PLEASE READ THE FOLLOWING TERMS OF SERVICE (the “TERMS”) CAREFULLY BEFORE SIGNING UP FOR THE MYPROJECTTRACKER SERVICE. THE USE OF THIS SERVICE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED WITH ACCOUNT CREATION.
MyProjectTracker is made available to you subject to the following terms and conditions. We may also offer other services under different terms and conditions. You may use the MyProjectTracker services only if you are above 13 years of age. By using the service you represent that you are 13 years or older. “You” is defined as the individual who has entered into an agreement through the provision of payment card information either acting as an individual or as an agent for a company or organization.
MyProjectTracker is a hosted solution to provide project management services including, though not exclusively, cost management, management reporting, milestone management, time-tracking and collaborative communication.
The service is managed in Ireland by BAER Business Solutions Ltd (“BAER”), (Registered as company number: 468126). You may connect to the Services using any Internet browser. You are responsible for obtaining access to the Internet and the equipments necessary to use the Services.
Sometimes, we may offer Services as beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. We have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. BAER alone will judge the success of such testing and the decision, if any, to offer any of the Beta Services as commercial service. If you participate in a Beta service, you will be under no obligation to acquire a subscription to use any paid Service as a consequence of that participation. We reserve the right to fully or partially discontinue any of the Beta Services with or without notice to you. You agree that BAER will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website http://myprojecttracker.com/terms. You will be provided the option to terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
In consideration of your use of the Services, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process “Registration Data”); and b) maintain and promptly update your Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if BAER has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, BAER may terminate your Account and refuse current or future use of any or all of the Services.
Personal information you provide to BAER through the Service is governed by the BAER privacy policy and applicable laws related to personal information. Your election to use the Service indicates your acceptance of the terms of the BAER privacy policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your Account and you agree to inform us immediately of any unauthorized use of your Account by email to support@myprojecttraker.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.
Subscriptions to paid Services are available on monthly subscription plans. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card or Debit Card last used by you. If you would like the payment for the renewal to be made through a different Card or if you do not wish to renew the subscription, you agree to cancel and/or update the payment details seven days prior to the execution of the payment date.
In the event of termination of the subscription, no proration will occur of the subscription. BAER reserves the right to change the subscription fee at any point without notice. Any existing subscriptions will not be affected by a pricing change i.e. the current price plan being paid for will continue to be charged at the previous rate. However, if you upgrade/downgrade your service at any point the new charges will apply. Information on the subscription options and charges for all paid Services is available at http://www.myprojecttracker.com/pricing.html.
On initial signup for one of the four price plans and where you do not cancel within the publicised 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged any monies.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. There are no exceptions to these conditions.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only the Republic of Ireland for VAT.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. BAER does not accept any liability for such loss.
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.
If your account is deemed to be using significantly larger bandwidth than the average customer, we reserve the right to reduce your bandwidth consumption.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamative, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant BAER the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your Account for BAER’s commercial, marketing or any similar purpose. But you grant BAER permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your account solely as required for the purpose of providing the Services to you.
For active projects i.e. projects that have not been marked within the application as closed or deleted, the data entered will be retained indefinitely. For projects that have been closed, the data will be retained for a period of two years from closure date after which the project will be fully deleted from the system. No recovery of project information will be possible after deletion.
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in the said manner. Further, by making any content available in the manner aforementioned, you expressly agree that BAER will have the right to block access to or remove such content made available by you, if BAER receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by BAER for this purpose.
BAER Business Solutions Ltd, MyProjectTracker and the MyProjectTracker logo are trademarks of BAER. You agree not to display or use, in any manner, the BAER trademarks, without BAER’s prior permission.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. BAER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BAER MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM BAER, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU AGREE THAT BAER SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BAER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BAER RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL BAER’s ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless BAER, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including legal fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services.
You agree that we may terminate your Member Account and access to the Services for reasons including, but not be limited to, breaches or violations of the Terms or the BAER Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your MyProjectTracker account includes termination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Member Account as permitted or required by law. Termination of the account can only be performed through the provided on-line function which is a “no questions asked” termination link. Notification to cancel or terminate services via email or phone is not considered as cancellation notice.
If you have any questions or concerns regarding this agreement, please contact us at info@myprojecttraker.com