General Terms and Conditions (GTCs)
Version T 1.7
Customer satisfaction is very important to us, which is why we put great emphasis on building a strong business relationship with our clients.
The firm TimeTac GmbH. (also known as TimeTac) offers its clients the use of web-based time tracking on the website www.timetac.com
As TimeTac is a web service, internet access is required in order to use the software. Please note that internet access is not provided by TimeTac.
In accordance with the regulations regarding data protection and confidentiality, TimeTac may use the client’s data as a reference in projects and publish these findings. This also includes the use of copyright protected logos, product names and descriptions as well as other trademarks provided by the client. If the client should disagree to this then TimeTac must be given notice in writing.
General Provisions and Applicability
The GTCs apply to all services which are supplied to the client by TimeTac, as well as any future business transactions between the contracting parties. The GTCs from the customer are hereby excluded for the present transaction and during the entire business relationship. The quotation is subject to change.
Contract Formation and Termination
The contract will come into effect once the conditions in the quotation have been accepted by the client, and billing will commence on the day the contract is signed.
The contract is for an indefinite period and can be terminated on the last day of each month, with a period of at least seven days’ notice.
Contract termination can be executed as follows:
Sending an email to: firstname.lastname@example.org
Sending a fax to: 0043 316 587142 4
After termination of the contract, a final invoice will be issued to the client, which will include all outstanding payments. Payment is due within one week of receiving the final invoice.
The firm TimeTac has the right to terminate the contract on reasonable grounds, such as, misuse, unauthorised subletting etc.
The price of the product stated in the quotation relates to net price. During the term of the contract, the price quoted may be subject to change due to inflation.
Payment and Billing
Billing is based on the costs incurred from the previous month.
Payment can be made by credit card (MasterCard or Visa).
Direct debit can only be made by customers from Germany and Austria, but payment by credit card is available to all TimeTac customers.
You will receive a monthly invoice with a detailed listing of all services with value added tax stated separately.
If a payment is seven days overdue, then your account will be deactivated from the software, the contract will be cancelled and all outstanding claims will be collected.
It is important that your bank or credit card account always has enough credit to cover the monthly payment requested by TimeTac. If the amount cannot be obtained from the client’s account due to insufficient funds, then the client may incur further costs from TimeTac.
TimeTac will provide the customer with the described software and features as stated in the quotation. The customer is not authorised to copy, distribute or edit the software. The software package offered by TimeTac is to be used as a service. When registering, the customer is obliged to pass on all required information truthfully and is not permitted to pass on their login data to an unauthorised third party. The customer is not to misuse the service provided by TimeTac in any way.
Specification and Accessibility
The product specifications of TimeTac products can be found on the website www.timetac.com and in the quotation.
Due to the complexity that is involved in processing and handling the data, one hundred percent product security cannot be guaranteed. General regulations relating to service disruptions and defects are technical conditions specific to this area and therefore need to be understood and abided by. TimeTac is committed to achieving high customer satisfaction and therefore guarantees that service availability will amount to an annual average of 98%. This guarantee excludes technical difficulties and problems which TimeTac have no control over.
TimeTac has the right to make alterations to the agreed service specification at any time if it is deemed advantageous the customer, or if they are required to do so by law. A service modification may occur when thought of as necessary by the service providers, or deemed to be acceptable to the client and is in accordance with commercial practice based on the mutual interests of both parties.
If TimeTac supply any additional, complimentary software or any other service with the service quotation, then this can be withdrawn at any time and will pose no future obligation.
The data required for ordering and setting up TimeTac will be compiled, processed and saved by TimeTac. Personal data is all information which can directly or indirectly identify a person, such as, name, home address, email address, date of birth and credit card details. Personal data will not be passed onto any third person without written permission from the user. However, in order to process payments by means of a credit card or direct debit, user data will need to be forwarded to the payment providers and credit card companies. This data will be encrypted before it is passed on. Data generated and saved by customers in the software will not be passed onto third parties.
After the termination of the contractual relationship, individual related personal data will be deleted. This does not include data which is retained to suffice legal obligations.
The contractual partners, in addition to any parties connected to the preparation of any contract or quote documentation from TimeTac, are bound to the prevention of conveying any contents of aforementioned documentation to any additional party that is not contained within said documentation. This includes any data, including but not limited to; business and trade classified information, quotes, contracts and customer data. The understanding and confidentiality of these data are extended indefinitely beyond the termination of the contract.
The contracting parties must ensure that confidentiality is also maintained by their employees and other involved parties.
TimeTac 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 client and their employees.
TimeTac refuse to accept any liability for lost profit, consequential damages, immaterial damages, unrealised savings, interest losses, financial loses and claims made by third parties on the basis of product liability.
TimeTac is also not liable for the contents, correctness or completeness of data passed on by the customer.
TimeTac takes no responsibility that the software provided will meet all requirements set by the customer or will achieve the desired economic success.
TimeTac takes no responsibility for slight negligence.
TimeTac takes responsibility for gross negligence. The maximum amount guaranteed is restricted to the stipulated annual service charges.
The customer ensures that he will not use any devices and equipment, software or other data in a way that will lead to changes in the software and/or interfere with the availability of the service.
The client shall indemnify and hold TimeTac harmless against all third party claims or liabilities which are based in whole or in part of the user’s failure to comply with legal software regulations.
The software and all additionally provided material remain the sole material and intellectual property of TimeTac. Should TimeTac in the duration of this contract make changes to the software, then all resulting modifications remain copyrights and rights of use to TimeTac.
Amendments to the General Terms and Conditions (GTCs)
TimeTac reserves the right to alter the GTCs. The client will be informed about any new alterations in writing and given a period of two weeks to raise any complaints or concerns after receiving the alterations. If TimeTac does not receive an objection in writing from the client, then the new version of the General Terms and Conditions will come into effect.
TimeTac is based in Graz, Austria, and likewise, all services are managed from there.
The contractual relations between both parties solely apply to Austrian law.
The contracting parties agree to the validity of the contracts in written form.
Should any of the provisions in the GTCs 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 withdraw from the right to challenge the contract due to laesio enormis (para. 1386 of the [Austrian] General Civil Code) or error.