Terms and conditions for eHour

Last updated 9 March 2016

The service “eHour” is offered over the internet in the form of Software-as-a-Service by the company TE-CON B.V.

The use of eHour is subject to the below terms and conditions. Using eHour constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by eHour.

Article 1. Use of the service

1.1 The service eHour is offered for the purpose of office automation within your company, using the tools available from eHour. You choose yourself how to employ the tools and for which specific purposes.

1.2 To use eHour, you first need to register. After completing registration, you can directly log into your account and use the servce.

1.3 Access to your account is secured with a password. You must keep the password strictly confidential. eHour assumes that all actions undertaken from your account, after logging in with your username and password, is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified eHour that someone else knows your password.

1.4 eHour allows you to process personal data. eHour acts as a processor as that term is defined in the Dutch Data Protection Act; you are the controller. You indemnify and hold harmless eHour against all claims by third parties in connection with this Act.

Article 2. Terms of use

2.1 It it is not permitted to use eHour for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.

2.2 In particular it is not permitted to use eHour in a manner that causes a nuisance or hindrance for other users. This includes (among others) the use of personal scripts or programs for up- or downloading large amounts of data or excessively often accessing the service.

2.3 Should eHour discover that you violate any of the above, or receive a complaint alleging the same, eHour will issue a warning. If the warning does not lead to an acceptable resolution, then eHour may intervene to end the violation. In urgent of serious cases eHour may intervene without warning.

2.4 If in the opinion of eHour the continued functioning of the computer systems or network of eHour or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, eHour may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.

2.5 eHour may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless eHour from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and maintenance

3.1 eHour shall use reasonable endeavours to maintain the availability of eHour to the Customer, but does not guarantee 100% availability. Our goal is 99.5% uptime during European business hours (9:00-18:00 CET).

3.2 eHour actively maintains eHour. In case maintenance is reasonably expected to negatively impact availability, eHour carries out such maintenance outside European business hours (9:00-18:00 CET). Maintenance is announced in advance whenever possible.

3.3 eHour may from time to time adapt eHour. Your feedback and suggestions are welcome but ultimately eHour decides which adaptations to carry out (or not).

Article 4. Intellectual property

4.1 The service eHour, the accompanying software as well as all information and images on the website is the intellectual property of eHour. None of these items may be copied or used without prior written permission of eHour, except and to the extent permitted by mandatory law.

4.2 Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). eHour receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.

4.3 If you send information to eHour, for example a bug report or suggestion for improvement, you grant eHour a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.

4.4 eHour shall refrain from accessing data you store or transfer using eHour, unless this is necessary for a good provision of the service or eHour is forced to do so by law or order of competent authority. In these cases eHour shall use its best efforts to limit access to the information as much as possible.

Article 5. Compensation for the service

5.1 The use of certain functions of eHour is subject to fees. All fees listed are exclusive of all taxes or duties imposed by governing authorities. You are solely responsible for payment of all such taxes or duties.

5.2 Payment is possible by credit card or, in case of an annual plan by invoice.

5.3 The fee is billed in advance on a monthly or yearly plan. There will be no refunds for partial months or years.

5.4 Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.

5.5 When you’re located within the EU region we’re required to have your VAT number for VAT exemption.

Article 6. Limitation of liability

6.1 Except in case of intentional misconduct or gross negligence the liability of eHour shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.

6.2 eHour in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.

6.3 Damages may only be claimed if reported in writing to eHour at most two months after discovery.

6.4 In case of force majeure eHour is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 7. Term and termination

7.1 This agreement enters into force as soon as you first use the service and then remains in force until terminated.

7.2 You can terminate the agreement at any time although there will be no refunds for partial months or years.

7.3 eHour is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event eHour shall first send a reminder mail to the e-mail address connected to your account.

7.4 You can export the you store or process using the service at any time through the service interface.

Article 8. Changes to terms

8.1 eHour may change or add to these terms and conditions as well as any prices at the start of a new payment period (as defined in 5.1).

8.2 eHour shall announce through the service changes or additions at least thirty days before their taking effect.

8.3 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of eHour after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions

9.1 Dutch law applies to this agreement.

9.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with eHour shall be brought before the competent Dutch court for the principal place of business of eHour.

9.3 For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the eHour service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.

9.4 The version of any communication of information as recorded by eHour shall be deemed to be authentic, unless you supply proof to the contrary.

9.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

9.6 eHour is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of eHour or the associated business activities.

Privacy Statement of eHour

Last updated 24 March 2018

Who we are

eHour is a product of TE-CON B.V., located at

Herengracht 504
1017EB Amsterdam
The Netherlands

 

Why we collect information

We collect information when you use eHour. We do this to be able to deliver our services, to send you important operational information, for contractual reasons, to process financial transactions, and for legal and regulatory reasons.

We collect information when you contact us to respond to your request, question, or issue, and to follow up on the resolution.

 

What we collect

By using eHour, you are providing certain data to us. This could be personal data. We only retain and use the personal data provided directly by you or for which it is clear that it has been supplied to us to be processed.

We use the following data for the purposes as mentioned in this Privacy Statement:

Account creation:

  • First name and Last name
  • Email address
  • Company name

Billing purposes:

  • Billing address
  • Telephone number
  • VAT number when applicable

 

How long do we keep your information

eHour requires you to register beforehand. After your registration we will retain your user name and the personal data you provided. We will retain this data so that you do not have to re-enter it every time you visit our website, to contact you in connection with the execution of the agreement, invoicing and payment, and to provide an overview of the services you have purchased from us.

Data collected by eHour is retained for a maximum period of 1 month after the termination of the contractual relationship. For certain data there is a legal obligation to retain your data for a longer period, for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them.

 

Where and how do we keep your information

All your data is kept at Amazon AWS in Ireland. We took all necessary precautions to preserve the security of your data and, in particular, to prevent it from being accessed by unauthorized third parties, distorted, or damaged. These measures include the following:

  • Encryption of data at rest
  • Encrypted data transmission using SSL/https
  • Encrypted data backups
  • Anonymized log files

 

With whom do we share your information

The following third parties will receive personal information for the purposes described:

UserVoice
We use UserVoice for hosting our knowledge base and managing support tickets. We signed a data processing agreement with UserVoice. When creating a ticket through the widget we share the full name, email address and roles that that user has in eHour with UserVoice. UserVoice is certified under the EU/US Privacy Shield.

Stripe
We use Stripe as our payment gateway for subscriptions that are paid by credit card. Stripe’s services in Europe are provided by a Stripe affiliate—Stripe Payments Europe Limited (“Stripe Payments Europe”)—an entity located in Ireland and subject to European law. In providing Stripe Services, Stripe Payments Europe transfers personal data to Stripe, Inc. in the US.

To ensure the adequate protection of personal data, Stripe uses the European Commission’s Standard Contractual Clauses (“Model Clauses”) to allow for the lawful transfer of such data under the EU Data Directive. These Model Clauses cover all transfers of EU personal data between Stripe Payments Europe and Stripe, Inc., including user data and end-customer cardholder data. To learn more about the Stripe data transfers or to request a copy of their Model Clauses, please contact them at eudatatransfers@stripe.com.

Chargebee
We use Chargebee for managing monthly subscriptions. We signed a data processing agreement with Chargebee. When adding billing information to eHour we share the full name, email address, billing details, credit card number and VAT number if applicable. with Chargebee. Chargebee is certified under the EU/US Privacy Shield.

MailChimp
We use MailChimp for sending our newsletter, the initial welcoming mails and all (transactional) application related messages such as forgot password email, reminders, etc. We accepted the data processing agreement from MailChimp. We share the full name and email address of the person who started the initial trial with MailChimp. MailChimp is certified under the EU/US Privacy Shield.

Google Analytics
We use Google Analytics to track visitors on our website and to get reports about how visitors use the website. We accepted the data processing agreement from Google. We do not allow Google to use information obtained by Analytics for other Google services. We do anonymize the IP-adresses.

 

Cookies

A cookie is a small piece of information that is placed on your computer when you visit certain websites.

Two types of cookies are set when you use eHour: a functional cookie and an analytics cookie.

The functional cookie is used to remember your login and is not shared with any third party.

The analytics cookie is set by Google Analytics and gives us insight into how eHour is used. Anonymous data are collected, such as the duration of your visit, which pages you see, etc.

 

Changes to this Privacy Statement

We reserve the right to modify this statement. We recommend that you review this statement regularly, so that you remain informed of any changes. Any changes to this the privacy statement will be announced via our newsletter.

 

Rights of user

In accordance with applicable rules, you have the right to access, rectify or delete personal data.

You also have the right to request the limitation of the processing, and to oppose on legitimate grounds the processing of their personal data.

You may exercise your rights by sending an email to support@getehour.com

You may unsubscribe from the eHour newsletter by following the unsubscribe links.

In the event of a dispute, you may file a complaint with the Autoriteit Persoonsgegevens, for which contact details can be found at https://autoriteitpersoonsgegevens.nl/en