Terms & Conditions
Welcome to WorkBookPro, an online Field Service Management System tailored for small and medium-sized enterprises. This document outlines our responsibilities as your service provider and your responsibilities as a Subscriber. Please ensure you read these terms thoroughly.
These Terms of Use are effective upon any use of the Service and apply to you, the Subscriber, from the moment WorkBookPro grants you access to the Service. We reserve the right to modify these terms at any point, and such changes will take effect when we notify you via email or through an update on our Website. By signing up for the Service, you, as a Subscriber, acknowledge your acceptance of these Terms and affirm your capacity to represent any entity on whose behalf you utilize the Service.
1 - Definitions
- “Agreement” refers to these Terms of Use.
- “Access Fee” is the monthly fee payable in advance by the Subscriber, as detailed in the fee schedule on the Website. This fee may be subject to changes by WorkBookPro, with a 30-day notice provided to the Subscriber by email, plus any applicable Value Added Tax or other legislative taxes or duties.
- “Confidential Information” includes all information shared between the parties under this Agreement, whether conveyed in writing, electronically, or verbally, encompassing the Service. It excludes information that becomes public through no fault of one party.
- “Data” refers to any information input by the Subscriber or under the Subscriber's authority into the Website or Mobile App.
- “Intellectual Property Right” encompasses any patents, trademarks, service marks, copyrights, rights in designs, know-how, and any other intellectual or industrial property rights globally, regardless of whether they are registered.
- “Service” denotes the field service management services provided by Total Projects Southern Ltd trading as WorkBookPro, accessible through the Website and Mobile App, which may be updated or modified over time.
- “Website” is the online site at “www.workbookpro.com” or any other site operated by WorkBookPro.
- “Mobile App” refers to the WorkBookPro mobile application utilized by the Subscriber’s mobile workforce for processing Data in the field.
- “WorkBookPro” is the legal name for the entity previously known as WorkBookPro, located at Unit 2 Baddesley Industrial Estate North Baddesley Southampton SO52 9NW
- “Invited User” means any individual or entity, apart from the Subscriber, authorized to use the Service occasionally.
- “Person”c includes individuals, firms, or companies.
- “Subscriber” is the individual or entity that registers to use the Service, including entities represented by such individuals in the context of this Service.
- “Trial Period” is the duration offered to a potential Subscriber to assess the Service's suitability for their needs, as detailed in a specific clause of these Terms.
2 - Trial Policy
When a prospective Subscriber registers for access to the Service, WorkBookPro offers a 30-day trial period. This allows the Subscriber to assess whether the Service meets their business needs. Should the prospective Subscriber decide to continue using the Service beyond this Free Trial Period, they will be invoiced for the Access Fee at the commencement of the following month and monthly thereafter.
3 - Use of the Service
Should the Subscriber opt to continue utilizing the Service following the Trial Period, WorkBookPro grants the Subscriber the privilege to access and employ the Service, with specific user roles aligned to the subscription model chosen by the Subscriber. This privilege is non-exclusive, non-transferable, and confined to the stipulations of this Agreement. The Subscriber recognizes and concurs, subject to any binding written arrangement between the Subscriber and the Invited Users, or as per any pertinent laws, that:
A. The Subscriber has the authority to designate Invited Users and determine the extent of their access to the Service;
B. The Subscriber holds responsibility for the actions of the Invited User and how the Service is used by all Invited Users;
C. Should any disagreement arise concerning access to the Service between a Subscriber and an Invited User, it falls upon the Subscriber to resolve what level of access, if any, the Invited User will have to the relevant Data or Service.
4 - Your Obligations
A. Following the Trial Period as outlined in Clause 2, WorkBookPro will issue an invoice for the Access Fee for the subsequent month's use; this fee is payable in advance. WorkBookPro will continue to invoice the Subscriber monthly in advance until this Agreement is terminated as per Clause 9. All invoices from WorkBookPro will be emailed to the Subscriber, or to a Billing Contact provided by the Subscriber. If the Access Fee is not paid when due, the Service will automatically terminate. In such an event, WorkBookPro will not be liable for any inconvenience, loss, or damage that the Subscriber or any other party may suffer, including any consequential loss.
B. The Subscriber must use the Service solely for their own lawful internal business purposes, in compliance with these Terms and any notices or conditions posted on the Website. The Subscriber may only use the Service on behalf of others or to provide services to others.
C. The Subscriber is required to ensure that all usernames and passwords needed to access the Service are kept secure and confidential. The Subscriber must immediately notify WorkBookPro of any unauthorized use of their passwords or any other breach of security, and WorkBookPro will reset the Subscriber’s password. The Subscriber must take all other actions that WorkBookPro deems necessary to maintain or enhance the security of WorkBookPro's computing systems and networks and the Subscriber's access to the Services.
D. As a condition of these Terms, when accessing and using the Services, the Subscriber must not:
- Undermine the security or integrity of WorkBookPro’s computing systems or networks, or those of any third-party where the Service is hosted.
- Use or misuse the Service in any way which may impair its functionality, or impair the ability of any other user to use the Service.
- Attempt to gain unauthorized access to any materials other than those to which they have been explicitly granted access, or to the computer system on which the Service is hosted.
- Transmit, or input into the Website, any files that may damage another person’s computing devices or software, content that may be offensive, or material in violation of any law (including protected data or material).
- Attempt to modify, copy, adapt, reproduce, disassemble, decompile, or reverse engineer any computer programs used to deliver the Service or to operate the Website, except as strictly necessary for normal operation.
E. The Subscriber agrees to use any communication tools available through the Website (such as forums, chat rooms, or message centers) only for lawful and legitimate purposes. They must not use these tools to post or disseminate any material unrelated to the Service, including but not limited to unsolicited commercial email, files that may damage devices, or offensive content. WorkBookPro reserves the right to remove any such communications at its sole discretion.
F. Indemnity:
The Subscriber indemnifies WorkBookPro against all claims, costs,
damage, and loss arising from any breach of these Terms or any
obligations the Subscriber has to WorkBookPro.
5 - Confidentiality
A. Unless mandated by law or given express written consent by the other party, WorkBookPro and the Subscriber must each preserve the confidentiality of all Confidential Information obtained in connection with these Terms. Neither party will disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these terms and conditions. WorkBookPro reserves the right to review any Data provided by the Subscriber for the purposes of improving the Service and ensuring accurate marketing.
B. The obligations of each party under this clause will continue even after the termination of these Terms.
C. The provisions of clauses 5 A and 5 B will not apply to any information that:
- Becomes public knowledge through no fault of the receiving party;
- Is received from a third party who lawfully acquired it and is not under any obligation to keep it confidential;
- Was in the possession of the receiving party without restriction before receiving it from the disclosing party;
- Is independently developed without access to the Confidential Information.
6 - Intellectual Property
A. General: Title to, and all Intellectual Property Rights in the Services, the Website, Mobile App, and any documentation relating to the Services remain the property of WorkBookPro (or its licensors).
B. Ownership of Data:
Title to, and all Intellectual Property Rights in, the Data shall remain
the property of the Subscriber. However, the Subscriber’s access to the
Data is contingent on full payment of the Access Fee when due. The
Subscriber grants WorkBookPro a license to use, copy, transmit, store,
and back-up the Subscriber’s information and Data for the purposes of
enabling the Subscriber to access and use the Service and for any other
purpose related to the provision of services to the Subscriber.
C. Backup of Data:
The Subscriber must maintain copies of all Data inputted into the
Service. WorkBookPro adheres to its best practice policies and
procedures to prevent Data loss, including a daily system Data backup
regime, but does not guarantee that there will be no loss of Data.
WorkBookPro expressly excludes liability for any loss of Data, no matter
how caused. Should the Subscriber be unable to access the Service, the
Subscriber must notify WorkBookPro without delay. No claim for
consequential loss or otherwise can be made against WorkBookPro in
respect of any such failure.
D. Third-party applications and the Subscriber’s Data:
If the Subscriber wishes to enable third-party applications for use in
conjunction with the Service, the Subscriber authorizes WorkBookPro to
allow the providers of those third-party applications to access the
Subscriber’s Data as required for the interoperation of such third-party
applications with the Service. WorkBookPro shall not be responsible for
any disclosure, modification, or deletion of the Subscriber’s Data
resulting from any such access by third-party application providers.
Under no circumstances will WorkBookPro be liable for any loss or damage
suffered by any party, and the Subscriber hereby indemnifies WorkBookPro
from and against any claim that may be made by a third party.
7 - Warranties and Acknowledgements
A. Acknowledgement:
The Subscriber acknowledges that:
- The Subscriber is authorized to use the Service and the Website and to access the information and Data that the Subscriber inputs into the Website, including any information or Data input into the Website by any Person or organization the Subscriber has authorized to use the Service. The Subscriber is also authorized to access the processed information and Data that is made available to the Subscriber through the Subscriber’s use of the Website and the Service (whether that information and Data is the Subscriber’s own or that of anyone else).
- WorkBookPro has no responsibility to any person other than the Subscriber, and nothing in this Agreement confers, or purports to confer, a benefit on any person other than the Subscriber. If the Subscriber uses the Service or accesses the Website on behalf of or for the benefit of anyone other than the Subscriber (whether a body corporate or otherwise), the Subscriber agrees that:
- The Subscriber is responsible for ensuring that they have the right to do so;
- The Subscriber must accept full responsibility for any third party accessing information or Data, whether the Subscriber’s employee or another party, and whether authorized by the Subscriber or otherwise, and the Subscriber will indemnify WorkBookPro from and against any claim or demand made by such third party against WorkBookPro.
- The Subscriber hereby indemnifies WorkBookPro against any claims or loss relating to:
- WorkBookPro’s refusal to provide any person access to the Subscriber's information or Data in accordance with these Terms,
- WorkBookPro’s making available information or Data to any person on the authority of the Subscriber.
- The provision of, access to, and use of the Service is on an “as is” basis and at the Subscriber’s own risk.
- WorkBookPro does not warrant that the use of the Service will be uninterrupted or error-free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks, and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service. WorkBookPro does not accept any responsibility for any such interference or prevention of the Subscriber’s access or use of the Service.
- It is the sole responsibility of the Subscriber to ensure that the Service meets the needs of the Subscriber’s business and is suitable for the purposes for which the Service is used.
- It is the responsibility of the Subscriber to check that storage of and access to the Subscriber’s Data via the Website and Mobile App complies with the Subscriber’s legal obligations (including any laws requiring the Subscriber to retain records).
B. Suitability for the Subscriber’s Business:
- The purpose of the free Trial Period is to enable the Subscriber to assess the suitability of the Service for the Subscriber’s Business. WorkBookPro cannot accept any responsibility and cannot give any opinion or warranty whether statutory or otherwise for the assessment and suitability of the Service in relation to the Subscriber’s business.
- If the Subscriber decides to use the Service after assessment, WorkBookPro will use its reasonable endeavors to enable the Subscriber to access the Service during the period of the Subscriber’s subscription but all electronic systems are capable of failure and should the Subscriber be unable to access the Service, WorkBookPro will rectify any fault within 48 hours of receiving notification from the Subscriber by email of any such failure. WorkBookPro cannot accept responsibility for any such failure and in no circumstances shall WorkBookPro be responsible or liable for any consequential loss the Subscriber may suffer.
WorkBookPro gives no warranty in respect of the Service. Without limiting the foregoing, WorkBookPro does not warrant that the Service will meet the Subscriber’s requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded insofar as is permitted by law, including (but without limitation) warranties of merchantability, fitness for purpose, title, and non-infringement.
C. Consumer guarantees:
The Subscriber warrants and represents to WorkBookPro that the Subscriber is acquiring the right to access and use of the Service for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service, the Website, or these Terms.
8 - Limitation of Liability
A. To the fullest extent allowed by law, WorkBookPro disclaims all liability and responsibility to the Subscriber (or any other person or organization) under contract, tort (including negligence), or any other legal theory, for any loss (including loss of information, data, profits, and savings) or damage that may arise, directly or indirectly, from the use of, or reliance on, the Service or Website.
B. If the Subscriber incurs any loss or damage due to WorkBookPro's negligence or failure to adhere to these Terms, any claim against WorkBookPro related to such negligence or failure will be limited to the total of the Access Fees paid by the Subscriber in the previous 12 months, for any single incident or series of related incidents.
C. If the Subscriber is dissatisfied with the Service, the sole and exclusive remedy available to the Subscriber is to terminate this Agreement as specified in Clause 9.
9 - Termination
A. No-fault termination:
These Terms will remain effective for the duration covered by the Access
Fee as outlined in Clause 2. At the conclusion of each billing cycle,
these Terms will automatically renew for an additional period equal to
the previous one, provided that the Subscriber continues to remit the
required Access Fee on time. Either party may end this Agreement by
providing at least 30 days' notice prior to the conclusion of the
relevant payment period. Should the Subscriber opt to terminate this
Agreement, they must pay all Access Fees on a pro-rata basis for each
day of the current period up until and including the day the Agreement
is terminated.
B. Accrued Rights:
The termination of this Agreement will not affect any rights or
obligations that have accumulated up to and including the day of
termination. Upon termination, the Subscriber is responsible for any
outstanding charges and amounts that are due before or after
termination; and must immediately discontinue the use of the Services
and the Website.
If this Agreement is terminated by You, We will refund You any prepaid fees covering the remainder of the term of all Order Forms after the effective date of termination. If this Agreement is terminated by Us in accordance with Section 9, You will pay any unpaid fees covering the remainder of the term of all Order Forms.
10 - Help Desk
A. Technical Problems:
Should technical issues arise, the Subscriber is expected to exhaust all
reasonable efforts to investigate and diagnose the issues before
reaching out to WorkBookPro. If the Subscriber is unable to resolve the
issue and requires technical assistance, they should first consult the
support resources available online on WorkBookPro's Website. If further
help is needed, the Subscriber may contact WorkBookPro's support team
via email at
[email protected].
B. Service Availability:
WorkBookPro strives to ensure continuous availability of the Service and
the Website, but interruptions may occur due to maintenance, development
activities, or circumstances beyond WorkBookPro’s control. WorkBookPro
commits to minimizing any such disruptions but will not be liable for
any consequential losses or damages arising from these interruptions.
11 - General
A. Entire Agreement:
This Agreement, along with any notices or instructions provided to the
Subscriber under this Agreement, nullifies all previous agreements,
representations (whether oral or written), and understandings. It
constitutes the comprehensive agreement between the Subscriber and
WorkBookPro concerning the Service and all other matters addressed
within this Agreement.
B. Waiver:
A waiver of any breach of these Terms by either party does not imply a
waiver of any subsequent breach. A waiver will only be considered valid
if documented in writing.
C. Delays:
Neither party will be held liable for any delay or failure to perform
its obligations under these Terms if such delay or failure arises from
causes beyond reasonable control. This exclusion does not apply to
obligations related to monetary payments.
D. No Assignment:
The Subscriber is prohibited from assigning or transferring any rights
under this Agreement to another party without the prior written consent
of WorkBookPro.
E. Governing Law:
This Agreement is governed by and construed in accordance with the laws
currently in force in England, and the parties agree to submit to the
jurisdiction of the courts and tribunals of that country.
F. Severability:
Should any part or provision of this Agreement be deemed invalid,
unenforceable, or in conflict with the law, the remainder of this
Agreement will still apply and be binding on the parties.
G. Notices:
Notices under this Agreement must be written or emailed and are
considered given upon transmission. Notices to WorkBookPro should be
sent to
[email protected]
or to any other email address subsequently communicated to the
Subscriber by WorkBookPro. Notices to the Subscriber will be sent to the
email address provided by the Subscriber upon setting up access to the
Service.
H. Rights of Third Parties:
No individual who is not a party to this Agreement shall have any
rights, under or in connection with it, to enforce any of its terms.
Contact Us
If you have any questions about these Terms, please contact us at
WorkBookPro Ltd
Unit 2 Baddesley Industrial Estate
North Baddesley
Southampton
SO52 9NW
United Kingdom
Email:
[email protected]
Company Registration Number: TBC