This Version is Effective May 25, 2018
This Agreement includes:
- Information on the TCO Website may contain inadvertent technical or factual inaccuracies or typographical errors and, to correct them, the information may be changed or updated without notice. TCO may also make improvements and/or changes in the Materials and/or Services described in this TCO Website at any time without prior notice to the user.
- Fees, Payments, & Refunds
- Customer's use of the Service will result in fees as set forth in the TCO website. The service fees and charges may be changed by TCO from time to time by sending Customer notification, in electronic, paper or any other form, or by posting such change on the website. Customer will be charged pursuant to the terms set forth on the TCO Website. TCO will charge said fees and charges directly to Customer's credit card or at TCO's discretion, by invoice. Customer will be notified of any credit card billing failure via electronic mail, invoice, or any other means available to TCO, and agrees to pay on all amounts due within seven (7) days of receipt of such notice that have not been disputed specifically in writing. Customer will be liable for attorney's fees and collection expenses arising from TCO's efforts to collect unpaid balances.
- The Service is billed in advance on a monthly or annual basis, depending on the pricing option selected, and is non-refundable. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account. However, TCO will refund customer's initial payment if services are terminated within 30 days of initial commencement of use of the website.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- You must provide current, complete and accurate payment information. You must promptly update all payment information to keep Customer's account current, complete and accurate (such as a change in billing address, card number or expiration date). You must promptly notify TCO if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made on the website in your account. If you fail to provide TCO any of the foregoing information, you agree that you are responsible for fees accrued on your account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card(s) as may be provided by your card issuer or other means.
- Each TCO account is managed by one Account Administrator (hereinafter “Primary Admin”). The Primary Admin has complete control of the TCO account including access to payment, administration, and all features and settings. It is the Customer’s responsibility to immediately notify TCO of any change to the identity of or contact information for the Primary Admin to ensure TCO always has timely, complete and accurate records. TCO may be directed from time to time by the Customer to update the identity of the Primary Admin. If TCO is directed to update the identity of the Primary Admin, TCO will take necessary and reasonable steps to verify the information is accurate in order to prevent unauthorized or other malicious access to the account.
- TCO does not request nor require that user provide any unnecessary confidential or proprietary information from user through the TCO Website. Please note that by utilizing security techniques and equipment such as firewalls and SSL data encryption, TCO will make reasonable efforts to ensure the confidentiality of any information provided by user and stored by TCO on its servers. However, by sending TCO any information or material through the TCO Website, user acknowledges and agrees that TCO does not warrant or guaranty that TCO's security cannot or will not be breached in some manner.
LIMITATIONS OF LIABILITY: Should the information or material be inadvertently hacked, destroyed, or disclosed due to a breach of TCO's security, user acknowledges and agrees that TCO's liability for such hacking, destruction, or disclosure will be limited to and be no greater than the equivalent amount of fees paid by user to TCO during one month of use of the website and user agrees to neither seek nor claim to be entitled to any other claims for consequential damages which user may incur due to such breach. User also agrees that TCO is authorized and entitled to use any ideas, concepts, know-how or techniques that user provides to TCO for any purpose. If TCO is served with any judicial process requesting disclosure of any information provided by or pertaining to user, user agrees that TCO is hereby authorized to provide such information to the party requesting such judicial disclosure without any notification to the user. User acknowledges and agrees that TCO will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the TCO Website or products or services offered on said website whether by TCO or on its behalf (including free software downloads) for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill or reputation, or any loss or corruption of data, or any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either user or TCO at the date on which the event giving rise to the loss occurred.
- TO THE GREATEST EXTENT ALLOWED BY LAW, TCO AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND OTHERS WORKING ON ITS BEHALF PROVIDE THIS TCO WEBSITE AND ITS MATERIALS AND SERVICES ON A STRICTLY 'AS IS' BASIS AND WITHOUT WARRANTY OR CONDITION (WHETHER EXPRESS OR IMPLIED OR BY POSSIBLE OPERATION OF LAW). TO THE GREATEST EXTENT ALLOWED BY LAW, TIMECLOCKONLINE, INC. AND ITS EMPLOYEES, DIRECTORS, OFFICERS AGENTS AND ALL OTHERS WORKING ON ITS BEHALF SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OR TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TIMECLOCKONLINE, INC. MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, OR MATERIALS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY IT OR ON ITS BEHALF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM ANY COURSE OF DEALING OR USAGE OR TRADE.
USER HAS MADE HIS/HER OWN DETERMINATION REGARDING THE USEFULNESS OF THE SERVICE PROVIDED IN THE TCO WEBSITE. BY USING TCO'S SERVICES, USER ACKNOWLEDGES THAT IN SO DOING, USER IS NOT RELYING UPON ANY REPRSENTATIONS MADE BY TCO IN REGARD TO THOSE SERVICES.
- IN NO EVENT SHALL TCO OR ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, ITS MATERIAL OR SERVICES OR THIS AGREEMENT (REGARDLESS OF ITS CAUSE, INCLUDING THE NEGLIGENCE OF TCO). USER AGREES TO REVIEW AND VERIFY ALL INFORMATION PROVIDED TO THE WEBSITE BY USER OR GENERATED BY THIS WEBSITE BEFORE RELYING UPON IT IN THE CALCULATION OF ANY PAYROLL, BILLING OR ANY OTHER FINANCIAL ANALYSIS.
- User agrees and warrants that all of his/her use of this TCO Website shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
- Timesheets.com was designed to store work-related employee expense and timekeeping records and documents. However, Customers are prohibited from using Timesheets.com to store information that in not relevant to the timekeeping purposes for which Timesheets.com was designed including, but not limited to, medical records, social security numbers or other private information that is not required for the purpose of employee time and expense tracking.
- User warrants and represents that user will not utilize this website for any illegal purposes, and will utilize it in compliance with all applicable laws and regulations. User agrees not to utilize the website in a way that may cause the website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the website is in any way impaired.
- User agrees not to attempt any unauthorized access to any part or component of the website; and user agrees that in the event that any user has any right, claim or action against any other users arising out of that user's use of the TCO Website, then such user will pursue such right, claim or action independently of and without recourse to TCO or involvement of TCO.
- TCO reserves the right to modify or withdraw, temporarily or permanently, the website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website, except to the extent of any applicable refund of fees paid to TCO.
- TCO is not responsible for the availability of any external sites or resources referenced in this website, and does not endorse and is not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party website, including (without limitation) any advertising, products or other materials or services on or available from such website or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
- Users acknowledge and agree that his/her company/branding information (company name, logos, etc.) may be utilized by TCO for the limited purpose of being listed as a client and for and other general promotional uses by TCO. If user does not want TCO to utilize this information in this manner, please send an email to TCO by using the contact form on the website notifying TCO of your objection to such utilization and then TCO will stop utilization of such company/branding information.
- TCO has the right, but not the obligation, to monitor any activity and content associated with the TCO Website. TCO may look for ways to provide Customer with useful training and assist the Customer with account settings and options. Therefore, Customer agrees and authorizes TCO to access their Account Settings and User Data for the explicit purpose of maximizing Customer benefit.
- TCO agrees not to provide data to anyone other than customer, without customer's written consent or unless otherwise compelled by law to do so.
- User acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in TCO or its licensors. User is permitted to use this material only as expressly authorized by TCO.
- Unless specified in a written agreement with separate terms and conditions related to a particular product or service, TCO makes no warranty that the website or products or services offered on the website whether by it or on its behalf will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available or products or services offered on the website whether by us or on our behalf are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the website.
- TCO will not be liable to user in contract, tort or otherwise if you incur loss or damage connecting to the website through a third party's hypertext link.
- Limitations on Use of Service and Service Software.
As used herein, “Software” refers to any software incorporated into the Service. Customer will not, and will not permit, assist, or allow others to, reverse engineer, decompile, disassemble, re-engineer, or otherwise discover, recreate, or attempt to discover or recreate the Software or its source code. Customer will not modify or attempt to modify the Software or sublicense or charge others to use or access the Software or the Service. Customer will not use the Software or the Service in any way not expressly authorized by this Agreement. Customer shall have no right, title or interest in and to the software.
Customer acknowledges that the Service is not intended for permanent storage and agrees not to use the Service for archiving or back-up purposes.
From time to time, TCO may add new features to the Service that are described as “Beta” (“Beta Features”). Customer acknowledges that Beta Features may be untested, non-functional, and/or partly functional features of the Service. If Customer elects to use a Beta Feature, it does so at its own risk. TCO does not warrant that the Beta Features will be provided with due care. Customer will back-up all data it adds to the Beta Features and will not rely upon the functionality of the Beta Features for any purpose whatsoever. The Beta Features will be considered part of the Service and all provisions of this Agreement relating to the Service will apply to the Beta Features.
Customer may not use the Service (i) in violation of this Agreement; (ii) to infringe violate, dilute or misappropriate the intellectual property rights of any third party or rights of publicity or privacy; (iii) to violate any law, statute, ordinance or regulation; (iv) to store or post defamatory, inflammatory, trade libelous, threatening, or harassing data; (v) to store or post obscene, pornographic or indecent content or data; or (vi) to introduce or propagate any unauthorized data, malware, viruses, worms, Trojan horses, spyware, worms, other malicious or harmful code. Customer may not use the Service in any application that may involve risks of death, personal injury, property damage or environmental damage. Customer may not interfere with or attempt to interfere with or disrupt the integrity, security, functionality or proper working of the Service. Customer may access the Service only through the interfaces and protocols provided or authorized by TCO. Customer may not compile or use the TCO provided materials or any other information obtained through the Service or the TCO website for the purpose of unsolicited direct marketing, spamming, unsolicited contacting of customers, or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations.
TCO may investigate any reported violation of these conditions or complaints and TCO may take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the website) should TCO determine that you have violated any of these Terms and Conditions.
- Security, Privacy, and Access.
- TCO will not be liable for any damages (direct, incidental or consequential of any kind) incurred by Customer arising out of or related to use of the Service, including without limitation in connection with any unauthorized access to or disclosure of Customer Data, resulting from the actions of Customer, any third party, or from the failure of electronic or other security measures.
- Customer acknowledges and agrees that notwithstanding the foregoing provisions of this Section 26(a), TCO may transfer Customer Data to any successor in interest of TCO under this Agreement TCO has no obligation to monitor the Service. TCO has the right to monitor the Service and to disclose any information arising out of it, including without limitation Customer Data, as necessary to satisfy any law, regulation, or demand of government or of internal auditors or to protect TCO or its customers. TCO may remove or refuse to post any materials that it finds, at its discretion, to be offensive, undesirable, in violation of this Agreement, or otherwise unacceptable. However, TCO has no obligation to remove any such materials
- Customer will not use the Service to transmit or store any data that may be considered obscene or pornographic, that contains defamatory material, or that violates federal, state, or local law.
- Customer will not disclose any account passwords to any third party not authorized to use the Service.
- For customers who are subject to the requirements of the Health Insurance Portability and Accountability Act (HIPAA), Timesheets.com does not support HIPAA compliance. Under HIPAA, certain information about a person’s health or health care services is classified as Protected Health Information (PHI). Timesheets.com customers are responsible for determining whether they are subject to HIPAA requirements and may not use Timesheets.com in connection with PHI.
- General Representations and Warranties.
- Each party hereto represents and warrants that (i) it has the full right, power and authority (including corporate right, power and authority, as applicable) to enter into this Agreement, (ii) the acceptance of this Agreement and the performance of its obligations and duties hereunder do not and will not violate any agreement to which it is a party or by which it is bound, and (iii) when accepted this Agreement will constitute the legal, valid and binding obligation of such party, in accordance with its terms.
- In connection with the subject matter of this Agreement, Customer agrees to comply with all applicable federal and state laws and regulations.
- Customer represents, warrants and covenants: (i) that Customer is solely responsible for its Customer Data, including without limitation, the security of such Customer Data; (ii) that Customer has the necessary rights and licenses, consents, permissions, waivers and releases to use its Customer Data.
- Customer represents and warrants that: (i) the information Customer provides in connection with registering for the Service is accurate, complete and in compliance with the requirements hereunder; (ii) if Customer is registering for the Service as an individual, that Customer is at least eighteen (18) years of age and has the legal capacity to enter into this Agreement; and (iii) if registering for the Service as an entity or organization, (1) such entity or organization is duly authorized to do business in the country or countries where it operates, (2) the individual accepting this Agreement and completing the registration for the Service on behalf of the Customer meets the requirements of clause (d)(ii) above and is an authorized representative of such entity or organization , and (3) employees, officers, representatives and other agents of such entity or organization accessing the Service are duly authorized to access the Service and to legally binds entity or organization to this Agreement.
- No Warranty; Limitation of Liability.
- TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE SERVICE AND PERFORMANCE THEREOF, AND WITH RESPECT TO THE SERVICE AND TCO'S PERFORMANCE UNDER THIS AGREEMENT, SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TCO DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR OPERATE WITHOUT INTERRUPTION OR DOWNTIME OR BE ERROR FREE. TCO DOES NOT WARRANT THAT THIS TCO WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM TCO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- With respect to Defense Contract Audit Agency (DCAA) compliance issues, due to the evolving nature of federal regulations, TCO cannot make, and DOES NOT MAKE, any warranty, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, that the Service will be DCAA compliant and Customer is encouraged to seek advice and proper counsel from persons specializing in DCAA audit and compliance matters to insure Customer compliance with DCAA standards.
- TCO is not liable for the accuracy, truthfulness, or validity of any data entered by Customer or provided through the Service. TCO is not liable for the loss any Customer Data.
- Customer's sole and exclusive remedy, if it is dissatisfied with the Service or with terms, conditions, rules, policies, guidelines, or practices of TCO is to discontinue using the Service.
Customer will indemnify and hold harmless TCO and its affiliates, employees, officers, directors, agents, licensors, successors and assigns from all damages and liability, including without limitation reasonable attorneys' fees, incurred as a result of:
- Customer's violation of its obligations under this Agreement or the documents it incorporates by reference, or user's violation of any law or the rights of a third party or the use of this TCO Website,
- the negligent or willful acts of Customer, or
- the violation by Customer of TCO's or any third party's rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel, slander, or unfair trade practices in connection with the use or operation of the Service. Customer's obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
- Termination and Cessation of Service.
- Either party may terminate this agreement at any time. The following obligations will survive the termination of the Agreement for any reason: (i) indemnification obligations set forth in Section 29 above; (ii) obligations to make payments of amounts that become due under this Agreement before termination; and (iii) any other provision hereof where the context of such provision indicates an intent that it will survive the term or termination of this Agreement.
- TCO may deny or may temporarily suspend Customer access to all or part of the Service without notice if TCO believes, in its sole discretion, that Customer may have violated any of the terms of this Agreement.
- Upon termination of this Agreement, TCO will store and retain Customer Data for any period that may be necessary under the terms of this Agreement and may, in its discretion, store and retain such data for any longer period as may be allowed by applicable law. While such data is stored post-termination of this Agreement TCO will not willingly disclose the data to any third-party unless authorized Customer, or as may be permitted by this Agreement.
- For the protection of our customer and their employees, Timesheets.com will not accept phone, email or chat correspondence directing us to terminate service nor can we accept phone, email or chat correspondence as notification of intent to cancel service. Customers who wish to terminate service may do so anytime by cancelling from their accounts settings. Accordingly, customers inquiring about cancellation of service will be directed by Timesheets.com staff to their account settings where they will have the option to immediately cancel service.
- Interruption of Service.
- TCO WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO INTERRUPTION OF, OR DEFECTS IN TRANSMISSION OF, THE SERVICE, including without limitation interruptions or defects due to inability to access the Internet or any part thereof, equipment modifications, upgrades, relocations, or repairs. No reduction of payments will be made in the case of temporary interruption of or defects in transmission of the Service.
- TCO will not be liable for interruption of or delays in transmission of the Service caused by acts of God, fire, water, riots, acts of Government, acts or omissions of Internet backbone providers, or any other causes beyond the control of TCO.
- Licenses and Billing
Timesheets.com does not monitor our customer’s accounts or make automatic adjustments to their billing based on usage. Timesheets.com has no way of knowing when or if our customers plan to increase or decrease the number of purchased licenses in any given billing period, or how our customers plan on using their purchased licenses. It is therefore the customer’s responsibility to adjust their account’s billing preferences and number of licenses as needed. Customers may adjust the number of user licenses anytime via the primary administrator’s account or by contacting customer support. Timesheets.com does not provide partial refunds for unused licenses or licenses that are no longer needed, however all licenses are transferrable to new workers and remain active until the end of the customer's then-current billing period. For example, a customer may deactivate a worker’s user account at any time thereby freeing the user’s license to be assigned for use with a different worker. Timesheets.com will bill a prorated amount through the end of the current billing period for any upgrade in services where new licenses are purchased. Purchasing additional licenses during any billing period will also cause future billing to be adjusted to reflect the new service level.
- This Agreement constitutes the entire Agreement between TCO and customer regarding the subject matter hereof and expressly supersedes any prior or contemporaneous written or oral agreements between the parties regarding the subject matter hereof, including without limitation any offer; purchase order, or other similar instrument in writing.
- In the event that any provision of this Agreement is held to be unenforceable, such provision will be construed as nearly as possible to reflect it original intent and the remainder of this Agreement will remain in full force and effect.
- Customer's rights in this Agreement are personal and are not assignable. TCO may assign its rights and obligations under this Agreement to third parties.
- TCO is controlled, operated and administered by TCO primarily from its offices within the USA. TCO makes no representation that materials at TCO are appropriate or available for use at other locations outside of USA and access to them from territories where their contents are illegal is prohibited. Customer may not use TCO or export the Materials in violation of USA export laws and regulations. If Customer accesses TCO from locations outside of USA, Customer is responsible for compliance with all local laws.
- The remedies provided in this Agreement and at law or in equity are cumulative and not exclusive. The failure by either party to exercise any right or remedy under this Agreement or otherwise available at law or in equity will not be deemed a waiver of any subsequent right or remedy.
- No person or entity who is not a party to this Agreement will derive any rights whatsoever hereunder as a third-party beneficiary of this Agreement.
- Customer acknowledges that TCO is not a payroll system and Customer agrees to take full responsibility to validate the accuracy of data produced by the Service when used by Customer for its own payroll or billing purposes. Customer accepts responsibility for ensuring compliance with State and Federal labor laws and repo and holds TCO harmless and indemnifies TCO from any and all pay tax and labor compliance liabilities. Certain features of the Service, including multiplying hours tracked by a monetary figure supplied by Customer, are provided for convenience and Customer's reference only and do not and will not reflect the actual calculation of any payment payable by Customer to any person or entity and can never be relied on as such and are not warranted or guaranteed by TCO to be a payroll calculation or any other payment or billing calculation.
The parties acknowledge that they have read the terms and conditions of this Agreement and hereby agree to be bound thereby. This Agreement will become effective upon Customer' s acceptance by electronic acknowledgment on TCO. Customer warrants and represents that he is legally authorized to enter into and be bound by the terms of this agreement under the laws of the State of California.
(c) Copyright TimeClockOnline.com, Inc. 2005 - 2020. All rights reserved. All trademarks mentioned herein belong to their respective owners. Unless identified with the designation “TimeClockOnline.com” and the contents of this website is copyrighted by TimeClockOnline.com, Inc. In consideration of this authorization, you agree that any copy of these documents you make shall retain all copyright and other proprietary notices contained herein.
For greater certainty, all content included on this site, such as text, trademarks, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TimeClockOnline.com, Inc. or its content suppliers and protected by United States, Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of TimeClockOnline.com, Inc. and protected by U.S., Canadian and international copyright laws. All software used on this site is the property of TimeClockOnline.com, Inc. or its software suppliers and protected by United States and international copyright laws.
User may not otherwise copy or transmit the contents of this TCO Website either electronically or in hard copies. User may not alter the content of this TCO Website in any manner, without prior written consent of TCO which can be requested by email to TimeClockOnline.com, Inc.
Individual documents published by TimeClockOnline.com, Inc. on the World Wide Web may contain other proprietary notices and copyright information specific to that individual document. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or other property right of TimeClockOnline.com, Inc. or any third party. Except as expressly provided above nothing contained herein shall be construed as conferring any license or right under any copyright or other property right of TimeClockOnline.com, Inc. or any third party. Note that any product, process, or technology in this document may be the subject of other intellectual property rights reserved by TimeClockOnline.com, Inc. and may not be licensed here under.