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Contact Us: 877-245-5484
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* Features
PRODUCTIVITY
Time Tracking Expense Tracking Billing & Invoicing Invoice Templates Online
Payments
ACCESSIBILITY
Mobile Apps Document Management Integrations Software Support
MANAGEMENT
Clients Projects Accounting Reporting
SECURITY
Data Security User Access
* Pricing
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* Free Trial
TERMS OF SERVICE
BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE REGISTRATION PROCESS,
YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR
USE OF BILL4TIME'S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY,
THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY
OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH
ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR"
SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT
AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON
AND MAY NOT USE THE SERVICE.
WELCOME
As part of the Service, Bill4Time will provide you with use of the Service,
including a browser interface and data encryption, transmission, access and
storage. Your registration for, or use of, the Service shall be deemed to be
your agreement to abide by this Agreement including any materials available on
the Bill4Time website incorporated by reference herein, including but not
limited to Bill4Time's privacy and security policies. For reference, a
Definitions section is included at the end of this Agreement.
1. PRIVACY & SECURITY; DISCLOSURE
Bill4Time's privacy and security policies may be viewed at www.Bill4Time.com.
Bill4Time reserves the right to modify its privacy and security policies in its
reasonable discretion from time to time. Note that because the Service is a
hosted, online application, Bill4Time occasionally may need to notify all users
of the Service (whether or not they have opted out as described above) of
important announcements regarding the operation of the Service.
2. LICENSE GRANT & RESTRICTIONS
Bill4Time hereby grants you a non-exclusive, non-transferable, worldwide right
to use the Service, solely for your own internal business purposes, subject to
the terms and conditions of this Agreement. All rights not expressly granted to
you are reserved by Bill4Time and its licensors.
You may not access the Service if you are a direct competitor of Bill4Time,
except with Bill4Time's prior written consent. In addition, you may not access
the Service for purposes of monitoring its availability, performance or
functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense, sell, resell, transfer, assign,
distribute or otherwise commercially exploit or make available to any third
party the Service or the Content in any way; (ii) modify or make derivative
works based upon the Service or the Content; (iii) create Internet "links" to
the Service or "frame" or "mirror" any Content on any other server or wireless
or Internet-based device; or (iv) reverse engineer or access the Service in
order to (a) build a competitive product or service, (b) build a product using
similar ideas, features, functions or graphics of the Service, or (c) copy any
ideas, features, functions or graphics of the Service. User licenses cannot be
shared or used by more than one individual User but may be reassigned from time
to time to new Users who are replacing former Users who have terminated
employment or otherwise changed job status or function and no longer use the
Service.
You may use the Service only for your internal business purposes and shall not:
(i) send spam or otherwise duplicative or unsolicited messages in violation of
applicable laws; (ii) send or store infringing, obscene, threatening, libelous,
or otherwise unlawful or tortious material, including material harmful to
children or violative of third party privacy rights; (iii) send or store
material containing software viruses, worms, Trojan horses or other harmful
computer code, files, scripts, agents or programs; (iv) interfere with or
disrupt the integrity or performance of the Service or the data contained
therein; or (v) attempt to gain unauthorized access to the Service or its
related systems or networks.
3. YOUR RESPONSIBILITIES
You are responsible for all activity occurring under your User accounts and
shall abide by all applicable local, state, national and foreign laws, treaties
and regulations in connection with your use of the Service, including those
related to data privacy, international communications and the transmission of
technical or personal data. You shall: (i) notify Bill4Time immediately of any
unauthorized use of any password or account or any other known or suspected
breach of security; (ii) report to Bill4Time immediately and use reasonable
efforts to stop immediately any copying or distribution of Content that is known
or suspected by you or your Users; and (iii) not impersonate another Bill4Time
user or provide false identity information to gain access to or use the Service.
4. ACCOUNT INFORMATION AND DATA
Bill4Time does not own any data, information or material that you submit to the
Service in the course of using the Service ("Customer Data"). You, not
Bill4Time, shall have sole responsibility for the accuracy, quality, integrity,
legality, reliability, appropriateness, and intellectual property ownership or
right to use of all Customer Data, and Bill4Time shall not be responsible or
liable for the deletion, correction, destruction, damage, loss or failure to
store any Customer Data. In the event this Agreement is terminated (other than
by reason of your breach), Bill4Time will make available to you a file of the
Customer Data within 14 days of termination if you so request at the time of
termination. Bill4Time reserves the right to withhold, remove and/or discard
Customer Data without notice for any breach, including, without limitation, your
non-payment. Upon termination for cause, your right to access or use Customer
Data immediately ceases, and Bill4Time shall have no obligation to maintain or
forward any Customer Data.
5. INTELLECTUAL PROPERTY OWNERSHIP
Bill4Time alone (and its licensors, where applicable) shall own all right, title
and interest, including all related Intellectual Property Rights, in and to the
Bill4Time Technology, the Content and the Service and any suggestions, ideas,
enhancement requests, feedback, recommendations or other information provided by
you or any other party relating to the Service. This Agreement is not a sale and
does not convey to you any rights of ownership in or related to the Service, the
Bill4Time Technology or the Intellectual Property Rights owned by Bill4Time. The
Bill4Time name, the Bill4Time logo, and the product names associated with the
Service are trademarks of Bill4Time or third parties, and no right or license is
granted to use them.
6. THIRD PARTY INTERACTIONS
During use of the Service, you may enter into correspondence with, purchase
goods and/or services from, or participate in promotions of advertisers or
sponsors showing their goods and/or services through the Service. Any such
activity, and any terms, conditions, warranties or representations associated
with such activity, is solely between you and the applicable third-party.
Bill4Time and its licensors shall have no liability, obligation or
responsibility for any such correspondence, purchase or promotion between you
and any such third-party. Bill4Time does not endorse any sites on the Internet
that are linked through the Service. Bill4Time provides these links to you only
as a matter of convenience, and in no event shall Bill4Time or its licensors be
responsible for any content, products, or other materials on or available from
such sites. Bill4Time provides the Service to you pursuant to the terms and
conditions of this Agreement. You recognize, however, that certain third-party
providers of ancillary software, hardware or services may require your agreement
to additional or different license or other terms prior to your use of or access
to such software, hardware or services.
7. CHARGES AND PAYMENT OF FEES
You shall pay all fees or charges to your account in accordance with the fees,
charges, and billing terms in effect at the time a fee or charge is due and
payable. The initial charges will be equal to the current number of total User
licenses requested times the User license fee currently in effect. All payment
obligations are noncancelable and all amounts paid are nonrefundable. You are
responsible for paying for all User licenses ordered for the entire License
Term, whether or not such User licenses are actively used. You must provide
Bill4Time with valid credit as a condition to signing up for the Service. An
authorized License Administrator may add licenses using the Online Order Center.
Added licenses will be subject to the following: (i) added licenses will be
coterminous with the preexisting License Term (either Initial Term or renewal
term); (ii) the license fee for the added licenses will be the then current,
generally applicable license fee. Bill4Time reserves the right to modify its
fees and charges and to introduce new charges at any time, upon at least 14 days
prior notice to you, which notice may be provided by e-mail. All pricing terms
are confidential, and you agree not to disclose them to any third party. See our
full refund policy.
8. BILLING AND RENEWAL
Bill4Time charges and collects in advance for use of the Service. Bill4Time will
automatically renew and bill your credit card or issue an invoice to you each
year on the subsequent anniversary or as otherwise mutually agreed upon. The
renewal charge will be equal to the then-current number of total User licenses
times the license fee in effect during the prior term, unless Bill4Time has
given you at least 14 days prior written notice of a fee increase, which shall
be effective upon renewal and thereafter. Fees for other services will be
charged on an as-quoted basis. Bill4Time's 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, excluding only United States
(federal or state) taxes based solely on Bill4Time's income.
You agree to provide Bill4Time with complete and accurate billing and contact
information. This information includes your legal company name, street address,
e-mail address, and name and telephone number of an authorized billing contact
and License Administrator. You agree to update this information within 30 days
of any change to it. If the contact information you have provided is false or
fraudulent, Bill4Time reserves the right to terminate your access to the Service
in addition to any other legal remedies.
Unless Bill4Time in its discretion determines otherwise: (i) entities with
headquarters and a majority of users resident in the United States will be
billed in U.S. dollars and subject to U.S. payment terms and pricing schemes
("U.S. Customers"); (ii) entities with headquarters and a majority of users
resident in Japan will be billed in Japanese yen and subject to Japanese payment
terms and pricing schemes ("Japanese Customers"); and (iii) all other entities
will be billed in U.S. dollars, Euros or local currency and be subject to either
U.S. or non-U.S. payment terms and pricing schemes at the discretion of
Bill4Time ("Non-U.S./Japan Customers").
If you believe your bill is incorrect, you must contact us in writing within 10
days of the invoice date of the invoice containing the amount in question to be
eligible to receive an adjustment or credit.
9. NON-PAYMENT AND SUSPENSION
In addition to any other rights granted to Bill4Time herein, Bill4Time reserves
the right to suspend or terminate this Agreement and your access to the Service
if your account becomes delinquent (falls into arrears). Delinquent invoices
(accounts in arrears) are subject to interest of 1.0% per month on any
outstanding balance, or the maximum permitted by law, whichever is less, plus
all expenses of collection. You will continue to be charged for User licenses
during any period of suspension. If you or Bill4Time initiates termination of
this Agreement, you will be obligated to pay the balance due on your account
computed in accordance with the Charges and Payment of Fees section above. You
agree that Bill4Time may charge such unpaid fees to your credit card or
otherwise bill you for such unpaid fees.
Bill4Time reserves the right to impose a reconnection fee in the event you are
suspended and thereafter request access to the Service. You agree and
acknowledge that Bill4Time has no obligation to retain Customer Data and that
such Customer Data may be irretrievably deleted if your account is 30 days or
more delinquent.
10. TERMINATION UPON EXPIRATION/REDUCTION IN NUMBER OF LICENSES
This Agreement commences on the Effective Date. The Initial Term will be as you
elect during the online subscription process or as otherwise mutually agreed
upon in an Order Form, commencing on the date you agree to pay for the Service
by completing the online subscription form, or on the start date of the Order
Form. Upon the expiration of the Initial Term, this Agreement will automatically
renew for successive renewal terms equal in duration to the Initial Term (or one
year, if the Initial Term is greater than one year) at Bill4Time's then current
fees. Either party may terminate this Agreement or reduce the number of
licenses, effective only upon the expiration of the then current License Term,
by notifying the other party in writing at least five (5) business days prior to
the date of the invoice for the following term. In the case of free trials,
notifications provided through the Service indicating the remaining number of
days in the free trial shall constitute notice of termination. In the event this
Agreement is terminated (other than by reason of your breach), Bill4Time will
make available to you a file of the Customer Data within 30 days of termination
if you so request at the time of termination. You agree and acknowledge that
Bill4Time has no obligation to retain the Customer Data, and may delete such
Customer Data, more than 30 days after termination.
11. TERMINATION FOR CAUSE
Any breach of your payment obligations or unauthorized use of the Bill4Time
Technology or Service will be deemed a material breach of this Agreement.
Bill4Time, in its sole discretion, may terminate your password, account or use
of the Service if you breach or otherwise fail to comply with this Agreement. In
addition, Bill4Time may terminate a free account at any time in its sole
discretion. You agree and acknowledge that Bill4Time has no obligation to retain
the Customer Data, and may delete such Customer Data, if you have materially
breached this Agreement, including but not limited to failure to pay outstanding
fees, and such breach has not been cured within 30 days of notice of such
breach.
12. REPRESENTATIONS & WARRANTIES
Each party represents and warrants that it has the legal power and authority to
enter into this Agreement. Bill4Time represents and warrants that it will
provide the Service in a manner consistent with general industry standards
reasonably applicable to the provision thereof and that the Service will perform
substantially in accordance with the online Bill4Time help documentation under
normal use and circumstances. You represent and warrant that you have not
falsely identified yourself nor provided any false information to gain access to
the Service and that your billing information is correct.
13. MUTUAL INDEMNIFICATION
You shall indemnify and hold Bill4Time, its licensors and each such party's
parent organizations, subsidiaries, affiliates, officers, directors, employees,
attorneys and agents harmless from and against any and all claims, costs,
damages, losses, liabilities and expenses (including attorneys' fees and costs)
arising out of or in connection with: (i) a claim alleging that use of the
Customer Data infringes the rights of, or has caused harm to, a third party;
(ii) a claim, which if true, would constitute a violation by you of your
representations and warranties; or (iii) a claim arising from the breach by you
or your Users of this Agreement, provided in any such case that Bill4Time (a)
gives written notice of the claim promptly to you; (b) gives you sole control of
the defense and settlement of the claim (provided that you may not settle or
defend any claim unless you unconditionally release Bill4Time of all liability
and such settlement does not affect Bill4Time's business or Service); (c)
provides to you all available information and assistance; and (d) has not
compromised or settled such claim.
Bill4Time shall indemnify and hold you and your parent organizations,
subsidiaries, affiliates, officers, directors, employees, attorneys and agents
harmless from and against any and all claims, costs, damages, losses,
liabilities and expenses (including attorneys' fees and costs) arising out of or
in connection with: (i) a claim alleging that the Service directly infringes a
copyright, a U.S. patent issued as of the Effective Date, or a trademark of a
third party; (ii) a claim, which if true, would constitute a violation by
Bill4Time of its representations or warranties; or (iii) a claim arising from
breach of this Agreement by Bill4Time; provided that you (a) promptly give
written notice of the claim to Bill4Time; (b) give Bill4Time sole control of the
defense and settlement of the claim (provided that Bill4Time may not settle or
defend any claim unless it unconditionally releases you of all liability); (c)
provide to Bill4Time all available information and assistance; and (d) have not
compromised or settled such claim. Bill4Time shall have no indemnification
obligation, and you shall indemnify Bill4Time pursuant to this Agreement, for
claims arising from any infringement arising from the combination of the Service
with any of your products, service, hardware or business process(s).
14. DISCLAIMER OF WARRANTIES
BILL4TIME AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO
THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY
OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. BILL4TIME AND ITS LICENSORS DO
NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY,
UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE,
SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E)
ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT
MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE
SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL
CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW BY BILL4TIME AND ITS LICENSORS.
15. INTERNET DELAYS
BILL4TIME'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS
INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BILL4TIME IS
NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING
FROM SUCH PROBLEMS.
16. LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY
PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY
AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND
(INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE)
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT
LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED
FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION,
REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE
BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
17. ADDITIONAL RIGHTS
Certain states and/or jurisdictions do not allow the exclusion of implied
warranties or limitation of liability for incidental, consequential or certain
other types of damages, so the exclusions set forth above may not apply to you.
18. LOCAL LAWS AND EXPORT CONTROL
This site provides services and uses software and technology that may be subject
to United States export controls administered by the U.S. Department of
Commerce, the United States Department of Treasury Office of Foreign Assets
Control, and other U.S. agencies and the export control regulations of
Switzerland and the European Union. The user of this site ("User") acknowledges
and agrees that the site shall not be used, and none of the underlying
information, software, or technology may be transferred or otherwise exported or
re-exported to countries as to which the United States, Switzerland and/or the
European Union maintains an embargo (collectively, "Embargoed Countries"), or to
or by a national or resident thereof, or any person or entity on the U.S.
Department of Treasury's List of Specially Designated Nationals or the U.S.
Department of Commerce's Table of Denial Orders (collectively, "Designated
Nationals"). The lists of Embargoed Countries and Designated Nationals are
subject to change without notice. By using the Service, you represent and
warrant that you are not located in, under the control of, or a national or
resident of an Embargoed Country or Designated National. You agree to comply
strictly with all U.S., Swiss and European Union export laws and assume sole
responsibility for obtaining licenses to export or re-export as may be required.
This site may use encryption technology that is subject to licensing
requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts
730-774 and Council Regulation (EC) No. 1334/2000
Bill4Time and its licensors make no representation that the Service is
appropriate or available for use in other locations. If you use the Service from
outside the United States of America, Switzerland and/or the European Union, you
are solely responsible for compliance with all applicable laws, including
without limitation export and import regulations of other countries. Any
diversion of the Content contrary to United States, Swiss or European Union
(including European Union Member States) law is prohibited. None of the Content,
nor any information acquired through the use of the Service, is or will be used
for nuclear activities, chemical or biological weapons, or missile projects,
unless specifically authorized by the United States government or appropriate
European body for such purposes.
19. NOTICE
Bill4Time may give notice by means of a general notice on the Service,
electronic mail to your e-mail address on record in Bill4Time's account
information, or by written communication sent by first class mail or pre-paid
post to your address on record in Bill4Time's account information. Such notice
shall be deemed to have been given upon the expiration of 48 hours after mailing
or posting (if sent by first class mail or pre-paid post) or 12 hours after
sending (if sent by email). You may give notice to Bill4Time (such notice shall
be deemed given when received by Bill4Time) at any time by any of the following:
letter sent by confirmed facsimile to Bill4Time at the following fax number 1
(212) 504-2641, or by letter delivered by nationally recognized overnight
delivery service or first class postage prepaid mail to Bill4Time at the
following address: Bill4Time, LLC, having its principal place of business at 522
W. Riverside Ave. Suite 8213, Spokane, WA 99201, addressed to the attention of:
Chief Financial Officer.
20. MODIFICATION TO TERMS
Bill4Time reserves the right to modify the terms and conditions of this
Agreement or its policies relating to the Service at any time, effective upon
posting of an updated version of this Agreement on the Service. You are
responsible for regularly reviewing this Agreement. Continued use of the Service
after any such changes shall constitute your consent to such changes.
21. ASSIGNMENT; CHANGE IN CONTROL
This Agreement may not be assigned by you without the prior written approval of
Bill4Time but may be assigned without your consent by Bill4Time to (i) a parent
or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any
purported assignment in violation of this section shall be void. Any actual or
proposed change in control of you that results or would result in a direct
competitor of Bill4Time directly or indirectly owning or controlling 50% or more
of you shall entitle Bill4Time to terminate this Agreement for cause immediately
upon written notice.
22. GENERAL
With respect to U.S. Customers, this Agreement shall be governed by Washington
State law and controlling United States federal law, without regard to the
choice or conflicts of law provisions of any jurisdiction, and any disputes,
actions, claims or causes of action arising out of or in connection with this
Agreement or the Service shall be subject to the exclusive jurisdiction of the
state and federal courts located in Western District of Washington, Seattle,
Washington. No text or information set forth on any other purchase order,
preprinted form or document (other than an Order Form, if applicable) shall add
to or vary the terms and conditions of this Agreement. If any provision of this
Agreement is held by a court of competent jurisdiction to be invalid or
unenforceable, then such provision(s) shall be construed, as nearly as possible,
to reflect the intentions of the invalid or unenforceable provision(s), with all
other provisions remaining in full force and effect. No joint venture,
partnership, employment, or agency relationship exists between you and Bill4Time
as a result of this agreement or use of the Service. The failure of Bill4Time to
enforce any right or provision in this Agreement shall not constitute a waiver
of such right or provision unless acknowledged and agreed to by Bill4Time in
writing. This Agreement, together with any applicable Order Form, comprises the
entire agreement between you and Bill4Time and supersedes all prior or
contemporaneous negotiations, discussions or agreements, whether written or
oral, between the parties regarding the subject matter contained herein.
23. BILL4TIME PAYMENTS PROCESSING VIA HEADNOTE
You agree and understand that by processing payments through the Bill4Time
website, enabling Bill4Time Payments on your Bill4Time account, or submitting a
payment via Bill4Time or Bill4Time Payments, you will be entering into an
agreement with Headnote, Inc. (“Headnote”), an affiliate of Bill4Time, and will
consent to be bound by the Headnote Terms of Service and also agree to pay all
amounts due in accordance with the fees, charges, and billing terms associated
with Bill4Time Payments and set forth on the Bill4Time website as well as any
and all fees lists in the Headnote Terms of Service. You further agree and
understand that the services provided for processing payments on Bill4Time
Payments, branded as part of the Bill4Time website or called “Bill4Time
Payments” are, in fact, not provided by any entity of that name, but rather by
Headnote, Inc., an entity that is separate and distinct from Bill4Time but is an
affiliate of Bill4Time. As such, Bill4Time assumes no liability for any actions
related thereto and makes no warranties or promises as to same.
24. DEFINITIONS
As used in this Agreement and in any Order Forms now or hereafter associated
herewith: "Agreement" means these online terms of use, any Order Forms, whether
written or submitted online via the Online Order Center, and any materials
available on the Bill4Time website specifically incorporated by reference
herein, as such materials, including the terms of this Agreement, may be updated
by Bill4Time from time to time in its sole discretion; "Content" means the audio
and visual information, documents, software, products and services contained or
made available to you in the course of using the Service; "Customer Data" means
any data, information or material provided or submitted by you to the Service in
the course of using the Service; "Effective Date" means the earlier of either
the date this Agreement is accepted by selecting the "I Accept" option presented
on the screen after this Agreement is displayed or the date you begin using the
Service; "Initial Term" means the initial period during which you are obligated
to pay for the Service equal to the billing frequency selected by you during the
subscription process (e.g., if the billing frequency is quarterly, the Initial
Term is the first quarter); "Intellectual Property Rights" means unpatented
inventions, patent applications, patents, design rights, copyrights, trademarks,
service marks, trade names, domain name rights, mask work rights, know-how and
other trade secret rights, and all other intellectual property rights,
derivatives thereof, and forms of protection of a similar nature anywhere in the
world; "License Administrator(s)" means those Users designated by you who are
authorized to purchase licenses online using the Online Order Center or by
executing written Order Forms and to create User accounts and otherwise
administer your use of the Service; "License Term(s)" means the period(s) during
which a specified number of Users are licensed to use the Service pursuant to
the Order Form(s); "Order Form(s)" means the form evidencing the initial
subscription for the Service and any subsequent order forms submitted online or
in written form, specifying, among other things, the number of licenses and
other services contracted for, the applicable fees, the billing period, and
other charges as agreed to between the parties, each such Order Form to be
incorporated into and to become a part of this Agreement (in the event of any
conflict between the terms of this Agreement and the terms of any such Order
Form, the terms of this Agreement shall prevail); "Online Order Center" means
Bill4Time's online application that allows the License Administrator designated
by you to, among other things, add additional Users to the Service; "Bill4Time"
means collectively Bill4Time, LLC, a Delaware corporation, having its principal
place of business at 522 W. Riverside Ave. Suite 8213, Spokane, WA 99201;
"Bill4Time Technology" means all of Bill4Time's proprietary technology
(including software, hardware, products, processes, algorithms, user interfaces,
know-how, techniques, designs and other tangible or intangible technical
material or information) made available to you by Bill4Time in providing the
Service; "Service(s)" means the specific edition of Bill4Time's online customer
relationship management, billing, data analysis, or other corporate ERP services
identified during the ordering process, developed, operated, and maintained by
Bill4Time, accessible via www.Bill4Time.com or another designated web site or IP
address, or ancillary online or offline products and services provided to you by
Bill4Time, to which you are being granted access under this Agreement, including
the Saleforce.com Technology and the Content; "User(s)" means your employees,
representatives, consultants, contractors or agents who are authorized to use
the Service and have been supplied user identifications and passwords by you (or
by Bill4Time at your request).
25. GENERAL DATA PROTECTION REGULATION (GDPR) ADDENDUM
As part of the General Data Protection Regulation (GDPR), a new legal framework
for handling and protecting the personal data of European Union residents coming
into effect on May 25, 2018, some countries in Europe have recently implemented
regulations increasing their age of digital consent. To bring our Services in
line with these regulations, we’ve revised the minimum age requirement to use
Bill4Time to 16 in those countries and all others that have increased the age of
digital consent. Please check your local law to see if you meet the age
requirement.
DATA CONTROLLER AND DATA PROCESSOR:
Bill4Time does not own, control or direct the use of any of the Client Data
stored or processed by a Client or User via the Service. Only the Client or
Users are entitled to access, retrieve and direct the use of such Client Data.
Bill4Time is largely unaware of what Client Data is actually being stored or
made available by a Client or User to the Service and does not directly access
such Client Data except as authorized by the Client, or as necessary to provide
Services to the Client and its Users.
Because Bill4Time does not collect or determine the use of any Personal Data
contained in the Client Data and because it does not determine the purposes for
which such Personal Data is collected, the means of collecting such Personal
Data, or the uses of such Personal Data, Bill4Time is not acting in the capacity
of data controller in terms of the European Union’s General Data Protection
Regulation (Regulation (EU) 2016/679, hereinafter “GDPR”) and does not have the
associated responsibilities under the GDPR. Bill4Time should be considered only
as a processor on behalf of its Clients and Users as to any Client Data
containing Personal Data that is subject to the requirements of the GDPR. Except
as provided in this Privacy Policy, Bill4Time does not independently cause
Client Data containing Personal Data stored in connection with the Services to
be transferred or otherwise made available to third parties, except to third
party subcontractors who may process such data on behalf of Bill4Time in
connection with Bill4Time’s provision of Services to Clients. Such actions are
performed or authorized only by the applicable Client or User.
The Client or the User is the data controller under the Regulation for any
Client Data containing Personal Data, meaning that such party controls the
manner such Personal Data is collected and used as well as the determination of
the purposes and means of the processing of such Personal Data.
Bill4Time is not responsible for the content of the Personal Data contained in
the Client Data or other information stored on its servers (or its
subcontractors’ servers) at the discretion of the Client or User nor is
Bill4Time responsible for the manner in which the Client or User collects,
handles disclosure, distributes or otherwise processes such information.
ACCESS, CORRECTION, AND DELETION:
We respect your privacy rights and provide you with reasonable access to the
Personal Data that you may have provided through your use of the Services. If
you wish to access or amend any other Personal Data we hold about you, or to
request that we delete or transfer any information about you that we have
obtained from an Integrated Service, you may contact us at Jeremy@Bill4Time.com.
At your request, we will have any reference to you deleted or blocked in our
database.
You may update, correct, or delete your Account information and preferences at
any time by accessing your Account settings page on the Service. Please note
that while any changes you make will be reflected in active user databases
instantly or within a reasonable period of time, we may retain all information
you submit for backups, archiving, prevention of fraud and abuse, analytics,
satisfaction of legal obligations, or where we otherwise reasonably believe that
we have a legitimate reason to do so.
You may decline to share certain Personal Data with us, in which case we may not
be able to provide to you some of the features and functionality of the Service.
At any time, you may object to the processing of your Personal Data, on
legitimate grounds, except if otherwise permitted by applicable law. If you
believe your right to privacy granted by applicable data protection laws has
been infringed upon, please contact Bill4Time’s CTO Jeremy Diviney at
Jeremy@Bill4Time.com. You also have a right to lodge a complaint with data
protection authorities.
This provision does not apply to Personal Data that is part of Client Data. In
this case, the management of the Client Data is subject to the Client’s own
Privacy Policy, and any request for access, correction or deletion should be
made to the Client responsible for the uploading and storage of such data into
the Service.
BREACH REPORTING:
Part of keeping our service secure is making sure that people who work at
Bill4Time understand how to be security conscious and recognize suspicious
activity. To that end, Bill4Time employees are required to acknowledge security
policies prior to being granted systems access. Employees also take part in
mandatory security and privacy training for new hires and receive regular
security awareness training via informational emails, talks, presentations, and
resources available on our internal knowledge base. Bill4Time will notify you in
the event of a data breach, as required by applicable law. We maintain incident
response policies and procedures, including a breach notification process, which
enables us to notify affected customers as needed. If you’ve entered into an EU
Data Processing Agreement, you will be notified as detailed in those agreements.
Under the GDPR, Bill4Time is legally obliged to notify the Supervisory Authority
within 72 hours of the data breach. Individuals have to be notified if adverse
impact is determined. In addition, Bill4Time must notify any affected clients
without undue delay after becoming aware of a personal data breach.
However, Bill4Time does not have to notify the data subjects if anonymized data
is breached. Specifically, the notice to data subjects is not required if the
data controller has implemented pseudonymization techniques like encryption
along with adequate technical and organizational protection measures to the
personal data affected by the data breach.
DATA COLLECTED AUTOMATICALLY:
Through your browser: Certain information is collected by most browsers, such as
your Media Access Control (MAC) address, computer type (Windows or Macintosh),
screen resolution, operating system version and Internet browser type and
version. We use this information to ensure that our Site functions properly.
Using cookies: Cookies are pieces of information stored directly on your
computer. Cookies allow us to collect information such as browser type, time
spent on the Site, pages visited and language preferences. We and our service
providers use the information for security purposes, to facilitate navigation,
to display information more effectively, and to personalize your experience
while visiting the Site, as well as for online tracking purposes. We also use
cookies to gather statistical information about the usage of the Site in order
to continually improve the design and functionality, understand how customers
use it, and to resolve questions about it. If you do not want information
collected through the use of cookies, there is a simple procedure in most
browsers that allows you to decline the use of cookies. If you choose to decline
cookies, some or all of the features, functionality and promotions available
through the Site may not be available to you.
Using pixel tags and other similar technologies: Pixel tags (also known as web
beacons and clear GIFs) may be used in connection with some Site pages and
HTML-formatted email messages to, among other things, track the actions of Site
users and email recipients, measure the success of our marketing campaigns and
compile statistics about Site usage and response rates.
IP Address: Your “IP Address” is a number that is automatically assigned to the
computer that you are using by your Internet Service Provider (ISP). An IP
Address is identified and logged automatically in our server log files whenever
a user visits the Site, along with the time of the visit and the page(s) that
were visited. Collecting IP Addresses is standard practice on the Internet and
is done automatically by many web sites. We use IP Addresses for purposes such
as calculating Site usage levels, helping diagnose server problems, and
administering the Site.
From you: Information such as your location, as well as other information, such
as your preferred means of communication, is collected when you voluntarily
provide this information. Unless combined with Personal Information, this
information does not personally identify you or any other user of the Site.
By aggregating information: Aggregated Personal Information does not personally
identify you or any other user of the Site, (for example, we may have aggregated
Personal Information to calculate the percentage of our users who have a
particular telephone area code).
The Google Analytics service is provided by Google Inc. You can opt-out from
Google Analytics service from using your information by installing the Google
Analytics Opt-out Browser tool: tools.google.com/dlpage/gaoptout. For more
information on the privacy practices of Google, please visit the Google Privacy
& Terms web page: www.google.com/policies/privacy.
QUESTIONS OR ADDITIONAL INFORMATION:
If you have questions regarding this Agreement or wish to obtain additional
information, please send an e-mail to info@Bill4Time.com.
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