Terms and Conditions
Terms & Conditions (January 2024)
All services provided by jobmate and orders for software services, development or support are subject to the following express terms and conditions (Terms and Conditions). No additions or variations thereof shall apply unless expressly agreed in writing by jobmate.
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
The following definitions apply to all these terms and conditions.
“Access date” means the date on which the Software is available for use via web-mobile services.
“Commencement date” means the date identified on the Contract to provide services.
“Contract” means the agreement between jobmate and the customer, which is subject to the Terms and Conditions. These can be on a monthly subscription for fixed feature packages or over a termed period of years, subject to the customer agreement.
“Customer” means the party named as such in the Contract.
“Data Protection Legislation”: (i) Unless and until GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation, as amended or updated from time to time, in the UK, and if so changed (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
“GDPR” means the General Data Protection Regulation (EU2016/679)
“jobmate” means the company identified in the contract and shall include that company’s success or assigns.
“Modified Software” means software that is the subject of modification by jobmate to meet the Software Specification.
“New Releases” shall mean a release (version) of the software that incorporates significant new functionality features or bug fixes.
“Product” means Service, Software, Feature
“Software” means all programs, software and media supplied to the Customer by jobmate, excluding any Third-Party Software, integrated to jobmate either by delivering new software features or releasing additional capabilities in existing software. The software includes the Modified Software, data information, know-how and technology embodied or relating thereto, which may be contained in, revealed by, or shown on any documentation models, descriptions, forms drawings, schedules, flow charts, storage devices or information retrieval devices supplied to the Customer in connection with the Contract. To avoid doubt, the software shall not include any third-party software, unless stated.
“SaaS” Software as a Service” jobmate provides packages and customised SaaS products, packages that contain defined features that jobmate has determined to be suitable for the application it is being 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 of jobmate software are customised to meet the customer requirements. These are also provided on a SaaS basis through web and mobile access and attract a fee for subscription and data.
storage (outside the agreed-upon free allowance), as well as customisation, development, special documentation, installation, training, and maintenance.
“Support” shall mean the support services supplied to the “Customer by jobmate under the contract. The means of support will be determined by the package and agreement between the Customer and jobmate.
“Subscription licence” means one licence assigned to a single user and cannot be shared.
“Third-party software” means any third-party software which is integrated with jobmate, allowing API data to pass between the software to give a greater scope of features to the Customer.
“User Subscription” The User subscription is the monthly fee paid in advance for access to the software; this fee varies depending on the software’s features and applications.
Use of the jobmate SaaS software.
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 upon as being part of the subscription.
- Third-party software supplied by jobmate will be subject to the third-party software owners licencing terms and conditions, which, in the event of conflict, shall prevail over the provision of the Terms and Conditions. Jobmate gives no warranty to the third-party software. For the avoidance of doubt where the third-party software is supplied by jobmate to the customer, jobmate sole liability to the customer in respect of such third-party software shall be to use all reason endeavours to enforce at the customer’s expense jobmate rights (if any) against the relevant third party as the customer may reasonably require.
S2. Payment
- jobmate software subscriber licences are managed through a payment gateway. Users with permissions will be able to increase and decrease the number of subscribers (licences) above the minimum they have active at any time by simply accessing the portal in jobmate. Hence managing their own cost of licences.
- Payment for agreed development, training, implementation, data usage, support, etc, are invoiced directly by jobmate.
- The cost for services and enhancements is calculated on the application type.
- User Subscriptions are paid monthly in advance. The subscription increases each year at the minimum of the annual rate of inflation in the country, currency or territory in which it is being used. jobmate reserves the right to increase the subscription charges above the inflation rate with one (1) month due notice to customers on monthly plans.
- On the contract’s annual anniversary, enterprise customers’ subscription rates will be increased by the United Kingdom rate of inflation.
- Data amounts are agreed upon 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.
- The Data will be recharged at the published AWS Date 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 the payment is made. If payment is later than 3 (three) months, jobmate reserves the right to suspend the service.
VAT/GST etc – This will be payable at the rate applicable at the time of invoice or for customers where jobmate is not tax registered, zero rated or the applicable rate pertaining to their location.
S2. Subcontracting or releasing 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 of your organisation access to the software without prior permission from jobmate in writing. The subscription licence is for one user only and cannot be shared.
S3. 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.
S4. Termination of the Agreement
a. Termination of 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 will be deleted after 6 (six) months under GDPR regulations.
b. Contract jobmate Access (3- 5 years): – Notice of termination must be given in writing 6 (six) months in advance and acknowledged by jobmate before the contracted term has ended. Under GDPR regulations, data will be held for 12 (twelve) months before being deleted.
It should be noted that access to data will not be possible without a live subscription; hence, it should be downloaded before the end of the contract termination period. Access can be provided after this period for an agreed-upon fee.
c. Early termination—If the contract is terminated early, the full contractual fee is payable for the remaining term outstanding, based on the average number of subscribers in the contract term or the contractual minimum agreed-upon number of subscribers at its inception.
d. Company dissolved – In the event of a company closure, please contact the jobmate support desk. support@jobmate.cloud
S5. Service Provision
jobmate software and data are hosted in the AWS (Amazon Web Services) cloud and are backed up in the AWS systems. The service uptime of AWS is quoted at 99.9999+%. In the very 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 both micro and nano services in a serverless environment, making your data very secure and reducing the possibility of complete system failures. As jobmate has no control over AWS, we do not take liability for AWS system outages as these are outside of our control.
If the Customer reports any operational, functional engagement features 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 provided as agreed by the parties, jobmate will not be liable for breach of any warranty unless the breach is reported to jobmate within 3 (three) months after completion of the implementation of the said Service – Product.
S6. Support – 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, training material, etc., as part of the Subscription Licence fee. The cover is based on the UK time zone, 09:00 – 17:00 on Weekdays only and excludes 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.
Customers seeking additional support hours, time zones, documentation or company-individualised material can be provided for an additional fee.
Tailored support packages can be offered to meet Customers’ requirements and are available for an additional fee.
S7. Limited Liability
jobmate limits its liability in the use of the software; it provides a cloud software service platform for the Subscriber/Customer to use in the management of their day-to-day operational activities and can feed such data into partner or approved software.
jobmate does not guarantee connectivity should the SaaS software service not be available, either due to a third party’s failure to provide connections, the ability to receive a data signal or a lack of internet coverage.
S8. Data Quality
jobmate does not restrict or monitor data that is placed in the software and, therefore, holds no liability if data is entered wrongly, corrupted, or possibly made offensive and sent to third parties through jobmate.
S9. Connections and Integrations
It is not recommended to connect jobmate to other software through middleware, which jobmate has not approved. We are happy to work with clients to approve additional third-party software connections through our API’s
Although jobmate makes every effort to ensure its mobile app (Apple/Android) software works across all mobile devices, it cannot be guaranteed that it will be suitable for all makes and models as this is outside of our control. The jobmate web application was developed as a PWA (Progressive Web App) and should be suitable for all device types if the app store applications, for whatever reason, do not size correctly. Access is available through signing on through the web.
S9. Ownership
Any development enhancements, additional features, integrations, etc., remain the intellectual property of jobmate unless otherwise agreed upon.
S10. 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 due notice of the changes 6 weeks in advance.
- Customers on Enterprise versions will be consulted on new features or improvements and asked if they wish to adopt them.
S11. Force Majeure
Neither party shall be 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 shall apply for a limited period of time, and it is agreed that the performance of the contract shall continue thereafter, all previously agreed delivery dates shall be extended by no less than the delay.
S12. Third Party Rights
The Contract does not create any rights that are enforceable by anyone other than the parties to the agreement/Contract or any person to whom it is lawfully assigned.
S13. Patents, Design and Copyright
- The agreement does not create rights that are enforceable by anyone other than the parties to the agreement or any person to whom it is lawfully assigned.
- The design, operational features, and flows in the software remain under the sole ownership of jobmate, even when the customer has made input or paid for the development of such enhancements.
- All terminology and propriety information with respect to jobmate, its brands, content information, and marketing material remain the copyright of jobmate. Persons wishing to use the brand must contact jobmate for permission before using any material.
- To avoid doubt, at no time shall any rights, interests or title in any intellectual property be passed on to the Customer.
S14. Law
Unless otherwise agreed in writing, the agreement/contract shall be construed and interpreted in accordance with the laws of England, and the parties hereby submit to the exclusive jurisdiction of the English Courts.
S15. Transfer of rights
The agreement/contract is made between the signing parties, and each party does not have the right to transfer the agreement/contract to another party without prior authorisation by the said party, losing its rights unless there is a proven breach of the agreement/contract.
S16. Data Protection
Both Parties will comply with all applicable requirements of Data Protection Legislation in the country in which the software is utilised.
The parties to the agreement/contract acknowledge that for the purposes of the Data protection legislation, the customer is the data controller, and the jobmate is the data processor.
End
jobmate retains the right to change the terms and Conditions so here laid out, with due notice to the Customer of 3 (three months)
