1. Introduction

Welcome to Blenny, a premier software solution designed to streamline your payroll, certain human resources, contract management, and policy development processes. Developed with the needs of small to large enterprises in mind, Blenny offers a robust suite of tools to support your business operations in compliance with South African laws and international standards where applicable. This User Agreement outlines the terms under which you may use our services and software. By accessing or using Blenny, you accept these terms and enter into a binding legal agreement with Blenny.

Scope of Use: Blenny is intended for use by businesses seeking to optimize their payroll and human resources workflows. It should be used in accordance with the features and functionalities provided and as permitted by applicable laws.

Disclaimer: While we strive to provide a powerful and reliable software solution, certain external factors beyond our control may affect the performance of Blenny. By accepting this agreement, you acknowledge that operational interruptions may occur, and that Blenny disclaims liability for any disruption caused by such external factors.



2. Acceptance of Terms

By accessing or using Blenny, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including any amendments made from time to time. This document establishes a legally binding contract between you, hereinafter referred to as "User," and Blenny. If at any point you do not agree with any part of the current terms or future modifications, you must immediately stop using Blenny and deactivate your account, if applicable.

Consent: Your use of Blenny and any registration for Blenny services constitute your consent to enter into this agreement electronically and to receive electronically any notices provided through Blenny in connection with your use of the software.

Updates and Modifications: This Agreement is subject to change without notice. Updated versions of the Agreement will appear on Blenny’s website and become effective immediately. Continued use of the software after any such changes shall constitute your consent to such changes. We will endeavor to notify you of these changes through the communication methods listed in your account details.

Compliance with Laws: By agreeing to these terms, you warrant that you will use Blenny in accordance with all applicable laws and regulations, including but not limited to privacy, data protection (all within the Protection of Personal Information Act), and employment laws in your jurisdiction.



3. Services Provided

Blenny offers a robust suite of tools and functionalities aimed at optimizing your business operations, designed to meet the diverse needs of modern enterprises:

Payroll Processing: Automated salary calculations, tax withholdings, and compliance checks with South African tax regulations ensure efficient payroll management. Features include real-time payroll updates, generation of payslips, and year-end tax form preparation, aiding in full compliance with SARS requirements.

HR Management: Comprehensive tools facilitate the management of employee records, leave management, and attendance monitoring.

Contract Management: Streamlined digital solutions for creating, storing, and managing employee contracts, ensuring compliance with current laws. This includes templates for different types of employment agreements, customizable to specific terms and conditions, along with secure digital signing capabilities.

Policy Management: Support in developing and implementing effective workplace policies that comply with legal standards. Blenny helps you draft, revise, and disseminate policy documents, ensuring they are accessible and acknowledged by all employees through the platform.

Employee Self-Service: An application that allows employees to administer various aspects of employment, including time management, leave management, and viewing employment contracts and payslips.

App Services: Through the use of the system, the employer will be able to allow employees access to various approved services. These services may require a separate agreement between the employer and Blenny, and the employer has the sole right to approve these services.

Expansion and Updates: Blenny is committed to continuous improvement and innovation. As such, our services may expand or be updated to enhance functionality and user experience or to comply with new legal requirements. Users will be notified of significant changes to services or new feature releases.



4. User Responsibilities

As a user of Blenny, you play a crucial role in maintaining the security and effectiveness of your interactions with the software. You are responsible for:

Accuracy of Information: Ensuring that all personal and business information provided during registration and throughout the use of Blenny is accurate, complete, and kept up-to-date.

Account Security: Safeguarding any credentials associated with your account. This includes creating strong passwords, regularly updating them, and ensuring that access to Blenny is securely managed.

Legal Compliance: Ensuring that all activities conducted through your Blenny account comply with this Agreement and all applicable laws, regulations, and guidelines.

Responsible Use: Utilizing Blenny in a manner that respects the rights and dignity of others and does not abuse the services offered.

Notification of Issues: Promptly notifying Blenny of any technical or service-related issues encountered while using the software.

Data Backup: As a cloud-based solution, Blenny ensures data is automatically backed up on a separate server, supported by a service level agreement with the hosting supplier.

Multi-User Environment: Ensuring that each user in multi-user environments has their own credentials and adheres to responsibilities outlined in this Agreement.

Prohibition of Unauthorized Use: Refraining from using Blenny for unauthorized purposes, including attempts to reverse-engineer the software.



5. Intellectual Property Rights

Blenny and its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof) are owned by Blenny and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Ownership: All intellectual property rights in Blenny and the services provided, including all associated software, technology, text, content, images, graphics, logos, and trademarks, are owned by Blenny or its licensors. This includes any modifications, enhancements, or derivative works of the software.

License: Subject to your compliance with this Agreement, Blenny grants you a limited, non-exclusive, non-transferable, revocable license to access and use the software solely for your internal business purposes. This license does not grant you any rights to the source code of Blenny or to any intellectual property owned by Blenny or its licensors.

Trademark Use: The Blenny name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Blenny or its affiliates or licensors. You must not use such marks without the prior written permission of Blenny. All other names, logos, product and service names, designs, and slogans on this service are the trademarks of their respective owners.

Infringement Claims: If you believe that any content or materials on Blenny infringe upon your intellectual property rights, please notify us immediately with a detailed description of the alleged infringement. Blenny will investigate and address any reported infringements in accordance with applicable laws and regulations.

Consequences of Infringement: Any unauthorized use of Blenny’s intellectual property may result in the termination of the licenses granted by this Agreement and could lead to legal action against the infringing party. Blenny reserves the right to seek all remedies available under applicable law for any violations of this Agreement.



6. Termination

Blenny reserves the right to terminate or suspend your account and access to the software immediately, with or without prior notice, under the following conditions:

    
Breach of Agreement: If you violate any terms of this Agreement or engage in any prohibited activities, Blenny may terminate or suspend your account.

Non-Payment: Failure to pay any fees or charges due to Blenny within the specified time frame may result in the suspension or termination of your account.

Legal Requirements: Blenny may terminate or suspend your account if required to do so by law, or in response to lawful requests by public authorities.

User Request: You may terminate your account at any time by contacting Blenny’s customer support. Upon termination, you will lose access to all services and any data associated with your account.

Inactivity: Blenny reserves the right to terminate accounts that have been inactive for an extended period, typically defined as 12 months of non-use.

Effects of Termination: Upon termination, all licenses and rights granted to you under this Agreement will cease immediately. You will no longer have access to your account, including all data associated with it. Blenny will not be liable to you or any third party for termination of your account.

Data Retrieval: Before termination, you are responsible for retrieving any data you wish to retain. Blenny is not obligated to retain your data after termination and may delete your data from its systems.

Outstanding Payments: Any fees or charges incurred prior to termination remain your responsibility and must be paid in full.

Reactivation: If your account is suspended due to non-payment or inactivity, you may contact Blenny’s customer support to discuss reactivation options. Reactivation is subject to Blenny’s discretion and may require payment of outstanding fees.

Notification: Blenny will endeavor to notify you of the termination or suspension of your account through the contact information provided in your account details. However, failure to receive such notification does not affect the validity of the termination or suspension.



7. Disclaimer of Warranties

Blenny is provided on an "as is" and "as available" basis. Blenny, its subsidiaries, affiliates, and licensors make no warranties, either express or implied, about the services. Without limiting the generality of the foregoing, Blenny explicitly disclaims any warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of the course of dealing or usage of trade.

No Warranty of Accuracy: Blenny does not warrant that the information provided by the software is accurate, reliable, or correct; that the services will meet your requirements; that the services will be available at any particular time or location, uninterrupted or secure; or that any defects or errors will be corrected.

No Warranty of Security: Blenny does not warrant that the software will be free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the software and services.

Third-Party Content: Blenny may provide access to third-party content, links, and services. Blenny does not warrant, endorse, guarantee, or assume responsibility for any third-party content, products, or services.

Limitation of Remedies: Your sole remedy for dissatisfaction with Blenny is to stop using the services. No advice or information, whether oral or written, obtained from Blenny or through the services, will create any warranty not expressly stated herein.



8. Privacy and Data Protection

Blenny is committed to protecting your privacy and handling your personal and sensitive information in compliance with the Protection of Personal Information Act (POPIA) and other applicable data protection laws.
Data Collection: We collect personal information that you provide to us directly, such as when you create an account, use our services, or communicate with us. This may include your name, email address, contact details, and any other information necessary to provide and improve our services.

Data Use: We use the information we collect to operate, maintain, and improve Blenny, to communicate with you, to process transactions, and to comply with legal obligations. Your data is used for the purposes of payroll processing, HR management, contract management, and policy development as outlined in our services.

Data Sharing: We do not sell or rent your personal information to third parties. We may share your information with trusted third-party service providers who assist us in operating our business, as well as with legal authorities if required by law.

Data Security: We implement a variety of security measures to ensure the safety of your personal information. This includes encryption, access controls, and secure servers. We also regularly review our data collection, storage, and processing practices to protect against unauthorized access, alteration, disclosure, or destruction of your personal information.

Your Rights: You have the right to access, correct, update, or delete your personal information. You can manage your account settings through the Blenny interface or contact us directly for assistance. You also have the right to object to or restrict certain processing of your personal information.

Cookies and Tracking Technologies: Blenny uses cookies and similar tracking technologies to enhance your user experience, analyze usage patterns, and deliver personalized content. You can manage your cookie preferences through your browser settings.

Changes to the Privacy Policy: Our Privacy Policy may be updated from time to time. We will notify you of any significant changes through email or by posting a notice on our website. Continued use of Blenny after any changes indicates your acceptance of the updated policy.

Contact Information: For more details on our privacy practices, please refer to our full Privacy Policy at [Insert Privacy Policy URL]. If you have any questions or concerns about our data protection practices, please contact us at [Insert Contact Information].



9. Updates and Maintenance

Blenny is committed to continuously improving and maintaining our software to ensure optimal performance and security. This section outlines our policies regarding updates and maintenance.
Types of Updates: Blenny may release various types of updates, including but not limited to security patches, bug fixes, new features, and performance enhancements. These updates are designed to improve the overall functionality and user experience of the software.

Scheduled Maintenance: We conduct regular maintenance to ensure the stability and security of Blenny. Scheduled maintenance typically occurs during off-peak hours to minimize disruption. Users will be notified in advance of any planned maintenance that may affect access to the software.

Emergency Maintenance: In some cases, emergency maintenance may be necessary to address critical issues or security vulnerabilities. While we strive to provide notice, emergency maintenance may occur without prior warning to ensure the immediate protection and integrity of the system.

User Notifications: For significant updates and scheduled maintenance, we will notify users through various communication channels, including email, in-software notifications, or announcements on our website. It is your responsibility to keep your contact information up to date to receive these notifications.

Impact on Access: Updates and maintenance activities may temporarily affect your access to Blenny. We aim to minimize downtime and will make efforts to complete updates and maintenance as quickly and efficiently as possible.

User Actions: Instructions for any required user actions will be provided in the update notifications.

No Warranty for Updates: While we strive to release updates that enhance the software, we do not guarantee that updates will be free from errors or that they will meet your specific requirements.

Feedback: We welcome user feedback on updates and maintenance. If you encounter any issues or have suggestions for improvements, please contact our support team.



10. Subscription Fees and Payment Terms
Blenny offers a subscription-based service with various plans tailored to meet the needs of different organizations. This section outlines the details regarding subscription fees, payment terms, cancellation, and refund policies.

Subscription Plans: Blenny offers several subscription plans based on the number of employees in your organization. Details of the plans, including features and pricing, can be found on our website.

Payment Methods: We accept various payment methods, including credit/debit cards and electronic funds transfers (EFT). All payments must be made in South African Rand (ZAR).

Billing Cycle: Subscription fees are billed on a monthly basis, depending on the plan you select. Your billing cycle starts on the day you subscribe to Blenny and renews automatically unless cancelled.

Late Fees: If payment is not received by the due date, Blenny reserves the right to charge a late fee and where the service has been suspended, Blenny may request a re-activation fee. Continued non-payment may result in suspension or termination of your account.

Price Changes: Blenny reserves the right to change the subscription fees for our services at any time. Any changes to fees will be communicated to you at least 30 days in advance. If you do not agree to the new fees, you must cancel your subscription before the new fees take effect.

Refund Policy: Refunds are not provided for partial months or unused services. If you cancel your subscription, you will continue to have access to Blenny until the end of your current billing cycle. After that, your access will be terminated.

Cancellation: You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellations will take effect at the end of your current billing cycle, and no further charges will be made.

Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it. Renewal charges will be based on the subscription plan you have selected at the time of renewal.

Promotional Offers: Any promotional offers or discounts applied to your subscription are subject to the terms and conditions of the promotion. Promotional offers may not be combined unless expressly stated.

Taxes: All subscription fees are exclusive of VAT.



11. Data Retention and Deletion Policies

Blenny is committed to managing your data responsibly. We retain your personal and business data for as long as necessary to provide our services, fulfill legal obligations, and maintain business records. Upon termination of your account, your data will be archived and stored securely for a period in accordance with legal retention requirements.



12. User Consent for Data Collection and Usage
By using Blenny, you consent to the collection, processing, and use of your data as outlined in our Privacy Policy. This includes data collected directly from you (e.g., through account registration, usage, or customer support requests) and data automatically collected through the Blenny platform (e.g., usage analytics, system logs). Blenny uses this data to improve software functionality, provide customer support, and tailor communications to your needs.

Transparency in Data Usage: Blenny is committed to transparency in how your data is collected, processed, and stored. We outline specific purposes for which your data is used in our Privacy Policy and strive to ensure that these practices align with data protection laws. Should we make any substantial changes to our data collection practices, you will be notified, and your continued use of Blenny will constitute acceptance of these changes.



13. No Waiver of Rights
Blenny’s failure to enforce any right, provision, or remedy under this Agreement does not constitute a waiver of such right, provision, or remedy. Blenny retains the right to enforce all provisions of this Agreement at its discretion and reserves all rights granted within, regardless of whether they are enforced immediately. Any waiver of a specific term or condition in one instance does not constitute a waiver of that term in any other instance, nor does it preclude Blenny from enforcing any future breach of this Agreement.



14. Security and Vulnerability Reporting Policy
Blenny is committed to maintaining a secure environment for its users and continually enhancing the security of its platform. Users who identify potential security vulnerabilities, weaknesses, or flaws in Blenny’s systems are encouraged to report these issues directly to Blenny’s support team in a responsible and private manner.

Responsible Disclosure: Users agree not to exploit, test, or publicly disclose any vulnerabilities they may discover. Instead, users are encouraged to follow responsible disclosure practices, reporting issues directly to Blenny’s support team. Blenny will promptly investigate and address any vulnerabilities that are reported in a responsible manner.

Unauthorized Access Prohibited: Any unauthorized attempts to access, test, or exploit vulnerabilities, including activities such as penetration testing, reverse engineering, or tampering, are strictly prohibited and may lead to account suspension, legal action, and potential criminal liability.



15. Service Level Agreement (SLA)
Blenny aims to provide high service availability, with a target uptime of [99%] to ensure reliable access to its platform. While we make every effort to maintain continuous access, Blenny does not guarantee uninterrupted service, as factors beyond our control, such as maintenance, upgrades, or unforeseen technical issues, may lead to temporary service disruptions.

Scope of SLA: This SLA covers access to Blenny’s primary functionalities but excludes third-party integrations, API calls, or services outside Blenny’s direct control.

No Liability for Downtime: Blenny is not liable for any financial or operational losses arising from service disruptions, downtime, or periods when the platform is inaccessible. This SLA does not constitute a binding guarantee, and Blenny’s total liability for any downtime is limited as specified in the Limitation of Liability section.



16. Acknowledgement of No Legal or Financial Advice
Blenny’s services are designed to assist in payroll, HR, contract management, and policy development processes, but they do not constitute legal, tax, or financial advice. Users should rely on their own qualified advisors to ensure compliance with applicable laws, regulations, and tax obligations and to make informed financial decisions.

Limitation of Liability: Blenny is not liable for any losses, penalties, or adverse outcomes resulting from reliance on its services for legal, tax, or financial decision-making. Blenny disclaims responsibility for any misinterpretation or misuse of its tools and services, and users acknowledge that it is their responsibility to consult professional advisors as needed.



17. Entire Agreement Clause
This Agreement, along with any documents referenced within, constitutes the entire agreement between you and Blenny regarding your use of our services. It supersedes all prior or contemporaneous agreements, understandings, representations, or communications, whether written or oral. This clause confirms that no additional terms, conditions, or representations not explicitly stated here are binding on Blenny unless incorporated by reference in a signed writing.

Modifications and Future Terms: Any modifications to this Agreement must be in writing and signed by an authorized representative of Blenny to be enforceable. Users should not rely on oral or implied promises or representations as substitutes for the explicit terms of this Agreement.