Terms of Service

Published on 2016/02/01 at 12h00 EST

By using the worktamer.com web site ("Service"), a service of DataTamer Inc. ("DataTamer"), customers ("You") agree to be bound by the following terms and conditions ("Terms of Service"):

DataTamer reserves the right to update and change the Terms of Service at any time without notice. Continued use of the Service after any such changes shall constitute Your consent to such changes. The most current version of the Terms of Service may be viewed at: www.worktamer.ca/terms.cfm.

Services Provided

  1. The Service consists of a single website with two portals: one is provided for Your users and one is provided for Your clients. The client site provides simplified access for request entry and can be configured for open or restricted access by Your administrator.
  2. The Service is located at a website address ending in "worktamer.com" which is provided as a courtesy to the You. You may point other website addresses to this location at Your discretion.
  3. Technical support for the Service is provided via email or telephone via the contact information available at www.worktamer.com/contact.cfm. DataTamer reserves the right to restrict technical support to Your administrator only.
  4. Customization of the Service is quoted in advance at the current DataTamer consulting rates. All customization fees are due at time of production release.
  5. Bandwidth to the Service is not currently limited but is shared by all customers. DataTamer reserves the right to throttle or disable Your account if Your bandwidth usage exceeds 200 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by DataTamer) of other Service customers.
  6. Data storage is included in the license fees in the amount of 10MB / user. Addditional storage may be purchased according to the current published rates found at www.worktamer.com/service.cfm.
  7. 30-Day Money Back Guarantee: DataTamer hereby extends an unconditional money back guarantee to You during the first thirty (30) days of Your account. This guarantee shall begin on the date that the Service activation is emailed to You and expires thirty calendar days thereafter. In order to avail Yourself of the 30-Day Guarantee, You must notify DataTamer by emailing a cancellation request. The Service shall be terminated and any fees paid shall promptly be returned in the form of a PayPal refund to You.

Website Address

  1. DataTamer will designate for Your use a website address ending in "worktamer.com". You acknowledge that this address is the sole property of DataTamer, is temporarily designated for Your use as part of the Service, and is not portable.
  2. DataTamer reserves the right to change the website address for Your Service at any time. DataTamer will use reasonable efforts to minimize inconvenience to You resulting from such changes.
  3. You acknowledge that You will have no right to use the website address assigned upon cancellation or termination of the Service.

Service and Pricing Modifications

  1. DataTamer may, from time to time and in its sole discretion, modify the Service to offer additional and enhanced functionality. These additions and enhancements will be subject to the current Terms of Service.
  2. Account pricing is subject to change upon thirty (30) days notice from DataTamer.
  3. You may upgrade, downgrade or cancel Your service by providing DataTamer with an email request with Your change details. There will be no refunds or credit for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an active account.

Privacy, Data and Copyright

  1. DataTamer's current privacy policy may be viewed at www.worktamer.com/privacy.cfm.
  2. Since the Service is a hosted, online application, DataTamer may occasionally need to notify all users of the Service of important announcements regarding the operation of the Service.
  3. Your data is supported by a single database specific to You. Data is never shared between customer accounts.
  4. You understand that the technical processing and transmission of the Service, including Your data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. As such, DataTamer cannot guarantee the security of Your data while it is transmitted over the Internet and through servers that DataTamer does not control.
  5. DatTamer claims no intellectual property rights over the data You provide to the Service. Data uploaded remains Your property. You, not DataTamer, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Your data, and DataTamer shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of Your data. In the event Service is terminated (other than by reason of Your breachof these Terms of Service), DataTamer will make available to you a file of Your data within 30 days of termination if You so request at the time of termination. DataTamer reserves the right to withhold, remove and/or discard Your data without notice for any breach, including, without limitation, Your non-payment. Upon termination for cause, Your right to access or use Your data immediately ceases, and DataTamer shall have no obligation to maintain or forward any data.
  6. The look and feel of the Service is copyright © 2009 DataTamer Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from DataTamer.

Your Responsiblities

  1. The Service is intended for adult use only. All users of the Service must be 18 years old or older.
  2. Each user of the Service must have their own valid user account. User accounts cannot be shared or used by more than one individual user but may be reassigned from time to time to new users who are replacing former users who have terminated employment or otherwise changed job status or function and no longer use the Service.
  3. You are solely responsible for the security of Your passwords at all times.
  4. You are solely responsible for all administration of the Service including but not limited to user addition and removal, password resets, public access control, and Service configuration.
  5. You are responsible for all activity occurring under Your user accounts and shall abide by all applicable local, provincal, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify DataTamer immediately of any unauthorized use of any account or password or any other known or suspected breach of security; (ii) report to DataTamer immediately and use reasonable efforts to stop immediately any copying or distribution of data that is known or suspected by You or Your users to be in violation of these laws; and (iii) not impersonate another DataTamer user or provide false identity information to gain access to or use the Service.
  6. You must not upload, post, host, or transmit unsolicited email or "spam" messages.
  7. You must not transmit any worms or viruses or any code of a destructive nature.
  8. You must not upload, post, email or transmit otherwise any material that is illegal, pornographic, abusive or obscene. DataTamer may, but has no obligation to, remove data and accounts containing data that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  9. You must not modify or alter the Service or modify another website so as to falsely imply that it is associated with the Service, DataTamer, or any other DataTamer service.
  10. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of DataTamer.
  11. This Service uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. You acknowledge and agree that the Service shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States and/or the European Union maintains an embargo, or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, You represent and warrant that You are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
  12. This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000
  13. You will indemnify, defend and hold DataTamer, and its officers, directors, employees, agents and affiliates harmless from and against any and all costs, liabilities, losses and expenses, including, but not limited to, reasonable attorneys’ fees resulting from or arising out of any claim, suit, action, arbitration or proceeding brought by a third party against indemnified party relating to: (i) a breach or alleged breach by You or any of Your representations, warranties, covenants or obligations hereunder, (ii) infringement or misappropriation of any intellectual property rights, including but not limited to copyright, trade secret and trademark rights, (iii) personal injury caused by any negligence or willful misconduct of Yours, or (iv) use of the Service, including use of the Service without Your consent.
  14. You may not assign or transfer Your rights or obligations under or interest in this agreement without first obtaining the prior written consent of DataTamer. DataTamer may, in its sole discretion, assign its obligations under this agreement in connection with any merger, sale of all or substantially all of the assets of DataTamer, or sale of a majority of the outstanding shares of voting stock of DataTamer.

Billing and Renewal

  1. DataTamer charges and collects in advance for use of the Service. DataTamer will automatically bill and renew Your account through the PayPal service on a monthly basis. The renewal charge will be equal to the then-current number of total user accounts times the then-current account fee in effect at the time of renewal. DataTamer's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (provincial or federal) taxes based solely on DataTamer's income.
  2. You agree to provide DataTamer with complete and accurate billing and contact information. This information includes Your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and Service administrator. You agree to update this information within 30 days of any change to it. If the contact information You have provided is false or fraudulent, DataTamer reserves the right to terminate Your access to the Service in addition to any other legal remedies available.
  3. All Canadian entities are billed in Canadian dollars and are subject to Canadian payment terms and pricing.
  4. All U.S. entities are billed in U.S. dollars and are subject to U.S. payment terms and pricing.
  5. all entities outside Canada and the U.S. are billed in U.S. dollars and are subject to U.S. payment terms and pricing.
  6. If you believe your bill is incorrect you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
  7. DataTamer reserves the right to suspend or terminate Your Service if your account becomes delinquent (falls into arrears). Delinquent accounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. If You or DataTamer initiates termination of the Service, You will be obligated to pay the balance due on Your account. You agree that DataTamer may charge such unpaid fees to Your PayPal account or otherwise bill You for such unpaid fees.
  8. DataTamer reserves the right to impose a reconnection fee in the event You are suspended and thereafter request access to the Service. You agree and acknowledge that DataTamer has no obligation to retain Your data and that such data may be irretrievably deleted if Your account is 30 days or more delinquent.

Cancellation and Termination

  1. You may cancel Your account at any time by providing DataTamer with an email request to cancel the Service.
  2. All of Your data will be deleted from the Service immediately upon cancellation. This data can not be recovered once the Service is cancelled.
  3. DataTamer, in its sole discretion, reserves the right to suspend or terminate Your account and to refuse any and all current or future use of the Service, or any other DataTamer service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of Your account or Your access to your account, and the forfeiture and relinquishment of all data in Your Account.
  4. Violation of any aspect of the Terms of Service will result in the termination of Your account.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any DataTamer employee, customer or officer will result in the termination of Your account.

Disclaimer of Warranties

  1. Your use of the Service is at Your sole risk.
  2. The Service is provided on an "as is" and "as available" basis. DataTamer does not make, and hereby disclaims, any and all express and/or implied warranties including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. DataTamer does not warrant that the service will be uninterrupted, error-free or completely secure.
  3. The Service imay be subject to limitations, delays and other problems inherent in the use of the Internet. DataTamer is not responsible for any delays, delivery failures or other damage resulting from such problems.
  4. DataTamer does not warrant that (i) the service will meet Your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through the Service will meet Your expectations, and (v) any errors in the Service will be corrected.

Limitation of Liability

  1. In no event DataTamer's aggregate liability exceed the amounts actually paid and/or due from You in the twelve (12) month period immediately preceeding the even giving rise to such claim.
  2. In no event shall DataTamer be liable to You, Your users or to any third party for any any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DataTamer has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.

General Provisions

  1. DataTamer reserves the right to refuse service to anyone for any reason at any time.
  2. No joint venture, partnership, employment, or agency relationship exists between You and DataTamer as a result of use of the Service.
  3. The failure of DataTamer to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and DataTamer and govern your use of the Service, superceding any prior agreements between you and DataTamer (including, but not limited to, any prior versions of the Terms of Service).
  4. This Agreement shall be governed by Ontario law and controlling Canadian federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Service or the Service shall be subject to the exclusive jurisdiction of the provincial and federal courts located in Hamilton, Ontario, Canada. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of these Terms of Service. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
  5. These Terms of Service comprise the entire agreement between You and DataTamer and, except as otherwise provided, supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, regarding the subject matter contained herein.

Any questions regarding the Terms of Service should be directed to: info@worktamer.ca.