Terms & Conditions
Employee Attendance Cloud terms & conditions
Welcome to the Terms & Conditions page of the www.employeeattendance.co.uk website (the "website" or "Site"), which is operated by Chronologic Ltd, a company registered in England & Wales (No. 3898806) with offices at Units 20 - 24 Fourth Avenue, Westfield Industrial Estate, Midsomer Norton, Radstock, BA3 4XE, UK ("CLL" or "we" or "us"). The terms "you" and "your" refer to the user or viewer of our website.
This website gives information about the Employee Attendance Cloud system which uses a subscription service operated using an associated website mytimesheets.co.uk
It also contains all contractual information governing the relationship between you and us including aspects relating to UK GDPR (see Privacy Policies and the Data Processing Agreement set out below).
The two websites are designed for different purposes and for that reason the legal aspects set out below are explained in a separate section for each website.
For ease of reference, this page contains the legal and contractual information relating to the websites.
Each of the sections below should be read and interpreted as a separate agreement or other legal document.
- The content of the pages of this website is for your general information and use only; it is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, completeness or suitability of the information and products found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by us or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of the website’s content without written permission is prohibited.
- This website may include links to other websites for your convenience and to provide further information. Where links are to websites not managed by CLL we shall have no responsibility for the content of a linked website.
This website can only be used in conjunction with a customer-specific sub-domain name and is a secure website dedicated to users of the Employee Attendance Cloud subscription service (the "Service"). To use the Service you must first sign up using the Sign-up page.
The Service is being progressively developed. There will be changes made to the system from time to time which will affect the appearance of particular pages and enhance the system functionality.
Although there is a range of common requirements for employee time recording that the Service is seeking to fulfil, the range of potential requirements for employee time recording is virtually unlimited. Before signing up to the Service you should satisfy yourself that the Service will meet their requirements; trial subscriptions are available so that you can try out the Service.
We do not warrant that the Service will be suitable for all your employee time recording requirements. A wide range of information is available at employeeattendance.co.uk and we can be contacted to discuss your specific requirements and the features of the Service; you retain the responsibility for deciding whether the Service meets your needs.
This website contains material which is owned by us or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of the website’s content without written permission is prohibited.
CLL Employee Attendance Cloud Service Agreement
The following are the terms and conditions (the "Terms and Conditions") for use of the CLL Employee Attendance Cloud software (the "Software") and the provision of a subscription service to be used by you for tracking and reporting employee work time (referred to as the "Service").
Chronologic Ltd is a company registered in England & Wales (No. 3898806) with offices at Units 20 - 24, Fourth Avenue, Westfield Industrial Estate, Midsomer Norton, BA3 4XE (“CLL”).
By enrolling to use the Service you agree to be bound by these Terms and Conditions, including all payment terms, policies, practices, rules, standards and guidelines related to the mytimesheets.co.uk Site and/or the Service that are in effect from time to time (collectively, the "Agreement"). Your successful enrolment for the Service constitutes your acceptance of this Agreement and thereafter you will be allocated an account ("your Account").
The text of this Agreement as amended from time to time is located in the 'link' labelled 'Terms & Conditions' at the bottom of the pages on the website www.employeeattendance.co.uk.
Any reference to "you" or "your" refers to the person or entity subscribing to the Service. You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Service shall be bound by and shall abide by these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party.
By accepting the Terms and Conditions, you (a) represent and warrant that you are 18-years old or older; (b) agree to provide true, accurate, current and complete information; and (c) agree to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, CLL has the right to terminate your Account and refuse any and all current or future use of the Service.
- Rights to use the Service
CLL hereby grants to you a non-exclusive licence to use the Service in the United Kingdom in accordance with the terms of this Agreement. You may not: (a) modify, translate, or create derivative works based on the Service or the Software, or permit other individuals to do so; (b) rent, lease, transfer or otherwise transfer rights to the Service or the Software; (c) use a single account for multiple business entities, unless specifically authorised by CLL in writing; (d) provide third parties with access to your account, except for third parties specifically authorised by CLL; and/or (e) reverse engineer or disassemble the Service or the Software.
- Intellectual property
2.1 All data not expressly entered into the CLL Employee Attendance Cloud system by you is the intellectual property of and owned by CLL.
- Charges and payment
3.1 The charges for the use of the Service shall be charged per month as posted on the Employee Attendance Cloud Site or in this Agreement (the “Monthly Charges”). The Monthly Charges currently in effect that will be applied at the time of signing or electronically agreeing to these Terms and Conditions are set out below:
Monthly Charge Per Employee:Band 1 - £2.99
Band 2 - £2.79
Band 3 - £2.59
Band 4 - £2.39
Band 5 - £2.19
3.2 You expressly acknowledge that in addition to the Monthly Charges to use the Service, the following charges will be levied (the ”Additional Charges”). For each Additional User you agree to pay an Additional Charge of £10.00 per month.
3.3 The amounts of Monthly Charges and Additional Charges shown above exclude VAT, which will be added at the rate applicable at the date that Monthly Charges and Additional Charges are charged to your Account.
3.4 CLL reserves the right to change the Monthly Charges and/or the Additional Charges at any time, in its sole discretion, by posting notice of the same on the Employee Attendance Cloud Site or by updating this Agreement and any such change shall become effective at the start of the month following the announcement of the change.
3.5 CLL reserves the right to change its payment policies from time-to-time in its sole discretion and any and all CLL payment policies posted on the Employee Attendance Cloud Site or in this Agreement shall be incorporated into these Terms and Conditions. You agree to pay CLL all Monthly Charges and Additional Charges charged to your Account, in sterling, and in accordance with the payment policy in effect at the time those charges become due.
3.6 You agree and represent that all information you provide for the purpose of enrolling for the Service, will be accurate, complete, and current.
3.7 Following your enrolment to use the Service, CLL will issue a proforma invoice to you for the first month’s subscription to the Service and access to the Service will be provided to you following payment of the proforma invoice.
3.8 You will provide to CLL a valid Direct Debit Instruction to enable CLL to collect payment for use of the Service for the second month onwards. You expressly authorise CLL to request payment by Direct Debit for all and any applicable Monthly Charges and Additional Charges associated with your Account.
3.9 If payment cannot be obtained by Direct Debit when requested for whatever reason, CLL reserves the right to either suspend or terminate your Account and your use of the Service.
3.10 In the event of any failure by you to make payment when requested for user of the service, you shall be responsible for all reasonable expenses (including legal fees) incurred by CLL in collecting such amounts plus interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
3.11 All Monthly Charges and Additional Charges due and paid shall be non-refundable.
- Representations and warranties
4.1 You represent and warrant (a) that you have sufficient authority to enter into this Agreement; (b) that you will at all times be in compliance with all applicable laws; (c) that you shall not be in violation of any obligation, contract or agreement by entering into this Agreement, by performing your obligations under this Agreement or by authorising and permitting CLL to offer and perform the Service; (d) that you will comply with all of the terms and conditions of this Agreement, as amended from time to time; and (e) that all information provided by you is truthful, accurate, and complete, and is not misleading in any way.
- Contract period
5.1 This Agreement shall run for a period of one month from the date of enrolment for the Service and shall thereafter re-commence at the beginning of each subsequent month and run for a further period of one month until terminated. The Monthly Charges and Additional Charges shall be charged at the rates applicable at the start of each month.
6.1 You may terminate this Agreement at any time and for any reason by logging on to your Account on the Site and cancelling the Service. CLL does not refund or prorate any Monthly Charges or Additional Charges in the event that you cancel the Services prior to the end of a month. Once your Account has been terminated, you will no longer be able to access the information previously stored on your Account.
6.2 CLL's rights to terminate are set out below:
6.2.1 CLL may terminate this Agreement in its sole discretion by giving fourteen days written notice to you prior to the end of the current month of its intention to terminate this Agreement.
6.2.2 In addition, notwithstanding anything contained in this Agreement to the contrary, CLL may in its sole discretion immediately terminate your Account at any time and discontinue your participation in the Service if CLL believes that your conduct may be harmful to its business. Reasons for such termination may include, but are not limited to the following: (a) failure to make payment in accordance with this Agreement; (b) if CLL believes that you have violated this Agreement or other policies or guidelines of CLL; and/or (c) if CLL believes your conduct may be harmful to others who participate in the Service. If CLL terminates under this Section 6.2.2, CLL's termination shall be effective immediately and the notice provisions of Section 6.2.1 shall not apply.
6.2.3 All decisions made by CLL in this matter will be final and CLL shall have any liability with respect to such decisions.
6.3 Upon termination you will no longer be able to access your Account. Irrespective of which party terminates this Agreement you will be responsible for all Monthly Charges and Additional Charges incurred up to and including the date of termination and such Monthly Charges and Additional charges will be due and payable immediately. Upon any termination CLL reserves the right to delete any and all information in your Account at its discretion and your Account will no longer be accessible by you.
7.1 CLL may from time to time amend this Agreement in its sole discretion by giving not less than 14-days notice prior to the implementation of any changes to this Agreement. Any changes will be emailed to you and/or posted in this Agreement on the website www.employeeattendance.co.uk by CLL. Any use of the Service and/or the Employee Attendance Cloud Site after such notice shall be deemed to be continued acceptance of this Agreement including any amendments and changes. No conditions other than those set forth in this Agreement shall be binding on CLL unless CLL expressly agrees to such conditions in writing and signed by a director of CLL. CLL reserves the right to discontinue offering the Services and/or Site at any time.
- Technical support
8.1 CLL will supply technical support for the Service via email. Access to email support can be found by clicking on the 'tab' labelled 'Support' located on the top of the pages on the website www.employeeattendance.co.uk
Telephone support is also available by calling 01761 410084 between 09.00 and 17.00 hours from Monday to Friday excluding bank or public holidays.
- Time clock data
9.1 The time clock data for the Service will be hosted by CLL on servers at a nationally-recognised enterprise-class hosting facility and the data will be backed-up on a regular basis. You are responsible for exporting your time clock data. You must determine whether the Service sufficiently meets your requirements. CLL does not warrant that your use of the Service will be uninterrupted or that the operation of the Service will be error-free or secure.
9.2 Your data consists of the time information input into the CLL Employee Attendance Cloud interface by you. CLL shall not use your data except directly in furtherance of the purposes of this Agreement.
- Disclaimer of warranties
10.1 You expressly agree that your use of the website and/or Service is at your own risk. The Employee Attendance Cloud Site and/or the Service are available on as 'as is' basis without warranty of any kind, express or implied, including but not limited to implied warranties of performance, merchantability or fitness for a particular purpose and CLL disclaims any warranty regarding the availability, accuracy or content of the Employee Attendance Cloud website and the Service, or any economic benefit that you may gain from the use of the Employee Attendance Cloud website and/or the Service.
- Limitation of liability
11.1 Except in respect of personal injury or death caused by CLL's negligence, CLL shall not be liable to you for any consequential loss, compensation, cost, expense, damage or other claims (whether for loss of profit or otherwise) whatsoever (whether caused by the negligence of CLL, its employees or agents or otherwise) arising out of or in connection with this Agreement or the supply of the Service.
11.2 CLL's total cumulative liability to you in respect of this Agreement in contract, tort (including negligence or breach of statutory duty) shall not exceed an amount equal to all amounts actually paid by you to CLL during the three-month period immediately preceding any such liability. You acknowledge that these limitations are reasonable, that they are an essential element hereof and that in the absence of such limitations CLL would not enter into this Agreement.
- No assignment or resale
12.1 You may not re-sell, assign, or transfer any of your rights under this Agreement, and if you attempt to re-sell, assign, or transfer your rights, CLL may immediately terminate this Agreement without liability to CLL.
13.1 Law and jurisdiction
This Agreement shall be construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any disputes which may arise in connection with this Agreement.
13.2 Entire Agreement.
This Agreement constitutes the entire agreement between you and CLL and replaces all previous communications, representations, understandings, and agreements, whether verbal or written between you and CLL. No representations or statements of any kind made by you or us which are not expressly stated in this Agreement shall be binding on you or us.
13.3 Circumstances beyond our reasonable control
CLL will make every effort to perform its obligations under this Agreement. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
13.4 Invalid clauses
The invalidity or unenforceability of any provision of this Agreement shall not adversely affect the validity or enforceability of the remaining provisions.
The titles and headings of the various sections in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of this Agreement.
The terms of Sections 1, 2, 3, 4, 6, 10, 11, 12 and 13 shall survive the termination of this Agreement.
Data Processing Agreement
This Data Processing Agreement for the CLL Employee Attendance Cloud Service (the "DPA") forms part of the CLL Employee Attendance Cloud Service Agreement for the use of the mytimesheets.co.uk website and is between: Chronologic Ltd, a company registered in England & Wales (No. 3898806) with offices at Units 20 - 24, Westfield Industrial Estate, Fourth Avenue, Midsomer Norton, BA3 4XE, UK ("CLL" or "we" or "us"); and you as the user ("you") of the CLL Employee Attendance Cloud Service (the "Service").
By using the Service it is deemed that you agree to the following terms; if you do not agree with the following terms you must not use the Service.
- Definitions and Interpretation
Unless otherwise defined herein, defined terms and expressions used in this DPA shall have the following meaning:
“Data Controller” shall have the same meaning as 'controller' as defined in UK GDPR;
“Data Protection Laws” means the UK Data Protection Act 2018 as amended, including UK GDPR (UK General Data Protection Regulations);
“Data Transfer” means the transfer of your Personal Data to our Sub-processor for the purpose of providing the Service;
“Personal Data” means for the purposes of this DPA "any information relating to an identified or identifiable natural person" as defined in UK GDPR Article 4(1) but excluding all special categories of personal data as defined in UK GDPR Article 9(1);
“Service” means the CLL Employee Attendance Cloud Service;
“Subprocessor” means Amazon Web Services, the company that we subcontract processing and data storage to as part of providing the Service;
“UK GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018;
“you” and “your” refer to the user of the Service;
“The terms “Data Subject”, “Personal Data Breach” and “processing” shall have the same meaning as in the UK GDPR and their cognate terms shall be construed accordingly.
- Nature and purpose of the processing
You act as Data Controller and wish to subcontract certain services, which require the processing of your Personal Data, to CLL. The purpose of the processing is to analyse and report on time and attendance data collected by means such as RFID (radio frequency identification) or biometric terminals (which collect pseudonymised biometric data) or web clocking for payroll or HR or management purposes. The processing of your Personal Data is considered by CLL to result in a low risk to the rights and freedoms of your staff. You will need to determine the suitability of the Service for your needs and purposes, and to do so you can access and trial a test account for the Service, which will enable you to understand the scope of the Personal Data you will be providing when you use the Service.
- Processing of Personal Data
3.1 CLL shall comply with all applicable Data Protection Laws in the processing
of your Personal Data; and only process your Personal Data for the purposes of providing the Service.
3.2 Your use of the Service shall represent an instruction from you to CLL to process the Personal Data provided by you.
3.3 You guarantee that you are providing Personal Data in accordance with Data Protection Laws and you acknowledge that you shall have sole responsibility for the accuracy, quality and legality of Personal Data and the means by which it was obtained.
- Confidentiality and Security
4.1 CLL shall treat all Personal Data as strictly confidential and use it only in connection with providing and supporting the Service.
4.2 CLL’s employees shall be subject to an obligation of confidentiality that ensures that its employees who have access to the Service shall treat all the Personal Data provided for the Service as strictly confidential.
4.3 CLL shall implement the appropriate technical and organisational measures to comply with Article 32 of UK GDPR and verify that the Subprocessor has also implemented appropriate technical and organisational measures.
- Rights of the Data Subjects
5.1 If you receive a request from a Data Subject for the exercise of the Data Subject's rights under UK GDPR and the correct and legitimate reply to such a request necessitates CLL's assistance, we will assist you as appropriate.
5.2 If CLL receive a request from a data subject for the exercise of the data subject’s rights under UK GDPR and such request is related to your Personal Data we will immediately forward the request to you and shall refrain from responding to the person directly.
- Personal Data Breaches
6.1 CLL shall notify you without undue delay if a Personal Data Breach occurs that can lead to the accidental disclosure of, or access to, your Personal Data.
6.2 CLL shall make reasonable efforts to identify the cause of such a Personal Data Breach and take those steps as CLL deems necessary to establish the cause of such a Personal Data Breach and to prevent such a Personal Data Breach from recurring.
- Subprocessing and Data Transfers
7.1 CLL shall have general authorisation to use third parties to process the Personal Data ("Subprocessors") without obtaining any written, specific authorisation from you and such third parties as appointed as a Subprocessor are identified in this DPA. In the unlikely event that CLL intend to change the Subprocessor specified in this DPA, we will contact You.
- Assisting the Data Controller
8.1 CLL shall assist you in ensuring compliance with your obligations pursuant to Articles 32 to 36 of UK GDPR taking into account the nature of the processing and the information available to CLL.
8.2 CLL shall make available to you all information necessary to demonstrate compliance with the obligations specified in UK GDPR Article 28.
- Duration of Processing and Deletion of Personal Data
9.1 This DPA and the processing commence upon your signing up to use the Service; the duration of the processing is from that date up to the date that you cancel your subscription to the Service.
9.2 CLL shall ensure that your Personal Data is deleted immediately and automatically on cancellation of the Service.
- Remuneration and costs
Whilst CLL will provide you with assistance and make available information under clause 8 of this DPA, in circumstances where CLL in its sole discretion considers the assistance or information requested is excessive CLL reserves the right to charge for the work needed to provide such assistance or information at its technical support or management hourly fee rates as appropriate plus costs incurred including VAT.
11.1 All notices and communications given under this DPA shall be in writing and sent by email or post to the address set out in 'Contact Details' on the employeeattendance.co.uk website.
11.2 The titles and headings of the various sections in this DPA are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of this DPA.
11.3 This DPA shall be construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any disputes which may arise in connection with this Agreement.
This policy was last modified on: 14 October 2021