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These terms may
change at any time and it is the responsibility of every user of the
site or any service to visit check these terms regularly.
By using the Online
Chart Analysis Service you agree to abide by the Farnsworth
Consultancy Ltd and
Continental Terms &Conditions
The
following section regarding Subscription Fees and the purchase of
SB's contained in the Continental Terms & Conditions, does not apply
to Farnsworth Analysis, which is based on a pay per analogue chart,
digital chart, driver and vehicle downloads as outlined below.
* SUBSCRIPTION FEES
Use of the service requires the purchase of SB's and Continental Automotive
Trading UK Ltd. will notify you by E-mail when you need to purchase more SB's.
Please note the following points:
-
If more charts are added than the purchased SB's would allow, then you may be
asked to buy extra units to make up the shortfall;
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Deleting old charts or drivers will not reclaim storage or increase the number
of charts that may be entered.
Continental Automotive Trading UK Ltd. will have no obligations under this
Agreement if the customers account is not in credit.*
Client Updates
It is your responsibility to
visit this page, which is accessed via the link
client
updates on the Home Page, to avail yourself of any changes to
the legislation, service or charges.
Acceptance Of Terms
Through Use
By using our site
and services you signify your agreement to all terms, conditions, and
notices contained or referenced herein (the "Terms of Use"). If
you do not agree to these Terms of Use please do not use this site. We
reserve the right, at our discretion, to update or revise these Terms of
Use. Please check the Terms periodically for changes. Your continued use
of this site following the posting of any changes to the Terms of Use
constitutes acceptance of those changes.
Proprietary Rights
You acknowledge
and agree that all content and materials available on this site are
protected by copyrights or other proprietary rights and laws. Except as
expressly authorised by The Farnsworth Consultancy Ltd., 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
this site 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 this site to create or
compile, directly or indirectly, a collection, compilation, database or
directory without written permission from The Farnsworth Consultancy Ltd.
is prohibited.
In addition, use of the content or materials for any
purpose not expressly permitted in these Terms of Use is prohibited. As
noted above, reproduction, copying, or redistribution for commercial
purposes of any materials or design elements on this site is strictly
prohibited without the express written permission of The Farnsworth
Consultancy Ltd.
One months trial
The one months trial will start:
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From the date that we install the
software.
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Self Installation - From the date of the
email informing you of your login details.
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Free trial applies to digital driver
card and vehicle downloads and analogue chart self analysis.
It does not apply to postal bureau analysis. We will
analyse 20 charts by postal analysis as part of the one months
free trial.
If we are not informed to the contrary,
the one months
trial will convert to The
Farnsworth Consultancy tachograph analysis service, after the
passage of one month.
Installation problems
Because of the numbers
of different security and firewall settings, video cards and general
windows settings it may not be able to solve download problems without
help.
Whilst we will
make every effort to solve these problems, ultimately the client may
need to seek the advice of their inside I.T. Department or the
suppliers of the computer or software or the The Farnsworth
Consultancy Ltd on 01785 85099.
The software requires Active X
controls to de downloaded onto clients computers.
Whilst the
installation of TIS-Web software and Active X controls is perfectly
safe, before making any changes to your computer settings ensure
that you seek advice on your authority to make these changes.
The Farnsworth Consultancy Ltd cannot be held responsible for
unauthorised changes made to clients computers and any subsequent
failures of computers and computer software installations.
Telephone Help
We have one of the most comprehensive help sections on
the Internet and the vast majority of answers to clients questions can
be found there, without the need for a telephone call.
After visiting our
help section, without success telephone us for help.
Logging On
Log-on to the
service via the client login
button on our home page
www.tachochart.com .
Please visit our news page for updates and information
*NOTE*
If you do not login via
tachochart.com you will be unaware of changes or updates. We waste
hours of our time because clients did not login via this route,
therefore not seeing our updates.
Forgotten Passwords
It is the responsibility of the
client to inform us of any change of password. We are
finding that clients change their password and then forget what
they have changed it to.
Where we are required to have the
password reset in these circumstances a charge will be imposed.
Data Storage
Data obtained from analogue charts, digital
driver cards and vehicle units will be stored for your access
for 13 months.
Fees
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Self Analysis Analogue £0.14 per chart.
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Self Analysis Digital 19 pence
per chart.
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Vehicle and driver card
downloads from £0.30* per download. (This is per download per vehicle or
driver not per week)
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Postal Analysis 38 pence per chart analogue analysis
* May be subject to offers
and discounts.
Analysis
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No charges will be imposed for
data transferred into accounts during the agreed trial period.
At the end of this period, unless otherwise informed by the client,
the analysis service will continue and fees charged as outlined
above.
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You will be required to pay
the fees as outlined above from the date of the
first chart ( analogue & digital), that you analyse or digital data
that you download, following your trial period and will continue until you give one
months notice that you wish to unsubscribe.
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We require that clients submit
the worksheet form following the set up of their account so that we
may provide accurate advice on the data transferred into their
account(s).
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Termination
requires one month's notice by either party. If you terminate the
service and do not analyse any charts during the month's notice, after
notifying The Farnsworth Consultancy Ltd, you will still be required to
pay the current rate per driver for that month.
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Failure
to make payment for the use of the service in accordance with our terms of
payment as displayed on our invoice may render your subscription invalid
and The Farnsworth Consultancy reserves the right to withdraw or suspend
access to this service at any time, with written notice.
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Fees may be
increased at any time at the discretion of The Farnsworth Consultancy Ltd,
on notification to the existing users. (To be published in client updates,
at least one month prior to the increase.)
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Any change of
password must be notified to The Farnsworth Consultancy Ltd. IF YOU
CHANGE YOUR PASSWORD AND DO NOT INFORM US THERE WILL BE A CHARGE OF
£10+VAT TO RESET IT IF YOU FORGET YOUR NEW PASSWORD.
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If
you cease to use the service all access, by you or your representative,
to your data, will be denied. IT WILL BE YOUR RESPONSIBILITY
TO PREPARE AND STORE HARD COPIES OF YOUR ANALYSIS, PRIOR TO
TERMINATION OF THE SERVICE.
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It is the responsibility of
the client to maintain their account, by removing old drivers and
vehicles and adding new ones.
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You or anyone with your
permission has total access your account at any time from any
location, using the login details provided.
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Staff or nominees of The Farnsworth Consultancy have total access at
all times.
Tachograph Data
Management Service
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It shall be the
responsibility of the client to inform The Farnsworth
Consultancy Ltd of all of their digital vehicles and
drivers.
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The client is responsible
for informing The Farnsworth Consultancy Ltd of changes to their
digital drivers & vehicles.
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Any data not checked as a
result of none compliance with the above will not be the
responsibility of The Farnsworth Consultancy Ltd
Contravention
of these terms of use.
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Contravention
of any of the above restrictions will render the service void and The Farnsworth
Consultancy Ltd reserves the right to withdraw its services.
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The
data remains the sole property of The Farnsworth Consultancy Ltd who
reserve the right to withdraw access if these terms are breached, or
payment is not made in accordance with our terms of trading.
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Where analysis has not been paid for The
Farnsworth Consultancy reserve the right to disclose this data to
any Organisation to assist in the payment of outstanding debts or to
substantiate any complaint submitted to any such organisation(s).
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If
you cease to use any of the Online Chart Analysis Services all access to your data, by you or your representative,
will be denied. In these circumstances it is your responsibility
to download hard copies of any reports which you may be required to
keep by law.
ANALYSIS PROCEDURES
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If you keep paper records,
i.e. worksheets, clock cards etc. and the times recorded on those sheets
or clock cards must correspond to the start and finish times recorded on driver cards/
analogue tachograph charts.
Make manual entries where necessary.
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Vehicle checks must be recorded on charts or
driver cards.
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Analogue charts should have EDR/SDR to show
the end and start of daily rest, if daily rest is not
recorded on the chart.
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Manual entries must be made on charts where
daily start and finish times are different than times recorded
automatically on
the chart.
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Data downloaded from
driver cards and vehicle units must be checked, edited and
assigned where necessary, either by you or by us -see
our
Tachograph Data Management Service,
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You
must have a system in place proving that you give training
to drivers who breach the regulations.
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You
must have a discipline system in place for persistent
offenders
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If
you do not understand the legal obligations placed upon you
by the drivers hours legislation it is your responsibility
to contact The Farnsworth Consultancy for clarification.
If these procedures are not adopted then reports
will not be accurate and The Farnsworth Consultancy will not be
held responsible for prosecutions arising out of incorrect
recording of drivers working times.
Working
Time Directive
The
RTD came into force on the 4th of April 2005 and it is the
responsibility of each company to ensure that their drivers understand and
comply with these regulations. Details can be found on our home page
or by contacting us by telephone.
There are certain steps you may take now, such
as having all of your charts analysed and the correct use of the mode
switch.
If you are using the software to store and
calculate your working time records you should print off RTD and Driver
Activity Protocol reports which should be stored for 2 years after your
period (i.e if you are using a 26 week period reports should be stored
for 30 months, 17 weeks for 28 months.)
Driver
planner - Working Time Directive (Keeping of records)
The following is an extract regarding the
keeping of records under the working time directive for mobile workers in
the road transport sector (2002/15/EC)
Information and record keeping
7.1
Employers must keep records for
2 years after the period covered. These records must include the weekly
working time and time spent working at night (if applicable) for mobile
workers who are subject to the directive. Details of any workforce or
collective agreements also need to be kept.
You are required to use the driver
planner together with the steps highlighted below which will enable you to
comply with the first part of this regulation.
Using
the tachograph as the method of recording working time.
The
use of Crossed
Hammers
From
the 1st of May 2006, with the introduction of Regulation
(EC) No 561/2006 of the European
Parliament and of the Council of 15 March, crossed hammers
must
now be used to record periods of work. The box can only be used to
record periods of availability.
Details
All
working time must be recorded
Definitions
For the purposes of this
Directive, Under
Article 3 working time is defined as:
(a) ‘working time’ shall
mean:
In
the case of mobile workers: the time from the beginning to
the end of work, during which the mobile worker is at his workstation, at
the disposal of the employer and exercising his functions or activities,
See also
information
sheet 23 for a full breakdown of '
work' ,and ' availability '.
Therefore,
in order for us to perform accurate analysis, where
a driver commences, or finishes work before or after recordings on his
tachograph chart he should record his start and finish times by drawing a
line on the front of the chart indicating his start time EDR - (End of daily rest) and
finish time SDR - (Start of daily rest). He is not
required to write the start and finish times on the chart.
EWR and SWR should be used
where the weekly rest is ended or started.
VOSA
guidance.
In
their booklet Drivers Hours and Tachograph Rules for Goods Vehicles in
the UK and Europe, under the heading How are daily rest periods
recorded. The following advice is given.
'
When a chart cannot be left in the vehicles tachograph to record a daily
rest period, drivers should make manual entries, for example EDR 18.30, end
SDR 06.30.'
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-
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Article
15 Council regulation (EEC) No 3821/85 states:
Contrary
to common belief, by drawing lines on the front of a chart you are not
committing this, or any other offence, as long as you do not draw over any
of the traces. These lines should be drawn before or after the recordings on the chart, to cover such things as
checking the vehicle and completing paperwork at the end of a shift etc.
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The
time between these lines and the duties recorded by the tachograph will be read as
'crossed hammers'. If these lines are not drawn in the total duty
shown on the analysis will not represent the total of the time from the
beginning to the end of work in relation to the 48 hour
weekly 'working time'.
If this simple procedure is followed
drivers and supervisors will
not only save time, they will not have to refer to clocking on cards, or
any other records to see whether or not they are exceeding their
weekly working time.
Incorrect
use of mode switch
Analogue charts
True
analysis will be based on the correct use of the mode switch by the
driver. In order to ensure as accurate as possible the recording of
his duties, the driver should set his mode to 'crossed hammers' before
setting off. This will automatically record ' driving ' when the
vehicle is moving and ' working time ' when the vehicle stops. He will
only need to alter his mode to record ' rest ', or ' periods of
availability '. If you need to discuss this please contact us.
Incorrect
use of the mode will produce incorrect times for the 48 hour weekly
working time and therefore the accuracy of the analysis. We will not
be held responsible for drivers who exceed their weekly working time, who
have not followed the above procedures.
Digital tachographs
True analysis will be based on the correct use of the mode switch by the
driver. If drivers do not use the mode correctly reports prepared
using the data will be inaccurate.
We will, as part of the service examine this
data and where possible change the data and correct infringements.
Where
written records are the preferred method of recording working time.
Paper records as an accurate
method of recording working time are now obsolete The software should be
used to input data required for the accurate reporting of working time.
You or your staff should
input this information.
or
You may choose for us to do
this on your behalf. Please see:
Any
WTD reports prepared will be based on the duties and times fed in
from the tachograph.
Fleet
updates
It
is the responsibility of every client to keep us informed of changes to
their fleets and vehicle weights. We will not be held responsible
for incorrect analysis relating to vehicles where we have not been
informed of their weights.
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