Terms of Service for EfficientTime
Please read this Terms of Service (TOS) carefully before registering with EfficientTime.  This agreement is between Niteco Vietnam Co., Ltd (“Niteco”) and any customer or user (“User”) availing of Niteco’s time-tracking service called EfficientTime (“Service”). 

Acceptance of Terms
By accessing and using EfficientTime, the User accepts and agrees to be bound by our Terms of Service.  This includes rules, guidelines, and features currently in place, which may be modified by Niteco in the future.  Continued use of the Service after such changes or additions shall constitute consent of the User to such changes.  Niteco may, in its sole discretion, modify or revise the TOS at any time without notice to its Users.

Description of Service
The Service provides the User a non-exclusive license to:
a) Access and use Service through the user interface of its website;b) Use the Documentation related to the Service, including multimedia resources such as audio recordings and videos;c) Transmit and store data related to the use of the Service over the Internet and into the server(s) hosting the Service.

Provision of Service
1) In order to access the Service, the User agrees to: a) subscribe to a User account and its associated requirements including providing accurate, current and complete information as may be required by the Service; b) use the Service in compliance with all applicable local, state, national and international laws, rules and regulations, including intellectual property and copyright laws and laws prohibiting the use of telecommunications facilities to transmit illegal, obscene, threatening, harassing, or other offensive messages or files; andc) acknowledge that Niteco is not responsible for any use or misuse of the Service by other Users. Each User is responsible for all activities on his or her account, and for all charges incurred by the User’s account.

2) The User will not:a) re-license or sell the rights to access and/or use the Service; b) modify, translate, reverse engineer, decompile or create derivative works based on the Service; norc) use any web robot or other automated device to access or modify the data in the Service.

3) Niteco shall make the Service available on Internet and use its best effort to provide access to the software on a twenty-four hours a day, seven days a week basis. However, Niteco shall not be held liable for interruptions or delays in transmissions or availability of the Service caused by force majeure, including acts of riots, Government, acts or omissions of Internet providers, or any other causes beyond Niteco’s control.
4) Niteco reserves the right to modify, suspend, or discontinue the Service upon 30 days notice for any reason.  Such notice will be provided through the user’s registered email.
5) Niteco will make periodical backup copies of the data collected by User and does not provide any warranty and disclaim any liability in respect of data safety, consistency and integrity. User bears the entire risk for any loss of data or its quality.

Security
1) The User will not:a) transmit or share identification or password details to persons other than authorized Users; b) permit the identification or password codes to be cached in proxy servers and accessed by individuals who are not authorized Users; c) permit access to the Service through a single password made available to multiple users;d) abuse or fraudulently use the Service, such as accessing, altering, adding, or destroying any information belonging to other users without proper the access rights or authorization; ore) disclose any passwords to any third party not authorized to use the Service.
2) In case of unauthorized access, the user will promptly notify Niteco and will cooperate in any related remedial efforts.

Technical Support
1) Technical support is provided to the User through email and Skype from Mondays to Fridays, 9AM to 5PM, Bangkok Time (+7 GMT).  Please refer to the Service Level Agreement (SLA).

Payment and Access to the Premium Account 

The Service with basic features is free to Users who agree to the Terms of Service.  Premium features will be available as a Premium Service to Users who convert their accounts into Premium Accounts.
2) By subscribing to the Premium Service, the User shall comply and agree to the fees, rates and the billing cycle associated with the Premium Service.
3) A valid credit card is required for Premium Accounts. Upon subscribing to the Premium Service, the User shall provide Niteco with valid and up-to-date credit card or bank account information. The User shall authorize Niteco to charge the User’s credit card or bank account for the initial premium subscription term and any subsequent renewals, in compliance with the associated fees, rates and the billing cycle. Such charges shall be made in advance, either annually or monthly or quarterly, depending on the nature of the fee.
4) If any fee is not paid in a timely manner, or if Niteco is unable to process your transaction using the credit card information provided, Niteco reserves the right to revoke access to the Premium Service.  
5) Niteco may change the fees, rates and the billing cycle for the Premium Service upon 30 days notice.  In the event that the User does not agree with the respective change(s), they may unsubscribe from the premium Service and export their data within the 30-day notice period.  After the expiration of the 30-day notice period, the User will be automatically reverted to the free service, with premium features rendered inactive.  The data of inactive Premium Accounts will be kept by Niteco for a maximum of six months before being permanently deleted.  The Premium Service may be re-activated anytime within this period to resume access to such data, upon consent to the fees, rates and billing cycle stated by Niteco.  
6) All fees and rates are exclusive of value added tax, sales tax and other public burdens. The User shall be solely responsible for all taxes and burdens levied on their purchase or use of the Service.
7) All payments for the Service are handled by a third-party payment gateway and Niteco is not responsible for the processing of User’s payments and shall not be liable for any matter in connection therewith.
Termination
1) The User may terminate this Agreement by deleting or archiving his or her account in the Service.
2) Niteco may terminate the account of the User provided that Niteco gives the User at least fourteen (14) days notice via email and a reason why the account will be terminated.

Intellectual Property
1) Niteco owns all rights and titles in the Service, including its software, website, and user interface.  Niteco claims no intellectual property rights over the data and files the User provides to the Service.   
Confidentiality and Privacy (transferred to Privacy Policy)
2) The User permits Niteco to copy, aggregate, process and display their data for statistical, reporting, and research purposes, provided such data cannot be used to identify the User.  Such data will be made anonymous and may be shared with third parties.
3) All data or information pertaining to a specific user or organization transmitted to, or stored in Efficient Timesheet will be held as confidential by Niteco.  Personal Information will be collected, used, and retained only for account creation and management, communication regarding the Service, and research for purposes of improving the Service.  Users will have the option to have their name and email included in our newsletters, and to unsubscribe from them.

Warranties and Disclaimer
1) Niteco supplies the Efficient Timesheet “as-is”.  We do not warrant that: a) the Service will meet the requirements or expectations of users, b) the Service will be uninterrupted or error-free nor that these errors will be corrected. Please refer to our Service Level Agreement for more information about bugs.
2) All conditions, representations and warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are disclaimed to the extent permitted under the User’s local laws.  
3) The user understands and agrees that Niteco shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, data or other intangible losses resulting from the usage of the Service.

Service Level Agreement
This Service Level Agreement ("SLA") is between Niteco Vietnam Co., Ltd (“Niteco”) and any registered user (“User”) of Niteco’s time-tracking service called EfficientTime (“Service”).  

Definitions
a) “Maximum Connectivity Minutes” is the total number of minutes during a billing month which the Service is expected to be accessible by the User through the internet. For a 30-day month, for example, the maximum connectivity minutes is 43,200 for a Service that is available 24 hours a day, seven days a week. 
b) “Downtime” is the total accumulated minutes that the Service is inaccessible by the User during a five minute period, as measured and aggregated in five minute intervals.  For example, if the Service is inaccessible for 10 minutes due to maintenance, the Downtime is two units with a total of 10 minutes. 
c) “Monthly Connectivity Uptime Percentage” is the total number of Maximum Connectivity Minutes less Downtime divided by Maximum Connectivity Minutes for a billing month.
d) “User Support” means the assistance that Niteco may provide assistance to the User to resolve issues with the Service.
e) “Service Level” means standards Niteco chooses to adhere to and by which it measures the level of service it provides.
f) “Incident” means any set of circumstances resulting in a failure to meet a Service Level.
g) “Bug” is a flaw in the Service which prevents a desired or expected outcome.
h) “Workaround” means a method of avoiding an Incident or Bug, either by employing a temporary fix or technique

Service Availability
1) EfficientTime is hosted on Windows Azure.  As such, Niteco can only guarantee availability that is specified by the Windows Azure service (“Azure”) which is an Uptime of 99.95%.  
2) Niteco shall inform the User of scheduled maintenance 24 hours via the User’s registered email before such maintenance takes place.  Included in this notification will be the length of time of the maintenance.

User Support
1) Niteco shall provide the User support through email or Skype communication from Mondays to Fridays, 9AM to 5PM (Bangkok Time +7 GMT).   Communication can be done by:a) Sending an email to [email protected]) Calling niteco.support (username) on Skype 
2) Prior to availing of support, the User is expected to have read the documentation available in the Resources and Support sections of the EfficientTime website.

Incidents and Bugs
1) Niteco shall respond to Incidents within 24 working hours from the receipt of such message or email.  2) The User is encouraged to report bugs to Niteco.   It is the sole discretion of Niteco whether certain bugs are to be classified as critical or non-critical and whether or not such bugs will be fixed.  Niteco is not obliged to give estimates of when a certain bug will be resolved, even if Niteco expressly states to provide a fix for such a bug.
3) For critical issues or bugs that cannot be resolved within a reasonable amount of time due to complexity, Niteco shall provide adequate workarounds to the User.
4) Niteco has no obligation under this Agreement to support the following: a) versions of the Service not explicitly stated in this Agreement;b) problems and/or errors created by User negligence;c) problems and/or errors resulting from the use of non-recommended third party software or from hardware malfunction;d) incidents and feature requests that are beyond the scope of the intended purpose of the Service.  

User Queries and Feature Requests
1) Niteco shall entertain only User queries that the website or Service documentation does not address.
2) Niteco shall entertain feature requests from the User, in order to further improve the Service.  However, Niteco has the right to refuse certain requests that are out of scope of the intended purpose, incompatible with the overall Service design, or are not feasible due to limitations in resources.

Privacy Policy for EfficientTime
Please read this Privacy Policy before registering with EfficientTime.  This agreement is between Niteco Vietnam Co., Ltd (“Niteco”) and any customer or user (“User”) availing of Niteco’s time-tracking service called EfficientTime (“Service”). 

Confidentiality and Privacy
1) The User grants Niteco the right to display his or her name, including the name and logo of the organization that he or she is a part of, for marketing purposes for the period that the User has access to the Service.  Niteco will abide by the guidelines for using the logo and text of the organization of the User.
2) The User permits Niteco to copy, aggregate, process and display their data for statistical, reporting, and research purposes, provided such data cannot be used to identify the User.  Such data will be made anonymous and may be shared with third parties.
3) All data or information pertaining to a specific user or organization transmitted to, or stored in EfficientTime will be held as confidential by Niteco.  Personal information will be collected, used, and retained only for account creation and management, communication regarding the Service, and research for purposes of improving the Service.  Users will have the option to have their name and email included in our newsletters, and to unsubscribe from them.
4) The use of cookies by third parties is not covered by our Terms of Service.  Niteco does not have access or control over these cookies.