Limitation of Liability

The service is provided as is

We make reasonable efforts to provide OurTimetable with care and reliability, but the service is provided as is. We give no guarantee that the service is fit for a specific purpose or that a calculation gives the right answer for your organisation in every situation.

Rosters, hours and collective agreement signals are aids

OurTimetable calculates using the rules you configure yourself: contract hours, break rules, staffing norms, rest periods and premium windows from the collective labour agreement you selected. Those settings are yours, and the outcomes are therefore only as good as the input. The service is expressly not a payroll administration, not a working time registration in the legal sense and not employment law advice.

Ultimate responsibility for compliance with the Dutch Working Hours Act and the applicable collective labour agreement, and for the accuracy of payment, remains with you as employer. Check a roster before you publish it and a payroll export before you pass it on to payroll processing. We are not liable for damage arising from an incorrectly configured rule, an unchecked export or a decision based solely on a signal from the service.

Limitation of liability

To the extent permitted by law, the liability of Qfile B.V. is limited to direct damage. We are not liable for indirect or consequential damage, including lost profit, missed savings, loss of data arising in your own sphere of risk, reputational damage and damage from business interruption. Loss of data through a cause attributable to us is expressly not covered by this exclusion; the next paragraph explains how we do stand behind it.

Because securely storing and keeping available your rosters, hours and records is at the core of the service, we cannot simply exclude our liability further for the loss of that data through a cause attributable to us. Liability for loss or unavailability arising from your acts or omissions or otherwise from your sphere of risk, such as not making your own export, incorrect input or the loss of login or recovery details, is limited or excluded to the extent the law allows.

Liability cap

To the extent we are nevertheless liable, total liability per event and per year is limited to the amount you paid for the service in the last 12 months. A series of connected events counts as one event. For an environment on the free plan, for which no amount has been paid, statutory liability for intent and wilful recklessness continues to apply in full.

Exceptions

The limitations on this page do not apply in the event of intent or wilful recklessness by Qfile B.V., nor to the extent that mandatory law, for example consumer law or liability that cannot legally be excluded, prescribes wider liability.

Our role as processor

To the extent that Qfile B.V. processes personal data on your instructions when providing the service, it does so as a processor within the meaning of the GDPR. Pursuant to Article 82 GDPR, a processor is liable for damage caused by processing only where it has not complied with obligations of the GDPR specifically directed to processors, or where it has acted outside or contrary to your lawful instructions as controller. The arrangements for that processing are set out in our data processing agreement.

If, contrary to law, you place health data in the service that does not belong there, for example a diagnosis in the note on a shift or on a leave request, that is processing outside the purposes of this service and responsibility for it remains with you. On a sickness report this is no longer possible: the free-text note has been withdrawn there.

Availability

We aim for high availability, but give no guarantee of uninterrupted or error-free availability. The service may be temporarily unavailable due to maintenance, updates or an incident. Where possible we announce planned maintenance. We are not liable for damage caused by temporary unavailability.

For day-to-day planning this has a practical implication: for a critical moment such as a shift handover, keep a printed or exported roster to hand. During a brief network outage the kiosk temporarily stores clock entries in the browser and sends them afterwards, but that is a safety net and not a guarantee.

Your own responsibility

• Your own backup. Periodically export the rosters, hours and leave you wish to keep. We make encrypted backups for the operation of the service, but they do not replace your own export.
• Access management. Store login details and recovery codes securely, grant no more permissions than necessary, and remove access as soon as someone leaves.
• Correct settings. Make sure the collective agreement rules, contract hours, break rules and staffing norms match the arrangements that apply in your organisation.
• Check before finalising. Publish a roster and send a payroll export only after you have reviewed it.

Indemnity

You indemnify Qfile B.V. against claims by third parties, including your own employees, arising from your use of the service contrary to the terms or the law, to the extent permitted by law.

Changes

We may amend this page. The current version is always on this page, with the date of last amendment at the top, and supplements our terms and conditions.