Last updated: 23.05.2018
Terms of Service
Please read these Terms carefully before you use 24onoff, since by using 24onoff you agree to these Terms, which is a legal agreement. If you use 24onoff as a representative of an organisation, you agree to these Terms on behalf of that organisation.
You can contact us by telephone (+47 954 56 740) or email (firstname.lastname@example.org).
We may contact you by telephone or any other contact details you have registered in your account with us.
“You” or your” means the person or organisation that is registered with us to use the 24onoff.
“We”, “our” or “us” means 24onoff AS, a company registered in Norway with company number 911 801 663 and registered address at Industriveien 5, 7072 Heimdal, Norway, our employees, directors, officers, affiliates and subsidiaries.
“24onoff” means our Website and Services collectively.
“API“ means our application programming Interfaces.
“Services” means our Website, APIs, applications, our content and various third party services that make up 24onoff, as the context requires.
“Website” means our website www.24onoff.co.uk and other websites that we may operate in the future including all subdomains and sites associated with those domains.
Section 14 (Data Processing) contains further definitions that are only used in that section of the Terms.
We grant you a non-exclusive, non-transferable licence to use 24onoff, subject to you complying with these Terms.
3. Your obligations
To use 24onoff, you must (a) agree to these Terms (b) be at least 18 years old and human (c) complete our registration process and provide accurate information as requested (d) do so in compliance with all applicable laws, rules and regulations.
You may not without our written permission (a) attempt to duplicate, modify, disclose or distribute any part of our Services (b) attempt to reverse compile, disassemble, reverse engineer our Services (c) assign or otherwise dispose of your rights or obligations under these Terms or (e) attempt to obtain, or assist others in obtaining, access to the Services, other than as provided under these Terms.
You shall not store, distribute or transmit any material through 24onoff that is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities
You are responsible for all content you provide and activities on your 24onoff account.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website.
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
4. Intellectual Property
You acknowledge and agree that we own all intellectual property rights in 24onoff and the Services.
We acknowledge and agree that you own the intellectual property rights in the information that you provide us with.
You grant us a royalty free, worldwide, transferable, sub-licensable, irrevocable and perpetual licence to use any feedback, recommendations or other suggestions that we receive from you.
You are responsible and liable for keeping your username and password confidential and take reasonable steps to ensure that nobody accesses the Services using account(s) created with your username and password. You agree to notify us immediately if you if you suspect any unauthorised use of your account(s). We are not liable for any loss or damage due to stolen passwords or hacked accounts.
6. Plans and payments
We offer new registered users a restricted 14-day free trial of our Services without the requirement to provide any credit card or other payment details.
After the 14-day trial you are required to pay to use our Services and to provide us with your valid credit card details. Our third party payment processor, Stripe, has its own terms and conditions which have to be followed when using its services.
The Services are billed in advance on a monthly or annual basis (depending on your plan) and is non-refundable. There will be no refunds or credits for partial use of our Services, for account upgrades or downgrades, or for unused periods of an account. In order to treat everyone equally, no exceptions will be made. Fees are non-refundable except as required by law or as set out in these Terms.
You must pay all applicable fees when due and you authorise us to charge such fees using your selected payment method. Your account is set to auto-renew and we may automatically charge you for such renewal on or after the renewal date associated with your account unless you have cancelled our Services prior to its renewal date.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
For any upgrade or downgrade of your plan, we will automatically charge your credit card the new rate on your next billing cycle.
Downgrading your plan may cause the loss of content, features, or capacity of your account and we do not accept any liability for such loss.
We may modify or remove part of the Service at any time. We may change our prices by giving you 10 days notice. Such notice may be provided by contacting you by any medium or updating our Website. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of our Service.
7. Cancellation, termination and suspension
If you change your mind and want to cancel our agreement you may only do so before you start using our Services. Thereafter, you may terminate our agreement and our Services at anytime in accordance with these Terms. You may only cancel or terminate your account and the use of our Services by emailing our customer service at email@example.com.
We may at any time, at our absolute discretion and without notice, refuse to provide our Services to anyone or terminate or suspend your account and our Services.
If your account is cancelled or terminated it can be accessed for the duration of the accounts current billing period. At the end of the billing period your account will immediately be deactivated and your account and data cannot be recovered. We may, at our sole discretion, retain or delete your data.
We are not liable for any loss or damage following, or as a result of, deactivation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before deactivation.
8. Your content
Your use of the Service will involve you uploading or inputting various content into the Service; including but not limited to: time entries, invoices, deviation images, tasks, attachments, project names, worker names and conversations.
We may view such content only as necessary (a) to maintain, provide and improve the Service (b) to resolve a support request from you (c) if we have a good faith belief, or have received a complaint alleging, that such content is in violation of these Terms (d) as reasonably necessary to allow us to comply with or avoid the violation of any applicable law, rules or regulation.
In order to better understand the manner in which our Service is being used, we may analyse (i) the content in aggregate and on an anonymised basis, and (ii) the use of our Services using third party analytics tools (including but not limited to Google Tag Manager, Google Analytics, Mixpanel, Kissmetrics and hotjar).
You may use the 24onoff API to connect to and access your 24onoff account data. Any user of the API is bound by these Terms.
It is your responsibility to use the API correctly and we are not be liable for any direct, indirect, incidental, special, consequential damages, including but not limited to damages for loss of profits, goodwill, use, data, or other losses resulting from your use of the API or third-party products that access your account data via the API.
We may at any time with our without notice change, suspend or terminate your access to the API if we deem it necessary.
Subject to our obligations, you will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and all costs arising out of or in connection with your misuse of the Services, provided that (a) you are given prompt notice of any such claim (b) we provide reasonable co-operation to you in the defence and settlement of such claim, at your expense, and (c) you are given sole authority to defend or settle the claim.
We will use our reasonable endeavours to ensure that your data is maintained securely and is properly backed-up. In the event of any loss or damage to your data, your sole and exclusive remedy shall be that we use our reasonable endeavours to restore the lost or damaged data from the latest back up of such data. We shall not be responsible for any loss, destruction, alteration or disclosure of data caused by any third party.
We will use our best endeavours to ensure that the Services are provided continuously and that access to our Website is not interrupted by any event within our control. We endeavour to notify you in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal office hours.
We undertake no obligation to respond to queries but endeavour to do so within a reasonable time.
Except as expressly and specifically provided in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes our liability (i) for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or (ii) for fraud or fraudulent misrepresentation.
We are not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising and our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of under these Terms shall be limited to the price you paid for the Services during the previous month preceding the date on which the claim arose. You acknowledge that this limitation is reasonable.
You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.
13. General provisions
We may make changes to these Terms, but will notify you in advance through one of our mediums. Any changes shall be effective when the Terms are updated on our Website and your continued use of 24onoff.
If any provision (or part of a provision) of these Terms are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms.
This contract is between you and us and no other person shall have any rights to enforce any of the Terms.
These Terms constitute the entire agreement and understanding between you and us and supersede any previous terms between us relating to your use of the Services.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a wavier of such right or provision.
These Terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.
14. Data Processing
In this section of the Terms:
“controller”, “processor”, “data subject”, “personal data”, “processing” (and “process”) and “special categories of personal data” have the meanings given in Applicable Data Protection Law;
“Applicable Data Protection Law” means the EU General Data Protection Regulation (Regulation 2016/679).
Our relationship: you appoint us as a processor to process the personal data described in these Terms or on our Website (the “Data“) and for the purposes described including, to provide you with, and update and improve, our Services (the “Permitted Purpose“). We must both comply with the obligations that apply to each of us under Applicable Data Protection Law.
Prohibited data: Unless you have specifically asked us and we have agreed that you may, you must not disclose (and must not permit any data subject to disclose) any special categories of personal data to us for processing.
International transfers: we must not transfer the Data outside of the European Economic Area (“EEA“) unless we have taken the necessary measures to ensure the transfer complies with Applicable Data Protection Law. Those measures may include transferring the Data to a recipient in a country that the European Commission has decided provides adequate protection for personal data (e.g., New Zealand), to a recipient in the United States that has certified its compliance with the EU-US Privacy Shield, or to a recipient that has executed standard contractual clauses adopted or approved by the European Commission.
Confidentiality of processing: we must ensure that any person we authorise to process the Data (an “Authorised Person“) must protect the Data in accordance with the confidentiality obligations we owe you.
Security: we will implement technical and organisational measures to protect the Data (i) from accidental or unlawful destruction, and (ii) loss, alteration, unauthorised disclosure of, or access to the Data (a “Security Incident“).
Subcontracting: you consent to us engaging third party sub-processors to process the Data for the Permitted Purpose provided that: (i) we impose data protection terms on any sub-processor we appoint that require it to protect the Data to the standard required by Applicable Data Protection Law; and (ii) we remain liable for acts and omissions of our sub-processor.
Cooperation and data subjects’ rights: we must provide reasonable and timely assistance to you (but at your expense) to enable you to respond to: (i) any request from a data subject to exercise any of its rights under Applicable Data Protection Law; and (ii) any other communication, question or complaint received from a data subject, regulator or other third party that is connected with the processing of the Data. If we receive any communication, question or complaint directly we will promptly inform you and provide full details.
Security incidents: If we become aware of a confirmed Security Incident, we must inform you without undue delay and provide you with reasonable information and cooperate with you so that you can comply with any data breach reporting obligations you have under Applicable Data Protection Law. We must also take reasonably necessary measures and actions to remedy or mitigate the effects of the Security Incident and keep you informed of all material developments in connection with the Security Incident.
Deletion or return of Data: When you finish using our Services, we will, on your specific request, delete or return the Data in our possession or under our control (we will decide in what way we do this but will always act reasonably). This does not apply where we are required by applicable law to retain some or all of the Data, or to Data we have archived on back-up systems, and in that situation we will securely isolate and protect that Data from further processing.