Terms of Service
This is an agreement between you or the entity that you represent (hereinafter “You” or “Your”) and Dragonworks Software CC, trading as LeavePro (hereinafter “LeavePro” or “we” or “Us”) governing your use of LeavePro Services and website. If you register for a trial service then this agreement also governs your use or acquisition of that service.
You can accept the terms of this agreement either by signing up to the LeavePro on our web site.
1.Confirmation of Legal Authorisation
If you represent an organisation or entity then by accepting these terms you are confirming that you are authorised to bind the organisation or entity to these terms.
You are also confirming that you are over 18 years of age.
2. Description of LeavePro Services
LeavePro provides an online leave management system. The LeavePro services includes the LeavePro website, LeavePro cloud computing platform as well as any other software or services offered by LeavePro in connection to these. LeavePro develops, markets and supports these services ("LeavePro Service" or "LeavePro Services").
You may connect to the LeavePro Services using any Internet browser supported by the LeavePro Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the LeavePro Services.
3. LeavePro responsibilities include:
a. To provide basic support via telephone or email at no additional charge and/or extended support service if purchased separately.
b. To make all commercially reasonable efforts to make the LeavePro services available 24 hours a day 7 days a week except for:
- Downtime scheduled for planned maintenance. We will give 8 hours’ notice of this planned downtime.
- Any system downtime due to events beyond our control such as but not limited to: acts of god, floods, fires, earthquakes, civil unrest, acts of terror, labour strikes of other parties, internet service provider failures.
c. To Protect Your Data
We respect your right to ownership of data created or stored by you. For the purpose of this clause, "data" shall be defined as detailed in the Protection of Personal Information Act, 2013 and the Electronic Communications and Transactions Act, 2002. You own the data created or stored by you. Unless specifically permitted by you, your use of the LeavePro Services does not grant LeavePro the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for LeavePro’s commercial, marketing or any similar purpose. But you grant LeavePro permission to access, copy, distribute, store, transmit, reformat, publicly display and use the content of your user account solely as required for the purpose of providing the LeavePro Services to you.
d. To Protect your Personal Information and Privacy
LeavePro shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Protection of Personal Information Act, 2013.
4. Your responsibilities include:
a. Control Access to the Service
In addition to all other terms and conditions of this Agreement, you shall
- make all commercially reasonable efforts to prevent unauthorised access to or use of the LeavePro Services.
- be responsible for your users compliance with this agreement.
You shall not
- transfer or otherwise make available to any third party the LeavePro Services;
- provide any service based on the LeavePro Services without prior written permission;
b. Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the LeavePro Services. You agree not to use the LeavePro Services for illegal purposes or for the transmission or storage of data or material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the LeavePro Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the LeavePro Services if there are reasonable grounds to believe that you have used the LeavePro Services for any illegal or unauthorised activity.
c. Company Sign up Obligations
You need to sign up for a company account by providing all required information in order to access or use the LeavePro Services. We recommend providing your corporate contact information. In particular, we recommend that you use your corporate email address.
You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if LeavePro has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, LeavePro may terminate your user account and refuse current or future use of any or all of the LeavePro Services.
d. Employee sign up obligations:
You can choose to give any of your employees access to the LeavePro system. Employees using LeavePro services will be bound by these same terms and conditions.
5. Delivery Policy
Upon successful company signup a LeavePro account will be created for your company. Thereafter you will be granted access to the LeavePro Services.
You can choose to give your employees access to the Leave Pro service. An employee account will be created and they will be authorized to login to your LeavePro company website.
6. Modification of Terms of Service
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail and by publishing the changes on the website www.leavepro.co.za. You may terminate your use of the LeavePro Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the LeavePro Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
7. Communications from LeavePro
The Service may include certain communications from LeavePro, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the LeavePro Services.
8. Trial of the LeavePro services:
When you sign up to the LeavePro Services a trial account will be created for your company. This will allow you to test the LeavePro Services before deciding whether you would like to subscribe.
Once the trial period is over you will still be able to log into your LeavePro account. However, the functionality will be limited, with certain features being disabled. The disabled features include, but are not limited to, applying for leave and adding employees.
9. Subscription to the LeavePro services:
You an choose to subscribe to the LeavePro Services. Subscriptions are paid monthly, unless otherwise agreed upon.
- By subscribing you are authorizing Us to charge you a subscription fee each month.
- The initial subscription fee will be calculated pro-rata for the month, based on the date at the time of subscribing. All subsequent subscription fees will be charged in full for the month.
- Subscription fees for a month are based on the number of active employee’s in your LeavePro account at the beginning of the month.
- Increasing or decreasing the number of active employees during the month will not affect the subscription cost already paid for that month. Changes to the number of employees will only affect the subscription costs for the next month.
- Payment obligations are non-cancellable and fees paid are non-refundable.
- Your subscription will be automatically renewed at the end of each month term unless you cancel your subscription.
- Cancellations can be done electronically through the LeavePro Service by selecting the cancel option built into the system. A cancellation that is done this way must be done with 1 days notice.
- Alternatively, you can inform us by phone or e-mail that you would like to cancel your subscription. Cancellations by phone or e-mail require a minimum of 7 days notice before the end of the month.
- The subscription fee will be charged to the Credit Card last used by you if paying by credit card or to the bank account last used if paying by debit order. If you would like the payment for the renewal to be made through a different Credit Card or bank account, you agree to inform us at least seven days prior to the renewal date.
- LeavePro reserves the right to change the subscription fee and to charge for use of LeavePro Services that are currently available free of charge. You will not be charged for using any LeavePro Service unless you have opted for a paid subscription plan.
Payment options accepted
You will provide us with valid and updated credit card information, or with an alternative means of acceptable to Us.
Credit card payments and security
Credit card transactions will be process for LeavePro via PayFast (Pty) Ltd who are one of the leading online payment processing solutions in South Africa. They use Extended Validation SSL with 2048-bit encryption and are PCI-DSS Level 1 Compliant. LeavePro never receives your credit card information. Users may go to www.payfast.co.za website to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by LeavePro separately from card details which are entered by the client on PayFast’s secure site. LeavePro does not receive or store your credit card information. For more detail on PayFast refer to www.payfast.co.za.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
LeavePro takes responsibility for all aspects relating to the transaction including sale of goods and LeavePro Services sold on this website, customer service and support, dispute resolution and delivery of LeavePro Services.
Invoicing and Payment
If you provide credit card information to us or a debit order authorisation, you authorise us to charge such credit card or bank account for the LeavePro services for the initial subscription term and any renewal subscription terms(s). Such charges shall be made monthly, in advance. You are responsible for providing complete and accurate invoice and contact information to Us and notifying Us of any changes to such information.
Suspension of Service and Acceleration
If any amount owing by you under this or any other agreement for our services is 10 or more days overdue, we may, without limiting our other rights and remedies, accelerate your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend our services to you until such amounts are paid in full. We will give you at least 7 days’ prior notice that your account is overdue, before suspending services to you.
We shall not exercise our rights under the section called Suspension of Service and Acceleratio, if you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.
10. Reservation of Rights in Services
Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
We shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by You, including Users, relating to the operation of the Services
11. Inactive Company Accounts Policy
We reserve the right to terminate inactive LeavePro company accounts. An inactive account includes the following:
a) A trial account where 60 days has passed since the trial period has ended.
b) A paid account where the subscription has been cancelled and 60 days has passed since the end of the subscription period.
c) A paid account where an amount owing for the LeavePro services has been overdue for more than 60 days.
In the event of such termination, all data associated with such user account will be deleted. Please see the paragraph below “Return of your Data” relating to your rights to request a copy of your data. We will provide you 7 days prior notice of such deletion of your data by email.
12. Return of your Data
Upon request by You made within 30 days after the effective date of cancellation of a LeavePro Service, we will make available to You for download a file of Your Data in comma separated value (.csv) format along with any attachments in their native format. After such 14 day period, We shall have no obligation to maintain or provide any of Your Data and shall thereafter, unless legally prohibited, delete all of Your Data in Our systems or otherwise in Our possession or under Our control.
13. Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant LeavePro the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for LeavePro’s commercial, marketing or any similar purpose. But you grant LeavePro permission to access, copy, distribute, store, transmit, reformat, publicly display and use the content of your user account solely as required for the purpose of providing the Services to you.
14. Sample files and Applications
LeavePro may provide sample files and applications for the purpose of demonstrating the possibility of using the LeavePro Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. LeavePro makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications. The rules in this document apply both to the Trial and Purchased versions of LeavePro Services
15. Intellectual Property
LeavePro, LeavePro logo, the names of individual LeavePro Services and their logos are the intellectual property of Dragonworks software CC. You agree not to display or use these, in any manner, without LeavePro’s prior permission.
16. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE LEAVEPRO SERVICES IS AT YOUR SOLE RISK. THE LEAVEPRO SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. LEAVEPRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LEAVEPRO MAKES NO WARRANTY THAT THE LEAVEPRO SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE LEAVEPRO SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE LEAVEPRO SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM LEAVEPRO, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
17. Limitation of Liability
YOU AGREE THAT LEAVEPRO SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF LEAVEPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LEAVEPRO RELATED TO ANY OF THE LEAVEPRO SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL LEAVEPRO’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless LeavePro, its officers, directors, members, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the LeavePro Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the LeavePro Services, except where such use is authorized by LeavePro.
19. Country of domicile
This website is governed by the laws of South Africa and LeavePro chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Address: 17 Anthony Rd, Umgeni Park, 4051, Durban, South Africa
20. Company information
This website is run by Dragonworks Software CC based in South Africa and with registration number 2002/028413/23.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the South African Law Society. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Durban, South Africa and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, LeavePro may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
22. Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the LeavePro Services upon reasonable belief that you have violated the Terms. Termination of user account will include denial of access to all LeavePro Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.
This Agreement, including any and all documents referenced herein, constitute the entire agreement between the parties. Any previous representations, understandings, statements, facts etc which are not recorded in this Contract shall be of no force or effect between the parties. LeavePro’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the prevailing laws of South Africa
24. Contact Details
LeavePro contact details:
Support : support@LeavePro.co.za
Tel : +27 31 5633 151
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this agreement, please contact us at email@example.com
Last updated on: 26 February 2020