General Terms and Conditions

TimeTrack Enterprise and TimeTrack Cloud

1. General:

The company TimeTrack GmbH (hereinafter referred to as “TimeTrack”) offers the use of a time tracking software on the website www.timetrackapp.com. The General Terms and Conditions apply to all services and deliveries that TimeTrack provides to its customers. They also apply to future business, even if not expressly referred to. Conditions of the customer are hereby excluded for the present legal transaction and the entire business relationship.

2. Contract Duration:

2.1 TimeTrack Enterprise

The customer can purchase a monthly or an annual subscription. The subscription contract can be terminated at any time until the expiry of the selected subscription term. If the contract is not cancelled in time, the subscription will be automatically extended for the duration of the currently selected subscription (a monthly subscription will be extended for another month or an annual subscription will be extended for another year). The customer can cancel the subscription by submitting the appropriate declaration (“Cancel Subscription”) on his online account under “Settings”. Cancellation by e-mail or fax is only possible for those customers who have selected the payment method “on invoice”.

After cancellation, all payments that are still due will be determined as part of a final invoice. These will be invoiced to the customer and are due promptly. TimeTrack expressly reserves the right to terminate the contract for important reasons (misuse, unauthorized subletting, etc.).

2.2 TimeTrack Cloud

The customer can purchase a monthly or annual subscription from Apple. The subscription contract can be cancelled at any time until the end of the selected subscription term. If the contract is not cancelled in time, the subscription will automatically be extended for the duration of the currently selected subscription (a monthly subscription will be extended for another month or an annual subscription will be extended for another year). The Customer may cancel the subscription directly with Apple by submitting appropriate declaration (“Cancel Subscription”) on his iCloud account under “Subscriptions”. This process must be requested from Apple, because Apple is the mediator of the subscription and TimeTrack only provides the software. Subscription management is done exclusively by the Apple account and TimeTrack has no possibility to intervene here.

TimeTrack expressly reserves the right to terminate the contract by deactivating access to the web app for important reasons (misuse, unauthorized subletting, etc.).

3. Pricing/ VAT:

3.1 TimeTrack Enterprise

Only the prices listed on the website www.timetrackapp.com apply. The offered products for business customers (Standard, Premium, Gold) are net prices. TimeTrack expressly reserves the right to change the listed prices (exclusively for inflation adjustment) during the contract period.

If the customer is domiciled in an EU country, TimeTrack will charge the current VAT for the respective EU country in addition to the net price, unless the reverse charge system is applied (i.e. if a VAT number is provided, no VAT will be charged to the customer from EU countries). Austrian customers are excluded from the reverse charge system, because TimeTrack is based in Austria and is obliged to always charge VAT to Austrian customers. For all customers located outside the EU, only the net price will be invoiced and the customer is responsible for paying any VAT that may have accrued in his or her country of residence.

If the customer only subsequently discloses his VAT number, the customer shall not be entitled to a refund of the VAT already charged. The VAT already charged will be forwarded to the responsible tax office and may be reclaimed directly from the tax office (and not from TimeTrack). Only with the announcement of the UID number via the web app, TimeTrack is entitled not to charge VAT for EU customers outside of Austria and this is done with the next order. Any change of the UID number must be communicated to TimeTrack immediately.

If the number of users changes during the subscription period or if another product is purchased, the subscription price will be increased or reduced aliquot and the customer will receive a new invoice within a few days. If a credit note is issued in the course of billing, this will be taken into account accordingly in future customer payments. The customer is not entitled to a refund of the credit.

3.2 TimeTrack Cloud

Only the prices listed in the App Store apply. Apple charges VAT depending on the country and in accordance with the law. Always contact Apple for pricing and billing.

4. Payment and Billing:

4.1 TimeTrack Enterprise

Payment can only be made by credit card Mastercard or Visa (customers from the USA can also pay with American Express). If a customer is more than four days in arrears with payments, this entitles us to deactivate access to the software, terminate the contract and pursue 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 charge an additional fee of EUR 10,- per failed booking after two failed bookings.

4.2 TimeTrack Cloud

Payment is made exclusively through the iCloud account and directly with Apple.

5. Terms of Use:

TimeTrack provides the software to the customer to cover the functionalities described on the website www.timetrackapp.com and selected by the customer 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, pass on or modify the software in any way. The services offered by TimeTrack, including the possibility to use functionalities of the software, are exclusively services.

The customer is obliged to truthfully provide all information required for registration. The customer is obliged to protect the access data for his account from unauthorized knowledge of third parties. The customer is prohibited from misusing the services of TimeTrack. If the customer violates these terms of use, TimeTrack will revoke the customer’s right to continue using the software without reimbursement of any costs. If the software is operated on servers of the customer, TimeTrack reserves the right to delete the software from the servers of the customer. The necessary accesses are to be provided to TimeTrack. The customer shall take reasonable precautions to prevent malfunctions of the software as far as possible or to minimize their consequences: in particular, data backup according to the state of the art, fault diagnosis according to the state of the art and regular checking of the data processing results. The customer shall immediately report any unauthorized, improper use or fraudulent use of its software, as well as any suspicion that the software may be exposed to such a danger, by email.

6. Scope of Services and Accessibility:

The scope of services of the offered products is shown on the page www.timetrackapp.com. The contracting parties are aware that due to the particular complexity in the area of transport and processing of data, no one hundred percent security can be guaranteed. Therefore, general rules on service failures and compensation for damages are to be understood and applied against the background of the special technical conditions found in these areas. TimeTrack provides services with the utmost care. Excluded from this warranty are defects and events for which TimeTrack is not responsible.

TimeTrack is entitled to change the agreed scope of services at any time if this results in an improvement of the services concerned, if a change in the legal situation requires this, if such a change is expedient based on practical experience, or if the change is customary in the trade and is reasonable for the customer, taking into account the interests of both parties.

The customer may use the subject matter of the contract exclusively for his business and the business cases arising there. The consumer protection provisions shall therefore not apply. In particular, the customer may not (i) make the software available to third parties – in whatever form (e.g. renting or application service providing) and/or (ii) use it for business cases of third parties. The customer may not – without the express consent of TimeTrack – make any changes to the server.

7. Indemnification:

TimeTrack is not liable for damages caused by actions of third parties, force majeure (e.g. fire and water damage, direct or indirect lightning strike) or influences by the customer or his employees. In addition, TimeTrack is in no case liable for lost profits, consequential damages, non-material damages, savings not achieved, loss of interest, financial losses and claims of third parties under the title of product liability. TimeTrack is not liable for the content, accuracy or completeness of data or content transmitted by the customer. 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 that are due to intentional or negligent handling or incorrect operation by the customer or his employees, for example as a result of non-compliance with TimeTrack’s instructions, hacker attacks, errors at the server provider (in the case of a rented server), viruses and Trojans via the user’s network, etc. TimeTrack also assumes no liability for damages that are due to intentional or negligent handling or incorrect operation by the customer or his employees. Likewise, TimeTrack is not liable for malfunctions in and to the Internet, for attacks by third parties and for data loss and damage.

TimeTrack is not liable for slight negligence. In case of gross negligence, TimeTrack is liable for any damages, whereby the maximum liability amount is limited to the agreed monthly/annual service fee or the agreed license costs.

Should the Customer violate legal regulations in connection with the use of the software, it shall indemnify and hold harmless the Contractor against all resulting claims of third parties.

TimeTrack will access the customer’s data if necessary – for error analysis or to ensure the proper functioning of the software. A daily backup of the data will be set up on TimeTrack’s Dropbox account. However, TimeTrack does not keep a daily check of the backup. The check is performed once a month and in case of an error, the backup is set up again. For On Premise customers, a daily backup of the data on the customer’s own Dropbox account can be additionally purchased by the customer. In this case, TimeTrack does not control the proper daily backup of data. In any case, it is not TimeTrack’s responsibility to monitor or check whether the stored data contains illegal content. Liability for changes, damage, deletion or loss of data is hereby expressly excluded.

8. Warranty

TimeTrack warrants the subject matter of the contract in accordance with §§ 922 ff ABGB (Austrian Civil Code) and the conditions set forth in these General Terms and Conditions. Furthermore, TimeTrack guarantees that the contractual use of the subject matter of the contract by the customer does not interfere with the rights of third parties. However, the customer must prove that a defect exists, whereby a material defect must be reproducible in any case; the presumption of defectiveness according to § 924 ABGB does not apply. The Customer assumes an obligation to inspect and give notice of defects in accordance with § 377 of the Austrian Commercial Code (UGB) with regard to all services of TimeTrack in the execution of this contract, otherwise the legal consequences standardized there shall apply. In any case, the customer has to notify TimeTrack in writing of all deficiencies in performance. The Customer shall notify TimeTrack of all defects in writing and without delay, providing a detailed description of the defect or, if this is not possible, the symptoms of the problem, as well as all information that may be useful for the elimination of the defect. The contracting parties hereby agree that it is not possible according to the state of the art to develop programs/software in such a way that they are error-free for all applications. In the case of material defects, TimeTrack first has the option to carry out improvement (rectification or addition of what is missing) in any case. Within the scope of the warranty, the customer has to accept a new or modified object of the contract, if the contractual functional scope is maintained and the acceptance does not lead to considerable disadvantages, which have to be proven by the customer. The limitation period for all warranty claims is six months and begins with the conclusion of the contract. If the server is registered with the external server provider, the customer can get the access data for the server. However, in this case the warranty expires and the customer remains responsible for the changes made by him to the server.

9. Rights of Use:

It is noted that the source code of the software is not part of the subject matter of the contract.  The Customer may not make any changes to the delivered source code on the server and, in particular, is not authorized to use the source code for non-contractual purposes. TimeTrack will occasionally perform a revision of the number of users on the On Premise Customer’s server in order to verify the number of users and, if necessary, to prevent misuse of the Source Code. If the On Premise Customer has its own server, TimeTrack must be guaranteed access to the server for auditing and support at all times.

All claims and rights to software and related documents, to services, work results as well as to the technical know-how of TimeTrack and the related trade secrets, especially copyrights, trademark rights and patent rights, rights to inventions as well as other industrial property rights, belong exclusively to TimeTrack. All rights, which are not expressly granted to the customer in writing, are reserved to TimeTrack. This also applies to – in whatever form and in whatever context – any processing of the subject matter of the contract or parts thereof carried out by TimeTrack.

10. Changes to the GTC:

TimeTrack reserves the right to adapt or change the General Terms and Conditions. If the customer does not object to the changed terms and conditions in writing within three working days after receipt of the notification, the changed GTC are considered accepted.

12. References:

TimeTrack is entitled, taking into account data protection and confidentiality, to describe the service provision underlying the contract by naming the customer as a reference project and to publish this description. This also includes the use of logos, product names and other trademarks of the customer protected by trademark law. 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.

13. Final Provisions:

The exclusive place of jurisdiction is agreed to be Vienna, Austria. The place of performance is also Vienna.

The contractual relations of the contracting parties shall be governed exclusively by Austrian law.

The contracting parties agree on the written form 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 provision that comes as close as possible to the economic purpose of the invalid provision.

Last updated: 13 January 2021