Last update: April 8, 2020.
By downloading or using the application, you agree to be bound by the terms and conditions of this agreement.
Here called “the buyer”
Assuming that the buyer would like to take the services of the seller regarding the use and the management of the timesheet software, agenda or forms (called Madli “Mobile-Punch”)
Assuming that the seller offers the buyer the right to use the Mobile-Punch software on the terms described below;
Assuming that both parts agree to the present contract;
1. The present contract aims the use by the buyer and the management by the seller of the application and software Mobile-Punch for an initial period of one (1) month as of the date of signature of said contract.
2. The seller is expressly committed to give an unlimited access to the cellphone application and on the dashboard to the buyer.
3. The seller is committed to save all the data produced by the users of the buyer during their use of the software Mobile-Punch as of twice a day and so for a period of five (5) years.
4. The seller is also committed to provide a functional solution and a technical support to the buyer from Monday through Friday from 8:00 AM to 4:00 PM.
5. The technical support is valid for two (2) responsible of the firm of the buyer which are identified on paper by the buyer for the seller in a concomitant way at the signature of the contract.
Those two (2) responsible are the only ones to have access to the data written by the users of the buyer. They are also the only ones who can make any changes to the files and parameters of the software Mobile-Punch on the account of the buyer.
Those two responsible can be changed at the discretion of the buyer by a document written to the seller, added with a written resolution of the administration board from the buyer’s firm.
6. The seller provides the buyer a right to use the software Mobile Punch with the geolocation according to the plan chosen and the price mentioned per month and per additional user, plus taxes.
7. Madli inc (Mobile-punch) should not have the obligation to collect and remit sales tax outside of Canada. Client agrees to self-assess himself for any sales taxes owed, to provide a proof of self-assesment and/or to furnish an exemption certificate to Madli inc . Client will indemnify Madli inc for any amount of sales tax requested by a local administration resulting from the current agreement.
8. With the signature of the present contract, the buyer agrees to pay the seller the sum of the package chosen in order to start the month of using the Mobile-Punch software.
9. In case of a faulty payment of more then seven (7) days, the seller has the right to delete the buyer’s access to the Mobile-Punch Software. In this case, the buyer will commit to pay an administration fee of 75 $ plus the fees related to this interruption to reactivate his account.
10. No hosting fees including wagers. However, Madli reserves the tight to add one in the future. If this is the case Mobile-Punch agrees to announce it 45 days before it is put into operation, it must be paid by the buyer to seller automatically.
11. The data hosted are the property of the buyer.
The seller commits never to leak any personal information and the data related to the timesheets listed as part of the use of the software Mobile-Punch by the users of said software, unless the representatives authorized by the buyer as specified in paragraph 5 or if required by the law or by a court’s judgment.
12. The seller is committed to do anything in his power to secure the data in order to prevent any software hacking or cyber-hacking but cannot guarantee that the software Mobile-Punch will not be the target of any software hacking and / or cyber-hacking.
13. The present contract will start at the date of signature and will automatically be renewed at each month.
14. The present contract can be terminated by the seller at any time if for any reason the buyer cannot provide the payment within the seven (7) days with all the fees described in paragraph 6 and / or 7.
15. In case the buyer does not wish to renew his contract, he will have to send a written notice to email@example.com.
In this eventuality, the contract will remain in effect until the last day of the contract, and therefore the buyer will pay all amount due until the end of his contract.
16. The buyer also renounce to his right of cancellation in the first three (3) month according the article 2125 of the Code Civil du Québec and, in the case that the buyer decides to cancel his contract before the time mentioned in paragraph 16, he will have to pay any fees related to a premature termination up to one (1) month of use.
17. All parts are satisfied with the present contract and agree with all commitments.
18. This contract can be modified Madli (Mobile-Punch) whit is in function will be posted on the site www.mobilepunch.com
19. This contract is regulated and interpreted by the laws in vigor in the province of Quebec and is submitted to the jurisdiction of the courts of the judicial district of Quebec to the exclusion of all other judicial district.
20. This contract constitutes the complete agreement between the parts and replaces all previous agreement, written or verbal.
21. All the titles and other divisions included in this contract were only written to ease the read and cannot be used for any kind of interpretation.
22. All dispositions of this contract are distinct. In the eventuality where the disposition of this contract would be illegal or invalid for any reason, this illegality or invalidity will not affect any other disposition of this contract.
23. This contract binds and benefits the successors of the parts
24. You therefore authorise Mobile-Punch to charge amounts directly to your credit card account for the use you have made of them, either in employees or other cost mentioned.