Terms of Service
PARTIES / ACCEPTANCE OF TERMS
These Terms of Service are an agreement between Program Works, the owner and operator of the Work Schedule DOT NET web service, and your company. The rules herein apply to all usage of the Work Schedule DOT NET service, regardless of which domain name was used to access the service. Current domain names include “workschedule.net”, and “programworks.com”. By using the Service or any portion of the Service, you are automatically agreeing to these Terms of Service, which can be changed by Program Works at any time. If the Terms of Service change at any time to your disliking, you may cancel your service by emailing firstname.lastname@example.org, in accordance with the CANCELLATION section of these Terms of Service. However if you continue to use the Service, you are automatically agreeing to any and all changes in these Terms Of Service. These Terms of Service shall be governed by, and construed in accordance with, the law of the State of Florida.
DESCRIPTION OF SERVICE
Program Works provides businesses with web software that allows managers to create, and maintain their employee work schedules online, and provides employees with access to that information via our web site and mobile app.
Employee: One actual person who can use the Service to access his or her schedule or who is scheduled using the Service. This includes any and all managers. If a person is not technically an “employee”, that person may still be considered an Employee for the purpose of these Terms of Service and by this definition of an Employee.
You: You, the customer
The Service: The Work Schedule DOT NET Service as described in DESCRIPTION OF SERVICE
Technical Support: Time spent by a Work Schedule DOT NET representative to assist the customer strictly with the operation of the Work Schedule DOT NET system.
Maximum Number of Employees: This is the maximum the number of users allowed at any time in your Users area of the Service, regardless of whether they are disabled from logging in or disabled from being scheduled. You are billed according to this number.
Actual Number of Employees: This is the actual number of Employees that have access to their schedules. You are not billed by this number, unless it exceeds your Maximum Number of Employees.
To sign up for the Service: This means to actually initiate a customer account by purchasing and giving billing information. This does not refer to signing up for the free 30 day trial.
Billing Day: This is day of the month that you are normally billed on.
Billing Period: The length of time of the contract.
FREE 30 DAY TRIAL
Program Works offers a limited thirty-day free trial. The thirty-day free trial is covered by these Terms of Service. As a potential customer your business may use a limited version of the Service for thirty days, free of charge, with limitations as described below. You may have a maximum of 75 employees using the system. If you do not sign up for the Service within thirty days after accepting the free thirty-day trial, your access will be immediately terminated and you will not be billed. Program Works is not responsible for contacting you to let you know your thirty-day free trial is over. If your company has already had a free trial in the past with the Work Schedule DOT NET service, you are ineligible for another free trial.
CONTRACT TERMS AND RENEWALS
Program Works currently offers four standard contract terms: 1 month, 6 month, 12 month, and 24 month. In all cases, you must pay in advance for the full amount of the entire term. If the term is monthly, then at the end of each billing period, the contract will automatically renew, and you will be billed according to your billing method for another month. If the contract is a 6 month, 12 month, or 24 month term, the contract will automatically renew, and you will be invoiced via email for another subscription of the same length. However, in the case of 6 month, 12 month, and 24 month contracts, you will be allowed 30 day grace period to cancel the new contract, provided that you have not actually used the Service in the new contract term.
By signing up for the Service, you agree to pay Program Works the current prices for service as indicated on the Pricing page of the WorkSchedule.Net web site.
All prices are subject to change without notice. Program Works reserves the right to negotiate prices and terms upon written contract. Prices will not be pro-rated based on a smaller number of employees for any term. Regardless of any software error in the Price Calculator, or any accidentally misquoted price, the prices listed on the Pricing page shall stand as the official price of the service, unless otherwise agreed to in a written, signed contract.
PAYMENT BY CHECK
FOREIGN CHECKS: Foreign checks are not permitted. All payments by check must be written in U.S. funds on a U.S. bank. Program Works may, at its sole discretion, return any foreign check at customer’s cost. Alternatively, if you send a foreign check despite this provision, Program Works reserves the right to accept the foreign check and convert the funds into U.S. currency. In such a case you will be credited for the amount that our bank credits our checking account after they convert your payment to U.S. dollars and after any fees or charges that are required to convert the funds in a reasonable manner. The currency exchange rate will be solely determined by our bank at the time of the deposit which is at Program Works’ sole discretion. You are responsible for any and all fees associated with the depositing and/or conversion of any foreign check. We highly recommend paying by credit card when a U.S. check is not available.
U.S CHECKS: All payments by check must be made out to “Program Works” and be in U.S. funds written on a U.S. bank. The fee for a bounced check is US$50, plus any charges or fees incurred to us by our bank or in any way connected with your bad check. Program Works reserves the right to immediately terminate an account with no refund in the event of receiving a bad check.
CHANGING THE MAXIMUM NUMBER OF EMPLOYEES
You may not reduce the Maximum Number of Employees within the term of the contract. However, if you wish to increase the Maximum Number of Employees within the term of the contract, you may do so by informing Customer Service of your wish and paying in advance the current price for additional Employees. If you wish to change the Maximum Number of Employees for the following term, either by reducing or increasing it, you may do so by informing Customer Service of your wish, and you will be billed appropriately when the current term expires and the new contract term automatically renews.
ACCOUNTS AND PASSWORDS
You as a manager will receive a company ID, a user ID, and a password to manage the schedule, with special manager rights. Also, each of your Employees will receive the same company ID, a user ID and a password to access his/her schedule on the web site and mobile app and to perform other functions as well. YOU ARE FULLY RESPONSIBLE FOR ANY AND ALL ACTIONS OF ANY MANAGERS AND/OR EMPLOYEES USING THEIR PASSWORDS AS WELL AS ANY ACTIVITY THAT OCCURS UNDER THOSE ACCOUNTS REGARDLESS OF WHO THE ACTUAL INDIVIDUAL IS WHO IS ACTING UNDER THOSE ACCOUNTS. YOU ARE RESPONSIBLE FOR MAKING SURE THAT BOTH MANAGERS AND EMPLOYEES KEEP THEIR PASSWORDS ABSOLUTELY CONFIDENTIAL. Your Employees must keep their passwords confidential. You agree to notify Program Works immediately of any unauthorized use of any password. Program Works will not be liable for any loss or damage arising from your failure to comply with this section or the failure of any of your Employees to comply with this section.
By signing up for the Service you agree to the following: Program Works will bill the amount you owe in Service fees at the start of your Billing Period. Your Billing Period starts on the date you sign up for the Service, continuing until the day before the corresponding day of the next month that you are due to be renewed, which is hereby your Billing Day. For example if you sign up for the Service on March 15th for a one month term, your first Billing Period will be from March 15th to April 14th. EXCEPTION: If the date you sign up for the Service is on the 29th, 30th or 31st day of the month, your Billing Period will start on the first of the next month.
You may choose to pay either by check or by credit card. If you choose to pay by check you must send payment immediately upon purchasing the Service. If you choose to pay by credit card, you must present valid credit card information. Program Works will attempt to send you a statement every month when applicable, but regardless, you are responsible for getting funds to Program Works on time.
If you are billing by credit card, from time to time there may be problems with billing your credit card on time. If there is a problem for any reason with billing, even including but not limited to negligence on the part of Program Works, you are still liable for all charges incurred, and agree to allow Program Works to bill you at a later date. If for any reason, Program Works is unable to bill you using your credit card, whether due to a problem with you or your credit card company, or a problem with Program Works or our credit card processor, or any third party involved in the billing process, regardless of fault, you are still liable for any and all charges incurred and must pay by any means available the amount due to Program Works. You are fully responsible for ensuring that payment is received, regardless of the billing method. These charges are considered due on the first day of each Billing Period, regardless of any billing problems that may occur.
Regardless of billing method, full payment must be received within the first 30 days of the start of your Billing Period. If full payment is not received within the first 30 days of the start of your Billing Period, you accept that the Service can be terminated without notification.
Program Works offers basic support at no charge. Specialized services such as a restore of the schedule or other data and training (after the free demo) are not considered support and may be billable.
At the end of each term your service will be renewed as described in CONTRACT TERMS AND RENEWALS, unless you cancel by emailing email@example.com with your company ID stating that you would like to cancel the Service. We do not give refunds for any portion of an unused subscription. By canceling before your subscription is over, you are authorizing us to close your account, therefore blocking all access to it, and you are accepting that you will not receive a refund for the remainder of the subscription term not used.
NON-USE OF SERVICE
By not actually using the Service, you are not releasing yourself from your liability to Program Works for the Service. The fact that you have signed up for the Service regardless of whether or not you choose to actually use it, is enough to constitute your liability to Program Works for the Service.
COLLECTION COSTS IN CASE OF NON-PAYMENT
In the event that you do not pay for charges incurred by using the Service within 90 days of the due date, you will be responsible for all costs incurred by Program Works to collect the money from you, including but not limited to attorney’s fees, court costs, other legal costs, and postage.
ACCURACY OF INFORMATION PROVIDED TO PROGRAM WORKS
You agree to provide true, accurate, current and complete information about your business and maintain and promptly update the company information to keep it true, accurate, current and complete. This applies to both the information concerning your company information in the “Company Settings” section of the web site, and in the “Employees” section. If you provide any information that is untrue, inaccurate, not current or incomplete, or Program Works has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Program Works has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Since Program Works charges by the Maximum Number of Employees allowed to use the Service to get their schedules, each employee account must represent exactly one person. You may not use one employee account to represent more than one employee or more than one employee’s schedule. If you misrepresent the number of employees that are using the system in any way, or if Program Works has reasonable grounds to suspect that you have misrepresented the number of employees that are using the system in any way, then (a) Program Works has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) and (b) if it is determined the Actual Number of Employees actually using the system is greater than your company’s Maximum Number of Employees, then your Maximum Number of Employees will be corrected to be your Actual Number of Employees, and you will be fully liable for the additional cost, computed with the new Maximum Number of Employees, for the full time that those Employees have been using the system, retroactively, according to the current prices.
As a condition of your use of the Service, you warrant to Program Works that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Service and notices. Any resale of the Service is expressly prohibited. Any type of abuse, including but not limited to attempts to spy or get the passwords or private information of others, spamming, harassment, hacking, reverse engineering of any kind, excessive use with the intention of overworking or overloading the system in any way, or any other behavior which is considered an abuse by modern internet standards will be cause for and serve as reasonable grounds for immediate termination.
The Service allows you to upload your logo to the Work Schedule Dot Net servers from the General Options section of the Manager Area. By uploading a graphics file, or by continuing to use the Service after having previously uploaded a graphics file, you agree that you are the owner of any such artwork if copyrighted or that you are properly authorized to distribute any such copyrighted material on behalf of the owner. Furthermore you authorize Program Works to display the artwork on our web site at www.workschedule.net in the context of showing that you are a Work Schedule Dot Net customer. You agree to hold Program Works harmless from any and all violations of copyright infringement and to indemnify Program Works from any such misrepresentation on your part. Nothing here constitutes a transfer of copyright ownership. You maintain any such copyright ownership that you have with regard to uploaded artwork. You may at any time revoke this authorization via email to firstname.lastname@example.org by simply requesting that we remove the artwork from our site. Program Works agrees to remove the artwork from our site within 5 business days of receiving such a written request from you.
DISCLAIMERS/LIMITATION OF LIABILITY
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Program Works may make improvements and/or changes in the Service at any time. Program Works does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. Program Works does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Program Works shall not be responsible for unauthorized access to or alteration of your data.
PROGRAM WORKS MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY, SUITABILITY, TIMELINESS, AVAILABILITY, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PROGRAM WORKS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PROGRAM WORKS BE LIABLE FOR ANY INDIRECT, DIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PROGRAM WORKS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY PART OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL (SEE “TERMINATION / CANCELLATION”) AND DISCONTINUE USING THE SERVICE.
The invalidity or unenforceability of any provision of these Terms Of Service shall not affect the validity or enforceability of any other provisions of this agreement, which shall remain in full force and effect. If any of the covenants or provisions of these Terms Of Service are determined to be unenforceable by reason of their extent, duration, scope, or otherwise, then the parties contemplate that the court making such determination shall reduce such extent, duration, scope or other provision and enforce such term(s) in their reduced form for all purposes contemplated by these Terms Of Service.
These Terms Of Service contain the entire agreement between Program Works and your company with respect to usage of the Service, and supersedes, merges, and replaces all prior oral agreements, negotiations, offers, representations, and warranties with respect to the usage of the Service, except for written contracts signed by both an authorized representative of Program Works and an authorized representative of your company. No other course of dealing between the parties, no usage of trade, and no parol or outside evidence of any nature shall be used to modify, interpret or supplement any provision of these Terms Of Service.
You agree to indemnify and hold Program Works, its affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of the Service.
CHANGES IN AGREEMENT
The terms of this agreement may change at any time without any advance notice. A current version of the Terms of Service will remain at http://workschedule.net. By continuing to use the service, you automatically agree to any and all of these changes.
TERMINATION / CANCELLATION
EITHER PARTY CAN CANCEL THIS AGREEMENT AT ANY TIME FOR ANY REASON WITH WRITTEN NOTICE. IF AT ANY TIME YOU ARE DISSATISFIED WITH THE SERVICE FOR ANY REASON, YOU CAN CANCEL BY EMAILING CUSTOMERSERVICE@WORKSCHEDULE.NET WITH YOUR COMPANY ID, SIMPLY STATING THAT YOU WOULD LIKE TO CANCEL THE SERVICE AS DESCRIBED IN THE CANCELLATION SECTION OF THESE TERMS OF SERVICE.
© 2019 Program Works. All rights reserved. Business TOS Revision 2.09 7/17/2019