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PARTIES / ACCEPTANCE OF
TERMS
These Terms of Service are an agreement between Program Works, the
owner and operator of the Work Schedule DOT NET web service, and your company.
The rules herein apply to all usage of the Work Schedule DOT NET service,
regardless of which domain name was used to access the service. Current domain
names include "workschedule.net", and "programworks.com".
By using the
Service or any portion of the Service, you are automatically agreeing to these
Terms of Service, which can be changed by Program Works at any time. If the
Terms of Service change at any time to your disliking, you may cancel your
service by emailing customerservice@workschedule.net,
in accordance with the CANCELLATION section of
these Terms of Service.
However if you continue to use the Service, you are automatically agreeing to
any and all changes in these Terms Of Service.
DESCRIPTION OF
SERVICE
Program Works provides businesses with web software that allows
managers to create, and maintain their employee work schedules online, and
provides employees with access to that information both through the web, through
email, and through an automated telephone service called the "Schedule HOTLINE."
The Service also allows managers and Employees to communicate with each other in
various ways using a variety of
features.
DEFINITIONS
Employee: One actual person who is
using the Service to access his or her schedule. This includes any and all
managers. If a person is not technically an "employee", that person may still be
considered an Employee for the purpose of these Terms of Service and by this
definition of an Employee.
You: You, the customer
The Service:
The Work Schedule DOT NET Service as described in DESCRIPTION OF
SERVICE
Schedule Consulting: Time spent by a Work Schedule DOT
NET representative assisting the customer with figuring out their particular
employee schedule, beyond the operation of the Service.
Technical
Support: Time spent by a Work Schedule DOT NET representative to assist
the customer strictly with the operation of the Work Schedule DOT NET
system.
Schedule HOTLINE: The optional automated telephone service which
provides employees with their schedules at our current toll free
number.
Telephone Charges: The cost for ANYONE using the Schedule
HOTLINE with your company ID. Your company is responsible for usage of all user
IDs and passwords under your company's account. (see ACCOUNTS AND PASSWORDS)
Telephone Charge Rate: The current cost per minute for
using the Schedule HOTLINE by dialing the toll free number. This charge is
incurred to cover our long distance cost only.
Toll Free: This means
toll free to the individual calling the number, not necessarily to your
company.
Maximum Number of Employees: This is the maximum number of
Employees you can have accessing their schedules. You are billed according to
this number.
Actual Number of Employees: This is the actual number of
Employees that have access to their schedules. You are not billed by this
number, unless it exceeds your Maximum Number of Employees.
To sign up for
the Service: This means to actually initiate a customer account by
purchasing and giving billing information. This does not refer to signing up for
the free 30 day trial.
Billing Day: This is day of the month that you
are normally billed on.
Billing Period: The length of time of the
contract.
FREE 30 DAY TRIAL
Program Works offers a limited
thirty-day free trial. The thirty-day free trial is covered by these Terms of
Service. As a potential customer your business may use a limited version of the
Service for thirty days, free of charge, with limitations as described below.
You may have a maximum of 75 employees using the system. If you do not sign up for the Service within thirty days
after accepting the free thirty-day trial, your access will be immediately
terminated and you will not be billed. Program Works is not responsible for
contacting you to let you know your thirty-day free trial is over. If your company
has already had a free trial in the past with the Work Schedule DOT NET service,
you are ineligible for another free trial. CONTRACT TERMS AND RENEWALS
Program Works currently
offers three standard contract terms: 1 month, 6 month, and 12 month. In all
cases, you must pay in advance for the full amount of the entire term. If the
term is monthly, then at the end of each billing
period, the
contract will automatically renew, and you will be billed according to your
billing method for another month. If the contract is a
6 month or 12 month term, the contract will
automatically renew, and you will be invoiced via
email for another subscription of the same
length. However, in the case of 6 month and 12
month contracts, you will be allowed 30 day grace
period to cancel the new contract, provided that you
have not actually used the Service in the new contract
term.
CURRENT PRICES
By signing up for the Service, you agree
to pay Program Works the current prices for service as follows:
1 Month
Term: There is a minimum cost of $25.00 for the one month term, which covers a
Maximum Number of Employees (see "Definitions") of 25. If you wish for your
Maximum Number of Employees to be above 25, the cost is an additional $1.00 per
Employee for the one month term up to 75 Employees. From 75 to 150
Employees, there is no extra charge per employee above
the first 75. After the first 150 Employees,
each additional Employee costs $0.30 for the one month
term.
6 Month Term: There is a minimum cost of
$135.00 for the six month term, which covers a Maximum Number of Employees (see
"Definitions") of 25. If you wish for your Maximum Number of Employees to be
above 25, the cost is an additional $5.40 per Employee, covering the full six
month term, up to 75 Employees. From 75 to 150 Employees, there is no
extra charge per employee above the first 75.
After the first 150 Employees, each additional
Employee costs $1.50 for the six month term.
12 Month Term: There is a minimum cost of $225.00 for the
twelve month term, which covers a Maximum Number of Employees (see
"Definitions") of 25. If you wish for your Maximum Number of Employees to be
above 25, the cost is an additional $9.00 per Employee, covering the full twelve
month term, up to 75 Employees. From 75 to 150 Employees, there is no
extra charge per employee above the first 75.
After the first 150 Employees, each additional
Employee costs $2.80 for the twelve month term.
For using the Schedule HOTLINE by dialing the toll free
number, there is an additional Telephone Charge of 8 cents per minute, which is
subject to change if our long distance provider changes our costs. This charge is incurred to cover our long distance cost.
All prices are subject to change without notice. Program Works
reserves the right to negotiate prices and terms upon written contract. Prices
will not be pro-rated based on a smaller number of employees for any term.
Regardless of any software error in the Price
Calculator, or any accidentally misquoted price, these
prices listed here in the Terms of Service shall stand
as the official price of the service.
CHANGING THE MAXIMUM NUMBER OF
EMPLOYEES
You may not reduce the Maximum Number of Employees within the
term of the contract. However, if you wish to increase the Maximum Number of
Employees within the term of the contract, you may do so by informing Customer
Service of your wish and paying in advance the current price for additional
Employees. If you wish to change the Maximum Number of Employees for the
following term, either by reducing or increasing it, you may do so by informing
Customer Service of your wish, and you will be billed appropriately when the
current term expires and the new contract term automatically
renews.
EXCESSIVE SHIFTS
Program Works reserves
the right to charge additional subscription fees if
the average number of time blocks scheduled per
employee per week is greater then 25, in any module.
This is due to the strain such excessive shifts would
place on our servers. If you are audited and it
is found that you have scheduled time blocks in excess
of the above, Program Works will give you the choice
of (a) limiting the number of time blocks scheduled to
less than the above described limit, or (b) paying an
extra subscription fee of 5 cents per time block per
month. Free Trial subscribers may not schedule time
blocks in excess of the above limit.
ACCOUNTS AND PASSWORDS
You as a manager will receive a
company ID, an user ID, and a password to manage the schedule, with special
manager rights. Also, each of your Employees will receive the same company ID, a user ID and a password to access their schedule on the both the web site and
the Schedule HOTLINE, if used, and to perform other functions as well. YOU ARE FULLY
RESPONSIBLE FOR ANY AND ALL ACTIONS OF ANY MANAGERS AND/OR EMPLOYEES USING THEIR
PASSWORDS AS WELL AS ANY ACTIVITY THAT OCCURS UNDER THOSE ACCOUNTS REGARDLESS OF
WHO THE ACTUAL INDIVIDUAL IS WHO IS ACTING UNDER THOSE ACCOUNTS. YOU ARE
RESPONSIBLE FOR MAKING SURE THAT BOTH MANAGERS AND EMPLOYEES KEEP THEIR
PASSWORDS ABSOLUTELY CONFIDENTIAL. Your Employees must keep their passwords
confidential. You agree to notify Program Works immediately of any unauthorized
use of any password. Program Works will not be liable for any loss or damage
arising from your failure to comply with this section or the failure of any of
your Employees to comply with this section.
BILLING PERIOD
By
signing up for the Service you agree to the following: Program Works will bill
the amount you owe in Service fees at the start of your Billing Period. Your
Billing Period starts on the date you sign up for the Service, continuing until
the day before the corresponding day of the next month that you are due to be
renewed, which is hereby your Billing Day. For example if you sign up for the
Service on March 15th for a one month term, your first Billing Period will be
from March 15th to April 14th. EXCEPTION: If the date you sign up for the
Service is on the 29th, 30th or 31st day of the month, your Billing Period will
start on the first of the next month.
BILLING FOR THE SCHEDULE
HOTLINE
If you are using the Schedule HOTLINE, this billing will occur
monthly. Your Telephone Charges for the each month will be charged to you on
your Billing Day of every month, regardless of the term of your contract. The
Telephone Charges will be based on logs kept by Program Works that record when
your Employees have called and used the Schedule HOTLINE. The current price for
using the Schedule HOTLINE is 8 cents per minute. If you cancel at any time, you
are still liable for charges incurred for any Telephone Charges incurred by your
Employees' usage on the Schedule HOTLINE. Regardless of billing method, full
payment for Telephone Charges must be received within 30 days of the Billing Day
on which you are billed. If full payment is not received within 30 days, you
accept that all of the Service, not just the Schedule HOTLINE, can be terminated
without notification.
BILLING METHOD
You may choose to pay
either by check or by credit card. If you choose to pay by check you must send
payment immediately upon purchasing the Service. If you choose to pay by credit
card, you must present valid credit card information. Program Works will attempt
to send you a statement every month when applicable, but regardless, you are
responsible for getting funds to Program Works on time.
If you are
billing by credit card, from time to time there may be problems with billing
your credit card on time. If there is a problem for any reason with billing,
even including but not limited to negligence on the part of Program Works, you
are still liable for all charges incurred, and agree to allow Program Works to
bill you at a later date. If for any reason, Program Works is unable to bill you
using your credit card, whether due to a problem with you or your credit card
company, or a problem with Program Works or our credit card processor, or any
third party involved in the billing process, regardless of fault, you are still
liable for any and all charges incurred and must pay by any means available the
amount due to Program Works. You are fully responsible for ensuring that payment
is received, regardless of the billing method. These charges are considered due
on the first day of each Billing Period, regardless of any billing problems that
may occur.
Regardless of billing method, full payment must be received
within the first 30 days of the start of your Billing Period. If full payment is
not received within the first 30 days of the start of your Billing Period, you
accept that the Service can be terminated without
notification.
EMAIL TECHNICAL SUPPORT
Program Works provides
limited support via email. Program Works will
attempt to respond to any request for support by email
within two business days, not including holidays, but
makes no guarantee of any response time.
TELEPHONE
TECHNICAL SUPPORT
Program Works offers telephone
support billable at $85 per hour and paid in advance.
However Program Works may, at its sole discretion,
offer a limited amount of free phone support, in order
to answer a quick question or handle a quick
problem. This is no way obligates Program Works
to continue to offer such free support. You will be
notified beforehand when billable time is starting.
SCHEDULE CONSULTING
Program Works provides
consulting services on an hourly basis in addition to
the online service. If you would like for
a scheduling specialist to assist you in developing a
custom solution for your scheduling situation, the
cost is $85 per hour and must be paid in advance.
CANCELLATION
At the end of each
term your service will be renewed as described in CONTRACT TERMS AND
RENEWALS, unless you
cancel by emailing customerservice@workschedule.net
with your company ID stating that you would like to cancel the
Service. We do not give refunds for any portion of an unused
subscription. By canceling before your
subscription is over, you are authorizing us to close
your account, therefore blocking all access to it, and
you are accepting that you will not receive a refund
for the remainder of the subscription term not
used.
NON-USE OF SERVICE By not actually using the Service, you
are not releasing yourself from your liability to Program Works for the Service.
The fact that you have signed up for the Service regardless of whether or not you choose to actually use it, is enough to
constitute your liability to Program Works for the Service.
COLLECTION
COSTS IN CASE OF NON-PAYMENT
In the event that you do not pay for charges
incurred by using the Service within 90 days of the due date, you will be
responsible for all costs incurred by Program Works to collect the money from
you, including but not limited to attorney's fees, court costs, other legal
costs, and postage.
ACCURACY OF INFORMATION PROVIDED TO PROGRAM
WORKS
You agree to provide true, accurate, current and complete
information about your business and maintain and promptly update the company
information to keep it true, accurate, current and complete. This applies to
both the information concerning your company information in the "Company
Settings" section of the web site, and in the "Employees" section. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or Program Works has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Program Works has the right to
suspend or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof).
EMPLOYEE
REPRESENTATION
Since Program Works charges by the Maximum Number of
Employees allowed to use the Service to get their schedules, each employee
account must represent exactly one person. You may not use one employee account
to represent more than one employee or more than one employee's schedule. If you
misrepresent the number of employees that are using the system in any way, or if
Program Works has reasonable grounds to suspect that you have misrepresented the
number of employees that are using the system in any way, then (a) Program Works
has the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof) and (b) if it is
determined the Actual Number of Employees actually using the system is greater
than your company's Maximum Number of Employees, then your Maximum Number of
Employees will be corrected to be your Actual Number of Employees, and you will
be fully liable for the additional cost, computed with the new Maximum Number of
Employees, for the full time that those Employees have been using the system,
retroactively, according to the current prices.
MEMBER
CONDUCT
As a condition of your use of the Service, you warrant to Program
Works that you will not use the Service for any purpose that is unlawful or
prohibited by these Terms of Service and notices. Any resale of the Service is
expressly prohibited. Any type of abuse, including but not limited to attempts
to spy or get the passwords or private information of others, spamming,
harassment, hacking, reverse engineering of any kind, excessive use with the
intention of overworking or overloading the system in any way, or any other
behavior which is considered an abuse by modern internet standards will be cause
for and serve as reasonable grounds for immediate
termination.
DISCLAIMERS/LIMITATION OF LIABILITY
The
information and services included in or available through the Service may
include inaccuracies or typographical errors. Changes are periodically added to
the information herein. Program Works may make improvements and/or changes in
the Service at any time. Program Works does not represent or warrant that the
Service will be uninterrupted or error-free, that defects will be corrected, or
that the Service or the server that makes it available, are free of viruses or
other harmful components. Program Works does not warrant or represent that the
use or the results of the use of the Service or the materials made available as
part of the Service will be correct, accurate, timely, or otherwise reliable.
You specifically agree that Program Works shall not be responsible for
unauthorized access to or alteration of your data.
PROGRAM WORKS MAKES NO
REPRESENTATIONS ABOUT THE RELIABILITY, SUITABILITY, TIMELINESS, AVAILABILITY,
AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. PROGRAM WORKS HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL PROGRAM WORKS BE LIABLE FOR ANY
INDIRECT, DIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF PROGRAM WORKS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE,
OR WITH ANY PART OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
CANCEL (SEE "TERMINATION / CANCELLATION") AND DISCONTINUE USING THE
SERVICE.
SEVERABILITY
The invalidity or unenforceability of any
provision of these Terms Of Service shall not affect the validity or
enforceability of any other provisions of this agreement, which shall remain in
full force and effect. If any of the covenants or provisions of these Terms Of
Service are determined to be unenforceable by reason of their extent, duration,
scope, or otherwise, then the parties contemplate that the court making such
determination shall reduce such extent, duration, scope or other provision and
enforce such term(s) in their reduced form for all purposes contemplated by
these Terms Of Service.
ENTIRE AGREEMENT
These Terms Of Service
contain the entire agreement between Program Works and your company with respect
to usage of the Service, and supercedes, merges, and replaces all prior written
or oral agreements, negotiations, offers, representations, and warranties with
respect to the usage of the Service. No course of dealing between the parties,
no usage of trade, and no parol or outside evidence of any nature shall be used
to modify, interpret or supplement any provision of these Terms Of
Service.
INDEMNIFICATION
You agree to indemnify and hold
Program Works, its affiliates, officers and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of the Service.
CHANGES IN
AGREEMENT
The terms of this agreement may change at any time without any
advance notice. A current version of the Terms of Service will remain at
http://workschedule.net. By continuing to use the service, you automatically
agree to any and all of these changes.
TERMINATION /
CANCELLATION
EITHER PARTY CAN CANCEL THIS AGREEMENT AT ANY TIME FOR ANY
REASON WITH WRITTEN NOTICE. IF AT ANY TIME YOU ARE DISSATISFIED WITH THE SERVICE
FOR ANY REASON, YOU CAN CANCEL BY EMAILING CUSTOMERSERVICE@WORKSCHEDULE.NET
WITH YOUR COMPANY ID, SIMPLY STATING THAT YOU WOULD LIKE TO CANCEL THE SERVICE
AS DESCRIBED IN THE CANCELLATION SECTION OF
THESE TERMS OF SERVICE.
© 2006 Program Works. All rights reserved.
Business TOS
Revision 2.02 3/6/2006
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