The company TimeTrack GmbH (hereinafter “TimeTrack”) offers on the website www.timetrackapp.com the use of software for time tracking, planning and the related services (hereinafter “TimeTrack Software”). These General Terms and Conditions apply to all services and deliveries (hereinafter “Services”) that TimeTrack provides to its customers. This agreement applies to all Services as well as to all hardware that TimeTrack provides or sells to its customers. They shall also apply to future transactions, even if no express reference is made to them. The customer’s terms and conditions are hereby excluded for the present legal transaction and the entire business relationship, unless TimeTrack has agreed to them in writing.
The customer may create a trial account on the website www.timetrackapp.com and test the TimeTrack Software free of charge for 14 days. By registering for the free trial account, the customer incurs no costs. After expiry of the trial account, no further use is possible unless the trial account has been extended by TimeTrack. 30 days after expiry of the trial period, the trial account and all data stored there will be deleted. TimeTrack reserves the right to end the trial period at any time and without prior notice, to refuse from the outset the creation of a free account without stating reasons, or to limit the number of free accounts that a particular customer may create.
The conclusion of the contract, and thus the conversion of the free trial account into a paid TimeTrack account, takes place upon activation of the system after the customer has entered its complete company and payment details in the TimeTrack Software.
Alternatively, the contract is concluded through the duly executed acceptance of a written offer by the customer.
The customer may purchase a monthly or annual subscription. The subscription contract is concluded for an indefinite period. The notice period is 7 days to the end of the subscription term for a monthly subscription and 30 days to the end of the subscription term for an annual subscription. If the contract is not terminated in due time, the subscription is automatically extended by the term of the currently selected subscription (a monthly subscription is extended by one further month each time, and an annual subscription by one further year each time).
Termination for the payment method “credit card”: The customer may cancel the subscription by making a corresponding declaration in its online account under “Settings” or by deactivating the automatic subscription renewal. Termination by e-mail is not possible, as this would involve additional administrative effort.
Termination for the payment method “invoice”: Termination is only possible by e-mail to invoice@timetrackapp.com and requires a confirmation of termination by our accounting team.
After termination has taken effect, all payments still due will be determined as part of a final settlement. These will be invoiced to the customer and are due immediately. TimeTrack expressly reserves the right to terminate the contract for good cause (misuse, unauthorized subletting, etc.).
For On-Premise customers, the duration of the right of use is based on the duration of the agreed license and/or maintenance contract. Upon termination of the contract, the customer’s right to continue using the TimeTrack Software ends. The customer is obliged to take the software out of operation without delay and, at TimeTrack’s request, to confirm the deinstallation or non-use in writing.
To the extent required for the review of contractual use, for the performance of support services or for deinstallation after termination of the contract, the customer shall grant TimeTrack the necessary access to the affected systems after reasonable prior coordination and during normal business hours.
Only the prices listed on the website www.timetrackapp.com shall apply, unless expressly agreed otherwise on an individual basis. The products offered for business customers (Standard, Premium, Gold) are net prices. TimeTrack is entitled to reasonably adjust the agreed fees with effect for future contract periods. Price changes shall be communicated to the customer in text form at least four (4) weeks before they take effect. If the price increase amounts to more than 20% of the last agreed regular fee, the customer shall have a special right of termination effective as of the date on which the price increase takes effect.
If the customer has its registered seat in a Member State of the European Union, TimeTrack shall charge the applicable statutory value added tax in addition to the net price, unless the reverse charge procedure applies. The reverse charge procedure applies if the customer provides a valid VAT identification number (UID number); in this case, no VAT shall be charged to customers with their registered seat in an EU Member State outside Austria. Customers with their registered seat outside the European Union shall be invoiced exclusively at the net price. In this case, the customer itself is responsible for duly paying any VAT or other duties payable in the state of residence.
If the customer provides its valid VAT identification number (UID number) only subsequently, there shall be no entitlement to reimbursement of the VAT already invoiced and paid. Only from the time of proper notification of a valid UID number via the web app is TimeTrack entitled not to charge VAT to customers with their registered seat in a Member State of the European Union outside Austria. This shall apply for the first time to the next order or billing period respectively.
Changes to the UID number must be notified to TimeTrack without delay.
If the number of users is increased during the subscription term or if another product is purchased, the subscription price shall be increased pro rata and the customer shall receive a new invoice within a few days. TimeTrack grants no refund for licenses not used during the subscription term. The originally purchased number of licenses and any additionally purchased licenses may be used until the end of the respective subscription term. In the event of automatic renewal for a further year, the number of the last number of licenses of the previous subscription term shall be used as the basis for calculating the renewal. The customer is entitled to reduce the number of licenses during the term of the subscription by a maximum of 10% with effect as of the end of a quarter.
In the case of bank payments outside the EU, TimeTrack is also entitled to pass on any bank charges incurred to the customer. Therefore, all transfers to TimeTrack’s bank account must be made free of charges.
The billing of licenses begins on the day the contract is concluded (see also Clause 3 of the agreement), unless otherwise agreed in writing, but no later than eight (8) weeks after the Kickoff date has taken place.
Payment may be made exclusively by Mastercard or Visa credit card (customers from the USA may also pay with American Express).
Annual subscribers also have the option of requesting payment “by invoice”. One-off costs, such as hardware or services, shall be invoiced separately. If a customer is more than fourteen days in arrears with payments, TimeTrack is entitled to deactivate access to the software, terminate the contract and enforce the outstanding claims.
The customer must ensure that the credit card account from which the usage fee is debited has sufficient funds. If a debit is not possible, TimeTrack reserves the right to additionally charge a fee of EUR 50 per failed booking from two failed bookings onwards.
TimeTrack provides the customer with the software for the coverage of the functionalities described in Annex 1 and selected by the customer itself in such a way that the customer is enabled to use the functionalities. In the course of this service, TimeTrack does not grant the customer the right to reproduce, edit, transfer or modify the TimeTrack Software in any way on the customer’s side.
The customer is obliged to provide all information required for registration truthfully. The customer is obliged to protect the access data for its account against unauthorized access by third parties. The customer is prohibited from making abusive use of TimeTrack’s services.
In the event of serious or repeated breaches by the customer of these terms of use, TimeTrack shall be entitled, after prior written warning and unsuccessful expiry of a reasonable grace period, to temporarily block access to the software in whole or in part or to terminate the contract for good cause.
The blocking or termination must take place taking into account the legitimate interests of the customer. A right to extraordinary blocking without prior grace period shall remain unaffected if this is necessary to avert significant security risks, to prevent misuse or to comply with statutory obligations.
The customer shall take appropriate precautions to prevent malfunctions of the TimeTrack Software as far as possible or to minimize their consequences, in particular data backup in accordance with the state of the art, fault diagnosis in accordance with the state of the art and regular verification of the data processing results. The customer must report without delay any unauthorized, abusive use or use made with fraudulent intent of the TimeTrack Software, as well as the suspicion that the TimeTrack Software could be exposed to such a risk, by e-mail to info@timetrackapp.com.
Unless otherwise contractually agreed, the scope of services of the software is described in Annex 1 (Scope of Services). TimeTrack is entitled to further develop the offered services, functions and technical components of the software and to make reasonable changes, insofar as this (i) serves technical further development, (ii) serves the improvement of IT security, (iii) serves adaptation to legal or regulatory requirements, (iv) serves adaptation to changed technical framework conditions, or (v) serves the maintenance of functionality and compatibility, and the changes are reasonable for the customer.
TimeTrack will not discontinue essential core functions without replacement or restrict them in such a way that the contractually agreed main purpose of the software is impaired, unless this is necessary for compelling legal or securityrelated reasons.
The customer may use the subject matter of the contract exclusively for its company and the business transactions arising there. Consumer protection provisions shall therefore not apply. In particular, the customer may not, without the express consent of TimeTrack, (i) make the TimeTrack Software available to third parties in any form whatsoever (e.g. renting or application service providing) and/or (ii) use it for business transactions of third parties. The customer may not make any changes to the server without the express consent of TimeTrack.
The contracting parties are aware that, due to the special complexity in the area of the transport and processing of data, complete security cannot be guaranteed. General provisions on performance disruptions are therefore to be interpreted and applied taking into account the special technical circumstances in these areas. TimeTrack provides the services with the utmost care.
TimeTrack shall not be liable for damages attributable to actions of third parties, force majeure (e.g. fire and water damage, direct or indirect lightning strike) or actions by the customer or its employees. Furthermore, TimeTrack shall not be liable for loss of profit, consequential damages, non-material damages, unrealized savings, loss of interest, financial losses and third-party claims under product liability. TimeTrack shall not be liable for the content, accuracy or completeness of data or content transmitted by the customer. The customer is responsible for checking the correctness of the settings made in the system and the data stored therein. This applies in particular to such information that depends on the customer’s internal operational regulations. TimeTrack assumes no liability that the software provided by TimeTrack meets all requirements of the customer and achieves the desired economic success for the customer. Furthermore, TimeTrack assumes no liability for damages attributable to intentional or negligent handling or incorrect operation by the customer or its employees, for example as a result of non-observance of TimeTrack’s specifications, hacker attacks, errors by the server provider (in the case of a rented server), viruses and trojans via the user’s network, etc. TimeTrack shall likewise not be liable for disruptions in and to the internet, for attacks by third parties, or for data loss and data corruption.
TimeTrack shall not be liable for slight negligence. In the case of gross negligence, the total liability of TimeTrack arising from and in connection with the contractual relationship is limited to the remuneration actually paid by the customer in the last twelve (12) months prior to the occurrence of the event giving rise to the damage. Should the customer violate legal regulations in connection with the use of the software, it shall indemnify and hold TimeTrack harmless against all resulting third-party claims.
If necessary, TimeTrack will access the customer’s data for error analysis or to ensure the proper functioning of the software. As part of technical operations, TimeTrack sets up regular data backups in accordance with the then current operating concept. Unless expressly agreed otherwise, these data backups primarily serve system recovery in the event of a disaster and not the versioned restoration of individual data states at the customer’s request. The customer remains obliged to back up exportable data, reports and other business-critical information for it itself to the necessary extent, insofar as this is technically possible and reasonable for it. In any case, it is not within TimeTrack’s area of responsibility to monitor or control whether the stored data may contain unlawful content. Liability for changes, damage, deletions or for data loss is hereby expressly excluded.
With regard to all services provided by TimeTrack in the performance of this contract, the customer assumes an obligation to inspect and notify defects in accordance with Section 377 UGB. In any case, the customer must notify TimeTrack in writing of all performance disruptions in the broadest sense. The customer is obliged to inspect the TimeTrack Software for obvious defects that would be noticeable to an average customer without further effort and to report any defects to the provider within 2 weeks from commissioning together with a detailed description of the defect.
Non-obvious defects must be reported to the provider no later than 2 weeks after detection by the customer.
If the obligation to inspect and notify defects is violated, the TimeTrack Software shall be deemed approved with regard to the defect concerned.
It is recorded that the source code of the TimeTrack Software is not part of the subject matter of the contract. The customer may not make any modification to the delivered source code on the server and is in particular not entitled to use the source code for purposes outside the contract. TimeTrack will occasionally carry out a revision of the number of users on the server of On Premise customers in order to verify the number of users and, if applicable, prevent misuse of the source code. If the On Premise customer has its own server, TimeTrack must be granted access to the server for the revision and support at all times.
All claims to and rights in the TimeTrack Software and the associated documents, in services, work results, as well as in the technical know-how of TimeTrack and the related trade secrets, in particular copyrights, trademark rights and patent rights, rights to inventions as well as other industrial property rights, shall belong exclusively to TimeTrack. All rights not expressly granted to the customer in writing are reserved by TimeTrack. This also applies to any processing carried out by TimeTrack of the subject matter of the contract or partsthereof, in whatever form and in whatever context.
Until full payment has been made, any hardware sold by TimeTrack shall remain the property of TimeTrack. In the event of conduct by the customer in breach of contract, in particular default of payment, the provider is entitled to demand the return of the hardware. The reclaiming of the hardware by TimeTrack shall not constitute withdrawal from the contract unless this is expressly declared by the provider in writing. The proceeds of realization shall be credited against the customer’s liabilities, less reasonable realization costs.
The installation and connection of the hardware shall be carried out by the customer. The customer shall provide a functioning and stable internet connection in order to ensure smooth connection with the provider’s systems. TimeTrack shall provide the customer with all necessary information for connecting hardware with the TimeTrack Software.
TimeTrack reserves the right to adapt or amend the General Terms and Conditions. If the customer does not object to the amended terms and conditions in writing within fourteen days, the amended GTC shall be deemed accepted.
Taking into account data protection and confidentiality, TimeTrack is entitled to describe the performance underlying the contract by naming the customer as a reference project and to publish this description. This also includes the use of trademark-protected logos, product names and other trademarks of the customer. The customer has the right to object to being named as a reference customer. The objection must be made in writing or by e-mail.
The exclusive place of jurisdiction shall be Vienna, Austria. The place of performance shall also be Vienna.
The customer expressly acknowledges that TimeTrack may electronically deliver all messages, agreements, documents, other information and disclosures by email.
The contractual relationships between the contracting parties shall be governed exclusively by Austrian law.
The German version of these General Terms and Conditions is the only legally binding and authoritative version; the English version serves merely for information purposes.
The contracting parties agree on the written form requirement for the validity of contracts.
The possible invalidity of individual provisions shall not affect the validity of the remaining contractual provisions. The invalid provision shall be replaced by a valid one that comes as close as possible in economic terms to the invalid provision in accordance with its meaning and purpose.
The parties expressly waive the right to contest contracts on the grounds of error or lesion beyond moiety.
This version of the General Terms and Conditions replaces all previous versions, including their annexes.
The TimeTrack Software is a time tracking system consisting of several modules independent from one another and offered as SaaS (Software as a Service). Software as a Service (SaaS) is a delivery model in which the provider enables the customer to use the software via an internet connection and is responsible for the operation, maintenance, servicing and updates of the software. The TimeTrack Software is offered in the modules working time tracking, project time tracking or personnel deployment planning according to the scope of functions desired by the customer. A wide range of configuration options and modules allows the respective product to be adapted to individual needs.
TimeTrack working time tracking is the optimal solution for simple, cost-effective and secure personnel time management. The working time tracking module enables the electronic recording, storage, processing and evaluation of employees’ working times. This includes in particular the recording of working time start, working time end, breaks, absences and business errands via stationary recording terminals, web interfaces or mobile devices. The module supports various working time models, including flextime, shift, part-time and trust-based working time models, as well as the mapping of core times, break regulations and bonus regulations. The recorded times are evaluated on a rule basis, compared with target times and used to calculate additional work, overtime and bonuses. Subsequent corrections are possible with audit-proof logging; historical settlements remain traceable. The module provides evaluations and reports, supports the offline operation of recording devices with downstream synchronization and enables the export of working time data via defined interfaces.
The most important functions at a glance:
The project time tracking module of TimeTrack GmbH enables the recording, allocation, storage and evaluation of working times to projects, sub-projects, activities and cost centers. The recording of project times takes place via web interfaces, mobile devices or connected recording systems. The module can be used parallel to working time tracking or independently thereof. It supports freely definable project structures, time types and booking rules. Subsequent corrections are possible with audit-proof logging. The recorded project times are available for evaluations, reports and exports via defined interfaces. For the projects, among other things, project managers, a customer assignment, access restrictions and further parameters can be individually defined. Simple controlling options are available by means of target/actual comparisons and costs/revenue as required.
The most important functions:
TimeTrack personnel deployment planning enables transparent, flexible and integrated planning of employee assignments and shift plans taking into account availabilities, qualifications and working time models.
During the contractual term, TimeTrack offers comprehensive service services. These service services include ensuring smooth technical operation, ongoing updates and include the defined support services. The exact description of services is described in our Service Level Agreement (SLA) in Annex 2.
For the introduction of TimeTrack Software, a comprehensive system setup service is provided, which includes project management, consulting, communication, system setup, configuration, onboarding and training for key users and the HR department. In addition, the necessary coordination with the customer’s IT is carried out.
The implementation effort is calculated on the basis of the number of employees and the modules used. This effort covers all services required for the successful implementation of the system as well as a smooth transition into productive operation (Go-Live). After the “Go-Live” phase, the onboarding service ends. Thereafter, the TimeTrack support team is available to you for questions relating to the daily use of the TimeTrack Software.
The throughput time for the onboarding process depends on the planned Go-Live date and is coordinated at the beginning. The onboarding service does not include customizations that are not contained in the standard scope of functions of TimeTrack.
TimeTrack has standardized and flexible interfaces for integration into payroll, HR, ERP and IT systems. Time and project data relevant for billing can be exported automatically or provided via APIs; master data can be imported and synchronized.
The specific design, parameterization and setup of interfaces may be projectdependent and is not part of the standard service unless expressly agreed.
Access terminals enable secure and flexible access control to buildings and areas. In conjunction with TimeTrack, access and time tracking can be operated in an integrated or separate manner, including offline operation and central rights management.
Access readers at a glance:
This Service Level Agreement (SLA) governs the services and availabilities of user support as well as technical operation that are available to the customer during the contractual term in connection with the use of TimeTrack.
TimeTrack provides the customer with support services in connection with the use of TimeTrack.
The provider’s support services include in particular the following activities:
The ongoing support services do not include, in particular, the support, maintenance or further development of individually commissioned extensions, nor the support or adaptation of individual interfaces.
Support services shall only be provided if a sufficiently specific description of the error is submitted. Such description shall, in particular, include the malfunction, the affected product components, and the steps already taken.
The following are expressly excluded from user support in particular:
The provider shall provide the customer with a support e-mail address. All support requests are recorded and processed in a ticketing system for the mapping of the service and support process. The supported operation takes place on working days as follows: Monday– Thursday 09:00–17:00, Friday 09:00–13:00 (CET/CEST). Public holidays in Austria falling on weekdays shall not count as working days.
Support hours:
Regular support is provided on working days from Monday to Thursday from 09:00 to 17:00 and on Friday from 09:00 to 13:00 (CET/CEST). Public holidays in Austria shall not count as working days.
Prioritization of disruptions:
Disruptions are divided into appropriate priority classes according to their impact on the use of the software: Priority 1 (critical): Entire system or essential core function unusable, no workaround available Priority 2 (high): Essential function restricted, use significantly impaired, workaround only possible to a limited extent Priority 3 (medium): Non-critical function impaired, workaround available Priority 4 (low): General inquiries, minor errors, cosmetic defects
Response times:
TimeTrack confirms support requests within a reasonable period during support hours. For disruptions of Priority 1, the first qualified response is generally made within 8 business hours, for Priority 2 within 2 working days, and for Priorities 3 and 4 within 5 working days.
Error rectification:
TimeTrack does not owe success within a certain period, but will undertake commercially reasonable efforts to analyze, bypass or rectify reported errors according to their priority. If immediate rectification is not possible, TimeTrack will inform the customer of a solution approach or a reasonable workaround.
TimeTrack guarantees an availability of the TimeTrack Software of 99.0% on annual average, during which the provided service was not impaired by downtime. If the security of network operation or the maintenance of network integrity is endangered, TimeTrack is entitled to temporarily restrict access to the service as required.
Periods during which a disruption occurs due to the following events or circumstances shall generally not count as downtimes: the customer has reported a disruption although no disruption existed; a disruption caused by events outside TimeTrack’s area of responsibility. Planned maintenance work required for the security, stability or further development of the software shall, where possible, be carried out outside usual business hours. Where this is possible and reasonable, the customer shall be informed in advance about significant planned maintenance work. Periods of planned maintenance shall not count as downtimes.
The Licensor shall maintain appropriate backup and disaster recovery procedures designed to ensure a Recovery Time Objective (RTO) of no more than twenty-four (24) hours and a Recovery Point Objective (RPO) of no more than twenty-four (24) hours. Daily database backups shall be carried out.
Releases are carried out within the framework of a continuous integration and delivery process and serve to rectify errors and provide new or improved functions. In the event of changes relevant to use, the customer will be informed in advance or with the release. There is no entitlement to the provision of a release at a specific point in time.
