Terms and Conditions

Welcome to the website of the AVBTime Pty Ltd and to AVBTime Consulting and AVBtime Contracting online timekeeping and invoice generation systems (the Service). AVBTime is developed and provided by AVBTime Pty Ltd (AVBTime). These Terms and Conditions of use explain our obligations as a service provider and your obligations as our customer. Please read them carefully. These Terms of Service are binding on any use of the Service and apply to you from the time that AVBTime Pty Ltd provides you with access to the Service. However, they are not intended to answer every question or address every issue raised by the use of the AVBTime Service. AVBTime Pty Ltd reserves the right to change these terms of service at any time, effective upon the posting of modified terms and AVBTime will make every effort to communicate these changes to you via the Website and the Service. It is likely the terms of use will change over time. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Website. These terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in New South Wales. We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction. By subscribing to the Service, you acknowledge that you have read and understood these Terms and have the authority to act on behalf of any person or entity for whom you are using the Service. You are deemed to have agreed to these Terms of Service on behalf of any entity for whom you use the Service.

Definitions

“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.

Use of Software

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.

Confidentiality and Privacy

AVBTime will endeavour to keep all Subscriber information private in accordance with our Privacy Policy. The subscriber authorised users, and AVBTime will preserve the confidentiality of all Information contained within the Service. No party will, without the prior written consent of the others, disclose or make any Confidential Information or intellectual property available to any person, or use the same for its benefit. Each party’s obligations under this clause will survive termination of these Terms.

Intellectual Property

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.

Your Data

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.

Authority

You warrant that you have the authority to register for the use of the Service on behalf of the entity or organisation.

Service Availability

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 [7] 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 [7] 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.

Termination

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.

Trial Evaluation

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.

No-fault Termination

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.

Contact Us

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 support@avbtime.com. For more information about our product or company, you can head to our homepage.

© copyright AVBTime Pty Ltd 2019 All Rights Reserved