Terms & Conditions of PayrollPanda Service

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. An 8% 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. An 8% 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. An 8% 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

• The use of electronic means to deliver a signature or to indicate acceptance of this Agreement or
• The fact that any signature or acceptance of this Agreement was transmitted or communicated through electronic means; and each party forever waives any related defense.

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.