Customer Agreement (Terms of Service) Use of Ontheclock.com is subject to certain terms and conditions. The terms and conditions (“Terms of Use” or “Customer Agreement”) and the privacy policy (“Privacy Policy”), apply to use of this website (the “Site”). This Terms of Service is a legal agreement between you and OnTheClock.com, LLC that governs your access to and use of our time clock service. Please review this entire Terms of Service before you decide whether to accept it and continue with the use of the service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
Ownership of Service: Ontheclock.com is a service provided by OnTheClock.com, LLC.
Description of Service: OnTheClock.com is a web based time clock system. It allows employees to punch in/out over the web. Administrators and managers can view, print and manage timecards.
Privacy Policy: Please refer to the “Privacy Policy” section to view the current privacy policy.
Acceptance of Terms: By accessing and using the Site, or by clicking “I Accept” when signing up for a user account at the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy referenced herein. If you do not accept these Terms of Use and the Privacy Policy you are not authorized to use this Site. Ontheclock.com may make modifications to the foregoing at any time and such modification will be effective upon posting to the Site. Your continued use of the Site after any modifications to these Terms of Use shall indicate your agreement with such modified terms.
Additional Terms: Some portions of the Site may have additional rules guidelines or terms posted. If there is a conflict between these Terms of Use and the rules, guidelines or terms posted for a particular area of the Site, the latter will prevail regarding your use of that area of the Site. In addition, in order to activate your account, your employees and users of Ontheclock.com services may involve agreeing to the terms and conditions of a license or other agreement.
Pricing and Modifications to the Service: Please refer to the “Pricing” section to view the current OnTheClock.com fees. Ontheclock.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Ontheclock.com Site (www.Ontheclock.com.com) or the Service itself. Ontheclock.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Billing: OnTheClock.com bills at the end of the month for the month’s service. It is usually the last day of the month, but may vary if on a weekend or holiday. OnTheClock.com pricing is based on the number of employees that you have listed in your account during the month. Any employee that is listed in your Employee List is considered an Active employee. It is the responsibility of your company’s Administrators or Managers to maintain your employee list by deleting employees when they no longer work for your company. Any employees that are listed or have been listed within 20 days of the billing date are charged for that month.
Payment, Refunds, Upgrading and Downgrading Terms: A valid credit card is required to activate your account. Trial accounts are not required to provide a credit card number until the trial period ends. The Service is billed on a monthly basis for the previous month of service and is non-refundable. Use of the service for 14 days will be considered as billable for the month. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All 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. For any upgrade or downgrade in services, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Free Accounts: A valid credit card is required to be on file for free accounts after the 30 day trial period. If you have less than 2 employees we will not charge your card. If however more than 2 employees are activated during the month, we will charge the card according to our standard pricing schedule.
Cancellation and Termination: The Administrator of the account is solely responsible for properly canceling your account and needs to email support@ontheclock.com requesting the cancellation of the account. Cancellation consists of a termination of your account. All of your Content will remain on our system for one year after cancellation and it may be deleted from the Service after that time. Please note that this information cannot be recovered once it is deleted.
If you cancel the Service before the 14th day of the month, your cancellation will take effect immediately and you will not be charged again. If you cancel on or after the 14th day of the month you will be billed for that month before your account is canceled. Ontheclock.com, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Ontheclock.com service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Ontheclock.com reserves the right to refuse service to anyone for any reason at any time.
Client area account: The Administrator is responsible for maintaining the security of your client area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Ontheclock.com of any unauthorized uses of your account or any other breaches of security. Ontheclock.com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility for Time Card Data: Ontheclock.com does not and will not modify time card data and therefore is not responsible for the accuracy of any time card data. It is the Administrator of the account and or his/her managers that are responsible for the accuracy of all time card data. It is the responsibility of the Administrator or the manager/managers he/she designates to download all pay periods on a timely basis so their company has a record of the time cards.
Deletion of employees: Ontheclock.com does not and will not delete any of your employees and therefore is not responsible for the loss of any time card data that occurs when an employee is deleted. When an employee is deleted, they are put into a Special Holding Bin (similar to the recycle bin on your computer), this way they are not deleted permanently and the data will be retained. The deleted employee's time cards are still available and can still be viewed in the Time Cards section. You do not have to restore the employee to see previous time card data. Deleted employees will remain in the Special Holding Bin until you decide to Restore them. You can restore the employee any time you want to re-instate the employee with your company and their employee record will be restored. If you Restore the employee and then delete them again you will be charged for that employee during the next billing cycle as if they are still in your employee list for that month. So do not restore them unless you are re-instating them with your company. Deleted employees need to be deleted for 20 days in order to not be billed for them. This prevents anyone from deleting employees before the billing date and then re-instating them after the billing was done so as to avoid paying for them.
Password Protection: Access to, and use of, password protected areas of the Site is restricted to authorized users only and you may not share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify Ontheclock.com immediately of any unauthorized use of your password(s) or account(s).
Content: This Site contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the “Content”). The Content may be owned by us or may be provided through an arrangement Ontheclock.com have with others, including other users of the Site. The Content is protected by copyright under both United States and foreign laws and may not be modified or altered in any way. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as specifically provided in these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. If you violate any part of these Terms of Use, your permission to access and/or use the Content and the Site automatically terminates.
Third Party and User Content (Logos): The Site may now or in the future permit the submission of Content at the direction of third parties and users of the Site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, Ontheclock.com does not guarantee any confidentiality with respect to any submissions you make. You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. Ontheclock.com and also reserves the right to decide whether User Content is appropriate and complies with these Terms of Use for copyright infringement and violations of intellectual property law, as well as other violations, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Ontheclock.com may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.
Links to External Sites: The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. In addition, some areas of the Site may contain links to External Sites posted, stored, or displayed at the direction of users of the Site, for which Ontheclock.com and our Service Providers cannot accept any responsibility or liability.
Permitted Use: This Site is for the personal use of our customers to manage their time keeping needs. It may not be used in connection with any commercial endeavors except those that are specifically approved by us or our Service Providers. You may not access or utilize the Site in any manner that could damage, disable, overburden, or impair any Ontheclock.com accounts, computer systems or networks. You may not attempt to gain unauthorized access to any parts of the Site or any Ontheclock.com accounts, computer systems or networks. You may not use any robot, spider, scraper or other automated means to access the Site or any Ontheclock.com accounts, computer systems or networks. You may not access, download, use or export the Site, or the Content provided on the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
Site Security: You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site include without limitation:
1. logging into or attempting to log into a server or account that you are not authorized to access; 2. accessing data or taking any action to obtain data, information or services not intended for you or your use; 3. attempting to probe, scan or test the vulnerability of any system or network; 4. tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures; 5. transmitting material that contains viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer's functionality or the operation of the site.
Indemnification: You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content, User Content or the Site. Ontheclock.com shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. Ontheclock.com reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Disclaimer of Warranty and Limitation of Liability: WE, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. NEITHER ONTHECLOCK.COM SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT (INCLUDING THE USER CONTENT) AT YOUR OWN RISK. ONTHECLOCK.COM DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT (INCLUDING THE USER CONTENT) ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT (INCLUDING THE USER CONTENT) RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ONTHECLOCK.COM SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE SITE AND CONTENT (INCLUDING THE USER CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ONTHECLOCK.COM HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT SHALL ONTHECLOCK.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT (INCLUDING THE USER CONTENT), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A ONTHECLOCK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
General Conditions: Technical support is only provided to paying account holders and is available via email and phone. You understand that Ontheclock.com uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required in running the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Ontheclock.com service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Ontheclock.com. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Ontheclock.com customer, employee, member, or officer will result in immediate account termination. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Ontheclock.com) of other Ontheclock.com customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. Ontheclock.com does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.
Accountant Marketplace: "You are accessing a directory of independent contractors, self-identified as accountants, bookkeepers, and payroll providers. OnTheClock has posted their contact information on the site in order to be a resource for OnTheClock visitors or customers to hire for a fee. OnTheClock does not require or recommend you enter into a business transaction, but you may choose to do so, or take advice from, AT YOUR OWN RISK. Nothing in this agreement shall constitute (or be deemed to constitute in law or in equity) a partnership, agency, fiduciary, distributorship, employment, or joint venture relationship between the parties. Neither Party is, or will be deemed to be, the legal representative or agent of the other, nor shall either Party have the right or authority to assume, create, or ensure any Third Party liability or obligation of any kind, express or implied, against or in the name of or on the behalf of another. By clicking on their contact information or website link, you will be going to another website not owned or operated by ONTHECLOCK.COM. ONTHECLOCK.COM is not responsible for the availability or content of this website and does not represent either the linked website or business should you enter into a transaction. We encourage you to review their terms of service, privacy, and security policies which may differ from ONTHECLOCK.COM."
Miscellaneous: These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us and our Service Providers without restriction. These Terms of Use are governed by the internal substantive laws of Michigan, without respect to its conflict of law’s provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Detroit, Michigan. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to such subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sub-licensees.
