Please read and make sure you fully understand the following terms and conditions.
The following is a contract between you (the Customer) and us (BrokerBoss). It describes the services provided by us and is in place to protect both parties. By registering to use the Online Timesheet and Expenses Management system, you are agreeing to these terms.
“Agreement” means these Customer Terms and Conditions and all materials referred or linked to in here.
“Customer Data” means all information that you submit or collect via the Subscription Service. Customer Data does not include Enrichment Data.
“Data Protection Laws” means any and all applicable laws, codes and regulations as applicable to, or enforceable against, the Service Provider and the Customer in respect of the Services from time to time including but not limited to: (i) the Regulation; (ii) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector; (iii) the Swiss Federal Act on Data Protection.
“Subscription Fee” means the amount you pay for the Subscription Service on a monthly basis.
“Subscription Service” means our Online Timesheet and Expense Management System.
“System” means the Online Timesheet and Expense Management System.
“Users” means your employees, representatives, consultants, contractors or agents who are authorized to use the Subscription Service for your benefit and have unique user identifications and passwords for the Subscription Service.
“You”, “your” or “Customer” means the person or entity using the Subscription Service and identified in the applicable account record, billing statement, online subscription process as the Customer.
“We”, “us” means BrokerBoss Ltd
2. General Terms
2.1 Access. You can gain access to use the Online Timesheet and Expense Management System by registering.
2.2 Additional Features. From time to time, new features will be added to the Subscription Service to enhance it, these will be free of charge unless stated otherwise. Certain features may only be available to certain users, depending on the package you signed up to.
2.3 Availability. The Subscription Service is available 7 days a week from 6am till 11pm. The down time allows for any maintenance or upgrades. Should you wish to use the Subscription Service between the hours of 11pm – 6am, an email should be sent to firstname.lastname@example.org 2 hours prior to 11pm that day.
2.4 Fees and Payments
2.4.1 Subscription Fees. The Subscription Fee will remain fixed unless you: (i) require more than the agreed number of users, or (ii) agree to use a new feature which has an additional cost.
2.4.2 Payment Method. The payment method should be either Direct Debit which is setup using our provider GoCardless. You will be emailed a link and requested to supply the Sort Code and Account Number you wish the payment to come out of.
2.4.3 Late Payment. Should the Customer fail to pay the Subscription Fee on the agreed date, the Customer will have 10 days to bring the account up to date otherwise access will be removed from the Subscription Service. Access will only be reinstated if the account is brought up to date.
2.5 Limitations of Use
2.5.1 Sensitive Information. You agree not to use the Subscription Service for any other purpose than its intended use. We will not have any liability that may result due to misuse of the Subscription Service.
2.6 Subscription Term, Support, Termination
2.6.1 Subscription Term. The Term is a monthly rolling contract, where you have the right to cancel the subscription at any time by giving 10 working days notice. Failure to give 10 working days notice may result in the Subscription Fee for the next month to be taken. This would be non-refundable since 10 working days notice was not given.
2.6.2 Support. Should you experience any issues using the system, our support team can be contacted via email@example.com or by calling 0800 772 0477 Monday to Friday, 8am to 8pm.
2.6.3 Termination. Should a breach of any of these terms occur, both parties have the right to terminate the Subscription Service immediately without notice.
2.6.4 Customer Data Retrieval. Should you wish to stop using the Subscription Service, we will provide you with an extract of the Customer Data that we have related to your account within 30 days upon written request.
2.7 Customer Data
2.7.1 The parties agree to comply with the provisions of this DPA with respect to the processing of any and all Protected Data collected by the Service Provider on behalf by the Customer in relation to the provision or receipt of the Services, including Protected Data processed under the European Union General Data Protection Regulation (GDPR) (EU) 2016/679.
2.7.2 Usage. We will not use, or allow anyone else to use, Customer Data to contact any individual or company except as you direct or otherwise permit. We will use Customer Data only in order to provide the Subscription Service to you and only as permitted by applicable law and this Agreement. By using the Subscription Service, you are confirming that you have your employees permission for their data to be stored on the System.
2.7.3 Aggregate Data. We may monitor use of the Subscription Service by all of our customers and use the data gathered in an aggregate and anonymous manner. You agree that we may use and publish such information, provided that such information does not incorporate any Customer Data and/or identify you.
2.7.4 Safeguards. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect Customer Data.
2.7.5 Publicity. With your permission, we have the right to use your company name/logo for posts to be made on social media and on our website relating to your adoption of the Subscription Service. We will seek written approval from you prior to doing this.
2.7.6 Indemnification.You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) unauthorised or illegal use of the Subscription Service by you, (b) your noncompliance with or breach of this Agreement, (c) your use of Third-Party Products, or (d) the unauthorised use of the Subscription Service by any other person using your User information. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defence or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defence or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
2.8 Disclaimers; Limitations of Liability
2.8.1 Disclaimer of Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SUBSCRIPTION SERVICE, DATA MADE AVAILABLE FROM THE SUBSCRIPTION SERVICE, BROKERBOSS CONTENT, FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION SERVICE, BROKERBOSS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SUBSCRIPTION SERVICE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
2.8.2 No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES.
2.8.3 Limitation of Liability. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE ‘INDEMNIFICATION’ SECTION, AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY WILL BE LIMITED TO THE LESSER OF FIVE THOUSAND U.S. DOLLARS OR THE TOTAL AMOUNTS YOU HAVE ACTUALLY PAID FOR THE SUBSCRIPTION SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
2.8.4 Agreement to Liability Limit. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SUBSCRIPTION SERVICE TO YOU.
2.9.1 Amendment; No Waiver. We may update and change any part or all of these Customer Terms and Conditions. If we update or change these Customer Terms and Conditions, the updated Customer Terms and Conditions will be posted at https://brokerboss.co.uk/privacy/ and we will let you know via email. The updated Customer Terms and Conditions will become effective and binding on the next business day after it is posted. When we change these Customer Terms and Conditions, the “Last Modified” date above will be updated to reflect the date of the most recent version. We encourage you to review these Customer Terms of Service periodically.
If you do not agree with a modification to the Customer Terms and Conditions, you must notify us in writing within thirty (30) days after receiving notice of modification. In this case, Subscription Service will operate under the previous Customer Terms and Conditions and the new modifications will not apply.
2.9.2 Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
2.9.3. Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
2.9.4. Relationship of the Parties. You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.
2.9.5 Compliance with Law. We will comply with the Data Protection Laws with regards to the processing of Customer Data. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. You will comply with all laws in your use of the Subscription Service, including any applicable export laws. You must comply with all applicable laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording.
2.9.6 Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.