General Terms and Conditions
Version 2.0
Effective 25.05.2018
The services and offers as well as all agreements concluded between the Customer and TimeTac GmbH shall be governed exclusively by these Terms.
TimeTac GmbH only enter into a contract with entrepreneurs. Therefore, the statutes of the Austrian consumer protection law (KSchG) are not valid.
§ 1. Definitions
“Agreement” refers to this General Terms and Conditions document.
“Account” refers to Customer’s company specific access to the System, including all user accounts within.
“Provider” refers to the company TimeTac GmbH, with a registered office of:
Am Eisernen Tor 1,
8010 Graz,
Austria;
its employees, agents and representatives, which provide the Services within this Agreement.
“Customer” refers to the organization and its employees, agents and representatives which receive the Services within this Agreement.
“Service” refers to the offerings of Provider as a company, including Software, Systems and the efforts of employees, agents and representatives.
“Software” refers to the web application provided under the web address of go.timetac.com.
“System” refers to the collection of applications and devices that Provider offers, including the Software, smartphone applications, hardware time clocks and Application Programming Interface (API).
“Party” refers to the Customer or Provider in singular form, whereas “Parties” refers to both the Customer and Provider.
§ 2. General Provisions and Applicability
Provider offers its Customers the use of time tracking and attendance on the website go.timetac.com, including adjoinings Services (support. maintenance, updates).
Internet access is required in order to use the Systems. Please note that internet access is not provided by Provider.
The acceptance of this Agreement may only be carried out by authorised persons of the Customer.
The Agreement applies to all Services which are supplied to the Customer by Provider, as well as any future business transactions between the contracting Parties. Conditions of the customer which conflict with or deviate from these terms are not applicable unless the Provider has explicitly agreed to their validity in writing.
Customer agrees and consents to receive electronically all communications, agreements, documents, notices and disclosures that Provider provides in connection with Account.
These communications include:
- Agreement and policies Customer agrees to, including updates to this Agreement or these policies;
- Account details, history, transaction receipts, confirmations, invoices, and any other Account or transaction information;
- Legal, regulatory, and tax disclosures or statements Provider may be required to make available to Customer;
- Responses to claims or inquiries filed in connection with Customer’s Account.
Provider will provide these Communications to Customer by emailing them to the contact email address listed in Account. Customer may withdraw consent for receiving these communications electronically by e-mailing account@timetac.com. If Customer withdraws consent, Provider may charge additional fees for paper copies and postage.
Customer cannot opt-out of receiving important Account related messages from Provider, including security and legal notices.
It is the responsibility of Customer to provide Provider with a true, accurate and complete e-mail address, contact information and billing information. Customer can review and update such information directly within the Account.
§ 3. Free Trial
The Customer may test the Account for period of 30 days without charge. There are no obligations or costs for the Customer when signing up for a free Trial Account.
After the Trial period of 30 days, no further use is possible unless the Trial period has been extended by Provider. A further 30 days after the expiry of the possibly extended Trial period, the Trial Account including the data collected with it will be deleted.
Provider may, in its sole discretion, refuse to allow Customer to establish a Trial Account, or limit the number of Trial Accounts that Customer may establish and maintain at any time.
§ 4. Conclusion and Termination
The conclusion of the contract and thus a transfer to a paid, full version of the Account come about with the optional acceptance of a written Quotation, as well as the mandatory activation of the System by entering the complete company and payment data within the Software. The payment of the full version begins with the day of the conclusion of the contract, unless otherwise agreed in writing.
The Agreement for usage of the paid Account is drawn up for an indefinite period of time and can be terminated on the last day of any given month, providing a period of at least seven days’ notice is given.
Termination of Agreement can be executed as follows:
Via e-mail to account@timetac.com
In writing to TimeTac GmbH, Am Eisernen Tor 1, 8010 Graz, Austria
After termination of Agreement, all open costs will be billed to the Customer. These costs will be in the form of a final invoice and payment is due promptly. Provider reserves the right to terminate Agreement for serious violations (misuse, unauthorised reselling etc.) with immediate effect.
§ 5. Pricing
The prices on the website page www.timetac.com/en/company/pricing/ always apply unless an individual quotation has been provided. The quoted prices for all products and Services are to be considered net.
Provider expressly reserves the right to change the listed prices during the Agreement period, exclusively for inflation adjustment.
In the event the contract contains a currency other than the Euro, the provider expressly reserves the right to change the listed prices subject to currency fluctuations.
Customer is responsible for taxes, VAT, import duties and import taxes. Customer is obliged to provide their tax number.
§ 6. Payment and Billing
The Provider calculates the costs on a monthly basis according to the number of users activated within the Account and the products assigned to the user.
The billing period is the preceding month. All users activated for more than 5 days in the billing period are billed. The generated invoice contains a detailed list of all Services, and can be automatically sent via e-mail and obtained in the Account Management of the Software.
Payment of the invoice is made according to the payment method available in the country of the customer.
If Customer pays via credit card, Customer is responsible for ensuring that a valid credit card is entered within the Software. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected. If a debit of payment is not possible due to a fault of the Customer, Provider reserves the right to charge additional costs and interest on arrears to the customer. Interest on arrears are agreed according to company interests in § 456 UGB (Austrian Commercial Code).
Should Customer fall into arrears with payments more than fourteen (14) days, Provider shall be entitled to deactivate access to Systems, terminate the Agreement and service the outstanding claims.
§ 7. Terms of Use
Provider provides the Customer with the System to cover the functionality described on the website www.timetac.com in such a way that the use of the functionalities is possible by the Customer. In the course of this Agreement, Provider does not grant the Customer the right to reproduce, edit, pass on or in any way modify the Software on the part of the Customer.
The Customer is obliged to protect the access data for the Account from the unauthorized knowledge of third parties. Customer is responsible for maintaining adequate security and control of any and all IDs, passwords, user identification numbers, API keys or any other codes that are used to access Account. Customer will immediately notify Provider of any unauthorized use of Customer’s Account. Provider is not responsible for any losses due to stolen or hacked passwords in the area of influence of the Customer.
The Customer is prohibited from misusing the Systems of Provider. The Customer ensures that they will use no devices or equipment, software or other data in a manner which will result in changes to the Software or affect the availability of the System.
If the Customer violates these Terms of Use, the Provider shall deprive the Customer of the right to continue to use the Systems without reimbursement of any costs.
§ 8. Software Scope and Availability
The scope of the Software is shown on the website www.timetac.com. The Provider is entitled to change the agreed scope of the Software at any time, if this results in an improvement of the Software concerned, a change in the legal situation requires such changes, such a change due to practical experience is appropriate or if the change is customary and taking into account the mutual interests of the Customer is reasonable.
If Provider supplies any additional, complimentary Software or any other Service within the Quotation, then this can be withdrawn at any time and will pose no future obligation.
Provider provides the Services with the utmost care and guarantees an availability of service at 98% in the annual average. Excluded from this warranty are defects and events that are not the responsibility of Provider.
§ 9. Data Protection
Protection and security of data is an essential interest of both Parties. How data is processed is detailed throughout this Agreement, as well as in the Data Processing Agreement.
A general oversight on how data is processed and what measures Provider takes to ensure the protection and security of Customers data can be found in the Security and Data Protection section of the Provider’s website.
§ 10. Licensing/On-Premise Operation
The following section of this Agreement applies only to those Customers using TimeTac on their own server infrastructure, rather than the cloud-based solution offered as standard by Provider.
The Customer is expressly responsible for the provision of the IT infrastructure, data security, backups, maintenance etc. and therefore has to provide for the availability of the System.
Provider points out that no liability is accepted for application errors in the Customer’s area. The same applies to unauthorized modifications of the Software, configuration without the prior written acceptance of the Provider or use of non-approved additional software.
Violation of the license is prohibited and will be prosecuted by the Provider. In the event of a breach of the license conditions, the Provider may revoke the license at any time without reimbursing the purchase price or otherwise.
The Customer is under no circumstances authorized to create or distribute copies of the Software, whether in original or modified form.
If the Software is operated on the Customer’s servers, the Provider reserves the right to delete the Software from the Customer’s servers. The necessary accesses are to be made available to the Provider.
§ 11. Duty of Inspection and Notice of Defects
The Customer is obligated to monitor the Software for obvious defects that are immediately noticeable to an average Customer and to report any defects within 2 weeks of commissioning with a detailed defect description.
Non-obvious defects must be reported by the Customer no later than 2 weeks after detection.
In the event of a breach of duty to inspect and to give notice of defects, the Software shall be deemed accepted in view of the defect in question.
§ 12. Liability
Provider is not liable for damages caused by third parties, acts of nature (e.g. fire and water damages, direct or indirect lightning strike) or actions made by the Customer and their employees.
Provider refuses to accept any liability for lost profit, consequential damages, immaterial damages, unrealised savings, interest losses, financial losses and claims made by third parties on the basis of product liability.
Provider is also not liable for the contents, correctness or completeness of data passed on by the Customer.
Provider takes no responsibility that the System provided will meet all requirements set by the Customer or will achieve the desired economic success.
Provider takes no responsibility for slight negligence. Provider takes responsibility for gross negligence. The maximum amount guaranteed is restricted to the stipulated annual fee or the agreed license fee.
In the event Provider additionally resells hardware to the Customer, the warranty for this hardware is limited to the warranty of the respective manufacturer.
Should the Customer violate any regulation or law during usage of the Software, the Customer shall indemnify and hold Provider harmless from all resulting claims of third parties.
§ 13. Compliance with Laws
Customer warrants that the use of Systems and all entered and uploaded data will comply with all applicable laws and regulations and will not damage the rights and freedoms of others.
If Customer’s organisation is located in the European Union, or Customer provides access to Systems to anybody in the European Union, Customer understands and will adhere to the responsibilities as a Controller, outlined in the General Data Protection Regulation, and will complete Provider’s Data Processing Agreement.
§ 14. Copyright Law
The Software and all additionally provided material remain the sole material and intellectual property of Provider. Should Provider in the duration of this Agreement make changes to the Software, then all resulting modifications remain copyrights and rights of use of Provider.
§ 15. Amendments to the Agreement
Provider reserves the right to alter the Agreement. The Customer will be informed about any new alterations in written form and given a period of two weeks to raise any complaints or concerns after receiving the alterations. If Provider does not receive an objection in written form from the Customer, then the new version of the Agreement will come into effect.
§ 16. Final Provisions
The place of jurisdiction is Graz, Austria. Place of performance is also Graz.
The contractual relations of the contracting Parties are governed exclusively by Austrian law, excluding its conflict of law rules. The application of the UN Convention on Contracts for the International Sale of Goods is explicitly excluded.
The contracting Parties agree to the validity of the contracts in written form.
Should any of the provisions in the Agreement be ineffective or void in part or in whole, then the contracting Parties agree to stipulate a provision that comes closest to the meaning and purpose of the ineffective or void provision.
The contracting Parties expressly waive the right to contest more than half of contracts for error or curtailment.
This version of the Agreement supersedes any previous version, including Appendices.