Terms and Conditions
1. Our Terms
1.1 Welcome to JobsTrac, a mobile workforce management application that is designed for use by businesses and organizations on iPhones, iPads and/or Android. By using the Application and/or the jobs-trac.com website, you or the organization on whose behalf you use the Application or Website for, agree to be bound by these terms and conditions (“Terms”).
1.2 You acknowledge that these Terms will have important legal consequences for You, and that it is Your responsibility to consult with Your own advisors with respect to Your rights and obligations under these Terms.
1.3 JobsTrac and any of its related companies or subsidiaries (wherever incorporated) (“JobsTrac”, “we” or “us”) reserve the right to update and change these Terms from time to time with or without notice to You, and to add new features or functionality to, or remove existing features or functionality from, the Application that will be subject to the Terms. If You continue to use the Application after any changes, You will be taken to have agreed to the changes. You can find the current version of the Terms at any time on the Website.
1.4 Any reference in these Terms to the “Parties” shall mean You and JobsTrac and any reference to a “Party” shall mean either You or us (as the case may be).
2. The Application
2.1 You are aware of and agree that the Application is provided on an “as is” and “as available” basis. JobsTrac disclaims any and all responsibility and liability for the availability, timeliness, security or reliability of the Application.
2.2 We reserve the right to modify, suspend or discontinue the Application (or any part of it) with or without notice at any time. We will not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Application.
2.3 We do not warrant or represent that: (a) the Application will meet Your specific requirements; (b) the Application will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the Application will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by You through the Application will meet Your expectations; or (e) any errors in the Application will be corrected. To avoid doubt, all express or implied conditions, warranties or representations are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness or suitability for purpose, title and non-infringement.
3. Your use of the Application
3.1 You agree that You are responsible for any and all activity that results from Your use of the Application.
3.2 You warrant and represent that You are acquiring the right to access and use the Application and are agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Application, the Website and/or these Terms.
3.3 You agree that You will use the Application in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from Your country of residence.
3.4 You agree not to, and will not permit or encourage any third party to: (a) use the Application for any illegal or malicious means or to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses or that is otherwise objectionable (as determined by JobsTrac in its sole discretion); (b) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (c) prevent others from using the Application; (d) copy, reproduce, modify, adapt, reverse-engineer or decompile the Application in whole or in part; or (e) use the Application for any form of emergency service or law enforcement.
3.5 JobsTrac reserves the right, but shall have no compulsion, to investigate Your use of the Application in order to determine whether a violation of these Terms has occurred or to comply with any applicable law, regulation, legal process or governmental request.
4. Your account with JobsTrac
4.1 You agree to provide true, accurate and current information in respect of Your account with JobsTrac (“Account”), and to promptly notify JobsTrac of any changes to such information.
4.2 You are responsible for maintaining the security of Your Account and the password for Your Account. We will not be liable for any loss or damage if You fail to comply with this obligation.
5. Application Availability and Support
5.1 JobsTrac aims to have the Application available for use 99.9% of the time, and will act as soon as reasonably practicable in order to restore Your access to the Application in the event of any partial or total breakdown of, or inability to use, the Application.
5.2 While JobsTrac takes all reasonable steps to prevent any disruption to the Application during any update, upgrade or maintenance of the Application, there may be times when the Application is inaccessible. Updates, upgrades and maintenance of the Application are usually scheduled by JobsTrac during non-peak usage times.
5.3 JobsTrac is committed to providing excellent customer service, and we aim to respond to most technical support issues within a few hours.
5.4 In the event that urgent support is required, we will take all reasonable steps to assist You. Email support is generally available 24/7, phone support is available 10am-8pm, Mon-Fri based on Indian Time, GMT+5:30.
5.5 Notwithstanding anything in this clause 5, we will not be liable to You or to any third party for any inability to use, or failure to provide support for, the Application and/or the Website.
6. Fees and Payment
6.1 The fees charged for use of the Application are as set out on the Website (“Pricing”). Fees are charged in advance on a monthly basis and are non-refundable. JobsTrac will not be held liable in any way for any lack of refunds in connection with the Application.
6.2 If You are carrying out a free trial of the Services (as offered on the Website), the free trial will begin on the day that Your Account is opened and end 30 days later. At the end of the free trial period, You will need to provide a valid credit card number in order to further use the Application. You may terminate Your Account by sending an email to us at email@example.com within those 30 days with the subject line “Cancel”.
6.3 We will charge Your credit card for any upgrade that You subscribe for in respect of the Application at the start of the next monthly billing cycle for Your Account.
6.4 The Fees are subject at all times to change by JobsTrac giving 30 days’ notice, which will be posted on the Website. We will not liable to You or any third party for any modification to the Fees.
6.5 All Fees are exclusive of all taxes (other than India good and services tax), and You agree to indemnify and hold us harmless against any and all claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.
7. Our Intellectual Property Rights and Your Data
7.1 You agree that title to, and all intellectual property, proprietary and industrial rights (whether registered or unregistered, registrable or unregistrable) (“Intellectual Property Rights”) in connection with, the Application and/or the Website, including any improvements, enhancements, modifications or adaptations to the same, shall be and at all times remain the property of JobsTrac.
7.2 At no time will we have any ownership interest in or to any of the data inputted by You or Your mobile device into the Application. All title to, responsibility for and control over the Data will remain with You. It is Your responsibility to maintain copies of all Data inputted into the Application. We adhere to our own best practice policies and procedures to prevent Data loss but do not make any guarantee that there will be no loss of Data.
7.3 If You enable third party applications for use with the Application, You agree that JobsTrac may allow providers of those third party applications to access Your Data as required for the inter-operation of such third party applications with the Application.
7.4 We will not be liable to You or to any third party for any modification or deletion of Your Data, no matter how caused.
8. Confidentiality and Privacy
8.1 Subject to this clause 8, the Parties each agree to keep confidential, and not disclose to any third party, any information that is exchanged between the Parties (whether in writing, verbally or electronically) (“Confidential Information”), unless the disclosure: (a) has been authorized in writing by the other Party; (b) is required in order for a Party to comply with or exercise its rights and obligations under these Terms; (c) is made to the relevant Party’s personnel, representatives or professional advisors so long as they agree to be bound by the same standards of confidentiality as contained in these Terms; or (d) is required by law or any legislative or regulatory authority.
8.2 Each Party’s obligations under this clause 8 will survive termination of these Terms.
8.3 The obligations in clause 8.1 shall not apply to any information which: (a) is or becomes public knowledge other than by any breach of these Terms; (b) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; (c) is in the possession of the receiving Party without restriction in relation to disclosure before the date of receipt from the disclosing Party; or (d) is independently developed without access to the Confidential Information.
9. Limitation of Liability
9.1 You agree that, to the maximum extent permitted by law, we will not be liable for any direct, indirect, incidental, special, or consequential loss (including but not limited to loss of Data, profits and anticipated savings) or damage resulting from the use of, or reliance on, the Application and/or the Website.
9.2 If You suffer loss or damage as a result of JobsTrac’s negligence or failure to comply with these Terms, any claim by You against JobsTrac arising from JobsTrac’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the credit balance of Your Account. If You are not satisfied with the Application and/or the Website, You may terminate Your Account in accordance with clause 11.
10.1 You agree to indemnify, and will keep indemnified, JobsTrac against all forms of liability, actions, proceedings, demands, costs, charges and expenses which JobsTrac may incur or be subject to or suffer as a result of Your use of the Application and/or the Website.
11.1 If You breach any provision in these Terms, JobsTrac may at its discretion terminate or suspend for any period of time Your Account and Your use of the Application and the Website.
11.2 You may terminate your Account at any time by sending an email to us at firstname.lastname@example.org with the subject line “Cancel”.
11.3 Your Account may be suspended if there has been no activity for a period of 90 days. It can be re-activated by contacting us at email@example.com. If You do not access the Application for a continuous twelve (12) month period, Your Account will be terminated.
11.4 JobsTrac is not liable for any loss or damage following, or as a result of, the termination or suspension of Your Account, and it is Your responsibility to ensure that any content or Data which You require is backed-up or replicated before termination.
11.5 Where Your Account is terminated under these Terms, the value of any unused subscription or other credit in relation to Your Account is non-refundable.
11.6 Clauses 7 to 10 and 12 shall survive the expiry or termination of these Terms.
12. General Provisions
12.1 These Terms represent the entire agreement between the Parties in relation to the use of the Website and the Application and supersede any prior agreement, understanding or arrangement between the Parties in relation to such matters, whether oral or in writing.
12.2 You may not assign or transfer, or agree to assign or transfer, any of Your rights and obligations in relation to the Application, Website and/or these Terms to any other person without JobsTrac’s prior written consent.
12.3 You may not publish or use JobsTrac’s brand, branding or logos except with our prior written consent.
12.4 If any part or provision of these Terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of the Terms will be binding on the Parties.
12.5 If JobsTrac waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
12.6 A person who is not a party to these Terms has no right to benefit under or to enforce any of the provisions of these Terms.
13. Governing Law and Jurisdiction
13.1 These Terms will be governed by and construed in accordance with the laws of India and the Parties submit to the exclusive jurisdiction of the courts of India for any matter arising under or relating to these Terms.
14. Fair usage policy Pricing Definitions
14.1 Definitions The definitions for the two user types contained in the JobsTrac pricing plan are as follows:
14.1.2 Office Worker (Free User): A user that is based in the office and accesses JobsTrac via the web console only. Under this pricing policy the Office Worker should not be assigned to jobs. The Office Worker does not require access to JobsTrac via a mobile device and does not receive SMS messages. The Office Worker can send free SMS messages to a Field Worker from the JobsTrac web console. If the Office Worker needs to be assigned to jobs, or receive SMS messages their access must be changed to Field Worker and the Paying User rate per month applies.
14.1.2 Field Worker (Paying User): A user that undertakes jobs. This includes staff or contractors. A Field Worker (paying user) is a user that can be assigned to jobs. A Field Worker can access the JobsTrac App from a mobile device (or several). The Field Worker can also receive free SMS messages from the Office Worker(s) and can send free SMS messages to customers via JobsTrac App on their mobile device.
14.2 Additional Considerations
14.2.1 CUSTOMER PORTAL – Customers are not assigned to jobs. Customers can have their own login to JobsTrac. Their login is created based on their Client account and they will only be able to view their own jobs. If the above criteria are met, Customer logins are considered free users.
14.2.2 Fair Use Policy JobsTrac’s Fair Use Policy applies in all instances to the above criteria for each user type. JobsTrac reserves its right to monitor and enforce the terms of the Fair Use Policy at any time.