Terms and Conditions

1. Definitions

"We" or "the service" refers to OurTimetable, offered by Qfile B.V., Chamber of Commerce (KvK) number 97758388, established at Europalaan 40, 3526 KS Utrecht, the Netherlands. "Customer" is the organisation using an environment. "User" is any person working in the service on behalf of the customer: an employee, planner, manager, HR or administrator. "Environment" is the separated setup of a single customer.

At the end we distinguish two different events, which should not be confused with one another. Cancelling a paid plan means that the renewal of that plan stops and the environment falls back to the free plan: the environment continues to exist, the data stays in place and everyone can keep logging in, planning, clocking and requesting leave. Closing the environment, also referred to as terminating the environment, means that the agreement ends as a whole and the environment itself ceases to exist, after which the data is deleted. The latter happens at the request of the customer, or because we terminate the agreement.

Cancellation is governed by Article 5 of these terms. Closing the environment is governed by Article 15 of the data processing agreement. The periods in those two articles belong to different events and therefore do not apply alongside one another.

2. The service

With OurTimetable you build rosters, record worked hours (including through a kiosk or time clock), manage leave, absence, availability and competencies, monitor rest periods and premium windows based on the collective labour agreement rules you configure, and produce an export for payroll processing. The service is provided as an online subscription and runs in the browser: no installation is needed.

We make reasonable efforts to provide the service with due care, but we do not guarantee that it is fit for any specific purpose. The roster and hour calculations are aids; ultimate responsibility for payment and for compliance with working time law remains with the customer (see Article 7).

3. Account and use

The customer is responsible for assigning the correct roles and permissions, for keeping login details confidential and for all use taking place within its own environment. Every user works under their own account. We recommend enabling two-factor authentication, and the administrator can make it mandatory for HR and administrator roles.

The customer does not use the service for unlawful purposes or in a way that harms the service or others. What is and is not permitted is set out in the user declaration. We may investigate misuse and suspend an account or an environment in the event of a serious breach.

4. Plans and limits

Every plan contains all features. What you pay depends on the size of your organisation: the number of active employees and the number of locations.

The amounts stated are per organisation per month and exclusive of VAT, not per employee. There is no annual subscription; all paid plans run monthly.

The limits are snapshots, not monthly counters: they concern how many employees are currently employed and how many locations currently exist. Employees with the status "left" do not count.

A limit that is full never affects existing data. Nobody is deleted, blocked or removed from the roster, and signing in, rostering, clocking and leave keep working for everyone. Only adding a new employee or a new location above the limit is refused, with an explanation: which plan applies, what the limit is, how many are in use and what you can do. A refusal is never silent.

5. Payment, renewal and cancellation

You always start with a free sign-up; no credit card is required. Paid plans are billed monthly in advance. Payment is processed through our payment provider Mollie B.V.; we never see or store card details ourselves.

A monthly subscription renews each time for one month at the then applicable rate and can be cancelled monthly. On cancellation, renewal stops; amounts already paid are not refunded, unless mandatory law provides otherwise.

If you cancel, or if payment fails, the environment falls back to the free plan. This does not happen abruptly: the old ceiling remains in force for another 14 days, so nothing locks up overnight and you can decide at your own pace. After that, Article 4 still applies: existing employees and locations keep working; only new additions above the limit are refused.

Cancellation therefore affects the plan, not the environment. The 14 day period above concerns the old ceiling only: nothing is deleted on cancellation and the environment continues to exist on the free plan, including after those 14 days. If you want the environment itself to be closed, that is a closure of the environment as described in Article 1. You report it to us, and the 60 day export window and the deletion set out in Article 15 of the data processing agreement then apply.

If you are a consumer, the statutory consumer cancellation rules apply. To the extent these terms would be less favourable to a consumer than mandatory consumer law, the law prevails.

6. Availability and maintenance

We aim for high availability, but the service may be temporarily unavailable due to maintenance or an incident. We make regular encrypted backups and periodically test restoring them. Where possible we announce planned maintenance that noticeably affects the service in advance.

We give no guarantee of uninterrupted or error-free availability. See further the liability page.

7. Responsibility of the customer

The customer remains responsible for the accuracy and lawfulness of the data entered, for assigning roles and permissions and for careful use of accounts. Rosters, hour calculations, collective labour agreement signals and payroll exports are aids: checking the final payment and compliance with the Dutch Working Hours Act and the applicable collective labour agreement remains with the customer.

As employer, the customer is the controller for the personal data of its employees and ensures that no more data is entered into the service than the law allows. This applies in particular to absence data: recording that someone is ill and when is permitted, recording complaints, diagnosis or treatment is not.

8. Privacy and data processing

We process personal data as described in our privacy statement. Where we process personal data on behalf of the customer, we do so as a processor under the data processing agreement pursuant to Article 28 GDPR. That agreement forms part of these terms and prevails for the processing of personal data.

We report a personal data breach to the customer without undue delay and in any event within 48 hours of becoming aware, with the details known at that time, so that the customer can meet its own notification obligation to the Dutch Data Protection Authority in time (within 72 hours, Article 33 GDPR).

9. Intellectual property

The software and its design remain the property of us or our licensors. The data of the customer remains the property of the customer; the customer grants us only the right to process it as far as necessary to provide the service.

10. Liability

The liability regime is set out on the liability page, which forms part of these terms and prevails for liability. In summary: the service is provided as is, our liability is, to the extent permitted by law, limited to direct damage and to the amount you paid for the service in the last 12 months, and we are not liable for indirect or consequential damage. This limitation does not apply in the event of intent or wilful recklessness. In the event of a difference between this summary and that page, that page prevails.

11. Changes

We may amend these terms and the service. We announce important changes in advance, for example through a notification in the app or by email. If you continue to use the service, the amended terms apply.

12. Governing law

These terms are governed by Dutch law. Disputes are submitted to the competent court in Midden-Nederland, unless mandatory law provides otherwise.

13. Order of precedence

Our services rest on several documents that together form a whole. In the event of a conflict, the following order applies per subject, with the first named document prevailing:

• For the processing of personal data, the data processing agreement prevails (Article 28 GDPR).
• For liability, the liability page prevails.
• Next, these terms and conditions apply.
• Then the remaining statements apply, including the user declaration, the privacy statement and the cookie policy.

This order is without prejudice to provisions of mandatory law, which prevail in all cases.

14. Contact

Questions about these terms? Contact Qfile B.V. at info@ourtimetable.com.