Terms & conditions – TimeLog Software

Terms & conditions – TimeLog Software

This is TimeLog’s T&C and has last been updated on 18 October 2018.

Before you register with TimeLog A/S (TimeLog), you must read and agree to our terms & conditions (T&C). By signing up for the TimeLog system (TL), you agree to be bound by the T&C, as changed from time to time, and you agree that it is enforceable as if it were a written negotiated agreement signed by TimeLog and you.

You will always find the current T&C in your TimeLog under My account.


Description of service

TL is a web-based PSA solution from TimeLog which is based on the concept of SaaS (Software as a Service). The service is provided on an as is and as available basis. Your use of TL is at your sole risk.

Commencement date

The commencement date for the subscription takes effect from the date you accept the T&C while signing up for a subscription of TL.

You have seven (7) calendar days right of cancellation when signing up for TL. If you want to use your right of cancellation, you must send a written notice within the seven (7) calendar days to info@timelog.com.

This agreement replaces any prior agreement or offer concerning TL. Any amendment or addition to this agreement must be made in writing and signed by duly authorised representatives from both parties.

Pricing

User licenses

TimeLog will charge a unit fee per user licence. 

You can buy licences and modules under My account. It is only users with access to the area My account and the rights to administrate and purchase licenses that can buy and adjust licenses.

You can grant access for a user to TL by activating users in TL. When you activate a user, you will make use of a user licence for that purpose. If you do not have any user licences left, you will have to buy an extra user licence and/or module licence under My account.

It is your responsibility to deactivate unused user licences before your next invoice period starts. You are not entitled to any refunds due to inactive users not being deactivated before your next invoicing period starts. You adjust your licenses under My account.

The price of TL is calculated by multiplying the unit fees for the different licence types with the number of active licences in each licence type.

The fee for TL is charged with effect from the commencement date until the effective date of termination. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties, excluding only Danish taxes.

Read more about purchasing and adjusting licences. 

The pricing of add-on modules adapts two models:

Price per active user on the module
The price is calculated per user having access to the module. You grant access to these user-based modules on the employee card and buy these licenses under My account.

Price per active module
This pricing is a fixed price per active module per month and is not based on a price per user.

Change in pricing

All prices/fees are subject to revisions in accordance with TimeLog’s price list. Price increases must be notified 30 days in advance and will take effect from the next invoice period. The price increase shall be reasonable in view of market conditions from time to time for similar services. Price increases reflecting the development in the Danish net price index shall always be deemed reasonable. The current prices/price list is to be found when you buy new licences and/or modules in TL.  

Payment

TL and add-on modules are invoiced in advance for an invoice period of your choice. You can always change the invoice period and invoice details under the account administration in TL. The changes will take effect as from your next invoice period.

Any objections to an invoice must be communicated by e-mail to accounting@timelog.com within 10 days of the date of invoice. Otherwise, the invoice shall be considered approved.

In case of late payment, TimeLog is entitled to late payment interests and reminder fees in accordance with Danish law. As long as any invoice, despite a reminder, remains overdue and unpaid, TimeLog may suspend the use of TL and add-on modules until payment. Added licences or modules within a current invoice period will be billed from the activation date and for the rest of the payment period.

Payment by invoice
All invoices are due for payment within 14 days.

Payment by credit card
A valid credit card is required for you to use TL. You can always update your credit card information under My account in TL.

Credit cards accepted: Dankort, Visa and MasterCard.

Implementation services
TimeLog has a team of consultants that can help utilise the TL solution to reach your goals that you set when investing in TL.

You can contact the consultants at enterprise@timelog.com and discuss the best implementation plan for your company, and you will receive a quote for the implementation and a time frame for the workshops.

If you cancel a planned workshop later than 24 hours before the workshop is to begin, we reserve the right to invoice 50% of the agreed price including prepaid travel expenses.

If you cancel a planned workshop, on the day of the workshop, we reserve the right to invoice the full price for the workshop including prepaid travel expenses.

Travel costs for a workshop on-site at the customer have a minimum cost of 15 minutes in travel time. Contact enterprise@timelog.com for a precise quote.

Work outside TimeLog’s opening hours will be charged as follows:

  • Work on weekdays between 6-8 AM and 5-7 PM will be charged with a factor of 150% on the hourly rate
  • Work on weekends, on public holidays and on weekdays between 10 PM and 8 AM will be charged with a factor of 200% on the hourly rate

Contact enterprise@timelog.com for a precise quote.

When you are in a process with TimeLog consultants, you agree to let us help you set up TimeLog and change/enter data in TimeLog during that period based on an initial written consent.

Support and maintenance

Support is provided by telephone and e-mail (support@timelog.com) Monday to Friday (Danish public holidays excluded) in the period from 9 AM to 5 PM CET. 

We have the following service levels:

  • Advanced and Basic Plus edition customers have unlimited support by e-mail and phone
  • Basic edition customers have unlimited support by e-mail
  • Time edition customers have no support included in terms of questions and help to the system

Support is defined by being bug handling and questions about specific features and interfaces. Questions to the setup of integrations, advice on how to use TL according to your processes and broader concept introductions are not considered part of the free support.

Bugs are categorised to be fixed as described below:

  • Low priority bugs not impacting the availability and usage of the software will be corrected in connection with the first following upgrade or patch
  • Normal priority bugs affecting the usage but not the availability of the software will be corrected within maximum 12 days from receipt of your complaint
  • High priority bugs leading to a denial of service on parts of the solution will be corrected within maximum 48 hours from commencement of the first working day following the receipt of your complaint
  • Urgent priority bugs leading to a denial of service on the entire solution will be corrected within maximum 24 hours from the receipt of your complaint

Downtime

The definition of downtime is that TL is unavailable for the end users and has not been advertised as excused downtime as defined below.

TimeLog’s service level objective for hosting services availability is 99.7% or higher when calculated as average performance per quarter in a calendar year.

In order to initiate a claim for downtime compensation, you must contact TimeLog with the following information: (a) Company name and contact information; (b) the date and begin/end time of the claimed outage(s); and (c) a brief description of the characteristics of the claimed outage(s).

You will be notified within 10 days of the request with the resolution of the request. If rejected, the notification will specify the basis for rejection. If approved, TimeLog will issue a compensation to your account calculated as a percentage (“Weighting factor”) of the total hosting fee in the calendar quarter in which the outage occurred. This compensation will be deducted from the next invoice issued.

Service metrics

Potential up time

Service level

Weighting factor

TL availability

7*24*365

Less than 90% Availability

 90.0 – 96.9% Availability

 97.0% – 98.5% Availability

 > 98.5% - 99.7% Availability

 > 99.7% Availability

80%/Termination

 70%

 50%

 10%

 0%

 

Excused downtime

Regular maintenance of TL and updates of the Microsoft servers will be for all customers and is not seen as unavailability as described in the paragraph about Downtime. During our excused downtime, you should be aware that access to TL will be closed down for a limited period (preferably during night time CET, if possible). When maintenance and Microsoft updates are installed, your primary support contact persons will get a written notice prior to the excused downtime minimum five days in advance.

Minor outage up to five (5) minutes during the night time (between 24 – 06 CET) can occur when we release normal updates to TL. This is seen as excused downtime although not announced prior to the update.

TimeLog reserves the right to move your hosting site to another server in our hosting environment for operational reasons which are also seen as excused downtime. TimeLog strives to give at least 10 days written notice. TimeLog cannot be held responsible for any external expenses you might have regarding the move.

Client requirements

Technical requirements 

TL and most add-on modules are 100% web-based and compatible with all common operating systems (MS Windows, Linux, Mac OS). You must be connected to the internet in order to have access to TL. However, it is possible to use TimeLog Tracker for desktop and smartphones offline.

We offer free usage of bandwidth, however, if excessive usage resulting in low performance for other TL customers or significantly exceeds the average bandwidth usage (as determined solely by TimeLog) of other TimeLog customers, we reserve the right to immediately disable your account in order to find a solution for improvement of performance. In this case, we will assist in finding a solution that does not affect other TimeLog customers.

Browsers

As default, TL supports the latest two versions of the below internet browsers:

  • Google Chrome
  • Internet Explorer
  • Microsoft Edge
  • Mozilla Firefox
  • Safari


TimeLog recommends keeping the browser and operating system updated with the newest browser versions for security reasons and for the future versions of TL, which might support newer technology than current.

To obtain the optimal usage of the software, the browser must be configured to enable JavaScript and allow cookies.

Termination of your subscription

You are solely responsible for the proper termination of your account. You may terminate your account at any time by sending an email to support@timelog.com with your name and site URL. 

Termination of this agreement should be e-mailed to TimeLog no later than one (1) month prior to a new invoicing period if you have an invoice period of three months or one year. If you have signed up for a monthly subscription, you need to terminate the contract no later than the day before the next invoice period takes effect.

There will be no refund if you terminate the subscription before the end of your current payment period. There is no termination fee. In the event of termination, your account will be disabled by the end of the paid license period and you may not be granted access to your account or any files or other content contained in your account although remaining copies of information may remain in our system.

TimeLog may terminate the agreement by three (3) months written notice at the end of an invoicing period. However, such termination cannot take effect before two years have lapsed since the commencement date.

Intellectual property rights

You acknowledge that TimeLog owns all software rights, title and interest in and to TL, including, without limitation, all intellectual property rights. Such rights are protected by Danish and international intellectual property laws. TimeLog claims no intellectual property rights over the data and material you enter into TL.

Both parties shall keep in strict confidence, and keep safe and secure, any information which is of a confidential nature, during and after cooperation. The parties acknowledge and agree that the customer materials and customer data are information of a confidential nature. This obligation continues in the event of a termination of this agreement.

Proper use

You agree that you will:

  • provide your accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of TL. You are responsible for maintaining the confidentiality of your TL password and account, and you are furthermore responsible for all activities made on the account
  • use TL in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence
  • not re-sell, duplicate, reproduce or exploit any part of TL without the express written permission of TimeLog
  • be responsible for all activity made by your users
  • not add personal information such as social security numbers, race & ethnic origin, union memberships, political views, sexual orientation, religion and other personal data, which TL does not have any input fields for

Violation of any of the foregoing may result in immediate termination of our agreement and may subject you to other legal consequences.

Privacy policy

Read our Privacy policy for further information about how we respect our customers’ privacy.

Marketing & communication

TimeLog is allowed to use data in general benchmarking reports as long as the individual customer data is not highlighted and data from minimum 100 customers is used in the reporting. This is to create further value for our customers to benchmark against e.g. other companies and industries in general when it comes to different key figures.

TimeLog may state the fact that your company is a user of the software in its marketing material and activities.

TimeLog will send relevant information about e.g. upgrades, relevant events, new releases and planned downtime to TimeLog Responsibles at your company. It is not possible to unsubscribe these emails, as the TimeLog Responsible needs to be informed about important changes and news about TimeLog. 

You add the TimeLog Responsibles under My Account in TimeLog and need to have at least one responsible in your company, and you can add as many as you want. We recommend having at least two TimeLog Responsibles.

You need to have appointed a data responsible in your company that is the only person who can contact TimeLog regarding processing your data. This can be in the event of a change of data, deletion of data or deeper insights about your employee data in your TimeLog. This person is appointed under Personal data protection in the System administration and must contact support@timelog.com with the request in writing.

Data integrity

TimeLog processes personal information only for the purposes for which it was collected and in accordance with this T&C. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services or as otherwise permitted under this T&C. We take reasonable steps to ensure that the personal information we process is accurate, complete and current, but we depend on our users to update or correct their personal information whenever necessary.

TimeLog does not warrant that:

  • TL will be bug-free or operate in combination with any other hardware, software, system or data
  • low priority bugs will be corrected

It is your own responsibility to validate that the data you use for reports and other calculations are correct.

Liability of provider

In the case of TimeLog’s failure to perform under this agreement, you must notify TimeLog of the alleged non-performance in writing and TimeLog will be entitled and obliged to remedy the non-performance without undue delay.

Force majeure

Force majeure is any set of circumstances outside a party’s reasonable control, preventing or adversely affecting the performance of that party’s duties under the agreement. For the avoidance of doubt, lack of funds must never be deemed force majeure. Break-down of TimeLog’s systems due to viruses or hackers shall be deemed force majeure, provided TimeLog had taken preventive action in accordance with normal practice in the industry.

TimeLog’s liability to pay damages in the case of any non-performance shall not encompass any indirect loss, consequential loss, business interruption, loss of business opportunities, loss or corruption of data, or loss caused by non-availability of the software. However, if the non-performance is due to TimeLog’s gross negligence, you shall be entitled to damages in accordance with Danish law. The damages cannot exceed an amount equal to your aggregate payments to TimeLog (exclusive of VAT) in the last 12 months before the non-performance. In the event that 12 months have not yet passed this limit, it shall instead be the expected aggregate fee for the first 12 calendar months of the cooperation.

TimeLog shall not be liable to pay any compensation or damages to the extent that the non-performance is due to force majeure.

TimeLog is entitled to perform the agreement wholly or partly through sub-suppliers, however, TimeLog’s obligations and liability shall not be reduced thereby.

Indemnification

The failure of TimeLog to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. The T&C constitutes the entire agreement between your company and TimeLog and governs your use of TL, superseding any prior agreements between you and TimeLog (including, but not limited to, any prior versions of the T&C).

Applicable law and disputes

This agreement shall be governed by Danish law. The parties will attempt to settle any dispute by negotiation between the parties. Any dispute shall be brought before the City Court of Copenhagen, Denmark.

If you have any questions regarding this T&C, please contact us at info@timelog.com.