Welcome to the Legal page of the www.Myclockedin.com website (the “website” or “Site”), which is operated by ClockedIn Limited, a company registered in England & Wales (No. 8379053) at 10, Elizabeth Way, Uppingham, Rutland, LE15 9PQ, UK (“ClockedIn” or “we” or “us”). The terms “you” and “your” refer to the user or viewer of our website.
This website gives information about the ClockedIn system which uses a subscription service operated using http://bio.myclockedin.com
For ease of reference, this page contains the legal and contractual information relating to the website. ClockedIn can be purchased using this website – and accessed using the membership details.
Each of the sections below should be read and interpreted as a separate document.
This is a secure website dedicated to users of the CLOCKEDIN subscription service (the “Service”). To use the service you must first sign up using the Sign-up page.
The Service is being progressively developed. There will be changes made to the system from time to time which will affect the appearance of particular pages and enhance the system functionality.
Although there is a range of common requirements for employee time recording that the Service is seeking to fulfil, the range of potential requirements for employee time recording is virtually unlimited. Before signing up to the Service, Customers should satisfy themselves that the Service will meet their requirements; trial subscriptions are available so that Customers can try out the Service.
We do not warrant that the Service will be suitable for all employee time recording requirements of an individual Customer. A wide range of information is available at Myclockedin.com/FAQ and we can be contacted to discuss your specific requirements and the features of the Service; you retain the responsibility for deciding whether the Service meets your needs.
This website contains material which is owned by us or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of the website’s content without written permission is prohibited.
ClockedIn is a UK-based supplier of time and attendance software used for tracking and reporting employee working hours. The ClockedIn service (the “Service”) is provided to customers (the “Customers” or “you”) through the secure website http://bio.myclockedin.com (the “Site”).
“Customer Information” means those identification details that enable Customers to subscribe to and be billed for the Service.
“Personal Information” means data relating to Staff that is provided by Customers for their use of the Site and can be summarised as the names of Staff, the department, section or shift allocated to members of Staff and the start and finish times of the work activities of their Staff. The Service does not have the facility to record information that could be considered to be sensitive personal information.
“Staff” means the employees of our Customers and includes volunteers, agents, temporary and casual workers or any other category of worker as defined by our Customers when they use the Service.
“Uses” means the purpose for which the Personal Information on Staff is collected and processed. The Uses are limited to the recording, processing and provision to Customers of data related to the working hours of their Staff.
The limited scope of Personal Information held on Staff is disclosed above. We will give timely and appropriate notice to Customers if there is a change to the type of Personal Information collected, the Uses or the policy relating to third parties. Customers have the facility to update their Customer Information held by the Service.
The scope of the Service is defined and Customers can decide whether it meets their requirements. If there is any change to the type of Personal Information held or the Uses we will respect the Customer’s decision on whether to continue with or to discontinue the use of the Service.
We will collect only Customer Information and Personal Information required for the Uses and will not use it for any other purpose.
We will keep Personal Information only for as long as Customers subscribe to the Service or as permitted by law. Customer Information is held as permitted by law.
We will take appropriate steps to make sure that we maintain the accuracy of the Customer Information and Personal Information supplied to us.
We will provide ways for Customers to access their Customer Information and the Personal Information of their Staff, as required by law, so that they can correct inaccuracies.
We will take appropriate physical, technical and organisational measures to protect Customer Information and Personal Information from loss, misuse, unauthorised access or disclosure, alteration and destruction.
We will not share Customer Information or Personal Information with third parties without the Customer’s consent other than for the express purpose of delivering the Service requested by the Customer.
9 International Transfer
Appropriate measures will be taken to protect Customer privacy, Customer Information and Personal Information that we transfer.
We will regularly review how we are meeting these privacy promises and we will provide an independent way to resolve complaints about our privacy practices.
The website uses a technology called a “cookie”. A cookie is a small piece of information that our webserver sends to the browser file of your computer when you access the website. When you come back our site will detect whether you have one of our cookies on your computer. Our cookies help provide additional functionality to the site and are strictly necessary for the provision of the Service, which we consider to be an ‘information society service’ as defined in the Electronic Commerce (EC Directive Regulations) 2002.
Areas of this website that collect your Customer Information and Personal Information use industry standard secure socket layer encryption (SSL); however, to take advantage of this your browser must support encryption protection (found in Internet Explorer 3.0 and above).
Customer responsibilities for data protection
The Personal Information relating to your Staff is supplied to us expressly for the use of the Service. We have no control over the accuracy or completeness of the Personal Information supplied to us and we use it solely for the purpose of supplying the Service in accordance with the Principles. As the originator of the Customer Information and the Personal Information the
Customer is a vital link in the chain of data protection.
Customers have a responsibility to ensure that they:
(a) comply in all respects with the law relating to the protection of the Personal Information for the legal jurisdiction of the state, territory or country where they are located;
(b) take appropriate physical, technical and organisational measures to protect the Personal Information of their Staff from loss, misuse, unauthorised access or disclosure, alteration and destruction;
(c) provide ways for their Staff to access their Personal Information, as required by law, so that their Staff may correct inaccuracies; and
(d) provide complete and accurate Customer Information as necessary to us for Customers to be able to use the Service.
This policy was last modified on: 3rd May, 2013.
To access information, ask questions about our privacy practices, or issue a complaint contact us at:
10, Elizabeth Way
LE15 9PQ, United Kingdom
Telephone: +44(0) 845 490 390 1
Clockedin Service Agreement
The following are the terms and conditions (the “Terms and Conditions”) for use of the Clockedin software (the “Software”) and the provision of a subscription service to be used by you for tracking and reporting employee work time (referred to as the “Service”).
Clockedin Ltd is a company registered in England & Wales (No. 8379053) with offices at Unit 24 Station Approach, Oakham, Rutland. LE15 6QW. UK
The Software has been specified and developed by Clockedin to meet the requirements of UK customers. The Service is operated and provided to you by Clockedin through the website https://Myclockedin.com (the “Site”) under the terms of a licence granted to Clockedin Ltd by Fasthost, who host and maintain the Software.
By completing the Clockedin Ltd order and enrolling to use the Service you agree to be bound by these Terms and Conditions, including the payment terms, policies, practices, rules, standards and guidelines related to the Clockedin Ltd and/or the Service that are in effect from time to time (collectively, the “Agreement”). Your successful enrolment for the Service constitutes your acceptance of this Agreement and thereafter you will be allocated an account (“your Account”).
The text of this Agreement as amended from time to time is located in the ‘tab’ labelled ‘Legal’ at the bottom of the homepage on the website www.myclockedin.com
Any reference to “you” or “your” refers to the person or entity subscribing to the Service. You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Service shall be bound by and shall abide by these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party.
By accepting the Terms and Conditions, you (a) represent and warrant that you are 18-years old or older; (b) agree to provide true, accurate, current and complete information; and (c) agree to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Clockedin Ltd has the right to terminate your Account and refuse any and all current or future use of the Service.
1 Rights to use the Service
Clockedin Ltd hereby grants to you a non-exclusive licence to use the Service in the United Kingdom in accordance with the terms of this Agreement. You may not: (a) modify, translate, or create derivative works based on the Service or the Software, or permit other individuals to do so; (b) rent, lease, transfer or otherwise transfer rights to the Service or the Software; (c) use a single account for multiple business entities, unless specifically authorised by Clockedin Ltd in writing; (d) provide third parties with access to your account, except for third parties specifically authorised by Clockedin Ltd; and/or (e) reverse engineer or disassemble the Service or the Software.
2 Intellectual property
All title and copyrights, trade secrets, patents, trademarks and other intellectual property in and to the Software and the Service are owned by Clockedin Ltd. Copyright, trade secret and other laws protect the Software and the Service. All data not expressly entered into the system by you is the intellectual property of and owned by Clockedin Ltd
3 Charges and payment
3.1 The charges for the use of the Service shall be charged per month as posted on the Clockedin Ltd proposal. The Monthly Charges currently in effect that will be applied at the time of signing or electronically agreeing to these Terms and Conditions are set out in a proposal which will be sent to you upon request,
3.2 You expressly acknowledge that in addition to the Monthly Charges to use the Service, the following charges may be levied (the ”Additional Charges”).
3.2.1 A set-up fee is chargeable as set out in the proposal, this is a one-off charge on commencement of the agreement.
3.3 The amounts of Monthly Charges and Additional Charges exclude VAT, which will be added at the rate applicable at the date that Monthly Charges and Additional Charges are charged to your Account.
3.4 Clockedin Ltd reserves the right to change the Monthly Charges and/or the Additional Charges at any time, in its sole discretion, by posting notice of the same on the Clockedin Ltd Site or by updating this Agreement and any such change shall become effective at the start of the month following the announcement of the change.
3.5 Clockedin Ltd reserves the right to change its payment policies from time-to-time in its sole discretion and any and all Clockedin Ltd payment policies posted on the Clockedin Ltd Site or in this Agreement shall be incorporated into these Terms and Conditions. You agree to pay Clockedin Ltd all Monthly Charges and Additional Charges charged to your Account, in sterling, and in accordance with the payment policy in effect at the time those charges become due.
3.6 You agree and represent that all information you provide for the purpose of enrolling for the Service, will be accurate, complete, and current. You expressly authorise Clockedin Ltd to charge your credit card, charge card, or debit card for any and all applicable Monthly Charges and Additional Charges associated with your Account. If payment cannot be charged to your credit/charge/debit card for whatever reason, or if there is a charge-back for any reason, Clockedin Ltd reserves the right to either suspend or terminate your Account and your use of the Service. If you provide Clockedin Ltd with a credit card, charge card, or debit card that expires during the term of this Agreement, Clockedin Ltd reserves the right to charge any renewal card issued to you as a replacement without any additional consent from you.
3.7 In the event of any failure by you to make payment, or upon any charge-back, you shall be responsible for all reasonable expenses (including legal fees) incurred by Clockedin Ltd in collecting such amounts plus interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
3.8 All Monthly Charges and Additional Charges due and paid shall be non-refundable.
4 Representations and warranties
You represent and warrant (a) that you have sufficient authority to enter into this Agreement; (b) that you will at all times be in compliance with all applicable laws; (c) that you shall not be in violation of any obligation, contract or agreement by entering into this Agreement, by performing your obligations under this Agreement or by authorising and permitting Clockedin Ltd to offer and perform the Service; (d) that you will comply with all of the terms and conditions of this Agreement, as amended from time to time; and (e) that all information provided by you is truthful, accurate, and complete, and is not misleading in any way.
5 Contract period
This Agreement shall run for a period of one month from the date of enrolment for the Service and shall thereafter re-commence at the beginning of each subsequent month and run for a further period of one month until terminated. The Monthly Charges and Additional Charges shall be charged at the rates applicable at the start of each month.
6.1 You may terminate this Agreement at any time and for any reason by calling us on 0845 4 903 901 or email firstname.lastname@example.org and cancelling the Service. Clockedin Ltd does not refund or pro-rate any Monthly Charges or Additional Charges in the event that you cancel the Services prior to the end of a month. Once your Account has been terminated, you will no longer be able to access the information previously stored on your Account.
6.2 Clockedin Ltd’s rights to terminate are set out below:
6.2.1 Clockedin Ltd may terminate this Agreement in its sole discretion by giving fourteen days written notice to you prior to the end of the current month of its intention to terminate this Agreement.
6.2.2 In addition, notwithstanding anything contained in this Agreement to the contrary, Clockedin Ltd may in its sole discretion immediately terminate your Account at any time and discontinue your participation in the Service if Clockedin Ltd believes that your conduct may be harmful to its business. Reasons for such termination may include, but are not limited to the following: (a) failure to make payment in accordance with this Agreement; (b) if Clockedin Ltd believes that you have violated this Agreement or other policies or guidelines of Clockedin Ltd; and/or (c) if Clockedin Ltd believes your conduct may be harmful to others who participate in the Service. If Clockedin Ltd terminates under this Section 6.2.2, Clockedin Ltd termination shall be effective immediately and the notice provisions of Section 6.2.1 shall not apply.
6.2.3 All decisions made by Clockedin Ltd in this matter will be final and neither Clockedin Ltd nor its dealers nor its re-sellers shall have any liability with respect to such decisions.
6.3 Upon termination you will no longer be able to access your Account. Irrespective of which party terminates this Agreement you will be responsible for all Monthly Charges and Additional Charges incurred up to and including the date of termination and such Monthly Charges and Additional charges will be due and payable immediately. Upon any termination Clockedin Ltd reserves the right to delete any and all information in your Account at its discretion and your Account will no longer be accessible by you.
Clockedin Ltd may from time to time amend this Agreement in its sole discretion by giving not less than 14-days’ notice prior to the implementation of any changes to this Agreement. Any changes will be emailed to you and/or posted in this Agreement on the website www.myclockedin.com by Clockedin Ltd. Any use of the Service and/or the Clockedin Ltd Site after such notice shall be deemed to be continued acceptance of this Agreement including any amendments and changes. No conditions other than those set forth in this Agreement shall be binding on Clockedin Ltd unless Clockedin Ltd expressly agrees to such conditions in writing and signed by a director of Clockedin Ltd. Clockedin Ltd reserves the right to discontinue offering the Services and/or Site at any time.
8 Technical Support
Clockedin Ltd will supply technical support for the Service via email. Access to email support can be found by clicking on the ‘tab’ labelled ‘Support’ located on the top of the pages on the website www.myclockedin.com Telephone support is also available by calling 0845 4 903 901 between 09.00 and 17.00 hours from Monday to Friday excluding bank or public holidays.
9 Time clock data
9.1 The time clock data for the Service will be hosted by Fasthost on servers at a nationally-recognised enterprise-class hosting facility and the data will be backed-up on a regular basis. You are responsible for exporting your time clock data. You must determine whether the Service sufficiently meets your requirements. Clockedin Ltd does not warrant that your use of the Service will be uninterrupted or that the operation of the Service will be error-free or secure.
9.2 Your data consists of the time information input into the Clockedin Ltd interface by you. Clockedin Ltd shall not use your data except directly in furtherance of the purposes of this Agreement.
10 Disclaimer of warranties
You expressly agree that your use of the site and/or service is at your own risk. The Clockedin Ltd Site and/or the Service are available on an ‘as is’ basis without warranty of any kind, express or implied, including but not limited to implied warranties of performance, merchantability or fitness for a particular purpose and Clockedin Ltd disclaims any warranty regarding the availability, accuracy or content of the Clockedin Ltd Site and the Service, or any economic benefit that you may gain from the use of the Clockedin Ltd Site and/or the Service.
11 Limitation of liability
11.1 Except in respect of personal injury or death caused by Clockedin Ltd’s negligence, Clockedin Ltd shall not be liable to you for any consequential loss, compensation, cost, expense, damage or other claims (whether for loss of profit or otherwise) whatsoever (whether caused by the negligence of Clockedin Ltd, its employees or agents or otherwise) arising out of or in connection with this Agreement or the supply of the Service.
11.2 Clockedin Ltd’s total cumulative liability to you in respect of this Agreement in contract, tort (including negligence or breach of statutory duty) shall not exceed an amount equal to all amounts actually paid by you to Clockedin Ltd during the one-month period immediately preceding any such liability. You acknowledge that these limitations are reasonable, that they are an essential element hereof and that in the absence of such limitations Clockedin Ltd would not enter into this Agreement.
12 No assignment or resale
You may not re-sell, assign, or transfer any of your rights under this Agreement, and if you attempt to re-sell, assign, or transfer your rights, Clockedin Ltd may immediately terminate this Agreement without liability to Clockedin Ltd.
13.1 Law and jurisdiction
This Agreement shall be construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any disputes which may arise in connection with this Agreement.
13.2 Entire Agreement.
This Agreement constitutes the entire agreement between you and Clockedin Ltd and replaces all previous communications, representations, understandings, and agreements, whether verbal or written between you and Clockedin Ltd. No representations or statements of any kind made by you or us which are not expressly stated in this Agreement shall be binding on you or us.
13.3 Circumstances beyond our reasonable control
Clockedin Ltd will make every effort to perform its obligations under this Agreement. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
13.4 Invalid clauses
The invalidity or unenforceability of any provision of this Agreement shall not adversely affect the validity or enforceability of the remaining provisions.
The titles and headings of the various sections in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of this Agreement.
The terms of Sections 2, 3, 4, 6.3, 9, 10, 11, 12 and 13 shall survive the termination of this Agreement.
Last amendment date: 19th January 2016