Terms of Service

1. Who this agreement is between

These terms are an agreement between TVN Core Solutions Ltd.(“we”, “us”), the company that operates vivaBooks, and the organisation that subscribes to the service (“you”, “your firm”). They apply whenever anyone uses the service under your firm’s account.

Your firm is responsible for everyone it invites — staff, its own clients, and those clients’ employees. Where those people are given access, this agreement governs that access even though they never signed it themselves.

2. What the service is

vivaBooks is software for running Canadian payroll and bookkeeping. It calculates source deductions, produces pay statements, generates T4 and Record of Employment files, and keeps the supporting records and documents in one place.

The service supports every Canadian province and territory except Quebec. Quebec payroll is not supported: a payroll run containing a Quebec employee will stop rather than produce a figure we cannot stand behind.

3. What your firm is responsible for

• Accuracy of what you enter. Pay rates, hours, tax elections, TD1 claims, and employee details come from you. The calculation is only as good as its inputs.
• Authority to upload.You confirm you have the right to put each person’s information into the service, including your own clients’ employees’ Social Insurance Numbers and banking details.
• Reviewing output before it is used. Every payroll run, slip, and filing is yours to check before it is sent to an employee or a government.
• Account security. Keeping sign-in credentials confidential, and removing access promptly when someone leaves.
• Messages you send through the service.Where the service sends email under your firm’s name, you confirm you have the consent Canada’s anti-spam legislation requires from those recipients.

4. What we are responsible for

• Making the service available and reasonably secure, as described in our Security Overview.
• Maintaining the tax calculation engine against the CRA’s published payroll formulas, and telling you when a new tax year’s rates have been applied.
• Processing personal information only as described in our Privacy Policy and Data Processing Addendum.
• Giving you notice before adding a subprocessor, as set out in the Subprocessors list.

5. Your data stays yours

Everything your firm puts into the service — client records, employee records, payroll history, uploaded documents — remains your firm’s property. We claim no ownership of it. We use it to operate the service for you and for nothing else. In particular, we do not sell it, and we do not use your data to train machine-learning models.

You can export your data at any time while your subscription is active. See the Data Processing Addendum for what happens to it when the subscription ends.

6. Fees

Subscription pricing, how the monthly amount is calculated, and how to cancel are set out in Billing, Cancellation & Refunds, which forms part of this agreement. Fees are exclusive of GST/HST and any other applicable tax, which is added where required.

7. Acceptable use and suspension

Use of the service is subject to our Acceptable Use Policy. We may suspend an account that breaches it, that has an unpaid balance after notice, or where continued access poses a security risk to other customers. Where the situation allows it we will tell you first and give you a chance to fix it.

8. Availability

We aim to keep the service continuously available and to schedule maintenance outside Canadian business hours. We do not currently offer a contractual uptime guarantee or service credits, and we would rather say so than publish a number we have no mechanism to honour. What we do commit to is in the Security Overview.

9. Warranties

We provide the service with reasonable skill and care. Beyond that, and to the extent the law allows, the service is provided as-is: we do not warrant that it will be uninterrupted, error-free, or that its output will be accepted by any tax authority.

10. Limitation of liability

Neither party is liable to the other for indirect or consequential loss, or for lost profits, lost revenue, or lost data, however caused.

Our total liability arising out of this agreement in any twelve-month period is limited to the fees your firm paid us for the service in that period.

Nothing in this agreement limits liability that cannot lawfully be limited — including for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

11. Indemnity

Your firm will indemnify us against claims brought by a third party — including your own clients and their employees — arising from data your firm put into the service without the authority to do so, or from your firm’s breach of the Acceptable Use Policy.

12. Ending the agreement

• You may cancel at any time, as described in Billing.
• Either party may end this agreement for a material breach the other has not fixed within 30 days of being told about it.
• On termination your access stops, and your data is handled as set out in the Data Processing Addendum. Export anything you need before you cancel.

13. Changes to these terms

We may update these terms. Every version carries a version number and an effective date at the top of this page. Where a change materially affects your rights or obligations we will give notice in the application before it takes effect, and ask you to accept the new version. Continuing to use the service after that is acceptance.

14. Governing law

This agreement is governed by the laws of the Province of Ontario, Canada, and the courts of Ontario have exclusive jurisdiction. This is a business-to-business agreement; the parties are not consumers.

15. Reaching us

TVN Core Solutions Ltd.
570 Hood Road, Unit 14 #1625
Markham, ON L3R 4G7
Canada

Other ways to reach us are on the contact page.