Time by NISS: Terms of Service (DRAFT)

Status: working draft `draft-2026-10`. Not legal advice. Not for publication.

Written by the engineering team from TBN-PROD-001 so the product can record acceptance during development. A solicitor must review this before launch (spec §13, §18.2; GA hard gate "legal docs approved"). Items in [brackets] need facts or decisions from NISS. The Privacy Notice and Data Processing Agreement (DPA) are separate documents and still to be written.

1. Who we are

Time by NISS ("the Service") is provided by New Idea Software Service Limited, a company registered in England and Wales under number [company number], whose registered office is at [registered address] ("NISS", "we", "us"). Contact: [support email].

2. Who these terms are for

These terms form a contract between NISS and the business that creates a venue on the Service ("you", "the Customer"). By ticking the acceptance box when creating a venue, you confirm that you are authorised to accept these terms for that business. The Service is for business use. [Solicitor: confirm treatment of sole traders and any consumer-law obligations.]

Employees and other people you invite ("Members") use the Service under your account. You are responsible for their use of it.

3. The Service

The Service helps hospitality venues plan staffing, build and publish rotas, manage leave and availability, arrange cover, and estimate basic labour costs. It is a web app that can be installed on a phone or computer.

The Service is a planning tool, not employment, payroll or legal advice. In particular:

• It does not calculate statutory holiday entitlement, minimum wage, Working Time Regulations limits or young-worker rules. Any limits or allowances in the Service are ones you enter.
• Labour cost figures are estimates based on the pay rates you enter. They are not payroll.
• You remain responsible for complying with employment, working-time, right-to-work, health and safety and data-protection law for your staff.

4. Accounts and security

Sign-in is provided by our authentication provider ([Clerk, Inc.]). You must keep your credentials secure and tell us promptly at [security email] if you suspect unauthorised access. Owners and managers must use multi-factor authentication when the Service requires it. Each venue must always have at least one active owner.

5. Free trial

Each new venue starts a free 7-day trial, with no payment card required. We will remind the owner before the trial ends. If you do not subscribe, the venue becomes read-only when the trial ends (see section 8). One trial is available per venue. We may review and refuse repeat trials created to avoid paying. Genuine multi-venue operators are not affected.

6. Subscription and payment

• The price is £7.50 per venue per month or £75 per venue per year, including VAT [confirm VAT status and invoice wording with accountant; spec §9.1].
• Each venue is billed separately. There are no per-employee or per-manager charges.
• Payments are taken by our payment processor ([Stripe Payments UK Ltd]) and renew automatically at the end of each period until cancelled.
• We will give you at least [30] days' notice of any price change, and the change applies from your next renewal.
• If a payment fails, the venue keeps full access for 7 days while you update your payment details. After that it becomes read-only until payment succeeds.

7. Cancellation and refunds

You can cancel at any time from the billing settings. Cancellation takes effect at the end of the current paid period, and you keep full access until then. [Decision needed: we do not refund partial monthly periods; for annual plans, either no pro-rata refund, or a refund if cancelled within 14 days of the first annual payment. Solicitor to confirm.]

8. Read-only access, export and deletion

When a trial ends without a subscription, or a subscription ends:

1. The venue is read-only for 30 days. You can view and export rotas and data but cannot edit, publish or invite.
2. After that, for 60 days only the owner can access billing, export and deletion.
3. After that window we delete or anonymise venue data, except billing and audit records we must keep by law. [Retention periods to be confirmed; spec §13.]

The owner can request deletion of a venue at any time. We do not delete data automatically the moment you cancel.

9. Your data

• You own the data you put into the Service ("Customer Data").
• For personal data about your staff, you are the controller and NISS is your processor. The DPA at [DPA URL] forms part of these terms and governs that processing, including our subprocessors (for example hosting, authentication, email and payments). Some subprocessors may process data outside the UK under appropriate safeguards.
• You must have a lawful basis for the staff data you enter, and you must tell your staff how it is used. Pay data is visible only to people you authorise.
• Do not enter sensitive information the Service does not ask for, such as medical details in absence reports or dates of birth.
• We use Customer Data only to provide, secure and support the Service, and as the DPA allows.

10. Acceptable use

You must not:

• misuse the Service or try to get into other customers' data;
• interfere with the Service’s security or availability;
• use automated means to overload it;
• upload unlawful content or malware;
• resell the Service without our written agreement.

We may suspend access to protect the Service or other customers, and we will tell you why unless the law prevents it.

11. Availability and changes

We aim to keep the Service available and to back it up, but we do not guarantee uninterrupted service in this version. We may improve or change features. If a change materially reduces what you pay for, we will tell you in advance and you may cancel.

12. Intellectual property

NISS owns the Service and its software. We give you a non-exclusive, non-transferable right to use it for your venues while you are a customer. You give us permission to use Customer Data only as described in section 9. If you send us feedback, we may use it freely.

13. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law. Otherwise:

• Neither party is liable for indirect or consequential loss, or for loss of profits, revenue or goodwill.
• Our total liability in any 12 months is limited to the fees you paid for the affected venue in that period. [Solicitor: confirm the cap and whether a minimum figure is needed.]
• You are responsible for staffing and employment decisions made using the Service.

14. Ending the contract

You may stop using the Service and cancel at any time (section 7). We may end these terms with [30] days' notice, or immediately if you seriously breach them or fail to pay after the grace period. Sections 8, 9, 12 and 13 continue after the contract ends.

15. Changes to these terms

We may update these terms. We will give at least [30] days' notice of material changes by email or in the app, and the Service records which version each venue accepted. If you do not agree, you may cancel before the change takes effect.

16. General

These terms, the DPA and the Privacy Notice are the whole agreement between us about the Service. If any part is unenforceable, the rest still applies. These terms are governed by the law of England and Wales, and its courts have exclusive jurisdiction. [Solicitor: Scotland/Northern Ireland customers.]