Terms of Service Agreement - TimeSavr.net

The Website's sole owner granting this service is Kwiksol Corporation (the "Provider").

Definitions

For the purposes of this Service Agreement (the "Agreement"), Website refers to all "Protected Content," defined as:

  1. content;
  2. expressions;
  3. functions;
  4. images;
  5. layouts;
  6. designs;
  7. anything else that can be protected by law as intellectual property;

Made available by the Provider for the following "Core Purposes," defined as:

  1. keeping track of fees, charges, payments, and outstanding balances;
  2. exporting transactions and records into Quickbooks or other software programs;
  3. tracking child attendance;
  4. tracking staff hours;
  5. creating attendance schedules;
  6. creating profiles;
  7. tracking transaction histories;
  8. creating reports, including but not limited to:
    1. staff payroll reports;
    2. staff and child subsidy claim form reports;
    3. allergy and diet restriction reports;
    4. family profile reports;
    5. transaction reports;
    6. checklist reports;
  9. creating annual tax receipts for customers;
  10. any other purposes which are related to or derived from the above mentioned now or in the future are included in this definition as suited by the circumstances at the time;

Currently made available through the domain name "timesavr.net," although this domain name is subject to change.

Copyright

The Website is protected by copyright and is the sole property of the Provider. The Provider asserts the full extent of his protection under the law for this Website, whatever that law may be and wherever that law may be found. You are only permitted to make use of this Website by virtue of this Agreement and are strictly bound by its terms.

In accordance with the terms of this Agreement, The Provider shall grant you access to and use of the Website, which:

  1. is exclusive in the sense that only you are being given the right under this Agreement to access and use the Website;
  2. but is non-exclusive in the sense that other individuals with Service Agreements can access and use the same Website;

You are permitted to:

  1. use the Website for the Core Purposes;
  2. allow employees to use the Website on your behalf strictly in the course of their employment and only for the Core Purposes;
  3. upload and store information for the Core Purposes;
  4. terminate this Agreement at any time.

Your obligations under this Agreement are to:

  1. comply with all applicable laws governing the use of the Website and anything related to its use;
  2. comply with the Agreement's terms;
  3. take appropriate security precautions to protect your login credentials for the Website;
  4. take reasonable steps to prevent the introduction of "Malware" to the Website, defined as:
    1. viruses;
    2. worms;
    3. trojan horses;
    4. spyware;
    5. spam;
    6. malware;
    7. bugs;
    8. any kind of software bearing a similar purpose to the above mentioned;
  5. adopt proper policies and procedures in the collection of personal information in accordance with applicable law; See FOIP & PIPA below.
  6. indemnify the Provider against any claims stemming from:
    1. your use of the Website;
    2. use by a third party, whether by:
      1. virtue of this Service Agreement;
      2. failure to take reasonable steps to prevent unauthorized use;
      3. failure to take appropriate security precautions to protect your login credentials;

For the purposes of this Agreement, you are deemed to have failed to take reasonable steps or appropriate security precautions if such use by a third party results in a claim unless you can provide proof to the contrary on a balance of probabilities. You shall pay full solicitor-client costs and disbursements to the Provider in relation to any claims to which you have agreed to indemnify the Provider.

You cannot:

  1. use the Website in any way that violates applicable law;
  2. permit any individual:
    1. not a party to this Agreement to benefit from the Website's use. For clarity, an employee may use the Website under your direction, but it can only be in the course of their employment; Parents of children may use the Website without direct access to login credentials and under your direction but only for the purposes of signing their own children in or out and access must be accordingly restricted to parents by using the security profile features of the website.
    2. not a party to this Agreement to use the Website in violation of this Agreement's terms;
    3. acting under your authorization in accordance with the terms of this Agreement to use the Website in violation of this Agreement's terms;
  3. upload and store data intended for the Website for a purpose other than the Core Purposes;
  4. reproduce, copy, duplicate, or transfer any Protected Content;
  5. use the Protected Content for or in relation to a purpose other than the Core Purposes;
  6. transfer, assign, or sell your rights and obligations under this Agreement to another individual;
  7. introduce any Malware;
  8. overload the server or bandwidth the Website is contained on;
  9. do any action that tends to hamper the normal operation of the Website;
  10. attempt to access any data other than the data which you have uploaded or are intended to access through the proper use of the Website;

Without your consent or providing notice, the Provider may:

  1. assign some or all of their rights and obligations under this Agreement to another individual;
  2. modify any features or access to the Website;
  3. modify any policies in relation to accessing the Website;
  4. change the Website's internet address;
  5. modify the Website at any time;
  6. deny you access to the Website for any reason and in any lawful manner;
  7. modify any term of this Service Agreement, except the Payment Terms;

The Provider may change the Payment Terms at any time. If you do not accept the new Payment Terms, your rights and obligations under this Agreement will be terminated and you will be denied access to the Website. Continuing to use the Website after you are aware of new Payment Terms constitutes acceptance. An interruption in payments as they become due immediately after the change has taken place constitutes refusal. Such refusal shall be deemed to be in effect once the payment has been missed, but not before.

Payment Terms:

  1. this Website is provided to you for your use on a subscription basis;
  2. the cost of this Service is $55.00 CAD per month, unless otherwise arranged through a promotional offer;
  3. payment for the subscription must be received through a third party provider such as PayPal;
  4. third party providers contain their own terms which you must comply with;
  5. Each subscription term shall be 12 months, with the exception of the initial term which is a 2 month free trial
  6. payments shall continue to the third party provider without interruption. Any interruption will result in denied access. Interruptions include:
    1. inadvertent failure to pay;
    2. cancelling the third party provider's service;
    3. paying from a source that becomes invalid, such as a credit card that expires or bank account has been frozen or closed;
    4. your credit limit was exceeded or your bank account has insufficient funds;
    5. your subscription was cancelled by your third party provider;
    6. any event that causes the payment to not be received when due;
  7. all payments once received by the Provider are non-refundable, regardless of whether the entire month was used or not.

The Provider reserves the right under this Agreement to restore your access to the Website notwithstanding an interruption in payment, but is not obliged to. All access to the Website is solely within the Provider's discretion in any event.

Liability

The Website is provided as is and at your own risk. The Provider does not warrant or represent that the Website or its use:

  1. will be available;
  2. will meet your requirements;
  3. will not have any delays or errors;
  4. will not have any Malware;
  5. will be in accordance with applicable law.

The Provider is not responsible for any damages arising from your use of any internet service providers, or facilitators of any kind to gain access to the Website. Furthermore, you are responsible for ensuring uninterrupted payments with your third party payment provider.

Data

When you access any web page, information is collected about you such as your I.P. address, which may identify you, depending on standards followed by your internet service provider. You may wish to ask your internet service provider about their policies and practices in this regard.

Any information collected by the website is held for you to be used for the Core Purposes only. The Provider will not make any use of that information other than to store it for your use. The Provider uses High Grade (256 bit) encryption to protect the information you upload onto the site.

The following data will be purged from the TimeSavr database periodically.

Child attendance records can be exported from TimeSavr by the user at any time to be kept offline indefinitely.

Privacy

When registering on our site, you will be asked to enter your name, company name, e-mail address, mailing address and phone number. As well as choosing a username and password which you will use to access the site.

Any of the information we collect from you may be used in one of the following ways:

The email address you provide on your user profile, may be used to send you information and updates pertaining to your use of the website. All update emails will include an Unsubscribe link which you can use to opt out of future mailings.

We do not sell, trade, or otherwise transfer to outside parties any of the information you enter into the website. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.

Data Transmission

To protect your information we implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server and all supplied information is transmitted via Secure Socket Layer (SSL) technology.

Payment information is encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. Your payment information is never stored on our servers.

FOIP & PIPA

FOIP (Freedom of Information and Protection of Privacy Act - Province of Alberta) does not apply to private businesses, non-profit organizations or professional regulatory organizations operating in Alberta. In these cases, Alberta's Personal Information Protection Act (PIPA) will apply. If FOIP does apply to your organization you are responsible for ensuring compliance to the legislation as it pertains to the data that you collect and store using the website.

As per the requirements of the Personal Information Protection Act (PIPA) in the Province of Alberta you are responsible to meet the obligations therein for any and all data you collect and store by use of the website. The provider is not responsible to the obligations of PIPA except as it pertains to your data entered and stored by the website for the requirements of enabling your access to the site which include:

  1. Your user profile information
  2. Your company profile information

Provisions

Any provision of this Agreement that is waived or found to be invalid or unenforceable shall be severed from the Agreement and the remainder shall continue to be binding on the parties and in effect.

This Agreement shall be deemed to be made in the Province of Alberta and shall be construed in accordance with, and governed by the laws of, the Province of Alberta.

Upon agreeing to these terms, you will be permitted to log in to gain access to the Website and you may use it accordingly.