Welcome to the Legal page of the www.uAttend.co.uk website (the “website” or “Site”), which is operated by Access-to-Time Limited, a company registered in England & Wales (No. 3898806) with offices at Unit 22-23 Fourth Avenue, Westfield Industrial Estate, Midsomer Norton, Radstock, BA3 4XE, UK (“A2T” or “we” or “us”). The terms “you” and “your” refer to the user or viewer of our website.

This website gives information about the uAttend system which uses a subscription service operated using an associated website https://trackmytime.co.uk

The two websites are designed for different purposes and for that reason the legal aspects set out below are explained in a separate section for each website.

For ease of reference, this page contains the legal and contractual information relating to the websites. uAttend Products can be purchased using this website and membership of the associated uAttend Service, called TrackmyTime can be obtained by clicking on the Membership button.

Each of the sections below should be read and interpreted as a separate document.

To navigate to the respective section, please click on the relevant link below. You will need to read the Website Terms of Use first, as they govern your use of this website.

www.uAttend.co.uk

Website Terms of Use
Privacy Policy
A2T uAttend Products - Terms and Conditions of Sale

https://trackmytime.co.uk

Website Terms of Use
Privacy Policy
A2T uAttend Service Agreement

www.uattend.co.uk

Website Terms of Use

If you continue to browse and use this website, you are agreeing to comply with and be bound by these Website Terms of Use which together with our Privacy Policy govern A2T’s relationship with you in respect of this website. If you disagree with any part of these Website Terms of Use, please do not use the website.

The use of this website is subject to the following terms of use:

1 The content of the pages of this website is for your general information and use only; it is subject to change without notice.

2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, completeness or suitability of the information and products found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

3 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

4 This website contains material which is owned by us or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of the website’s content without written permission is prohibited.

5 This website may include links to other websites for your convenience and to provide further information. Where links are to websites not managed by A2T we shall have no responsibility for the content of a linked website.

6 These Website Terms of Use shall be construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any disputes which may arise in connection with this website.

Privacy Policy

This Privacy Policy sets out how A2T uses and protects any information that you provide when you use this website.

1 A2T is committed to ensuring that your privacy is protected. Should we ask you to provide information by which you can be identified when using this website, it will only be used in accordance with this Privacy Policy.

2 A2T may change this Privacy Policy from time to time by updating this page and you should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1 November 2010.

3 We may collect the following information: (a) your name and job title and (b) your contact information including your email address when you provide it to us for the purpose of your making an enquiry or for our processing a transaction using the website.

4 We require this information: to respond to your enquiry; to process the transaction you have initiated using the website; for internal record keeping; and to from time to time to send promotional emails about new products, special offers or other information that we think you may find interesting.

5 We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable procedures to safeguard and secure the information you have provided to A2T online.

A2T uAttend Products - Terms and Conditions of Sale

The following are the terms and conditions for the sale of A2T uAttend Products (the “Products”) from the A2T website www.uAttend.co.uk (the “Site”).

Access-to-Time Ltd is a company registered in England & Wales (No. 3898806) with offices at Mendip House, Pow’s Orchard, Midsomer Norton, BA3 2HY (“A2T” or “we” or “us”). The terms “you” and “your” refer to the user or viewer of the Site who uses the Site to place orders for the Products.

All Products sold by A2T using the Site are sold subject to and in accordance with these terms and conditions (the “Conditions”).

1 Price

The prices payable for the Products that you order are set out on the Site at the time you place your order. Delivery costs and VAT at the applicable rate are payable by you and are as shown on the order form on the Site. In the unlikely event that an error has occurred with our Site, we will not be obliged to supply the Products at an incorrect price.

2 Formation of contract

2.1 By placing an order, you are making an offer to us to purchase on these Conditions the Products you have selected. If we accept your order, we will notify you of our acceptance by issuing an order confirmation, which we will send by email to the email address provided with your order. The order confirmation will be effective on sending.

2.2 Information contained in our publicity material, or on the Site constitutes an offer to treat and does not represent an offer to supply the Products.

3 Payment

Payment is required by debit card or credit card at the time of placing your order with us. The types of card accepted by us are specified on the Site.

4 Delivery

Subject to these Conditions we will supply to you the Products shown on the order confirmation. We will normally ship the Products to you using a carrier with a tracking system within five working days of the order confirmation being sent to your e-mail address.

5 Loss or damage in transit

Where the Products have been damaged in transit you are required to notify us in writing within three working days of receipt of the Products. In the case of non-delivery you are required to notify us within ten working days of receipt of the order confirmation.

6 Title and risk

When you have ordered Products from the Site, the title to the Products and the risk of loss in the Products will pass to you when the Products are delivered to you at the address that you supplied on your order form or any other address that you have subsequently notified to us in writing as being your required delivery address.

7 Refunds and exchanges

Details of our policy for all non-warranty returns and exchanges are set out in the page on the Site, which can be found by clicking on the ‘Returns’ link located at the bottom of the Site.

8 Operation of the Products

You acknowledge and agree that the Products will not function without a subscription to the A2T uAttend Employee Management System operated using the www.trackmytime.co.uk website (the ”Service”).

9 Time clock warranty and replacement

9.1 The time clocks, which are equipment items of the Products, are warranted by A2T for their working life provided that: (a) the time clock is not damaged due to abuse, vandalism, misuseor negligence on your part or on the part of third parties, power surges or power failures; (b) you have maintained a subscription to the Service since purchasing the time clock; and (c) A2T has received payment of the subscription for the use of the Service for the month that the claim for a warranty replacement was made.

9.2 If you are seeking replacement of a time clock under the terms of this warranty you must contact A2T Technical Support to establish whether it is likely that the time clock has in fact failed in service and to exclude other likely causes of your not being able to access the Service using the time clock.

9.3 If a time clock is considered to have failed in service having eliminated other potential causes, you will be issued with a Return Authorisation Number and instructions to enable you to return the time clock to A2T. The package should be sent carriage paid to the address shown in the tab labelled Returns at the bottom of the page on the Site.

9.4 A2T will test any time clock returned under the terms of this warranty and will at its option repair or replace free of charge any time clock found to be defective. A2T will ship the repaired or replacement time clock to you carriage paid.

10 Limitation of liability

10.1 Any condition, warranty or other term arising out of or in connection with the supply of the Products which might otherwise be implied into or incorporated in these Conditions by statute, common law or otherwise (including without limitation any implied term as to quality fitness for purpose, reasonable skill and care) is hereby expressly excluded to the maximum extent permitted by law.

10.2 A2T does not exclude liability for fraudulent misrepresentation or death or personal injury resulting from its negligence or that of its employees.

10.3 Subject to Condition 10.2, A2T shall not been liable to you for any (a) direct loss, damage or injury; or (b) indirect, consequential or special loss, damage or injury (including but without limitation) financial loss, loss of profits or any other loss.

11 General

11.1 Law and jurisdiction
This Agreement shall be construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any disputes which may arise in connection with this Agreement.

11.2 Entire Agreement.
These Conditions constitute the entire agreement between you and A2T and replaces all previous communications, representations, understandings, and agreements, whether verbal or written between you and A2T. No representations or statements of any kind made by either party which are not expressly stated in these Conditions shall be binding on such parties.

11.3 Circumstances beyond our reasonable control
A2T will make every effort to perform our obligations under these Conditions. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as is reasonably possible.

11.4 Invalid clauses
The invalidity or unenforceability of any provision of these Conditions shall not adversely affect the validity or enforceability of the remaining provisions.

11.5 Headings.
The titles and headings of the various sections of these Conditions are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of these Conditions.

https://trackmytime.co.uk

Website Terms of Use

This is a secure website dedicated to users of the uAttend subscription service called trackmytime (the “Service”). To use the service you must first sign up using the Sign-up page. You are required to enter a Dealer ID Code, which then gives you access to the Sign-up page. If you don’t have one, the default code is: DHAJ3

Signing up for the Service requires you to provide information (“Customer Information”) for you to create your account. Your Customer Information and the information relating to your staff (referred to as “Personal Information”) is covered by our Privacy Policy set out in a separate section below. Part of the Customer Information you provide enables you to log in to the Service.

This website uses a “cookie” to provide additional functionality to the site to enable you to use the Service; it is not used to collect any Customer Information or Personal Information. Further information on cookies is set out in the Privacy Policy below. It is important that you understand what a cookie is. General information on cookies can be obtained from the UK Information Commissioner’s Office website: www.ico.gov.uk.

Data protection is a joint responsibility of all parties associated with a website. Users of the website must protect their account and password details so that their Customer Information and Personal Information is protected. The Customer responsibility for data protection is set out in our Privacy Policy.

The Service is being progressively developed. There will be changes made to the system from time to time which will affect the appearance of particular pages and enhance the system functionality.

Although there is a range of common requirements for employee time recording that the Service is seeking to fulfil, the range of potential requirements for employee time recording is virtually unlimited. Before signing up to the Service, Customers should satisfy themselves that the Service will meet their requirements; trial subscriptions are available so that Customers can try out the Service.

We do not warrant that the Service will be suitable for all employee time recording requirements of an individual Customer. A wide range of information is available at uattend.co.uk/FAQ and we can be contacted to discuss your specific requirements and the features of the Service; you retain the responsibility for deciding whether the Service meets your needs.

If you use this website, you are agreeing to comply with and be bound by these Website Terms of Use which together with the Privacy Policy for this website govern our relationship with you in respect of this website. If you disagree with any part of these Website Terms of Use, please do not sign up to the Service and use the website.

This website contains material which is owned by us or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of the website’s content without written permission is prohibited.

These Website Terms of Use shall be construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any disputes which may arise in connection with this website.

Privacy Policy

Introduction

Access-to-Time Ltd (“A2T”) is a UK-based supplier of time and attendance equipment and services used for tracking and reporting employee working hours. The uAttend service (the “Service”) is provided to A2T customers (the “Customers” or “you”) through the secure website https://trackmytime.co.uk (the “Site”) in conjunction with Processing Point, Inc (“ProcessingPoint”), which is based in the state of California, USA. A2T and ProcessingPoint (collectively referred to as “we” and “us”) have a joint responsibility for the implementation and maintenance of this Privacy Policy.

Protecting customer privacy is important to us. We adhere to the Safe Harbor Agreement concerning the transfer of personal data from the European Union to the United States of America. Accordingly, we follow the Safe Harbor Principles published by the U.S. Department of Commerce (the “Principles”) with respect to all such data.

If there is any conflict between the policies in this Privacy Policy and the Principles, the Principles shall take precedence. This Privacy Policy outlines our general policies and practices for implementing the Principles, including the types of information we gather, how we use it and the notice and choice affecting users of the Service. This Privacy Policy applies to all information received by us in whatever format.

Other Definitions

“Customer Information” means those identification details that enable Customers to subscribe to and be billed for the Service.

“Personal Information” means data relating to Staff that is provided by Customers for their use of the Site and can be summarised as the names of Staff, the department, section or shift allocated to members of Staff and the start and finish times of the work activities of their Staff. The Service does not have the facility to record information that could be considered to be sensitive personal information.

“Staff” means the employees of our Customers and includes volunteers, agents, temporary and casual workers or any other category of worker as defined by our Customers when they use the Service.

“Uses” means the purpose for which the Personal Information on Staff is collected and processed. The Uses are limited to the recording, processing and provision to Customers of data related to the working hours of their Staff.

Principles

1 Notice

The limited scope of Personal Information held on Staff is disclosed above. We will give timely and appropriate notice to Customers if there is a change to the type of Personal Information collected, the Uses or the policy relating to third parties. Customers have the facility to update their Customer Information held by the Service.

2 Choice

The scope of the Service is defined and Customers can decide whether it meets their requirements. If there is any change to the type of Personal Information held or the Uses we will respect the Customer’s decision on whether to continue with or to discontinue the use of the Service.

3 Relevance

We will collect only Customer Information and Personal Information required for the Uses and will not use it for any other purpose.

4 Retention

We will keep Personal Information only for as long as Customers subscribe to the Service or as permitted by law. Customer Information is held as permitted by law.

5 Accuracy

We will take appropriate steps to make sure that we maintain the accuracy of the Customer Information and Personal Information supplied to us.

6 Access

We will provide ways for Customers to access their Customer Information and the Personal Information of their Staff, as required by law, so that they can correct inaccuracies.

7 Security

We will take appropriate physical, technical and organisational measures to protect Customer Information and Personal Information from loss, misuse, unauthorised access or disclosure, alteration and destruction.

8 Sharing

We will not share Customer Information or Personal Information with third parties without the Customer’s consent other than for the express purpose of delivering the Service requested by the Customer.

9 International Transfer

Appropriate measures will be taken to protect Customer privacy, Customer Information and Personal Information that we transfer.

10 Enforcement

We will regularly review how we are meeting these privacy promises and we will provide an independent way to resolve complaints about our privacy practices.

Other aspects

Cookies

The website uses a technology called a “cookie”. A cookie is a small piece of information that our webserver sends to the browser file of your computer when you access the website. When you come back our site will detect whether you have one of our cookies on your computer. Our cookies help provide additional functionality to the site and are strictly necessary for the provision of the Service, which we consider to be an ‘information society service’ as defined in the Electronic Commerce (EC Directive Regulations) 2002.

Data encryption

Areas of this website that collect your Customer Information and Personal Information use industry standard secure socket layer encryption (SSL); however, to take advantage of this your browser must support encryption protection (found in Internet Explorer 3.0 and above).

Customer responsibilities for data protection

The Personal Information relating to your Staff is supplied to us expressly for the use of the Service. We have no control over the accuracy or completeness of the Personal Information supplied to us and we use it solely for the purpose of supplying the Service in accordance with the Principles. As the originator of the Customer Information and the Personal Information the

Customer is a vital link in the chain of data protection.

Customers have a responsibility to ensure that they:

(a) comply in all respects with the law relating to the protection of the Personal Information for the legal jurisdiction of the state, territory or country where they are located;

(b) take appropriate physical, technical and organisational measures to protect the Personal Information of their Staff from loss, misuse, unauthorised access or disclosure, alteration and destruction;

(c) provide ways for their Staff to access their Personal Information, as required by law, so that their Staff may correct inaccuracies; and

(d) provide complete and accurate Customer Information as necessary to us for Customers to be able to use the Service.

Your consent

By using the Site and the Service the Customer consents to our Privacy Policy and accepts their responsibilities for protecting the Personal Information of their Staff.
Changes to our Privacy Policy

If we decide to change our Privacy Policy, we will post changes on this page and/or update the Privacy Policy modification date below. Changes in the Privacy Policy will only apply after the date of the change.

This policy was last modified on: February 26, 2013.

Contacting us

To access information, ask questions about our privacy practices, or issue a complaint contact us at:

uAttend Service
Access-to-Time Ltd
Unit 22-23 Fourth Avenue
Westfield Industrial Estate
Midsomer Norton
Radstock, BA3 4XE, United Kingdom
Telephone: +44(0)1761 410015
Fax: +44(0) 1761 410090
E-mail: support@uattend.co.uk

If your enquiry is not satisfactorily addressed, contact:
Processing Point, Inc
2796 Loker Ave, Suite 111
Carlsbad, CA 92010, USA
Telephone:
Fax:
E-mail:

A2T uAttend Service Agreement

The following are the terms and conditions (the "Terms and Conditions") for use of the A2T uAttend software (the "Software") and the provision of a subscription service to be used by you for tracking and reporting employee work time (referred to as the "Service").

Access-to-Time Ltd is a company registered in England & Wales (No. 3898806) with offices at Mendip House, Pow’s Orchard, Midsomer Norton, BA3 2HY (“A2T”), and Processing Point Inc. is a company incorporated in the state of California in the United States of America with primary offices at 2797 Loker Avenue Suite 111, Carlsbad, California 92010 (“ProcessingPoint”).

The Software has been specified and developed by A2T to meet the requirements of UK customers. The Service is operated and provided to you by A2T through the website https://trackmytime.co.uk (the "TMT Site") under the terms of a licence granted to A2T by ProcessingPoint, who host and maintain the Software.

By completing the A2T uAttend purchase order and enrolling to use the Service you agree to be bound by these Terms and Conditions, including the purchase order, all payment terms, policies, practices, rules, standards and guidelines related to the TMT Site and/or the Service that are in effect from time to time (collectively, the "Agreement"). Your successful enrolment for the Service constitutes your acceptance of this Agreement and thereafter you will be allocated an account (“your Account”).

The text of this Agreement as amended from time to time is located in the ‘tab’ labelled ‘Legal’ at the bottom of the homepage on the website www.uattend.co.uk.

Any reference to “you” or “your” refers to the person or entity subscribing to the Service. You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Service shall be bound by and shall abide by these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party.

By accepting the Terms and Conditions, you (a) represent and warrant that you are 18-years old or older; (b) agree to provide true, accurate, current and complete information; and (c) agree to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, A2T has the right to terminate your Account and refuse any and all current or future use of the Service.

1 Rights to use the Service

A2T hereby grants to you a non-exclusive licence to use the Service in the United Kingdom in accordance with the terms of this Agreement. You may not: (a) modify, translate, or create derivative works based on the Service or the Software, or permit other individuals to do so; (b) rent, lease, transfer or otherwise transfer rights to the Service or the Software; (c) use a single account for multiple business entities, unless specifically authorised by A2T in writing; (d) provide third parties with access to your account, except for third parties specifically authorised by A2T; and/or (e) reverse engineer or disassemble the Service or the Software.

2 Intellectual property

All title and copyrights, trade secrets, patents, trademarks and other intellectual property in and to the Software and the Service are owned by ProcessingPoint. Copyright, trade secret and other laws protect the Software and the Service. All data not expressly entered into the A2T uAttend system by you is the intellectual property of and owned by ProcessingPoint.

3 Charges and payment

3.1 The charges for the use of the Service shall be charged per month as posted on the TMT Site or in this Agreement (the “Monthly Charges”). The Monthly Charges currently in effect that will be applied at the time of signing or electronically agreeing to these Terms and Conditions are set out below:
Number of Employees Monthly Charge
1 – 9 £14.99
10 – 19 £23.99
20 – 49 £39.99
50 – 99 £64.99
Over 100 £79.99

3.2 You expressly acknowledge that in addition to the Monthly Charges to use the Service, the following charges will be levied (the ”Additional Charges”).

3.2.1 Should you choose any other payroll export other than .csv, you agree to pay an Additional Charge of £5.00 per month.

3.2.2 For each ‘phone clocking’ (clocking in and out by telephone) you agree to pay an Additional Charge of £0.03 per telephone call.

3.2.3 Your Account to use the Service can be associated with two A2T uAttend time clocks. For each additional A2T uAttend time clock associated with your Account there will be an Additional Charge of £10.00 per month.

3.3 The amounts of Monthly Charges and Additional Charges shown above exclude VAT, which will be added at the rate applicable at the date that Monthly Charges and Additional Charges are charged to your Account.

3.4 A2T reserves the right to change the Monthly Charges and/or the Additional Charges at any time, in its sole discretion, by posting notice of the same on the TMT Site or by updating this Agreement and any such change shall become effective at the start of the month following the announcement of the change.

3.5 A2T reserves the right to change its payment policies from time-to-time in its sole discretion and any and all A2T payment policies posted on the TMT Site or in this Agreement shall be incorporated into these Terms and Conditions. You agree to pay A2T all Monthly Charges and Additional Charges charged to your Account, in sterling, and in accordance with the payment policy in effect at the time those charges become due.

3.6 You agree and represent that all information you provide for the purpose of enrolling for the Service, will be accurate, complete, and current. You expressly authorise A2T to charge your credit card, charge card, or debit card for any and all applicable Monthly Charges and Additional Charges associated with your Account. If payment cannot be charged to your credit/charge/debit card for whatever reason, or if there is a charge-back for any reason, A2T reserves the right to either suspend or terminate your Account and your use of the Service. If you provide A2T with a credit card, charge card, or debit card that expires during the term of this Agreement, A2T reserves the right to charge any renewal card issued to you as a replacement without any additional consent from you.

3.7 In the event of any failure by you to make payment, or upon any charge-back, you shall be responsible for all reasonable expenses (including legal fees) incurred by A2T in collecting such amounts plus interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

3.8 All Monthly Charges and Additional Charges due and paid shall be non-refundable.

4 Representations and warranties

You represent and warrant (a) that you have sufficient authority to enter into this Agreement; (b) that you will at all times be in compliance with all applicable laws; (c) that you shall not be in violation of any obligation, contract or agreement by entering into this Agreement, by performing your obligations under this Agreement or by authorising and permitting A2T to offer and perform the Service; (d) that you will comply with all of the terms and conditions of this Agreement, as amended from time to time; and (e) that all information provided by you is truthful, accurate, and complete, and is not misleading in any way.

5 Contract period

This Agreement shall run for a period of one month from the date of enrolment for the Service and shall thereafter re-commence at the beginning of each subsequent month and run for a further period of one month until terminated. The Monthly Charges and Additional Charges shall be charged at the rates applicable at the start of each month.

6 Termination

6.1 You may terminate this Agreement at any time and for any reason by logging on to your Account on the Site and cancelling the Service. A2T does not refund or prorate any Monthly Charges or Additional Charges in the event that you cancel the Services prior to the end of a month. Once your Account has been terminated, you will no longer be able to access the information previously stored on your Account.

6.2 A2T’s rights to terminate are set out below:

6.2.1 A2T may terminate this Agreement in its sole discretion by giving fourteen days written notice to you prior to the end of the current month of its intention to terminate this Agreement.

6.2.2 In addition, notwithstanding anything contained in this Agreement to the contrary, A2T may in its sole discretion immediately terminate your Account at any time and discontinue your participation in the Service if A2T believes that your conduct may be harmful to its business. Reasons for such termination may include, but are not limited to the following: (a) failure to make payment in accordance with this Agreement; (b) if A2T believes that you have violated this Agreement or other policies or guidelines of A2T; and/or (c) if A2T believes your conduct may be harmful to others who participate in the Service. If A2T terminates under this Section 6.2.2, A2T’s termination shall be effective immediately and the notice provisions of Section 6.2.1 shall not apply.

6.2.3 All decisions made by A2T in this matter will be final and neither A2T nor its dealers nor its re-sellers shall have any liability with respect to such decisions.

6.3 Upon termination you will no longer be able to access your Account. Irrespective of which party terminates this Agreement you will be responsible for all Monthly Charges and Additional Charges incurred up to and including the date of termination and such Monthly Charges and Additional charges will be due and payable immediately. Upon any termination A2T reserves the right to delete any and all information in your Account at its discretion and your Account will no longer be accessible by you.

7 Modifications

A2T may from time to time amend this Agreement in its sole discretion by giving not less than 14-days notice prior to the implementation of any changes to this Agreement. Any changes will be emailed to you and/or posted in this Agreement on the website www.uAttend.co.uk by A2T. Any use of the Service and/or the TMT Site after such notice shall be deemed to be continued acceptance of this Agreement including any amendments and changes. No conditions other than those set forth in this Agreement shall be binding on A2T unless A2T expressly agrees to such conditions in writing and signed by a director of A2T. A2T reserves the right to discontinue offering the Services and/or Site at any time.

8 Technical support

A2T will supply technical support for the Service via email. Access to email support can be found by clicking on the ‘tab’ labelled ‘Support’ located on the top of the pages on the website www.trackmytime.co.uk Telephone support is also available by calling 01761 410084 between 09.00 and 17.00 hours from Monday to Friday excluding bank or public holidays.

9 Time clock data

9.1 The time clock data for the Service will be hosted by ProcessingPoint on servers at a nationally-recognised enterprise-class hosting facility and the data will be backed-up on a regular basis. You are responsible for exporting your time clock data. You must determine whether the Service sufficiently meets your requirements. A2T does not warrant that your use of the Service will be uninterrupted or that the operation of the Service will be error-free or secure.

9.2 Your data consists of the time information input into the A2T uAttend interface by you. A2T shall not use your data except directly in furtherance of the purposes of this Agreement.

10 Disclaimer of warranties

You expressly agree that your use of the site and/or service is at your own risk. The TMT Site and/or the Service are available on as ‘as is’ basis without warranty of any kind, express or implied, including but not limited to implied warranties of performance, merchantability or fitness for a particular purpose and A2T disclaims any warranty regarding the availability, accuracy or content of the TMT Site and the Service, or any economic benefit that you may gain from the use of the TMT Site and/or the Service.

11 Limitation of liability

11.1 Except in respect of personal injury or death caused by A2T’s negligence, A2T shall not be liable to you for any consequential loss, compensation, cost, expense, damage or other claims (whether for loss of profit or otherwise) whatsoever (whether caused by the negligence of A2T, its employees or agents or otherwise) arising out of or in connection with this Agreement or the supply of the Service.

11.2 A2T’s total cumulative liability to you in respect of this Agreement in contract, tort (including negligence or breach of statutory duty) shall not exceed an amount equal to all amounts actually paid by you to A2T during the three-month period immediately preceding any such liability. You acknowledge that these limitations are reasonable, that they are an essential element hereof and that in the absence of such limitations A2T would not enter into this Agreement.

12 No assignment or resale

You may not re-sell, assign, or transfer any of your rights under this Agreement, and if you attempt to re-sell, assign, or transfer your rights, A2T may immediately terminate this Agreement without liability to A2T.

13 General

13.1 Law and jurisdiction
This Agreement shall be construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any disputes which may arise in connection with this Agreement.

13.2 Entire Agreement.
This Agreement constitutes the entire agreement between you and A2T and replaces all previous communications, representations, understandings, and agreements, whether verbal or written between you and A2T. No representations or statements of any kind made by you or us which are not expressly stated in this Agreement shall be binding on you or us.

13.3 Circumstances beyond our reasonable control
A2T will make every effort to perform its obligations under this Agreement. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.

13.4 Invalid clauses
The invalidity or unenforceability of any provision of this Agreement shall not adversely affect the validity or enforceability of the remaining provisions.

13.5 Headings.
The titles and headings of the various sections in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of this Agreement.

13.6 Survival
The terms of Sections 2, 3, 4, 6.3, 9, 10, 11, 12 and 13 shall survive the termination of this Agreement.

Last amendment date: 26 February 2013