Terms of Service Agreement (“TOS”) Nowicki & Associates (Pty) Ltd (“We/Us/Ours/Ourselves”) is the registered owner of this website, (www.nowhr.co.za).

Through this website we provide a variety of professional products and services, some of which are owned by ourselves, and others, by our duly registered Associates and Partners.  Where we partner with a third party whose terms of use / service is different to the terms of service of our products and services we will specify such differences separately. The editorial content, the business documents, the services, and the products available on this website are for your personal use only and are not to be used for commercial purposes unless you have written permission from us by way of a specific  Service Level Agreement or a Partner / Associate Agreement. Depending on the nature of usage and / or the terms as contained in one of the agreements mentioned herein, the various products and services available on this website are provided to business entities and their employees as well as to the general public, on a subscription basis, or a once-off fee, or continued monthly / annual fee.

The republication or reuse of the content contained on this website without our prior written permission, and / or where appropriate, our partners and associates, is strictly prohibited. We, and / or our partners and associates, shall bear no responsibility and also disclaim all liability for any loss, damage or liability either directly or indirectly, attributable to the use of or reliance upon information provided through the facilities available on this website. We emphasize it is the sole responsibility of the user to satisfy him / herself prior to accessing this website that this website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.

The section titles contained in this Terms of Service Agreement (“TOS”) are solely used for convenience and have no legal or contractual significance.

1) INTRODUCTION

Welcome to the Nowicki & Associates (Pty) Ltd website, its’ Associate platforms, and other exciting technology, products, and services that are available. This is an innovative cloud-based Payroll and HR Reporting, Intelligence and Analytics platform, aimed at servicing the HR and Payroll needs of companies of all sizes and who operate in all types of industries. By joining our continuously expanding user community you will be able to access employee Payroll & HR-related data and supporting analytics from anywhere and at any time (as long as you have all the necessary equipment and services required for internet access and as defined in our technology requirements document, as may be amended from time to time).

Our analytics facility (i.e. Rain Analytics) uses payroll data from LabourNet’s Human Capital Management Platform known as PSIberWORKS and transforms it into valuable insights and trend analysis is using various sets of dashboards and intelligence that can be sliced and diced across multiple filters and variables to ultimately provide a Human Capital “Crystal Ball”.

Payroll data is imported from the PSIberWORKS platform via secure, encrypted and access-controlled API’s.

The wide range of customisable reporting facilities available caters to the needs of every member of the leadership team in an organisation with a relevant data view on all aspects of employment-related intelligence and analytics.

Some analytics available at the click of a button include:

• Monthly Overviews and Board Packs;
• Headcount, Demographics and People Movement;
• Cost to Company, Turnover Cost, and Other Cost Reporting;
• Audit Packs.

The website itself also offers you a wide variety of other useful news items, links, and information services.

Listed below are the terms and conditions applicable when using this website, our Associate platforms, and / or any other technology, product, or service made available by Nowicki & Associates (Pty) Ltd, either as individual products / modules or the suite as a whole. Please read them carefully before you proceed.

BY CLICKING THE “I AGREE” BUTTON DISPLAYED WHEN LOGGING IN TO ANY NOWICKI & ASSOCIATES PRODUCTS OR SERVICES AND / OR BY COMPLETING ANY ASSOCIATED REGISTRATION PROCESS, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (“TOS”).

2) REGISTRATION AND SECURITY

To register a Nowicki & Associates login, you must complete the on-screen registration procedure and relevant forms and provide us with current, complete, and accurate information as requested on the Registration Process. You are solely responsible for maintaining the confidentiality of your password and login information. Furthermore, you are entirely responsible for any and all activities that occur under your login. You also agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3) PRIVACY

It is our policy to respect the privacy of all our users. As we are required to adhere to the Protection of Personal Information Act (POPI) and General Data Protection Requirements (GDPR) we confirm that we will not add, delete, change / edit, modify, or disclose any information about your Nowicki & Associates (Pty) Ltd registration, Associate platform login, and / or any other technology, product, or service made available by Nowicki & Associates that you have subscribed to, including your company or your employee’s information linked to any of your logins, without your prior permission unless we have a good faith belief that such action is necessary to:

• conform to legal requirements or comply with a legal process;
• protect and defend our rights or intellectual property;
• enforce any clause of this Terms of Service Agreement (TOS);
• act to protect the interests of other users and / or our.

You hereby agree that we may access your user details, including its contents, as stated above or to respond to service, maintenance, or any other technical issues as and when required. You also warrant that you have all necessary rights to provide the Personal Information to us for the processing to be performed in relation to the Services, and that one or more justification grounds set forth in POPI support the lawfulness of the processing. We shall treat all Personal Information as confidential and shall inform all our employees, agents and/ or approved sub-contractors engaged in processing the Personal Information of the confidential nature of the Personal Information.

Please note that in the event that we are asked to resign from doing your work for any reason whatsoever it will be necessary for us to retain your records including your private information so that we can deal with any queries that may arise following termination of the engagement. These records will be destroyed after the prescribed period for retention has expired. By agreeing to this Terms of Service Agreement.  you have indicated that we have your permission to do so.

4) INFORMATION STORAGE AND OTHER LIMITATIONS

There is currently no limit to the amount of storage space available to each user and its associated content. You agree that we are not responsible or liable for the deletion or failure to store information due to technical failures outside the control of either ourselves or our partners and associates. We do however reserve the right to impose an additional charge, such charge being published on our Standard Rate Card as amended from time to time, for what we deem to be excessive use of storage space.

5) YOUR CONDUCT

You agree to abide by all applicable local, state, national and international laws, and regulations and are solely responsible for all acts or omissions that occur under your login, including the content associated with your registration as created and used through the facilities provided by this website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates.

By way of example, and not as a limitation, you agree not to:

• interfere in any way whatsoever with or disrupt networks connected to the website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates, or violate the regulations, policies, or procedures of such networks;
• attempt to gain unauthorized access to the website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates, any other user’s login or password, computer systems or networks connected to the platform, through password mining or any other means;
• knowingly interfere with other users’ use of the website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates.

6) CHARGES

You agree to the charges imposed by us for the use of the various products and services available on this website. These charges are detailed in the Standard Rate Card that is available on request. These charges are reviewed annually and adjusted by a minimum of CPI.

We reserve our rights to amend these charges at our sole discretion, which amendments shall not be unreasonable.

You agree that we will collect the fees due to us by you via a monthly Debit Order, or by you facilitating an EFT on the receipt of our invoice, or any other legal means as determined by us from time to time.

You accept that we reserve the right to suspend your usage of the website and / or the services available should you fail to pay us the fees due to us by you in the time periods as specified by us.

7) DISCLAIMER OF WARRANTIES

We do not control in any respect any information, products, or services offered by any third party.

The materials and services available through this website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates, and any related third-party products and services are provided without warranties or conditions of any kind either express or implied. To the fullest extent permitted by applicable law, we expressly disclaim all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchantable quality, correspondence to description, and fitness for a particular purpose. We do not represent or warrant that the website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates will be uninterrupted or error-free, or that this website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates, or the server that makes it available, are free of viruses or other harmful components. Although we take every reasonable precaution and make use of industry-standard antivirus, development, testing, and data security and management technologies, we do not warrant or represent that the use or the results of the use of the products and services available through this website or platform, or any products and services available from third parties through this website or platform, will be correct, accurate, timely, reliable or otherwise.

The provisions of Part 2 of Chapter III of the Electronic Communications and Transactions, 2002 is hereby excluded from applying to any electronic communications and data messages that a user sends to us via this website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates. Any communications or data message that a user sends to us will be regarded as having been received by us when receipt is acknowledged in writing. If the user does not receive a response within a reasonable period of time, the user should follow it up with us. We shall not be liable for any failure to respond.

8) LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, or consequential damages that may result from the use of or the inability to use this website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates, any changes to the website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates, any unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates. You specifically agree that we are not responsible or liable for any threatening, defamatory, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. When making use of this website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates you agree that at all times you remain, solely responsible for the user’s conduct; the content of the information and material provided by the user; maintaining of the user’s information and material; the user’s electronic communications, what the user copies, shares, uploads, downloads or otherwise use or share with others. If you are dissatisfied with this website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates, the supporting materials available on or through the website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates, or with any of these terms and conditions, your sole and exclusive remedy is to notify us of such dissatisfaction and / or to discontinue using this website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates.

LIMITATION OR EXCLUSION OF WARRANTIES CONDITIONS, AND / OR LIABILITY FOR SOME TYPES OF DAMAGES MAY NOT BE PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE SOME OR ALL OF THE SECTIONS PERTAINING TO THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

9) INDEMNIFICATION

As far as the law allows you agree to indemnify and hold us, our parents, our subsidiaries, our affiliates, our suppliers, our officers, our partners, our associates, and our employees, harmless from any claim, demand, or damage, asserted by any third party due to or arising out of your use of this website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates.

10) TERMINATION

We at our sole discretion may terminate your access for violation of the letter or spirit of this Terms of Service Agreement. In addition, we may terminate your access for inactivity, which is defined as failing to log into the website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates for an extended period of time, as determined by ourselves.

The amount of time that we currently view as an “extended” period of time is a first log-on 45 days after registration of the login and thereafter, 400 days since your last log-on to the website, Associate platform and / or any other technology, product, or service made available by Nowicki & Associates. Upon termination of the login, your right to use the product suite immediately ceases. We shall have no obligation to maintain any content held under your login after termination.

11) PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Any dealings with Advertisers on this website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party, and we shall not be responsible or liable for any part of any such dealings or promotions.

12) PROPRIETARY RIGHTS TO CONTENT

You acknowledge that content, including but not limited to text, software, sound, photographs, graphics, or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by us, our advertisers, or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through this platform, including code and software.

13) MODIFICATIONS TO THIS TERMS OF SERVICE AGREEMENT (TOS)

We reserve the right to change this Terms of Service Agreement or any of the policies regarding the use of this website or associated platform at any time and to notify you by displaying an updated version of this Terms of Service Agreement on this website.

14) LAWS

This Terms of Service Agreement shall be governed by and construed in accordance with the laws of South Africa, excluding their conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in the county of South Africa. If any provision(s) of this Terms of Service Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of this Terms of Service Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. You agree that any cause of action arising out of or related to this facility must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

15) LIMITATION OF EMPLOYMENT

We will not appoint, employ or in any way whatsoever obtain or attempt to obtain the services of your own personnel, unless specifically so agreed to in writing between us. If we fail to honour this it may be viewed as a breach of this Terms of Service Agreement. Likewise, you cannot appoint, employ or in any way whatsoever obtain or attempt to obtain the services of any of our personnel other than in terms of this Terms of Service Agreement, unless specifically so agreed to in writing by ourselves. If you fail to honour this it will, however, not be viewed as a material breach of this but you will be liable, and you agree to pay to us, the equivalent of two times the then-current placement fee charged by reputable personnel agencies for the position in which our personnel member was employed by us, or any lesser fee agreed to by us, such fee constituting the pre-determined damages sustained by ourselves arising out of the breach by you.

This clause will remain in force throughout the duration of this Terms of Service Agreement and for a period of twelve (12) months after we have stopped rendering services to you in terms of this Terms of Service Agreement.

16) LANGUAGE

It is the express will of the parties that this Terms of Service Agreement and all related documents have been drawn up in English.

17) ADDRESS AND CONTACT DETAILS

Our physical address for all legal notices is:

• Attention: The Managing Director
• 15 7^th Avenue
• Edenvale
• 1610

Our postal address for all other correspondence is:

• Attention: The Managing Director
• PO Box 16473
• Dowerglen
• 1609