Terms of Service

Last Updated: August 29th, 2017

Please read these Terms of Service ("Agreement", "Terms of Service", “Terms”) carefully before using Hourly ( “Site”, “Software”, or “Services”) operated by 3CS Software Pty. Ltd. ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://hourlytime.com and https://auth.hourlytime.com. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms. The Services are for your own use only. You do not have permission to resell, lease, or provide our Services in any other way to anyone else outside of any specific permission granted via the Site.

Intellectual Property and Ownership

Content provided by users ("User Content") is the property of that user. The Site has rights to that property only to the limited extent granted in these Terms. Your User Content is your responsibility. We have no liability for it, or for any loss or damage your User Content may cause to you or others. The Services and its original content, features and functionality are owned by 3CS Software Pty. Ltd. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not copy, reproduce, alter, modify, resell, mirror, decompile, or reverse engineer any part of these Services for any reason.

Limited License

We claim the right to use your User Content to the extent necessary to operate and provide the Services. You agree your User Content does not violate these Terms and will not violate the rights of or injure any person or entity. Content owned by the Site may not be modified, reproduced, or distributed except as permitted in these Terms.

Privacy Policy

The Site may log information using “cookies”. Cookies are small data files your browser stores on your hard drive and shares with the Site. This information allows us to enhance your user experience. Please read our Privacy Policy for more information regarding our privacy when using our Services.

Registration

You are responsible for the accuracy of any information you provide when registering on the Site. You are responsible to maintain the security of your password and login information and accept all risks of unauthorized access to your account. You are responsible for all activity on your account and for all charges incurred by your account. You are responsible to keeping your information up to date, including but not limited to, your e-mail address, phone number and billing address.

Fees

Monthly Plan: A valid credit card is required for you to continue using the Services on a month-to-month basis after the thirty (30) day free trial period ends. The Services are billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months, for account upgrades or downgrades, or for months unused with an open account. Annual Plan: Payment in advance is required to continue using the Services on an annual basis after the thirty (30) day trial period ends. The Services are billed in advance on a yearly basis. Refunds for deleted accounts may be requested for unused months between the date of account cancellation and the final date noted on the invoice issued by us. Fees for use of the Site are described on the Site. Fees may at times change, but the Site will give you notice before the change. Your continued use of the Site after fee changes indicates your agreement with the new fees after the effective date of change.

Links and Integrations with Other Sites

Our Site may contain links to third-party sites, or make available third party integrations that are not owned or controlled by 3CS Software Pty. Ltd. 3CS Software Pty. Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit or integrate with.

Governing Law

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of law.

Limitation of Liability

In no event shall we be liable for any damages (including, but not limited to, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use our Services, even if we has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Warranty Disclaimer

The materials on Our Site are provided "as is". We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our Site or otherwise relating to such materials or on any sites linked to this site.

Termination

If you wish to cancel or terminate your account you are solely responsibly to do so via the Site. E-mail or phone requests to cancel are not considered cancellations. There is no cancelation fee. Once you have terminated your account you access will immediately be disabled. We retain the right to retain or delete data provided to us by you at our sole discretion. We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. It is your responsibility for maintaining records, copies, etc. of your User Content posted on the Site.

Changes to this Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Force Majeure

You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.

Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

No Waiver

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

Severability

If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.

Contact Us

If you have any questions about this Agreement, please contact us.