“Agreement” means these Terms and Conditions. “AVBTime” means the online timekeeping and invoice generation systems at the internet domain location of “avbtime.com.” “Subscription Fee” means the monthly fee (excluding any taxes) payable by you which AVBTime may change from time to time on notice to you). “Active User” means any named user who logged into AVBTime Consulting and/or AVBtime Contracting or a user who had charges incurred in their name during the billed month regardless of their current system status “Authorised user.” means any person, other than the Subscriber, that uses the Service with the authorisation of the Subscriber. “Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party. “Data” means any data inputted by you or other users of the entity you subscribed on behalf of into AVBTime. “Intellectual Property Right” means any patent, trademark, service mark, copyright, moral right, right in a design, software code, graphics, know-how, and any other intellectual or industrial property rights, anywhere in the world whether or not registered. “Service” means the online timekeeping and invoice generation services made available (as may be changed or updated from time to time by AVBTime Pty Ltd) via the AVBTime site. “Subscriber” means the person who registers to use the Service and includes any entity on whose behalf that person registers to use the Service. “AVBTime” means the company registered in Australia operating asAVBTime Pty Ltd. (ABN: 73 089 367 037) “Website” means the Internet-based information site at the domain AVBTime.com or any other site operated by AVBTime Pty Ltd. “You” means the Subscriber, and where the context permits, an Authorised user. “your” has a corresponding meaning.
AVBTime grants you the right to use the Service. This right is non-exclusive, non-transferable and subject to this Agreement. The Subscriber is responsible for determining who has authorised access to the System and their level of access to the Service. In addition, the Subscriber is responsible for all Authorised users’ use of the Service. You agree that you will use this Service in accordance with all applicable local, state, national and international laws, rules and regulations. You will ensure that no harmful code is introduced into the Service. AVBTime will provide access to the software in accordance with the subscription.
All Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of AVBTime. AVBTime holds the copyright to the design, coding and databases, business processes of the System. This includes all uploaded files, layout designs, graphics, articles, codes, news, tutorials, videos and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law.
The Data entered by you and your system users remains your property. However, your access to the Data is contingent on full payment of the AVBTime Subscription Fee when due. You grant AVBTime a license to copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the Services and for the protection of your data.
You warrant that you have the authority to register for the use of the Service on behalf of the entity or organisation.
While AVBTime intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services may be unavailable to allow for maintenance or other development activity to take place. In addition, there may be outages due to hardware and software failures: Delay in, or failure of performance by the Service does not constitute a breach of this Agreement if the delay or failure is caused by a Force Majeure, provided AVBTime claiming Force Majeure: gives notice to the other party within  days of the occurrence of the Force Majeure providing details of the Force Majeure and its anticipated likely duration and effect; continues to perform all unaffected obligations in accordance with this Agreement; uses its best endeavours to perform the affected obligations, whether by way of a Work-Around or other methods agreed with the other party; use reasonable endeavours to overcome the effects of the Force Majeure as promptly as possible and gives written notice to the other party within  days of the cessation of the Force Majeure. H2: Indemnity and Termination You indemnify AVBTime against all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation you may have to AVBTime, including (but not limited to) any costs relating to the recovery of any Subscription Fees that are due but have not been paid by you.
If you choose not to continue using the Services, you may delete your organisation in the Settings – Account section of the Service. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
When you first sign up for access to the Services, you can evaluate the Services under the defined trial conditions, with no obligation to continue to use the Services. If you choose to continue using the Services the first billing period will start on the termination of the 60-day trial.
These Terms will continue for the period covered by the Subscription Fee paid or payable. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided you continue to pay the prescribed Subscription Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If you terminate these Terms, you shall be liable to pay all relevant Subscription Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.
If you have any questions about these Terms and Conditions, you can go to our Contact Us page and complete our contact form, or contact us directly on firstname.lastname@example.org. For more information about our product or company, you can head to our homepage.
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