Terms and Conditions
- You subscribe to our services for a specific term as mentioned in the Order Form, and your subscription gets renewed automatically at the end of each term.
- You can upgrade or downgrade the level of our services at any time of your usage; however, Timeclock 365 does not refund any fees in that case.
- If you wish to cancel your account, notify us at least 30 days before the end of your term (via an email to support@Timeclock 365.com or through the Dashboard). Upon cancellation, your data is deleted from the servers.
- If you use our services, we can use your business logo on our websites for promotional purposes.
Subject to the terms hereof, Timeclock 365 will make available, from time to time, to the Customer the services (“Services”) mentioned in the Order Form mutually agreed between the Timeclock 365 and Customer. The Order Form will have details of the then-current subscription.
“Account” means the self-service account created by or on behalf of the Customer or its Agents on TIMECLOCK 365’s portal for using TIMECLOCK 365 Services.
“Affiliate” means any entity that directly or indirectly controls, is controlled by or is under common control with Timeclock 365 or the Customer as the case may be. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Agent” means an individual/entity or organization (including those of a Customer Affiliate) authorized to use the Service(s) on behalf of the Customer through Customer’s Account as identified through a unique login.
“Agreement” means this Master Service Agreement.
“Confidential Information” means all information disclosed by either Party to the other which is in (i) tangible form and labeled “confidential”; or is (ii) information, regardless of form, which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the Party receiving it at the time of disclosure by the Party disclosing it; (b) was, or is, obtained by the Party receiving it from a third party not known by the receiving Party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of this Agreement or another valid agreement between the Parties; or (d) was or is independently developed by the receiving party without the use of the disclosing Party’s Confidential Information.
“Customer” shall have the meaning ascribed to it in the Preamble hereto, along with its Affiliates or Agents authorized to use the Services on its behalf.
“Customer Data” means electronic data and information submitted by or for the Customer to use the Services.
“Dashboard” means the interface which can be used by the Customer to manage and review its usage of the TIMECLOCK 365 Services.
“Duration” means the period commencing on the start date mentioned in Order Form and ending on the end date mentioned in Order Form. Duration will include one or more Terms as per the Order Form.
“Embed Code” shall mean the code to be installed on the Properties for enabling the Services as defined in Clause 2;
“Malicious Code” shall include code, files, scripts, agents or programs by whatever name which are intended, or otherwise likely to disrupt, damage, prejudice or gain unauthorized access to a computer system or otherwise adversely affect their recipient or computer systems or infrastructure they are accessed or installed on, including, without limitation, viruses, worms, time bombs, ransomware, spyware, adware, and trojan horses.
“Order Form” means an ordering document or online order specifying the Services along with its features to be provided hereunder that is entered into between Customer and Timeclock 365 or any of their Affiliates, including any addendum thereto. By entering into the Order Form hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto.
“Property” shall mean a webpage, portal, mobile application, or platform owned or managed by the Customer on which the Services will be deployed.
“Service” means the products and services more fully described herein that are selected by Customer under the Order Form or online purchasing portal and are agreed to be made available by Timeclock 365 hereby.
“Term” means the initial term as well as subsequent renewal term/s as per the Order Form for the subscription of the applicable Services.
“User” means the end-user of Customer’s Properties or platform.
“Timeclock 365 Proprietary Material” means and includes software, algorithms, documentation, tools, techniques, methodologies or other material arising out of, or related to this Agreement, which is not Work Product. All such material is proprietary to Timeclock 365.
“Work Product” means such reports, documentation, files, media and other materials created and produced by Timeclock 365 exclusively for Customer in connection with the Services rendered hereunder and is marked or designated as such on such material.
Fees, Billing, Taxes, and Charges
Fees: The fees set forth in the Order Form shall be effective for the Term. In case of renewal of Term, change in Order Form or a new Order Form, the fee will be as per the then applicable pricing of Services. Customer agrees that:
Fee is based on Services subscriptions purchased and not actual usage of the Service,
payment obligations are binding, and fee paid is non-refundable, and
no refund is allowed for downgrade of subscription mentioned in an active Order Form.
Billing and Payment Arrangements: For payment, Timeclock 365 shall provide an electronic invoice to the Customer. Customer may view and print an invoice for Customer’s Account. Timeclock 365 will bill Customer upon execution of this Agreement at the fee set forth in Order Form on the date mentioned in the Order Form on a frequency mutually agreed in the Order Form for all recurring fees. If Customer fails to pay the fee within the time frame mentioned in the Order Form, 1.5% interest charge per month or the maximum rate permitted by law, whichever is lower, will be assessed on the unpaid amount after the due date as a late fee. The Customer acknowledges and agrees that the late fee represents a genuine pre-estimate of the possible damage that Timeclock 365 will suffer in the event of non-payment and/or delayed payment of the fees by the Customer. For recurring fees, no refund or adjustment for plan downgrades, upgrades, or elimination of plan features within the current billing period shall be issued. Invoices/payments are irrevocably deemed final and accepted by Customer unless disputed or sought clarification before subscribing to the Service.
Payment by Credit Card/Wire Transfer/Cheque: If Customer is paying by credit card, the Customer shall at all times provide and keep current and updated Customer’s contact, credit card, if applicable, and billing information on the Dashboard. Customer authorizes Timeclock 365 to charge the Customer credit card or bank account for all fees payable at the beginning of the Term and all subsequent billing periods, including upgrades. Customer further authorizes Timeclock 365 to use a third party to process payments and invoicing and consents to the disclosure of Customer payment information to such third party. The collection, use and processing of the information would be in accordance with Clause 10.
Taxes: Customer acknowledges that all applicable taxes, duties, or government levies whatsoever are not included in the fees and expenses charged under this Agreement. Customer will make timely payment of all such taxes, duties, or government levies related to this Agreement.
Last Updated: January 1, 2015
Timeclock 365 is based in the United States and the information we collect is governed by United States (“US”) law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the US and other countries.
Information You Provide To Us
We collect information you and your employees, affiliates or contractors provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, complete a survey, make a purchase, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, payment information and any other information you choose to provide.
Information We Collect Automatically When You Use the Services
When you access or use our Services, we automatically collect information about you, including:
- Log Information: We collect log files in connection with your interactions with our Services, including the type of Internet browser you use, the time and day of access, the web pages viewed within our Services, the web page you visited before navigating to our Services, and the IP address of the computer or mobile device you use to access our Services.
- Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
- Location Information: We may collect information about the location of your device each time you access or use one of our mobile applications or other location aware software connected to our services or otherwise consent to the collection of this information. For more details, please see “Your Choices” below.
- Website Interaction Information: We may record mouse clicks, movements and other interactions with our web pages to help us improve site usability.
- Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your computer’s hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits. For more information about cookies, and how to disable them, please see “Your Choices” below. We may also collect information using web beacons (also known as tracking pixels), which are electronic images that may be used in our Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon.
- Information We Collect From Other Sources: We may also obtain information from other sources and combine that with information we collect through our Services. For instance, we may collect Personal Information from you via our web site from a request that you make for additional information about the Company or our Services.
Use of Information
We may use information about you and that you provide for various purposes, including to:
- Provide, maintain and improve our Services;
- Provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices;
- Send you technical notices, updates, security alerts and support and administrative messages;
- Respond to your comments, questions and requests and provide customer service;
- Communicate with you about products, services, offers, promotions, rewards, and events offered by Timeclock 365 and others, and provide information we think will be of interest to you;
- Monitor and analyze trends, usage and activities in connection with our Services;
- Process and deliver contest entries and rewards;
- Link or combine with information we get from others to help understand your needs and provide you with better service; and
- Carry out any other purpose necessarily contemplated by the collection of information about you or as otherwise notified via the Services at the time of collection.
Sharing of Information
- With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
- In response to a request for information if disclosure is required by, or if we believe disclosure is in accordance with, any applicable law, regulation or legal process;
- If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of Timeclock 365 or others;
- In connection with, or during negotiations of, any merger, sale of Timeclock 365 assets, financing or acquisition of all or a portion of our business to another entity; and
- With your consent or at your direction, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information.
We may also share aggregated or de-identified information with third parties, which cannot reasonably be used to identify you.
Analytics Services Provided by Others
Timeclock 365 uses accepted best methods and takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. We review our security procedures carefully and regularly and our staff is trained and required to safeguard your information. We transmit, store, protect and access all cardholder information in compliance with the Payment Card Industry’s Data Security Standards.
Timeclock 365 Account Information
You may update, correct or delete your Timeclock 365 account profile information at any time by logging into your online Timeclock 365 account. Please note that we may retain certain information as required by law or for legitimate business purposes.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies our mobile applications, or certain features thereof, will no longer function.
When you first launch any of our mobile applications that collect location information, you will be asked to consent to the application’s collection of this information. We currently require this location information in order to use our Services, so if you do not consent to this collection, you cannot use our Services. If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. If you do so, our mobile applications, or certain features thereof, will no longer function. You may also stop our collection of location information by following the standard uninstall process to remove all of our mobile applications from your device.
You may opt out of receiving promotional communications from Timeclock 365 by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, previous purchases or our ongoing business relations.