Administrator: The administrator appointed by the Customer which shall have full rights to manage the Account, including but not limited to the right to determine the Services required by the Customer, add or delete Users, set access rights, and upload the User’s Personal Data to the Platform.
Confidential Information: All information (however recorded or preserved) disclosed and/or made available by a party to the other party in connection with this Agreement which information is either labelled “Confidential” or should reasonably be considered as confidential because of its nature and the manner of its disclosure, including but not limited to Content, passwords and log-in details, and any trade secrets, source codes, designs, schemes and materials relating to Abaca’s development and provision of the Platform and Services.
Content: All data including Personal Data, reports, images, documents, materials and information submitted by the User to the Platform, or made available by Abaca through the Platform, in connection with the Services provided.
Customer: The person or entity that has entered into a Service Agreement with Abaca and that is acting as the employer to the Users.
Direct Debit Authorisation: Authorisation given by the Customer in a GIRO application form for a Participating Bank to process Abaca’s instructions to directly debit their bank account for the funding of Direct Deposits as well as to pay any fees or charges associated with the Services.
Direct Deposit: The option offered to the Customer at the point of purchase of the Services which involves the direct electronic payment transfer of salaries and/or other payments from a Customer’s account into Users’ individual bank accounts in accordance with the Customer’s instructions.
Disclosing Party: A party that makes available or provides access to Confidential Information in its possession or control to a Receiving Party in the performance of this Agreement.
Electronic Banking Services: The electronic banking and related services provided by the Participating Bank to Abaca for the operation of Direct Deposit.
Electronic Instructions: Any communication, instruction, order, message, data or information provided by Abaca to the Participating Bank via the Electronic Banking Services that is necessary to complete Direct Deposit.
Force Majeure Event:Anyevent, or a series of related events, that is outside the reasonable control of the party affected (including but not limited to failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).
Intellectual Property: All patents, rights to inventions, copyright and related rights, rights in software, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, moral rights, rights in designs, database rights, rights to use and protect the confidentiality of, Confidential Information, and all other intellectual property rights, in each case whether registered or unregistered which subsist or will subsist now or in the future in any part of the world.
Participating Bank: A financial institution that is duly authorised by the Customer to receive Electronic Instructions from Abaca to facilitate movement of funds from the Customers’ account to Abaca’s account and then to Users’ bank accounts for purposes of effecting the Direct Deposit.
Platform:Abaca’s online portal and any hardware,software, network and telecommunication links or part thereof that is used by Abaca for the provision of Services.
Receiving Party: A party that receives or has access to the Confidential Information in the control or possession of a Disclosing Party in the performance of this Agreement.
Representatives: all affiliates, employees, partners, officers, professional advisers, consultants, subcontractorsand agents.
Services:The range of payroll administration services which may be provided by Abaca to the Users as requested by the Customer under the Service Agreement and available on the Platform.
User(s): Either, (i) you, or (ii) individuals authorised by the Administrator to use and/or receive the benefit of the Services and who are the employees of the Customer.
For purposes of this Agreement, unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
PART B: ADDITIONAL TERMS AND CONDITIONS FOR SPECIFIC SERVICES
We do not anonymizing personal data and do not commercialise the data.
You acknowledge that we are acting as a data intermediary As defined in the Personal Data Protection Act 2012 (“PDPA”), as the same may be amended from time to time in connection with the provision of services on our Platform for our customers, and on the instructions of your employer (“Customer“).
Our Platform may, from time to time, contain links to and from the websites and/or platforms of our partner networks, advertisers, affiliates and third party service providers (“Third Party Sites“). If you follow a link to any of these Third Party Sites, please note that these Third Party Sites have their own privacy policies and that we do not accept any responsibility or liability for your engagement with these Third Party Sites and/or how they manage your personal data. Please check the individual privacy policies of these Third Party Sites for more information on how your personal data will be managed.
E-MAIL ADDRESS: email@example.com