Terms of Service

1. Introduction

These Terms of Service (“Terms”) govern the use of the Espanini.com workforce time and attendance platform (“the Service”) operated by Mvulane Tech (Pty) Ltd.

By using the Espanini.com platform, the Client (“you” or “Employer”) agrees to these Terms.

2. Nature of the Service

• Record employee attendance
• Verify identity using biometric facial recognition devices
• Manage timesheets and workforce records
• Prepare payroll inputs

Espanini.com provides tools for workforce time tracking but does not manage your workforce.

3. Client Responsibilities

• Ensure employees clock in and out correctly
• Supervise attendance and behaviour
• Verify timesheet accuracy before payroll
• Manage employee records and system users
• Ensure POPIA-compliant use of personal and biometric data

Espanini.com is not responsible for payroll outcomes based on incorrect data.

4. Biometric Devices and Hardware

Ownership & Risk

Devices remain under the Client’s care and control.

Damage or Loss

Espanini.com is not liable for theft, damage, or misuse of devices.

Maintenance & Support

Support services may include call-out fees, labour, and parts.

5. System Usage and Administrative Control

The Client has full administrative control over:

• Adding, Editing, or deleting employees
• Creating, Editing or modifying sites
• Assigning or removing site managers
• Adding, Editing or Approving timesheets

Espanini.com is not responsible for:

• Errors made by Client administrators
• Misuse of the system
• Incorrect configuration of sites or employee records
• user/admin errors or misconfiguration.

6. Availability of Service

We aim for high availability but do not guarantee uninterrupted service due to factors like power outages, connectivity issues, or infrastructure failures.

7. Data Protection and Privacy

Espanini.com processes personal information in accordance with its Privacy Policy and the Protection of Personal Information Act (POPIA).

The Client must inform employees and obtain consent where required.

8. Limitation of Liability

To the fullest extent permitted by law, Espanini.com is not liable for:

• Payroll errors from incorrect data
• Missed clock-ins/outs
• Labour disputes
• Hardware loss or damage
• Indirect or consequential damages

9. Indemnity

The Client indemnifies Espanini.com from claims or damages arising from misuse of the system, legal non-compliance, payroll issues, or employee disputes.

10. Fees and Payments

Clients agree to pay subscription or service fees as agreed. Additional services may be billed separately.

11. Termination

Either party may terminate with reasonable notice. Clients may request export of their data before deletion.

12. Changes to Terms

Continued use of the platform constitutes acceptance of updated Terms.

13. Governing Law

These Terms are governed by the laws of the Republic of South Africa.

14. Contact

Email: info@espanini.com