Terms and conditionsTerms and conditions

Services and Software are provided as SaaS (Software as a Service) through a native cloud application. Both the operating system and data storage are held in the cloud, and access is through web services or mobile applications. For the avoidance of doubt, jobmate software is not supplied or provided outside of a SaaS service.

Definitions

Access date

The date on which the Software is available for use via web and mobile services.

Commencement date

The date identified on the Contract to provide services.

Contract

The agreement between jobmate and the Customer, subject to these Terms and Conditions. It may be a monthly subscription for fixed feature packages or run over a termed period of years, subject to the customer agreement.

Customer

The party named as such in the Contract.

Data Protection Legislation

The UK GDPR and the Data Protection Act 2018, with any national implementing laws, regulations and secondary legislation as amended or updated from time to time, and any successor legislation.

GDPR

The General Data Protection Regulation (EU) 2016/679 as retained in UK law.

jobmate

Jobmate Ltd, a company registered in England and Wales (company number 11691025) whose registered office is at 86 Tettenhall Road, Wolverhampton WV1 4TF, and its successors or assigns.

Modified Software

Software that is the subject of modification by jobmate to meet the Software Specification.

New Releases

A release (version) of the Software that incorporates significant new functionality, features or bug fixes.

Product

The Service, Software or Feature.

Software

All programs, software and media supplied to the Customer by jobmate, excluding any Third-Party Software, including the Modified Software and the data, information, know-how and technology embodied in or relating to it and any documentation supplied in connection with the Contract. The Software does not include any third-party software unless stated.

SaaS

Software as a Service. jobmate provides packages and customised SaaS products containing defined features that jobmate has determined to be suitable for the application they are applied to. These products can be enhanced to meet customer requirements and maintained by jobmate against a fee payable either as a fixed amount or as part of the monthly subscription. Enterprise versions are customised to meet the customer's requirements, provided on a SaaS basis through web and mobile access, and attract a fee for subscription and data storage (outside the agreed free allowance), as well as customisation, development, special documentation, installation, training and maintenance.

Support

The support services supplied to the Customer by jobmate under the Contract. The means of support is determined by the package and the agreement between the Customer and jobmate.

Subscription licence

One licence assigned to a single user, which cannot be shared.

Third-party software

Any third-party software integrated with jobmate, allowing API data to pass between the software to give a greater scope of features to the Customer.

User Subscription

The monthly fee paid in advance for access to the Software; it varies depending on the Software's features and applications.

S1. Agreement

jobmate agrees to provide the SaaS software in consideration for an agreed fee payable monthly in advance to access jobmate. The access date is either agreed or immediate depending on the contract type, including any additional features or services that both parties have agreed are part of the subscription.

Third-party software supplied by jobmate is subject to the third-party software owner’s licensing terms and conditions, which, in the event of conflict, prevail over these Terms and Conditions. jobmate gives no warranty on third-party software. Where third-party software is supplied by jobmate to the Customer, jobmate’s sole liability in respect of it is to use all reasonable endeavours to enforce, at the Customer’s expense, jobmate’s rights (if any) against the relevant third party as the Customer may reasonably require.

S2. Payment

jobmate subscriber licences are managed through a payment gateway. Users with permissions can increase and decrease the number of subscribers (licences) above the minimum they have active at any time through the portal in jobmate, and so manage their own cost of licences.

Payment for agreed development, training, implementation, data usage, support and the like is invoiced directly by jobmate. The cost of services and enhancements is calculated on the application type.

User Subscriptions are paid monthly in advance. The subscription increases each year by at least the annual rate of inflation in the country, currency or territory in which it is used. jobmate reserves the right to increase subscription charges above the inflation rate with one month’s notice to customers on monthly plans. On the contract’s annual anniversary, Enterprise customers’ subscription rates increase by the United Kingdom rate of inflation.

Data amounts are agreed or preassigned at the start of each subscription, offering an inclusive amount of data and then a charging model based on the current data rate from AWS. Data is recharged at the published AWS data rate plus an agreed percentage depending on the contract type.

jobmate reserves the right to charge interest on overdue amounts at 3% per month from the date the account becomes due until payment is made. If payment is later than three months, jobmate reserves the right to suspend the service.

VAT, GST and similar taxes are payable at the rate applicable at the time of invoice; for customers where jobmate is not tax registered, at the zero rate or the applicable rate for their location.

S3. Subcontracting or reselling the SaaS services

The contract of use is between jobmate and the Customer or direct subscriber. You are not allowed to resell the service or allow unauthorised parties outside your organisation access to the Software without prior written permission from jobmate. The subscription licence is for one user only and cannot be shared.

S4. Additional features and services

Subject to the conditions of the commercial agreement, jobmate will provide all support, training and consultation that the parties have defined in their offer. This may be subcontracted to approved individuals or bodies.

S5. Termination of the agreement

(a) Online monthly SaaS subscriptions: the account can be cancelled through the subscription. It is the subscriber’s responsibility to download any data they wish to retain once the subscription has ceased, as all data is deleted after six months under GDPR regulations.

(b) Contracted jobmate access (three to five years): notice of termination must be given in writing six months in advance and acknowledged by jobmate before the contracted term has ended. Under GDPR regulations, data is held for twelve months before being deleted. Access to data is not possible without a live subscription, so it should be downloaded before the end of the termination period; access after this period can be provided for an agreed fee.

(c) Early termination: if the contract is terminated early, the full contractual fee is payable for the remaining term, based on the average number of subscribers in the contract term or the contractual minimum agreed at its inception.

(d) Company dissolved: in the event of a company closure, please contact the jobmate support desk, support@jobmate.cloud.

S6. Service provision

jobmate software and data are hosted in the AWS (Amazon Web Services) cloud and backed up in the AWS systems. AWS publishes the availability commitments for each of its services in its own service level agreements (opens in new tab). In the unusual case that the service is not available, jobmate will, through its support channels, be in contact with AWS and will keep you informed of any actions that need to be taken. jobmate uses micro and nano services in a serverless environment, which reduces the possibility of complete system failure. As jobmate has no control over AWS, it does not accept liability for AWS system outages.

If the Customer reports operational or functional issues with the Software, jobmate warrants that the Product is rectified with reasonable skill and care and that the Service will conform in all material respects to the specifications agreed by the parties. jobmate is not liable for breach of any warranty unless the breach is reported to jobmate within three months after completion of the implementation of the Service or Product.

S7. Support and warranty

jobmate will continually support the Customer and will provide general material for training, setting up and user engagement with the Software through written communications, videos and training material as part of the Subscription Licence fee. Cover is based on the UK time zone, 09:00 to 17:00 on weekdays only, excluding public holidays.

Dedicated training material can be provided for specialist Enterprise applications, which the Customer will own; initially this is included in the implementation contract fees. Additional support hours, time zones, documentation or company-specific material, and tailored support packages, are available for an additional fee.

S8. Limited liability

jobmate limits its liability in the use of the Software: it provides a cloud software service platform for the Customer to use in the management of their day-to-day operational activities, which can feed such data into partner or approved software. jobmate does not guarantee connectivity should the SaaS service not be available because of a third party’s failure to provide connections, the ability to receive a data signal or a lack of internet coverage.

S9. Data quality

jobmate does not restrict or monitor data placed in the Software and therefore holds no liability if data is entered wrongly, corrupted or made offensive and sent to third parties through jobmate.

S10. Connections and integrations

It is not recommended to connect jobmate to other software through middleware that jobmate has not approved. jobmate is happy to work with clients to approve additional third-party software connections through its APIs.

Although jobmate makes every effort to ensure its mobile app software works across all mobile devices, it cannot guarantee suitability for every make and model, as this is outside its control. The jobmate web application was developed as a PWA (Progressive Web App) and should be suitable for all device types if an app store application does not size correctly; access is available by signing in through the web.

S11. Ownership

Any development enhancements, additional features, integrations and the like remain the intellectual property of jobmate unless otherwise agreed.

S12. Right to make changes

jobmate retains the right to make enhancements, changes and general improvements to the Software for customers on the standard monthly SaaS contracts by giving six weeks’ notice of the changes. Customers on Enterprise versions are consulted on new features or improvements and asked if they wish to adopt them.

S13. Force majeure

Neither party is liable for failure to perform its obligations under the Contract if such failure results from circumstances beyond the party’s reasonable control. If such a period applies for a limited time and it is agreed that performance of the Contract shall continue thereafter, all previously agreed delivery dates are extended by no less than the delay.

S14. Third party rights

The Contract does not create any rights enforceable by anyone other than the parties to the Contract or any person to whom it is lawfully assigned.

S15. Patents, design and copyright

The design, operational features and flows in the Software remain under the sole ownership of jobmate, even where the Customer has made input or paid for the development of such enhancements. All terminology and proprietary information with respect to jobmate, its brands, content and marketing material remain the copyright of jobmate; persons wishing to use the brand must contact jobmate for permission before using any material. For the avoidance of doubt, at no time shall any rights, interests or title in any intellectual property pass to the Customer.

S16. Law

Unless otherwise agreed in writing, the Contract shall be construed and interpreted in accordance with the laws of England, and the parties submit to the exclusive jurisdiction of the English courts.

S17. Transfer of rights

The Contract is made between the signing parties, and neither party has the right to transfer it to another party without the prior authorisation of the other, unless there is a proven breach of the Contract.

S18. Data protection

Both parties will comply with all applicable requirements of Data Protection Legislation in the country in which the Software is used. For the purposes of that legislation, the Customer is the data controller and jobmate is the data processor.

Changes to these terms

jobmate retains the right to change these Terms and Conditions with three months’ notice to the Customer. Questions go to support@jobmate.cloud or sales@jobmate.cloud.