Terms
Version draft · Effective to be confirmed before launch.
These terms are an agreement between askrubberduck Ltd, a company registered in England and Wales (company number to be confirmed before launch, registered office to be confirmed before launch) (“we”) and the company that creates a Workstamp account (“you”). The person who creates the account confirms they can agree to them for the company.
The service
Workstamp lets your company record work on sheets, have them signed by your client’s representatives, approve them, and roll them into summaries your client accepts. It produces estimates of work. It does not issue tax invoices or handle payments. Every sheet and summary is marked “Estimate of work. Not a tax invoice.” Your accounting system issues invoices, and money between you and your client never passes through Workstamp. The only payments we take are your fees for Workstamp itself.
Your company and its members
You decide who joins your company and what role they have. You are responsible for what your members do in Workstamp and for keeping sign-in details safe. Admins must set up a second factor within 30 days.
Plans and payment
- A new company starts with 14 days of the Team plan, then moves to Solo unless it buys a plan.
- Paid plans are billed monthly in advance through Stripe. Prices are on the Pricing page.
- Each plan has a monthly limit of sheets sent and members. When you reach it, drafts still save; to send more you move up a plan.
- You can cancel at any time. The plan runs to the end of the period you paid for.
Reps who sign, and client companies that only receive sheets, never pay.
Your content
What you put in Workstamp is yours. You give us permission to store, process and show it only to run the service for you and for the people you send it to. You confirm you have the right to upload it, including photos of people and their names.
When you send a sheet to someone, they get a copy. If their company uses Workstamp, a copy is kept in their account. You cannot take back a copy someone has received.
Personal data
For the personal data in your company’s records, such as your members’ and your client’s representatives’ names, photos and signatures, you are in control and we process it on your behalf. Our Data Processing Addendum sets out how, and forms part of these terms. If it and these terms disagree about personal data, the Addendum wins.
For accounts, billing and this website, we are in control of the personal data, as our Privacy notice explains.
Signatures and records
A signature in Workstamp is a simple electronic signature: the signer’s name and drawn or typed signature on the sheet, together with a record of when, how and from which device it was given. It is meant to be relied on as a signature under the Electronic Transactions Act 1999 (Cth) and the matching state and territory Acts in Australia, Part 4 of the Contract and Commercial Law Act 2017 in New Zealand, and the Electronic Communications Act 2000 in the United Kingdom.
By sending sheets for signature, you agree to sign and be signed this way, and you are responsible for your client agreeing too; make sure your contract with your client allows it. Do not use Workstamp for a document the law requires to be signed on paper, witnessed or made as a deed.
Once a sheet is sent for signature it cannot be edited. Corrections are new revisions. Signed and sent records cannot be deleted, only voided. Voided records stay on file, marked void, for as long as your account is open, and are then deleted with everything else as described under Ending.
We record a fingerprint of each signed sheet and offer a public page where anyone holding the PDF can check it. We do not judge whether the work was done, whether the rates are right or who owes what.
Acceptable use
Do not use Workstamp to:
- break the law or help someone else break it;
- send messages people did not ask for;
- sign in someone else’s name, or pass off a sheet as signed when it was not;
- record work, hours or materials you know to be false;
- upload malware, or probe, overload or work around the limits and security of the service;
- get at another company’s information.
This applies to everyone you let into your company and everyone you send sheets to through it.
We may suspend an account that does, and will tell you why unless the law prevents us.
Availability and changes
We aim to keep Workstamp running at all times, and we back up every region. We may change features; if a change takes away something you pay for, we will tell you in advance.
Ending
You can close your account at any time. For 90 days after it closes, admins can still download everything your company keeps in Workstamp, including sheets, summaries and PDFs; then we delete it, and it leaves our backups within a further 30 days. We may close an account for serious or repeated breach of these terms, with notice where we can give it.
Liability
Apart from the guarantees the law gives you, Workstamp is provided as it is.
Our total liability to you for all claims under these terms is limited to the greater of the fees you paid us in the 12 months before the claim and US$100.
We are not liable for indirect or consequential loss, for loss of profit, revenue or business, or for loss of data beyond restoring it from our backups.
The limit does not apply to fees you owe us. Nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for anything else the law does not allow to be limited, including guarantees under the Australian Consumer Law, the New Zealand Consumer Guarantees Act and Fair Trading Act, and UK statutory rights.
Law
These terms are governed by the law of England and Wales, and the courts of England and Wales decide any dispute about them. This does not take away protections that the law of your own country gives you and that cannot be excluded.
Changes to these terms
We post changes here and email account holders at least 30 days before significant changes take effect. Changes the law requires, or that we need to make for security, can take effect sooner.