CIXOR PAY DAY - Employer Terms &<!--ngtns--> Conditions

CIXOR PAY DAY – EMPLOYER TERMS AND CONDITIONS

1. CIXOR PAY DAY – EMPLOYER TERMS AND CONDITIONS

By submitting your company details through CIXOR.lk / CIXOR PAY DAY / CIXOR PAYROLL digital platforms, you acknowledge and agree that:

  1. You consent to CIXOR Pvt Ltd (CPL) conducting a full due diligence review of your company.
  2. You declare that all information provided is true, accurate, and complete.
  3. Submission of false or misleading information may result in immediate disqualification and denial of access to the Portal.
  4. You agree to provide all documentation requested by CPL for assessment of your company's creditworthiness and compliance obligations.
  5. By proceeding, you accept that this submission and the subsequent process are subject to the Terms & Conditions of CPL, which have the same legal effect as a signed written agreement.

2. Employer Portal – Full Terms & Conditions

1. Parties

1.1. These Terms govern the use of the CIXOR Employer Portal ("Portal").

1.2. The Portal is operated by CIXOR Pvt Ltd (CPL).

1.3. By registering, accessing, or using the Portal, the employer ("Client") agrees to these Terms.

2. Registration & Due Diligence

2.1. Clients consent to CPL conducting full due diligence.

2.2. Clients must provide truthful, complete, and accurate information.

2.3. Misrepresentation or false information is a material breach and may result in termination.

3. Documentation & Authority

3.1. Clients agree to submit required documentation, including Articles of Association, Form 1, Form 20, Board Resolution, and any Registrar-approved filings.

3.2. A Board Resolution must nominate an Authorized Representative with full binding authority.

3.3. Electronic acceptance of these Terms is as binding as a signed physical agreement.

4. Service Description

4.1. CIXOR PayDay allows Client's employees to access part [determined by the Employer as a percentage (%) which is you as CPL client] of their accrued wages during the pay cycle.

4.2. This [employee access to withdraw 'Earned But unpaid wages'] is a service, not a credit advance to employees.

5. Client Obligations

5.1. The Client is entirely and unconditionally liable for all Earned Wages withdrawn by its employees through CIXOR PayDay.

5.2. The Client also agrees and acknowledges that 'Earned Wage Access' has no difference to the Employer (client) providing a portion of the Employees' 'Earned Wage' to the employee and has a statutory obligation to settle the employee at the end of the Pay Cycle the difference between the Earned Wage and the withdrawn amount.

5.3. Because of clause 5.2 in this Terms & Conditions, it is also a liability under the Employer – Employee relationship to pay CPL the 'Total of Earned Wage Withdrawn' by the Employee through the CIXOR PayDay Application immediately upon the expiry of the pay cycle or no later than 24 hours at the expiry of the Pay cycle.

5.4. The Client shall settle the total amount, without deduction or set-off, to the CIXOR PayDay nominated account within 24 hours of the expiry of the pay cycle, unless a valid Wage Rollover Facility has been approved.

5.5. Under a Wage Rollover Facility, the Client remains fully liable for the Total Payable Amount (principal, fees, charges).

5.6. The Client must ensure accurate employee data, payroll entries, and compliance with statutory obligations.

5.7. The Client indemnifies CPL against losses caused by inaccurate or outdated data.

6. Wage Rollover Facility

6.1. A credit facility subject to CPL approval.

6.2. Allows deferral of settlement for 7, 14, or 21 days.

6.3. Client remains liable for the full Total Payable Amount (including fees and penalties).

7. Data Security & Confidentiality

7.1. CPL comply with the Personal Data Protection Act, No. 9 of 2022.

7.2. Clients indemnify CPL from liability for breaches caused by cyberattacks beyond reasonable control.

7.3. The Client must safeguard login credentials.

8. Indemnity

The Client indemnifies CPL against all claims, liabilities, damages, or costs arising from:

  • Misrepresentation,
  • Non-settlement of employee withdrawals,
  • Incorrect payroll data,
  • Breach of statutory obligations.

9. Limitation of Liability

9.1. CPL shall not be liable for indirect, incidental, or consequential damages.

9.2. Aggregate liability is capped at the service fees paid by the Client in the preceding six months.

10. Suspension & Termination

10.1. CPL may suspend or terminate accounts without notice if:

  • False information is provided,
  • Settlement failures occur,
  • Fraud or unlawful activity is detected,
  • Required by regulators.

10.2. Termination does not relieve the Client of obligations already accrued.

11. Dispute Resolution

11.1. Parties shall first negotiate in good faith.

11.2. If unresolved in 30 days, disputes shall go to mediation under the Sri Lanka National Mediation Board.

11.3. If mediation fails, disputes shall go to arbitration in Colombo under the Arbitration Act, No. 11 of 1995, with one arbitrator, in English.

11.4. Litigation is permitted only as a last resort.

12. Governing Law

These Terms are governed by the laws of the Democratic Socialist Republic of Sri Lanka.