1. Introduction
These Terms of Service (“Terms”) constitute a legally binding agreement between you (whether personally or on behalf of an entity, referred to as “you”, “your”, or “Customer”) and KerjaPay (“KerjaPay”, “we”, “us”, or “our”), governing your access to and use of the KerjaPay platform, including our website at kerja.nanocorp.app, software-as-a-service (“SaaS”) applications, APIs, mobile applications, and related services (collectively, the “Service”).
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.
KerjaPay provides cloud-based payroll processing, human resource management, statutory compliance, leave management, and employee self-service solutions designed for small and medium enterprises (“SMEs”) in Southeast Asia, with operations currently in Singapore and Malaysia.
2. Definitions
In these Terms, the following definitions apply:
- “Account” means the account you create to access and use the Service.
- “Authorised User” means any individual whom you authorise to access the Service through your Account, including your employees, contractors, and agents.
- “Customer Data” means all data, information, and content that you or your Authorised Users submit, upload, or otherwise make available through the Service, including employee personal data, payroll data, and HR records.
- “Personal Data” has the meaning ascribed to it under the Personal Data Protection Act 2012 (Singapore) (“PDPA”) and, where applicable, the Personal Data Protection Act 2010 (Malaysia) and Undang-Undang Perlindungan Data Pribadi (Indonesia, Law 27 of 2022).
- “Subscription Plan” means the paid plan you have selected (Starter, Growth, or Enterprise), as described on our pricing page.
3. Eligibility and Account Registration
3.1 Eligibility
You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use the Service. If you are registering on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3.2 Account Registration
To use the Service, you must create an Account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately at kerja@nanocorp.app if you suspect any unauthorised use of your Account.
3.3 Authorised Users
You are responsible for ensuring that all Authorised Users comply with these Terms. You are liable for any acts or omissions of your Authorised Users as if they were your own.
4. Service Description and Subscription Plans
4.1 Service Description
KerjaPay provides:
- Automated payroll processing with statutory contribution calculations (including CPF and SDL in Singapore; EPF, SOCSO, EIS, and PCB in Malaysia);
- Leave management and approval workflows;
- Employee self-service portal for payslips, leave requests, and personal information management;
- Employee database and records management;
- Compliance reports and analytics; and
- Such other features as may be made available from time to time.
4.2 Subscription Plans
The Service is offered under tiered Subscription Plans (currently Starter, Growth, and Enterprise). The features, employee limits, and pricing applicable to each plan are set out on our website and may be updated from time to time. We will provide you with at least 30 days' notice of any material changes to your Subscription Plan pricing.
4.3 Free Trial
We may offer a free trial period for certain Subscription Plans. At the end of the trial period, your access to the Service will be converted to a paid subscription unless you cancel before the trial expires. We will notify you before any charges are applied.
5. Fees and Payment
5.1 Fees
You agree to pay all fees associated with your selected Subscription Plan in accordance with the pricing published on our website or otherwise agreed in writing. All fees are quoted in United States Dollars (USD) unless otherwise specified and are exclusive of applicable taxes.
5.2 Payment Terms
Subscription fees are charged on a monthly basis, in advance, on the date of your initial subscription and on each monthly anniversary thereafter. Payments are processed through our third-party payment provider (Stripe). You authorise us to charge your designated payment method for all applicable fees.
5.3 Late Payment
If any payment is not received by the due date, we may (a) charge interest on the overdue amount at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower; and (b) suspend your access to the Service until all outstanding amounts are paid.
5.4 Taxes
You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities in connection with your use of the Service, excluding taxes based on KerjaPay's net income. Singapore Goods and Services Tax (GST) will be applied where required by law.
6. Customer Data and Privacy
6.1 Ownership of Customer Data
You retain all right, title, and interest in and to your Customer Data. KerjaPay does not claim any ownership rights in your Customer Data.
6.2 Licence to Customer Data
You grant KerjaPay a limited, non-exclusive, royalty-free licence to use, process, store, and display your Customer Data solely to the extent necessary to provide and improve the Service in accordance with these Terms and our Privacy Policy.
6.3 Data Protection
We process Personal Data in accordance with our Privacy Policy, which complies with the Personal Data Protection Act 2012 (Singapore) and, where applicable, the Personal Data Protection Act 2010 (Malaysia) and Indonesia's UU PDP (Law 27 of 2022). You are responsible for ensuring that you have obtained all necessary consents and authorisations from your employees and other data subjects before submitting their Personal Data to the Service.
6.4 Data Processing Agreement
Where KerjaPay acts as a data intermediary (as defined under the Singapore PDPA) or data processor on your behalf, we will process Personal Data only in accordance with your documented instructions and applicable data protection laws. Enterprise customers may request a separate Data Processing Agreement by contacting us at kerja@nanocorp.app.
6.5 Data Security
We implement reasonable technical and organisational measures to protect Customer Data against unauthorised access, alteration, disclosure, or destruction. These measures include encryption in transit (TLS 1.2+), encryption at rest (AES-256), access controls, and regular security assessments. Details of our security practices are set out in our Privacy Policy.
7. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- Upload, transmit, or store any Customer Data that is unlawful, defamatory, threatening, or infringes any third-party rights;
- Attempt to gain unauthorised access to the Service, other Accounts, or our systems or networks;
- Interfere with or disrupt the integrity or performance of the Service;
- Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service;
- Resell, sublicence, or make the Service available to any third party except your Authorised Users;
- Use the Service to develop a competing product or service; or
- Remove or alter any proprietary notices, labels, or marks on the Service.
8. Intellectual Property
8.1 KerjaPay IP
The Service, including all software, algorithms, designs, text, graphics, trademarks, logos, and other intellectual property embodied therein (collectively, “KerjaPay IP”), is and remains the exclusive property of KerjaPay and its licensors. These Terms do not grant you any rights in the KerjaPay IP except the limited right to use the Service in accordance with these Terms.
8.2 Feedback
If you provide us with any feedback, suggestions, or recommendations regarding the Service (“Feedback”), you grant us an unrestricted, perpetual, irrevocable, royalty-free licence to use and incorporate such Feedback into the Service without obligation to you.
9. Third-Party Services
The Service may integrate with or contain links to third-party services, including payment processors (Stripe), cloud infrastructure providers, and statutory filing systems. Your use of such third-party services is governed by their respective terms and conditions. KerjaPay is not responsible for the content, policies, or practices of any third-party services.
10. Service Availability and Support
10.1 Availability
We use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, with a target uptime of 99.9%. However, the Service may be temporarily unavailable for scheduled maintenance (with reasonable prior notice) or unscheduled emergency maintenance. We are not liable for any downtime or service interruptions.
10.2 Support
Support is provided via email at kerja@nanocorp.app. Response times vary based on your Subscription Plan. Priority support is available on Growth and Enterprise plans.
11. Term and Termination
11.1 Term
These Terms commence on the date you first access or use the Service and continue until terminated in accordance with this section.
11.2 Termination by You
You may terminate your Account and subscription at any time by contacting us at kerja@nanocorp.app or through your Account settings. Termination will take effect at the end of the current billing period. No refunds will be issued for any remaining unused portion of the current billing period.
11.3 Termination by KerjaPay
We may terminate or suspend your Account if:
- You materially breach these Terms and fail to cure such breach within 14 days of written notice;
- You fail to pay any fees when due and such failure continues for 14 days after written notice;
- You engage in any activity that threatens the security, integrity, or availability of the Service; or
- We are required to do so by law or regulation.
11.4 Effect of Termination
Upon termination: (a) your right to access and use the Service ceases immediately; (b) we will make your Customer Data available for export for a period of 30 days following termination, after which we may delete it in accordance with our data retention policies and applicable law; and (c) any fees owed prior to termination remain payable.
11.5 Survival
Sections 6 (Customer Data and Privacy), 8 (Intellectual Property), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), and 16 (Governing Law) survive termination of these Terms.
12. Disclaimers
12.1 “As Is” Basis
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KERJAPAY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
12.2 Payroll and Compliance Disclaimer
While KerjaPay strives to ensure the accuracy of all payroll calculations and statutory compliance features, the Service is a tool to assist you with payroll processing and is not a substitute for professional accounting, tax, or legal advice. You remain solely responsible for verifying the accuracy of payroll outputs and ensuring compliance with all applicable laws and regulations in your jurisdiction(s). KerjaPay does not guarantee that the Service will be error-free or that statutory rates and rules will be updated instantaneously upon changes in law.
13. Limitation of Liability
13.1 Exclusion of Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KERJAPAY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF KERJAPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Cap on Liability
KERJAPAY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO KERJAPAY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13.3 Essential Basis
The limitations in this section reflect a reasonable allocation of risk between the parties and form an essential basis of the bargain between you and KerjaPay.
14. Indemnification
You agree to indemnify, defend, and hold harmless KerjaPay, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) your Customer Data.
15. Modifications to These Terms
We may update these Terms from time to time. We will provide you with notice of material changes at least 30 days before they take effect, via email to the address associated with your Account or by prominent notice within the Service. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue your use of the Service before the effective date.
16. Governing Law and Dispute Resolution
16.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of laws principles.
16.2 Dispute Resolution
Any dispute arising out of or in connection with these Terms shall first be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiations within 30 days, either party may submit the dispute to the Singapore International Arbitration Centre (SIAC) for arbitration in accordance with the SIAC Administered Arbitration Rules then in force. The seat of arbitration shall be Singapore, the language of arbitration shall be English, and the tribunal shall consist of a sole arbitrator.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy and any order forms or statements of work executed between the parties, constitute the entire agreement between you and KerjaPay with respect to the Service and supersede all prior or contemporaneous agreements, understandings, and communications.
17.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
17.3 Waiver
No failure or delay by KerjaPay in exercising any right under these Terms shall constitute a waiver of that right.
17.4 Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. KerjaPay may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
17.5 Force Majeure
KerjaPay shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, pandemics, government actions, internet or telecommunications failures, or acts of third parties.
17.6 Notices
All notices under these Terms shall be in writing and sent to the email addresses associated with your Account (for notices to you) or to kerja@nanocorp.app (for notices to KerjaPay).
18. Contact Us
If you have any questions about these Terms of Service, please contact us at:
KerjaPay
Email: kerja@nanocorp.app
Website: kerja.nanocorp.app