Welcome to expertAccounts, the cloud ERP service.
These terms of use are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.
These Terms are binding on any use of the Service and apply to You from the time that expertAccounts provides You with access to the Service.
The expertAccounts Service will evolve over time based on user feedback. expertAccounts reserves the right to change these terms at any time, effective upon the posting of modified terms and expertAccounts will make every effort to communicate these changes to You via email or notification via the website. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.
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Definitions
"Agreement" means these Terms of Use.
"Access Fee" means the fee (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which expertAccounts may change from time to time on notice to You).
"Confidential Information" includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
"Data" means any data inputted by You or with Your authority into the Website.
"Intellectual Property Right" means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
"Service" means the online accounting and finance management services made available (as may be changed or updated from time to time by expertAccounts) via the Website.
"Website" means the Internet site at the domain www.expertAccounts or any other site operated by expertAccounts.
"expertAccounts" means the local service operator of expertAccounts service. (expertAccounts's address and contact details are here)
"You" means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service, and any person or organisation that uses the Service with the authorisation of that person or entity.
"Your" has a corresponding meaning.
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Use Of Software
expertAccounts grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
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Your Obligations
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Payment obligations:
An invoice for the Access Fee will be issued when you prepay the access to the Service. The invoice will be sent to You by e-mail. You are responsible for payment of any applicable taxes or duties in addition to the Access Fee.
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General obligations:
You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by expertAccounts or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
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Access conditions:
- You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify expertAccounts of any unauthorised use of Your passwords or any other breach of security and expertAccounts will reset Your password and You must take all other actions that expertAccounts reasonably deems necessary to maintain or enhance the security of expertAccounts's computing systems and networks and Your access to the Services.
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As a condition of these Terms, when accessing and using the Services, You must:
- not attempt to undermine the security or integrity of expertAccounts's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
- not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
- not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
- not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
- not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
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Usage Limitations:
Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against expertAccounts’s application programming interface. Any such limitations will specified within the Service.
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Indemnity.
You indemnify expertAccounts against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to expertAccounts.
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Confidentiality And Privacy
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Confidentiality:
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
- Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
- Each party's obligations under this clause will survive termination of these Terms.
- The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:
- is or becomes public knowledge other than by a breach of this clause;
- is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
- is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
- is independently developed without access to the Confidential Information.
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Privacy:
expertAccounts maintains a privacy policy that sets out the parties’ obligations in respect of personal information . You should read that policy at... and You will be taken to have accepted that policy when You accept these Terms.
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Intellectual Property
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General:
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of expertAccounts (or its licensors).
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Ownership of Data:
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on prepayment of the expertAccounts Access Fee. You grant expertAccounts a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
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Backup of Data:
You must maintain copies of all Data inputted into the Service. expertAccounts adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. expertAccounts expressly excludes liability for any loss of Data no matter how caused.
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Third-party applications and your Data.
If You enable third-party applications for use in conjunction with the Services, You acknowledge that expertAccounts may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. expertAccounts shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
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Warranties And Acknowledgements
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Authority:
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
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Acknowledgement:
You acknowledge that:
- You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the the Website and the Services (whether that information and Data is Your own or that of anyone else).
- expertAccounts has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
- You are responsible for ensuring that You have the right to do so;
- You are responsible for authorising any person who is given access to information or Data, and you agree that expertAccounts has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
- You will indemnify expertAccounts against any claims or loss relating to:
- expertAccounts's refusal to provide any person access to Your information or Data in accordance with these Terms,
- expertAccounts’s making available information or Data to any person with Your authorisation.
- The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
- expertAccounts does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. expertAccounts is not in any way responsible for any such interference or prevention of Your access or use of the Services.
- expertAccounts is not Your accountant and use of the Services does not constitute the receipt of accounting advice. If You have any accounting questions, please contact an accountant.
- It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
- You remain solely responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that storage of and access to your Data via the Website will comply with laws applicable to you (including any laws requiring you to retain records).
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No warranties:
expertAccounts gives no warranty about the Services. Without limiting the foregoing, expertAccounts does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
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Consumer guarantees:
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
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Limitation Of Liability
- To the maximum extent permitted by law, expertAccounts excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
- If You suffer loss or damage as a result of expertAccounts's negligence or failure to comply with these Terms, any claim by You against expertAccounts arising from expertAccounts's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 6 months.
- If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.
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Termination
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Trial policy
When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will have to prepay the Access Fee, from the day the trial period expires. If You choose not to continue using the Services, You may delete Your organisation in the 'My expertAccounts' section of the Services.
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Prepaid Subscriptions
expertAccounts will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.
These Terms will apply for the period covered by the Access Fee paid under clause 3.1.
When the subscription period prepaid under clause 3.1. expires, a "grace period" of 60 days begins, and expertAccounts will suspend Your use of the Services and Your access to all or any Data.
If within the grace period you do not prepay the Access Fee for a new subscription period, this Agreement is terminated and expertAccounts, at its sole discretion, may erase your Data and terminate Your use of the Services.
- Payment failure
The Access Fee under clause 3.1. must be paid by You on the Website using a debit or credit card. If by any means this payment is revoked or canceled by your bank,
expertAccounts may take any or all of the following actions, at its sole discretion:
Terminate this Agreement and Your use of the Services and the Website;
Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
Suspend or terminate access to all or any Data.
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Expiry or termination:
Clauses 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.
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Help Desk
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Technical Problems:
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting expertAccounts. If You still need technical help, please check the support provided online by expertAccounts on the Website or failing that email us at support@expertAccounts.com.
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Service availability:
Whilst expertAccounts intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason expertAccounts have to interrupt the Services for longer periods than expertAccounts would normally expect, expertAccounts will use reasonable endeavours to publish in advance details of such activity on the Website.
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General
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Entire agreement:
These Terms, together with the expertAccounts Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and expertAccounts relating to the Services and the other matters dealt with in these Terms.
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Waiver:
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
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Delays:
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
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No Assignment:
You may not assign or transfer any rights to any other person without expertAccounts's prior written consent.
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Severability:
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
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Notices:
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to expertAccounts.com must be sent to support@expertAccounts.com or to any other email address notified by email to You by expertAccounts.com. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
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Rights of Third Parties:
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.