Terms & Conditions of Payroll Service

This Payroll Service Agreement (the "Agreement") is made and entered into by and between you and Payroll Panda Sdn Bhd, a Malaysian private limited company doing business as “Payroll Panda”. This Agreement contains the terms and conditions that govern the use of, and the terms and conditions upon which Payroll Panda will provide to you, certain payroll processing (both monthly and yearly), pcb/epf/socso related services and other payroll services (collectively the “Service”), which is provided through Payroll Panda’s online software application and website operated by Payroll Panda.

You are required to indicate your acceptance of the terms and conditions below in order to access and use the Service. By accessing and/or using the Service, you are consenting to be bound by this Agreement. If you are agreeing to these terms on behalf of a business, you represent and warrant that you have authority to bind that business to this Agreement, and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” refer to that business.

Service

As long as you meet your payment obligations and comply with the terms this Agreement, Payroll Panda will provide you the Service for the purpose of calculating payroll and its associated liabilities for your business. You may not use the Service on a professional basis for anyone other than you.

Depending on the type of Service you request, you may need to agree to additional terms and conditions and complete and sign additional forms or authorizations that Payroll Panda provides to you as required by law or otherwise necessary to provide the Service.

You consent to and authorise Payroll Panda at any time to obtain credit reports about you and/or your business, and to report adverse credit information about you and/or your business, to others, including the LHDN and any applicable statutory bodies. Payroll Panda may, at its discretion, decline to offer the Service to you for any reason, including in the event that the enrollment process is not satisfactorily completed, Payroll Panda is unable to verify satisfactory credit of you and/or your principals and/or for other lawful business reasons.

Prior to your initial payroll processing date, you must submit the completed and executed documents Payroll Panda requires for providing the Service, including your payroll and employee information, and any additional information requested by Payroll Panda. In performing the Service, you acknowledge and agree that Payroll Panda is not acting in a fiduciary capacity for you and/or your business and using the Service does not relieve you of your obligations under Malaysian laws or regulations to retain records relating to your data contained in Payroll Panda’s files.

The Service does not include obtaining access to the Internet for connecting to the Service. You acknowledge that the operation and availability of the communications systems used for accessing and interacting with the Service or to transmit information to the statutory bodies can be unpredictable and may, from time to time, interfere with or prevent access to the Service or its operation. Payroll Panda is not in any way responsible for any such interference with or prevention of your use of or access to the Service. In such cases, you must contact customer support by other means for instructions on how to calculate payslips for your employees and make statutory payments and submissions. You will, at your own cost and expense, obtain, install and, at all times during its utilization of the Service, maintain in good working order all software, hardware and other equipment necessary for you to perform in accordance with this Agreement. In the event of any failure of such software, hardware or other equipment, you will deliver to Payroll Panda all data which you would otherwise have provided that is necessary for Payroll Panda to perform Payroll Panda’s obligations in connection with the Services.

You agree not to:

Payroll Account

You will designate and authorize either yourself and/or one or more individual users of the Service with authority to act on your behalf and to bind you and/or your business (each a “Payroll Administrator”), who may access the Service by entering a confidential email and password created by following the instructions provided via the Service and which will entitle them, depending on their designation and permissions given, to have authority to access, review, modify and/or provide approvals on your behalf. The Payroll Administrator will approve and submit the Payroll Information thereby authorizing Payroll Panda to create and transmit forms and files necessary to process your payroll and statutory body transactions.

You will, and will cause your authorized users to, take reasonable steps to maintain the confidentiality of the authorization procedures and the email/password combination and related instructions provided by Payroll Panda. If you believe or suspect that any such email/passwords or related instructions have been known or accessed by unauthorized persons, you will immediately notify Payroll Panda in a manner affording Payroll Panda a reasonable opportunity to act on the information, and you acknowledge that failure to immediately notify Payroll Panda could result in unauthorized access to confidential information concerning you and your employees. Payroll Panda reserves the right to prevent access to the Service should Payroll Panda have reason to believe the confidentiality of the security procedure or the confidentiality of the email/passwords have been compromised. You are responsible for any actions taken on the Service by your Payroll Administrator and/or any other authorized users, and for any transactions resulting from your failure to maintain the confidentiality of your account. You agree that the provision of a email/password by you, your Payroll Administrator and/or any other authorized users, will have the same effect as providing a written signature authorizing electronic payments, submissions and other actions on the Service.

Payroll Information

Payroll Panda will notify you via electronic communication or by other means when all data necessary to begin the Service has been received and the enrollment process has been completed. You shall then, prior to submitting your first payroll, review for completeness and accuracy the Payroll Information. For purposes of this Agreement, “Payroll Information” shall mean all information posted for your review on the Service such as, the information used to calculate and pay employee payroll, track your employee’s leave, payments of pcb/epf/socso in compliance with the laws and regulations of such statutory bodies. You must correct incorrect or missing Payroll Information, either by itself or by notifying Payroll Panda in the manner specified in the electronic communication and within the time period specified therein. You are fully responsible for the accuracy of all information you provide, submit and/or approve, including, without limitation any penalties.

You agree that by submitting each payroll (including the first payroll):

Payroll Panda may permit, but shall not be obligated to permit your Payroll Administrator or other a designated representative to communicate with Payroll Panda by electronic mail or other means about the Service. You acknowledge that any such electronic mail communication or other means of communication will be made available for your benefit and convenience, that any Payroll Information, Entries or other instructions communicated to Payroll Panda will be deemed to have been fully authorized by you and you shall be fully responsible for the accuracy of such information including, without limitation, any tax or other penalties; and that, notwithstanding such deemed authorization, Payroll Panda may in its sole discretion refuse to accept or act upon any such instructions.

Payroll Panda, its employees and agents will hold in strict confidence all data furnished by you or produced by Payroll Panda under this Agreement; provided, however, that such parties will not be held liable if such data is released through other sources, or if Payroll Panda, its employees and agents release the data because of a reasonable belief that you have consented to such disclosure.

Liability

In order to use the Service, you must submit accurate salary/wage and payroll information to Payroll Panda during the enrollment process. Payroll Panda will not be liable for any penalty, interest or other liability that results from inaccurate or incomplete information you supply. The payroll information must be reconciled with your employee’s previous payslips or previous payroll information for the current tax year. Thereafter, you shall timely and accurately update all wage and payroll information as necessary to reflect changes with additional information requested from time to time by Payroll Panda. It is your responsibility to submit complete and accurate information to Payroll Panda and to remit the fees due in connection with the Service. Any penalty incurred due to late remission of payment or inaccurate information provided by you will be your sole responsibility. You further agree to hold Payroll Panda harmless from such liability.

Services Fees and Charges

You agree to pay the fees for the Service in accordance with applicable fee schedule. You agree to reimburse Payroll Panda for any sales, use and similar taxes arising from the provision of the Service that Malaysian government may impose. Payroll Panda may charge additional fees for exceptions processing, setup and other special services. There will be no refunds or credits for partial months/years of service, downgrades or unused months with an open account. In order to treat everyone equally, no exceptions will be made. Payroll Panda reserves the right to change the schedule of fees from time to time. You will be notified of any change in fees at least 30 days in advance of the effective date. If a fee increase or change to this Agreement is not acceptable, you may cancel the Service as provided herein prior to the time when it takes effect. Your continued use of the Service constitutes your agreement to those changes. If Payroll Panda is unable to collect fees due because of insufficient funds in your Bank Account or for any other reason, you must pay the amount due immediately upon demand, plus any applicable exceptions processing fees, bank fees or charges for return items. In addition, Payroll Panda may suspend the Service or terminate this Agreement and avail itself of any other available remedy. Payroll Panda also reserves the right to make any appropriate reports to credit reporting agencies, financial institutions, statutory bodies and polis, and cooperate with them in any resulting investigation or prosecution.

Disclaimer

Your use of the Service is entirely at your own risk. Payroll Panda is not in the business of providing legal, tax, financial, accounting, employment, or other professional services or advice. You should consult a professional trained in those areas if you need such assistance. The Service is provided "AS IS" and on an “AS AVAILABLE” basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Payroll Panda DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, NON-INFRINGEMENT, OR THE ACCURACY, RELIABILITY, QUALITY OF ANY INFORMATION OR CONTENT IN OR LINKED TO THE SERVICE. Payroll Panda DOES NOT WARRANT THAT THE SERVICE WILL BE COMPLETELY SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. If the exclusions for any implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of delivery of the Service.

Termination

The Service will continue until such time as you or Payroll Panda gives 30 days’ prior written notice (which may be given by email or through a notice in your account), unless termination is for cause. Payroll Panda may terminate or temporarily suspend your access to the Service in the event that:

Payroll Panda may immediately terminate this Agreement without notice to you if you file, or have filed against you, a petition under the Malaysian Bankruptcy Act or a similar state or federal law. The termination of the Service or this Agreement will not affect your or Payroll Panda’s rights with respect to transactions which occurred before termination. Upon any termination of the Service, your right to access and use the Service will automatically terminate, and you may not continue to access or use the Service. Payroll Panda will have no liability for any costs, losses, damages, or liabilities arising out of or related to Payroll Panda’s termination of this Agreement.

You agree to indemnify, defend and hold Payroll Panda and its agents, contractors, services providers and affiliates (each, an “Indemnified Party”), harmless against all liabilities, claims, demands, damages, losses, fines, judgments, disputes, costs, charges and expenses (including, without limitation, reasonable lawyer’s fees incurred in connection with such claims) made by you or others resulting from, arising out of or related to:

Termination

IN NO EVENT WILL Payroll Panda OR ANY OTHER INDEMNIFIED PARTY HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGES REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION OR WHETHER Payroll Panda OR ANY OTHER INDEMNIFIED PARTY KNEW OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.

Governing Law

This Agreement shall be interpreted and construed in accordance with the laws of the State of Selangor, without regard to the conflicts of laws principles thereof. You irrevocably submit (for yourself and in respect of your property and business) to the jurisdiction of any state or federal court sitting in selangor, in any action or proceeding arising out of, or relating to, this Agreement and acknowledge and agree that all claims in respect of the action or proceeding may be heard and determined in any such court. You also agree not to bring any action or proceeding arising out of, or relating to, this Agreement in any other court. You waive any defense of inconvenient forum to the maintenance of any action or proceeding so brought.

Changes to the Service

Payroll Panda reserves the right to change the terms, conditions, and services at any time, which will be effective when posted on the Service or when you are notified by other means. Payroll Panda will try to, but is not obligated to, provide thirty (30) days prior notice of any such material change. If you do not wish to be bound by such change, you may discontinue using and terminate the Service before the change becomes effective. Your continued use of the Service after the change becomes effective, indicates your agreement to the change.

General

This Agreement constitutes the entire agreement between Payroll Panda and you regarding the Service and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as otherwise provided herein. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You may not assign this Agreement without the prior written consent of Payroll Panda. The provisions of this Agreement shall inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns.

Electronic Transmission

This Agreement, and any amendments hereto, by whatever means accepted, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effect as if it were an original signed version thereof delivered in person. Neither party hereto shall argue that a contract was not formed hereunder based on either:

Terms & Conditions of PayrollPanda Service

Updated 6 March 2020

By using the PayrollPanda online application or website (“Service”), you agree to be bound by the following terms and conditions (“Terms of Service”).

If you are agreeing to these terms on behalf of a business, you represent and warrant that you have the authority to bind that business to this Agreement, and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” refer to that business.

Payroll Panda Sdn Bhd reserves the right to update and change the Terms of Service without notice.

Any new features that augments or enhances the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time here.

Violation of any of the terms below will result in the termination of your account. You agree to use the Service at your own risk.

Terms

  1. You must be of an age of majority in your country, state or province of residence.
  2. You must provide your full name, a valid email address, phone number and any other information requested in order to complete the sign-up process.
  3. You are responsible for maintaining the security of your account and password. Payroll Panda Sdn Bhd cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  4. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Service

  1. As long as you meet your payment obligations and comply with the terms of this Agreement, Payroll Panda Sdn Bhd will provide you the Service for the purpose of calculating payroll.
  2. In performing the Service, you acknowledge and agree that Payroll Panda Sdn Bhd is not acting in a fiduciary capacity for you and/or your business and using the Service does not relieve you of your obligations under Malaysian laws or regulations to retain records relating to your data contained in the Service.
  3. The Service does not include obtaining access to the Internet for connecting to the Service. You acknowledge that the operation and availability of the Service can be unpredictable. Payroll Panda Sdn Bhd is not in any way responsible for any such interference with or prevention of your use of or access to the Service.
  4. You are fully responsible for the accuracy of all information you provide, submit and/or approve using the Service, including, without limitation any penalties.
  5. In case Payroll Panda Sdn Bhd sets up the account for you (“Account Setup”), the information input is based on the details that you provide in the Account Setup file that you share with us. You are expected to check your account thoroughly prior to running the payroll to ensure all payroll data is correct and all company and employee settings are in accordance with your company policy and the statutory regulations. It is your responsibility to ensure that all information used to calculate statutory deductions is correct, and we at Payroll Panda Sdn Bhd cannot be held liable for any wrong information provided in the file or any incorrect input. Remember to also check the statutory contribution settings of any custom payroll items created during setup.
  6. You will designate and authorize either yourself and/or one or more individual users of the Service with authority to act on your behalf and to bind you and/or your business (each a “Payroll Administrator”), who may access the Service by entering a confidential email and password created by following the instructions provided via the Service and which will entitle them, depending on their designation and permissions given, to have authority to access, review, modify and/or provide approvals on your behalf.
  7. You will, and will cause your authorized users to, take reasonable steps to maintain the confidentiality of the authorization procedures and the email/password combination and related instructions provided by the Service. If you believe or suspect that any such email/passwords or related instructions have been known or accessed by unauthorized persons, you will immediately notify Payroll Panda Sdn Bhd in a manner affording Payroll Panda Sdn Bhd a reasonable opportunity to act on the information, and you acknowledge that failure to immediately notify Payroll Panda Sdn Bhd could result in unauthorized access to confidential information concerning you and your employees. Payroll Panda Sdn Bhd reserves the right to prevent access to the Service should Payroll Panda Sdn Bhd have reason to believe the confidentiality of the security procedure or the confidentiality of the email/passwords have been compromised. You are responsible for any actions taken on the Service by your Payroll Administrator and/or any other authorized users, and for any transactions resulting from your failure to maintain the confidentiality of your account.

Billing

  1. The Service is billed upon completing your payroll on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months/years of service, downgrades or unused months with an open account.
  2. The billable amount is based on the number of employees you process payroll for.
  3. All advertised fees are exclusive of any taxes, levies or duties imposed by taxing authorities. A 6% Service Tax (SST) is charged on top of the Service fees as imposed by the Malaysian government.
  4. Payment has to be made within 7 days of receipt of the invoice. Payment can be made online via FPX or via bank transfer. You will not be able to run payroll for any other month until the invoice is paid.
  5. If you switch plan, i.e. monthly to annually or vice versa, the new rate will be applied on the next billing cycle (following month’s payroll or year depending on the subscription) and payment will be automatically taken on the basis of the payment details provided.

Billing Calculation (Monthly)

  1. Upon completing your payroll run, you will be invoiced based on the number of employees you processed payroll for. E.g. If you run payroll for 10 employees you will be charged for 10 employees.
  2. The latest charges can be found on our homepage, www.payrollpanda.my under pricing.
  3. In case you reduce or increase the number of employees you process payroll for, you will be billed. E.g. If you run payroll for 1 more employee, your charges for that payroll will increase accordingly. Read more on billing examples here.
  4. All fees are exclusive of all taxes, levies or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies or duties. A 6% Service Tax (SST) is charged on top of the Service fees as imposed by the Malaysian government.

Billing Calculation (Annually)

  1. Upon completing your first paid payroll run for an annual plan, you will be invoiced based on the number of employees you processed payroll for, for a period of 12-months. E.g. If you run payroll for 10 employees you will be charged for 10 employees, for a period of 12-months. It entitles you to run payroll for 12 months for that number of employees up until the renewal date. Renewal is due 12 months from the invoice date.
  2. The latest charges can be found on our homepage, www.payrollpanda.my under pricing. Annual pricing is multiplied by 12-months, minus an annual discount (Annual Discount). Read more on billing examples here.
  3. In case you increase the number of employees you process payroll for, you will be billed for that employee for the remainder of the subscription period. E.g. If you run payroll for 1 additional employee, your charges will increase with the employee fee multiplied with the remaining months of the subscription, minus the annual discount. Read more on billing examples here.
  4. In case you reduce the number of employees you process payroll for, no refund is provided. For the remainder of the subscription period you can process payroll for the total number of employees you subscribed for. E.g. If you subscribed for 10 employees, each month for the duration of the subscription you can run payroll for a total of 10 employees.
  5. All fees are exclusive of all taxes, levies or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies or duties. A 6% Service Tax (SST) is charged on top of the Service fees as imposed by the Malaysian government.

Cancellation

  1. Your subscription automatically stops once you stop processing payroll.
  2. If you are on a monthly plan, and you stop processing payroll, you will not be charged again.
  3. If you are on an annual plan, and you stop processing payroll, you will not be charged again. No refund will be issued for any unused months paid for under the annual plan.
  4. You can delete your account by contacting the PayrollPanda team through the in-app messaging service, via e-mail at admin@payrollpanda.my or at +60 3 2787 9168. Your Account will then be removed by our team in a timely manner and we will verify when this process has been completed through an email confirmation.
  5. All of your content will be immediately deleted from the Service upon deletion. This information cannot be recovered once your Account has been removed.
  6. Payroll Panda Sdn Bhd in its sole discretion has the right to suspend or terminate your Account and to refuse any and all current or future use of the Service or any other Payroll Panda Sdn Bhd service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account.

Liabilities

  1. In order to use the Service, you must submit accurate salary/wage and payroll information to Service during the enrollment process. Payroll Panda Sdn Bhd will not be liable for any penalty, interest or other liability that results from inaccurate or incomplete information you supply. The payroll information must be reconciled with your employee’s previous payslips or previous payroll information for the current tax year. Thereafter, you shall timely and accurately update all wage and payroll information as necessary to reflect changes. It is your responsibility to submit complete and accurate information to the Service and to remit the fees due in connection with the Service. It is your responsibility to check that statutory contributions are calculated accurately. Payroll Panda Sdn Bhd won't be held liable for any penalties imposed by any statutory bodies due to underpayment of statutory contributions. Payroll Panda Sdn Bhd will not be held liable for any errors resulting from faulty banking files. Any penalty incurred will be your sole responsibility. You further agree to hold Payroll Panda Sdn Bhd harmless from any liability.
  2. IN NO EVENT WILL Payroll Panda Sdn Bhd OR ANY OTHER INDEMNIFIED PARTY HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGES REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION OR WHETHER Payroll Panda Sdn Bhd OR ANY OTHER INDEMNIFIED PARTY KNEW OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.

Disclaimer

  1. Your use of the Service is entirely at your own risk. Payroll Panda Sdn Bhd is not in the business of providing legal, tax, financial, accounting, employment, or other professional services or advice. You should consult a professional trained in those areas if you need such assistance.
  2. The Service is provided "AS IS" and on an “AS AVAILABLE” basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Payroll Panda Sdn Bhd DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, NON-INFRINGEMENT, OR THE ACCURACY, RELIABILITY, QUALITY OF ANY INFORMATION OR CONTENT IN OR LINKED TO THE SERVICE. Payroll Panda Sdn Bhd DOES NOT WARRANT THAT THE SERVICE WILL BE COMPLETELY SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. If the exclusions for any implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of delivery of the Service.

Governing Law

  1. This Agreement shall be interpreted and construed in accordance with the laws of Malaysia, without regard to the conflicts of laws principles thereof. You irrevocably submit (for yourself and in respect of your property and business) to the jurisdiction of any state or federal court sitting in Malaysia, in any action or proceeding arising out of, or relating to, this Agreement and acknowledge and agree that all claims in respect of the action or proceeding may be heard and determined in any such court. You also agree not to bring any action or proceeding arising out of, or relating to, this Agreement in any other court. You waive any defense of inconvenient forum to the maintenance of any action or proceeding so brought.

General Conditions

  1. This Agreement constitutes the entire agreement between Payroll Panda Sdn Bhd and you regarding the Service and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You may not assign this Agreement without the prior written consent of Payroll Panda Sdn Bhd. The provisions of this Agreement shall inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns.
  2. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
  3. You understand that Payroll Panda Sdn Bhd uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Payroll Panda Sdn Bhd, or any other Payroll Panda Sdn Bhd service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service without the express written permission by Payroll Panda Sdn Bhd.
  6. We may, but have no obligation to, remove content and Accounts that are determined as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Payroll Panda Sdn Bhd customer, employee, member or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. Payroll Panda Sdn Bhd does not warrant that:
    • the Service will meet your specific requirements;
    • the Service will be uninterrupted, timely, 100% secure or error-free;
    • the results that may be obtained from the use of the Service will be accurate or reliable;
    • the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; and
    • any errors in the Service will be corrected.
  10. You expressly understand and agree that Payroll Panda Sdn Bhd shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Payroll Panda Sdn Bhd has been advised of the possibility of such damages) resulting from:
    • the use or the inability to use the Service;
    • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
    • data breaches if beyond our control and we have informed you no later than 72 hours since the breach;
    • statements or conduct of any third party on the Service;
    • or any other matter relating to the service.
  11. The failure of Payroll Panda Sdn Bhd to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Payroll Panda Sdn Bhd and govern your use of the Service, superseding any prior agreements between you and Payroll Panda Sdn Bhd (including, but not limited to, any prior versions of the Terms of Service).
  12. Questions about the Terms of Service should be sent to admin@payrollpanda.my.

Electronic Transmission

This Agreement, and any amendments hereto, by whatever means accepted, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effect as if it were an original signed version thereof delivered in person. Neither party hereto shall argue that a contract was not formed hereunder based on either:

Modifications

  1. Payroll Panda Sdn Bhd reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice.
  2. Prices of all Services, including but not limited to monthly and annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the PayrollPanda site (www.payrollpanda.my) or the Service itself.
  3. Payroll Panda Sdn Bhd shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
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