Terms of Service
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; and
c) 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; nor
c) 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.
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; or
e) 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.
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
1) 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.
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.
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.
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 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.