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Online Employee Scheduling Program
Schedfox Employee Scheduling

AGREEMENT FOR SCHEDFOX SOFTWARE

This agreement is between SchedFox, Inc., a Texas corporation, and your company. This Agreement applies to your use of the SchedFox Online Employee Scheduling Program and internet service (the "Service"), regardless of which domain name was used to access the service. Our current domain names include "http://www.schedfox.com", and "http://www.schedsoft.com". By using the Service you are automatically agreeing to this Agreement, which can be changed by SchedFox at any time.

The SchedFox Online Employee Scheduling Program is a customizable employee scheduling software solution that enables schedulers to efficiently create schedules, track overtime, manage conflicts, and report on employee schedules via the Internet anytime, anywhere.

FREE TRIAL

SchedFox offers a free trial period, which is covered by this Agreement. Simply sign up, and use the service for ninety days, free of charge. If you discontinue the service within the 30 days, your access will be terminated. You will not be billed. At the end of 30 days, you will not be billed unless you continue using the program. If you discontinue the use of Schedfox you company will not be invoiced. Schedfox only invoices active companies. SchedFox is not responsible for contacting you to let you know your 30 day free trial is over, however we may send you emails to alert you of the expiration date. Companies are only eligible for one free trial.

CONTRACT TERMS

SchedFox only offers a monthly contract; no long term commitment is required. Any time you are not satisfied or you no longer need the Service, simply stop using Schedfox or terminate this Agreement as provided below.

After your free trials for the Service, you agree to pay SchedFox a minimum of $25.00 per week for up to 25 employees. Companies with more the 25 employees must call for a discounted quote.

SchedFox invoices based on the average number of employees listed in the Service for the week. There is no need to send SchedFox any notice of the increase or decrease in your employees. As your business needs change, SchedFox changes with you.

This website (excluding linked sites) is controlled by SchedFox from its offices in Richardson, Texas USA. By accessing this website and accepting this Agreement, you agree that all matters relating to your access to, or use of, this website and this Agreement is governed by the statutes and laws of the State of Texas USA, without regard to the conflicts of laws principles thereof. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of Dallas, Dallas County, Texas USA.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

CURRENT PRICES

By signing up for the Service and continuing usage for more than 30 days, you agree to pay SchedFox the current prices for the Service as follows:

1 Month Term: There is a minimum cost of $25.00 per week for the one month term, which covers a Maximum Number of Employees of 25. If you need more employees, the cost is an additional $.75 per employee per week.

Human Resource Files and Storage SchedFox's Human Resources File Management capability allows you to store any pertinent information about your employees. For example, on each specific employee, you can scan and upload post instructions, employment agreements, personnel paperwork, certifications, etc. This feature allows users to keep all of their personnel files in one place with ease of access when scheduling your employees. This solution is unbeatable and is extremely cost efficient. We provide you with 50MB of storage, included in the base price of the SchedFox software. Should you require additional space, the first 500MB is simply $25 a month. For every additional 500MB that you may decide later you need, the cost is only $15. This means that you can have 1GB of file management storage for only $40 a month. In the event that you require over 2GB of storage, please contact the SchedFox team to discuss pricing and enterprise licensing. Texting We also have a SMS text messaging feature that allows you to mass text message employees in an effort to fill an open shift. We have an unlimited texting option for only $30.00 per month. Automated Check in and Check Out The software can, additionally, utilize an Automated Check-in/out Telephony System. This telephony allows your officers to call on/off duty and check-in without having to physically speak with a live person. This feature runs at $50 for the initial 10,000 call minutes per month and $30 for each additional 15,000 minutes over that. Customization Schedfox knows that every company has special request. We can customize Schedfox for your company. Our hourly rate for customization is $95.00 per hour. Please call for a quote on any specialty item. All prices are subject to change without notice. SchedFox reserves the right to negotiate prices and terms upon written contract. Prices will not be pro-rated based on a smaller number of employees for any term. Regardless of any software error in the Price Calculator, or any accidentally misquoted price, these prices listed here in the Agreement shall stand as the official price of the service.

ACCOUNTS AND PASSWORDS

You will receive a company ID, a user ID, and a password to manage the schedule, with special manager rights. Your Employees will have access to our web interface and will be able to view their schedule. YOU ARE FULLY RESPONSIBLE FOR ANY AND ALL ACTIONS OF ANY MANAGERS AND/OR EMPLOYEES USING THEIR PASSWORDS AS WELL AS ANY ACTIVITY THAT OCCURS UNDER THOSE ACCOUNTS REGARDLESS OF WHO THE ACTUAL INDIVIDUAL IS WHO IS ACTING UNDER THOSE ACCOUNTS.

BILLING

SchedFox will send you an invoice for the amount of your Service fees for the first month after your trial period. Thereafter, Schedfox will invoice on the 1st of each month. You may choose to pay either by check or by credit card. All invoices are net 10.

Full payment must be received within the first 10 days of invoice date. If payment is not timely received, SchedFox may terminate your access to the Service without notification.

TRADEMARKS

The trademarks, logos, and service marks ("Marks") displayed on this website are the exclusive property of SchedFox or other third parties. You are not permitted to use the Marks without the prior written consent of SchedFox or such third party that may own the Mark. SchedFox and the SchedFox logo are trademarks of SchedFox, Inc.

All right, title to, ownership of and all patent, copyright, trade secret, trademark and all other proprietary rights in the website and the Service remain in SchedFox. You may not remove any product identification, copyright notices, or other legends. You have no right in SchedFox or its third party licensors trademarks in connection with the Service, the software, or with its promotion or publication, without SchedFox's prior written approval.

TECHNICAL SUPPORT

SchedFox provides limited support via email. SchedFox will attempt to respond to any request for support by email promptly, but makes no guarantee of any response time.

SchedFox does not offer telephone support at this time. However, SchedFox may, at its sole discretion, offer a limited amount of phone support, in order to answer a quick question or handle a quick problem.

SchedFox does not provide consulting services, but has a list of approved consultants that can assist you on a basis.

CANCELLATION

Your service will be renewed each month as long as you actively continue to use Schedfox. If your account is not active, then Schedfox will not bill you. You may also cancel by emailing admin@schedfox.com with your company ID stating that you would like to cancel the Service. You will be billed for the use during the billing period for the month of termination. When you cancel your Service, SchedFox will close your account and you will no longer have access to it.

If you do not pay for charges incurred by using the Service within 30 days of the due date, you will be responsible for all costs incurred by SchedFox to collect the money from you, including but not limited to attorney's fees, court costs, other legal costs, and postage.

EITHER PARTY MAY CANCEL THIS AGREEMENT AT ANY TIME FOR ANY REASON WITH NOTICE, EITHER IN WRITING OR ELECTRONIC. IF AT ANY TIME YOU ARE DISSATISFIED WITH THE SERVICE FOR ANY REASON, YOU CAN CANCEL.

ACCURACY OF INFORMATION PROVIDED TO SCHEDFOX

You agree to provide true, accurate, current and complete information about your business and maintain and promptly update the company information to keep it true, accurate, current and complete.

MEMBER CONDUCT

As a condition of your use of the Service, you warrant to SchedFox that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement and notices. Any resale of the Service is expressly prohibited. Any type of abuse, including but not limited to attempts to spy or get the passwords or private information of others, spamming, harassment, hacking, reverse engineering of any kind, excessive use with the intention of overworking or overloading the system in any way, or any other behavior which is considered an abuse by modern internet standards will be cause for and serve as reasonable grounds for immediate termination.

DISCLAIMERS/LIMITATION OF LIABILITY

The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. SchedFox may make improvements and/or changes in the Service at any time. SchedFox does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. SchedFox does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that SchedFox shall not be responsible for unauthorized access to or alteration of your data.

SCHEDFOX MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY, SUITABILITY, TIMELINESS, AVAILABILITY, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SCHEDFOX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL SCHEDFOX BE LIABLE FOR ANY INDIRECT, DIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SCHEDFOX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY PART OF THIS AGREEMENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL (SEE "TERMINATION") AND DISCONTINUE USING THE SERVICE.

GENERAL PROVISIONS

The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this agreement, which shall remain in full force and effect. If any of the covenants or provisions of this Agreement are determined to be unenforceable by reason of their extent, duration, scope, or otherwise, then the parties contemplate that the court making such determination shall reduce such extent, duration, scope or other provision and enforce such term(s) in their reduced form for all purposes contemplated by this Agreement.

This Agreement contain the entire agreement between SchedFox and your company with respect to usage of the Service, and supersedes, merges, and replaces all prior written or oral agreements, negotiations, offers, representations, and warranties with respect to the usage of the Service. No course of dealing between the parties, no usage of trade, and no parole or outside evidence of any nature shall be used to modify, interpret or supplement any provision of this Agreement.

You agree to indemnify and hold SchedFox, its affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Service.

SchedFox may change the terms of this Agreement at any time. SchedFox will try to keep you advised of changes through revision updates. When a revised version of the Agreement is posted on the website, you automatically agree to any and all of these changes.

UNSOLICTED IDEA SUBMISSION POLICY

SCHEDFOX OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW PRODUCTS, TECHNOLOGIES OR PROCESSES. PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SCHEDFOX. SCHEDFOX MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

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