Valid from: 23.09.2019.
Hours OÜ, Estonian company registration nr 16434060, (hereinafter “Hours”), the owner and operator of the software (hereinafter the “Software”) that allows the recording of working time. The Software is made available in the following web pages www.hours.ee and www.hours.fi or on a digital application for the smart devices (Hours – Time tracking).
1. General Terms and Conditions
1.1. The software is designed for use by legal entities only. However, if a natural person (consumer) registers as the User of the Software in violation of Section 1.1 of these Terms, he will do so at his own risk and will knowingly waive his statutory consumer rights by knowingly using the Software for non-intended purposes.
1.2. Hours only provides the Software and its technical capabilities to Users, Hours is not responsible for the performance and content of employment contracts entered by Users, the correctness of the time entered by Employees, and the relationship between Employees and Users.
1.4. Hours is not responsible for the preservation of Employees’ employment contracts and other documents uploaded by Users. Software technology provides maximum security for the storage of documents, but the User must maintain backup copies of the documents himself.
1.4. Hours reserves the right to amend the Terms and Conditions and the Price List at any time. The change will take effect as of the publication of the Terms on the Hours.ee Website.
1.5. Failure to read the Terms does not relieve the User of any obligation arising from the Terms.
1.6. The Terms shall be governed by the law of the Republic of Estonia and disputes shall be resolved in the Harju County Court.
1.7. For any questions regarding these Terms or the Software, please contact firstname.lastname@example.org.
2. Hours Software and Services
2.1. Hours provides Users with a Web-based Software that enables them to calculate working hours, archive employee data, record job information and documents, manage employment contracts, create process and time-based summaries, differentiate types of work, and monitor workflow in real time. The software can be combined with accounting programs and NFC cards, a Finnish card “valttikortti” and so-called “buttons.” The Final Report generated through the Software does not contain errors, omissions or accidentally duplicated files.
2.2. The software can also be used on a smart device by downloading a digital application from the App Store or Google Play. The application is free for Users and Employees.
2.3. The Hours Software may be combined with physical recording devices such as NFC cards, “valttikortti” or so-called “buttons” that can be rented from Hours. The compatibility of existing tools must be checked beforehand by writing to email@example.com. For the best reliability, Hours can only be secured with the tools offered by Hours.
2.4. If the User wishes to order from Hours the physical devices of recording the working time referred to in section 4.3, please contact Hours OÜ at firstname.lastname@example.org for a separate price and other terms.
2.5. The Hours Software can be combined with User´s accounting and payroll accounting programs. Please contact Hours OÜ for info, setup and technical support at email@example.com.
2.6. Hours shall provide reasonable technical support to the User. Hours will respond to User’s request as soon as reasonably possible. If the User’s request requires expenses, the User will reimburse Hours for the advance payment as agreed. Without a User Account, Hours will respond to the User’s request only if it is possible.
3.1. Any information contained in this Software is the subject of copyright protection. Reproduction of this information for commercial purposes without the consent of Hours is prohibited. For written consent, please contact firstname.lastname@example.org.
4. Software Security
4.1. The Hours Software and its content are hosted on DigitalOcean server (more information: https://www.digitalocean.com), which is a highly secure environment for storing data and documents of all Users and Employees. The following measures shall be taken to ensure the highest level of security:
- The information submitted through the Hours Software is encrypted;
- Users passwords are stored only in a hashed form;
- The server is periodically maintained, software and hardware updates are done once a month;
4.2. Hours does not have access to any data, information, and documentation provided by Users about Employees. However, Hours has made every effort to ensure the retention of documents uploaded and uploaded to the Employee through the Software. Hours is not responsible for the activities of non-system influencers (so-called “hackers”) and does not warrant that any data and records of Employees will be retained in the Software.
5. Availability of Software
5.1. Hours endeavors to ensure good and consistent availability of the Software, but in no way always guarantees availability and does not exclude any malfunction.
5.2. Hours reserves the right, at any time, to suspend access to the content of its Software for technical or other reasons without prior notice to Users. As a result, Hours is not responsible in any way for any inconvenience or damage caused by such interference. Such malfunctions shall not give rise to refunds, reductions, or other forms of financial compensation for Software, services or products.
5.3. Hours shall not be liable for any damage resulting from the activities of third parties, including, but not limited to, distribution of computer viruses and spyware, hacking, theft of data (including personal data).
6. Paid User Account
6.1. In order to use the Software and the Services provided therein, the User must have a User Account. The User shall itself associate the Employees as a downstream user of the User Account. Hours has a contractual relationship only with the User, not with the Employees.
6.2. In order to register a User Account, the User must fill in the relevant registration form on the Hours Website and accept the Terms by clicking on the corresponding button, which is also available for viewing the Terms. The user account will be opened automatically after submitting the completed registration form to Hours.
6.3. Through the User Account, the User can upload documents and contracts about the Employees. The maximum size of a single uploadable document is 10 mb. For each Employee, the software allows to upload maximum 50 mb of documents and contracts.
6.4. Once a month, Hours will invoice the User in accordance with the Price List published on the website and the number of Employees. If the User has agreed to special terms or a discount with Hours, the discounted price is applicable. If the User has ordered additional services or products from Hours (eg physical devices for Employee registration), the corresponding amount will be added to the User’s monthly payment.
6.5. All fees paid by the User are non-refundable, in the event of late payment Hours may require the User to pay interest on the invoice. Hours may suspend or terminate access to the User Account if the User violates the payment terms.
6.6. Upon registration of the User Account, the User receives his / her username and password. The user shall take appropriate steps to keep the username and password confidential (eg regulates the automatic remembering of passwords in the Internet browser used). The username and password can be updated and changed by the User independently through the User Account. Hours requests to contact email@example.com for any User Account and login issues.
6.7. The User may close the User Account at any time. Hours shall delete the User Account after the User closes the Account or on its own initiative within a reasonable time after the termination of the User Account. Upon deletion of the Account, all User and Registered Employee data will be deleted from Hours servers.
6.8. Hours may change all charges without notice to Users. The updated fee will become effective upon publication of the Price List on the Hours website.
7. Free trial
7.1. The User may try the free trial of the Hours Software within 1 month by registering on this site according to the instructions.
7.2. The trial version will open to the User all the features included in the paid User Account.
7.3. After using the Trial, a written question will be sent to the User as to whether the User wishes to continue using the Software for a fee. If the User agrees, Hours will begin to invoice the User for the use of the software and the trial will become a paid user account without a new registration.
7.4. If the User does not register for a paid User Account after using the Trial, Hours will delete the User’s account opened in the Trial within a reasonable time after using the 1-month Trial. Upon deletion of the Account, all User and Registered Employee data will be deleted from Hours servers.
8. Users and Employees data
8.1. Hours has access and Hours only collects User Data (name and email). Hours does not have access to Employee data or documents entered by the User.
8.2. The Employee Data and Contracts entered into through the Software and the performance thereof shall be entered into by Customers without the intervention of Hours, and Customers shall also be responsible for performance of such Contracts and all other matters related to the conclusion of the Contract.
8.3. Users use the Software entirely at their own risk. Hours shall not be liable for the accuracy of the information entered by Users in the Software, or for compliance with any lawfulness, truthfulness, validity or good practice of any other information entered by Users or for the performance of other obligations of Users arising from the use of the Software.
8.4. Hours has the right to restrict the use of a User’s User Account if Hours becomes aware that the User is using the Hours Software in an unlawful or inappropriate manner or otherwise in violation of the Terms. Hours can be notified of any violations at firstname.lastname@example.org.
9. User Responsibilities
The User undertakes to:
9.1. Comply with these Terms when using the Software.
9.2. To pay for the use of the User Account in accordance with the Number of Employees and the Price List published on the Hours website.
9.3. Ensure that the data provided by the User when using the Software is not misleading, inaccurate and / or incorrect; do not infringe the intellectual property rights of third parties or any other proprietary and / or non-proprietary rights of third parties, including copyrights; is not contrary to law or any applicable law, nor is it contrary to good morals.
9.4. Not to upload materials containing viruses or other files that interfere with or otherwise interfere with the normal use or operation of the Software.
9.5. To keep a fixed password and User ID for use of the Software so that it will not fall into the hands of third parties, unless the User has been authorized to represent such third parties in the use of the Services.
9.6. Not to use the Software for fraudulent or any other illegal purposes.
9.7. Not to transmit data, documents, or any other content through the Software that you are not authorized to transmit or publish.
9.8. The User confirms, that by performing any action on the Software, it is a legally registered legal entity whose agent has full authority to use, act on, and commit to use the Software on behalf of such legal entity.
10. Hours Rights and Obligations
10.1. Hours shall have the right, at its sole discretion, to restrict or revoke the User’s right to use the Software if the User breaches the Terms materially or does not remedy any breach after a reasonable time granted by Hours or if the User fails to pay or delay payment of invoices.
10.2. Hours is entitled at any time to unilaterally amend and supplement the Terms and the Price List as a result of the development of the Software and in the interest of its better and safer use.
10.3. Hours will make every effort to provide the Software Service to Users and Employees at any time in the event of a failure, resolve it as soon as practicable, and provide Users with reasonable technical support free of charge, but cannot guarantee the Software’s and Technology’s performance.
11.1. You agree to use the Software at your sole risk and release Hours from any liability that may arise from your use of the Software or any inaccuracy, misleading, inappropriate, or any other circumstance of the information uploaded through the Software. You acknowledge that Hours is not responsible for, inter alia, the following:
- Any information uploaded through the Software for the accuracy, accuracy, completeness, timeliness, validity and legality of the Software. In doing so, Hours shall not be liable for performance or breach of the employment contracts of the Employees;
- Any interruption, interruption, suspension or other unavailability of the Software or the Service provided therein;
- Any Software bugs, viruses, Trojan horses, etc., which may be transmitted by or through the Software or the programs or services provided with the Software;
- Deletion or inability to save any content or data;
- Users for Behavior with the Software;
- Software incompatibility with physical resources or other programs;
- Any deficiencies in the Customer Account;
- Incorrect use of the username and password by the User;
- Using the Account through a web browser that is not supported by the Software;
- Deficiencies due to the mobile operator.
11.2. Hours shall not be liable for any infringement that the User has committed against any third party, including intellectual property rights.
11.3. The User agrees to indemnify Hours for all costs, damages, claims and expenses (including legal fees) arising directly or indirectly from Customer’s breach of the Terms or any applicable legal provisions.
12. Other provisions
12.1. The User understands that the Software is intended for use by legal entities only. By using the Software and / or accepting the Terms, Hours provides the Service to the User with the User’s consent and therefore the User is not entitled to withdraw from the ordered service in accordance with the special consumer’s right of withdrawal.
12.2. The User has the right to terminate the legal relationship formed at any time by agreeing to the Terms and Conditions by giving notice to Hours. In this case, Hours will delete the User Account and the User and Employee data, and documents uploaded by the User.
12.3. Hours will not be liable for any loss of income, income, goodwill or indirect, incidental or consequential damages in connection with the Terms or the use of the Software, whether contractual or extra-contractual.
If you have any questions, please contact Hours OÜ:
Phone: +378 401826272