The online service is provided to you by U-WFM part of U-Source Limited, Electric Works,3 Concourse Way, Sheffield Digital Campus, Sheffield, S1 2BJ, ENGLAND (Referred to as U-WFM for the purposes of this agreement).
The subscription term begins when you sign up for the service and continues until it is terminated by either one of us. You can sign up via the U-WFM website, by sending us an email or by calling us. Either of us can terminate the subscription at any time by email. You will be invoiced at the end of every month and there will be no refund whatsoever for previous months.
The subscription term begins when you sign up for the service and continues until it is terminated by either one of us at the end of the agreed fixed term. You will be invoiced up front for the subscription and agree to automatic renewal at the end of the agreed term. Any additional users above the agreed subscription level will be invoiced at the end of each month.
U-WFM delivers a complete suite of Workforce Management cloud solutions. Accurate forecasting and powerful, optimised, multi skilled schedules come as standard to support contact centres to deliver optimal customer experience whilst best supporting their frontline employees.
U-WFM shall create an instance for the company and an account for each user and shall provide to the user login details for that user
Each user of the service must be an individual for whom a separate login is created. Each login may only be used by one person. Sharing a single login between several people is not permitted, but you can create as many user logins as you like. It is your responsibility to use good password practice.
We invoice you at the end of each calendar month based on the peak number of active users during that month. Every day, the service counts the total number of users in your account including all users that can be scheduled (such as agents) plus all users who are not scheduled but have login credentials (such as planners). Once the month is over, we send you an invoice based on the highest daily user count of the month.
We invoice at the beginning of the fixed term (or annually if agreed) for an agreed base number of active users. We additionally invoice at the end of each month for the peak number of active users during that month minus the agreed base number of agents. Every day, the service counts the total number of users in your account including all users that can be scheduled (such as agents) plus all users who are not scheduled but have login credentials (such as planners). Once the month is over, the invoice is based on the highest daily user count of the month.
Invoices are sent to your finance contact via email. All pricing excludes VAT and you are responsible for paying this and any other applicable taxes. Payment is due 30 days after invoicing. If you are late with payments, we reserve the right to temporarily or permanently shut down your access to the service.
There are no refunds for past periods, but you can cancel your subscription any time after your agreed term, Monthly or Fixed Term Subscription.
We may send you in-app or email messages from time to time about the service, such as scheduled maintenance or tips for getting the best out of the service.
We work very hard to keep the U-WFM Service live at all times and we aim to deliver Availability of at least 99.5%. This excludes interruptions of less than 15 minutes and things outside our control such as natural disasters and strikes. Scheduled maintenance is also excluded - but don’t worry, we’ll let you know about this in advance.
We use an industry-standard formula to calculate Availability. It always refers to a full calendar year.
This will include:
j1 We accept unlimited liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation.
j2 We accept no liability for any loss or damage which you may incur arising from any of the following circumstances:
j3 We also do not accept liability for loss of profits, loss of business and loss or corruption of data or for any special, indirect or consequential loss which you may incur.
j4 If you suffer loss or damage for which we are legally liable then (except as stated in j1) our liability is limited as follows:
j5 Each of us agree that we are the only person entitled to enforce the contract between us or to claim damages, or other relief, from the other party. Without limiting the foregoing, we each agree that we will not grant any person the right to claim from the other party damages or other losses suffered by such person even where such person is a beneficiary of any of the U-WFM Services, including any of your associated companies or outsourcers.
k1 Incidents of force majeure (such as circumstances and events which could not be prevented by exercising the diligence of prudent business management) suspend the contractual obligations of the parties for the duration of the disruption and to the extent of their effect. Should the delays resulting from this exceed a period of one week, both parties shall have the right to terminate the subscription with respect to the services affected. There shall be no further claims.
k2 Any consequences of a labour dispute with U-WFM or a third party for which U-WFM is not to blame shall also be considered to be force majeure where this affects the performance of services of U-WFM.
l1 Both parties undertake to treat any information regarding secret knowhow or internal operating secrets of the other party acquired in the course of their cooperation as strictly confidential. This affects in particular, any information not accessible to the public about the online services of U-WFM, as well as your data processed as part of the online services.
l2 U-WFM is entitled to mention this subscription for public relations purposes.
If as part of the U-WFM Service we need to process any personal data on your behalf then we will both make sure that we comply with our respective obligations under data protection legislation.
You are responsible for obtaining and maintaining network connections and telecommunication links from your systems in order to be able to receive the U-WFM Service.
o1 The contract between us shall be governed by and construed in accordance with the laws of England and Wales.
o2 The exclusive legal venue in relation to any disputes or claims arising under the contract between us is the courts of England and Wales.
p3 You cannot transfer the U-WFM subscription or the benefit of the contract between us relating to the service to any third party.