Last updated: 16/12/2020
ClockRite Cloud is a SaaS (software as a service) product designed to provide a Time & Attendance management solution for organisations and employers (Client Organisations). It is supplied in the United Kingdom and Republic of Ireland by Motor Industry Management Systems Ltd, a company with the registered address of Dunston Innovation Centre, Chesterfield, S41 8NG, UK, (the Company), trading as “ClockRite”.
The ClockRite Cloud web application, ClockRite Hub iPad companion application, and ClockRite T&A iOS/Android mobile companion application (collectively the Service) are developed and maintained by GetHired, Inc., a Delaware corporation (“GetHired”), having its principal place of business at 540 University Avenue, Palo Alto, CA 94301, USA
Use of the Service by both Client Organisations and their employees, workers, or any other authorised persons (Individual Users) is subject to the Terms & Conditions and Privacy Policy of GetHired, Inc., in addition to the terms detailed below.
The Company reserves the right to change these Terms of Service at any time and without notice. It is the responsibility of Client Organisations and Individual Users to check this page from time to time to ensure that they are happy with any such changes.
For Client Organisations
The Service
The Service is supplied as is. It is the sole responsibility of the Client Organisation to ensure that the Service as advertised will fulfill all relevant requirements. Failure to do so is not grounds for refund or return except at the Company’s sole discretion.
Development of additional features at the request of the Client Organisation may be undertaken at the sole discretion of the Company and at the Client Organisation’s expense.
Aspects of the Service rely on third party services in order to function and/or generate accurate data. Such third party services may include but are not limited to; internet and mobile service providers, web browsers, and mobile operating systems. The Company is not responsible for any issues arising from such third party services, including but not limited to; network outages, software conflicts, and software/operating system updates.
Support for the Service is limited to the ClockRite Cloud web application, iPad companion application, iOS/Android companion mobile applications, and any related clocking hardware supplied by the Company with the advertised purpose of connecting to or integrating with the Service. Support does not extend to issues and configuration of the Client Organisation’s network, browser or device(s), or those of authorised Individual Users. Further, the Company will not provide support for any issues concerning third party services and/or suppliers (such as internet or mobile service providers), or for any issues that do not pertain directly to the Service.
It is the responsibility of the Client Organisation to provide login/administration credentials to designated Individual Users. The Client Organisation and their designated administrators are responsible for the security of all accounts, passwords, and any information they enter into the Service. Should the Client Organisation choose to grant Individual Users access to the Service via the ClockRite Cloud web application and/or ClockRite T&A mobile companion application, then the Client Organisation is responsible for Individual User signup and subsequent use of the Service, including the security of accounts and associated data. It is the responsibility of the Client Organisation to notify the Company of a compromised account or similar security breach involving the Service.
Data
Although the Service is intended to provide accurate time and attendance data for Client Organisations, the Company makes no claim to the absolute accuracy of results derived from the Service. Verification, interpretation, and use of data derived from the Service is the responsibility of the Client Organisation. The Company will not be liable for any costs incurred as a result of inaccuracies or errors in data entered into or generated by the Service. All time and attendance data is managed and deleted by the Client Organisation, and the Company offers no warranty with respect to the time and attendance data entered into, generated, or collected by the Service. The Company takes no responsibility for inaccuracies or errors in data resulting from employee misuse of any part of the Service.
Similarly, all Individual User data is entered, managed, and deleted by the Client Organisation. The Company offers no warranty with respect to the Individual User data entered into or collected by the Service.
Certain features (such as accurate reporting of clocking locations) rely on specific configuration of Client Organisation and/or Individual User devices. It is the sole responsibility of the Client Organisation to ensure that such devices are configured correctly. The Company is not responsible for any such configuration.
On termination of the Client Organisation account all data will be marked for deletion and thereafter may be deleted permanently from the Service without guarantee of recovery.
The Service is “cloud based”, and is hosted “in the cloud” in partnership with Amazon Web Services (AWS). AWS provides an extremely robust set of security protocols in relation to their data centres and all data hosted therein. The Service undergoes rigorous independent security audits on an annual basis.
While all reasonable precautions are taken to ensure the security and integrity of data, the Company cannot ensure absolute security. In case of a breach or loss of data, affected parties will be notified in accordance with applicable legislation.
Applicable Laws
Compliance with applicable laws should be borne in mind at all stages of implementing a time and attendance system. It is the sole responsibility of the Client Organisation to ensure compliance with all applicable laws. The Company is under no obligation to inform prospective or current Client Organisations of these laws, nor to provide compliance advice in any capacity.
It is the sole responsibility of the Client Organisation to understand how applicable data protection laws pertain to the rights of Individual Users, and the lawful basis for processing such information under applicable legislation.
To this end, Client Organisations should conduct their own assessment of the Individual User data they intend to enter, store, and process within the Service, and their legal basis for doing so.
Sign-up, Subscription & Billing
On signing up to the Service, Client Organisations agree to pay certain costs associated with the setup, configuration, and provision of the Service as discussed and agreed upon at the point of order (Implementation Costs). Implementation Costs are billed prior to the commencement of service, and access to the Service is contingent on full payment of all such Implementation Costs. Neither Client Organisations or their authorised Individual Users will be able to access the Service before such payment has been made.
In all cases, Implementation Costs for the following will apply. These Implementation Costs are non-refundable after the ‘work-start’ date, except at the sole discretion of the Company:
- Setup & Implementation of the Service according to the structure, policies, and working patterns of the Client Organisation
- Usage Costs for the period between a pre-agreed ‘work-start’ date (the date on which the Company begins the configuration of the System) and the end of the calendar month in which the ‘work-start’ date falls (the Initial Billing Period). Usage Costs are based on the projected maximum number of active Individual Users during the Initial Billing Period. Should the actual number of active Individual Users exceed the projected maximum during the Initial Billing Period, additional charges will apply.
Depending on the requirements of the Client Organisation, Implementation Costs for the following goods and/or services may apply:
- Clocking Hardware, such as dedicated clocking terminal(s), iPad(s), and related accessories. Such costs are non-refundable except under the terms outlined in Dedicated Hardware Refund & Returns below.
- Onsite Installation of Clocking Hardware by the Company’s engineers. Such charges are non-refundable once an appointment has been made.
- Training for administration and use of the Service (either remote or on-site). Such charges are non-refundable once delivered (if remote), or once an appointment has been made (if on-site).
On conclusion of the Initial Billing Period, the Service operates on a subscription basis. Usage during a given calendar month will be billed at the start of the following month. Use of the Service for any part of a calendar month will constitute the whole month for billing purposes. Continued access to and use of the Service for both Client Organisations and Individual Users after the Initial Billing Period is contingent on the Client Organisation maintaining an active subscription and an account in good standing.
Subscriptions are supplied with a certain maximum number of active Individual Users. Should the Client Organisation exceed this maximum, additional charges will apply. Individual Users who are active within the Service for any part of a calendar month will be deemed active for the whole month for billing purposes. Such charges will generally be added as an adjustment to the subsequent month’s bill.
Client Organisations may terminate their subscription by notifying the Company in writing with a minimum of 30 days notice. Should the Client Organisation cancel the subscription, or should the account fall into arrears for a period longer than 30 days, all associated data will be marked for deletion 30 days from deactivation and may be permanently deleted from the system without guarantee of recovery.
System Implementation and Billing Example
| Date | Event | Notes |
|---|---|---|
| Sign-up Phase | ||
| 7th August | Contract and sign-up | A pro-forma invoice based on agreed requirements is supplied. An approximate work-start date (eg 11th August) will be provided. |
| 8th August | Initial Billing Period Example: Pro-Rata Payment for the 11th August – 31st August | Client makes payment for Implementation Costs. Payment includes the cost of projected usage for the period between the work start date and the end of the same calendar month |
| Configuration Phase | ||
| 11th August | Comprehensive system specification based on client requirements | We will contact you to define your exact requirements for the system |
| 12th August | Configuring your system | We will configure your system based on the above requirements. Where necessary we will issue an Acceptance Testing date |
| Implementation Phase | ||
| 12th August | Acceptance Testing | You will be given a login and can test the system configuration. A System Training date will be arranged |
| 14 August | System Training | We will provide training on the day-to-day use of the system |
| 16th August | Deployment Date | Client begins full use of the Service |
| Live Phase | ||
| 1st – 5th of October | Subscription Fee | The Client is billed for usage during the month of September. Any adjustments for additional usage during the Initial Billing Period would be applied here. |
| 1st – 5th November | Subscription Fee | Client is billed for usage during the month of October |
| 1st – 5th December | Subscription Fee | Client is billed for usage during the month of November |
Support
All support for the Service is conducted by telephone, email, and remote internet connection, and pertains to the Service only. The Company will not provide support for the Client Organisation’s IT network or systems. On-site support is by appointment only and is chargeable to the Client Organisation.
Clocking Hardware & Accessories
(Dedicated Clocking Hardware) is defined as clocking hardware supplied by the Company with the advertised purpose of connecting to the Service, including bells or sirens and excluding clocking fobs, badges, admin cards, and other such accessories, whether lost, damaged, or faulty, except at the Company’s sole discretion.
Dedicated Clocking Hardware is covered by a hardware warranty & support agreement for a period of 12 months from the date of delivery or the date of installation by one of the Company’s engineers . The warranty & support agreement can optionally be renewed after the first 12 months, and for each 12-month period thereafter at a cost to the Client Organisation. Renewal of the warranty & support agreement will grant hardware warranty for 12 months from the date of full payment. Client Organisations will be invited to renew by way of a pro-forma invoice prior to the expiry of the existing warranty & support agreement. Dedicated Clocking Hardware covered by a warranty & support agreement are subject to the warranty terms set out below. Third party clocking hardware is not supported except at the Company’s sole discretion.
Dedicated Clocking Hardware Warranty
The Company warrants that Dedicated Clocking Hardware will perform in accordance with its specification for 12 months from date of first delivery.
This warranty covers normal day-to-day use of the Dedicated Clocking Hardware, including any bells or sirens supplied by the Company. It does not extend to clocking fobs, badges, admin cards, and other such system accessories, whether lost, damaged, or faulty, except at the Company’s sole discretion.
Faulty Dedicated Clocking Hardware must be returned to the Company at the Client Organisation’s expense for diagnosis, repair, or replacement at the sole discretion of the Company. If the Client Organisation is located outside the UK Mainland delivery area, the cost of delivering repaired/replacement hardware will also be borne by the Client Organisation. Damage caused by fire, flood, vandal/malicious action, and faults or failures deemed to have occurred while the Dedicated Clocking Hardware was not under an annual support agreement are not covered and will only be rectified at the Client Organisation’s request and expense. The warranty is non-transferable between Client Organisations, companies, or entities, except at the Company’s sole discretion.
Dedicated Hardware Refund & Returns
Dedicated Clocking Hardware is supplied with a 30-day money back guarantee subject to the following conditions:
- Notification of request to return the Dedicated Clocking Hardware must be given by the Client Organisation to the Company within 14 calendar days of the date of delivery or the date of installation by one of the Company’s engineers, inclusive of the day on which delivery or installation occurs.
- The Dedicated Clocking Hardware and all associated items must then be returned at the Client Organisation’s expense to the Company within 30 calendar days of the date of delivery or the date of installation by one of the Company’s engineers, inclusive of the day on which delivery or installation occurs. The Company bears no responsibility and will make no allowances for delays or damage incurred while items are in transit.
- The Dedicated Clocking Hardware and all associated items must be returned ‘as new’, without damage, in the original packaging; with any screws, mounting brackets, and power adapters included.
- A refund may be granted subject to inspection of the Dedicated Clocking Hardware and associated items and at the sole discretion of the Company. Shipping costs are not refundable except in cases where the Company, at its sole discretion, identifies a fault or defect in supplied Dedicated Clocking Hardware.
Installation charges are not refundable should the Customer cancel a pre-booked installation or decide to return the Dedicated Clocking Hardware within 30 calendar days of the date of installation, inclusive of that date.
For Individual Users
Service
The Service is restricted to authorised Individual Users of Client Organisations with an active subscription to the Service and an account in good standing.
It is the responsibility of the Client Organisation to determine who within the organisation should have access to the Service, and to set up and administer access for those individuals accordingly.
It is the responsibility of the Individual User to be aware of Client Organisation policies regarding clocking and timekeeping, and to use the Service as directed by their respective Client Organisation. Certain features (such as accurate reporting of clocking locations) rely on specific configuration of devices such as mobile phones. It is the responsibility of the Client Organisation to ensure that such devices are configured correctly, or to advise Individual Users accordingly. The Company is not responsible for any such configuration.
Data
Individual Users should contact their respective Client Organisation in the first instance for any queries relating to the data entered into, processed, or generated by the Service.
The Company offers no warranty with respect to integrity or accuracy of data entered into, processed, or generated by the Service (clocking time / clocking status / clocking location, etc). The Company shall not be responsible for any loss of earnings relating to data entered into, processed, or generated by the Service.
All data is used solely within the context of the Service and will not be subject to any other processing activities.
Limit of Liability
The Company and the Client Organisation agree to indemnify each other against any liability arising in respect of injury (including death) to any person, loss or damage to any property which results from the act, default or negligence of itself, its employees, agents or subcontractors. In no event shall the Company’s liability under the agreement exceed the price paid by the Client Organisation to the Company for the equipment connected with any claim.
The Company accepts no responsibility for any increase in operational costs, loss of revenue, or similar expenses resulting from issues or failures of the Service, its software, hardware, or related accessories.
Entire Agreement
The parties agree that these terms and conditions represent the entire agreement between the parties relating to the sale, use, and support of the Service.