Last updated: 16 February 2021

User Terms

These user terms govern your access and use to our online workplace productivity tools and platform including any mobile applications we provide (the Services). Please read them carefully. These terms together with the Privacy and Cookie Policy make our User Terms.

By accessing or using the Services you are agreeing to comply with and be bound by our User Terms. If you do not agree to be bound by our User Terms (or any part of them) please do not use or access the Services. We have the right to suspend or terminate the Services in the event you breach, or we reasonably believe that you have or may breach our User Terms.

About Us and Contacting Us

The Services are owned and operated by TIM Technologies Limited. We are a limited company is incorporated in England with company number 12839827 with its registered address at 60 Ifield Road, London, SW10 9AD. To contact us, please email us at help@timworks.com.

Definitions

The following definitions apply to our User Terms:

Use Of The Services

As a User you agree that in connection with the Services you:

1. shall only access the Services if you have been authorised by the Customer;

2. shall comply with all applicable local, national or international law or regulation;

3. shall not act in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

4. shall not act in any way that may create a risk of harm, loss, or injury;

5. shall not use unauthorised automated means to access the Services or otherwise gain unauthorised access to the Services or to any account or computer system connected to the Services;

6. shall not ‘harvest,’ ‘scrape’ or collect information from the Services using an automated software tool or manually on a mass basis;

7. shall not transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

8. shall not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

9. shall ensure you are providing us with accurate, complete and up-to-date information shall update such information, as needed, to keep it accurate, complete and up-to-date;

10. shall keep confidential and be responsible for your login credentials, usernames or passwords or any other piece of information as part of our security procedures and you must not disclose it to any third party. You acknowledge that we are not liable for any loss or damage arising from your failure to protect this information;

11. shall agree to receive communications provided through the Services from the Customer, the Customers, the Users;

12. shall not use the Services for any purpose that is prohibited by our User Terms;

13. are over 18 years of age; and

14. shall not to use the Services in excess of objectively reasonable usage limits, for example not to use the Services in a way that places undue strain on the Services underlying technical infrastructure or in a way that could prevent the proper use of the Services by other Users.

The Customer

You understand that it is the Customer’s responsibility to:

The Services

You shall be permitted access to the Services provided the Customer has a subscription in place for you. We give no representations or warranties of any kind, whether express or implied, to you relating to the Services. You understand that the Services are provided on an “as is” and “as available” basis.

Our Rights

We reserve the right to:

1. temporarily or permanently modify the Services (or any part thereof) with or without notice to you and we shall not be liable to you or any third party for any modification to the Services. In the event that we make any significant changes to the Services we will use our best endeavours to inform you of such changes in advance in writing;

2. temporarily withdraw the Services (or any part thereof) with or without notice or permanently withdraw the Services (or any part thereof) with notice in writing to you and we shall not be liable to you or any third party for any withdrawal of the Services;

3. remove Customer Data if we believe there is a credible risk of harm to us, the Services, other Users, or any third parties;

4. prevent or suspend your access to the Services, if you do not comply with any part of our User Terms, any terms or policies to which they refer, or any applicable law; and

5. change or update our User Terms from time to time. Your continued use of the Services (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether our User Terms have been changed. If you do not agree to any change to our User Terms then you must immediately stop using the Services. In the event we make any significant changes to our User Terms we will inform you of such changes in advance in writing.

Beta Testing

At times we may seek beta testers to help us test our Services or new features. These features will be identified as “beta” or “pre-release,” or words or phrases with similar meanings (each, a Beta Product). Beta Products are made available “as is,” and any warranties or contractual commitments we make for other Services do not apply. If you encounter any faults with our Beta Products, we would love to hear about them; our primary reason for running any beta programs is to provide better services to you and iron out issues before making a new feature widely available.

Limitation of liability

In no event shall we be liable to you or any User, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, for any losses or damages arising out of or in connection with use of, or inability to use, the Services or with reliance on any Customer Data available on or through the Services, including, without limitation, any loss of profits, data, goodwill, sales, business, revenue, anticipated savings, business opportunity, reputation (in all these cases whether direct or indirect), any business interruption (whether direct or indirect), or any indirect, consequential or special loss or damage. To the extent permitted by law, our maximum aggregate liability to you for any breach of the user terms is one hundred sterling pounds (£100) in the aggregate.

If you are dissatisfied with the Services or our User Terms, your sole and exclusive remedy is to discontinue using the Services.

Intellectual Property Rights

We own all Intellectual Property Rights in the Services. We and our licensors reserve all of our and their rights in any such Intellectual Property Rights. This means, for example, that we and they remain owners of them and free to use them as we and they see fit. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or electronic means) the Services or any part of them.

General Provisions

Notices

All notices to you in connection with our User Terms will be by via the Services or email you have provided to us. Notices to us should be sent to help@timworks.com, Notices will be deemed to have been duly given

1. the day after it is sent, in the case of notices through email; and

2. the same day, in the case of notices through the Services.

How we may use your personal information

We will only use your personal information as set out in our Privacy and Cookie Policy.

Viruses

We do not guarantee that the Services will be secure or free from bugs or viruses. You are responsible for configuring your device in order to access the Services and you should use the Customer virus protection software. We will not be liable for any loss or damage caused by a virus or any other technologically harmful material that may infect you due to your use of the Services.

Force Majeure

We will not be liable for any delay, interruption or failure to the Services if such failure is caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay our ability to provide the Services.

Transferring our User Terms

We may transfer our rights and obligations under our User Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under our User Terms. If you are unhappy with the transfer, you may contact us to end our User Terms within 30 days of us telling you about it. You may not transfer your rights or obligations under our User Terms.

Severance

If a court finds part of our User Terms illegal, the rest will continue in force. Each of the paragraphs of our User Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Delay

Even if we delay in enforcing our User Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under our User Terms, or if we delay in taking steps against you in respect of your breaking our User Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Survival

Any provision of our User Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

Governing Law and Jurisdiction

Our User Terms are governed by English law and under the jurisdiction of the English courts.

Feedback

We welcome any feedback, please contact us at help@timworks.com. By sending us feedback you grant to us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation. We may choose not to implement the suggestion, please don’t take it personally. We always appreciate any feedback we are given.

Last updated: 16 February 2021

Customer Terms

These terms (the Customer Terms), together with any documents referred to in them, set out the terms which apply to your use of and access to our online workplace productivity tools and platform including any mobile applications we provide (the services). These terms together with the Privacy and Cookie Policy and User Terms together make our Terms.

By accessing or using the Services you are agreeing to comply with and be bound by our Terms and any Order Form (as defined below) which has been provided to you. If you do not agree to be bound by our Terms (or any part of them) or any Order Form please do not use or access the Services. We have the right to suspend or terminate the Services in the event you breach, or we reasonably believe that you have or may breach, our Terms.

About Us and Contacting Us

The Services are owned and operated by TIM Technologies Limited. We are a limited company incorporated in England with company number 12839827 with its registered address at 60 Ifield Road, London, SW10 9AD. To contact us, please email us at help@timworks.com.

Our VAT number is 369 2502 82.

Definitions

The following definitions apply to the Customer Terms:

Use Of The Services

The Services have been developed using reasonable skill and care, however the Customer is responsible for the Customer and any Users that use the Services. In connection with the Services, the Customer, and the Customers shall ensure that the Users, shall:

Customer Data

Protection of Customer Data is a top priority. We will maintain safeguards to ensure the Customer Data is kept safe and we take measures to ensure any third party service providers do the same. The Customer understands that it has sole responsibility for adequate security, protection and backup of Customer Data when in Customer’s, Users or the Customers representatives’ or agents’ possession or control. We are not responsible for what the Customer, Users or Third Party Products do with Customer Data. That is Customer’s responsibility.

You will provide us instructions on what to do with the Customer Data. For example, Customer may provision or deprovision access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign workspaces, share channels, or consolidate workspaces or channels with other workspaces or channels.

You agree that you are solely responsible for ensuring that the transfer and processing of the Customer Data in connection with the Services is lawful and any relevant consents have been obtained. You agree that you have secured the approval of the relevant stakeholders (including but not limited to Company Directors) to register for the Services and for Customers and Users to use the Services. You are also responsible for informing Users of all Customer policies and practices relevant to their use of the Services and of any settings that may impact the processing of Customer Data. 

Our Rights

We reserve the right to:

1. temporarily or permanently modify the Services (or any part thereof) with or without notice to you and we shall not be liable to you or any third party for any modification to the Services. In the event that we make any significant changes to the Services we will use our best endeavours to inform you of such changes in advance in writing;

2. temporarily withdraw the Services (or any part thereof) with or without notice or permanently withdraw the Services (or any part thereof) with notice in writing to you and we shall not be liable to you or any third party for any withdrawal of the Services;

3. remove Customer Data or disable any Third Party Products if the Customer does not take appropriate action, or if we believe there is a credible risk of harm to us, the Services, Users, or any third parties;

4. prevent or suspend your access to the Services, including by preventing you from setting up an account or by suspending or closing the accounts of any Users if you or any User do not comply with any part of our Terms, any terms or policies to which they refer, or any applicable law; and

5. change or update our Terms from time to time. Your continued use of the Services (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether our Terms have been changed. If you do not agree to any change to our Terms then you must immediately stop using the Services. In the event we make any significant changes to our Terms we will inform you of such changes in advance in writing.

Subscriptions

A subscription is required for each User of the Services. The Customer is responsible for any payments relating to the subscriptions as detailed further below. In order to activate a subscription, the User must agree to the User Terms. The number of subscriptions shall be agreed in an Order Form, please contact us if you wish to increase the number of subscriptions and this can be arranged.  

Beta Testing

At times we may seek beta testers to help us test our Services or new features. These features will be identified as “beta” or “pre-release,” or words or phrases with similar meanings (each, a Beta Product). Beta Products are made available “as is,” and any warranties or contractual commitments we make for other Services do not apply. If you encounter any faults with our Beta Products, we would love to hear about them; our primary reason for running any beta programs is to provide better services to you and iron out issues before making a new feature widely available.

Third Party Products

Our Services include a platform that third parties may use to develop applications and software that complement Customer’s use of the Services (each, a Third Party Products). You understand that is your decision on whether to utilise any Third Party Products. We make no warranty or provide any support in relation to any Third Party Products and the use of any Third Party Products is between the Customer and the third party provider.

You understand that if any Third Party Products that you enable will share Customer Data. We will not be responsible for any use, disclosure, modification or deletion of Customer Data that is transmitted to, or accessed by, any Third Party Products.

Keeping the Services Available

For all Services, we will use commercially reasonable efforts to make the Services available to Users 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but, where possible, will try to provide the Customer with advance notice (e.g., through the Services), if we think it may exceed five (5) continuous minutes.

Payment Terms

In consideration of us providing the Services you must pay our charges (Charges). If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly. Payment for the Services is in advance. We will take your first payment upon acceptance of your order and will take subsequent payments monthly in advance. We may increase the Charges upon thirty (30) days written notice to the Customer.

If you fail to pay the Charges by the due date, then, without limiting our right to terminate, you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

All Charges are non-cancellable, except as expressly stated in our Terms, fees paid are non-refundable.

Credits

Any credits that may accrue to the Customer’s account, will expire following expiration or termination of the applicable subscription will have no currency or exchange value, and will not be transferable or refundable.

Downgrade for Non-Payment

If any Charges are owed to us (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, downgrade any Services until those amounts are paid in full, so long as we have given the Customer ten (10) or more days’ prior notice that its account is overdue. The Customer understands that any downgrade may result in a decrease in certain features and functionality and potential loss of access to the Customer Data.

Intellectual Property Rights

The Customer owns all Intellectual Property Rights in the Customer Data. The Customer grants us a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display the Customer Data only as reasonably necessary (a) to provide, maintain and update the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by Customer. The Customer represents and warrants that it has secured all rights in and to the Customer Data from its Users as may be necessary to grant this license. You represent that none of the Customer Data, materials or content posted or otherwise submitted by you or any User through the Services violates, misappropriates or infringes on the rights of any third-party.  

We own all Intellectual Property Rights in the Services. We and our licensors reserve all of our and their rights in any such Intellectual Property Rights. This means, for example, that we and they remain owners of them and free to use them as we and they see fit. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or electronic means) the Services, or any part of them.

Term and Termination

Contract Term

Our Terms will remain effective until subscriptions ordered by the Customer have expired or been terminated. Termination of our Terms all subscriptions.

Auto-Renewal

All subscriptions automatically renew on a monthly basis . Either party can give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing.

Either party may terminate the Customer Terms on notice to the other party if the other party materially breaches our Terms and such breach is not cured within fifteen (15) days after the non-breaching party provides notice of the breach. The Customer is responsible for Users and their use of the Services, including for any breaches of our Terms caused by its Users. We may terminate our Terms immediately on notice to the Customer if we reasonably believe that the Services are being used by the Customer or its Users in violation of applicable law.

Effect of Termination

Upon any termination for cause by the Customer, we will refund the Customer any prepaid fees relating to the relevant subscriptions after the effective date of termination. Upon any termination by us, the Customer will pay any unpaid fees owed or due relating to their subscriptions. In no event will any termination relieve the Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.

Customer Data Deletion

Following termination or expiration of any subscriptions, we will have no obligation to maintain or provide any Customer Data connected to that subscription and may thereafter, unless legally prohibited, delete all Customer Data in our systems or otherwise in our possession or under our control.

Disclaimer And Limitation Of Liability

In no event shall we be liable to the Customer or any User, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, for any losses or damages arising out of or in connection with use of, or inability to use, the Services or with reliance on any Customer Data available on or through the Services, including, without limitation, any loss of profits, data, goodwill, sales, business, revenue, anticipated savings, business opportunity, reputation (in all these cases whether direct or indirect), any business interruption (whether direct or indirect), or any indirect, consequential or special loss or damage.

The Services are provided on an “as is” and “as available” basis. We do not warrant that the Services will be uninterrupted or error free, that defects will be corrected. To the fullest extent permitted by law, we exclude all conditions, warranties and/or representations, whether express or implied, which may apply to the Services.

Nothing in our Terms shall exclude or limit our liability for death or personal injury resulting from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited.

If you are dissatisfied with the Services or our Terms, your sole and exclusive remedy is to discontinue using the Services.

Our Indemnification Obligations

We will defend you from and against any direct third party claims, actions, suits, proceedings, and demands (including all reasonable legal fees) (a Third Party Claim) alleging that the use of the Services as permitted under our Terms violates a third party’s Intellectual Property Rights. We will have no liability if any Third Party Claim which arises from (a) Customer Data or Third Party Products; and (b) any modification, combination or development of the Services that is not performed by us, including in the use of any application programming interface (API). You must provide us with prompt written notice of any Third Party Claim and allow us the right to assume the exclusive defence and control, and cooperate with any reasonable requests assisting our defence and settlement of such matter.

Customer Indemnification

You shall indemnify us from and against any and all third party claims, actions, suits, proceedings, and demands (including all reasonable legal fees) arising from or related to Customer’s or any of its Users’ violation of our Terms,. We will provide the Customer with prompt written notice of any claim. 

Confidentiality

The parties undertake that they will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted below.

Confidential information may be disclosed:

1. to respective employees, officers, representatives, subcontractors or advisers of a party who need to know such information for the purposes of exercising any rights or obligations under our Terms; and

2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

General Provisions

Relationship of the Parties

The parties are independent contractors and there is no partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to our Terms.

Notices

All notices to you in connection with our Terms will be by via the Services or email you have provided to us. Notices to us should be sent to hello@Timworks.com, Notices will be deemed to have been duly given (a) the day after it is sent, in the case of notices through email; and (b) the same day, in the case of notices through the Services.

How we may use your personal information

We will use any personal information you provide to us to:

provide the Services;

process your payment for the Services.

We will only use your personal information as set out in our Privacy and Cookie Policy.

Linking to the Services

You may link to the homepage of the Services from another website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not present or establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice and to require you to immediately remove any link to the Services at any time, and you shall immediately comply with any request by us to remove any such link.

Viruses

We do not guarantee that the Services will be secure or free from bugs or viruses. You are responsible for configuring your device in order to access the Services and you should use your own virus protection software. We will not be liable for any loss or damage caused by a virus or any other technologically harmful material that may infect you due to your use of the Services.

Force Majeure

We will not be liable for any delay, interruption or failure to the Services if such failure is caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay our ability to provide the Services.

Transferring our Terms

We may transfer our rights and obligations under our Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under our Terms. If you are unhappy with the transfer, you may contact us to end our Terms within 30 days of us telling you about it. You may not transfer your rights or obligations under our Terms without our prior written consent (which may be withheld).

Severance

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of our Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Rights of third parties

No one other than you or us has any right to enforce the Customer Terms.

Delay

Even if we delay in enforcing our Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under our Terms, or if we delay in taking steps against you in respect of your breaking our Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Survival

Any provision of our Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

Governing Law and Jurisdiction

Our Terms are governed by English law and under the jurisdiction of the English courts.

Feedback

We welcome any feedback, please contact us at hello@timworks.com. By sending us feedback you grant to us (for behalf of the Customer and any Users) an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation. We may choose not to implement the suggestion, please don’t take it personally. We always appreciate any feedback we are given.