Terms of Use
General
timeSSD.com is a site operated by
Astailor Shine S.R.L.
We are registered in Romania under company
number J14/156/2013 and with our registered office at Curtea 24, 3A, Targu
Secuiesc, RO - 525400.
Our main trading address is: str. Cernat nr. 27,
Etaj I, Targu Secuiesc, RO – 525400.
Our VAT number is: RO32056590.
We are regulated by the Romanian law.
These
Terms of Use govern your access to use of timeSSD
sites, any information, software, database, text, graphics, or other materials
appearing on the Site and connected sites, and any services provided through
the Site and connected sites. Your access to and use of the Site, Content,
and/or Services are expressly conditioned on your compliance with these Terms
of Use. By accessing or using the Site, connected sites, Content, or Services,
you agree to be bound by these Terms of Use.
Definitions
Specific terms will be used throughout this document
and will have the following meanings:
Modification
of Terms of Use
You
acknowledge and agree that Franchisee may revise these Terms of Use from time
to time. By continuing to access or use the Site, Content, or Services after Franchisee
makes any such revision, you agree to be bound by the revised Terms of Use.
Privacy
See
Franchisee Privacy and Cookies Policy
for information and notices concerning Franchisee’s collection and use of your
personal information.
Guard
Your Password
You
are responsible for safeguarding the password that you use to access any secure
areas of the Site. You agree not to disclose your password to any third party.
You agree to take sole responsibility for any activities or actions under your
password, whether or not you have authorized such activities or actions. You
will immediately notify Franchisee of any unauthorized use of your password.
Your
Use of the Content
Franchisee
authorizes you to use, download, view, share, and print of any Content in
concordance with the User license rights owned, and subject to the restrictions
set forth in these Terms of Use.
All and any data, from this
document, related to prices and costs are only informative. The valid prices and estimated costs are
published in the dedicated sections from the Site.
Your Use of the Software
The
Software is „pay as you go” based.
You
can use the Software in the:
Role GM : Garment industry belonging
Manufacturer Business role. This is the default Role at the Subscription time;
the User can change it.
GM Role costs: i. Access;
ii. Creation; iii. Retention; iv. Data Import; v. Hiding ;
Use
of the Software in GM Role
GM Role Costs
Setup Fee, as it’s defined, when
the Trial User End status reached.
When a User adds to its Method list
an Element from the Database then the Credit is decreased with the Element’s
Value.
When a User adds a Method /
Operation to a Workflow then the Credit is decreased with the Workflow Value of
the selected Method / Operation.
When a Shared item is accepted then
the Credit is decreased with the item’s value.
When a Pubic item (Operation or
Workflow) is imported then the Credit is decreased with the item’s value.
When the
User exports items in Excel table format.
On
the first day of each month the Access Cost, the Retention Costs and the Hiding
cost (if the Business opted to be hided) are calculated and the Credit is
decreased with the corresponding value.
No
cost for the items in the Master Data group.
GM Role File upload
Allowed File Types to upload in the
System : PDF
Each Business can upload :
i.
One Business presentation /
logo file , max. 400 KB;
ii.
One file attached to each
Model / Style , max. 400 KB;
iii.
One file attached to each
Method / Operation , max. 400 KB;
iv.
One file attached to each
Workflow , max. 400 KB;
with no additional costs.
Print
and data export from the Software
All
the reports can be generated in PDF and Excel format, the User can save and print
the generated files.
With
the implemented EDI features the method and operation list data are exported in
flat file(s) for third party software.
The
data export in PDF is free.
The
data export in Excel it has the cost as specified in the definitions chapter.
The
SysAdmin holds the full rights to block in case of any Business the data export
in Excel and flat file format, on its sole decision, in case of observance of
suspicious activity which can harm the interests of Franchisee.
Copyrights
The
rights regarding the System’s initial database content, the elements, are owned
by the Franchise.
All
the rights regarding the Methods and Workflows – as a whole – developed with
the Software, as Private Data by default, are owned by the Business. The rights
over the elements included in the methods are owned by the Franchise, excepting
the Business developed own elements.
Business
agree that its data gathered during the system’s use can be used by Franchisee in general statistics, along with data from
other Business and sources, without to referring to the sources.
All
the rights regarding the Public Data, Public Methods and Public Workflows are
owned by Franchisee.
Once
a Private Method or Workflow is Published (declared as Public) by the Business
then that Method or Workflow remains Public even if it not will be included as
visible among the Public Data.
Each
User can start to Publish but the items are Published only after the SysAdmin
approves on its sole discretion the User request.
Franchisee
keep the full rights to decide on its sole discretion when and whether publish
/ accept to publish or not a Public Method or Workflow.
Franchisee
keep the full rights to remove any Public Data on its sole discretion without
any notice.
Once
a Private Method/Workflow is Shared then that Method/Workflow is owned by all
the parties as Private Data. Any party has full rights on it. Sharing is
irreversible.
Language
The
basic and reference language of the whole Content and services is the English.
The
descriptions on the Site are only in English. When a translation of the
Software on a new language is available then a new downloadable PDF is added
with the summary of the Software on the new language.
The
translation of the Software on a new language mean the interface and reports
standard texts translation together with the standard Elements descriptions
translations from the Database.
The
Language feature of the Software allow by default to define a Method with
Elements on the User selected language and to use or/and edit its Elements on
any other available language without any additional effort.
The
Language feature is available for all the rest of the User defined data
(Operation description, Workflow and so on) if the User makes the descriptions
in two or more languages.
The
“Terms of Use” and the “Privacy and Cookies Policy” are available in Romanian
too. No other translation of them is intended.
The
invoices are edited in English as basic, for the Romanian companies in
Romanian.
Accounts
Each
Business has an Administrator.
The
first User which make the Subscription is considered by default the Software
Administrator for its / represented Business, this right can be transferred in
the future, without Franchisee’s contribution, to other User from the same
Business.
One
Business can have only one Software Administrator at a given time.
The
User licenses are on Business level.
During
the Subscription procedure the Business identification data set is required by
the Software, without that data the Subscription isn’t it possible.
The
provided Business identification data must be real, valid and the User who make
the Subscription with that data must have the acceptance for the Subscription
action from the Business side.
No
possibility from Franchisee side to check the Business acceptance for the
Subscriber user, no responsibility from Franchisee side, all the responsibility
is on the User side with the possibility to be considered Abusive Usage in case
of the missing acceptance.
The
Business basic identification data are fix, once provided and confirmed it can
be changed only with the SysAdmin contribution, following an established
procedure and against a fixed fee.
The
Business Remove procedure can be initiated by the Software in case of no
payment of the Bonds, after all the warnings are exhausted, and by the
Administrator on own will but only after all Users were deleted.
The
Business Remove procedure is without Credit refund to the Business.
All
the Users, excepting the first one who make the Business Subscription, must get
an invitation from the Administrator to use the Account belonging to that
Business.
A
simple visitor of the site who isn’t registered in the Software isn’t it a User
of the Software.
Each
visitor who have registered once in the Software is considered a User.
Each
User belongs to a unique Account.
The
User is identified with its e-mail address and its password.
The
User can change its password as many times as it wants but can’t change its
e-mail address. The User’s e-mail address can be changed only by the
Administrator and it take effect after the activation of the confirmation link.
The
transfer of a User from one Account to another Account is possible as follows:
first delete the existing User from the Account and then the User accept the
invitation got via e-mail from another Business.
The
User can be deleted only by the Administrator.
Trial
As
a result of the successful Subscription the Business get an initial free Credit
for the Trial Period.
During
the Trial, the User could be limited on the number of the Methods and Workflows
what can copy from the Public, what can Share and what can accept from Shares.
Also,
could be limited on the total SAM of one Method what can define and on the
number of Operations what can select into one Workflow.
The
Trial could be limited in time regardless of the existing Credit or by other
system parameters.
On
User request sent by e-mail to the SysAdmin, and on the SysAdmin’s sole
discretion, part or all of the Trial limits may be cancelled.
During
the Trial period, the Administrator can ask for it but later at the end of the
Trial period the Administrator get the proposal to ask for the Commercial
status.
If
at the end of the Trial period, the User didn’t opted for Commercial status
then the Business Remove procedure is performed by the SysAdmin.
License
The
License didn’t have time limit, is limited only by the available Credit or by
the Assigned Bond level.
For
the Person, the License mean to ask for a pre-paid Credit. Based on the
Person’s request the proforma invoice is sent. When the whole payment is
received the Person’s Credit increase in the Software and the invoice is sent
to the Person by e-mail.
For
the Business, the License is granted based on pre-paid Credit like for the
Person or based on a Commitment with Business Assigned Bond value.
If
the Business would like to use the Bond then it should agree the offered
Commitment.
After
the Commitment is agreed by the Business the SysAdmin can proceed on sole discretion
with additional verifying procedures of the Business. Based on verification
results the SysAdmin could accept the Commitment from Franchisee side and will
inform the Business regarding the Assigned Bond value, or could not accept it,
on sole discretion, with no obligations for explanations.
In
case of acceptance of the Commitment by both parties the License is granted
until the first proforma invoice due date.
Each
invoice payment in due time prolong the License until the next proforma invoice
due date.
In
case of invalid Commitment, no agreement by both parties, then only the
pre-paid Credit grants the License.
Commitment
If
the Business would like to use the Bond for License granting then it should
give its separate accordance with signature on a commitment document which have
a similar content like :
“Business
uses the Content provided by Franchisee and will pay the Costs of the Content
use based on the accumulated Bond value at the end of each month or when the
Assigned Bond value is reached.
The
Business acknowledge that will pay with PayPal or bank transfer in due time the
value of the proforma invoice edited by the System based on the accumulated
Bond value.
The
Business acknowledge further that: i. gets in grace period with Access Blocked
in case of payment delayed; ii. if the payment delayed after the grace period
the Business enter in the reactivation period and will be charged additionally
with a reactivation fee; iii. if the payment is missing after the reactivation
period then the Business Remove initiated by SysAdmin.”
Availability
The
Services (including the User database) are hosted on the Microsoft Azure Cloud
Computing platform, excepting the descriptions from the Site.
The
used database is Microsoft SQL.
The
Azure’s standard back-up policy is applied for the database.
The
granted System’s Uptime is 99%.
The
System’s planned maintenances are scheduled for the non-working time in that
time zones from where the biggest number of Businesses are registered.
Date
& Time
As
the System is hosted on the Microsoft Azure Cloud then all timestamps and any
System’s time references are in UTC (Coordinated Universal Time).
The
Credit and Bond values are expressed in TIT.
When
a Business own an amount of TIT then it has Credit.
The
Business can buy Credit with a request sent or can get Credit as a result of
the use of a valid Voucher.
No Credit Share nor Credit transfer possible between
two or more Business.
No
Credit value refund to the Business in any circumstances with the exceptions
expressly specified in this TOU.
When
a valid Commitment exist then the Business can use the Software on a loan basis
and all Costs generated are cumulated as Bond.
The
Credit from any sources first is used by the System for Bond repayment.
May
happen to appear a Bond value without a valid Commitment as a result of the
Overdraft.
In
case of Overdraft the Commitment gets valid by default for the limited value of
the Overdraft, without parties’ agreement.
All
Costs generated are counted immediately from the Credit or in the Bond.
The
Software provide the Administrator with dedicated interface for the Business
Credit and Bond tracking.
Time
to time the SysAdmin may offer a Voucher for a Business.
The
Vouchers have an expiration date which limits the period it is usable.
No
Voucher Share nor Voucher transfer possible between two or more Business.
The
SysAdmin offers the Vouchers on sole discretion regarding when, to whom, why,
without any obligation.
Invoicing
The
invoice is generated after the payment of the corresponding Proforma Invoice or
instead of Proforma Invoice.
The
invoice and the proforma invoice are sent by default to the Business by e-mail.
On User request these documents could be printed and sent by post too. By default,
the courier costs are belonging to the Business, can be agreed exceptions.
Proforma
invoice is edited and sent when: i. the User ask for a pre-paid Credit; ii. a
Bond should be invoiced.
The
Bond should be invoiced when : i. the Business Assigned Bond value is reached;
ii. on the first day of each month for the Bond accumulated in the month
before; iii. In case of Business Remove.
Payment
Today the PayPal and bank transfer type
payments are available. In case of payment by payment order, bank charges for
the transfer shall be borne by the payer.
Payment by PayPal should be
addressed to : timessd@datas.ro
The information required for
payment by bank transfer are the followings:
Astailor
Shine S.R.L.
Trade Registry : J14/156/2013
Tax ID / VAT : RO32056590
Curtea 24 nr. 3A, Targu Secuiesc, Romania
IBAN :
RO67BRDE150SV24588771500 (payment in RON)
IBAN : RO97BRDE150SV24605631500
(payment in EUR)
BRD-Groupe
Société Générale
SWIFT:
BRDEROBU
All
prices are exclusive of all taxes and duties. Please note that possible custom
taxes and duties for each individual country are the Business / client’s
responsibility.
Franchisee
Property
All
rights, title, and interest in and to the Site, Content, and Services are and
will remain the exclusive property of Franchisee and its licensors except the
Private Data.
The
Site, Content, and Services are protected by copyright, trademark, and other
laws of both the Romanian and foreign countries. Except as expressly permitted
in these Terms of Use, you may not reproduce, modify or prepare derivative
works based upon, distribute, sell, transfer, publicly display, publicly
perform, transmit, or otherwise use the Site, Content, or Services. You may not
copy or modify the HTML code used to generate web pages on the Site. You may
not use the Site, Content, or Services on or in connection with any other
website, for any purpose. Franchisee respects the intellectual property rights
of others and expects our users to do the same. Unauthorized copying,
modification, distribution, public display or public performance of a
copyrighted work is an infringement of the copyright holder’s rights.
Selecting all or part of the elements from the System’s
initial database only to have them in an own list, without the scope of a
method development, is not allowed and is considered unauthorized copying.
General
Prohibitions
You
agree not to do any of the following while using the Site, Content or Services:
Franchisee
reserves the right to investigate and prosecute violations of any of the above,
including the Abusive Usage, intellectual property rights infringement and Site
security issues, to the fullest extent of the law. Franchisee may involve and
cooperate with law enforcement authorities in prosecuting users who violate
these Terms of Use. You acknowledge that Franchisee has no obligation to
monitor your access to or use of the Site, Content, and Services, but has the
right to do so for the purpose of operating the Site, to ensure your compliance
with these Terms of Use, or to comply with applicable law or the order or requirement
of a court, administrative agency or other governmental body.
Links
The
Site may contain links to third-party websites or resources. You acknowledge
and agree that Franchisee is not responsible or liable for: i. the availability
or accuracy of such websites or resources; or ii. the content, products, or
services on or available from such websites or resources. Links to such
websites or resources do not imply any endorsement by Franchisee of such
websites or resources or the content, products, or services available from such
websites or resources. You acknowledge sole responsibility for and assume all
risk arising from your use of any such websites or resources.
Termination
If
you violate any of these Terms of Use, your permission to use the Site,
Content, and Services will automatically terminate. In this case, the decision
regarding your Credit is on Franchisee sole discretion.
On
your initiative as Administrator you can terminate to use the Site, Content,
and Services with initiating the Business Remove procedure with acceptance of
the Credit no refund policy.
Franchisee
reserves the right to revoke your access to and use of the Site, Content, and
Services at any time, with or without cause. Franchisee also reserves the right
to cease providing or to change the Site, Content, or Services at any time. If
such a case would happens then Franchisee will export all Private Data in
printable format and will send them in e-mail to the Administrator. The Credit
will be refunded on the corresponding TIT value on the date of the cease
providing.
Use
of the Site at Your Own Risk
Your
access to and use of the Site, Content, and Services is at your own risk. Franchisee
will have no responsibility for any harm to your computer system, loss of data,
or other harm that results from your access to or use or impossibility to
access or use of the Site, Content, or Services.
Franchisee
provides such data and information AS IS, without any warranty, express or
implied, as to whether the information is correct or complete.
The
Site is Available “AS-IS”
THE
SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION
OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FRANCHISEE
EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. FRANCHISEE MAKES NO
WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE
AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FRANCHISEE MAKES NO
WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION
PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY,
TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SITE, CONTENT OR SERVICES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED FROM FRANCHISEE OR THROUGH THE SITE, CONTENT,
OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity
You
agree to defend, indemnify, and hold harmless Franchisee, its officers,
directors, employees and agents, from and against any claims, liabilities,
damages, losses, and expenses, including, without limitation, reasonable legal
and accounting fees, arising out of or in any way connected with your access to
or use of the Site, Content, or Services, or your violation of these Terms of
Use.
Limitation
of Liability
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FRANCHISEE NOR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT,
OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO
ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT
ASATILOR SHINE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU
SPECIFICALLY ACKNOWLEDGE THAT FRANCHISEE IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK
OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, FRANCHISEE WILL
HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT
UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.
YOU
AGREE THAT THE AGGREGATE LIABILITY OF FRANCHISEE TO YOU FOR ANY AND ALL CLAIMS
ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS
YOU HAVE PAID TO FRANCHISEE AND THEY ARE IN CREDIT STATUS FOR ACCESS TO AND USE
OF THE SITE, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FRANCHISEE AND
YOU.
Construction
In
the event that any provision of these Terms of Use is held to be invalid or
unenforceable, the remaining provisions of these Terms of Use will remain in
full force and effect. The failure of Franchisee to enforce any right or
provision of these Terms of Use will not be deemed a waiver of such right or
provision.
Controlling
Law and Jurisdiction
These
Terms of Use and any action related thereto will be governed by the laws of the
State where the Franchisee is registered without regard to its conflict of law
provisions. For any conflict that might arise between Franchisee and its
user/clients we will seek to solve it amiably. If, however this is not
possible, the litigation will be settled by a court of law in the jurisdiction
of Franchisee
Professional ethics
The
Software provides accurate times for the elements selected.
The
selected elements could fit the requirements and reality (their order and
parameters) only if the user has the necessary knowledge background in methods
engineering. It is strongly recommended to hold the corresponding studies and
trainings.
Entire
Agreement
These
Terms of Use are the entire and exclusive agreement between Franchisee and you
regarding the Site, Content, and Services, and these Terms of Use supersede and
replace any prior agreements between Franchisee and you regarding the Site,
Content, and Services.
If
you have any questions about these Terms of Use, please contact the Franchisee
at support@timessd.com
. You can also send your request to: Astailor Shine S.R.L., Str. Cernat no. 27,
Etaj I, Targu Secuiesc, RO – 525400
Trademarks
DataS®
and timeSSD® are registered trademarks of Astailor Shine S.R.L.
All
other trademarks are the property of their respective owners.
Copyright
Copyright
© 2020 Astailor Shine S.R.L. All rights reserved.
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