Accountz Business Suite / Startup / Startup VAT Terms and Conditions
- Company Name: Accountz.com Ltd (‘Accountz’)
• Registered Office Address: South Fens Business Centre, Fenton Way, Chatteris, PE16 6TT
• Contact Details: If you are seeking Pre-Sales advice or Product Support please call 01354 691650 or email firstname.lastname@example.org
• Company Registration: Accountz.com Ltd is a limited company registered in England and Wales under company registration number 3887628
• Accountz is a registered trademark of Accountz.com Ltd in the UK and other territories.
• VAT Registration: No 824111178
Accountz Business Suite / Startup / Startup VAT with Monthly Recurring Billing Terms and Conditions
In these conditions the following terms have the following meanings:
1.1. ‘Accountz’ means Accountz.com Ltd.
1.2. ‘Agreement’ means these terms and conditions.
1.3. ‘Commencement Date’ means the date the Scheme is registered.
1.4. ‘Licence Key’ means our product key for the Scheme.
1.5. ‘Scheme’ means Accountz Business Suite / Startup / Startup VAT with monthly recurring charges.
1.6. ‘The Charge’ means the charge from time to time for our product Accountz Business Suite 15.00 gbp, Startup 5.00 gbp and Startup VAT 10.00 gbp.
1.7. In this Agreement references to ‘we’, ‘us’, ‘our’ or the ‘Company’ are references to Accountz and references to ‘you’ or ‘your’ are references to the person or organisation in whose name the Scheme have been created.
TERMS AND CONDITIONS
1.1. This Agreement sets forth the terms and conditions that apply to your use of the Scheme.
1.2 If you accept this agreement and continue to pay the monthly charge we give you the right to use Accountz Business Suite / Startup / Startup VAT as described in this agreement. You may not use Accountz Business Suite / Startup / Startup VAT in any other way.
1.3 Accountz Online Backup and Recovery is included within the Accountz Business Suite / Startup / Startup VAT please see Accountz Online Backup and Recovery terms and conditions at www.accountz.com
1.4. The Charges are payable monthly in advance on or before the Commencement Date.
1.5. The Charges are payable without any deductions or withholding of anything but with the addition of VAT.
1.6. The General Terms take effect from the date you begin using the Scheme and subject to Clause 9 (Termination) shall continue in effect for the duration of the subscription.
Your rights to use Accountz Business Suite / Startup / Startup VAT and your obligations
The Customer shall:
2.1. Ensure that you have adequate internet connection in place.
2.2. Only use the scheme for your internal accounting business purposes and only input your own information into it.
2.3. All rights of ownership of the information you input the scheme remain yours but your access to this information is dependent upon you paying the applicable subscription fee. We follow good industry practice to prevent data loss: however, you must keep copies of any information inputted into Accountz Business Suite / Startup / Startup VAT (or generated by it) as we cannot guarantee that your information will not be lost or damaged and you should be aware that you are responsible for your data.
2.4. You cannot transfer your Accountz Business Suite / Startup / Startup VAT subscription to any other person or organisation. For example, you cannot sell it if you no longer want to use Accountz Business Suite / Startup / Startup VAT, or if you become insolvent an insolvency practitioner may not pass on your subscription as part of your business’s assets.
2.5. Must comply with all applicable laws and legislation in respect of their use of Business Suite / Startup / Startup VAT and the content does not contain anything which is unlawful, obscene, indecent or immoral or promotes illegal or unlawful activities.
2.6. Acknowledge that we are not your accountant and that Accountz Business Suite / Startup / Startup VAT should not substitute professional accountancy advice.
2.7. Be responsible for any and all applicable sales, use, excise, value added or other taxes and duties, any other fees, charges or payments payable to any governmental or regulatory authority, body or organisation incurred as a result of or in connection with the use by the customer of the scheme.
2.8. Ensure that any information that we may reasonably require from you in order to provide the Scheme is provided promptly and is complete, accurate and not misleading.
3. Use of Accountz Business Suite
3.1. You are solely responsible for obtaining and maintaining your internet connections and any Associated problems are your responsibility.
3.2. We will take reasonable steps to make sure that Accountz Business Suite / Startup / Startup VAT is free from viruses and bugs but we cannot guarantee this. We recommend that you use your own virus-protection software as we will not be responsible for any loss or damage caused by any viruses or other harmful technology that may infect your computer systems, data or other material owned by you.
3.3. We cannot guarantee that Accountz will be compatible with your computer please check our website www.Accountz.com for specification details.
3.4. The Application is licensed, not sold. This agreement only gives you some rights to use the Application. We reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Application only as expressly permitted in this agreement.
You may not:
1) work around any technical limitations in the Application.
2) reverse engineer, decompile or disassemble the Application, except and only to the extent that applicable law expressly permits, despite this limitation.
3) make more copies of the Application than specified in this agreement or allowed by applicable law, despite this limitation.
4) publish or otherwise make the application available for others to copy; or
5) rent, lease or lend the application.
4.1. We may end this agreement immediately if we do not receive your subscription fee or any Fees due to us under this agreement by the relevant due date.
4.2. The Agreement can be cancelled at any time subject to 14 days written notice by either Party not to expire before the end of the Initial Term.
4.3. The Agreement will automatically continue unless terminated in accordance with clause 4.2
4.4. The Charge will be fixed for the Initial Term and thereafter Accountz shall be entitled to increase its charges from time to time at intervals of not less than one year. Accountz shall give sufficient notice of any such variation in charges to enable you to exercise your rights to terminate the Agreement by giving 14 days notice.
4.5. If you exercise your right to terminate under clause 4.2 Accountz Business Suite / Startup / Startup VAT will go into Read Only Mode and you will no longer be able to use the application.
You have a previous licenced installation of Accountz Basic/Professional or Enterprise you will for a fee revert back to this applications paid for functionality.
4.6. We cannot enable you to downgrade from a VAT enabled product to a NON VAT enabled product
4.7. Ensuring that any information that we may reasonably require from you in order to provide the Scheme is provided promptly and is complete, accurate and not misleading.
- Limitation of Liability
5.1. Nothing in this Agreement shall limit or exclude Accountz’s liability for:
1) Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors.
2) Fraud or fraudulent misrepresentation.
3) Breach of terms implied by section 2 of the Supply of Goods & Services Act 1982.
5.2. Subject to clause 5.1:
1) Accountz shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of Profit, or any indirect or consequential loss arising under or in connection with the Agreement.
2) Accountz’s total liability to you in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charge.
5.3. The terms implied by sections 3 to 5 of the Supply of Goods & Services Act 1982 are, to the fullest extent permitted by law, excluded from the Agreement.
5.4. This clause 5 shall survive termination of the Contract.
- Privacy Statement
7.1. Accountz reserves the right to assign this Agreement and to sub-contract all or any of its obligations.
7.2. This Agreement is personal to you and you may not without Accountz’s prior written consent:
1) Assign or dispose of it;
2) Part with any interest in it; or
3) Grant any lease or licence or delegate any rights conferred by it.
8.1. Accountz may add to or vary any feature of the Scheme at any time on prior written notice to you.
- Termination on Default
9.1 The Supplier may at any time by written notice terminate this Agreement or suspend its performance of all or any of its obligations under it immediately and without liability for compensation of damages if:
The Customer fails to comply in any material respect with this Agreement;
1) The Customer dies, becomes bankrupt, has a receiving order made against him, makes any arrangement with his creditors generally or takes or suffers any similar action as a result of debt.
2) The Customer convenes a meeting of its creditors or suffers a petition to be presented or a meeting convened or other action to be taken with a view to its liquidation except (with the written approval of the Supplier) for the purposes of and followed by amalgamation of reconstruction.
3) A receiver or administrative receiver is appointed of any of the Customer’s property.
9.2. Any termination under 9.1 shall be without prejudice to any prior rights under this Agreement.
Failure by either Party to enforce any provision of this Agreement shall not be construed as a waiver of any of that Party’s rights. If either Party to this Agreement exercises its rights of waiver such waiver shall not be construed as a waiver of such rights in relation to any other.
11.1. Any notice to be given under this Agreement shall be in writing and shall be sent by first class mail or air mail or email (confirmed by first class mail or email), to the address Party set out in the Proposal, or such other address as that Party may from time to time notify to the other Party in accordance with this clause.
11.2. Notices sent as above shall be deemed to have been received 3 working days after the day of posting (in the case of inland first class mail), or 7 working days after posting (in the case of air mail), or the next working day after sending (in the case of email).
11.3. In proving the giving of a notice, it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatched and dispatch of the transmission was confirmed and/or acknowledged as the case may be.
- Third Parties
No term of this Agreement shall be enforceable under the Contract (Rights or Third Parties) Act 1999 by a third party (being any person other than the Parties to this Agreement).
- Law and Jurisdiction
This Agreement shall be subject to and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.