In these Terms
"Administrator", "Admin", "Owner"" means the person that has access to and use of the Profile created at registration of the Licensee which Profile will be linked to that Licensee and able to authorise access by Operators and set limits on the rights of Operators (to the extent this is permitted in the Software);
"Commencement Date" means the date on which the Licensee agrees to these terms.
"Data" means any data entered by the Licensee into the Software
"Documentation" means all instruction manuals, user guides and other information relating to the Software made available with the Software or through the Website.
"End User" means an Operator or an Administrator.
"Fees" means the amounts payable by the Licensee for the right to use the Software, as published from time to time by EzeTime in the Fees Schedule.
"Intellectual Property Rights" means all patents, licences, trade marks, service marks, trade names, inventions, trade secrets, copyright, moral rights, design rights, know-how, confidential information and any other intellectual property rights whether registered or unregistered and the right to register the same.
"Licence" means the licence granted under clause 3.1
"Operator" means any person who has access to and use of a Profile that is linked to the Licensee and that is added by the Administrator.
"Password" means a unique password which if the Licensee is a Trial User is provided by EzeTime or is selected by Licensee’s Administrator and / or Operator and used to access the Software.
"Profile" means the identity given to a user of the Software which identity is linked to a Licensee and also linked to the rights that identity has in relation to use of the Software and access to the relevant Licensee’s Data.
"Register" shall mean register as a Trial User or a Subscriber, registering and registration shall have equivalent meanings.
"Software" means the EzeTime Software, which is an Employee Management System.
"Subscriber" means an individual company or partnership who has completed EzeTime's registration process and is using or intends to use the Software in its day to day business whether that user is a paying user or a trial user.
"Website" means www.Eze-Time.com.
2.1. The Software will be hosted on EzeTime's servers and will be accessible through the Website by registering to become a Licensee.
2.2. Notwithstanding any other clause in this Agreement where the Licensee is a Subscriber they acknowledge that:
a) to keep the Passwords secure and confidential and not reveal it to any persons not authorised by it;
b) it is entirely responsible for any and all activities that occur under or through the use of their Passwords; and
c) to notify EzeTime immediately if it believes the Password is no longer secret so that EzeTime can cease relying on their Password.
2.3. The Licensee will not:
a) use the Software for any purpose that is unlawful;:
b) do any act or thing that will or is reasonably likely to interfere with the Software or any other users use of the Software;:
c) do any act or thing that will or is reasonably likely to result in the transmission or upload of harmful or deleterious software (including, without limitation, viruses, trojan horses, worms or time bombs);:
d) attempt to gain unauthorised access to the Software, other users information or computer systems or networks connected to the Software or;:
e) transmit or upload any materials that are in breach of any intellectual property laws, rights of privacy or any other third party rights;:
f) register accounts for company/business names which they do not have express permission to represent and acknowledge that if they do so, either knowingly or unknowingly, that their account will be immediately removed by Eze-Time;:
2.4. EzeTime may amend these Terms from time to time. By continuing to login and use the Software the Licensee will be deemed to have agreed to the new terms.
5.1. The Licensee acknowledges that: a) the Licensee is solely responsible for acquiring, servicing, maintaining and updating all equipment, computers, software and communication services that allow a user to access and use the Software; b) the operation and availability of the software and systems used for accessing the Software, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Software; and c) EzeTime is not in any way responsible for any interference with or prevention of the Licensee’s access and/or use of the Software.
5.1. The Licensee acknowledges that the Intellectual Property Rights in the Software, the Website and any documentation relating to the Software remain the property of EzeTime (or its licensors).
5.2. EzeTime acknowledges that the Intellectual Property Rights in the Data remain the property of the Licensee. Licensee agrees to maintain copies of all Data entered into the Software and EzeTime will not be liable for any loss cost or expense suffered by the Licensee or any other party as a result of the Data being lost.
5.3. All information relating to the Software and the Documentation will be treated by the Licensee as confidential unless it is in the public domain otherwise than by a breach of these Terms.
6.1 EzeTime wishes to ensure that all licensees are able to access the EzeTime Software and Services. For this reason, and to ensure EzeTime is able to continue to provide high quality Software and Services, this Fair Use Policy applies.
6.2 If your usage materially exceeds normal usage patterns over any month, or is inconsistent with normal usage patterns by EzeTime licensees, then your usage will be excessive and/or unreasonable.
6.3 If your usage of the Software and/or Services is excessive and/or unreasonable we may contact you to advise you that your usage is in breach of our Fair Use Policy. We may then request that you stop or alter your usage to come within our Fair Use Policy. If the excessive usage continues after this request, we may, without notice, suspend, modify or restrict your use of the software.
7.1 Users must not violate, or encourage the violation of, the legal rights of others (for example, this may include allowing Customer End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act)
7.2 EzeTime is not responsible for the backing up of any uploaded files to the website and is responsible for any loss or cost associated with the loss of any files.
7.3 EzeTime may remove with warning any files which breach any terms and conditions of this website
8.1 Unless indicated all prices exclude goods and services tax (gst). GST is payable irrespective of the end users country of operation.
8.2 Unless upgrading, your current subscription will extend by the user selected period.
8.3 If upgrading, plan length must be the same or longer than current plan.
8.4 Payment will be pro-rated if upgrading your plan and your selected period will begin immediately on processing of payment.
8.5 All pro-rated amounts are calculated using 30 day months.
8.6 Refunds will not be granted if an account is terminated part way through a billing period.
8.7 EzeTime reserves the right to periodically review fees and adjust accordingly.
8.8 EzeTime is not responsible for any loss caused by account suspension due to unpaid account fees.
9.1 EzeTime does not gaurantee support of its software and instead provides a community driven support system.
9.2 Where support is requested, EzeTime will endeavour to provide assistance in as timely manner as possible, but this will be limited to communication via the community noticeboard only.
9.3 Support requested via any website contact forms other than the official community support form will not be responded to.