These terms are a copy of the terms you agreed to upon subscribing to use Abtrac Time Recording and Invoicing Software. These terms apply to the desktop version of Abtrac only, Abtrac Versions 1.0 – 5.
This Agreement is between the customer (hereafter referred to as you or your) and Abtrac (the trading name of Above Board Computer Consulting Limited hereafter ABCC, us or our). It allows you to use the Abtrac Time and Cost software (hereafter referred to as Abtrac) on a pay-as-you-use basis for a minimum period of 12 months. Beyond which the pay-as-you-use basis can continue for as long as Abtrac is installed and appropriate and timely payments are being made. Extra users, functions, products and services may be added to Abtrac on request depending on the outcomes of discussions with ABCC. These may involve adding an appropriate amount to your Total Monthly Payment, or a one-off agreed fee according to the requirement. The Total Monthly Payment includes user support as provided in clause 7. And it includes free upgrades as and when they are released to all qualifying clients. You have the right to use Abtrac on your specified computer network at the specified location. Additional agreements are required for other networks and other locations, or if Abtrac is to be used in a commercial data processing bureau. This agreement does not include installation nor associated technical support, which is a matter between you and the Authorised Abtrac Consultant involved.
ABCC remain the owners of Abtrac and our services.
You will respect our intellectual proprietary rights in the software used to provide Abtrac, the website, and in any documentation relating to our services. These proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights whether registered, registrable or not.
You must protect our ownership of Abtrac and not attempt to sell, hire, copy, transfer, nor deal with it in any other way that could be construed as a breach of this agreement or a violation of common international copyright law.
You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.
2 Term and cooling off period
Either party may terminate this agreement within 60 days of the date of this jointly signed agreement at no penalty costs.
Subsequently you can terminate the agreement any time after the first term of 12 months, by giving ABCC 60 days written notice from your next licensed period.
ABCC can similarly terminate this agreement by giving 60 days written notice to you.
There is no cancellation fee but within this notice period you are liable to pay all relevant licensing fees up to and including your termination date (usually two months fees). These fees and your termination date will be confirmed in writing by ABCC in response to your cancellation notice to us.
On termination our software must be uninstalled from your network and other systems, and the media and manuals returned to ABCC. Software title and copyright remain with ABCC at all times. You must protect ABCC’s ownership of Abtrac and not attempt to sell, hire, copy (except for back up purposes), transfer, nor deal with it in any other way that could be construed as a breach of this agreement or a violation of common copyright law.
ABCC can similarly terminate this agreement by giving 30 days written notice to you.
You must rely on your own judgment as to Abtrac’s applicability to your needs. The Abtrac licensee is assumed to have satisfied themselves that Abtrac is suitable for the purpose for which it is being used. Your signature confirms due diligence complete.
No warranties are given by ABCC other than those implied by law. Damages for breach of warranties implied by law as to fitness and merchantable quality are limited to repair or replacement of Abtrac, with no liability for consequential damage nor any other problems that may arise. In particular care and maintenance of the data file associated with Abtrac is your responsibility. It is your valuable business data. ABCC reserves the right to invoice you as an additional cost for any problems you experience with the data file, be it through incorrect electronic or manually entered data causing problems, hardware or networking problems, backup and maintenance procedures not being followed as is commonly prudent and as advised in the user manual, or for any other reason. Once you start using Abtrac, the data file is yours to take care of.
Subscription payments are to be made monthly in advance, by direct credit from your bank account on the 1st (or 20th) day of each month. A current schedule of payments will be attached with your contract. Once paid, the monthly amounts are not refundable for any reason.
It is acknowledged that ABCC can prevent Abtrac from being used by a time based activation code if payments are not made on time.
Overdue payments may accrue interest from the due date until paid, at the higher of 2% per month, or current finance rates.
ABCC has the right to reasonable periodical increases in the Total Monthly Payment, to reflect changes in the economic environment as defined by standard cost of living indexes.
5 Costs and commissions
You agree to ABCC paying commissions or fees to any consultant, broker, agent or other person who introduces you to Abtrac, or who acts in any authorised and agreed manner to install Abtrac or train you in Abtrac. You agree to reimburse ABCC for all expenses we reasonably incur including if you breach this Agreement all costs of repossessing the Software should we choose to do so.
6 Administration and insurance charge
This fee is for ABCC’s related administration costs plus replacement of the Abtrac media or manual, should it be lost, damaged or stolen. Claims must be in writing giving the reason for the required replacement and adequate proof of the loss.
7 Software Updates/Customer Benefits
ABCC provides Abtrac maintenance, upgrade and information services free of charge as part of this agreement. These are delivered via telephone, e-mail and internet.
You can telephone or e-mail at any time with any questions or suggestions regarding Abtrac, its functionality or its platform. We guarantee to respond as soon as is practicable to your query.
Full support is available 8:00am to 4:00 pm Monday to Friday. The support team will answer your questions and help with support issues via email, telephone, and remote sessions where we log into your computer. Your monthly fee includes this support and free upgrades at no extra cost. (* Telephone support calls are limited to 15 minutes at a time)
N.B. Support does not include customisations, nor any other ‘extras’. Just as your business charges for variations, so do we. These include on-site visits for training or consulting, server installs (or reinstalls), special report requests, custom screen modifications or security requests, off-site hosting, data file recoveries etc.
Once Abtrac is installed, the understanding is that all subsequent updates and modifications of Abtrac or the data file (whether an upgrade, fix or special request) can be managed via e-mail and the internet.
In accepting this, the understanding is that you will have suitable technology, and suitably skilled people available to enable and expedite such deliveries and installations as required.
Please note as mentioned in Clause 3, that the data file is not included in any way in this commitment beyond its initial supply and subsequent routine upgrades. Any decision ABCC makes to assist with wrongly entered or corrupt data will be entirely at our discretion, with your prior approval of costs.
As technology and other changes impact on Abtrac and its environment, ABCC releases updates at no extra cost to current pay-as-you-use Abtrac users. Via email you will receive early notification of updates, pre-release information and newsletters.
8 Additional Notices
You agree to write to us as soon as any item arises which we should be aware of regarding your ability to comply with this Agreement. Your tax invoices for the monthly payments will be delivered only if requested.
These terms were last updated 1st April 2017