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1 Account creation
1.1 You certify that you are of legal age according to the laws of your country of residence.
1.2 The creation of a “user” account is free and requires the use of a valid email address. The validation of the creation confirmation sent to the email address used is mandatory.
1.3 When creating a “Company” account, you certify that you are duly authorized to commit your company contractually and financially. The billing for the use of Contracktime services is exclusively the responsibility of the company. The creation of a company account requires the use of a valid email address. The validation of the creation confirmation sent to the email address used is mandatory.
2.1 When you create a user account you agree that
2.1.1 The following information will be visible to all Contracktime® business customers: your username/pseudonym chosen when creating your user account and the partial display via the @entreprise.com extension of your email address only.
2.1.2 When you accept a company’s invitation to join its Contracktime environment, you agree that the company has access to your first name, last name, username, email address, phone number and profil picture if you have registered it.
2.2 When you create a company account, the data is not accessible to other users or to other Contracktime® customers.
2.3 When you are a user, you agree that the data you produce and save on a company’s account belongs to the company even after the termination of your business, contractual, or other relationship for any reason.
2.4 Forest CM recognizes the strictly confidential nature of all data communicated to it and undertakes to process the data received in compliance with Regulation (EU) 2016/679 of 27 April 2016 as transposed into Belgian law by the Act of 30 July 2018 on the protection of individuals regarding the processing of personal data.
2.5 In this respect, it is specified that the parties process each other’s identity data and contact details, and those relating to their possible (sub)processor(s), staff, collaborators, agents, and any other useful contact person. The purpose of this processing is the execution of this agreement in which a database of user and company data exists. The processing of this data is necessary for the execution of the Contracktime® solution.
2.6 Under the GDPR regulation, it is understood that the client company (“company account”) is solely responsible for the data processing, Forest CM is only a subcontractor.
2.7 Forest CM commits itself to treat honestly the personal data only in the mentioned purposes, as well as with the biggest possible discretion and this in accordance with the provisions of the general regulation of the data protection.
2.8 Forest CM will impose the same obligation of confidentiality and respect of the regulation relative to the protection of the personal data to any possible subcontractor with which it would collaborate.
2.9 In case of services of cloud computing, Forest CM makes a commitment to have recourse only to servers located in the European Economic Area.
2.10 You agree to take all precautions for use, including making all parallel backups during use for data such as, but not limited to: emails, meeting minutes, schedule files, pricing items, etc.
2.11 Special case of emails :
2.11.1 You may connect your Contracktime account directly to your Microsoft Outlook account. It is required to use the same email address. This connection allows you to view your emails directly in the application. Contracktime only displays the emails and does not automatically backup and copy all your emails. Saving and copying an email in Contracktime can only be done manually by the user; however, you agree that Contracktime automatically saves the entire conversation (parent and/or child emails) of a manually saved/copied email. This mechanism allows to automatically assign the associations of an email to the whole conversation and thus simplify the input for the user who does not need to enter the data for each email individually.
2.11.2 In case you have chosen to also install locally the Contracktime add-in for Outlook this add-in only allows manual saving/copying of an email by the user; you nevertheless agree that Contracktime automatically saves the whole conversation (parent and/or child emails) of a manually saved/copied email. This mechanism allows to automatically assign the associations of an email to the whole conversation and thus simplify the input for the user who does not need to enter the data for each email individually.
3.1 When you delete your user account, the deletion is
3.1.1 Effective immediately and you no longer have access to the data of the companies with which you were associated.
3.1.2 Your username and partial email address do not appear in the list of Contracktime® users available to company customers.
3.1.3 Your personal data (username, last name, first name, phone number and email address) are:
3.1.3.1 Permanently deleted from the Contracktime® database if your user account is not or has not been associated with any customer company still active in Contracktime®
3.1.3.2 If you have or are associated with at least one active Contracktime® customer company, then your data will be kept in the environment of that customer company until the expiration of its contractual relationship with Contracktime®.
3.2 When you delete your company account, the deletion
3.2.1 Is effective at the end of the last billing term, you will no longer have access to your project data; it is your responsibility to back up any data you wish to retain. If you simply wish to suspend Contracktime® services from the billing panel of your company account, automatic billing will cease at the end of the current billing term and you will retain free read-only access to your data.
3.2.2 Will not be final until 60 days after the last payment made. You have 60 days to ask us to reactivate your account. After this period, your account and project data will be completely deleted from Contracktime® servers. Upon request, a certificate of confirmation of deletion can be issued.
4.1 Add one or more users
4.1.1 The company chooses its users from the entire Contracktime user community (with a user account).
4.1.2 The user receives on his email address a validation request to be added to the company’s environment.
4.1.3 The company, via its company account, is sole responsible for granting or withdrawing access rights to users in its environment.
4.1.4 A user cannot be connected to a company’s environment on his own.
4.1.5 A user can be associated with several companies. In this case, only the user has access to the data of the companies; the companies concerned do not have access to each other’s data. Example: you associate an external consultant with your company.
4.1.6 In any case, the fact of associating a user with a company does not constitute an employment or collaboration contract. Each client company is sole responsible for ensuring that it has made all the necessary legal arrangements between the company and the user to be able to process information with/from the user.
4.2 Deleting one or more Users
4.2.1 The company can delete a user from its account. The user will no longer have access to the company’s projects and data.
4.2.2 The company will retain full access to the data saved by the user during the collaboration.
4.3 Team management
4.3.1 Creating a team
4.3.1.1 The “team management” tab of your company profile allows you to create a team of users for each project created.
4.3.1.2 A user must be a member of the project team to be able to access the project data.
4.3.2 Selecting team members
4.3.2.1 You can only designate a user as a team member who has previously been associated with your company.
4.3.2.2 For each project, you select the members from among your users. A user can be a member of several projects at the same time.
4.3.3 Delete a member
4.3.3.1 You may delete a member from a project team at any time. The user will no longer have access to the project data but will still be associated with your company. If you want to delete the user from your company afterwards, you can do so in the “user management” tab in your company profile.
5 Intellectual property and ownership of hosted data
5.1 Every User acknowledges that both the commercial website and the Contracktime® web application and downloadable extensions/add-ins, are the exclusive property of Forest CM SPRL. Thus, any software or development, source code, graphics, text, image, logo, or other content present on the website, the web application, the extensions/add-ins or other, necessary to its functioning or its presentation, are the object of copyright, trademarks or other intellectual property rights belonging exclusively to Forest CM SPRL. More precisely, the contents, their names, their visual presentation, the technical questions, and the solutions which they contain belong to an exclusive property right of Forest CM SPRL. There is no transfer of property right on the contents of the web site, the web application, the extensions/Add-ins or other except the right of use as defined below. Forest CM SPRL grants to the Users a non-exclusive right of use and without right of sub-license on the contents of the website, the web application, the extensions/Add-ins or other, for the duration and under the conditions of their use.
5.2 The customer keeps the whole property of the data that he hosts and generates on the application. Forest CM reserves the right to duplicate them for purposes of hosting and backup.
5.3 All copyrights, trademarks and other intellectual property rights (whether or not they are registered) as well as any other property right or other right relating to the Solution, the interfaces and specific developments arising therefrom for the purposes of integration into the Customer’s information system, the user guides and the related documentation (hereinafter referred to together as the “Rights”) are and shall remain in all circumstances the exclusive property of Forest CM or its licensors.
5.4 The Customer will be exclusively responsible for the direct and indirect consequences of the intervention of a third party or a User on the Solution and will compensate Forest CM of all consequences (damages, expenses, including lawyer’s fees, etc.) and of any condemnation resulting from it, including with regard to third parties, pronounced by an enforceable decision of justice, without prejudice to the other remedies and compensations of which Forest CM would benefit in accordance with the Contract.
5.5 Data published by the customer: the customer reserves to Forest CM the right to publish, duplicate, copy, exploit and preserve the data publicly exposed by the customer through the functionalities of the Solution
5.6 You accept that Forest CM has the right to create a portfolio with your names and logos directly and indirectly related to the Services and that this portfolio can be used at ends of development of customers. This portfolio can be distributed by Forest CM on Web platforms or by any other reasonable means of communication, and this, for promotional purposes only.
6.1 Subject to the terms and conditions of this Agreement, Forest CM SPRL grants you a personal, non-exclusive, non-transferable, and revocable license to use the contracktime® Product on your professional computer hardware (computer, smartphone, tablets).
6.2 By agreeing to the present terms and conditions when you create an account, either user or company, you commit to not doing any reverse engineering, copying, disassembling, or
decompiling all or part of the application/software or other tangible object provided to you whether for your personal or professional use, for commercial or other purposes.
6.3 You further agree not to rent, sell, sublicense, assign or transfer in any manner the Contracktime® application to any third party, including any of your affiliates and/or partners.
6.4 Any use of the Contracktime® application that does not comply with these terms and conditions constitutes an infringement of Forest CM SPRL’s right of use of the Contracktime® application and constitutes an infringement of the provisions of the Intellectual Property Code.
7.1 Pricing is based on the number of users and the number of projects with ACTIVE status. You will be billed monthly. When you change the status of a project to INACTIVE, you will retain read-only access to the project data for a period of 12 (twelve) months; no additions, modifications, deletions or other actions will be possible. An extension of this period for an additional cost to be defined may be authorized upon written request by email.
7.2 Unless expressly stated otherwise, the prices of the various services mentioned on the www.contracktime.com website are exclusive of VAT.
7.3 You can modify, suspend or cancel your subscription from the billing panel of your company account. Modifications are effective immediately. Suspension or cancellation is effective at the end of the last payment period.
7.4 Forest CM reserves the right to revise the prices and to inform the Customer at the latest 30 days before the application of the new tariffs.
7.5 The amounts due are invoiced by the Provider and are payable by direct debit or within fifteen days as from the issue of the invoice. If payment is not made on time, the Service Provider may, without prior notice, demand payment of interest on arrears at the rate of 12% per annum and payment of a flat-rate penalty equivalent to 10% of the amount unpaid on the due date, without prejudice to the possibility of suspending or restricting access to the Service or terminating the Agreement as provided for in Articles 11 and 12 of these general terms and conditions.
8.1 The billing system is outsourced to the company Stripe (https://stripe.com/fr-be/legal/dpa).
8.2 The banking data are recorded and saved only via the Stripe platform. Under no circumstances Forest CM gets access nor stores your banking data in its systems.
9 Availability of Access to the Service
9.1 Forest CM commits to implement the necessary means to ensure the continuity and the quality of access to the solution.
9.2 However, Forest CM reserves the right to restrict totally or partially the access to the SaaS Solution to ensure its maintenance.
9.3 Forest CM will inform the Customer of such operations by email to the address referenced at the level of the company and/or user account.
10 Obligations and responsibilities of the Customer and the user
10.1 The user is understood here to be any person who acts via a user account or a company account.
10.2 The Customer determines who has access to the Service via the user management feature of his company account. It is the sole responsibility of the Customer to determine who has access to the company account and ultimately to commit the Customer financially.
10.3 The Customer is solely responsible for the use of the IT solution made available through the Service.
10.4 The Customer and the user are obliged to use the Service in compliance with the law.
10.5 The Customer and the user must, in particular, refrain from using the Service: – to store any illegal content (pornographic, racist or extremist content, etc.) or to store information in violation of the law to use the Service to store any illegal content (pornographic, racist or extremist content, etc.) or to store information that violates the intellectual property rights of third parties (music, photos, films, literary works, software, video games, etc.); – to use the technique of spamming on the Internet or to engage in any “intrusion” or attempted intrusion activity using the Service (such as port scanning, sniffing, spoofing, etc.).
10.6 The Customer and the User shall refrain from any attempt to retrieve the license keys used by the Service Provider in the performance of the Agreement.
10.7 The Customer and the User shall not assign, lend, or disclose the Login Codes, as well as those of the Users, if any, voluntarily or involuntarily due to their negligence or lack of due care.
10.8 The Customer and the user are obliged to provide the Provider with correct, complete, and up-to-date information.
10.9 The Client shall ensure that the users use the Service and the Login Codes in accordance with these Terms.
10.10 The Customer and the user shall indemnify the Provider against any action by a third party arising from use of the Service contrary to these terms and conditions or the law.
11.1 Termination on the Customer’s initiative
11.1.1 The customer may terminate his contract by simply deleting his user account and/or his company account (see above article 3)
11.1.2 Forest CM has right to the payment of the services accomplished until the day of the effective cancellation, which will intervene at the end of the last term of payment.
11.2 Termination on initiative of Forest CM
11.2.1 In case of serious breach by the customer (user and/or company) to any of the obligations resulting from the contract, Forest CM will be able to put it in default, by email, to repair this breach within a maximum delay of one (1) month, to the express visa of this clause.
11.2.2 Forest CM also reserves the right to suspend without notice the access to the Solution in case of legitimate suspicion of fraudulent use or attempt of fraudulent use of the Solution.
11.2.3 If such breach(s) is (are) not remedied within one (1) month, the Agreement shall be deemed to be automatically terminated without notice or judicial formality.
11.2.4 The termination of the present contract in case of contractual non-fulfillment of one of its obligations by the Customer, entails automatically and by right the forfeiture of the term for all the sums owed by the Customer to Forest CM including the sums owed under the contractual commitments, which become immediately payable.
12 Modifications of the general conditions
12.1 Forest CM can modify the present general conditions. It communicates the new general conditions to the Customer 8 days at least before their entry into force.
13.1 The Customer makes a commitment to maintain a functional electronic address of contact. Forest CM will carry out all the communications by the exclusive intermediary of this electronic address.
14.1 Any request for support or assistance can be made via the contact form on the website www.contracktime.com or via the address support@contracktime.com
14.2 Support is available from 9:00 am to 6:00 pm (UTC/GMT +01:00) from Monday to Friday except for public holidays (01/01, 14/01, 20/03, 01/05 and 25/07 plus 6 other non-fixed days each year).
15.1 The use of the solution and the present terms of use are governed by Belgian law. In case of dispute, only the courts of the registered office of Forest CM are competent.