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terms & conditions

  • Client Terms and Conditions
  • Contractor Terms and Conditions

Company Terms and Conditions

These Terms and Conditions govern your participation in and use of the Temphis Availability Manager Service as delivered through the Temphis App, website or web pages operated by Temphis Limited including but not limited to www.temphis.com ("the Site") and the Temphis Availability Manager dashboard control panel ("the Dashboard"). These terms ("Terms") set out the terms of your relationship with Temphis Limited ("we", "us" or "Temphis"). Please read these terms carefully as they affect your rights and obligations under the law.

If you do not agree to these Terms and Conditions, please do not register with us.

Please also see our Privacy and Data Protection Policy for information about how we collect and use personal data.

1. Introduction

  1. 1.1 Temphis Availability Manager is a web and mobile contractor availability management system ("the System") that allows contractors to communicate their availability for work directly to you, the Company ("You") by entering data into a native app.
  2. 1.2 In consideration for the relevant Subscription Fee as set out on the Site you will be given access to a Dashboard where you will be able to generate availability reports, manage your contractors and create bookings.
  3. 1.3 By using the Site, the Dashboard, the App or any other aspect of the Temphis Availability Manager Service you agree to be bound by these Terms.
  4. 1.4 Please note that these Terms may be amended from time to time. Notification of any changes will be made by us posting new terms onto the Site. In continuing to subscribe to the Service you confirm that you accept the then current Terms in full at the time you subscribe. If you do not agree to any amended Terms then you may terminate the Service and the previous terms will apply pending such termination.

2. Definitions

  1. In these terms and conditions the following terms shall have the following meanings:

    "App" means the Temphis Availability Manager App or such other native App as may be used to deliver the Service;

    "Availability Calendars" means the calendars into which Contractors will enter their Availability Data;

    "Availability Data" means the data input into the Availability Calendar by Contractors via the App;

    "Availability and Profile Data" means Availability Data and any data contained in a Contractor's Profile;

    "Authorised Contractor" means a Contractor who has agreed to share their Availability and Profile Data with a Subscriber;

    "Contractor" means each of the employees or contractors who input their availability and profile data into the availability management system via the App;

    "Dashboard" the Temphis Availability Manager dashboard control panel available to you as part of the Service;

    "Subscriber" an employer, agency or other third party who has subscribed to the Service and paid the Subscription Fee;

    "Initial Term" means the initial minimum term as set out on the Site;

    "Profile" means the page we set up for each Contractor where they are able to provide you with information about the nature of their business and the services they can offer;

    "Subscription Fee" means the fees due during the term of this agreement as set out on the Site;

    "Subscription Level" means the level corresponding to the Subscription Fee paid by you from time to time during the term of this agreement as set out on the Site;

    "Service" means the internet based service for which you have subscribed as set out on the Site;

    "Site" means the www.temphis.com website or such other website as may be used to provide the Service;

    "User" means each of your employees, prospective employees or agents who log in to the Site to utilise the Service;

    "You" means the client named on the Site;

3. About these Terms

  1. 3.1 These terms and conditions will govern the agreement between you, the Client ("you") and Temphis Limited ("we" or "us"). The contract for the provision of the Service is between the Subscriber named at registration and Temphis and we shall not be required to provide the Service to any other person.
  2. 3.2 Contractors who sign up to use the App to supply Availability and Profile Data to Subscribers will be required to enter into separate terms and conditions for this service.
  3. 3.3 These terms and conditions apply to all services provided by us to you. No variation to these terms will take effect unless and until it has been confirmed in writing by an authorised representative of Temphis Limited.

4. The Service

  1. 4.1 In consideration of payment of the Subscription Fee we will supply the Service to you. The Service will be provided through the App, Site and Dashboard or at such alternative website as we may specify from time to time.
  2. 4.2 The Service includes communication between you and the Contractors who have agreed to share their Profile and Availability Data with you but does not allow communication between you and any other Subscribers.
  3. 4.3 If you sign up to the Service through the Site then we will send a confirmation email to you to confirm your access to the Service. Please note that there is no contract between us until we have sent the confirmation email. The confirmation email will contain details about the Service we have agreed to provide, your subscription and the fees due.
  4. 4.4 Please note that each separate business, company or division (where a division trades under a separate name or from a separate location) will be treated as a separate Subscriber for the purposes of these terms and each contract will cover a single business, company or location only.
  5. 4.5 Please note that in order to manage our resources and for the purposes of fair allocation you are subject to the following fair usage policy:
    1. 4.5.1 Each Subscription package is limited to a maximum of 500 Authorised Contractors per User. If your Subscription allows for multiple Users, the maximum number of Authorised Contractors will be calculated by multiplying the number of User Licences available within your account by 500. Should you exceed this limit at any time you will be obliged to upgrade your subscription from the following month to include additional Users.
  6. 4.6 Please note that where the Service is used to facilitate bookings we are not liable for the terms of any such booking or for any neglect, default or failure on the part of any Contractor.
  7. 4.7 Although we aim to offer the best service possible we make no promise or assurance that the Service will meet your requirements. We cannot guarantee that the Service will be fault free, we will endeavour to update the Service regularly but we provide no guarantee or warranty to that effect.
  8. 4.8 Your access to the Service may be occasionally restricted or suspended to allow for repair, maintenance or to introduce new facilities or services. We will attempt to restore the Service as soon as we reasonably can.
  9. 4.9 We reserve the right to make changes to the Service, the App and the Site from time to time without notice to enhance or modify the Service, provided that the essential functionality of the Service will not be terminated.

5. Set-Up of the Services

  1. 5.1 We may offer a 30 day free trial to new Subscribers. This will allow you to use the Service for up to 30 days and to cancel the Service at any time during the free trial. We will send a confirmation email to you when you sign up for the free trial and we will inform you of the date by which the trial will end. If you cancel during this period we will terminate your access to the Service immediately. If you do not cancel during the free trial period and you wish to continue with the Service then you will be invited to upgrade to a paid subscription and you will be obliged to pay for at least one month's subscription charges, however you will remain free to terminate on one months' notice at any time.
  2. 5.2 The Subscription Fee will cover our charges for the installation and set-up of the Service. Set-up of the Service may be delayed due to factors beyond our reasonable control in those circumstances we will where possible inform you of the delay and provide you with a new 'go live' date. You will not be entitled to terminate this agreement due to any such delays beyond our reasonable control.
  3. 5.3 We offer the following subscription packages (prices subject to variation, please refer to the Site):

    1 User

    Up to 5 Users

    Up to 15 Users

    Additional Users (more than 15)

6. Price and Payment

  1. 6.1 In consideration of the provision of the Services you agree to pay the Subscription Fee.
  2. 6.2 The Fees shall include the cost of providing the Service but for the avoidance of doubt we are not required to provide the following services and the provision of such services, if agreed, shall not be included in the Fees (unless specifically agreed) and shall be subject to additional fees:
    1. 6.2.1 the provision of any training, maintenance or support services or any other services not set out in the Site;
    2. 6.2.2 any use by more than the permitted number of Users allowed under the relevant Subscription Level as set out in the Site.
  3. 6.3 The Subscription Fee is an fixed charge based upon the number of Users, the estimated use of the service and other matters. We reserve the right to increase our subscription charge upon renewal if, in our reasonable opinion, your use of the Service exceeds the basis on which we have calculated your subscription fee – we will provide you with one month's notice of any such increase and you will be entitled to terminate the agreement in these circumstances.
  4. 6.4 Subscription fees may be paid by credit or debit card. We will arrange to collect Subscription Fees from the card details supplied at signup.
  5. 6.5 All amounts stated on the Site and our confirmation emails are exclusive of value added tax unless specified otherwise. All payments will be made in advance. Should advance payment fail, we reserve the right to charge you interest in respect of the late payment of any sum due under this agreement (after as well as before judgment) at the rate of 8 per cent per annum above the base rate from time to time of the Bank of England from the due date until the date of payment. We also reserve the right to suspend your access to the Service pending payment and to terminate your subscription if you are more than 30 days overdue with payment.
  6. 6.6 Following successful payment, a combined invoice-receipt of payment will be supplied to you via email.

7. Term and Termination

  1. 7.1 The minimum term of this agreement will be the Initial Term thereafter this agreement may be terminated on one months notice.
  2. 7.2 If you terminate this agreement within the Initial Term you agree to pay to us the full amount of any unpaid Subscription Fees and any Subscription Fees which have been paid will not be refunded to you.
  3. 7.3 We may at any time suspend or terminate the Service without liability if:
    1. 7.3.1 any Fees are outstanding for more than 30 days; or
    2. 7.3.2 you are in breach of any other term of this agreement; or
    3. 7.3.3 we have reasonable grounds to believe that you have exceeded the maximum permitted number of Users for the Service; or
    4. 7.3.4 we have reasonable grounds to believe that the Service is being misused by you or any of your permitted Users.

8. Your Obligations

  1. 8.1 In using the Service you agree (both as an organisation and on behalf of any users of the Service):
    1. 8.1.1 To cooperate with us in the performance of the Service;
    2. 8.1.2 To comply fully with these Terms;
    3. 8.1.3 That you understand, and will ensure that each of your permitted users understand, that:
      1. a) log-in details may not be disclosed to any other person;
      2. b) the Availability and Profile Data may only be used for purpose of arranging or attempting to arrange suitable contracts for the Contractors and not for any other purpose;
      3. c) information provided by the Service may not be disclosed or transferred by you (or any employee, contractor, or agent of yours) to any other person whatsoever, unless that person is an authorised user, whether that person is an employee or agent of your organisation or otherwise.
  2. 8.2 You agree that although we ask Contractors to confirm whether you can access their Availability and Profile Data you will not submit a request for access to a Contractor's Availability and Profile Data unless that Contractor has expressly agreed to accept proposals and booking requests from you. You may not use the Service to market engagements, bookings or any services to any Contractor.
  3. 8.3 We grant you a limited licence to access and make use of the Site and App, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.
  4. 8.4 If you come across any offensive, inaccurate or damaging material or if you are subject to any form of abuse or harassment we ask that you contact us immediately to report the abuse by emailing info@temphis.com
  5. 8.5 You agree that you will not:
    1. 8.5.1 upload any files or post or publish any on the Site that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's computer.
    2. 8.5.2 access to the Site or App using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    3. 8.5.3 solicit log-in information or accessing an account belonging to someone else.
    4. 8.5.4 bully, intimidate, or harass any Contractor or Subscriber.
    5. 8.5.5 do anything unlawful, misleading, malicious, or discriminatory.
    6. 8.5.6 do anything to disable or impair the proper working of the Site, such as a denial of service attack.
    7. 8.5.7 do anything to suggest, express or imply that statements made by you are endorsed by us.
    8. 8.5.8 allow any other person (other than an employee or agent of your organisation) to use or borrow your Dashboard access details.

9. Our Liability

  1. 9.1 Our liability in relation to this agreement will be limited as follows:-
    1. 9.1.1 we will not be liable for any pure economic loss or for any indirect or consequential loss such as lost data, lost profit, loss of anticipated savings, business interruption or lost reputation arising from the use of the Service;
    2. 9.1.2 while we put systems in place to allow for the Contractors and Subscribers to report offensive, inaccurate, misleading, defamatory, fraudulent or illegal content, we do not make any warranties or guarantees in relation to that content. If we are informed of any such content we will attempt to remove the content as soon as we reasonably can.
    3. 9.1.3 we will H2
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