This agreement (“Terms of Service”, “Agreement”) constitutes the terms and conditions between the
company (“Company”, “You”) and ZonderTime (“We”, “Our”, “ZonderTime”) in regard to your use of
our software (“Software”).
By using our Software, You agree to be bound by these Terms of Service.
ZonderTime reserves the right to update or amend this Agreement without notice. Violation of any of
the terms specified below may result in the suspension or termination of your account.
I. Licensing and Ownership Rights
- ZonderTime grants You a nonexclusive and nontransferable right to remotely access and use our
Software. This right is granted to You upon the effectivity date of this Agreement until its date of
- The Software shall be accessed and used only by your personnel and strictly for the internal
needs of your Company. Furthermore, any data entered in your account database shall remain
yours and can be provided as a digital file upon request.
- You cannot (a) attempt to modify the Software or derive its source code, (b) access the Software
interfaces and stored data by creating any programming code, scripts, or application, (c)
redistribute, duplicate, sell, rent, lease, sublicense, or transfer rights pertaining to the Software, (d)
publish or share with any third party information or testing results, or (e) share the Software or any
of its parts with any commercial or non-commercial entity as part of other products or your
- You acknowledge that ZonderTime has the sole title, ownership rights, and intellectual property
rights to the Software and all its Services. Therefore, You agree that no clause in this Agreement
shall restrict any right of ZonderTime to use the same technologies, methods, programming
languages, interfaces, and such for further work. Furthermore, You agree that any part of this
Agreement does not restrict ZonderTime from working with other companies in the same industry
and target markets as yours.
- You acknowledge that the Software and all pertaining services shall be provided on an "as is" and
"as available" basis.
- ZonderTime agrees and guarantees to provide You with electronic access to the Software. We
shall ensure its availability on the Internet. However, both parties acknowledge that neither party owns or controls the Internet, thereby ZonderTime cannot guarantee that You may access the
Software at any given time and without interruption, errors, or failures. In line with this, ZonderTime
shall not be liable for your inability to access or operate the Software due to the following
- if an equipment malfunctions;
- if ZonderTime or Internet Service Providers may need to conduct maintenance procedures or
- if an occurrence is beyond the control of ZonderTime such as, but not limited to, interruption
or failure of telecommunication or digital transmission links, failure or delay caused by
Internet Service Providers, and other such failures.
ZonderTime is responsible for the maintenance of the Software, which will include upgrades and
ZonderTime may create periodic backups of the time-tracking data You have collected.
Nevertheless, this does not entail the liability of ZonderTime for the safety, integrity, and consistency
of data, as well as any loss of data or its quality.
Data of cancelled or defunct accounts will be archived in a secure backup facility for three (3)
months. You may request for such data to be deleted or supplied within the specified period of time.
III. Payment Terms
- You acknowledge that up to 20 users can use the Software free of charge on the first year of your
subscription. Moreover, if You want more than 20 users to be able to use the Software, each
additional user will cost $1 per month. After the first year of subscription, the amount that You will be
paying will depend on the number of users that You would want to have access to the Software.
Each user costs $1 per month.
- You may choose to follow any payment period You prefer - monthly, quarterly, biannually, or
annually. At the end of each payment period, You may change the length of the next payment period
and/or the number of users.
The only payment method accepted by ZonderTime is through credit card.
Payments for using the Software cannot be refunded under any circumstances, unless a case
involving fraud can be presented, which shall be subject to further investigation.
ZonderTime shall send you two notifications regarding the end of your subscription - the first
notification will be sent two weeks before the end date of your subscription, and the second
notification will be sent one week before the end date of your subscription. Failure to pay for the
ZonderTime, at its sole discretion, may change the price of $1 per user per month in the future.
We shall inform you accordingly before such change is implemented. In the event that your current
prepaid period has not yet reached its end date during the start of the implementation of the new
pricing, You shall not be charged additional fees (in case the price increases) or get a refund (in
case the price decreases). The new pricing shall take effect on your next subscription period.
- ZonderTime will not share with or distribute any information You have submitted to any third party.
ZonderTime employees are bound by confidentiality and non-disclosure agreements.
- We shall use any information You have submitted in accordance to this Agreement and in a
manner authorised by You.
- We shall keep your information secure to the best of our technological abilities. However, we
cannot ensure that all your communications and personally identifiable information transmitted
through the Software will never be disclosed, considering the nature and environment of the
Internet. Hence, You acknowledge this risk and will not hold ZonderTime liable for such incidents.
V. Limitation of Liability
- ZonderTime shall not be liable for any loss of data, profits, goodwill, use, or any other intangible
losses, despite ZonderTime being advised of such possibility beforehand, resulting from:
- your use or inability to use the Software;
- an unauthorized access or modification to your transmission of data; or
- any misconduct of any third party involved in providing You the Software.
- ZonderTime will not be responsible for providing You with the backup of your data. Furthermore,
We do not accept any liability for the loss of your data due to your use or misuse of the Software,
hacking, or server failure.
- Notwithstanding the previous clause (clause 2 under Limitation of Liability), ZonderTime shall be
responsible for conducting multiple regular backups of your account and the server itself.
VI. Effectivity and Termination of Agreement
- This Agreement will take effect on the date of your payment to ZonderTime, and its termination
will be at the end of the prepaid period. This Agreement shall automatically be renewed upon your
payment for the next subscription period.
- ZonderTime reserves the right to terminate this Agreement if You have violated any of the Terms
- Section I-4 (Licensing and Ownership Rights) and Section IV (Privacy) shall survive the
termination of this Agreement.
VII. Right to Monitor
You acknowledge that ZonderTime has no obligation to monitor or access your account(s), but may
do so under just cause such as for observing suspicious activities or general customer support.
VIII. Force Majeure
Neither party shall be liable for any failure, interruption, or damage caused by circumstances
beyond a party’s control (such as natural calamities, fire, government restrictions, and wars) and
that occurred without any party’s fault or negligence.