These Terms of Service (“Terms”) govern your access to and use of Delite Payroll’s website and Services. By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of a company or other entity (“Customer”), you represent that you have authority to bind that entity, and “you” refers to that entity.
1. Changes to These Terms
We may update these Terms at any time. If we do, we will update the “Last Updated” date above. Your continued use of the Services after changes become effective means you accept the updated Terms.
2. The Services
Delite provides payroll, HR, benefits, and compliance-related tools and services, including onboarding, reporting, and related administrative functionality (the “Services”). Some features may be delivered via or integrated with third-party providers.
3. Eligibility
You must be able to form a legally binding contract to use the Services. You may not use the Services for unlawful purposes.
4. Accounts and Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to limit access to authorized users and to notify us promptly of any suspected unauthorized use or security incident.
We may suspend access to protect the Services, our users, or the public, or to comply with law.
5. Orders, Fees, and Payment
If you purchase Services, the fees and commercial terms will be set out in an order form, statement of work, or services agreement (“Order”). If these Terms conflict with an Order signed by both parties, the Order controls for that conflict.
Unless otherwise stated in the Order:
Fees are due as described in the Order
Fees are non-refundable except as required by law or expressly stated in the Order
You are responsible for applicable taxes on fees (excluding taxes on Delite’s income)
6. Payroll Timing and Customer Responsibilities
Payroll and compliance outcomes depend on accurate and timely information provided by Customer. You agree to:
Provide accurate employee and payroll information (hours, earnings, deductions, pay rates, tax elections, etc.)
Review payroll previews/reports when provided and approve payroll on time
Maintain proper authorizations for payroll debits/credits and direct deposit
Comply with all laws applicable to your workforce (wage/hour, tax, benefits, recordkeeping)
You acknowledge that incorrect or late information may cause delays, failed payments, penalties, interest, or compliance issues.
7. Taxes, Compliance Tools, and No Professional Advice
Delite may provide tools and operational support related to payroll taxes and compliance workflows. Unless expressly stated in a written agreement, Delite does not provide legal, tax, or accounting advice. You are responsible for consulting your own advisors as needed and for your compliance decisions.
8. Acceptable Use
You will not (and will not allow others to):
Use the Services to violate laws or regulations
Attempt unauthorized access or interfere with security features
Upload malware, exploit vulnerabilities, or disrupt the Services
Reverse engineer, copy, or create derivative works of the Services (except where prohibited by law)
Use the Services to infringe privacy, security, or intellectual property rights
Misrepresent your identity or submit false information
We may suspend or terminate accounts for violations.
9. Customer Data and Data Processing
A. Customer Data
“Customer Data” means data submitted to the Services by or on behalf of Customer, including employee data.
Customer retains ownership of Customer Data. Customer grants Delite the right to host, process, transmit, and display Customer Data to provide, maintain, secure, and improve the Services and as otherwise permitted by these Terms, the applicable Order, and Delite’s Privacy Policy.
B. Processing Roles
Where Delite processes Customer Data on behalf of Customer, Delite acts as a processor/service provider and Customer acts as the controller/business. Customer is responsible for providing required notices and obtaining any necessary consents from employees and other end users.
10. Intellectual Property
Delite and its licensors own all rights in the Services, including software, designs, templates, and branding. You receive a limited, non-exclusive, non-transferable right to use the Services during the term, subject to these Terms and any Order.
11. Third-Party Services
The Services may integrate with or link to third-party services (e.g., banks, payment rails, benefits carriers, timekeeping systems, identity providers). Delite is not responsible for third-party services, and your use of them may be governed by their terms and policies.
12. Confidentiality
Each party may receive confidential information from the other. Each party will protect the other’s confidential information using reasonable care and will use it only as needed to perform under the agreement.
13. Suspension and Termination
We may suspend or terminate access to the Services for nonpayment (subject to the Order), material breach, security risks, suspected fraud, or legal compliance. Termination details (including notice, wind-down, and data return/deletion) may be specified in the Order.
14. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, DELITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Delite does not warrant uninterrupted or error-free operation, or outcomes dependent on Customer inputs, third-party systems, or banking networks.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
DELITE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA.
DELITE’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO DELITE FOR THE SERVICES IN THE [3/6/12] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations, so these may not fully apply to you.
16. Indemnification
Customer will indemnify and hold Delite harmless from claims arising out of:
Customer Data (including allegations it violates rights or laws)
Customer’s misuse of the Services
Customer’s breach of these Terms or applicable law
Delite will notify Customer of the claim and reasonably cooperate.
17. Governing Law; Venue
These Terms are governed by the laws of [STATE/COUNTRY], without regard to conflict of law principles. Any dispute will be brought in the state or federal courts located in [COUNTY, STATE], and the parties consent to personal jurisdiction there.
18. Contact
Questions about these Terms: [LEGAL@YOURDOMAIN.COM]
Support: [SUPPORT@YOURDOMAIN.COM]
Notices to Delite: [MAILING ADDRESS]
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