Welcome to KhamiPay. This Service Agreement ("Agreement") represents the entire agreement between you ("Client" or "User") and Polymath Solutions Private Business Corporation (P.B.C) ("Polymath Solutions," "we," "us") regarding your use of the KhamiPay payroll management software-as-a-service application ("Service").

By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions set forth in this Agreement. If you do not agree to these terms, you must not use the Service.

1. Description of Service

KhamiPay is a cloud-based payroll and human resources management software solution designed specifically for businesses operating in Zimbabwe. The Service enables Users to calculate payroll, track employee leave, generate payslips, and manage statutory compliance obligations such as ZIMRA, NSSA, and NEC reporting.

We reserve the right to modify, update, or discontinue certain features of the Service at our sole discretion without prior notice, provided such modifications do not materially degrade the core functionality of the Service for which you have paid.

2. Account Registration and Security

• Eligibility: You must be an authorized representative of a registered business or organisation to create an account.
• Accuracy: You agree to provide true, accurate, current, and complete information during the registration process and to maintain the accuracy of such information.
• Security: You are strictly responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to protect your login information.

3. Fees and Payment

The Service is provided on a subscription basis. By subscribing, you agree to pay all applicable fees according to the pricing plan you selected.

• Billing Cycle: Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan.
• Taxes: All fees are exclusive of Value Added Tax (VAT) and any other applicable taxes, which will be added to your invoice as required by Zimbabwean law.
• Non-Payment: Failure to pay subscription fees may result in the suspension or termination of your access to the Service. We reserve the right to withhold access to payroll data until outstanding balances are settled.

4. User Obligations and Compliance

While KhamiPay provides tools to assist with statutory compliance, you remain solely responsible for the accuracy of all data entered into the system and for ensuring ultimate compliance with all Zimbabwean labour, tax, and employment laws.

• You agree not to use the Service for any unlawful or fraudulent purpose.
• You agree not to attempt to breach the security of the Service, reverse engineer the software, or access data belonging to other users.
• You represent and warrant that you have obtained the necessary consent from your employees to process their personal and financial data within KhamiPay, in accordance with the Cyber and Data Protection Act [Chapter 12:07].

5. Intellectual Property

All intellectual property rights in the Service, including but not limited to software code, design, logos, and documentation, are the exclusive property of Polymath Solutions P.B.C. This Agreement grants you a limited, non-exclusive, non-transferable license to use the Service; it does not transfer any ownership rights to you.

6. Limitation of Liability

To the maximum extent permitted by applicable law, Polymath Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Service.

Our total liability arising out of or related to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.

7. Termination

You may terminate this Agreement at any time by canceling your subscription and ceasing use of the Service. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

Upon termination, your right to use the Service will immediately cease. We will retain your data in accordance with our Privacy Policy and statutory obligations before permanent deletion.

8. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Zimbabwe, without regard to its conflict of law provisions. Any dispute arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Harare, Zimbabwe.

9. Contact Information

If you have any questions or concerns regarding this Service Agreement, please contact us:

POLYMATH SOLUTIONS PRIVATE BUSINESS CORPORATION (P.B.C)
Reg: PBC 1007/2021 | TIN: 2001896700
Phone: +263 71 267 6093
Email: legal@polymathsolutions.co.zw