These General Terms and Conditions (GT&C) represent a part of the contract which represents an integral part for any utilisation of the software and services offered by us. This also applies to the test and demo accounts of the TIMEJOE software as well as the monthly charged booked accounts. Please carefully read these provisions. They apply to all customers of the TIMEJOE Ltd. and form an integral part of the business relationship.

1. Contractual Partners

These General terms and Conditions regulate the cooperation between the provider (Timejoe Ltd.) and the customer (you, respectively your enterprise).

2. The Subject Matter of the Contract

The subject matter of the contract is the software "Timejoe", which is provided as a service by Timejoe Ltd. The software serves for the registration of project, respectively customer-related working times. The utilisation of the software is conducted via the internet on the available access paths which is usually via the internet browser selected by the user. Access-related software, e.g. browser, as well as the internet connection to the Timejoe software are not part of the service offer and must be performed by the user himself.

3. Performances

The Timejoe Ltd. makes the software "Timejoe" available for utilisation as an internet-based software and provides the web server, the connection to the internet and the data protection. Hereby, the Timejoe Ltd. warrants for an availability of the services of 99 % and a daily complete backup of all data. The performances of the offered services, respectively the Timejoe Software can be tried in a temporally restricted test phase.

4. Rights of Use

The use of Timejoe is conducted as a service. The service is made available via internet. Upon conclusion of the contract, the customer will receive the exclusive right to use the offered service. No sublicenses in the right of use may be granted and they are not transferable. An assignment of the right to use does not take place. The utilisation of the service is exclusively only permissible during the temporally restricted test phase as well as during the term of the contract and exclusively only by the contractual partner and the respectively authorised personnel of the same. The number of authorised users of the contractual partner results from the chosen contract and the respectively selected number of active users.

5. Co-operation Duties

The customer shall, at his own expense, provide the access software (Internet Browser) and the internet connection to the offered service. In addition, the customer undertakes to use the service according to the intended use. This in particular excludes the utilisation of technical auxiliaries or methods (Software, Scripts, Bots etc.), which could impair the function of the offered service.

The customer undertakes to protect his access data and the access data of his personnel from the unauthorised access by third parties.

6. Test Phase

The Timejoe Ltd. makes the software "Timejoe" available free of charge for a temporally restricted time. The Timejoe Ltd. is entitled to unilaterally terminate a free test phase at any time without stating any reason. An entitlement to a performance of the customer against the Timejoe Ltd. is not constituted by the utilisation of the test phase. Likewise, the customer does not have a claim to be granted a free test phase. The request of a customer to be granted a free test phase, respectively a test version, can be turned down by the Timejoe Ltd at an time without stating any reason.

7. The Conclusion of Contract

A conclusion of the contract is concluded at the point of time the customer applies a free test phase (see Item 6). After expiry of the test phase, the contract is automatically reversed unless the customer extends the contract through transition to a user contract subject to charge. The according option can be found by the customer in the Timejoe software in the menu item “Account Settings”.

8. Accounting and Payment

The utilisation of the software subject to charge following the free test phase is cleared in advance on a monthly basis. The calendar month shall apply. The customer is able to upgrade his account at any time. This is connected with higher costs, which will be stated in the account administration. A downgrade of the account is only possible 1 month after the upgrade at the earliest.

The payment is effected according to the type of payment selected by the customer. The Timejoe Ltd. is entitled to amend the offered payment methods, i.e. to cease to offer existing payment methods, and to introduce new payment methods at any time. It is the own responsibility of the customer to effect his payments according to one of the offered payment methods in due time.

9. The Suspension of Performance in Case of Default of Payment

In case of default of payment, the Timejoe Ltd.is entitled to completely or partially suspend the performance at any time. The customer is in default of payment if bills are not completely paid after 30 days of their receipt.

10. Termination

A termination of the contract by either of the contractual parties (provider, customer) is permissible at any time with prior notice of 4 weeks to the next calendar month. The termination must be conducted in writing via letter or by deduction of the selected account to 0 users in the account settings in the software.

After termination of the contract by the customer or the provider, the Timejoe Ltd. is entitled to delete collected and stored data. The customer may establish an export of all collected times as csv- or Excel-Export.

11. Data Protection

The Timejoe Ltd. is commissioned by the customer to store all data collected in the scope of the offered “Timejoe” service. The Timejoe Ltd. undertakes to protect this data and will only store it internally and not make it accessible to third parties.

For the performance of payments, the transfer of person-related data to third parties (payment services, banks, credit card providers) is necessary. This however only includes the data necessary for the performance of the payment. 

A transfer of data out of the time registrations (customers, tasks, personnel, project periods) to third parties will not take place at any time.

12. Liability Limitations

The Timejoe Ltd. is liable without restriction for all damage caused by it based on intent and gross negligence. In case of slight negligence, the Timejoe Ltd. is liable without restriction for damage to life, the body or the health.

The Timejoe Ltd.is not liable for damage resulting from the utilisation of the software nor for possible loss of data. In particular excluded is the compensation for working times which are no longer listed in the Timejoe software due to data loss.

13. Amendments to the General Terms and Conditions

The Timejoe Ltd. reserves the right to amend these General Terms and Conditions. The amended General Terms and Conditions will be published on this location and also be forwarded to the customer via eMail. The amended General Terms and Conditions shall apply in so far as the customer does not object within 14 days. If the customer does object the amendment of the General Terms and Conditions, the Timejoe Ltd. is entitled to terminate and end the contractual relationship to the end of the current accounting month.

14. Final Provisions

The law of the Federal Republic of Germany shall apply. The Uniform Law on the international Sale of Goods (CISG) shall not apply. If the user is a legal entity or merchant, Starnberg, Germany, will be the exclusive legal venue for disputes resulting out of this contractual relationship.

Should any of the provisions of these General Terms and Conditions not be valid, this shall not affect the validity of the remaining provisions.