Welcome to DayWorkSheet.com, a trading name of Urban Software Ltd
DayWorkSheet.com is an App designed for tradesmen and small businesses. These ‘Terms and Conditions’ are intended to explain our obligations as an App Provider and your obligations as a Subscriber. Please read them carefully.
These ‘Terms and Conditions’ are binding on any use of the App and apply to a Subscriber from the time that DayWorkSheet.com provides the Subscriber with access to the App.
DayWorkSheet.com, reserves the right to change these ‘Terms and Conditions’ at any time which will become effective from the date DayWorkSheet.com, communicates any changes to you by email or by notification on the DayWorkSheet.com Website.
By registering to use the App a Subscriber acknowledges acceptance of these ‘Terms and Conditions’ and confirms that the Subscriber has authority to act on behalf of any Person for whom the Subscriber will use App.
1. Definitions
Access Fee - means the monthly fee payable in advance by the Subscriber in accordance with the fee schedule set out on the DayWorkSheet.com App and DayWorkSheet.com Website. DayWorkSheet.com, may change these from time to time giving 30 days’ notice by email to the Subscriber plus any other legislative tax or duty that are payable at the time.
Agreement - means these ‘‘Terms and Conditions’’.
App - means the DayWorkSheet.com App used by the Subscriber’s workforce to process Data in the field. The App is made available via the Android Play Store or the Apple App Store and may be changed or updated from time to time by DayWorkSheet.com.
Confidential Information - means all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the App but does not include information which is, or becomes, publicly available other than through disclosure by one party without the authority of the other.
DayWorkSheet.com - is a trading name of Urban Software Ltd, Urban House, Dunnington, York, North Yorkshire, YO19 5LP. It is designed for use by tradesmen and small businesses and is available for suitable on both iPhone and Android platforms.
Data - means any data inputted by the Subscriber or with the Subscriber’s authority into the DayWorkSheet.com App.
Intellectual Property Right - means any patent, trademark, App mark, copyright, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world registered or not.
Invited User - means any person or entity, other than the Subscriber, that uses the App from time to time with the authorisation of the Subscriber.
Person - means any Person, Firm or Company.
Subscriber - means the Person who registers to use the App, and, where the context permits, includes any entity on whose behalf that Person registers to use the App.
Website - means the Internet site at the domain www.DayWorkSheet.com or any other site operated by DayWorkSheet.com.
2. Free Trial Policy
When a prospective Subscriber signs up for access to the DayWorkSheet.com Free Plan App it enables him to evaluate the suitability of the App for the prospective Subscriber’s business requirements with no financial liability. The prospective Subscriber is under no obligation to upgrade the App Plan should he decide not to do so.
3. Use of the App
If the Subscriber wishes to continue using the App after exploring the Free Plan the Subscriber has the option to upgrade to either the Basic or Premium Plans at any time in the future.
The Subscriber determines who is an Invited User and is responsible for the Invited User and manner of use of the App by all Invited Users
4. Your Obligations
Should the User wish to upgrade to another Plan, an invoice for the Access Fee will be issued in respect of the following month of use – the access fee is payable in advance.
DayWorkSheet.com, will continue invoicing the Subscriber monthly in advance until the Agreement is terminated in accordance with Section 9 below. All DayWorkSheet.com, invoices will be sent to the Subscriber, or to a Billing Contact whose details are provided by the Subscriber, by email. If payment of the Access Fee is not made when due the App will automatically terminate. In such event DayWorkSheet.com, will not be liable for any inconvenience loss or damage that the Subscriber or any other party may suffer including any consequential loss.
The Subscriber must use the App only for his/her own lawful internal business purposes, in accordance with these ‘Terms and Conditions’ and any notice sent by DayWorkSheet.com, or condition posted on the Website. The Subscriber may only use the App on behalf of others or to provide Apps to others.
The Subscriber must ensure that all usernames and passwords required to access the App are kept secure and confidential. The Subscriber must immediately notify DayWorkSheet.com, of any unauthorised use of the Subscriber’s passwords or any other breach of security and DayWorkSheet.com, will reset the Subscriber’s password. The Subscriber must take all other actions that DayWorkSheet.com, reasonably deems necessary to maintain or enhance the security of DayWorkSheet.com computing systems and networks and the Subscriber’s access to the Apps.
As a condition of these ‘Terms and Conditions’, when accessing and using the Apps, the Subscriber must not:
As a condition of these ‘Terms and Conditions’, if the Subscriber uses any communication tools available through the DayWorkSheet.com Website, the Subscriber agrees only to use such communication tools for lawful and legitimate purposes.
The Subscriber must not use any such communication tool for posting or disseminating any material unrelated to the use of the App, including (but not Ltd to): offers of goods or Apps for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Apps or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which the Subscriber do not have the right to use).
When the Subscriber makes any communication on the DayWorkSheet.com Website, the Subscriber represents that he/she, or it, is permitted to make such communication. DayWorkSheet.com, is under no obligation to ensure that the communications on the DayWorkSheet.com Website are legitimate or that they are related only to the use of the App. As with any other web-based forum, the Subscriber must exercise caution when using the communication tools available on the DayWorkSheet.com Website. DayWorkSheet.com, reserves the right to remove any communication at any time in its sole discretion.
Indemnity: - the Subscriber hereby indemnifies DayWorkSheet.com against all claims, costs, damage and loss arising from any breach of any of these ‘Terms and Conditions’ or any obligation the Subscriber may have to DayWorkSheet.com.
5. Confidentiality and Privacy
Unless the relevant party has the prior written consent of the other or unless required to do so by law, DayWorkSheet.com and the Subscriber, will each preserve the confidentiality of all Confidential Information of the other obtained in connection with these ‘Terms and Conditions’.
Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any Person, or use the same for its own benefit, other than as contemplated by these ‘Terms and Conditions’. DayWorkSheet.com, reserves the right to review any Data provided by the Subscriber for the purposes of improving the App and ensuring accurate marketing.
Each party’s obligations under this clause will continue after the termination of these ‘Terms and Conditions’.
The above shall not Apply to any information which:
6. Intellectual Property
Title to, and all Intellectual Property Rights in the Mobile App and Website, and any documentation relating to the App remain the property of DayWorkSheet.com. (or its licensors).
Ownership of Data: - Title to, and all Intellectual Property Rights in the Data shall remain the property of the Subscriber. However, the Subscriber’s access to the Data is contingent on full payment of the Access Fee when due. The Subscriber grants DayWorkSheet.com, a licence to use, copy, transmit, store, and back-up the Subscriber’s information and Data for the purposes of enabling the Subscriber to access and use the App and for any other purpose related to provision of Apps to the Subscriber.
Backup of Data - the Subscriber must maintain copies of all Data inputted into the App. DayWorkSheet.com, adheres to its best practice policies and procedures to prevent Data loss, including a daily system Data backup regime but does not make any guarantee that there will be no loss of Data. DayWorkSheet.com expressly excludes liability for any loss of Data no matter how caused. Should the Subscriber be unable to access the App the Subscriber must notify DayWorkSheet.com, without delay. No claim for consequential loss or otherwise can be made against DayWorkSheet.com, in respect of any such failure.
Third-party Applications and the Subscriber’s Data. - If the Subscriber wishes to enable third-party Applications for use in conjunction with the App, the Subscriber authorises DayWorkSheet.com to allow the providers of those third-party Applications to access the Subscriber’s Data as required for the interoperation of such third-party Applications with the App.
DayWorkSheet.com, shall not be responsible for any disclosure, modification or deletion of the Subscriber’s Data resulting from any such access by any such third-party Application providers. Under no circumstances will DayWorkSheet.com, be or become liable for any loss or damage suffered by any such party and the Subscriber hereby indemnifies DayWorkSheet.com, from and against any claim that may be made by a third party.
7. Acknowledgements and Warranties
Acknowledgement:
The Subscriber acknowledges that the Subscriber is authorised to use the App and to access the information and Data that the Subscriber inputs into App by any Person or organisation the Subscriber has authorised to use the App. The Subscriber is also authorised to access the processed information and Data that is made available to the Subscriber through the Subscriber’s use of the App (whether that information and Data is the Subscriber’s own or that of anyone else).
DayWorkSheet.com, has no responsibility to any person other than the Subscriber and nothing in this Agreement confers, or purports to confer, a benefit on any person other than the Subscriber. If the Subscriber uses the App on behalf of or for the benefit of anyone other than the Subscriber (whether a body corporate or otherwise) the Subscriber agrees that:
The Subscriber hereby indemnifies DayWorkSheet.com, against any claims or loss relating to:
The provision of, access to, and use of, the App is on an “as is” basis and at the Subscriber’s own risk.
Warranties
DayWorkSheet.com does not Warrant that the use of the App will be uninterrupted or error-free. Among other things, the operation and availability of the systems used for accessing the App, including public telephone Apps, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the App. DayWorkSheet.com does not accept any responsibility for any such interference or prevention of the Subscriber’s access or use of the App.
It is sole responsibility of the Subscriber to ensure that the App meets the needs of the Subscriber’s business and is suitable for the purposes for which the App is used.
It is the responsibility of the Subscriber to check that storage of and access to the Subscriber’s Data via the Mobile App will comply with the Subscriber’s legal obligations (including any laws requiring the Subscriber to retain records).
The purpose of the Free Plan is to enable the Subscriber to assess the suitability of the App for the Subscriber’s Business. DayWorkSheet.com` cannot accept any responsibility and cannot give any opinion or Warranty whether statutory or otherwise for the assessment and suitability of the App in relation to the Subscriber’s business.
If the Subscriber decides to use the App after assessment, DayWorkSheet.com will use its reasonable endeavours to enable the Subscriber to access the App during the period of the Subscriber’s subscription, but all electronic systems are capable of failure and should the Subscriber be unable to access the App, DayWorkSheet.com will rectify any fault within 72 hours of receiving notification from you by e-mail of any such failure. DayWorkSheet.com cannot accept responsibility for any such failure and in no circumstances shall DayWorkSheet.com be responsible or liable for any consequential loss the Subscriber may suffer.
DayWorkSheet.com, gives no Warranty in respect of the App. Without limiting the foregoing, DayWorkSheet.com does not Warrant that the App will meet the Subscriber’s requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or Warranties are excluded in so far as is permitted by law, including (but without limitation) Warranties of merchantability, fitness for purpose, title and non-infringement.
Consumer guarantees: - The Subscriber Warrants and represents to DayWorkSheet.com, that the Subscriber is acquiring the right to access and use of the App 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 App or these ‘Terms and Conditions’.
8. Limitation of Liability
To the maximum extent permitted by law, DayWorkSheet.com, excludes all liability and responsibility to the Subscriber (or any other person or organisation) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the App.
If the Subscriber suffers loss or damage because of DayWorkSheet.com’s negligence or failure to comply with these Terms, any claim by the Subscriber against DayWorkSheet.com arising from DayWorkSheet.com’s negligence or failure will be Ltd in respect of any one incident, or series of connected incidents, to the amount of the Access Fees paid by the Subscriber in the previous 12 months.
If the Subscriber is not satisfied with the App, the Subscriber’s sole and exclusive remedy is to terminate this Agreement in accordance with section 9 below.
9. Termination
No-fault termination: - These ‘Terms and Conditions’ will continue for the period covered by the Access Fee paid or payable under Section 2. At the end of each billing period these ‘Terms and Conditions’ will automatically continue for another period of the same duration as that period, provided the Subscriber continues to pay the prescribed Access Fee when due.
Either party may terminate this Agreement by giving notice to the other party at least 30 days before the end of the relevant payment period. If the Subscriber terminates this Agreement the Subscriber shall be liable to pay all Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of this Agreement.
Accrued Rights: - Termination of this Agreement does not extinguish any rights and obligations that may have accrued due to the other party up to and including the date of termination. On termination of this Agreement the Subscriber will: remain liable for any accrued charges and amounts which become due for payment before or after termination; and immediately cease to use the App.
10. Help Desk
Technical Problems: - In the case of technical problems The Subscriber must make all reasonable efforts to investigate and diagnose problems before contacting DayWorkSheet.com
If the Subscriber is unable to resolve any problem and is in need of technical help, the Subscriber must refer to the support provided online by DayWorkSheet.com, as set out in DayWorkSheet.com’s Website or failing that email DayWorkSheet.com, www.dayworksheet.com
App availability: - DayWorkSheet.com will endeavour to provide the App and the Website at all times but delays may occur to enable maintenance or other development activity to take place or due to circumstances outside the control of DayWorkSheet.com,
DayWorkSheet.com, will use all reasonable endeavours to ensure that any such delay is kept to a minimum but in no circumstances will DayWorkSheet.com, be or become liable for any consequential loss or damage.
11. General
Entire agreement: - This Agreement, and the terms of any other notices or instructions given to the Subscriber in accordance with this Agreement, supersedes and extinguishes all prior agreements, representations (whether oral or written), and understandings and constitutes the entire agreement between the Subscriber and DayWorkSheet.com relating to the App and any other matters dealt with in this Agreement.
Waiver: - If either party 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.
Delays: - Neither party will be liable for any delay or failure in performance of its obligations under these ‘Terms and Conditions’ if the delay or failure is due to any cause outside its reasonable control. Note - this clause does not Apply to any obligation to pay money.
No Assignment: - The Subscriber may not assign or transfer any rights to any other person without DayWorkSheet.com’s prior written consent.
Governing Law - The Agreement shall be governed by and construed in accordance with the laws for the time being in force in England and the parties agree to submit to the jurisdiction of the courts and tribunals of that Country.
Severability: - If any part or provision of this Agreement is invalid, unenforceable or in conflict with the law, the remainder of this Agreement will be binding on the parties.
Notices: - Any notice given under this Agreement and sent by either party to the other must be in writing or by email and will be deemed to have been given on transmission.
Notices to DayWorkSheet.com must be sent to [email protected] or to any other email address notified by email to the Subscriber by DayWorkSheet.com.
Notices to the Subscriber will be sent to the email address which the Subscriber provides when setting up the Subscriber’s access to the App.
Rights of Third Parties: - a person who is not a party to this Agreement has no right to benefit under or to enforce any term of this Agreement.
12. Account Deletion
If you wish to delete your account and remove all associated data, you may do so by following the account deletion process within the app settings. Once your account is deleted, all your personal data, including saved information and preferences, will be permanently removed from our systems. Please note that deleting your account will immediately stop all access to the app and its features.
Important: Cancelling Subscriptions
Deleting your account will not automatically cancel any ongoing subscriptions. It is your responsibility to review your active subscriptions and cancel them separately. If you have subscribed through Apple (App Store), you must cancel your subscription directly via your Apple account to stop any future payments.
For instructions on how to manage and cancel your subscriptions through Apple, please visit the Apple support page or refer to the "Manage Subscriptions" section in your Apple account settings.
13. Subscription Plans and Pricing
Day Worksheet offers several subscription levels to cater to different needs. Please refer to the website for the latest pricing and details on each plan:
For the most up-to-date information on pricing for each plan, please visit https://dayworksheet.com and navigate to the "Pricing" section. All prices are recurring and are subject to local and national tax rules.
Contact details:
DayWorkSheet.com the trading name of
Urban Software Ltd
Urban House
Dunnington
North Yorkshire
YO10 5LP
Email: [email protected]
Company registration number: 12052980
VAT registration number: to be confirmed
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