Terms

Last updated

In these terms, “we” and “us” mean Dare Mighty Data Solutions, LLC, a New York limited liability company, which owns TimeSheeta. “Your company” means the business entity that subscribes to TimeSheeta, and “users” means the people your company gives access to it.

Agreement

A company subscribes to TimeSheeta by signing an agreement with us. That agreement sets the plan, the price and the terms. The signed agreement, these terms and our privacy notice together are the whole contract between us. Where the agreement and this page disagree, the agreement wins.

Whoever signs for your company confirms that they are allowed to commit it.

Subscription

  • Plans are priced by crew size, billed annually in advance. Your plan is set from your QuickBooks employee list during initial set-up, and reviewed annually.
  • Setup involves a one-time fee included on the first invoice.
  • Renewal. Your subscription renews for another year at the end of each term unless it is cancelled. If next year’s price will be different, we will tell your company at least 60 days before the renewal date. A founding price does not change while the subscription continues without a break.
  • Cancelling: tell us at least 30 days before your renewal date and the subscription ends at the end of the term you have paid for. Apart from the guarantee below, and the cases under “Termination”, we do not refund the rest of a term that has been paid for.
  • Taxes. Prices do not include sales or similar taxes. Where they apply, they are added to the invoice.
  • Late payment. If an invoice is more than 30 days overdue, we may suspend your company’s access, after informing you in writing. Nothing is deleted for 60 days after a suspension. If the invoice is still unpaid after that, your company’s data in TimeSheeta may be deleted.

Guarantee

If your first month of payroll doesn’t come across cleanly, we refund everything you have paid, setup included.

“Cleanly” means that, in the first month after go-live, every week’s worth of hours your office approved in TimeSheeta arrived in QuickBooks. Or, if timesheet entries were refused by QuickBooks, a valid reason is shown to you - and that where the problem was ours, we could not rectify it before your payroll ran. Ask for the refund in writing within 30 days of the end of that first month.

Capabilities

TimeSheeta records the hours your users enter and sends the hours your office approves to QuickBooks as employee timesheet entries. TimeSheeta does not calculate pay, overtime or pay rates, and it does not run payroll. Whether QuickBooks pays an hour it receives is decided by your payroll setup in QuickBooks, and checking a payroll run before it is paid remains your responsibility.

TimeSheeta requires QuickBooks Desktop Enterprise with payroll, and Intuit’s Web Connector on the computer that holds your company file. Approved hours reach QuickBooks when that computer is on and the Web Connector runs.

User access & responsibility

  • Your company decides who uses TimeSheeta and what each person can do. TimeSheeta is not responsible for managing user access or user permissions within your company.
  • Your company is responsible for what is done under its users’ access.

Your data

Your company’s data is yours: the hours, the records read from your QuickBooks file, the activity log and your logo. You give us permission to hold and use it to run TimeSheeta for your company - to store it, show it to your users, send approved hours to QuickBooks, keep the service secure and answer your requests for help.

  • Put in only what belongs. TimeSheeta holds hours, not personal records. Please don’t type Social Security numbers, bank details, health information or anything similar into a note. TimeSheeta is not responsible for data entered by your company’s users.
  • Your company confirms that it is entitled to share with us the QuickBooks records and hours it puts into TimeSheeta.
  • If something goes wrong. If we learn that someone has reached your company’s data without permission, we will inform you promptly.
  • When you leave, we delete your company’s data within 60 days of the subscription ending, or sooner if you ask. Before the subscription ends, an administrator can download the activity log, and every hour your office approved is already in QuickBooks.

Using TimeSheeta

  • Use TimeSheeta for your own company’s hours. You are not permitted to resell TimeSheeta, or let another company use your account.
  • You are not permitted to attempt to access another company’s data, probe the service for weaknesses, or overload it in ways that exceed normal use.
  • You are not permitted to copy, reverse engineer, or take apart the application code, or collect data from it with automated tools.
  • You are not permitted to use TimeSheeta to build a product that competes with it.
  • You are not permitted to put anything unlawful, harassing or discriminatory in a note.
  • We hold the right to suspend an account that breaks these rules, and will tell your company why.

If you use TimeSheeta through your company

These terms are an agreement between us and your company. You use TimeSheeta because your company gave you access, and:

  • Your company controls your account. It decides what you can do, can change or remove your access at any time, and your access ends when your company’s subscription does.
  • Follow “Using TimeSheeta” above, and keep your sign-in to yourself. If you think someone else has used it, tell your company’s administrator promptly.
  • Enter hours as they were worked. What you enter becomes part of your company’s payroll record, and the activity log shows who entered, submitted and approved each week. TimeSheeta is not responsible for any data entered by you or anyone at your company.
  • Use what you see in TimeSheeta, such as other people’s hours, only for your work.
  • Mobile data. TimeSheeta uses your phone’s data connection to load and to upload hours. Any charges for that are between you and your carrier.
  • Your own details are covered by the privacy notice.

Changes and availability

We will provide TimeSheeta as described on this site and in your agreement, with reasonable care and skill. Beyond that and the guarantee, TimeSheeta is provided as is and as available: as far as the law allows, we make no other promises, stated or implied, including any promise of merchantability, fitness for a particular purpose or non-infringement, or that it will never be interrupted.

We improve TimeSheeta continually and may change how it works. We will not remove something your subscription depends on during a paid term without telling you first. We aim to keep the service available, but it depends on your internet connection, our hosting and your QuickBooks installation. At times TimeSheeta may be inaccessible for planned maintenance; these windows will be communicated to you in advance.

Help and feedback

Help comes from the people who build TimeSheeta, by email at hello@timesheeta.com.

If you send us ideas or suggestions, we are free to use them without payment or recognition.

Intellectual property

  • TimeSheeta is owned by and a product of Dare Mighty Data Solutions, LLC: the software, this website, the name and the logo are protected by intellectual-property laws. Your subscription lets your company use TimeSheeta during its term; it does not transfer ownership in any way. These terms do not grant you any right to use Dare Mighty Data Solutions, LLC’s trademarks or to copy, modify, or create derivative works of TimeSheeta, except as expressly permitted.

  • Your company’s name and logo. You give us permission to show your logo inside your company’s TimeSheeta instance.

  • We hold the right to name your company as a customer, or use its logo in our marketing. Email us at hello@timesheeta.com to opt out.

  • QuickBooks is a registered trademark of Intuit Inc. TimeSheeta is an independent product and is not affiliated with or endorsed by Intuit.

Mutual non-disclosure

Each of us will keep the other’s non-public information confidential, and use it only for this agreement. For us, that includes your company’s data. For your company, it includes the terms of your agreement and anything we share about our plans. This does not cover information that is already public, that the other side already had or worked out on its own, or that the law requires one of us to disclose - and if the law does, we will tell the other side first where we are allowed to.

Other companies’ products

TimeSheeta works with QuickBooks Desktop Enterprise and Intuit’s Web Connector. They are Intuit’s products, used under Intuit’s terms, and TimeSheeta does not control them. If a change Intuit makes affects what TimeSheeta can do, we will alert your company promptly about any impacts. The companies that host TimeSheeta and handle our email are listed in the privacy notice.

Limitation of liability

To the fullest extent permitted by law, TimeSheeta and Dare Mighty Data Solutions, LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to your use of TimeSheeta. Our total liability under these terms is limited to the fees your company paid for its current 12-month subscription term. Nothing in these terms limits liability that cannot be limited under applicable law. Any commercial agreement between Dare Mighty Data Solutions, LLC and your company may set out additional or different liability terms that govern that relationship.

Claims by others

  • Your company will defend us against claims by someone else that arise from data it had no right to put into TimeSheeta, or from breaking the rules under “Using TimeSheeta”, and will cover what we have to pay due to these claims.
  • Whoever claims this cover must tell the other side promptly, let it run the defense, and help where asked. Neither of us settles a claim in a way that admits the other’s fault, or costs it money, without its agreement.

Termination

  • Either party can choose to end the agreement if the other seriously breaches these terms and they are not rectified within 30 days of being told, or if the other stops trading or becomes insolvent.
  • TimeSheeta holds the right to deny a subscription or renewal. If we decide not to renew your subscription, we will inform you in writing at least 60 days before the renewal date.
  • If your company ends the agreement because we broke it, or we stop offering TimeSheeta, we refund the part of the year your company paid for and will not get to use.
  • Ending the agreement does not cancel money already owed. What these terms say about data, confidentiality, ownership, liability and claims by others carries on after it ends.

Changes to these terms

We may update these terms from time to time. When we make material changes, we will revise the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of TimeSheeta after an update means you accept the revised terms.

Governing laws

These terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, and you agree to the exclusive jurisdiction of the state and federal courts located in New York for any dispute not subject to a separate agreement between TimeSheeta and your company.

The rest

  • Notices. We send notices to the email address of your company’s administrator. Send yours to hello@timesheeta.com.
  • Signing electronically counts as signing.
  • Events outside anyone’s control, such as a failure at our hosting provider, a natural disaster or a widespread internet outage, excuse the delays they cause for as long as they last. They don’t excuse paying on time.
  • Handing the agreement on. Neither of us can transfer the agreement to someone else without the other’s consent, except as part of a sale or reorganization of TimeSheeta, after informing the other party.
  • Independent businesses. The agreement doesn’t make us partners, or agents of each other.
  • If part of these terms can’t be enforced, the rest still applies. Not enforcing a term straight away doesn’t mean forfeiting it.
  • Where TimeSheeta is offered. TimeSheeta is for companies running US payroll, and we run it from the United States. It may not be used from a country under US sanctions, or by anyone on a US government restricted list.

Contact

Questions about these terms can be sent to:

hello@timesheeta.com