Terms of Service for employee scheduling software service offered
through Web Edition of Schedule Pro
These Terms of Service govern the employee
scheduling software service offered through web edition of Schedule Pro. PLEASE
READ THEM CAREFULLY.
"Terms of Service" is an agreement between EDP Software, the owner and operator
of the employee scheduling software service through web edition of Schedule Pro,
and your company. The rules herein apply to all usage of the employee scheduling
software service through web edition of Schedule Pro hosted on the domain
“ScheduleProWeb.com” or any other domain. By using the Service or any portion
of the Service, you are automatically agreeing to these Terms of Service, which
can be changed by EDP Software at any time. If the Terms of Service change at
any time to your disliking, you may cancel your service by emailing
email@example.com, 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.
Service - EDP Software provides businesses with employee scheduling software
service through web edition of Schedule Pro that allows users to create, and
maintain their employee shift schedule online, and provides employees and all
other users with access to that information both through the web, through email
as well as provides a way to communicate with other users / employees.
Contract Terms - EDP Software currently offers one standard contract terms for
12 month. You must pay in advance for the full amount of the entire term. The
contract will automatically renew at the end of current contract, and you will
be invoiced via email up to 90 days before the termination date for another
subscription for 12 months. However you can cancel the service by writing to us
EDP Software reserves the right to change fees for subscriptions without
notice. However the change in fees will not affect the fees for the current
Contract Terms and would apply on the next billing cycle.
NSF Cheque - The fee for a bounced cheque is US$50, plus any charges or fees
incurred to us by our bank or in any way connected with your bad cheque. EDP
Software reserves the right to immediately terminate an account with no refund
in the event of receiving a bad cheque.
Free 30 day trial - EDP Software 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. 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. EDP Software 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 EDP Software’s employee scheduling
software service, you are not eligible for another free trial.
You as a manager/user will receive a company ID, a user ID, and a password to
manage the schedule and other users, with special administrative rights. As
administrator, you can assign someone else to act as user/manager etc. You can
also grant permission to Employees to use the information / functionality that
an employee can normally use. YOU ARE FULLY RESPONSIBLE FOR ANY AND ALL ACTIONS
OF ANY MANAGERS, USERS 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 MANAGERS, USERS AND EMPLOYEES KEEP THEIR PASSWORDS ABSOLUTELY
CONFIDENTIAL. Your Employees must keep their passwords confidential. We
recommend that all users, managers, employees and administrator change their
password periodically. You agree to notify EDP Software immediately of any
unauthorized use of any password. EDP Software 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.
It is not allowed to copy or use any source code (HTML and scripts) or part of
the source code generated by the Service.
Technical Support by Email - EDP Software provides limited technical support via
email. EDP Software will attempt to respond to any request for support by email
within three business days, not including holidays, but makes no guarantee of
any response time.
Technical Support via Telephone - EDP Software offers telephone support billable
at US$150 per hour or part thereof and paid in advance. However EDP Software
may, at its sole discretion, offer a limited amount of free phone support, in
order to answer a quick question or handle a quick problem. This is no way
obligates EDP Software to continue to offer such free support. You will be
notified beforehand when billable time is starting.
Training and Consulting - EDP Software provides consulting services and training
services on an hourly basis in addition to the online service. If you would like
for a scheduling specialist to assist you in developing a custom solution for
your scheduling situation, the cost is US$150 per hour or part thereof and must
be paid in advance.
On-site Training - EDP Software provides on-site consulting services and on-site
training services on per diem basis plus expenses. The fee and expenses for this
service must be paid advance.
EDP would fix any problems with our software at no cost to the customer.
Cancellation of Service – You can cancel the Service anytime by emailing
firstname.lastname@example.org with your company ID, Company name, Contact name stating
your request. 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
By not actually using the Service, you are not releasing yourself from your
liability to EDP Software 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 EDP Software for the Service.
In the event that you do not pay for charges incurred by using the Service
within 30 days of the due date, you will be responsible for all costs incurred
by EDP Software to collect the money from you, including but not limited to
attorney fees, court costs, other legal costs, and postage.
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. If you provide any information that is
untrue, inaccurate, not current or incomplete, or EDP Software has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, EDP Software has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
As a condition of your use of the Service, you warrant to EDP Software 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 subscriber of the service will take full responsibility for its contents.
EDP Software reserves the right to remove data without notice in the following
We consider a usage to be fraudulent or illegal;
The trial period for the trial subscription has expired;
The email address as registered for the service does not exist or does not
belong to the subscriber.
Disclaimer and Limitations 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. EDP Software
may make improvements and/or changes in the Service at any time. EDP Software
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. EDP
Software 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
EDP Software shall not be responsible for unauthorized access to or alteration
of your data.
EDP SOFTWARE 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. EDP SOFTWARE 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 EDP SOFTWARE
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 EDP
SOFTWARE 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 EDP Software and
your company with respect to usage of the Service, and supersedes, merges, and
replaces all prior written or oral agreements, negotiations, offers,
representations, and warranties with respect to the usage of the Service. No
course of dealing between the parties, no usage of trade, and no parole 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 EDP Software, its affiliates, officers and
employees, harmless from any claim, demand, or damage, including reasonable
attorney 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://www.scheduleproweb.com. By continuing to use the service, you
automatically agree to any and all of these changes.
Termination and 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 SPRO@EDPSOFTWARE.COM
WITH YOUR COMPANY ID, COMPANY NAME, CONTACT NAME SIMPLY STATING THAT YOU WOULD
LIKE TO CANCEL THE SERVICE.
MISCELLANEOUS PROVISIONS - These Terms of
Service will be governed by and construed in accordance with the substantive
laws of the Province of New Brunswick, Canada. This is the entire agreement
between EDP Software and the subscriber of the Service, and supersedes any prior
communications or representations concerning this service.