Terms and Conditions
Please read these terms and Conditions before using the system.
DEFINITIONS
"We", "Our", "Us" refers to U-Technology Limited trading as "U Clock" and its subsidiaries,
employees, officers, agents, affiliates or assigned parties.
"Our web site" refers to www.u-clock.com
"You", "Your" or "the Client" refers to you as the user of the U-Clock Service
(the "Service").
"Agreement" means the Order Form and these Terms and Conditions as amended from
time to time.
"Order Form" means the order form signed by You.
"Service" may include any of the following or a combination thereof:
- A process that will facilitate Your uploading of attendance details (including images)
to either:
- The extensive Time Monitoring tool accessible on Our website; or
- Another internet site of Your choice that has been approved by Us in advance in
writing;
- Training; and
- Phone support.
The following are the standard terms and conditions ("Terms and Conditions") that
apply to Your use of the Service. Receipt of an Order Form signed by You will constitute
Your acceptance of the Terms and Conditions. Please read the Terms and Conditions
in conjunction with the Order Form, and any other document provided to You at the
time of signing the Order Form. "Terms and Conditions" means these terms and conditions
as amended from time to time.
By Signing you acknowledge that :
- You represent and warrant that You are authorized to make available the material
generated or submitted to make use of the Service and that You are acting under
authority of the proprietors of all properties concerned.
- We are not under any obligation to monitor or censor the material generated by users
of the Service that appears on Our website, however We reserve the right to do so.
- We are not responsible for the Service's content or for any errors or omissions
in any data provided by or on behalf of you.
- Systems or technological failure may impede or prevent access to all or any part
of the data.
- You are responsible for and must pay the cost of all telecommunications and Internet
access charges incurred by You when using Our website
- You are responsible for the security and integrity of Your data.
- You must use is in line with the most recent data protection legislation.
- A residential subscription to the Service provides You with the ability to monitor
staff.
- Transmission of data over the Internet can be subject to errors and delays.
- We may contact you by various means from time to time to make You aware of appropriate
products and services offered by Us, unless You notify Us that You do not wish to
be contacted. In this context, you authorise Us to contact You via email, SMS, MMS
and other electronic media for that purpose unless You request Us not to contact
You via these media.
1. THIS AGREEMENT
- You acknowledge that all the terms and conditions forming the Agreement between
us are contained within this document. No Other Terms and Conditions will Apply
to this agreement unless we have agreed them in writing.
- This Agreement is for the Hire/Purchase/ Contract Hire of U Clock Box and Software
in the course of your Business.
- If two or more people are customers in this agreement each will be liable separately
and jointly under the terms of it.
- Unless you Notify us of any defects in the Equipment within three working days after
delivery it shall be presumed that the equipment is in good working order and condition,
satisfactory to you and fit for purpose intended.
2. INITIAL TERMS OF SERVICE (CONTRACT HIRE AND RENTAL)
- The Initial Time period is specified in the time period (minimum three (3) months)
the initial start date will begin from the date on your order form.
- Following the expiry of the initial Agreement , the agreement shall continue for
further terms of the same agreement until validity terminated in accordance of the
agreement.
- To cancel the agreement at the end of the minimum period identified in the contract
at any time after that you must give one months notice in writing the other party.
Notice to cancel the agreement can end the agreement on the last day of the initial
term of agreement but not a day before.
3. PAYMENT SCHEDULE (RENTAL AND CONTRACT HIRE)
- Service Fees for the initial month of using the service will commence 7 days after
the contract start date specified on the Order form. The initial months service
fees may be billed in “advance” or in “arrears” to fall within our regular billing
cycle.
- Fees for subsequent months are payable partly in advance and arrears with the due
date being (14) days from the commencement of any subsequent calendar Month.
- Failure to pay by the due date may result in :
- Prevent Access to Admin data submitted by you via U Clock
- Charge an Administration fee of £25.00 plus any applicable VAT per month on any
overdue Accounts
- Charge Interest on any overdue amount at a rate equal to 2% per calendar month
- Demand that you pay any legal or Agency fees and costs that are occurred collecting
the overdue amount.
- You will pay all taxes, duties and other charges payable in connection with this
agreement whether applied at the date of this agreement or in the future , including
without limitation, any applicable VAT, but excluding taxes, duties, and government
charges based on our income.
4. THE SUPPLIER
- The Supplier or any dealer or other person not employed by us, who may have been
involved in introducing this agreement to us is not our agent and has no authority
to act as our agent. We are not liable for any statement or warranty made by the
supplier or any dealer or other person.
5. THE EQUIPMENT
- The Equipment Listed on the Initial Contract to this agreement, we recognise that
we are responsible in initial ensuring the equipment is suitable for your requirements
in every way.
- Ensure that the Equipment arrives in good working order.
- You are responsible in ensuring that the equipment listed is kept in good working
order , condition and repair.
- Failure to do this will result in maintenance / replacement charges at the end of
the agreement.
6. YOUR INDEMNITY
- a) You will indemnify us from and against all loses, costs and claims and demands
which we may incur arising out of this agreement other than those arising from our
own gross negligence or wilful misconduct
7. TERMINATION PAYMENT
- If you terminate the agreement as stated in clause 2c you must immediately pay the
termination payment which will be the total of all rentals and any other sums due
to us, plus all of our legal costs and cost collecting equipment.
8. RETURNING THE EQUIPMENT
- When this agreement ends or is terminated by u Clock under the clause 3c or yourselves
2 c then you must return the equipment to us in good condition ( fair wear and tear
excepted). To a place designated by us within the United Kingdom, failure to do
so will result in collection via approved agents where you will incur collection
costs or liable for sales cost of the equipment
9. GENERAL
- We may change these Terms and Conditions at any time upon 30 days prior Written
Notice you acknowledge that publishing amendments on our website constitutes written
notice to these changes
- No delay or failure to enforce any provision of the agreement will be deemed a waiver
or create a precedent or will prejudice our rights
- You must not assign the agreement without our written consent
- The Laws of England and Wales will govern the agreement
- You submit to the jurisdiction of the English Court
- If any term of the Agreement is or may become for any reason invalid or unenforceable
at law, the validity and enforceability of the remainder will not be affected
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