Welcome to ByondHR.com (the “Website”), a cloud-based HRMS software that empowers businesses with an extensive suite of HR and Payroll applications. By using the ByondHR cloud-based software 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.

Byondwave Consulting Sdn Bhd (“Company”) reserves the right to update and change the Terms of Service without notice. Any new features that augment or enhance the current Service, including the release of new tools, resources, or documentation, shall be subject to the Terms of Service. Your continued use of the Service after any such changes constitutes your consent to them. You can review the most current version of the Terms of Service at our website under Terms of Services section.

Violation of any of the terms outlined 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 legal age in your country, state, or province of residence to use the Service.
2. To complete the sign-up process, you must provide your full name, valid email address, phone number, and any other information required.
3. You are solely responsible for maintaining the security of your account and password. Failure to comply with this security obligation may result in loss or damage, for which the Company will not be liable.
4. The Service must not be used for any unauthorized or illegal purpose. Furthermore, you must not violate any laws in your jurisdiction (including but not limited to copyright laws) while using the Service.

Service

1. The Company will provide you with the Service for the purpose of automating your HR and Payroll processes as long as you meet your payment obligations and comply with the terms of the service.
2. In performing the Service, you acknowledge and agree that the Company 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, and the Company is not responsible for any interference with or prevention of your use of or access to the Service.
4. The Service does not include an email account service. Therefore, to set up the auto-email notification features, you will need to have your own email account from reliable third-party provider.
5. You are fully responsible for the accuracy of all information you provide, submit and/or approve using the Service, including, without limitation any penalties.
6. Prior to running payroll, it is your responsibility to thoroughly check your input in the Company Taxation Information setting in the system to ensure that all payroll data is correct and all company and employee settings comply with your company policy and statutory regulations. You must ensure that all information used to calculate statutory deductions is correct, and the Company cannot be held liable for any incorrect information provided in the system. Please also check the statutory contribution settings of any custom payroll items created during setup.
7. You must take reasonable steps to maintain the confidentiality of the authorization procedures and the email/password combination and related instructions provided by the Service, and you must cause your authorized users to do the same. If you believe or suspect that any such email/passwords or related instructions have been known or accessed by unauthorized persons, you must immediately notify the Company in a manner that allows the Company a reasonable opportunity to act on the information. Failure to immediately notify the Company could result in unauthorized access to confidential information concerning you and your employees. The Company reserves the right to prevent access to the Service if it believes that 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 ByondHR Administrator and/or any other authorized users, and for any transactions resulting from your failure to maintain the confidentiality of your account.

Billing

1. After the completion of the 7-day free trial, the Service will be billed on a monthly or annual basis, depending on your preference and the selected plan. Please note that the payment is non-refundable, and we do not offer any refunds or credits for partial months/years of service in case of cancellation.
2. The billable amount is determined by the number of employees from the selected plan. Find out more details about the available plans from our website under the 'Plans & Pricing' section.
3. Recurring payments will be automatically charged on the next billing date. In the event of an unsuccessful payment, you will have a grace period of 15 days to make the payment before your account is suspended. To avoid any interruptions in your account's services, please ensure that your payment method is up to date.
4. If you choose to switch plans (monthly to annually, or vice versa), the new rate will be applied to the next billing cycle (following month’s or year, depending on your subscription), and payment will be automatically deducted based on the payment details provided.

Billing Calculation (Monthly)

1. Upon completion of the 7-day free trial, you will be automatically invoiced based on the selected plan for a monthly subscription, and the number of employees (users) will be automatically allocated from the selected plan.
2. You can find the latest charges for our plans on our website, under the 'Plans & Pricing' section.
3. Downgrading the subscribed plan is not allowed. However, you are allowed to add additional employees on top of the subscribed plan, and the additional employee(s) price will be billed on a monthly basis.

Billing Calculation (Annually)

1. Upon completing the 7-day free trial, you will be invoiced for an annual plan based on the selected plan for a period of 12 months, and the number of employees (users) will be automatically allocated from the selected plan. For example, if you select the Plus plan, you will be charged for a period of 12 months. Renewal is due 12 months from the invoice date.
2. The latest charges can be found on our website under 'Plans & Pricing'. Annual pricing is calculated by multiplying the monthly fee by 12 months, minus the annual discount (if applicable).
3. Downgrading the subscribed plan is not allowed. However, you are allowed to add additional employees on top of the subscribed plan, and the additional employee(s) price will be billed on a monthly basis.

Cancellation

1. If you choose to cancel your subscription, you will continue to have access to the system until the end of your subscription period. To assist you in keeping your data safe, we will give you an additional window of up to 5 days to export your data before your account is deactivated. If you need help exporting your data after your account has been deactivated, please contact us; it can be done for a fee.
   
   Please understand that data will remain in the system for up to 3 months after the service is deactivated. During this period, if you decide to resubscribe, you can have your account reactivated with the same set of data, making it easy for you to pick up where you left off. However, after this 3-month period, your data will be permanently deleted from our server to ensure your privacy and security are protected.
2. Your subscription automatically stops from the next billing cycle.
3. If you are on a monthly plan, you will not be charged again in the next monthly billing cycle.
4. If you are on an annual plan, and choose to cancel your annual plan mid-year, you will not be refunded for any unused months paid for under the annual plan.
5. If you are on an annual plan with purchased additional users and choose to cancel your annual plan mid-year, the additional users, who are billed on a monthly basis, will be charged a lump sum in a new invoice. This invoice will be calculated based on the period from the next billing cycle until the last day of your annual subscription.
6. You can request to delete your account by contacting the ByondHR team via e-mail at [email protected]. We will aim to remove your account in a timely manner and will verify when this process has been completed through an email confirmation.
7. All of your content will be immediately deleted from the Service upon deletion. This information cannot be recovered once your Account has been removed.
8. The Company 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 Byondwave Consulting Sdn Bhd service, for any reason at any time. When an account is suspended or terminated, the user's data will be temporarily or permanently deleted from the Service, depending on the circumstances.

Use Limitation

1. This Service is intended for small, medium, or large businesses running cloud-based HR and Payroll processes. Any personal commercial use of this Service or its contents is strictly prohibited, and the Company reserves the right to deny access to any party found to be engaging in such non-permitted activities.

Trademarks

1. ByondHR.com, or simply ByondHR, is a trademark owned by the Company. Unauthorized use of the Company's trademarks in connection with any product or service that is not the Company's, or in any manner that may cause confusion or damage to the Company's reputation, is strictly prohibited. All trademarks displayed on this website that are not owned by the Company are the property of their respective owners.

Copyrights

1. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Malaysia and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by Malaysia and international copyright laws. All software used on this site is the property of the Company or its software suppliers and is protected by Malaysian and international copyright laws.

Third Party Information

1. While ByondHR.com makes every effort to ensure the accuracy of all information on the website, some of the information is supplied by independent third parties. As a result, ByondHR.com does not guarantee or warrant the accuracy, completeness, reliability, suitability, or availability of any information, product, or service provided on the website. Users of the website are advised to independently verify any information before relying on it.

Disclaimer of Warranties and Limited Liability

1. This Website is provided by the company on an “as is” and “as available” basis. The company makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site.
2. The company 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.
3. To use the Service, it is essential to provide accurate salary/wage and payroll information during the payroll process. The Company will not be held responsible for any penalty, interest, or other liability that may arise due to incomplete or inaccurate information provided by you. It is your responsibility to reconcile the payroll information with your employees' previous payslips or payroll information for the current tax year, and update wage and payroll information promptly and accurately to reflect any changes. You must submit complete and accurate information to the Service and remit the fees due. Additionally, you are responsible for ensuring that statutory contributions are calculated accurately. The Company will not be liable for any penalties imposed by statutory bodies due to the underpayment of statutory contributions or any errors resulting from faulty banking files. You agree to hold The Company harmless from any liability, and any penalties imposed will be your sole responsibility.
4. You expressly agree that your use of this website is at your sole risk. Any links to other websites are provided as a courtesy. They are not intended to nor do they constitute an endorsement by the company of the linked materials. To the full extent permissible by applicable law, the company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
5. The company does not warrant that this website, its servers, or e-mail sent from the company are free of viruses or other harmful components. The company will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, even if the company is made aware of the possibility of such damages.

Applicable Law

1. By accessing or using this Website, you agree that all matters relating to your access to, or use of, this Website shall be governed by the laws of Malaysia, without regard to its conflict of laws provisions. Any legal action or proceeding relating to your access to, or use of, this Website shall be instituted in a court in Malaysia and you agree to submit to the jurisdiction of such courts.

Updates to Terms and Conditions

1. We may update this Terms of Service from time to time, so users are encouraged to review it periodically. Any changes will be effective immediately upon posting on our website. We recommend that users regularly check our website for updates to ensure they are aware of any changes.
2. The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. We will strive to provide notice of any changes or disruptions to the Service, but we cannot guarantee that we will be able to do so.
3. 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 ByondHR website or the Service itself. We will provide at least 30 days notice of any changes to pricing, so that users have adequate time to adjust to the new pricing.
4. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. We will make every effort to minimize disruptions to the Service and provide notice of any changes, but we cannot be held liable for any such changes.

Contact Us

1. If you have any questions or concerns about our Terms of Service, please contact us at [email protected].