The TimeTec Private Cloud is owned, operated, and provided to you by TimeTec Computing Sdn Bhd ("the Company") through the website http://www.timeteccloud.com/privatecloud ("Site").

By enrolling to use the TimeTec Private Cloud, you further agree to be bound to all payment terms, policies, practices, rules, standards and guidelines related to the Site and/or TimeTec Private Cloud, in effect at any time and from time to time made available on the Site.

The reference "You" or "Your" refers to the person or entity subscribing to TimeTec Private Cloud hereunder. You agree that you shall cause any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of TimeTec Private Cloud, to be bound by, and to abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party.

By accepting the terms and conditions, you (a) represent and warrant that you are 18 years old or older and are authorized to represent your organization; (b) agree to provide true, accurate, current and complete information; (c) agree to maintain and update this information to keep it true, accurate, current, and complete; and (d) agree to notify the Company of any unauthorized use of your account, password or other breach of security. If any information provided by you is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend, terminate your account and to refuse any or all, current or future use of TimeTec Private Cloud with or without notice. You are entirely liable for all activities conducted through your account.

You shall not:

• Add, delete, modify, copy, translate, distribute, transmit, display, perform, reproduce, publish, create derivative works based on TimeTec Private Cloud, or permit other individuals to do so;
• rent, lease, transfer or otherwise sell any information, software, products or services obtained from TimeTec Private Cloud;
• provide third parties with access to your account, except for third parties specifically authorized by the Company. However, you shall remain liable for any such use of your account by another person;
• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or source listing for TimeTec Private Cloud;
• use TimeTec Private Cloud in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
• engage in conduct which is unlawful or which inhibits another user from enjoying TimeTec Private Cloud or which the Company in its sole discretion determines to be unacceptable;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
• upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
• use any material or information, including images or photographs, which are made available through TimeTec Private Cloud in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
• advertise or offer to sell or buy any goods or services for any business purpose, unless the Company specifically allows such messages;
• download any file posted by another user of TimeTec Private Cloud that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
• falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• restrict or inhibit any other user from using TimeTec Private Cloud;
• violate any code of conduct or other guidelines which may be applicable for TimeTec Private Cloud;
• harvest or otherwise collect information about others, including e-mail addresses;
• violate any applicable laws or regulations;
• create a false identity for the purpose of misleading others; and/or
• use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of TimeTec Private Cloud or other user or usage information or any portion thereof.

A. Fees

• Should you wish to use TimeTec Private Cloud, you will be charged as per the pricing posted at http://www.timeteccloud.com/privatecloud
• You may download TimeTec Mobile for free by clicking the link here: http://www.timeteccloud.com/solution_mobile. TimeTec makes no claims, representations or warranties that the application will operate properly, securely, effectively or efficiently. The Company disclaims all liabilities concerning the download of application from the websites, including, but not limited to damage to the user's hardware, software, network or systems, loss of data, application failure, backup errors or problems related to connectivity, security, compatibility, functionality or efficiency.
• To obtain or purchase hardware terminals for use with the TimeTec Private Cloud, you need to consult the Company’s authorized local resellers for pricing and installation. List of the authorized resellers can be found at https://www.timeteccloud.com/find_partner

B. The Company reserves the right to change its fees at anytime, at its sole and absolute discretion, by posting notice of the same on the Site or by updating these Terms and Conditions. The Company shall give you notice in writing or email of not less than 14 days of any alteration or revision in the price, and the price as so altered shall apply to TimeTec Private Cloud supplied on or after the applicable date of increase, including outstanding orders. The Price Revision shall not affect the subscription paid before the revision being enforced. You are required to check for updates with your resellers or through the Site.

C. Any and all TimeTec Private Cloud payment policies posted on the Site are incorporated herein by reference. The Company reserves the right to change its payment policies at any time and from time to time at its sole and absolute discretion. By accepting these Terms and Conditions, you agree to pay the Company all applicable charges via your account, in United States dollars, in accordance with the payment policy in effect at the time those charges become due.

D. You agree and represent that all the information you have and/or will provide for the purpose of enrolling for TimeTec Private Cloud are and/or will be accurate, complete, and current.

E. Mode of Payment: You shall ensure that you pay punctually for all subscription fees to the Company. Failure to do so might affect time attendance data collected and your access to the Site.

• PayPal or Credit Card: All payment transactions are processed solely through a third party payment gateway that the Company engages with. The Company will not collect your credit card information and all payment terms made through PayPal are bound by Paypal's Terms of Service. All processing fees or bank charges shall be borne by the Company.
• Bank Transfer: Payment can also be made by electronic bank transfer. All processing fees or bank charges shall be borne by the Company.
• Pay to your reseller: You may also subscribe to the TimeTec Private Cloud via the Company's authorized local resellers listed at http://www.timeteccloud.com/find_partner, in which case the payment should be submitted to the said authorized local reseller.

Activation of TimeTec Private Cloud is immediate and will take effect once the payment is cleared. TimeTec Private Cloud will always start from the date the previous package had ended, regardless of the payment date. For offline subscription done via the Company's authorized local resellers, activation of TimeTec Private Cloud will occur once the payment is cleared by the Reseller to the Company.

F. The Company will send an email reminder to your registered email account before your account expired. If the Company has not received your payment on the expiry date, your account will be terminated immediately.

G. You can terminate your account at anytime by sending a termination email to the Company at info@timeteccloud.com. You are entitled to a refund of the unused subscription for such months which you have paid in advance prior to the aforesaid termination ("Unused Usage"). Any refund will be calculated based on a MONTHLY subscription rate. Any subscription usage exceeding of 1 day shall be calculated as 1 month of subscription. A Refund Processing Fee of USD10 shall be charged to you. Refunds will be credited to your account. You will need to possess a Paypal account so that the refund can be credited to your Paypal account. All processing fees or bank charges shall be borne by you. If you make subscription fee payment via your reseller, the refund shall be made by your reseller to you.

H. All prices of TimeTec Private Cloud are exclusive of any applicable value added tax, goods services tax or any sale/service tax, for which you shall be liable to, if there is any.

• you have sufficient authority to agree and to accept these Terms and Conditions;
• you will at all times comply with all applicable laws;
• you shall not be in violation of any obligation, contract or agreement by agreeing to accept these Terms and Conditions and/or by performing your obligations under these Terms and Conditions;
• you shall comply with all of the Terms and Conditions, as may be amended from time to time; and
• all information provided by you is true, accurate, and complete, and is not misleading in any way.

• you have sufficient authority to agree and to accept these Terms and Conditions;
• The indemnifying party will pay any and all expenses, costs, damages, fees incurred by the indemnified party in connection with or arising from any action, claim, suit or proceeding made against it.
• The provisions of this Section 7 shall survive the termination of this Agreement.

B. The Company's Right To Terminate

• The Company may terminate this Agreement and discontinue your participation in the TimeTec Private Cloud, at its sole discretion, by providing you with written notice.
• If the termination is initiated due to any of the following reasons, the refund policy described in Section 5f shall not apply:

• you fail to make payment in accordance with the Company's terms or these Terms and Conditions;
• if the Company believes that you may be in competition with TimeTec Private Cloud or intend to develop a competitive service against TimeTec Private Cloud;
• if the Company believes that you have violated this Agreement or other policies or guidelines of the Company; and/or
• if the Company believes your conduct may be harmful to its business or to others who participate in TimeTec Private Cloud.

• All decisions made by the Company in this matter are final and binding and neither the Company nor its licensees (or distributors) shall have any liability with respect to such decisions.

C. Upon termination (by either party):

• you and all your registered users of your organization can neither access to your account nor use TimeTec Private Cloud Service;
• immediate service termination; and
• your data will be removed from the server immediately.

D. The Company and their respective affiliates shall not be deemed to be in default of any provision hereof or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, civil or military authority, civil disturbance, war, terrorism, strikes, fires, other catastrophes, power or telecommunications failure or any other cause beyond its reasonable control.

• You can contact support@timeteccloud.com and a reply will reach you within 12 hours, 7 days a week.
• Skype for immediate support is available from 9am to 6 pm (GMT+8), Monday to Friday.
• You can contact our authorized local resellers as listed to get local support.
• You will promptly report any errors in the operation of TimeTec Private Cloud to the Company and will not take any actions that would increase the severity of the error. You will use TimeTec Private Cloud solely as described herein. If you violate any of the requirements of this Section, the Company will have no responsibility to provide you with any support.

• Storage: The time clock data for TimeTec Private Cloud will be hosted on TimeTec Private Cloud servers, unless otherwise agreed. The Company does not represent, warrant or covenant that the use of TimeTec Private Cloud will be uninterrupted or that the operation of TimeTec Private Cloud will be error-free or secure. In addition, the security mechanisms implemented by the Company for TimeTec Private Cloud have inherent limitations, and you must determine whether the TimeTec Private Cloud sufficiently meets your requirements.
• Backup: While the Company shall use reasonable effort to protect and backup your data on a regular basis, the Company is not responsible for your data that is residing or uploaded to the TimeTec Private Cloud servers. You are solely responsible for backing up and exporting your time clock data. To ensure efficiency and stability of the system, TimeTec Private Cloud will undergo system maintenances and system upgrades from time to time as shall be determined by the Company's sole and absolute discretion.
• Your Data: Your data consists of all the information of your organization and the time clocking information inserted into the TimeTec Private Cloud interface by you ("Data"). The Company shall not use the Data except directly in furtherance of the purposes of this Agreement. The Company shall not disclose the Data to any third party unless directed by you, unless (a) such disclosure is made by the Company in response to a court order, and provided that the Company has given you reasonable notice of such court order, or in compliance with any legal obligation which you are a subject (other than a contractual obligation) or for the administration of justice or (b) is non-personally identifiable information. All data that is not your Data belongs to the Company (collectively "TimeTec's Data"). By accepting these terms and conditions you agree that the Company owns all of the TimeTec's Data.