We will not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage of access to payment gateway; interruption or stoppage of the Site; non-availability of connectivity links/hyperlinks. Our sole obligation and your sole and exclusive remedy in the event of interruption in Services or loss of use and/or access to Services, will be to use all reasonable endeavours to restore the Services and/or access as soon as reasonably possible.
- The Site permits You to access and receive information supplied by third parties. The third parties submitting this information are responsible for ensuring that it is accurate and complies with all the relevant laws. We will not be responsible to You for the conduct of any such third party or for any error or inaccuracy in the information submitted by them. We make no promise that the Site will meet Your requirements or that the Site will be free of fault or continuously available. Your access to the Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new features.
- We shall not provide notice to You of any such claim, suit or demand. Further, We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this clause. In such case, You agree to cooperate with any reasonable requests assisting Our defense of such matter.
20. LIMITATION OF LIABILITY
In no event, Fingpay or its contractors, agents, licensors, partners or suppliers will be liable to You for direct, indirect, ancillary, special, incidental, consequential, punitive, reliance or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of money, loss of or damage to property, loss of anticipated profits or any other pecuniary or non-pecuniary loss , goodwill, use, data, other intangible, or damage of any nature whatsoever loss (even if Fingpay has been advised of the possibility of such damages), arising out of or relating to: (i) this Agreement or any other policies of the Website; (ii) the Services, the Website or any reference site/app/Site/service; or (iii) Your use or inability to use the Services, the Website(including any and all materials) or any reference sites/app/Site/service, even if we or our authorized representative has been advised of the possibility of such damages or (iv) any other interactions with Fingpay.
21. FORCE MAJEURE
22. Complaint procedure
You can reach us at email@example.com or contact at our customer helpline in case of any query and/or complaints. If in case it is not resolved or you are not satisfied, then please escalate to our Nodal officer whose details are available at our website https://www.fingpay.co.in/
All notices shall be sent to Us/ You via email or at the postal address provided herein below:
Tapits Technologies Private Limited
20 Dhenu Market,
Indore, Madhya Pradesh 452003.
24. GOVERNING LAW
25. DISPUTE RESOLUTION
26. ENTIRE AGREEMENT