Terms and Conditions

1. Acceptance of these Terms

1.1 These Terms and Conditions (“Terms”) govern access to and use of the Payroll Partner platform (the “Platform”), provided by Overberg Business Systems (“we”, “us”, “our”, “the Company”).

1.2 By creating an account, you (“the User”, “you”, “your business”) confirm that you have read, understood, and agree to be bound by these Terms, including the Protection of Personal Information Act, 2013 (“POPIA”) provisions in clause 8. If you do not agree to these Terms, you may not create an account or use the Platform.

1.3 You confirm that the person accepting these Terms on behalf of a business has the authority to bind that business to these Terms.

1.4 These Terms apply in addition to, and do not replace, any separate written agreement signed between you and the Company.

2. Description of the Service

2.1 The Platform is a software tool that allows a business to: import staff clock-in/clock-out data exported from third-party point-of-sale or time-and-attendance systems (including but not limited to Odyssey Cloud); record staff roles and hourly wages; apply configurable pay rules (including South African statutory rates for Saturdays, Sundays, public holidays, and overtime); calculate gross and net pay including estimated PAYE and UIF deductions; and generate and distribute payslips.

2.2 The Platform is a calculation and record-keeping tool only. It does not constitute payroll administration services, tax advice, legal advice, or labour law advice, and does not itself pay any employee, SARS, or any other party. You remain solely responsible for making all actual payments to your employees, SARS, and any other authority.

2.3 You are solely and entirely responsible for: the accuracy of all data you upload or enter into the Platform; verifying that the pay rules, tax tables, and public holiday calendar configured in your account are correct and current; reviewing every payslip and calculation for accuracy before relying on it, paying it out, or distributing it to an employee; and your business’s compliance with all applicable law, including the Basic Conditions of Employment Act, the Income Tax Act, the Unemployment Insurance Contributions Act, and POPIA.

3. Free Trial and Subscription

3.1 New accounts receive a 30 (thirty) day free trial period from the date of account creation, during which full access to the Platform is provided at no charge.

3.2 On expiry of the free trial, continued access requires a paid subscription. To arrange payment (by debit order), you must contact us at hello@obis.co.za. We are under no obligation to provide continued access after the trial period ends until payment arrangements have been made.

3.3 We may suspend or terminate access to the Platform, including access to previously entered data, for non-payment, without liability to you for any resulting loss, subject to applicable law.

3.4 We may change our pricing or subscription terms on reasonable notice to you.

4. Your Obligations

4.1 You must ensure that all information you upload, enter, or otherwise provide to the Platform (including staff data, wage rates, ID numbers, and shift data) is accurate, current, and lawfully obtained.

4.2 You must keep your account credentials confidential and are responsible for all activity that occurs under your account.

4.3 You must independently verify every payroll calculation and payslip generated by the Platform before relying on it or distributing it to any employee. You must not treat any output of the Platform as a substitute for your own review or for professional payroll, tax, or legal advice.

4.4 You are responsible for obtaining any consents required from your employees for their personal information (including ID numbers) to be processed via the Platform.

5. No Warranty

5.1 THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5.2 We do not warrant that the Platform will be uninterrupted, error-free, or free of defects, or that any calculation, payslip, tax figure, or public holiday determination produced by the Platform will be accurate or compliant with current law at all times.

5.3 You use the Platform entirely at your own risk.

6. Limitation of Liability

6.1 To the maximum extent permitted by law, the Company, its directors, employees, and agents shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages, or for any loss of profit, revenue, data, goodwill, or business, arising out of or in connection with your use of, or inability to use, the Platform — including without limitation any loss arising from an incorrect payroll calculation, an incorrect or non-compliant payslip, a data import or parsing error, data loss or corruption, or any claim, penalty, or dispute brought by an employee, SARS, the Department of Employment and Labour, or any other person or authority as a result of your use of the Platform — whether such liability arises in contract, delict (including negligence), or otherwise.

6.2 Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for our own gross negligence or wilful misconduct, or any liability that cannot be excluded under the Consumer Protection Act, 2008, to the extent it applies to the relationship between you and the Company.

6.3 Subject to clause 6.2, our total aggregate liability to you arising out of or in connection with these Terms or your use of the Platform, however arising, shall not exceed the total subscription fees paid by you to us in the three (3) months preceding the event giving rise to the claim.

7. Indemnity

7.1 You indemnify and hold harmless the Company, its directors, employees, and agents against any claim, loss, damage, penalty, fine, or expense (including reasonable legal costs) arising from or in connection with: your use of the Platform; your breach of these Terms; the accuracy of data you provided to the Platform; or any claim brought against you by an employee, SARS, or any other authority in relation to payroll processed using the Platform.

8. Data Protection and POPIA

8.1 In relation to the personal information of your employees that you process using the Platform (including names, ID numbers, wage information, and shift data), you are the “Responsible Party” as defined in POPIA, and the Company acts as an “Operator” processing that personal information solely on your instruction and for the purpose of providing the Platform to you.

8.2 As the Responsible Party, you are responsible for: having a lawful basis to process your employees’ personal information; providing your employees with any notices required under POPIA; and ensuring your use of the Platform complies with POPIA and any other applicable data protection law.

8.3 We will: process personal information only as reasonably necessary to provide the Platform; apply reasonable technical and organisational security measures to protect personal information against loss, unauthorised access, and unauthorised disclosure (including encryption of sensitive fields and access controls restricting each business’s data to that business only); not sell or use your employees’ personal information for any purpose other than providing the Platform to you; and notify you without undue delay if we become aware of a security compromise affecting personal information processed on your behalf, so that you can meet your own notification obligations under POPIA.

8.4 On request, and subject to any legal retention requirement, we will assist you in responding to a data subject request (such as a request for access to, correction of, or deletion of an employee’s personal information) and will delete or return personal information on termination of your account, save where retention is required by law (for example, tax record-keeping requirements).

8.5 Payslip links sent via WhatsApp or email are protected by a non-guessable, time-limited token and require the recipient to verify their identity before the payslip is shown; you remain responsible for ensuring links are sent to the correct recipient.

9. Intellectual Property

9.1 The Platform, including its software, design, and content, is owned by or licensed to the Company and is protected by applicable intellectual property law. These Terms do not grant you any ownership rights in the Platform.

9.2 You retain ownership of the data you upload to the Platform (including staff and shift data).

10. Suspension and Termination

10.1 We may suspend or terminate your access to the Platform for breach of these Terms, non-payment, or if we reasonably believe your use of the Platform poses a risk to us, other users, or any third party.

10.2 You may stop using the Platform at any time. Termination does not affect any liability that accrued before termination.

11. Changes to these Terms

11.1 We may update these Terms from time to time. Continued use of the Platform after an update constitutes acceptance of the updated Terms. Material changes will be notified to you (for example, by email or an in-app notice) before they take effect.

12. Governing Law

12.1 These Terms are governed by the laws of the Republic of South Africa, and any dispute arising from them is subject to the exclusive jurisdiction of the South African courts.

13. Contact

Overberg Business Systems
Email: hello@obis.co.za