Lathem Time Terms and Conditions
These Lathem Time Services Terms (these “Lathem Time Terms”), together with the Terms of Service Agreement available at https://asuresoftware.com/about/terms (the “Universal Terms” and, together with these Lathem Time Terms, the “Lathem Time Agreement”), set forth the terms and conditions under which Asure Customer & IP HoldCo LLC (including any applicable affiliate, “Provider”) agrees to provide to User certain Lathem Time services and other related services as set forth on the applicable Sales Order (the “Lathem Time Services”).
These Lathem Time Terms are “Service Terms” under the Universal Terms. Capitalized terms used but not otherwise defined in these Lathem Time Terms shall have the meanings ascribed to such terms in the Universal Terms. The Lathem Time Agreement is a legally binding agreement between User and Provider. User is encouraged to read the Lathem Time Agreement carefully and to save a copy of it for User’s records. If User is agreeing to these Lathem Time Terms on behalf of a business or an individual other than User, User represents and warrants that User has authority to bind that business or other individual to the Lathem Time Agreement, and User’s agreement to these terms will also be treated as the agreement of such business or individual. In that event, “User” (as defined in the Universal Terms) also refers to that business or individual. By (i) executing the applicable Sales Order for Lathem Time Services, or (ii) accessing or using the Lathem Time Services, User accepts the Lathem Time Agreement, and User agrees, effective as of the date of such action, to be bound by the Lathem Time Agreement.
1. Lathem Time Terms Governed by Universal Terms.
The terms and conditions of the Universal Terms agreed to in connection with the execution of the Sales Order, including but not limited to all representations, warranties, covenants, disclaimers, limitations on liability, agreements, and indemnities relating to the Services, are incorporated herein by reference, and User acknowledges and agrees that the representations, warranties, covenants, disclaimers, limitations on liability, agreements, and indemnities contained in the Universal Terms shall remain in full force and effect to the full extent provided therein.
If the terms and conditions of these Lathem Time Terms conflict with the terms and conditions of the Universal Terms, the terms and conditions of these Lathem Time Terms shall control with respect to the provision of the Lathem Time Services.
THE UNIVERSAL TERMS, AVAILABLE AT WWW.ASURESOFTWARE.COM/ABOUT/TERMS, CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS OF PROVIDER’S LIABILITY, PROVIDER’S WARRANTY DISCLAIMERS, USER’S INDEMNIFICATION OBLIGATIONS, USER’S DUTY TO MITIGATE DAMAGES, THE LAW GOVERNING THE LATHEM TIME AGREEMENT, AND DISPUTE RESOLUTION PROCEDURES THEREUNDER.
- Lathem Time Services.
Provided that User meets User’s payment obligations and complies with the terms of the Lathem Time Agreement, then as long as User is subscribed to the Lathem Time Services pursuant to an applicable Sales Order, Provider will provide User with the Lathem Time Services for the purposes of allowing employers to [(i) use time and attendance software to track employee attendance; and (ii) receive support services (the “Lathem Time Product Services”) for any timekeeping devices, including traditional manual punch clocks, proximity badge time clocks, and timeclocks that make use of facial-recognition and/or fingerprint scanning technology, sold by Provider and available at: https://www.asuresoftware.com/time-tracking/ (the “Product”). In performing the Lathem Time Services, including for each of the foregoing purposes, Provider will rely on the information furnished by User, the Authorized Users or any authorized representatives, and Provider is not responsible or liable for any errors resulting from such reliance, as further described in Section 12 (Warranties and Limitations of Liability) of the Universal Terms
3. Use with User’s Mobile Device.
Use of Lathem Time Services may be available through a compatible mobile device, may require internet access and/or additional software. User agrees that User is solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of User’s agreement with User’s mobile device and telecommunications provider.
PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM USER’S MOBILE PROVIDER AND ACCESS TO THE LATHEM TIME SERVICES AT ANY TIME OR FROM ANY LOCATION;
(i) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
(ii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE LATHEM TIME SERVICES.
4. Lathem Time Product Support Services.
In order to receive service or support under a Sales Order for the Product, User agrees to use the Agreement as its sole source for service or modification of the Product; and to store and use the Product in facilities that meet all applicable health, environmental and safety standards.
(A) Provider shall maintain the Product in good working order as follows:
(i) Provider will provide a toll free number for User to call in order to arrange for servicing or support of the
(ii) If a Product is damaged or not functioning, a comparable exchange unit will be shipped to User on the following business day, via 2nd day air. For an optional fee, overnight priority delivery can be arranged.
(iii) The applicable Sales Order will extend the standard warranty that was issued with the product for the duration of the Sales Order. While under warranty or this Lathem Time Agreement, the Product will be covered for parts and labor to repair defects in materials or If a problem with the Product is found to be covered under this extended warranty, User will simply keep the exchange clock that was provided.
(iv) The sole responsibility of Provider under this Lathem Time Agreement, with regards to the Product, shall be limited to repair of the Product, or replacement thereof, at the sole discretion of Provider.
(v) If it becomes necessary to send the Product or any defective part to Provider, the Product must be shipped postage prepaid in its original carton or equivalent.
(vi) For service not covered under the Sales Order or this Lathem Time Agreement, Provider will provide a repair estimate before performing necessary User agrees to return the replacement unit within 5 days of receipt of their repaired unit, or within 5 days of refusal of service. Provider to provide return shipping.
(vii) During the Term of a Sales Order, User will receive at no charge the latest comparable versions of software, at User’s request, for such Product under such Sales Order. Maintenance releases or patches are also available if required. (Optional modules are billable items that are not included with basic upgrades under the applicable Sales Order.)
(B) Any Lathem Time Product Services for the Product performed by Provider shall take place pursuant to the following:
(i) At its option, Provider reserves the right to replace Product with a comparable This program shall cover substitute equipment for the remainder of the Term of the applicable Sales Order.
(ii) Any parts, components, circuit boards, modules or Product that Provider deems necessary to replace shall become Provider’s property. Provider may use new, used or reconditioned parts, components, circuit boards, modules or equipment as replacements. Replacement items shall be of like kind and quality as those replaced.
(iii) Notwithstanding the foregoing, User acknowledges that a comparable substitute for a Product may not be available due age or obsolescence of the In such cases, Provider has no responsibility or obligation to repair or replace such Product with a comparable substitute.
(iv) In the event Provider is unable to repair or replace the Product with a comparable substitute, User shall have the option to purchase a new Product from Provider at a discounted purchase price. This program shall cover the new equipment for the remainder of the Term of the applicable Sales Order.
5. Exclusions from Lathem Time Product Support Services.
Service provided under this Lathem Time Agreement is contingent upon the proper use of the Product in an appropriate operating environment. This Lathem Time Agreement (including any Sales Order) does not cover:
(i) Damage to any Product which has been subject to abuse, neglect or accident, or which has had the serial number altered or removed, or which has been connected, installed, adjusted or repaired other than in accordance with instructions furnished by Provider.
(ii) Any expendable parts that are readily replaced due to normal
(iii) Problems caused by, arising from, related to or made necessary by a) use of Product in a manner not recommended by Provider, b) electrical work, devices, cables, etc. external to the Product, c) alterations, attachments or other devices not covered by this agreement, d) excessive electrostatic discharge, improper grounding, improper power line protection, e) fire, flood, heat, water or other similar causes.
LT-V11.9-TOS