Fair Use Policy

1. BACKGROUND 

This Policy applies to Clients of the ClockShark Service. 

2. TRAINING 

2.1 How and what we train

• ClockShark Training will be provided
• On a Train the Trainer basis
• Online platform via screen sharing software (No on-site or in-person training)
• In discreet 30 min or 1-hour sessions
• Training is restricted to ClockShark functions (ClockShark does not build a Client’s workflow)
• Training is provided to the Client’s designated representative
• It is strongly recommended that this person is employed within the business with a good knowledge of the processes and workflows
• If the Client appoints an external representative or consultant, any repeated training sessions for internal staff will be a chargeable service

2.2 Assisted Setup

• Assisted Setup includes assistance with the following:
• ClockShark will assist the Client to import their Data into the system
  If Data is imported directly by ClockShark, only the first import of that type is free, additional imports of the same type are a chargeable service

2.3 Accounting Integration

• ClockShark will assist the Client to setup the Accounting Integration link, but will not provide financial or accounting advice
• Client’s ClockShark system must be setup and ready for Integration including relevant information: eg Clients and Suppliers, Task types etc
• Clients will need to provide Tax Codes, Account Codes and how they relate to the relevant features in ClockShark
• Client must have appropriate Administrative login details to their Accounting Package
• Limited to accounting software platform integrations that are supported by ClockShark
• Guided Implementation includes setup of the Client’s first Integration Entity
• Setup and configuration of additional Accounting Integration Entities is a chargeable service

2.4 General

• Additional Training or Consulting sessions outside the Guided Implementation are a chargeable service
• Clients can purchase additional Training or Consulting services
• For additional Training outside the Guided Implementation the Client must provide relevant workflow, internal processes and/or document examples in advance of the training session
• Clients must provide at least 1 days’ notice to cancel or re-book Training, Consulting, or Integration sessions
• Billed at 50% of the Training and Consulting fees if cancellation or re-booking occurs with less than 1 business days' notice
• Clients must join the session within 15 minutes of the scheduled start time, otherwise the session will be closed 
• Billed at 100% of the Training and Consulting fees
• Staff schedule and availability will determine session bookings available for Training, Consulting or Integration sessions, typically:
• Sessions booked within specified time slots
• 1 session per day
• No more than 3 sessions can be booked in advance
• No more than 3 sessions per week

3. SUPPORT

3.1 Support Requests

• Support Requests are limited to assistance in relation to:
• using ClockShark; and
• technical issues with ClockShark.
• ClockShark is not obliged to provide assistance in relation to:
• information technology queries that do not relate directly to ClockShark;
• developing business processes and procedures;
• training for new users; and
• an issue arising from the Client seeking to use ClockShark on non-supported browsers
• When reporting an issue, the Client will, to the best of their ability, provide ClockShark with information setting out in sufficient detail the issue they are experiencing or the support required, their operating system and browser used and where possible, specific examples of the ClockShark services required.
• Upon receiving a Support Request, ClockShark will:
• log the issue and allocate an issue number to it;
• set a priority for the issue and treat the problem within the expected resolution time; and
• notify the client when the issue has been resolved.
• The Client will assist ClockShark:
• to replicate the circumstances in which the issue arose and seek to replicate the occurrence of the issue;
• by providing all necessary information relevant to the fault.
• In order for ClockShark to provide the requested Support Services, the Client will provide ClockShark with:
• reasonable access to the Client’s ClockShark Service by enabling External Access
• remote access to the Client’s computer system 
• ClockShark will use reasonable efforts to provide the support in a timely manner, to correct any faults or to provide workarounds.
• ClockShark may utilize such employees and contractors as it deems appropriate in its absolute discretion in providing the support services.
• The Client may request that ClockShark cease providing support services for a Support Request at any time.

4. CONCURRENT USERS: 

• Fees are payable to ClockShark per number of users. 
• A user may only be assigned to an individual and cannot be assigned to a role or location. 
• As per the ClockShark Terms of Service, a user should not: 
• use another person’s (including another user’s) login;
• share access details with another person; or
• allow any device to remain logged in to the ClockShark Service for the purpose of being used by a person who has not been allocated that login or password.
• If multiple people are detected using a shared login, in addition to this constituting a breach of the Terms of Service and this Policy, the user may be logged out automatically. Or, if a user has concurrent sessions running, across multiple IP addresses, devices or browsers, the user may be logged out on one, or all sessions.

5. STORAGE LIMITS: 

• Excessive use of cloud storage or use for personal data may result in additional fees. ClockShark also reserves the right to suspend the relevant account.  

6. CLIENT BEHAVIOR STANDARDS AND EXPECTATIONS 

• Client's interactions with ClockShark employees must be conducted with courtesy, respect and integrity. 
• No form of harassment, bullying, discrimination, victimization, threatening or abusive language or conduct will be tolerated towards ClockShark employees. 
• ClockShark employees will endeavor to resolve complaints and if necessary, Client will be referred to the appropriate manager. 
• ClockShark reserves the right to suspend or terminate ClockShark training or support if behavior standards and expectations have not been met. 

7. DEFINITIONS

7.1 Client means an individual or entity that has entered into an agreement with ClockShark for the use of the ClockShark Service, as well as that individual or entity's users of the ClockShark Service.

7.2 ClockShark means ClockShark, LLC its successors and assignees.

7.3 ClockShark Service means the “ClockShark” SaaS and the documentation provided or made available by ClockShark.

7.4 ClockShark Support Line means the support telephone number provided by ClockShark for submitting Support Requests.

7.5 ClockShark Website means the website at https://www.clockshark.com and any other website or method of access to the ClockShark Service as we may determine from time to time.

7.6 Policy means this ClockShark Fair Use Policy.

7.7 Support Request means a request for support services from a Client to address an issue with the ClockShark Service.

8. AMENDMENT

ClockShark may make any changes to this Policy at ClockShark's discretion by written notice. 

Updated 17th July 2023