TIS‑Web® Terms and Conditions
The following definitions apply to these Terms and Conditions:
"Company" means Continental Automotive Trading UK Ltd.
"Web Site" means this web site at http://vdo-tis.co.uk.
"TIS‑Web" means the TIS‑Web® application software and Internet service on
"Single Day" means a day starting at 12.00 midnight and finishing at 12.00 midnight
"Volume Unit" means a unit by which use of the TIS‑Web service is charged. The following table defines the
chargeable items for the TIS‑Web service and the charge rates.
Charge / Volume Units
A Single Day for which one or more analogue or digital tachograph charts have
been added to the TIS‑Web service. A tachograph chart is assigned to the Single
Day on which the activities recorded in the tachograph chart start.
DTCO Driver Card archive file download. Note that a Driver Card archive file is
downloaded when reading a Driver Card using the smart card reader.
DTCO Vehicle Unit archive file download
VDO specific data file download
"Volume Block" is 250 Volume Units.
Acceptance Of Terms Through Use
By using TIS‑Web or the Web Site you signify your agreement to all terms, conditions
periodically for changes. Your continued use of TIS‑Web or the Web Site following the publication
If you are using TIS‑Web on behalf of an organisation, you confirm that you have
the authority to use the TIS‑Web application and carry out business on behalf of
An account will be created for you in order that you can use TIS‑Web. Your account
has an associated balance measured in Volume Units. A positive account balance means
that you are in credit. You must have a positive account balance in order to use
TIS‑Web. The Company will have no obligations under this Agreement if you do not have
a positive account balance.
In order to use the TIS‑Web service you must buy Volume Blocks in advance. Purchase
of Volume Blocks will add credit to your account balance in the form of Volume Units.
Your current balance of Volume Units is available in the TIS‑Web application.
Use of the TIS‑Web service is charged by consumption. The credit in your account is
consumed as you use the TIS‑Web service using the chargeable items and rates defined
You can order additional Volume Blocks from within the TIS‑Web application. Volume
Blocks will be credited to your account once the Company has received payment.
To advise you when you should purchase additional Volume Blocks you will be given a
reminder when you use the TIS‑Web application. You will be reminded to purchase
additional Volume Blocks if your existing account balance is below the "Credit Reminder
Limit". The default Credit Reminder Limit is 50 Volume Units. You may alter the Credit
Reminder Limit for your account in the TIS‑Web application to better suit your
circumstances. If your account balance is below the Credit Reminder limit you will be
reminded to purchase additional Volume Blocks every time you log in to TIS‑Web.
If your account balance falls below zero then the "Grace Period" will start. An E-mail
will be sent to you to advise you that your account balance is below zero and that you
should purchase additional Volume Blocks. You will not be able to add data to TIS‑Web
until your account balance returns to a positive value.
The Grace Period lasts 30 days. If your account balance is still below zero at the end
of the Grace Period then your account will be considered to have expired. An E-mail will
be sent to you advising you that the Grace Period has expired. You will be able to log in
to the TIS‑Web service to order additional Volume Blocks, but all other functions will be
disabled. After the Grace Period expires your data will be kept for a period of 13 months
(Data Retention Period). If you have not brought your account balance into credit after the
Data Retention Period expires then the Company reserves the right to remove your account
and the data stored within your account without further notice.
You can re-activate your TIS‑Web account at any time during the Grace Period and the Data
Retention Period by the purchase of additional Volume Blocks to bring your account balance
If your TIS‑Web account is not used for a period of 13 months the Company will attempt to
contact you. The Company will attempt to contact you at your last known E-mail address or
last known telephone number. If the Company cannot contact you within a period of 30 days
then your account will be considered defunct. If your account is defunct the Company
reserves the right to remove your account and all the data stored within your account
without further notice. No refunds for unused account credit will be given for defunct
By using TIS‑Web you download tachograph data to secure storage. Tachograph chart data is
stored for a period of 13 months. Driver card and digital tachograph vehicle unit files
are stored for a period of 25 months. Data with a timestamp older than these limits is
When your TIS‑Web account is established you will be given a set of credentials to access
the TIS‑Web service. These credentials consist of an Account ID, User Name and a Password.
You are responsible for all use of the TIS‑Web services made using your credentials, whether
or not the use is made by you, or someone else using your credentials. You are responsible
for protecting and securing your credentials from unauthorised use. If at any time you
believe your credentials are being used by unauthorised persons please use the facilities
provided to change your password and / or contact the Company.
The Company will provide telephone or E-mail technical support in response to your enquiries
The TIS‑Web service that is available on the web site
Basic functionality of the TIS‑Web application as described in the online software
documentation supplied within the TIS‑Web application.
You acknowledge that due to the multiple hardware and software environments in which the
TIS‑Web service may be used the Company cannot guarantee that every enquiry or connectivity
issue between third party services, service providers, hardware or software will be
resolved. Subject to and in accordance with these Terms and Conditions the Company’s sole
support obligation is to provide reasonable and good faith efforts to resolve your enquiries
arising from your use of the TIS‑Web service in accordance with the software documentation.
Support Function Availability
The Company will provide the Support Function on business weekdays between the hours of 8.30am
and 4.45pm (United Kingdom local time). Support will not be provided on public holidays or
where the Company reasonably determines (in its sole discretion) that systems and server
maintenance is necessary.
Support may be provided by E-mail or by telephone. Telephone support may be charged via the use
of a premium rate telephone line. E-mail support will remain free of charge and should be
used as the primary source of support once it has been established by the customer that the
support material available from the TIS‑Web service and the product documentation cannot answer
The company reserves the right to limit each telephone call to one single support issue or
question and to a maximum duration of thirty minutes (an "Incident"). The Company further reserves
the right to limit support to 10 Incidents per calendar year.
The Company may choose not to provide support where it reasonably determines (in its sole
Your enquiries relate to business practice, application consulting or training;
Your use of the TIS‑Web service is outside that set out in the software documentation;
Your use of the support facility is excessive, abusive or fraudulent.
The company makes no representation that materials on the Web Site or the TIS‑Web service and application are
appropriate or available for use in locations outside the European Union. Those who choose to
use the TIS‑Web service and application from locations outside the European Union do so at their
own risk and initiative and are responsible for compliance with local laws.
A cookie is a small package of data which is placed on your computer by a web site or web
to store a small amount of data on your computer as part of their normal operation. The data
stored includes your Account ID and User Name so that you do not need to enter these items
every time you sign on to TIS‑Web (your password is never stored in a cookie). The date and
time for the archive retrieval functionality is also stored in a cookie.
In order for the Web Site and the TIS‑Web application to operate correctly "session cookies"
are used. These cookies are similar to the cookies described above but the difference is that
they are not stored permanently on your computer. These cookies exist within your Internet
browser session and are destroyed when your browser is closed. If you block session cookies
then you will not be able to use TIS‑Web or the full functionality of the Web Site.
By using the Web Site or the TIS‑Web application you give consent for the Web Site and
the TIS‑Web application to place cookies on your computer which are required for the
normal operation of the Web Site and TIS‑Web.
The Web Site may utilise Google Analytics™ and/or Google Webmaster Tools™ to collect information
about how visitors use the Web Site in order to improve web site operation, navigation and
features provided. Cookies are used to store this information. No personally identifiable
information is stored in these cookies. The following list defines the names of the cookies used:
Please be aware that Google may change the cookies they use at a future date. As we become
aware of changes they will be posted on this web site.
In order for you to be able to enter data into TIS‑Web from various devices and to be able to
print reports software has to be installed on your computer. This software is referred to as
If you are using the Microsoft® Internet Explorer® web browser the Client Software takes the form of a
number of individual software components which utilise the Microsoft® ActiveX® technology.
This Client Software is installed automatically when you enter the TIS‑Web application. For
the installation to be successful a user with administrative privileges needs to be logged
on to your computer. After installation has been completed the TIS‑Web application can be
used by a user with normal user privileges.
If you are unable to use the automatic installation method described above please contact
the Company for an installation application which can be used by an IT administrator to deploy
the Client Software for Microsoft® Internet Explorer® separately.
If you are using the Mozilla® Firefox® or Google Chrome™ Internet browsers a separate client
software package needs to be installed on your computer. This software package is the TIS
Client Communications Service. This package needs to be installed by a computer
administrator. This package can be downloaded from within the TIS‑Web service by
selecting Help followed by Download and then TIS Client Communication
If you do not install the Client Software you will not be able to enter tachograph data into
TIS‑Web or print reports. The printing of reports is only available when using the Microsoft®
Internet Explorer® browser.
The TIS‑Web application and service will be upgraded from time to time. This will sometimes
require the installation of newer or additional Client Software. The Company is under no
obligation to keep earlier versions of the TIS‑Web service in operation for those customers
who wish to restrict the installation and upgrade of this Client Software.
Exclusion and Limitation of Liability
Under no circumstances shall the Company, its subsidiaries or its licensors be liable
for any direct, indirect punitive, incidental, special or consequential damages that result
from the use of, or inability to use TIS‑Web. This limitation applies whether the alleged
liability is based on contract, tort, negligence, strict liability or any other basis even
if the Company has been advised of the possibility of such damage. Because some
jurisdictions do not allow the exclusion or limitation of incidental or consequential damages
the company’s liability in such jurisdictions shall be limited to the extent permitted by law.
Nothing in these Terms and Conditions shall exclude or limit the liability of either party
for death or personal injury resulting from the negligence of that party or in respect of
fraud or of any statements made fraudulently by that party, or arising under Part 1 of the
Consumer Protection Act 1987 in respect of any defect in a Company product.
Subject to the exception set out in paragraph 2 above and to the extent permissible by law,
the Company will not be liable to you whether in contract (including under any indemnity or
warranty), in tort (including negligence), under statute or otherwise for any (whether direct
or indirect): (a) loss of profit; (b) loss of revenue; (c) loss of sales; (d) loss of
anticipated savings; (e) loss or corruption of data; (f) loss of contract or opportunity;
(g) loss of goodwill; (h) costs incurred in modifying Company products (whether in accordance
with the software documentation or not); (i) unreasonable costs in remedying any loss; or
(j) indirect or consequential loss.
Subject to the exception set out in paragraph 2 above and to the extent permissible by law,
in the event that the Company is liable to you in contract (including under any indemnity or
warranty), in tort (including negligence), under statute or otherwise its liability shall be
limited to a claim for the fees paid to the Company during any single consecutive 12 month
period after your acceptance of these Terms and Conditions for any one event or series of
Any action against the Company must be brought within 2 years after the cause of action
For purposes of this section, "the Company" includes its employees, sub-contractors and suppliers.
You acknowledge that given the price paid for the TIS‑Web service, the complicated nature
of the software, the almost limitless number of software and hardware environment
combinations into which the software might be introduced, the fact that the Company cannot
anticipate the particular purpose for which you are using the software and the availability
of insurance for any loss that the above limitations and exclusions are reasonable in all
If any provisions of this agreement are held to be invalid under any applicable statute
or rule of law, they are to that extent omitted from these terms and conditions without
affecting the validity or enforceability of the remainder.
Neither party shall be liable for any delay in performing any of its obligations hereunder
if such delay is caused by circumstances beyond the reasonable control of the party so
delaying and such party shall be entitled to a reasonable extension of time for the
performance of such obligations.
Disclaimer of Warranties
All materials, information, software, products, and services included in or available through
TIS‑Web or the Web Site (the "content") are provided "as is" and "as available" for your use. The content is
provided without warranties of any kind, either express or implied, including, but not limited
to, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
The Company, its subsidiaries and its licensors do not warrant that the content is accurate,
reliable or correct; that the Web Site or TIS‑Web will be available at any particular time or location;
that any defects or errors will be corrected; or that the content is free of viruses or other
harmful components. Your use of the Web Site or TIS‑Web services is solely at your risk.
Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Intellectual Property Rights
All intellectual property rights and any analogous rights of any nature created during the
provision of the Support Function are the property of the Company. You hereby assign all right,
title and interest in any such intellectual property rights and agree to provide any assistance
that the Company may require to perfect its title to such rights. Nothing in these Terms and
Conditions shall prevent or restrict the Company from using and exploiting any intellectual
property rights, techniques, tools, ideas or know‑how created, used or developed during the
provision of the Support Function for any purpose whatsoever. You will keep the Company fully
indemnified against all reasonable costs, claims, expenses, judgments and liabilities suffered
by the Company howsoever arising through infringement of third party intellectual property
rights in any software or other material you have combined with the Company products when
the Company is performing its obligations in accordance with these Terms and Conditions.
You acknowledge and agree that all content and materials available on the Web Site and TIS‑Web service are protected
by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights
and laws. Except as expressly authorised by the Company you agree not to sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit, or create derivative works from such materials or content. Notwithstanding the
above, you may print or download one copy of the materials or content on the Web Site or TIS‑Web service on any
single computer for your personal, non commercial use, provided you keep intact all copyright
and other proprietary notices.
Systematic retrieval of data or other content from the Web Site or TIS‑Web to create or compile, directly or
indirectly, a collection, compilation, database or directory without written permission from
the Company is prohibited. In addition, use of the content or materials for any purpose not
expressly permitted in these Terms and Conditions is prohibited. As noted above, reproduction,
copying, or redistribution for commercial purposes of any materials or design elements on
the Web Site or TIS‑Web is strictly prohibited without the express written permission of the Company.
Choice of Law and Jurisdiction
This agreement shall be governed by and construed in accordance with English law and the
parties hereby submit to the exclusive jurisdiction of the English Courts.
Both parties undertake to comply with provisions of the Data Protection Act 1998 ("the Act")
in relation to the disclosure, use and storage of any personal information as defined in
the Act. Your name, phone, fax number, postal address and E-mail address ("Your Data") will
be put onto the Company database and processed by us in servicing our relationship with you,
including disclosure to third party outsourcers and consultants. This may include, but is
not limited to the Company’s provision of information about the Company’s products and
updates, notification of changes to the Support Function or Payment and notification that
these Terms and Conditions are about to expire. By submitting your Data to us you agree to
our storage, use and disclosure of that data. Unless you notify us otherwise you agree that
we may use and analyse Your Data to give you information about our services which may be
of interest to you. If you do not wish to be contacted for marketing purposes by us or by
third parties please send an email to the following address
firstname.lastname@example.org. You agree that for the purposes described above
Your Data may be transferred to countries outside the European Economic Area.
In addition to the personal information stored and used in servicing our relationship with
you, the TIS‑Web service allows you to store the following personal information regarding
drivers and their use of vehicles:
Optional data including driving licence details, birth date, telephone numbers, gender
Driver activities and planned events
Vehicle registration mark and identification number
By using TIS‑Web you confirm that you have satisfied the requirements of the Data Protection
Act with regard to your use of the personal data for drivers and their use of vehicles as
defined above and for the storage and processing of this data using TIS‑Web. You also
confirm that you have consent for this personal data to be transferred to countries outside
the European Economic Area and to for disclosure to third party outsourcers and consultants
for the purposes of TIS‑Web service development, improvement and problem investigation.
You agree that we can use the data stored by you on the TIS‑Web service in an aggregated
and anonymous form for the purposes of providing statistical and benchmarking services.
To provide increased value to our customers we may provide links to other web sites or
resources for you to access at your sole discretion. You acknowledge and agree that as
you have chosen to enter the linked web site the Company is not responsible for the
availability of such external web sites or resources and the company does not review or
endorse and is not responsible or liable, directly or indirectly for (i) the privacy
practices of such web sites, (ii) the content of such web sites, including (without
limitation) any advertising, content, products, goods or other materials or services on
or available from such websites or resources or (iii) the use to which others make of
these websites or resources, nor for any damage, loss or offence caused or alleged to be
caused by, or in connection with, the use of or reliance on any such advertising, content,
products, goods or other materials or services available on such external websites or
resources. The provision of such links to external web sites does not imply endorsement
of the web site by the Company or any association with any of our distributors or
You may not assign or sub-contract any of your rights or obligations under these Terms
and Conditions or any related order for products to any third party unless agreed upon
in writing by the Company.
The Company reserves the right to transfer, assign, novate or sub-contract the benefit
of the whole or part of any of its rights or obligations under these Terms and
Conditions or any related contract to any third party.
No delay or failure by the Company to exercise any powers, rights or remedies under these
Terms and Conditions will operate as a waiver of them nor will any single or partial
exercise of any such powers, rights or remedies preclude any other or further exercise
of them. Any waiver to be effective must be in writing and signed by an authorised
representative of the Company.
These Terms and Conditions including the documents or other sources referred to in these
Terms and Conditions supersede all prior representations understandings and agreements
between you and the Company relating to the use of the Web Site and TIS‑Web and sets forth the entire
agreement and understanding between you and the Company for your use of the Web Site and TIS‑Web.
Effective Date: 10th May 2014