Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between BNET-TECH COMPANY LIMITED (“we”, “us” or “our”) and the organisation that registers for and uses Continua (the “Customer”).

By creating an account, accepting an invitation, signing in or otherwise using the Service, you agree to these Terms and confirm that you have read our Privacy Policy.

If you accept these Terms on behalf of a company or other organisation, you confirm that you have authority to bind it. If you do not have that authority, or do not agree to these Terms, do not use the Service.

Employees and other people who use the Service because their employer has invited them should also read section 22, which explains how these Terms apply to them.

Our Privacy Policy explains how personal data is handled and forms part of these Terms.

• “Service” means Continua, including the web console, the staff self-service portal, the Continua mobile app, the public website and any related APIs.
• “Company” means an employing entity set up by the Customer in the Service. A Customer may operate more than one Company.
• “Authorised User” means any person the Customer allows to access the Service, such as owners, HR administrators, finance staff, managers, department administrators and employees using self-service.
• “Customer Data” means all information entered into, or generated by, the Customer's use of the Service, including employee, attendance, leave, claims, payroll and tax-return records.
• “Worker” means an employee, intern or self-employed contractor whose records the Customer keeps in the Service.

The Service helps Hong Kong employers keep employment records and run day-to-day HR administration. Depending on the features enabled for a Company, it includes:

• employee records, departments, roles and permissions;
• attendance and clock-in/clock-out (including the location captured at the moment of clocking in or out), rosters, schedules, tasks, projects and timesheets;
• leave, overtime, time off in lieu and work-from-home applications and approvals;
• expense claims and daily travel reimbursement, including receipts;
• payroll calculation, payslips, MPF contribution calculation and tracking of leave-pay arrears;
• calculations relating to statutory entitlements, including the continuous contract (“468”) test, average daily wages, statutory holidays and termination payments;
• preparation of the IR56 series of employer's returns (IR56B, IR56E, IR56F and IR56G) and, separately, IR56M for self-employed contractors;
• reports, notifications (in-app, email and mobile push), a company FAQ and an optional AI chat assistant.

We may improve, change or discontinue features from time to time. If we remove a feature in a way that materially reduces the Service the Customer has paid for, we will give reasonable advance notice.

The Service applies the Employment Ordinance (Cap. 57), the Mandatory Provident Fund Schemes Ordinance (Cap. 485), the Inland Revenue Ordinance (Cap. 112), the Minimum Wage Ordinance (Cap. 608) and related requirements to the records the Customer keeps. It does not provide legal, tax, accounting or employment advice.

The Customer remains the employer for all purposes. The Customer alone is responsible for its obligations as an employer, including paying wages and other entitlements on time, making MPF contributions, keeping the records the law requires, and filing returns with the Inland Revenue Department and other authorities.

Every result depends on the accuracy and completeness of the data entered, and on how the Customer configures its Companies, benefit plans and settings. The Customer must review results before relying on them, particularly before paying wages or signing a return.

Statutory limits and rates (for example, the MPF relevant-income thresholds) are kept as dated reference data. We aim to update them when the law changes, but we do not guarantee that they will be updated before a change takes effect. Proposed changes that have not become law are not applied.

Where the Service suggests a figure and a person approves it, both the suggested and the approved figures are kept. An approval is a decision of the Customer's Authorised User, not of the Service.

The Service prepares returns and forms, such as the IR56 series, for review. It does not submit any return to the Inland Revenue Department, the Companies Registry, the Mandatory Provident Fund Schemes Authority or any other authority on the Customer's behalf.

Each return must be checked, signed and submitted by a person authorised by the Customer, through the authority's own channels. The Customer is responsible for the content of every return it submits and for meeting every filing deadline.

The Service keeps self-employed contractors separate from employees: contractors are not paid through payroll, are not reported on IR56B, and their payments are recorded by a person from a source document.

Deciding whether a person is an employee or a self-employed contractor is the Customer's responsibility. Recording a person as a contractor, or preparing an IR56M for them, does not determine their employment status under Hong Kong law.

Some features use an artificial-intelligence language model provided by a third party, including the staff chat assistant and the tool that drafts company FAQ answers from an uploaded staff handbook. These features are optional and may not be enabled for every Company.

The chat assistant can only suggest an action, such as clocking in; nothing is done until the user confirms it. FAQ answers drafted from a handbook remain drafts, and staff cannot see them until an Authorised User has reviewed and published them.

AI output can be inaccurate or incomplete. It must not be relied on as the Customer's policy or as advice. The Service does not use AI to profile or score Workers' personality or behaviour.

Authorised Users must give accurate information, keep their login details confidential, and use two-factor authentication where the Customer requires it. Login details must not be shared.

The Customer decides who is an Authorised User and which role and department each one has. The Customer is responsible for all activity under its Authorised Users' accounts, and for removing access promptly when a person no longer needs it.

Please tell us promptly at info@bnet-tech.com if you suspect unauthorised access to an account.

The Customer must:

• have a lawful basis for collecting and using the personal data it puts into the Service, and give each Worker a Personal Information Collection Statement under the Personal Data (Privacy) Ordinance (Cap. 486) on or before collecting their data;
• tell Workers, before they start using the Service, that their location may be recorded when they clock in or out, and why;
• upload only the documents and information needed for the employment relationship, and never upload unlawful, infringing or malicious content;
• comply with every law that applies to its use of the Service, including employment, anti-discrimination, privacy and tax laws.

The Customer and its Authorised Users must not:

• use the Service to deprive any person of a statutory entitlement, or to keep a Worker below a statutory threshold in order to avoid an obligation;
• use the Service for continuous or covert surveillance of Workers;
• access or attempt to access another customer's data, test the Service's security without our written permission, or interfere with its operation;
• copy, modify, reverse-engineer or resell the Service, or use it to build a competing product;
• send excessive automated requests or circumvent any usage limit.

As between the parties, the Customer owns the Customer Data. The Customer grants us a non-exclusive licence to host, copy, process and display Customer Data only as needed to provide, secure and support the Service, and as required by law.

For personal data about Workers, the Customer is the data user and we act as its data processor under the Personal Data (Privacy) Ordinance. We process that data only on the Customer's instructions and in accordance with our Privacy Policy, and we never use it for our own marketing.

To keep records reliable, some records cannot be changed or deleted once made. These include the audit log, locked payroll runs, and returns that have reached signature. Corrections are recorded as separate, visible entries instead. The Customer accepts this as part of how the Service works.

On request, we will provide the Customer with a copy of its Customer Data in a commonly used electronic format.

Some features rely on services provided by third parties, and those providers' own terms also apply:

• Google Drive — uploaded files, such as receipts and employee documents, are stored in a Google Drive account that the Customer connects. The Customer controls that account. We cannot recover files that are deleted or emptied from it, and doing so may affect the Customer's ability to meet its record-keeping duties.
• Google Calendar — a Worker may choose to add their roster to their own Google Calendar.
• Firebase Cloud Messaging (Google) — delivers push notifications to the Android app.
• An email delivery provider — sends invitations, password resets and other account emails.
• An AI model provider — powers the AI-assisted features described in section 7.

We are not responsible for the availability or conduct of third-party services outside our control.

The public demo is a shared account that anyone can open. Anything entered in it can be seen by other visitors and is erased whenever the demo is reset. Do not enter real personal data into the demo.

Fees, the subscription period and payment terms are as set out in the Customer's order, quotation or other written agreement with us. Fees are exclusive of any applicable taxes.

If fees are overdue, we may, after giving notice, suspend access until they are paid. Suspension does not delete Customer Data.

We use reasonable efforts to keep the Service available and secure, but it may be interrupted for maintenance, updates or events beyond our control. Unless agreed in writing, we do not commit to any particular service level.

Older versions of the mobile app may stop working once a newer minimum version is required. Users will be asked to update.

The Customer may stop using the Service at any time, subject to any minimum term in its order.

We may suspend or end access if the Customer materially breaches these Terms and does not remedy the breach within 14 days of notice. We may do so immediately where necessary to protect the Service, other customers or any person from harm, or where the law requires it.

After termination, Customer Data remains available for export for 60 days. We then delete or anonymise it within a further 90 days, except for copies in routine backups, which are kept until they expire on their normal cycle, and anything the law requires us to keep. The Customer is responsible for keeping its own copies of records it must retain by law, such as wage and tax records.

Provisions that by their nature should continue after termination, including those on liability, confidentiality and governing law, continue to apply.

We and our licensors own the Service, including its software, design and content, but not Customer Data. Subject to these Terms and payment of fees, we grant the Customer and its Authorised Users a non-exclusive, non-transferable right to use the Service, including the mobile app, during the subscription.

If you give us feedback, we may use it without any obligation to you.

Each party will keep the other's confidential information confidential and use it only for the purposes of these Terms, except where disclosure is required by law.

Except as expressly stated in these Terms, and to the extent permitted by law, the Service is provided “as is” and “as available”. We do not warrant that it will be uninterrupted or error-free, or that its calculations will suit every situation.

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited under Hong Kong law.

Subject to that, neither party is liable for any indirect or consequential loss, or for any loss of profit, revenue, goodwill or data, arising out of or in connection with these Terms.

Subject to that, we are not liable for any wages, entitlements, contributions, surcharges, penalties, fines or interest arising from the Customer's obligations as an employer, including where a result was not reviewed before it was paid, signed or filed.

Subject to that, our total liability arising out of or in connection with these Terms in any 12-month period is limited to the fees paid by the Customer for the Service in that period.

The Customer will indemnify us against claims by third parties, including Workers and authorities, arising from Customer Data, from the Customer's breach of section 9, or from the Customer's breach of the law in using the Service.

We may update these Terms. For material changes, we will give at least 30 days' notice by email or in the Service before they take effect. Continued use after that date means acceptance. If the Customer does not agree, it may stop using the Service before the change takes effect.

If your employer has invited you to use Continua, your employer is our Customer and manages your account. By accepting the invitation or signing in, you agree to these Terms as they apply to you. Questions about your pay, leave, attendance records or employment should go to your employer's HR contact.

You may use the Service only for your work with that employer. Keep your login details private and enter information truthfully.

The app asks for your location when you clock in or out. You may refuse. You can still clock in, but the record may be marked for your employer to review.

To close your account or ask about your personal data, please contact your employer first. You may also contact us; where a request concerns your employer's records, we will inform your employer's administrator and help them respond.

• These Terms are governed by the laws of the Hong Kong Special Administrative Region, and the courts of Hong Kong have exclusive jurisdiction.
• These Terms, the Privacy Policy and any order form are the entire agreement on their subject. If an order form conflicts with these Terms, the order form prevails.
• If any provision is found unenforceable, the rest remain in force. A failure to enforce a right is not a waiver of it.
• Neither party may assign these Terms without the other's consent, except that we may assign them to a successor to our business on notice.
• Neither party is liable for delay caused by events beyond its reasonable control.
• No person other than the parties has any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce these Terms.
• These Terms are published in English and Chinese. If there is any inconsistency, the English version prevails.

BNET-TECH COMPANY LIMITED

Unit 323, 3/F, Building 16W, Phase Three, Hong Kong Science Park, Pak Shek Kok, New Territories, Hong Kong

Email: info@bnet-tech.com