These Terms & Conditions ("Terms") govern your access to and use of the TridentWindsHR website at www.tridentwindshr.com and the TridentWindsHR software-as-a-service platform and related services (together, the "Service"), provided by TridentWindsHR ("TridentWindsHR", "we", "us" or "our"). By accessing the website or using the Service you agree to these Terms. If you do not agree, do not use the Service.
1.Definitions
"Customer" means the organisation that subscribes to the Service. "Authorised User" means an individual the Customer permits to use the Service. "Customer Data" means data, including personal data, that the Customer or its Authorised Users submit to the Service. "Subscription" means the plan, term and limits under which the Customer uses the Service.
2.Eligibility & accounts
You must be at least 18 and able to form a binding contract. You are responsible for the accuracy of registration details, for maintaining the confidentiality of account credentials, and for all activity under your account. Notify us promptly of any unauthorised use. We may suspend accounts we reasonably believe to be compromised or in breach of these Terms.
3.The Service & subscriptions
We grant the Customer a non-exclusive, non-transferable right to access and use the Service during the Subscription term, for its internal business purposes, subject to these Terms and the applicable plan limits (employees, users, storage and features). We may enhance, modify or discontinue features from time to time. Some features depend on third-party services or hardware and may require separate configuration or fees.
4.Fees & payment
- Fees are those stated in the applicable order or plan and are payable in the currency stated (Barbados Dollars unless otherwise agreed).
- Subscriptions renew for successive terms unless cancelled before the renewal date. Implementation, onboarding and professional-services fees are quoted and invoiced separately.
- Fees are exclusive of applicable taxes, which the Customer is responsible for. Late amounts may accrue interest and lead to suspension.
- Except where required by law, fees are non-refundable once the relevant period has begun.
5.Acceptable use
You must not, and must not permit any Authorised User to: (a) use the Service unlawfully or in breach of any third party's rights; (b) upload malicious code or attempt to gain unauthorised access to the Service or other accounts; (c) reverse-engineer, resell or provide the Service to third parties except as permitted; (d) use the Service to send unlawful, harassing or infringing content; or (e) interfere with the integrity or performance of the Service. We may suspend access to address a material breach or security risk.
6.Customer Data & privacy
As between the parties, the Customer owns its Customer Data. The Customer grants us the rights necessary to host and process Customer Data to provide the Service. Where we process personal data on the Customer's behalf, we act as a data processor and the Customer is the data controller, and such processing is governed by our data-processing terms and the Barbados Data Protection Act, 2019. Our handling of personal data collected through the website is described in our Privacy Statement. The Customer is responsible for the accuracy and lawful basis of Customer Data it submits.
7.Intellectual property
The Service, including all software, content, design, trademarks and the TridentWindsHR name and logo, is owned by us or our licensors and is protected by law. These Terms grant no rights to that intellectual property except the limited right to use the Service. If you give us feedback or suggestions, we may use them without obligation to you.
8.Third-party services
The Service may integrate with third-party products (for example payment, email, biometric attendance or AI providers). Your use of those products is governed by the third party's terms, and we are not responsible for them.
9.Availability & support
We aim to make the Service available with high reliability but do not warrant uninterrupted or error-free operation. We may perform maintenance, ideally with notice for planned work. Support is provided at the level in the Customer's plan.
10.Confidentiality
Each party may access the other's confidential information. Each party will protect the other's confidential information with reasonable care and use it only to perform under these Terms, except where disclosure is required by law.
11.Warranties & disclaimers
The Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. Statutory figures, compliance features and the Labour-Law Guide are provided as general information, not legal, tax or financial advice; the Customer is responsible for confirming statutory values and obtaining professional advice before relying on them.
12.Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or loss of profits, revenue or data. Our total aggregate liability arising out of or related to the Service will not exceed the fees paid by the Customer for the Service in the [12] months before the event giving rise to the claim. Nothing limits liability that cannot be limited by law.
13.Indemnity
The Customer will indemnify us against claims arising from Customer Data or the Customer's use of the Service in breach of these Terms or applicable law, to the extent permitted by law.
14.Term, suspension & termination
These Terms apply while you use the Service. Either party may terminate a Subscription for material breach not cured within [30] days of notice. We may suspend access for non-payment or security/legal reasons. On termination, the right to use the Service ends; the Customer may export Customer Data for [30] days, after which we may delete it in the ordinary course, subject to legal retention requirements. Clauses that by their nature should survive will survive.
15.Changes to the Service & these Terms
We may update these Terms from time to time. Material changes will be notified by posting the updated Terms with a new effective date and, where appropriate, by other reasonable means. Continued use after changes take effect constitutes acceptance.
16.Governing law & disputes
These Terms are governed by the laws of Barbados. The parties submit to the exclusive jurisdiction of the courts of Barbados, without prejudice to any right to seek urgent interim relief.
17.General
These Terms (with any order and referenced policies) are the entire agreement between the parties on their subject matter. If any provision is unenforceable, the rest remain in effect. Neither party is liable for delay or failure due to events beyond its reasonable control. You may not assign these Terms without our consent; we may assign to an affiliate or in connection with a merger or sale. Notices will be given to the contact details on record.
18.Contact
TridentWindsHR, #14 Bannatyne Gardens, Christ Church · [contact email] · www.tridentwindshr.com.