Terms of Services

For EWBills Cloud Services from Nice Touch Solutions, Inc.

As of August 4, 2014

 

1. Intent of Service

Nice Touch Solutions, Inc. strives to provide the most optimal secured online solution for extra work billing available to the heavy highway construction industry. The creators of the product seek to make it easily accessible and understandable for users of various backgrounds and skills. Nice Touch Solutions, Inc. also strives to provide responsive and helpful technical support for this product. Product users will be provided with a continually growing knowledgebase of applicable content and training webinars.

 

2. Definitions

  • NICETOUCH: Nice Touch Solutions, Inc. is the company that develops and provides the subject service.
  • SERVICE: EWBills Cloud Service is NICETOUCH extra work billing and payment tracking system provided to paid subscribers launched from their computers and run on remote servers, where both the programs and data are maintained and reside. These systems and servers are monitored by NICETOUCH and their representatives.
  • USER: The individual using this system to process, manage, and/or administer their company’s extra work billing needs.
  • ENTITY: The company or legal entity subscribing to this SERVICE. Each entity has a separate subscription. Multiple entities may be part of one controlling organization.
  • TOS: Terms of Service is this published agreement.
  • CONCURRENT USER: This is a USER accessing the SERVICE simultaneously with other USERS from the same ENTITY.
  • NAMED USER: This is a USER listed on the ENTITY user list as an individual granted the authority to use the SERVICE on behalf of the ENTITY by ENTITY administrator.
  • CALTRANS: The State of California Department of Transportation organization that contracts with companies to provide construction services and provides date sensitive Equipment Rental and Labor Surcharge Rates for billing extra work performed for contract change orders requested beyond the original contract either on a time and material basis or on a negotiated basis with an agreed lump sum or unit price.

 

3. Acceptance of Terms

By using this SERVICE provided by NICETOUCH, you the NAMED USER and ENTITY you represent, agree to be bound by the following TOS. The TOS may be updated by NICETOUCH from time to time without notice. The most current version of the TOS can be reviewed at any time from the dated link on the EWBills login window or at http://ewbills.com/TOS/.

You are entering into this agreement on behalf of the ENTITY for which you as a NAMED USER have a relationship and therefore you represent that you have the authority to bind yourself and the ENTITY to these terms and conditions. If you do not have such authority or if you do not agree with these terms and conditions, you may NOT, under any circumstance, use this SERVICE.

If you are accessing the SERVICE for purposes of monitoring its performance, availability, or functionality, or for any other benchmarking or competitive purposes, you may NOT access the SERVICE without prior written consent of NICETOUCH.

If you are or represent a direct or a possible competitor of NICETOUCH, you may NOT access the SERVICE without prior written consent of NICETOUCH.

 

4. Subscription

This is a fee-based annual subscription service for an ENTITY with a subscribed limit for the number of a CONCURRENT USERS and NAMED USERS. Access to the SERVICE by each ENTITY is limited to the number of CONCURRENT USERS paid for at any one time.

In the case of a SINGLE USER subscription, there is only ONE CONCURRENT and ONE NAMED USER. Otherwise, the number of NAMED USERS allowed on the ENTITY USER list is limited to the subscribed number of CONCURRENT USERS times two (2). For example, a subscription of 2 CONCURRENT USERS allows for 4 NAMED USERS on the user list or a subscription of 3 CONCURRENT USERS allows for 6 NAMED USERS on the user list and so forth.

Each ENTITY Subscription is comprised of fees. As listed below, the first two fees are initial one-time fees. The second two fees are annual fees.

  • ENTITY Initial Fee
  • CONCURRENT USER(S) Initial Fee
  • ENTITY Annual Fee
  • CONCURRENT USER(S) Annual Fee

NICETOUCH will provide an invoice to the ENTITY electronically for such fees for the upcoming year in advance of the year. It is preferred that payments are made by check and are due upon receipt. Credit cards may be accepted if that option is available at the time.

 

5. Entity User List

All NAMED USERS listed in the ENTITY USER list shall be identified as true employees or hired representatives with a company email address. These individuals shall not share a common USER account. The ENTITY USER list shall be maintained and kept current by the ENTITY administrator providing the proper USER program and job access permissions for each USER. The list shall be kept within the subscription number of CONCURRENT USERS by the ENTITY administrator as pre-paid for the year. If necessary, the ENTITY administrator may increase the number of NAMED USERS by contacting NICETOUCH and paying for additional CONCURRENT/NAMED USERS. Additionally, NICETOUCH may assist in properly maintaining the ENTITY USER list and shall assist in enforcing the guidelines of the user list.

 

6. Availability of Service / Service Level Agreement

Subject to the terms and conditions of this Agreement, NICETOUCH will provide the SERVICES for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement with daily backups and system updates scheduled on non-business hours, specifically during the late evening/early mornings and weekends.

From time to time, the services may be inaccessible or inoperable for any reason, including, without limitation: Equipment malfunctions; Periodic maintenance procedures or repairs that NICETOUCH may undertake from time to time particularly at non-business hours during the late evening or weekends; or causes beyond the control of NICETOUCH that are not reasonably foreseeable by NICETOUCH, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures. NICETOUCH has no control of availability of the SERVICE on a continuous or uninterrupted basis. As a normal course of its business, it may be necessary for NICETOUCH to migrate its servers and hence may require a change to the program launcher which enables USERS to access the SYSTEM.

 

7. Software Updates

Periodically NICETOUCH updates the software with bug fixes, enhancements, and additional features to improve USER’s experience, data processing and system stability and security. NICETOUCH uses the Monthly Webinars to point out and discuss such key updates based on USER interest and inquiries. Many updates are minimal and not apparent to regular USERS.

 

8. Caltrans Equipment and Labor Surcharge Rates

On a daily basis if the system detects updates by CALTRANS, NICETOUCH will make every reasonable effort to provide and maintain current CALTRANS Equipment and Labor Surcharge rates that can be accessed from the ENTITY Rate File Registry.

Billing labor rates as well as Non-Caltrans custom equipment and labor surcharge rates are the responsibility of the ENTITY to create and maintain.

 

9. System Backup

System backups of servers, programs, and database files are scheduled every day starting at midnight Pacific Time requiring up to five hours or up to 5 A.M. Pacific time. The current backup strategy includes backing up ENTITY databases three different ways daily to a local and a remote location encrypted by password. In case of lost data issues, NICETOUCH can access these backups in attempt to resolve such issues. No guarantee is provided that all lost data may be recovered, however every reasonable attempt will be made to recover lost data.

 

10. Data Location

NICETOUCH contracts with secure third party data centers to store your data on dedicated servers. NICETOUCH reserves the right to change hosting companies to maintain and achieve desired efficiency and performance at a cost effective price. In an emergency, NICETOUCH may switch the hosting of the SERVICE data on servers at NICETOUCH office location or a secondary data center on a temporary basis. NICETOUCH will provide twenty-four hour notice by email to your ENTITY administrator, if it is deemed necessary to change servers.

 

11. Data Ownership

ENTITY data (i.e. Company Resources and Billing Transactions) is owned by that ENTITY. Shared data (i.e. Caltrans Equipment Rental and Labor Surcharge Rates) and administrative data (i.e. USER List of all ENTITIES) is owned by NICETOUCH.

If an ENTITY decides to terminate SERVICE, the ENTITY administrator may request assistance in acquiring ENTITY data before leaving. Once confirmed that the ENTITY has the available ENTITY information – ENTITY data files and records may be archived and/or removed from service on the active servers. If an ENTITY decides to return to use the SERVICE, it may be possible to restore ENTITY data from the state it was archived and if it has not been eliminated. Retention of data for ENTITIES that leave the SERVICE is not guaranteed. If archived data is available, there may be a fee to update the time dependent data to the required current state. Updating Company Resource data shall be the responsibility of the ENTITY.

 

12. Security Policies

It is NICETOUCH’s intent to continue to enhance system security with advice from our service and product providers. NICETOUCH respects the confidential and important nature of the ENTITY’s data. NICETOUCH does not publish what strategies the SERVICE utilizes and will make adjustments periodically to protect against any known and anticipated attacks or “holes” discovered that may affect the SERVICE.

NICETOUCH maintains separate database folders for each ENTITY so that only ENTITY USERS have normal access to the ENTITY’s Company Resources and Billing Transactions.

ENTITY USERS and Administrators are expected to be mindful of protecting their login credentials to the SERVICE and to use “strong” passwords to protect access to their data. Changing passwords on a regular basis is highly encouraged. Immediate removal of SERVICE access by past ENTITY USERS no longer employed by the ENTITY is definitely expected. Loss of data or compromise of security of the ENTITY’S data due to ENTITY USER’s misuse of passwords is the responsibility of the ENTITY.

 

13. Ownership

The software used in this SERVICE is, and shall be at all times be and remain, the sole and exclusive property of NICETOUCH; and the ENTITY shall have no right, title or interest therein or thereto except as expressly set forth in this agreement.

NICETOUCH EWBills product line is protected by applicable copyright laws and international treaty provisions. ENTITY’S NAMED USERS and other employees shall treat NICETOUCH EWBills products like any other copyrighted material, and may not copy, use, subleased, or distribute EWBills products except as specifically authorized by NICETOUCH. ENTITY’S NAMED USERS and other ENTRY representatives shall acknowledge that all EWBills products are Not for Retail Distribution (NFD) software and may not be resold, transferred, assigned to any third party. Products may not be used for any purpose other than internal business use. Product Licenses will expire at the end of the term of this Agreement, unless renewed as specified in this Agreement.

 

14. Termination

This Agreement may be terminated any time by NICETOUCH or ENTITY Administrator by giving the other party at least 30 days written notice before this subscription expires. Such notice must be delivered in email or written form to their last known place of business of their desire to terminate the Agreement. Without the agreed payment, SUBSCRIBER will lose all access to the SERVICE and database records unless there is agreement that records shall be provide by NICETOUCH to the ENTITY SUBSCRIBER.

 

15. Indemnity

The subscribing ENTITY shall indemnify NICETOUCH against, and hold NICETOUCH harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including reasonable attorney’s fees and costs, arising out of, connected with, or resulting from subscribing ENTITY’s use of the software/service, including without limitation the manufacture, selection, delivery, possession, use, or operation of the software.

 

16. Program Features and Custom Programming

This SERVICE is provided AS IS. ENTITIES are encouraged and welcomed to request program or system changes or enhancements that is needed for their workflow. If deemed to be a special project and the ENTITY still requests such functionality be provided because of the ENTITY’s business requirements, with a clearly defined scope, NICETOUCH may provide either a firm fixed quote or a not to exceed quote currently billing at a minimum hourly rate of $150. If NICETOUCH and the requesting ENTITY agree to proceed, NICETOUCH will estimate a timeframe based on availability at that time.

 

17. Help Resources/Help Desk

NICETOUCH will continue to build help resources posted at the EWBills Help Desk with a knowledge base and a series of Webinar Tutorials and Monthly Webinars to train and cover topics in the use of EWBills and the SERVICE. Recordings of the live sessions are posted on the Help Desk to be viewed in streaming video format.

 

18. Technical Support/Product Training

NICETOUCH seeks to provide responsive technical support to help USERS work through any issues encountered using the SERVICE. NICETOUCH also wants to assist USERS in strategizing the use of the SERVICE for normal and abnormal scenarios to support maximum leverage of the features of the SERVICE for ENTITIES.

NICEOUCH Technical Support is meant to provide assistance with this SERVICE and EWBills only. Sometimes it is not clear whether or not an issue is caused by this SERVICE or is a result of a problem originating from CALTRANS or an internal IT change or issue. In these cases, NICETOUCH representatives will do their best to help assess the situation, if it is not obvious, and either help or redirect the USER to a possible course of action, but resolution should not be expected if it is not due to an issue in the SERVICE.

Technical Support is not meant to provide training. NICETOUCH highly encourages USERS to be trained on using the SERVICE via the Webinar Recordings, Knowledgebase postings, and if necessary, engaging NICETOUCH in private online training sessions for an agreed upon training fee.

At this time, NICETOUCH has provided initial training to new ENTITY USERS upon initial startup as a courtesy, subject to change. Any training after that initial training for new or replacement ENTITY USERS will be provided for an additional charge.

 

19. Complete TOS

This TOS represents the complete and full terms of service for the ENTITY and USERS. No other written or verbal promises beyond what is in this TOS may be construed as a part of this TOS.