1.1 These terms and conditions regulate the agreement between G-IT Aps, CBR No. 37372862, Vandværksvej 24, 5000 Odense C, (G-IT) and the user (User) of the application TimeCtrl, which is owned and operated by G-IT. -TimeCtrl is an application for the professional market which enables to User to carry out time recording via a smartphone or tablet. These conditions apply to the User irrespective of whether the suscription is paid by the User him/herself or by their employer.
1.2 By using TimeCtrl, the User accepts the terms and conditions.
1.3 By entering into the agreement, the User acquires a non-exclusive right to use TimeCtrl to the extent purchased and on the terms specifically set out in these conditions. The right to use TimeCtrl is solely a right of use and the User does not thereby acquire the right to the program or to operate, develop, change of modify it. The User's rights are personal to him/her and may not be transferred to a third party.
2.1 The subscription is established on the creation of an account on timectrl.nu and begins once the account has been created. On creation of the account, the User's email address, invoicing and payment information are registered and the User is assigned a self-chosen code to use for logging in.
2.2 On placing the order, pro-rata payment is made for the first period up to the first turn of the month, after which the subscription will be automatically renewed and paid on the 1st of every month.
2.3 The subscription can be cancelled by the User by giving 1 month's notice to the end of a month. This means that if the subscription is cancelled on the 15 April, the subscription will end on 31 May. Changes to the subscription through the deselection of extra functions, cf. point 3.2, can also be made by giving one month's notice.
2.4 The subscription can be terminated by G-IT with 6 months' notice to the end of a month.
3.1 The basic version of TimeCtrl costs DKK 39.00 per user, per month. This service/product is covered by the rules governing the reverse charge mechanism.
3.2 Optional functions will result in the payment of an additional charge, depending on the type of function. All prices are listed on G-IT's website or at timectrl.nu.
3.3 Payment is in advance, on the first of every month by using the payment card information entered by the User, after which an invoice is sent to the User's e-mail address.
3.4 If the payment cannot be completed due to the payment information provided, a demand for payment will be sent by e-mail. Payment must then be made no later than 3 banking days after the demand has been sent. The demand for payment will be subject to a dunning charge of DKK 100.
3.5 If payment is still not made, despite the issuing of a demand for payment, cf. point 3.4, the User's access to TimeCtrl will be blocked without further warning.
3.6 If an access to an account is blocked, it can only be reopened following payment of the outstanding balance and against payment of a re-opening fee of DKK 500.
3.7 Prices can be changed at one month's notice.
4.2 G-IT has a duty of confidentiality with regard to the User's data and complies with the provisions of the Danish Act on the Processing of Personal Data and the Danish Data Protection Agency's guidelines.
4.3 Once the subscription ends – either by termination or due to non-compliance with the contract – the User's data will be stored for 2 months, after which it will be destroyed. Once it has been destroyed, data cannot be re-established.
5.1 G-IT will make every effort to ensure that the system operates without any problems and that TimeCtrl can be accessed by the User, in principle, without interruption. There will, however, be downtime in connection with updates, servicing etc. Likewise, in exceptional cases, there will be periodic operational disruptions. Therefore, G-IT does not guarantee any specific level of accessibility.
5.2 In the event of access being disrupted, G-IT will endeavour to re-establish access as quickly as possible.
6.1 G-IT will continually develop TimeCtrl with a view to improving it. G-IT is entitled to do this on a regular basis upon informing the User that a new version has been released. The User is not entitled to make any changes to the program other than what follows on from the normal use of the program with the User's processing of his/her own data.
7.1 G-IT owns all intellectual property rights pertaining to TimeCtrl – including copyrights. The User is therefore not entitled to change, copy, deconstruct or expand on TimeCtrl or any of its component parts in any way.
7.2 The User has a duty to ensure that his/her submission of data is done in a legal manner and that the said data submitted by the User or the use of TimeCtrl does not entail any conditions that are contrary to the law or otherwise violate the rights of any third party, including the intellectual property rights of any third party.
7.3 The User has a duty to inform G-IT of any suspected third party violation, planned violation or attempted violation of the associated intellectual property rights of G-IT.
8.1 The User is not entitled to transfer his/her rights or obligations pertaining to the agreement with G-IT.
8.2 G-IT is entitled to transfer its obligations under the agreement, in part or in full, in connection with the transfer of TimeCtrl in part or in full. Furthermore, G-IT is entitled to outsource its operational responsibilities, including but not limited to, data processing and storage, hosting etc.
9.1 The User is responsible for any activity carried out on the User's account. In this regard, the user is responsible for the secure storage of log-in codes etc.
9.2 The User must inform G-IT immediately of any suspicion of unauthorised access to the User's account or any other breach of security of which the User becomes aware. Likewise, the User is obliged to assist, as far as possible, in bringing any such breaches to an end.
9.3 In the event of any shortcomings in TimeCtrl, G-IT's liability to pay compensation is limited to an amount corresponding to 12 months' subscription for the product affected by the shortcoming.
9.4 G-IT can never be held liable for any indirect losses, consequential damage, lost earnings or loss of data.
9.5 G-IT cannot be held liable for any loss of functionality due to the lack of or a poor internet connection or similar faults or disruptions attributable to the equipment/hardware being used or external disruptions.
10.1 G-IT reserves the right to make changes to and continually update these terms and conditions of use with effect for the future. Any changes will be published on G-IT's website.
10.2 In the event of changes to the terms and conditions, the new conditions of use will enter into force and will thus replace all previously applicable terms and conditions.
11.1 The legal relationship between the parties is subject to Danish law.
11.2 The Court of Law in Odense has been agreed as the legal venue.
12.1 These terms and conditions were most recently updated on 8 December 2016 and are applicable to the purchase and use of TimeCtrl after this date since they replace all previously applicable terms and conditions.